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Home My WebLink AboutMarch 11, 2002 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ottr Website at: www. ci. columbia-heights, mn. us ADMINISTRATION March 8, 2002 Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrockt' Robert ,4. Williams City Manager Waiter 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, March 11, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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: Pastor Tom Carlson, First Lutheran Church l. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 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.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations B) Presentations C) Introduction of New Employees 1) LeAnn Ottney, Accounts Payable Clerk 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: 1) Approve Minutes of the February 25, 2002 regular City Council meeting and the March 4, 2002 Zone 6A Improvement Hearing MOTION: Move to approve the minutes of the February 25, 2002, regular City Council meeting as presented. MOTION: Move to approve the minutes of the March 4, 2002 Zone 6A Improvement Hearing, special City Council meeting as presented. 2) Authorization to seek bids for 2002 Miscellaneous Concrete Replacement and Installation Project. MOTION: Move to authorize staff to seek bids for the 2002 Miscellaneous Concrete Replacement and Installation Project. 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 March 11, 2002 Page 2 of 3 3) Authorization to seek bids for 2002 Street and Parking Lane Striping MOTION: Move to authorize staff to seek bids for the 2002 Street and Parking Lane Striping. 4) Adopt Resolution #2002-17, being a Resolution requesting MSAS Construction Funds for other local transportation uses MOTION: Move to waive the reading of Resolution No. 2002-17, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2002-17 requesting Municipal State Aid System construction funds for other local transportation uses. 5) Authorize to seek bids for Ambulance MOTION: Move to authorize staff to seek bids for the purchase of a new Fire Department ambulance. 6) 7) 8) Adopt Resolution #2002-19~ being a Resolution authorizing condemnation by Quick Take for the property located at 3955 University Avenue NE (PIN#R35- 30-24-31-0151 ) MOTION: Move to waive the reading of Resolution No. 2002-19, there being ample copies available to the public. MOTION: Move to adopt Resolution #2002-19, being a Resolution authorizing condemnation by Quick Take for the property located at 3955 University Avenue NE (PIN#R35-30-24-31-0151) Approve to establish the hearing date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property at 3947 Arthur Street, 4524 Monroe Street, 5101 7th Street, 1348-1350 44 ½ Avenue, and 4637-4639 Pierce Street MOTION: Move to Establish a Hearing Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Utke at 3947 Arthur Street NE. MOTION: Move to Establish a Hearing Date of March 25, 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 Heating Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 5101 7th Street NE. MOTION: Move to Establish a Heating Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Meissner at 1348-1350 44 ½ Avenue NE. MOTION: Move to Establish a Hearing Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Russell Waletski at 4637-4639 Pierce Street NE. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 11, 2002 as presented. City Council Agenda March 11, 2002 Page 3 of 3 9) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. 6. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Special Assessments Contract with Anoka County MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Anoka County for special assessment billing services, to add the estimated county administration charge to the bills, and to place all mid-block lighting bills on the utility bill at a monthly rate of $1.00 effective on all bills sent out after January 1,2003. 2) Authorize Professional Services Agreement for construction services with URS for Central Avenue street, utility and Streetscaping improvements, City Projects 1999-12, 99-12A & 99-20 MOTION: Move to accept the Professional Services Agreement with URS/BRW for Central Avenue Construction Services, Project(s) 1999-12, 1999-12A and 1999-20, in an amount not to exceed $460,680, and authorize the Mayor and City Manager to enter into an agreement for the same. go ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Work Session Items for March 18, 2002 B) Report of the City Attomey GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the February 20, 2002, Human Services Commission 2) Meeting of the February 21, 2002, Telecommunications Commission 3) Meeting of the February 27, 2002, Park and Recreation Commission 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, Cit~' Manager WF/pm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR CITY COUNCIL MEETING FEBRUARY 25, 2002 THES MINUTES HAVF' .BEEN A P_ROYED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 25, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Peterson thanked all the clergy of the community for the wonderful work they do. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Council member Szurek, Council member Wyckoff, Council member Williams. Absent: Council member Nawrocki. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Recognition of Lee Chandler, Promotional Director of the new Semi-Pro team: Minnesota Federals. Peterson stated that the first of five home games for this new semi-pro team would be held at the Columbia Heights High School Football field on June 1, 2002. This will be their home field. Lee Chandler, present to represent the MN federals football team, stated he just recently formed the organization. He introduced Coach Chris King, who started the core of the team four years ago. King stated the team members are recruited from all over the State of Minnesota. The League is call the Great Plains Semi-Pro Football League, and is full contact with ten teams in the league. Williams stated that Chandler is a Columbia Heights resident. Chandler stated this is an opportunity to promote our town to other cities. Williams stated how important this is to our community and will bring in people from all over the region. Peterson stated this would be publicized on our cable channel. Chandler will forward information to the City for promotional purposes. He has already received sponsorship from four local businesses. Wyckoff asked if players get a salary and if they have other jobs. King stated they play for love of the game, as the are not paid and will have to buy their own equipment. He is a sixth grade teacher, and gave his coaching background. The team will have a coaching staff of eight people. Team practices will be Tuesday and Thursday nights from 6:30 to 9:30 p.m., and games will be played on Saturdays. Peterson stated this is a sports minded town and feels the community will support the team. Peterson wished them the best of luck. CONSENT AGENDA Motion by Szurek, second by Williams, to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION to approve the minutes of the February 11, 2002, regular City Council meeting as presented. City Council Minutes February 25, 2002 Page 2 of 9 2) Adopt Resolution No. 2002-12, being a Resolution calling for a Public Improvement Hearing for Central Avenue Water Services and Streetscaping Improvements Project No. 99-12A. MOTION to waive the reading of Resolution No. 2002-12, there being ample copies available to the public. MOTION to adopt Resolution No. 2002-12, being a Resolution calling for a Public Improvement Hearing on March 18, 2002 at 7:00 p.m., City Council Chambers, for the Central Avenue Water Services and Streetscaping improvements, Project 9912A. RESOLUTION NO. 2002-12 BEING A RESOLUTION CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR CENTRAL AVENUE WATER SERVICES AND STREETSCAPING IMPROVEMENTS - PROJECT 9912A WHEREAS, pursuant to Resolution 2001-04, adopted by the City Council on January 22, 2001, a report has been prepared by Mr. Kevin Hansen, City Engineer, with reference to the following improvements: CITY PROJECT 9912A: CENTRAL AVENUE WATER SERVICES AND STREETSCAP1NG IMPROVEMENTS FROM 37TM AVENUE TO 43m:> AVENUES and this report was received by the Council on March 12th, 2001, but postponed due to project development issues, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (frontage and/or parcel unit) as well as non-abutting property (frontage basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $895,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on March 18, 2002, in the Council Chambers located at 590 40th Avenue N.E. at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. 3) Establish Work Session Meeting Dates for: Monday, March 4, 2002 following the 7:00 p.m. Zone 6A Improvement Hearing and Monday, March 18, 2002 following the Central Avenue Improvement Hearing at 7:00 p.m. MOTION to establish Work Session meeting dates for: Monday, March 4, 2002 following the 7:00 p.m. Zone 6A Improvement Hearing in the City Council Chambers, and Monday, March 18, 2002 immediately following the 7:00 p.m. Central Avenue Improvement Hearing in the City Council chambers. 4) Approve Sanction of Taste of Columbia Heights MOTION that the Taste of Columbia Heights be classified as a City sanctioned event for staff participation, insurance, and other purposes. City Council Minutes February 25, 2002 Page 3 of 9 Fehst stated this is the Second Annual Taste of Columbia Heights event. Wyckoff stated it would be held March 24, 2002, at Murzyn Hall, from 4:00 to 8:00p. m. 5) Adopt Resolution 2002-14, being a Resolution in support for the Northstar Commuter Rail Project Cities with Stations MOTION to waive the reading of Resolution No.2002-14, there being ample copies available to the public. MOTION to adopt Resolution No. 2002-14, being a Resolution in support for the Northstar Commuter Rail Project Cities with Stations. Fehst stated that this is an update of the resolution passed about four years ago. The Northstar Corridor Development Authority is asking for additional support from the State for the rail line from St. Cloud to Minneapolis. RESOLUTION NO. 2002-14 BEING A RESOLUTION IN SUPPORT FOR THE NORTHSTAR COMMUTER RAIL PROJECT CITIES WITH STATIONS Whereas, the City of Columbia Heights is a member of the Northstar Corridor Development Authority, established by Joint Powers Agreement in 1997; and Whereas, demographic projections indicate that growth patterns and traffic congestion in both the Twin Cities metropolitan area and the Northstar Corridor will increase dramatically in the next 20 years; and Whereas, the City of Columbia Heights supports Northstar commuter rail from Minneapolis to the St. Cloud/Rice area to help relieve pressure on an overburdened state highway system; and Whereas, the Northstar Corridor commuter rail project, when completed, will provide greater access to and from the City of Columbia Heights, allowing our residents to commute to and from jobs reliably and safely; and Whereas, Northstar Corridor commuter rail will provide a viable transportation alternative for City of Columbia Heights senior citizens on fixed incomes, students, and those with disabilities; and Whereas, the Hiawatha and bus connections will allow City of Columbia Heights residents access to other parts of the Twin Cities, such as the Minneapolis/St. Paul International Airport, Mall of America, and the University of Minnesota; and Whereas, City of Columbia Heights has endorsed the proposed station location by its approval of the Advanced Corridor Plan; and Whereas, the commuter rail station will provide the City of Columbia Heights with a focal point for transit oriented development and the opportunity to contain urban sprawl; and Whereas, the City of Columbia Heights' ongoing support for the Northstar Commuter Rail Project has been demonstrated by its active involvement in the Northstar Corridor Development Authority since 1997; Now, therefore, be it resolved that the City of Columbia Heights hereby reaffirms its support for the Northstar Commuter Rail Project; City Council Minutes February 25, 2002 Page 4 of 9 Now, therefore, be it further resolved, that the City of Columbia Heights requests that the Minnesota Legislature authorize $120 million in state bonds to provide a match for the Northstar Corridor Commuter Rail Project. 6) Approve Business License Applications MOTION to approve the items as listed on the business license agenda for February 25, 2002 as presented. 7) Approve Payment of Bills MOTION to approve payment of the bills, as listed, out of the proper fund. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street. Mayor Peterson closed the Public Hearing, as all deficiencies have been corrected inside the building and the owner has received an extension to complete the work on the outside of the building. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution No. 2002-10, Rate Order - Basic Programming Rates and Resolution No. 2002-11, Rate Order- Equipment and Installation Rates Steve Cruzzetta, Creighton, Bradley and Guzzetta LLC, Attorney for the Telecommunications Commission, stated that under federal law the city regulates basic cable service, installation and equipment rates. Forms 1240 and 1205for rate increases were filed by A T& T Broadband last March and implemented in July 2001. He stated that Ashpaugh and Sculco, CPA& PLC were retained to analyze the rate filing to determine compliance with FCC rules. Discussions were held, whereby AT&T Broadband agreed to decrease the maximum permitted basic service rate by eight cents and to charge a monthly addressable and digital converter rate that does not exceed the company's national average rate reducing the maximum charge by over $2.00. Guzzetta stated this would reduce the maximum rate to $4.25. Wyckoff asked for this information in layman's terms. Guzzetta stated this would probably not affect rates significantly, as the provider tends to not operate at the maximum rate allowed. However, the maximum rate has been reduced by $. 08. Williams referred to competition from Direct TV. Guzzetta stated that they are not regulated by the FCC and probably will not affect our rates. Guzzetta stated that we are trying to regulate the maximum fee. Wyckoff asked how often this is done. Guzzetta stated it is done yearly. Peterson indicated the resolutions reflect the Cable Commission's recommendation. MOTION by Williams, second by Szurek, to waive the reading of Resolution No. 2002-10, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Williams, second by Szurek, to adopt Resolution No. 2002-10, being an Order Regarding the Maximum Permitted Basic Programming Service Rate Set Forth in the Federal Communications Form 1240 Filed by AT&T Broadband on or about March 1, 2001. Upon vote: all ayes. Motion carried. City Council Minutes Febmary 25, 2002 Page 5 of 9 RESOLUTION NO. 2002-10 ORDER REGARDING TI-IE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN TIlE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY AT&T BROADBAND ON OR ABOUT MARCIl 1, 2001 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter "AT&T") filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services" (hereinafter the "2001 FCC Form 1240"), dated March 1, 2001, purporting to set forth and justify the rate it proposed to charge to subscribers in the City for basic cable service; and WHEREAS, the City's legal counsel retained Ashpaugh & Sculco, CPA's, PLC (hereinafter "A&S") to assist the City in reviewing and analyzing AT&T's 2001 FCC Form 1240; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1240, and held a public heating to solicit the views of interested persons; and WHEREAS, City staff and AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1240; and WHEREAS, the rate set forth herein will govern AT&T's basic service rate until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights: 1. AT&T's maximum permitted rate for basic cable service, as calculated in the 2001 FCC Form 1240, is hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rate set herein, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.932, or as otherwise expressly permitted under applicable law and regulations. 3. AT&T may charge rates less than the maximum permitted rate indicated above for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. In its next FCC Form 1240, which will be filed with the City on or about March 1, 2002, AT&T agrees to subtract 8 cents from the maximum permitted basic service rate that could otherwise lawfully be calculated. 5. This Order is based on the representations of AT&T. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. City Council Minutes February 25, 2002 Page 6 of 9 6. The City reserves all of its rights with respect to rate regulation. 7. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 8. This Order shall be effective immediately upon its approval by the City. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). MOTION by Williams, second by Wyckoff, to waive the reading of Resolution No. 2002-11, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Szurek, second by Wyckoff, adopt Resolution No. 2002-11, being an Order Regarding the Maximum Permitted Equipment and Installation Rates Set Forth in the Federal Communications Commission Form 1205 Filed by AT&T Broadband on or about March 1, 2001. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2002-11 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2001 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter "AT&T") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2001 FCC Form 1205"), dated March 1,2001, purporting to set forth and justify the rates it proposed to charge to subscribers in the City for equipment and installations; and WHEREAS, the City's legal counsel retained Ashpaugh & Sculco, CPA's, PLC (hereinafter "A&S") to assist the City in reviewing and analyzing AT&T's 2001 FCC Form 1205; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1205, and held a public hearing to solicit the views of interested persons; and WHEREAS, City staffand AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1205; and WHEREAS, the rates set forth herein will govem AT&T's equipment rates and installation charges until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights, Minnesota: City Council Minutes February 25, 2002 Page 7 of 9 1. AT&T's operator selected rates and charges for equipment and installation, as calculated in the 2001 FCC Form 1205, are hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rates set in the 2001 FCC Form 1205. 3. AT&T may charge rates less than the maximum permitted rates indicated in the 2001 FCC Form 1205 for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. Notwithstanding paragraphs 2 and 3, nothing in this Order shall be construed as a finding that the City has accepted AT&T's filed maximum permissible equipment rates and installation charges as correct. 5. For the period from July 1, 2002, through and including June 30, 2003, AT&T shall charge a monthly "all other converter rate" (addressable and digital converters) that does not exceed AT&T's national average rate for addressable and digital converters. This requirement will be met to the extent that the local "all other converter rate" in the City does not vary by more than $0.05 above the national average. 6. This Order is based on the representations of AT&T. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. 7. The City reserves all of its rights with respect to rate regulation. 8. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 9. This Order shall be effective immediately upon its approval by the City. 10. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Bid Considerations - none Other Business Approve the process of selecting a Development Consultant to assist the City/EDA in preparing a Detailed Request For Proposal (RFP) Fehst referred to the number one goal of the City Council to work on industrial redevelopment. Fehst referred to meetings held and the recommendation of the Economic Development Authority (EDA) to select a firm to work with immediately on a planning grant and Phase I. Fehst stated that we would like to partner with a capable developer to decide what would be best for our industrial area. They wouM make recommendations for marketable projects. This process would invite companies to come in and state what they do and how they could aid us in our development process. Fehst stated that Request for Proposals (RFP's) would still be an option. Peterson asked the cost. Fehst stated there may be no cost, as funding may be received from Anoka County. Fehst stated that County Commissioner Kordiak indicated they would to get us some help. $90,000 was requested, and we hope to receive $50,000 to $60,000. City Council Minutes February 25, 2002 Page 8 of 9 MOTION by Williams, second by Szurek, to approve the process of selecting a Development Consultant to assist the City/EDA in preparing a Detailed Request for Proposal (RFP) seeking developers for the redevelopment of designated Commercial and Industrial areas; and furthermore, to authorize staff to coordinate the Request for Qualification (RFQ) process for the City Council to evaluate and select such consultants. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the Heights Theater Grand Gala Illuminati, scheduled for Friday, March 1st, at 8:30 p.m. when a two story vertical replica sign will be lit. Fehst listed dignitaries that are to be present. Fehst also stated that beginning Friday, Act Two Popcorn would try for a Guinness record at the theater for consecutive hours watching movies in the theater. Upcoming Work Session Items: · Professional Services Agreement with URS/BRW for construction administration for the Central Avenue Street, Utility and Streetscaping Improvement Project, City Project 9912 and 9912A · Purchase of a new refurbished ambulance · Lomianki development update. Fehst stated he would attend the League of Minnesota Cities Legislative Conference on February 28, 2002. Fehst referred to the Governor's budget proposal versus the Legislature's proposal. Fehst indicated that the "wine in grocery stores" issue is dead for the rest of this year. Wyckoff asked if we had spent money lobbying against wine in grocery stores. Fehst stated no. Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions Meeting of the January 15, 2002, Economic Development Authority Meeting of the January 15, 2002, Housing and Redevelopment Authority Meeting of the February 5, 2002 Public Library Board of Trustees Peterson read the e-mail from the Heights Theater about Eleanor Sledz, resident, who was the original ticket clerk at theater. She will throw the switch that lights their new sign on March fit. He indicated that participants in the Guinness movie watching event must be awake for the 52 hours. Fehst listed the time and movies to be played. Wyckoff stated that the Historical Society is currently collecting oral histories about the Heights Theater. CITIZENS FORUM Jim Sarna, Sarna's Tobacco Shoppe, 4329 Central Avenue NE, was present regarding the license request for a new smoke shop at 4301B Central Avenue. Szurek stated she did not want to see tobacco stores close together, and did not approve of them at all. Fehst stated that a moratorium could be put in place regarding these types of businesses. Peterson questioned Jim Hoeft, City Attorney, on the City's options. Hoefi stated the City Planner did a review of this use and everything meets current code requirements. He indicated it would be difficult to impose a moratorium and include someone that has already applied for a license. Fehst stated this is the same owner as the tobacco store in Hilltop. Wyckoff stated she is also against tobacco shops. Hoefi stated City Council Minutes February 25, 2002 Page 9 of 9 that to impose a moratorium there wouM need to be a reason or to conduct a study. Fehst stated that Minneapolis has a separate zone for these types of businesses. Currently, there are about 28 tobacco licenses, but most are at gas stations. Hoefi stated that resources are better spent planning for future requests. Sarna agreed that with the present code, the City could not deny the request, but wanted it noted this is only about 50yards away from his business. Wyckoff listed currently limited types of businesses. Fehst stated that Council could also look at limitations for tobacco businesses. Sarna stated their efforts to not sell tobacco products to youths. Peterson asked that be discussed at a work session. Deb Johnson, 4630 Pierce Street, asked how the public can know what licenses are being approved. Fehst stated that most items are routine yearly renewals and that unusual items are listed in the Council cover letter. Fehst stated that new businesses could be announced with the consent agenda. Johnson asked that they be listed in the consent agenda. Fehst indicated the license requests could be available with the copies of resolutions and ordinances outside of the City Council chambers. Peterson asked that this information be added as a scroll to the agenda on the City cable channel. COUNCIL CORNER Peterson invited the students present to introduce themselves. Wyckoff reminded everyone that the "Taste of Heights" would be Sunday, March 24th from 4:00p. m. to 8:00p. m., featuring six restaurants, and posters by high school students will be displayed. Wyckoff referred to a newspaper article on a multi-million dollar project in Edina by Ron Clark. Wyckoff stated that she had spoken to Mr. Clark regarding upgrading his strip mall in Columbia Heights, with no results. She felt that if he could do this project in Edina that he could be more creative in Columbia Heights. Wyckoff stated she is beginning a new part time job as a tour guide at the State Capitol She gave a quote by President Lincoln and referred to the quotes in the capitol building. Williams also read a quote by President Lincoln. Williams spoke of the City goal to look at options for Parkview Villa South, of which he said we have invested $2.5 million for 50 residents to live and have no return on this investment. Szurek reminded everyone to pray for members of our armed forces and keep them in our thoughts. ADJOURNMENT Mayor Peterson stated, "Don't take ourselves to seriously, enjoy life and do a random act of kindness". Mayor Peterson adjourned the meeting at 8:43 p.m. Patricia Muscovitz, Deputy City Clerk OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING MARCH 4, 2002 THESE MINUTES HAVE 5-A- NOT BEEN APPROVED. The following are the minutes of a Special Meeting for the Public Improvement Hearing on Zone 6A of the City Council held at 7:00 p.m. on Monday, March 4, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmembers Szurek, Wyckoff, Williams, and Nawrocki PUBLIC IMPROVEMENT HEARING: 2002 STREET REHABILITATION PROGRAM FOR ZONE 6A Peterson stated the purpose of the Public Improvement Hearing. A) Full Street Reconstruction Projects 1) Presentation of Information on Street Reconstruction Projects by Staff 2) Questions and Comments on Street Reconstruction Projects B) Partial Street Reconstruction Prqjects 1) Presentation of Information on Street Reconstruction Projects by Staff 2)Questions and Comments on Street Reconstruction Projects Kevin Hansen, Public Works Director, indicated he would combine the presentations for full street reconstruction and partial reconstruction, as only one street is scheduled for partial reconstruction. Hansen listed items included in the Council member's packets. He stated the street rehabilitation program began in 1995 and is broken down into seven zones. Zone 6 was a larger area, but because of the scope of treatment in the area and associated costs, this zone was broken down. The rest of Zone 6 will be seal coated in 2003 and readdressed in the next cycle of improvements. Three techniques are used to determine work done: 1. Core into the street, 2. Contract Brau Intertec to rate the streets, and 3. Kathy Young, Assistant City Engineer counts cracks and records their type. These ratings give an overview of what work needs to be done. Full reconstruction is being recommended in Zone 6A because of the condition of the streets, except for Monroe Street, which will be partial reconstruction. Hansen described full street reconstruction and stated that the existing street width will be maintained. Sidewalk replacement is not proposed, but if added in, the cost would be assessed back to the adjacent owner. Hansen referred to rating of our utility system and the process this includes. The water mains in this area were installed between 1913-1915, the joints are sealed with lead and the pipes are not lined, which leads to iron in the water. He described suggested repairs, i.e. low points, and catch basins. There are grants obtained to do some water pipe repair along Madison Street. There will be spot repairs to the sanitary sewer system, i.e. manholes. Full reconstruction is estimated at $850,000, partial reconstruction at $50,000, and utility work at $340,000. Funding is a combination of assessments, and city funds (the City pays for about 50 percent of full reconstruction). Water services placed before 1950 most likely contain lead and may need to be replaced. This would be estimated at $1,200 per service, but the final cost would be based on actual construction costs. Hansen stated the assessment method is that each parcel pays the same amount for the same type of work. Assessment for full reconstruction is estimated at approximately $2,500, and partial reconstruction is estimated at $2,100. Hansen stated that if Council would want full reconstruction in the partial area, there City Council Agenda March 4, 2002 Page 2 of 4 would be an additional cost of $49,000 to the City infrastructure fund. Hansen stated that where full reconstruction is done there might also be about 18 trees removed. Because of construction work the trees would probably die from cutting the roots and be unsafe after the project. Hansen stated that if the project is approved, we would then go through the final bidding process. There would be another informational meeting when estimated dates for work are known, and the residents can talk to the contractor about any requests they might have for additional work. Hansen stated that the construction time frame would be from June to September. There would be an assessment hearing after the project is complete to determine final costs. Mayor Peterson opened the Public Heating. Wyckoff asked if residents could get 100 percent of their neighbors to request additional work such as a sidewalk, if we would do this. Hansen stated yes, the cost is about $10,000 per one side of a block. Wyckoff questioned adding 43ra to Monroe to the full reconstruction project. Hansen cautioned Council that this would be a large cost to the City infrastructure. Nawrocki stated that sidewalk improvements would only have to be requested by a majority of the neighbors, according to City Charter. Hansen stated this was correct, but suggested that all neighbors agree. Nawrocki referred to future street work for the adjacent avenues and charges that would be assessed, and that these people could be charged again. Hansen explained the assessment procedure for avenues and estimated the cost of $333 for street residents. Nawrocki asked when 43ra and 42na Avenues would be considered for work. Hansen stated sealcoating would be considered in 2003 and then reevaluated in eight to ten years. Ken Pertler, 4236 7th Street, asked if residents have a right to vote on this, and tht he thought this is what his real estate taxes pay for. Peterson stated this work is above everyday maintenance. Hansen stated that the City pays 50 percent of reconstruction costs and we do not assess administrative costs or overhead. Hansen indicated that real estate taxes are split between the county, schools and city, and does not include street repairs. Pertler asked what was wrong with 7th Street. Hansen explained the problems in the area. Pertler felt that his street is tom up from two new homes recently built on his street. He is retired and wanted to know how to pay for this. Hansen stated the costs could be spread over 15 years. Nawrocki stated that people on the street have a right to petition for or against proposed work, for Council consideration. Ken Hensel, 4333 Monroe Street, introduced himself as the Block Captain, stating that his block does not want sidewalks, but would like new curbs for water run offpurposes. Hensel stated they would be charged $2,100 for repairs without curbs, but if the cost would only be about $2,500 with new curbs they would be in favor of paying the extra amount. Hensel asked if something else could be added to help water mn off. Hansen referred to catch basin improvements to stop clogging and special grates to minimize clogging, which are being recommended for low spots. Hansen referred to a pipe for drainage that will be re-routed. Fehst stated that curbs in need of repair and replacement in partial reconstruction areas are included at no cost to the owner. Nawrocki stated that petitioning of the Council would be considered, but must be on a timely basis. Fehst questioned the additional cost to the City for special requests. Hansen stated that the City picks up 30 percent of partial reconstruction costs and 15 percent of mill and overlay work. Hansen stated that the cost of $49,000 to the City would be on the high side. Hansen stated that if there were a petition presented, there would need to be a re-notification procedure and a public heating, which would delay the project, unless the petition included an agreement to waive the fight of a public hearing. Nawrocki stated the notification could be done after this is added to the bidding process. Peterson asked where we would get the additional City Council Agenda March 4, 2002 Page 3 of 4 funding for our portion. Hansen stated we would have to wait until the bids come in for the dollar amount required. Hansen suggested he write the petition for the residents, with help fi.om the city attorney, and deliver it to Mr. Hensel next Wednesday. Hensel stated that the owner of 4845 43ra Avenue would also like to be included for new curbs. Williams stated that he appreciated these residents trying to improve their neighborhood, but questioned if Mr. Pertler could petition against work being proposed. Hensel asked if there are funds to assist residents who are unable to pay. Hansen stated Anoka County does offer assistance based on income levels, and there is a senior citizen assessment deferment. Ken Pertler asked if he would have a water assessment. Hansen stated that segment would have utility work, but the cost would be paid from the utility fund. Pertler questioned the eight percent interest on $2,500 over 15 years. Williams stated that this year the interest rate was dropped to 6.5 percent. Hansen reminded everyone that these are estimated costs and interest rates, and the final determination is made by City Council at the assessment hearing. Fehst referred to the previous Council's decision to improve the infrastructure of the City by spending down reserved funds and using State funds to supplement improvements. Williams felt it was our job to show Mr. Pertler the need for these improvements. Pertler agreed the work probably needs to be done, but stated it would be a financial burden. Sally Whittaker, 4349 Monroe, questioned if residents could pay cash to avoid paying interest. Nawrocki stated that residents have 30 days following the assessment hearing to pay without interest being added. Nancy Hord, 4229 7th Street, asked the life expectancy of the street work. Hansen stated it is about a 60 to 100 year cycle, with seal coating every eight years, and a possible mill and overlay in about 25 years. Deb Johnson, 4638 Pierce Street, stated that we live in an inner ring suburb and it is time to repair the streets. She stated that repairs will only get more expensive if let go. Peterson questioned amending the partial reconstruction resolution if a petition is received. Nawrocki felt that we go a little overboard on these streets, and asked if there are cost reducing actions that could be taken. Hansen stated that another option considered was cold/hot in-place recycling. This would be a good treatment if there were not a gutter, as it raises the height of the existing road. Hansen stated that there are no other treatment techniques for a street that needs this extent of work. Nawrocki questioned that the sanitary sewer survey report was not completed, and if there could be higher than anticipated costs. Hansen stated that the sewer lines in this area are eight inches in diameter. There are root intrusions, but no line settlement problems and there are manhole problems, which need inverts at the bottom. Wyckoff stated that last year the estimated assessment fees went down, and asked how much higher they could go. Hansen stated if project estimates are over 10 percent higher than estimated, staff would come back to Council. Last year final assessments were 15 to 17 percent less than estimated and only one percent the prior year. C) Close the Public Hearing Mayor Peterson closed the Public Heating. D) Consideration of Resolutions 1) MOTION by Szurek, second by Williams, to waive the reading of Resolution No.2002-15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Agenda March 4, 2002 Page 4 of 4 MOTION Szurek, second by Williams, to adopt Resolution No. 2002-15, being a resolution ordering improvements and preparation of plans, P.I.R. #1067, Project #0202. Upon vote: All ayes. Motion carried. 2) MOTION by Williams, second by Szurek, to waive the reading of Resolution No. 2002-16, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Williams, second by Wyckoff, to adopt Resolution No. 2002-16, being a resolution ordering improvements and preparation of plans, P.I.R. #1068, Project #0202, with the addition of Monroe Street from 43ra to 44th Street, if Mr. Ken Hensel gets 100 percent the of neighbors to agree to full reconstruction. Hansen stated the estimate would be $426 per street assessment and $126 per avenue assessment, with an approximate additional cost to the City of $49,000. Upon vote: All ayes. Motion carried. ADJOURNMENT Mayor Peterson adjoumed the meeting at 8:15 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 3/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 5- /~ -"2.- PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR 2002 BY: K. Hanse~,r.~m~_.~ MISCELLANEOUS CONCRETE REPLACEMENT AND DATE: 3/5/~0~,_L.~-X--~-~ DATE: INSTALLATION PROJECT The City has an annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk and street. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks. Recommended Motion: Move to authorize staff to seek bids for the 2002 Miscellaneous Concrete Replacement and Installation Project. KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 3/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~" ~ ~ PUBLIC WORKSn~.~ BDYA~..~/~~ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2002 BY: K. Hansel~___...%~ STREET AND PARKING LANE STRIPING DATE: 3/5/02 The City has an annual program of street and parking lane striping. Staff is requesting authorization to seek bids for the 2002 Street and Parking Lane Striping. Approximately 11% of the project ($825.00) is budgeted for in General Fund 101-431704000. The remaining 89% ($6,600.00) is budgeted for in the Municipal State Aid Maintenance Fund 212431904000. Recommended Motion: Move to authorize staffto seek bids for the 2002 Street and Parking Lane Striping Contract. ICU.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 3/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: RESOLUTION REQUESTING MSAS BY: K. Hansen~r)o~ BY: CONSTRUCTION FUNDS FOR OTHER LOCAL DATE: 3/5/02 ~ DATE: TRANSPORTATION USES Background: As discussed with the Council previously in 1999, the Commissioner of Transportation declared the City's MSA System complete. This allows the City to utilize the population apportionment of the annual construction allotment for local street construction. These funds are intended to supplement the infrastructure fund for the annual Street Rehabilitation Program and will not affect the existing City State Aid construction balance. Analysis/Conclusions: MnDOT requires a resolution requesting funds for other local uses to be approved annually once thc State-Aid system is declared complete. The attached resolution is in a form recommended by MnDOT to obtain MSAS funds which will supplement the City's infrastructure fund for street rehabilitation projects. Recommended Motion: Move to waive the reading of Resolution No. 2002-17, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2002-17 requesting Municipal State Aid System construction funds for other local transportation uses. Attachment: Resolution COUNCIL ACTION: RESOLUTION No. 2002-17 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.65 MSAS miles are currently authorized, and WHEREAS, 11.65 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: 7a Street (42nd Avenue to 44a Avenue), Washington Street (42nd Avenue to 44a Avenue), Madison Street (42na Avenue to 44a Avenue), and Monroe Street (42nd Avenue to 44a Avenue) combined with other non-eligible construction, and WHEREAS, the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and reconstruction of City municipal streets, to wit: 7a Street (42~a Avenue to 44a Avenue), Washington Street (42~a Avenue to 44a Avenue), Madison Street (42~ Avenue to 44th Avenue), and Monroe Street (42~a Avenue to 44a Avenue). Dated this 11a day of March, 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz, Deputy City Clerk Meeting of. March 11, -.00.;. AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: S'-A- 5' :ire ITEM: Authorization to Seek Bids BY: Charles Thompson BY: j~ Ambulance NO: DATE: February 27, 2002 DATE: The Fire Department is requesting authori?atlon to seek bids for the purchase of a new ambulance to replace Rescue 1I. Funds are budgeted in the PERA Residual Fund for this purchase. At the present time, there is $74,000 in the budgeted fund; and with trade-in, this will cover the cost of a new vehicle. RECOMMENDED MOTION: Move to Authorize Staff to Seek Bids for the Purchase of a New Fire Departmem Ambulance. 02-10 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS NOTICE FOR BIDS New 2002 Ford E-450 (158" wheelbase) Type III Cut-A-Way Van Cab- Chassis. The module shall be a 1994 or newer module that shall measure either 162" long, or 147" long plus an addition of a 20" extension. Module must be modified and refurbished to meet bid requirements. The complete Ambulance shall meet all KKK requirements. Notice is hereby given that sealed bids for one 2002 Type III ambulance will be received by the City of Columbia Heights until 1645 hours on March 29, 2002 at which time they will be opened and read aloud in the Administrative Office Conference Room, City Hall, at 590 - 40th Avenue NE, Columbia Heights, Minnesota. Each bid shall be submitted on manufacturer's letterhead. Specifications may be obtained from the Office of the Fire Chief, 555 Mill Street NE, Columbia Heights, Minnesota 55421. All bids must be sealed, marked "Bid on Fire Department Ambulance" and addressed to the City Manager's Office, 590-40th Avenue NE, Columbia Heights, Minnesota 55421. The City Council shall consider bids on Monday, April 9, 2002 at its regular meeting. The City Council of Columbia Heights reserves the right to reject any and all bids and to waive informalities. CITY OF COLUMBIA HEIGHTS WALTER R. FEHST CITY MANAGER 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. CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS BID INFORMATION Bidder's proposal packet shall include all warranties that are required in the following detailed specification. The minimum acceptable required warranties are listed below. The Bidder shall include a copy of their warranties with the proposal package. If Bidder does not include a copy of the warranties the bid shall be rejected. WARRANTIES The completed remount will include the following: Minimum 3-year/36,000 mile bumper-to-bumper Ford chassis warranty Minimum 5-year/100,000 mile Ford engine limited warranty Minimum 1-year NCA conversion limited warranty Minimum 1-year mile electrical parts and labor limited warranty Lifetime module warranty Minimum 2-year PPG paint finish limited warranty CAB AND CHASSIS The cab and chassis shall be a 2002 Ford E450 Super Duty cutaway van chassis; 158" wheelbase; 14,050 lb. GVW; and equipped as follows: Preferred equipment package 776A Ambulance prep package 7.3 Liter direct injection turbo diesel engine Electronic 4-speed automatic transmission with overdrive 4-Wheel anti-lock brakes Six (6) LT225/75R 16E BSW all season tires One (1) LT225/75R 16E BSW all season spare tire and wheel Cruise control with tilt steedng wheel Electronic AM/FM stereo radio with clock Appearance upgrade package Light and convenience group Red Paint to match # PPG 73196 SELF ADJUSTING BRAKES The chassis brake system shall be Ford OEM standard hydraulic disc with front and rear anti-lock. FRONT AXLE The front axle and springs shall have a 4,600 lb. GAWR rating. REAR AXLE The rear axle shall be of a heavy-duty truck type with full fioating axle shafts. Rear axle rating shall be 9,450 lbs and rear springs shall have a 9,450 lb. GAWR combined rating. Rear axle ratio will be 4.10:1 with limited slip SHOCK ABSORBERS The chassis shall be equipped with heavy-duty front and rear gas pressurized shock absorbers. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 1 WHEEL COVERS The stainless steel wheel simulators shall be installed. The rear inside duals shall have braided stainless steel fill tube extensions with spring style clips to prevent extensions from shearing off. FUEL TANK There shall be a single fuel tank with a total capacity of not less than 55 gallons. ELECTRONIC THROTTLE The Ford OEM electric throttle device (ACP) shall be installed and preset to the load-sensing mode. The throttle shall have four (4) programmable memory functions for RPM from 1,300 to 2,500. It shall be deactivated by depressing the brake pedal or shifting into gear. DASH GAUGES There shall be an OEM full gauge group that includes: engine temperature, oil pressure, battery voltage, and fuel level. HEADLIGHT BUZZER The vehicle shall be equipped with an OEM "headlights on" buzzer that will sound when the ignition is off. MIRRORS The mirrors shall be Velvac model 714473 remote heated mirrors black finish with convex mirror. SOUND DEADENING The cab shall include the Ford OEM sound deadening package. CAB GLASS The cab door windows shall have the Ford OEM tint. GRILLE The vehicle shall be fitted with the deluxe OEM chrome grille and grille surround. AIR BAGS The vehicle shall have the OEM driver's side and passenger's side front air bags. AIR CONDITIONING There shall be an OEM high output fresh air heater and air conditioner system installed. AL TERNA TORS There shall be dual Motorcraft 110 amp alternators, internally regulated and rectified, to provide a total output of 220 amps. BATTERIES There shall be two (2) Ford OEM batteries with a combined cold cranking output of 1500 amps, and a reserve capacity of 180 minutes BATTERY STORAGE AND INDICATOR Batteries shall be install in the front right lower compartment with new hold-downs and mounts. A Kussmaul battery condition indicator shall be install on the front left corner of module. TRANSMISSION FLUID COOLER The vehicle shall have a factory installed heavy-duty auxiliary transmission fluid cooler in front of the radiator. FRONT BUMPER There shall be a deluxe OEM chrome plated front bumper with splash panel installed on the vehicle. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 2 POWER LOCKS AND WINDOWS The cab shall be fitted with OEM power door locks and power windows. RADIO There shall be an OEM electronically tuned AM/FM Stereo radio with digital clock installed in the vehicle. CAB SEA TS The vehicle shall have OEM deluxe reclining high back captain's seats. Both seats shall be adjustable and have retractable shoulder harness/lap strap. Shoulder harness "D" nngs shall be adjustable. Both seats shall be fitted with inboard fold down armrests. TRIM PACKAGE The chassis shall include the OEM deluxe interior and exterior trim package. INTERIOR TRIM Interior cab trim shall be as follows: Medium graphite interior cab color OEM molded one-piece cab headliner OEM cab door trim panels with storage drops and arm rests Armrests, sun visors and dash shall be padded OEM heavy duty molded plastic step well liners Deluxe OEM carpeting with sound deadening pad WINDSHIELD WIPERS The vehicle shall have two-speed electric wipers with the intermittent operation feature. HEAT SHIELDS To protect the module floor from excessive heat build-up, full length galvanized steel heat shields shall be installed above the OEM exhaust system as per Ford QVM guidelines. RUNNING BOARDS The vehicle shall be fitted with new aluminum diamond plate running boards on the cab. They shall extend from the front wheel well openings back to the module front wall, and shall taper out to meet the outer comers of the module. They shall also incorporate aluminum diamond plate front splash guards contoured to fit the trailing edge of the front wheel well opening. An open grate insert section shall be installed in the running boards for better traction. FRONT CONTROL CONSOLE A new front cab switch control console shall be installed on the engine cover between the front seats. It will be fastened with quick release soft latches to permit easy removal of the console from the engine cover during service operations. The console will house the following items: All emergency lights and function switches, (layout to be determined by customer) Patient "door open" warning light Compartment "door open" warning light Dual ammeters Voltmeter Hour meter Siren control head and PA microphone Gooseneck map light REAR SWITCH CONSOLE A new rear switch panel and switches shall be installed. Florescent and rear dome lights shall have three way switching from front console. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 3 MAIN WIRING HARNESS, FRONT A new main wiring harness will be installed to connect the front control console and all cab mounted emergency lighting, siren controls and speakers, etc .... to the power distribution panel in the module. be fastened, routed and loomed in accordance with all ambulance builder and Ford QVM guidelines. Materials used will meet or exceed all applicable Federal and Ford QVM requirements. It will MODULE WIRING All module wiring harnesses, connectors, solenoids, relays, breakers, switches, etc.., will be inspected and repaired or replaced as needed. Any major irregularities found will be reported to the customer before work is done to correct the problem. EMERGENCY LIGHT FLASHER A new or existing emergency strobe pack shall be installed. To be bid also with LED strobe/flashers as an option. LIGHT BAR A new MX 7493A- 58" Code III front light bar with 6 rotators, including 2 outer rotators with 120 fpm and inner rotators with 160 fpm, shall be installed. Two Tomar RECT 34S and a Tomar #780-1228 Pre Emption power supply shall be installed in the lower front center section of the light bar. GRILLE AND INTERSECTION LIGHTS New Tomar split red halogen; white strobe grille and intersection light housings and lights shall be installed on the new chassis. Intersection shall be on a 15-degree angle housing fenders. MODULE EMERGENCY AND SCENE LIGHTS The bid shall include pricing for either replacement of the module flashing lights and scene lights with six (6) red strobes or replacement with six (6) LED strobes. Four (4) clear Code III 40 series halogen scene lights shall also be installed. FLASHING HEADLIGHTS A Sound Off ETISSOP headlight shall be installed and shall be controlled the center clear switch on MCC. REAR LIGHTING An amber LED arrow stick, 2 strobe lights, 2 flashers and 2 roar scene lights shall be installed. ANTI- THEFT An anti-theft device shall be installed. The anti-theft shall always be on enabling the removal of keys without turning engine off or interrupting the operation of the unit. This would require depressing the brake pedal to turn engine off. There shall be no switch to control this system. CLOCK A new clock shall be installed in the rear head pad. MODULE POWER DOOR LOCKS Power door lock shall be installed on all entry and compartment doors with a by pass switch in the grill. Switches shall be installed at module rear and side entry doors and shall be controlled also by the Ford OEM power door switches. AUTO EJECT A Kussmaul auto-eject with red cover shall be installed. PARK OVERIDE A park override shall be installed that is activated when transmission is placed in park. The park override will automatically turn off certain lights (determined by Columbia Heights Fire) when in park. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 4 ICC LIGHTS New ICC lights and black grommets shall be installed. REAR STOP, TURN, AND TAIL LIGHTS The stop, turn, and tail light assemblies will be replaced with new Weldon 3010 lights with chrome trim housing. All rear turn signals shall have lens covers with arrows. A third brake light shall be installed centered above the rear doors. SIREN CONTROL HEAD A new Code III # 3866 siren shall be installed in the new front control console. SIREN SPEAKERS Two (2) new 100-watt speakers will be installed under the front bumper per Ford QVM guidelines. Cast Products will be the speaker brand used. ANTENNAS Two antennas shall be tested and replaced if necessary. INVERTER The module shall be pre-wired for a Vanner inverter and a new Vanner inverter shall be installed. MODULE A 1994 · · · · · · or newer module shall be supplied, minimum module dimensions shall be: 168" long module or a 147" long module with a 20" extension certified to FMVS and QVM standards 96" inches wide Minimum 68" inches interior height Minimum 35 cubic feet of interior storage Minimum 71 cubic feet of exterior storage Module shall be insulated to minimize the conduction of heat, cold and external noise from entering the module. MODULE EXTERIOR The module shall be refurbished and repainted. The following procedures will be performed: The entire module will be disassembled. All door hinges and handles will be removed, as will all light assemblies, fenderettes, rub rails, comer guards, etc. Painted surfaces will then be mechanically stripped to bare metal. All stress cracks will be properly welded and ground smooth. Any unnecessary holes will also be welded shut and ground smooth. All corrosion will be ground down and treated with a chemical etch to prevent further deterioration of the metal. All dents and damage will be removed at this time as well. The module will then be washed down with wax and grease remover to ensure a good, clean bond for the epoxy primer that is then applied. Premium grade body filler is then used as needed and sanded fiat. The entire module is sealed again with an epoxy primer surfacer, which is then sanded smooth to produce a defect-free surface for the final finish. Epoxy primer-sealer is applied over the entire module, followed by a double-base coat of paint. The entire unit shall be rust proofed. The entire module is then wet sanded with 1200 grit paper and buffed to a final finish luster. PPG Automotive paint products are used throughout this operation to ensure compatibility of products and to provide the customer with the highest quality finish available. The entire unit shall be painted Red Paint # PPG 73196 EXTERIOR COMPARTMENTS All outside storage compartments shall be sprayed with a polyurethane material to provide an easy-to- maintain finish that is highly resistant to dents, scratches, and chemicals. CAB-TO-MODULE SEAL A new automotive grade self-adhering seal strip shall be properly installed between the cab flange and module front wall to ensure a tight weatherproof seal. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 5 REAR BUMPER ASSEMBLY The rear bumper assembly shall be replaced (center, bumper ends, aluminum inserts). REAR KICKPLA TE A new aluminum diamond plate rear kick plate shall be installed above the bumper assembly. RUB RAILS AND FENDER RINGS Material to be used for rub rails and fender rings shall be approved by the Customer. ENTRY DOORS Entry doors shall be refurbished, with new latches, latch rods, and hardware installed as needed. PADDLE LA TCHES Paddle latches on all module doors shall be inspected and replaced as necessary both entry door latches LA TCH PINS Latch pins for all module doors shall be inspected for excessive wear, and if needed they will be replaced 'and adjusted. DOOR HINGES All module exterior door hinges shall be inspected for excessive wear and/or damage, and to ensure that they are securely fastened. Customer shall be notified if any hinges need replacement. DOOR WEA TH ERS TRIP All module entry door and outside storage door weather-stripping shall be replaced with new, comparable, automotive quality material. All doors will be tested for a tight seal and adJusted as needed. DOOR GRAB HANDLES All module entrance doors shall have a grab bar made of 1%" diameter brushed stainless steel mounted to the interior of the doors. DOOR JAMB SWITCHES Ail module doorjamb switches shall be replaced with new switches. DOOR HOLD-OPEN DEVICES Hold-open devices on all doors shall be inspeCted and repaired or replaced as needed. REAR HEA T/AIR CONDITIONING The rear heater and air conditioning unit shall be tested and repaired or replaced as needed. (Customer shall be notified if unit needs replacement). The A/C system will be upgraded to 134H specifications. The heater A/C shall be located with air discharges to floor also. Under hood heater shut-off valves and solenoids shall be replaced with new ones at time of chassis modification. Ail new EDPM/NOMEX heater hose shall be installed from the OEM hook-up to the rear heater core. All fittings shall be properly clamped and tested for leaks. All new Galaxy 134H Freon rated hose shall be installed from the OEM hook-up to the rear AC unit. All AC fittings shall be bubble crimped and the entire system shall be vacuum-tested for leaks before charging. VENTILATION SYSTEM The patient compartment exhaust fan and vent system shall be tested for proper operation and airflow. Repairs will be made as needed. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 6 MODULE INTERIOR Module intedor shall be inspected and refurbished. If needed, the old wall covering shall be removed. The walls shall then be sanded smooth and new post form grade plastic laminate shall be installed with an approved contact adhesive. (Customer shall determine laminate color). New seat belts shall be installed. Five florescent lights shall be installed with a programmable timer and side entry momentary switch. INTERIOR CABINETS All interior cabinets shall be inspected and repaired as needed. Cabinet modifications shall be performed as per customer specifications (optional). All cabinet fronts shall have restocking flip up enclosed frame feature. SHARPS HOLDER A sharps holder shall be fabricated to hold their sharps container. BACK BOARD COMPARTMENT Shall be installed inside module on the driver's side between wall and cot. 02 SYSTEM The 02 system shall be tested and repaired as needed. ENTRY DOOR PANELS Interior door panels shall be recovered with aluminum diamond plate. CELL PHONE, RADIOS, AND HAND LIGHTS ~ A customer supplied cell phone shall be provided for installation in a location specified by the customer. A new Motorola MCS 2000 with dual head feature and two speakers shall be installed in locations specified by the Customer. A new Motorola HT 1250 shall be supplied to the customer and a new charger for the radio shall be mounted in a location specified by the customer. A new Streamlight SL50 "high intensity light box" flashlight (orange in color) and charger shall be installed in a location specified by the customer. A new Streamlight "Ultra Stinger" 75,000 cp flashlight and charger shall be installed in a location specified by the customer. High-quality minimum 300,000 candlepower hand-held blue lens spotlight. FRONT ORGANIZER CONSOLE/BEHIND. THE-SEA T ORGANIZERS If the customer specifies, a console to hold two drink cups, three large ring binders & map books, with a fiat top writing surface, and two glove holders shall be included in the front cab area. Console will have a black plastic laminate top, with all other exposed surfaces covered with and automotive grade short carpet to match cab interior. Two organizers of the customer's design shall be installed on each side behind the seats. SUCTION The on-board recessed suction system shall be tested for proper operation; components will be repaired or replaced as needed. PORTABLE SUCTION A S-SCORT FASTVAC Suction unit shall be provided to the customer and a new AC charger shall be installed in a location determined by the customer. UPHOLSTERY The squad bench and all upholstery will be recovered with an automotive grade vinyl as needed; with color to be determined by the customer. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 7 SQUAD BENCH HOLD-OPEN The squad bench hold-open devices shall be inspected and tested for proper operation. be replaced. A hold down latch shall be installed. If needed, they will ATTENDANT'S SEA T A new attendance seat and seat belts shall be installed. MODULE FLOOR COVERING The old floor covering will be removed. Any repairs needed on the sub flooring will be done at this time. The sub floor will then be sanded smooth and the new floor covering will be installed with an approved waterproof adhesive. The floor covering shall be Loncoin II non-skid Fleckstone flooring. Customer will determine color. (The floor covering shall be wrapped up the side of both squad benches). COT HOLDER A Femo Model 175 cot holder shall be installed. HEADLINER The patient compartment headliner shall be cleaned and resprayed as needed. MA TTING, COMPARTMENT All storage compartments shall have gray Matteflex installed on the floors to provide an impact resistant surface and to allow ventilation under stored equipment. MEDICAL KITS Two (2) medical 1=t aid kits shall be provided to the customer, one shall be of soft-sided design and one of hard-sided design. OXYGEN KIT~SPARE BOTTLES One (1) complete 02 kit with 'D" sized cylinder, PPV head and liter-flow in a soft kit shall be provided. Two (2) 'D" sized aluminum 02 cylinders shall be provided. LETTERING AND GRAPHICS All vinyl lettering, reflective striping and graphics shall be installed per customer's design, not to exceed $2500.00. CERTIFICATION The completed remount shall be provided with the following certification and information: · Weight analysis · Electrical load analysis · Final build certification · Final inspection results · Quality assurance · Warranties · AI.~I operation and service manuals/information for the cab chassis, module and all installed items (i.e. light bars, inverters, radios, etc.) shall be provided to the customer · Ford QVM Certification TRADE. IN Bidder must be willing to accept a trade-in of a 1996 Type III Wheeled Coach Conversion Ambulance. Ford E-350 Chassis, 53,000 miles, power windows & locks, AM/FM Stereo, 7.3 L Turbo Diesel, New tires, Repainted, MX-7000 Light Bar with Opticom, Strobes, Phoenix wheel covers. Minimum bid of $14,000.00. COLUMBIA HEIGHTS FIRE DEPARTMENT 2002 AMBULANCE SPECIFICATIONS 8 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: March 11, 2002 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: .~--A- ~o Community Development APPROVAL ITEM: AdoptResolution2002-19, BY: RandySchumacher~ BY:~~ Authorizing Condemnation by Quick Take for DATE: March 7, 2002 the Property Located at 3955 University ~ 0'~2~' Avenue N.E. (Pin #R35-30-24-31-0151) for Redevelopment Purposes BACKGROUND: In year 2000, Communit,~ Development Block Grant Funds were earmarked for the redevelopment of blighted property at the north end of Lookout Place and 40t~ Avenue. The City successfully negotiated the acquisition of two single-family homes and cleared same, for redevelopment. At the time, the owner of 3955 University (the gas station directly north) was interested in working with the City to expand his business on the recently acquired City property. He was unable to obtain funding for the expansion of his business. At that time, the City requested Community Development Block Grant funding from Anoka County for the acquisition of his property. The property owner supported this grant request in letter form. The City received $175,000 for the acquisition of his property in July of 2000. City staff has been unsuccessful in negotiating an acceptable sale price for his property. The Redevelopment of this property is consistent with the plans of the Economic Development Authority and the City Council, meets the definition of blighted property pursuant to Community Development Block Grant funding criteria, and must be acquired in a timely matter in order to secure the Community Development Block Grant funding presently in place. Therefore, by using Condemnation to acquire this property for redevelopment purposes, it will assure the City that this property will be acquired in a timely manner and Community Development Block Grant funding will not be lost. RECOMMENDATION: Staff recommends City Council Adoption of Resolution 2002-19, authorizing Condemnation by Quick Take for the property located at 3955 University Avenue N.E. (PIN #R35-30-24-31-0151 ) for redevelopment purposes. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-19, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2002-19, a Resolution Authorizing Condemnation by Quick Take for the Property Located at 3955 University Avenue N.E. (PIN #R35- 30-24-31-0151) for Redevelopment purposes. Attachments COUNCIL ACTION: h:\Consent2002\CL Adopt Res.2002-19 Condemnation RESOLUTION 2002-19 BEING A RESOLUTION AUTHORIZING CONDEMNATION BY QUICK TAKE FOR THE PROPERTY LOCATED AT 3955 UNIVERSITY AVENUE N.E. (PIN # R35-30-24-31-0151) FOR REDEVELOPMENT PURPOSES WHEREAS, the City of Columbia Heights has been negotiating with the property owner at the above referenced address for over two years in an attempt to acquire same for redevelopment purposes, and WHEREAS, the City has successfully negotiated the acquisition of blighted properties directly South and adjacent to subject property for redevelopment purposes, and WHEREAS, the Economic Development Authority and City Council have adopted goals and priorities for year 2002, of which this acquisition/redevelopment project has been given a high priority, and WHEREAS, the City under City Charter (Chapter 9), and Minnesota State Statutes is empowered to acquire by purchase, gift, devise or condemnation, any property which may be needed by said City for public use or purpose. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA THAT: 1. The stated acquisition is in the public interest and for a public purpose. 2. That the City Attorney is directed to proceed with Condemnation and where legally appropriate to acquire this property by direct purchase, if feasible and practical. o The time requirement for funding this acquisition with Community Development Block Grant dollars makes it necessary to obtain this property in a timely manner so as not to jeopardize the funding source. 4. The acquisition is consistent with the City's redevelopment plan and qualifies under the definition of a blighted property. 5. The City may at any stage of the Condemnation proceedings, abandon such proceedings of the property sought to be acquired. Dated this __ day of March, 2002 Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of: March 11, 2002 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL NO: ~- - A"-[ Fire ITEM: Establish Heating Dates BY: Charlie Thompson BY:/o///~ License Revocation, Rental Properties NO: DATE: March 6, 2002 DATE: 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. David Utke .................................................................... 3947 Arthur Street NE 2. Rueben Cruz .................................................................. 4524 Monroe Street NE 3. Robert Zschokke ........................................................... 5101 7th Street NE 4. Richard Meissner .......................................................... 1348-1350 44-1/2 Avenue NE 5. Russell Waletski ............................................................ 4637-4639 Pierce Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Utke at 3947 Arthur Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of March 25, 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. RECOMMENDED MOTION: Move to Establish a Heating Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 5101 7~h Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Meissner at 1348-1350 44 ~A Avenue NE. RECOMMENDED MOTION: Move to Establish a Heating Date of March 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Russell Waletski at 4637-4639 Pierce Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 11, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: -~" A ' ~2~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~j~¥~ DATE: NO: DATE: March 8, 2002 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the March 11, 2002 City Council meeting. This agenda consists of applications for Contractor licenses and Fuel Dispensing Devices 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 March 11, 2002 as presented. COUNCIL ACTION: TO CITY COUNCIL March 11, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Dependable Indoor Air *Plumbing Services Inc. *Schwantes Heating PMJ Group 2619 Coon Rapids Blvd 1628 Hwy 10 NE 6080 Oren Ave N,Stillwtr PO Box 43243 Brk Pk $50.00 $50.00 $150.00 $50.00 FUEL DISPENSING DEVICES Lowell's Automotive 4457 University Ave FIRE $100.00 BRC FINANCIAL SYSTEM 03/08/2002 08:23:59 FUND RECAP: FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 202 ANOKA COUNTY CDBG 203 PARKVIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOUTH 225 CABLE TELEVISION 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 270 DARE PROJECT 276 LOCAL LAW ENFORCE BLK GRANT 278 JUVENILE JUSTICE GRANT 376 TAX INCREMENT BONDS 378 MEDTRONICS DS 385 MULTI-USE REDEVELOPMENT PLAN 401 CAPITAL IMPROVEMENTS 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 143,208.48 212.73 19,125.00 19,676.92 2,701.52 368.91 10,065.95 3,725.85 252.48 9,304.29 1,488.92 1,312.47 142.03 36.00 14,059.08 82,193.00 8,164.00 9,287.31 862.62 85,792.16 2,440.76 239.00 937.54 199,329.45 11,104.10 383.15 1,437.15 71.89 34,280.00 253,157.25 7,735.66 923,095.67 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME ................................ BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 923,095.67 923,095.67 BRC FINAI~CIAL SYSTEM 03/08/2002 08 Check History 03/11/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BkNK CHECKING ACCOUNT HONEYWELL INC 96865 16,704.00 ALL SAINTS BRAND DISTRIB 96866 596.85 ANOKA COUNTY 96867 86,931.00 BELLBOY CORPORATION 96868 5,016.54 CHISAC4) LAKES DISTRIBUTI 96869 240.30 CITY WIDE WINDOW SERVICE 96870 8.52 COCA-COLA BOTTLING MIDWE 96871 687.80 DICK/ELNORA 96872 35.00 EAGLE WINE COMPkNY 96873 1,680.78 EAST SIDE BEVERAGE CO 96874 26,881.60 FEMLING/CAROL 96875 36.19 FIELD/MATTHEW 96876 65.66 G & K SERVICES 96877 10.02 GENUINE PARTS/NAPA AUTO 96878 168.44 GORDIER/KEN 96879 215.01 GRIGGS-COOPER & CO 96880 27,118.42 HALDEMAN-HOMME INC 96881 18.19 HARVEY/ROBERT 96882 27.54 HOHENSTEINS INC 96883 3,613.55 HOME DEPOT ~2802 96884 130.03 IN-DEPENDENT SCHOOL DIST 96885 336.00 JOHNSON BROS. LIQUOR CO. 96886 7,970.61 JOHNSON PAPER & SUPPLY C 96887 460.98 KUETHER DIST. CO. 96888 27,312.05 LARSON/ROY 96889 1,350.00 LEAGUE OF MINNESOTA CITI 96890 354.32 MAPLE GROVE RECREATION D 96891 221.00 MARK VII DIST. 96892 5,422.45 MCGEE/MICHAEL 96893 297.45 METRO COUNCIL ENVIROMHNT 96894 1,138.50 METROCALL - ATT MESSAGIN 96895 66.55 MN DEPT OF HEALTH 96896 128.00 MN REC & PK ASSOC - MRP 96897 500.00 MOELLER/KAREN 96898 71.89 MROS-NORTHERN LIGHTS/RIC 96899 450.00 NEEDHAM DISTRIBUTING CO 96900 117.25 NORTH STAR ICE 96901 177.48 OFFICE DEPOT 96902 81.29 PAUSTIS & SONS 96903 683.90 PEPSI-COLA-7 UP 96904 301.11 PETTY CASH - JOANNE BAKE 96905 83.32 PHILLIPS WINE & SPIRITS 96906 5,582.26 PINNACLE DISTH 96907 118.25 PIS~SKY/MICHAEL 96908 11.00 PRIOR WINE 96909 1,590.30 QUALITY WINE & SPIRITS 96910 18,393.94 QWEST COMMUNICATIONS 96911 1,632.81 BRC FIN~CIAL SYSTEM 03/08/2002 08 Check History 03/11/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT RELIANT ENERGY MtNNEGASC RON KASSA CONSTRUCTION STURDEVANT/JOE A SURPLUS SERVICES ~I COUNTY BEVERAGE & SU UNITED RENTALS - HWY TEC UNIVANCE - ACCTS RECEIV UNIVERSITY OF MINNESOTA VERIZON WIRESESS WINDSCHIT~/KEITH XCEL ENERGY (N S P) ACCENT SERVICE COMPANY ALL SAINTS BRAND DISTRIB BECKETT/JASON BELLBOY CORPORATION BRADLEY REAL ESTATES INC BRECKENITCH/LAURIE BREEZY POINT RESORT CARR/EVE ,YN CHISAGO LAKES DISTRIBUTI CITY OF EAGAN CITY WIDE WINDOW SERVICE CLARK PRODUCTS INC COLUMBIA HEIGHTS I COLUMBIA PARK CLINIC CROISSANT/GLORIA DALE CAiANEGIE & ASSOCIAT D ETZ/VAL DOW LE/ ARY EAGLE WINE COMPANY EAST SIDE BEVERAGE CO LONG/DOROTHY G & K SERVICES GENUINE PARTS/NAPA AUTO GLE~OOD INGLEWOOD GOODtN CO. GRIGGS-COOPER & CO HANSEN/KEVIN HOHENSTEINS INC IKON OFFICE SOLUTION IPC PRINTING JOHNSON BROS. LIQUOR CO. KUETHER DIST. CO. MARK VII DIST. MEDTRONIC INC HENARDS CAS}IWAY LUMBER-F METROCALL - ATT MESSAGIN 96912 11,746.71 96913 9,287.31 96914 124.00 96915 20.00 96916 132.50 96917 29.00 96918 27.28 96919 1,125.00 96920 104.80 96921 6.92 96922 18,632.82 96923 667.01 96924 874.57 96925 25.42 96926 224.06 96927 8,443.74 96928 21.79 96929 804.07 96930 42.00 96931 155.90 96932 200.00 96933 7.46 96934 85.23 96935 4,471.67 96936 1,655.00 96937 250.00 96938 567.00 96939 32.95 96940 42.00 96941 1,496.01 96942 29,551.15 96943 36.00 96944 197.16 96945 119.08 96946 58.84 96947 155.75 96948 1,454.58 96949 66.54 96950 603.87 96951 155.79 96952 104.41 96953 2,611.62 96954 2,439.40 96955 2,555.75 96956 82,193.00 96957 73.48 96958 190.59 BRC FINANCIAL SYSTEM 03/08/2002 08 Check History 03/11/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MINNESOTA COACHES MISKE JR & MARY JO MISKE MN DEPT OF ADMINISTRATIO OFFICE DEPOT PEPSI-COLA-7 UP PETERSON/DIANE PEltrY CASH - KARE~ MOELL PETTY CASH - MARY DUGDAL PLUNKETT' S, INC QUALITY WINE & SPIRITS QWEST CO~9~UNICATIONS P~EP/~Y~ SCHINDLER ELEVATOR CORP SCIENCE MUSEUM OF MINNES SHOREVIEW/CITY OF SOUTHERN ANOKA COUNTY CH STAR TRIBUNE STATE TREASURER BLD VERIZON WIRELESS VIKING ELECTRIC SUPPLY VOSS LIGHTING XCEL ENERGY (N S P) AFFINITY PLUS FEDERAL CR FIRST COMMUNITY CREDIT U HEALTH PARTNERS t(]~A RETIREMENT TRUST 45 JEFFERSON PILOT MN CHILD SUPPORT PAYMENT ORCHARD TRUST COMPANY PERA PUBLIC MANAGERS ASSOCIAT UNION 320 UNITED WAY VANTAGEPOINT TRANSFER - WELLS FARGO - PAYROLL AC WI DEPARTMENT OF REVENUE A & C SMALL ENGINE ABC-CLIO, tNC ABLE HOSE & RUBBER INC ACE HARDWARE ALLINA HEALTH SYSTEM AMEM-% MIKE ROUILLARD TR AMERIPRIDE ANOKA COUNTY LIBRARY ANOKA COUNTY PROPERTY RE ANOKA HENNEPIN TECH COLL 96959 9.53 96960 773.00 96961 8,164.00 96962 454.50 96963 14.81 96964 2.50 96965 250.00 96966 77.34 96967 119.10 96968 89.67 96969 3,568.84 96970 294.67 96971 251.35 96972 186.48 96973 75.00 96974 200.00 96975 240.00 96976 2,238.57 96977 30.00 96978 19.90 96979 22.73 96980 29.13 96981 3,386.46 96982 584.77 96983 2,380.00 96984 56,171.47 96985 12,864.53 96986 637.81 96987 674.70 96988 7,620.50 96989 27,382.22 96990 40.00 96991 1,094.16 96992 39.00 96993 225.00 96994 150,043.87 96995 294.62 96997 13.09 96998 48.15 96999 79.65 97000 406.85 97001 455.00 97002 100.00 97003 108.91 97004 278.06 97005 16,626.34 97006 650.00 BRC FINANCIAL SYSTEM 03/08/2002 08 Check History 03/11/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ASPEN EQUIPMENT 97007 136.92 ASPEN MILLS, INC. 97008 1,117.00 ASPEN PUBLISHERS INC 97009 257.73 B~Z~ER & TAYLOR CONT. SER 97010 3,000.95 BARNES & NOBLE INC 97011 26.35 BIFF'S,INC. 97012 421.56 BOOK WHOLESALERS INC 97013 83.95 BOOKMEN INC/THE 97014 123.36 BRODART 97015 16.46 BRODERBUND 97016 25.94 BUCKST~F 97017 2,016.50 CAMDEN PET HOSPITAL 97018 689.00 CDW-G 97019 2,421.81 CENTER FOR ENERGY/ENVIRO 97020 18,475.00 CIGNA BEHAVIORAL HEALTH 97021 532.53 CITY WIDE LOCKSMITHING 97022 268.91 COLLEGIATE PACIFIC 97023 309.12 CREIGHTON BRADLEY GUZZET 97024 3,725.85 CREST VIEW CORPORATION 97025 17,239.27 CRYSTEEL TRUCK EQUIPMENT 97026 269.26 DALCO ENTERPRISES INC 97027 64.12 DA~OFFICE IMAGING 97028 71.88 DAVIES-NORTHERN WATER WK 97029 269.27 DEMCO 97030 39.45 ELECTION SYSTEMS & SOFTW 97031 327.96 EMBROIDERY & MORE 97032 76.79 ENCOMPASS 97033 685.00 FIRE DEPT SAFETY OFFICER 97034 75.00 F~EX COMPENSATION, INC 97035 173.25 G & K SERVICES 97036 370.40 GALE GROUP/THE 97037 44.17 GENUINE PARTS/N~A AUTO 97038 384.54 GOPHER BEARING COMPANY 97039 6.03 GO~R/i]~ENT FINANCE OFFIC 97040 155.00 GROSSE/PAUL 97041 199.00 FARVEST INTERIORS 97042 1,004.00 NASSAN SAND & GRAIL 97043 682.78 HOME DEPOT $2802 97044 181.81 HOUCHEN BIN1)ERY LTD 97045 138.10 INTEGRATED LOSS CONTROL 97046 602.00 IPC PRINTING 97047 98.31 JINDRA/PATRICIA 97048 70.00 KMART 97049 88.84 KEEP INC/THE 97050 34.15 KENNEDY & GRAVEN 97051 2,649.50 LADEN'S BUSINESS MACHINE 97052 175.00 LEAGUE OF MN CITIES INS 97053 34,280.00 BRC FINANCIAL SYSTEM 03/08/2002 08 Check History 03/11/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06~40 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT LUBES UNLIMITED 97054 245,85 MAC QUEEN EQUIPMENT CO. 97055 79.43 MACA 97056 60,00 MC COLLISTER & CO 97057 464.92 MCI WORLDCOM CO~ SERVIC 97058 6.02 MENkRDS CASHWAY LUMBER-F 97059 78.05 METRO WELDING SUPPLY 97060 187.44 MGS PROFESSIOAL BUILDING 97061 90.00 MID-AMERICA SALES ASSOCI 97062 692.60 MIDWAY FORD 97063 598,84 MIDWEST TAPE 97064 19.99 MINNEAPOLIS FINANCE DEPT 97065 82,684,58 MINNEAPOLIS OXYGEN CO. 97066 53.74 MINNEAPOLIS SAW CO. 97067 85.76 MINNESOTA D.A,R.E.,INC 97068 54.00 MITEL 97069 1,015,00 MN CHIEFS OF POLICE ASSO 97070 150.00 MN DEPT OF ADMINISTRATIO 97071 37.00 MN STATE TREAS BUILDING 97072 298.65 MORTENSEN ENTERPRISES 97073 500.00 MORTON SALT 97074 6,549.10 NELSON CHEESE AND DELI 97075 102,45 NFPA INTERNATIONAL 97076 115.00 NORTH MEMORIAL EMS EDUCA 97077 50.00 NOW CARE MEDICAL CENTERS 97078 68.00 OFFICE DEPOT 97079 657.10 ORKIN 97080 52.27 PARK SUPPLY INC 97081 125,13 PERFORMANCE OFFICE PAPER 97082 716.96 PETERSON/RONALD 97083 394.05 PFC EQUIPMENT, INC 97084 509.61 PIONEER PRESS 97085 52.13 PLUlfKETT'S, INC 97086 89.67 QUICKSILVER EXPRESS COUR 97087 15.30 RESOURCE DOCUMENTS & ADV 97088 308.34 RUBT~IMANN/ROBERT 97089 35.00 SCHINDLER ELEVATOR CORP 97090 186.48 SIGN LANGUAGE & GOLDEN A 97091 35,09 SIMPLEX GRINNELL 97092 830.00 SQUEEGEE PRO WINDOW CLEA 97093 55.00 STAR TRIBUNE 97094 111.80 STHEICHER'S GUN'S INC/DO 97095 683.65 SUNDBERG COMPANY 97096 12,88 SYSTEMS SUPPLY INC. 97097 322.19 TELEPHONE ANSWERING CENT 97098 123,20 TRANS-ALARM INC 97099 115.00 TWIN CITY TRANSPORT & RE 97100 53.25 BRC FINANCIAL SYSTEM 03/08/2002 08 Check History 03/11/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 6 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT UPSTART 97101 33.60 VECTOR INTERN-ET SERVICES 97102 150.00 VERIZON WIRELESS 97103 409.28 WERNER ELECTRIC SUPPLY C 97104 30.98 WEST WELD 97105 159.52 WW GRAINGER, INC 97106 49.65 XPECT FIRST AID 97107 17.34 ZAHL EQUIPMENT 97108 55.70 ZIEGLER INC 97109 91.60 923,095.67 *** CITY COUNCIL LETTER MEETING OF: MARCH 11, 2002 AGENDA SECTION: ITEMS FOR CON- ORIGINATING DEPT: CITY MANAGER SIDERATION FINANCE AND APPROVAL NO '] _~ ~ ADMINISTRATION , ITEM: SPECIAL ASSESSMENTS CONTRACT BY: WILLIAM ELRITE~/'~ --BY: WITH ANOKA COUNTY LINDA MAGEE~/'""Jt NO: DATE: March 5, 2002 Over the years staff and various councils have discussed the City continuing to perform special assessment billing versus turning the billing process over to Anoka County to be added onto the property tax statements. For many years, Columbia Heights has been the only city in Anoka County to process their own special assessment billing. This is a similar situation with cities in other counties in that the county does the special assessment billing in virtually all cases. As discussed during the 2002 budget process, the plan on the part of the City of Columbia Heights, with the upcoming retirement of the Accounting Clerk II-Assessing, is to contract with Anoka County for special assessment billing services. What this means is that the City would no longer be sending out bills, instead the annual assessment would be added to the resident's property tax statement as is done in all other cities in Anoka County. The City would still have the responsibility of performing the calculation and maintaining records on any outstanding balances. The only payments that would be collected by the City would be total payoff for future years. Through this contracting with the county, it would be proposed that the Accounting Clerk II-Assessing position not be refilled and that the records and calculation of assessments for projects be transferred to the Public Works department. These duties will become part of the part-time clerk position in the Public Works department, which is currently vacant. It is projected that the cost to convert the current 92 projects that we are billing for to the county would be under $10,000. Future year costs under the contract with the county would vary greatly, depending on the actual number of construction projects that are undertaken. In essence, the county charges $55.00 to set up a project for billing and then a charge for each bill that is sent out. Depending on the number of projects and bills the City would have, this could equate to approximately $2.60 per billed parcel. For example: To continue the annual billing on the 92 projects, 1,070 parcels that we currently have, the annual cost for billing through the county would be approximately $3,700. In addition to this, turning the billing over to the county could actually speed up the time frame in which we receive the revenue. Currently projects are closed out and levied in October and November. They are then billed in May of the following year with the bill being due in September. Under the structure of turning this over to the county we would close out and levy projects the end of September or early October, the projects would then be certified to the county in November and go on the property tax statement for the following year with us receiving half of the assessment payments in June and the other half in November. The second part of this is that we currently bill through the assessment billing project for mid-block alley lighting and one mid-block street light. It is recommended that these billings not be certified to the county but be added on to the utility bills. Currently each mid-block project is calculated on its own cost, which results into a multitude of billing rates. It is recommended that rather than having a multitude of billing rates, we add the mid-block lighting bills onto the utility bills at a flat rate of $1.00 per month for all parcels that currently benefit from mid-block lighting. $1.00 is approximately the overall average cost. In summary, to continue the annual billing on the 92 projects, 1,070 parcels that we current have, the annual cost of billing through the county would be approximately $3,700. It is recommended that this cost of approximately $2.60 per invoice be added to the assessment and recovered from the benefiting property. In addition to this, turning the billing over to the county could actually speed up the time frame in which we receive the revenue. Currently projects are closed out and levied in October and November. They are then billed in May of the following year with the bill being due in September. COUNCIL ACTION: CITY COUNCIL LETrER MEETING OF: MARCH 11, 2002 AGENDA SECTION: ITEMS FOR CON- ORIGINATING DEPT: CITY MANAGER SIDERATION FINANCE AND APPROVAL NO: ADMINISTRATION NO: DATE: March 5, 2002 Page 2 Under the structure of the county, projects are closed out and levied the end of September or early October. They are then certified to the county in November and are put on the property tax statement for the following year with us receiving half of the assessment payments in June and the other half in November. Second, we currently bill through the assessment billing project for mid-block alley lighting and one mid-block street light. It is recommended that these billings not be certified to the county but be added to the utility bills. Currently each mid-block project is calculated on its own cost, which results in a multitude of billing rates. It is recommended that rather than having a multitude of billing rates, we add the mid-block lighting bills onto the utility bills at a flat rate of $1.00 per month for all parcels that currently benefit from mid-block lighting. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Anoka County for special assessment billing services, to add the estimated county administration charge to the bills, and to place all mid-block lighting bills on the utility bill at a monthly rate of $1.00 effective on all bills sent out after January 1, 2003. WE:sms 0202281 COUNCIL COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 3/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER "~ - C..' '~ PUBLIC WORKS~ ~~¢ ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen~,w,,.~ BY: CONSTRUCTION SERVICES WITH URS FOR CENTRAL DATE: 3/7/02 ~ DATE~'~/~'/~7~/7 AVENUE STREET, UTILITY AND STREETSCAPING IMPROVEMENTS, City Projects 1999-12, 99-12A & 99-20 Background: The City Council previously awarded the final design services for Central Avenue Street and Utility Improvements to BRW at their February 28, 2000 regular meeting. The final design work, as identified in the Engineering Study, includes utilities: water main, sanitary sewer and storm sewer; and street reconstruction which includes center medians, concrete curb and gutter, pavement and sidewalks. On October 9, 2000, the Council authorized the final design of streetscaping by BRW which includes decorative street lights, colored and banded concrete sidewalk, trees and shrubs and decorative planters, trash receptacles, and benches. Plans are now complete and the Engineer's Estimate for all construction work is $3,839,000. Analysis/Conclusions: The City Council authorized the advertisement for bids for City Projects 1999-12 & 1999-12A at their January 14~, 2002 meeting. PROJECTS 99-12A separates out those project components that are proposed to be fully or partially assessed and include water services and streetscaping. Project 1999-20 is the University Avenue Backlit Street Signs that was previously bid and rejected and subsequently added to the Central Avenue plans. MnDOT will not allow cooperative projects to enter the bidding phase until the cooperative agreement has been prepared and approved by the local jurisdiction. Once that is complete, the project will be advertised and the public bidding process will be initiated. URS has provided all engineering study and design services on this project. Construction phase services consist of construction administration, construction staking, and fulltime on-site construction inspection. An attached letter from URS, dated February 8th, 2002 details the scope of work for the construction phase services. Based upon the f'mal plans, the engineer's estimate for construction costs is $3,839,000. Twelve percent of the construction cost or $460,680 was used in estimating the construction services phase services. The proposed contract is an actual cost not to exceed basis, which is typical for construction services. Staff is in agreement with a twelve percent estimate for this phase of the work as this is a complex project and cooperative construction projects do require more administrative work dealing with MnDOT. Based upon discussion at the March 4* Work Session, additional information is provided as follows: Proposed Multiplier Rate: URS has proposed a multiplier rate of 2.9 of actual hourly rates as shown on the 2002 Rate Schedule and detailed in a letter dated 3/6/02, attached. Staff has contacted three other consultant firms: SEH, BRA, RLK who use multiplier rates of 3.1, 2.9, 2.9, respectivley. In their March 6th letter, URS has offered to use a rate of 2.8. Staffhas also contacted other cities (Inver Grove Heights, Andover, So. St. Paul) that have recently completed cooperative projects for their experience in consultant costs as a percentage of construction costs. The range that is typical is 20-25% total, with costs as high as 31% in some cases. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 3/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen BY: CONSTRUCTION SERVICES WITH URS FOR CENTRAL DATE: 3/7/02 DATE: AVENUE STREET, UTILITY AND STREETSCAPING IMPROVEMENTS, City Projects 1999-12, 99-12A & 99-20 Continued - Page 2 Professional Services Agreement with URS for Central Ave. Recommended Motion: Move to accept the Professional Services Agreement with URS/BRW for Central Avenue Construction Services, Project(s) 1999-12, 1999-12A and 1999-20, in an amount not to exceed $460,680, and authorize the Mayor and City Manager to enter into an agreement for the same. Attachment: URS Letter dated 2/8/2002 URS Letter dated 3/6/2002 Professional Services Agreement 2002 Rates COUNCIL ACTION: February 8, 2002 Mr. Kevin Hansen, PE Public Works Director\ City Engineer City of Columbia Heights 637 - 38th Avenue N.E. Columbia Heights, MN 55421 RE: Proposal for Project Construction Phase Services Central Avenue (TH 65) Improvement Project and University Avenue Internally Lit Signs (City Project Nos. 99-12, 99-12A and 99-20) Dear Mr. Hansen: The following supplemental proposal is offered for your consideration for Construction Phase services for the above-referenced project. The Construction Phase services include construction administration, construction staking and full-time construction observation during construction of the project. A description of the proposed services is presented below: CONSTRUCTION PHASE SERVICES URS will provide construction administration, construction staking and full time construction observation during the construction phase of the project. URS will coordinate construction testing for the project. URS will prepare and provide the City with as-built drawings of the improvements after completion of construction. We assume that all construction testing will be performed by others and coordinated by URS. Testing fees will be invoiced directly to the City by the consultant performing the work. We propose to perform all construction services for the project on an hourly basis. We have estimated that the construction services portion of the project will cost $460,680. The construction phase fees have been estimated at approximately 12% of the current estimated construction cost for the project of approximately $3,839,000. Consistent with our Professional Services Agreement, labor will be billed on an hourly basis and reimbursable expenses will be billed to the City at cost with no URS markup. SUMMARY URS has previously provided preliminary and final design phase services for this project. The following is a summary of the fee estimates for previous phases of the project along with the estimated fees for the construction phase of the project. Thresher Square 700 Third Street South Minneapolis, MN 55415-1199 612.370.0700 Tel 612.370.1378 Fax Mr. Kevin Hansen February 8, 2002 Page 2 Preliminary Design Services Current Not-to-Exceed Amount $31,000 Final Design Services Current Not-to-Exceed Amount $348,050 Construction Phase Services Estimated Not-to-Exceed Amount $460,680 Total Estimated Cost - All Services $839,730 SCHEDULE We understand that project construction will begin in May or June of 2002 and be a one year construction project. Our estimated costs do not include additional time required to complete a two year project. Two original copies of a Professional Services Agreement for these services are attached for your review and approval. If this proposal is acceptable, please execute both copies of the Agreement and return one copy to us for our records. Please let me know if you have any questions or you need any additional information. Sincerely, URS Corporation Kevin P. Kielb, PE Associate Copy: Kim Schaffer/URS File 33910-004-1001 March 6, 2002 Mr. Kevin Hansen, PE Director of Public Works City of Columbia Heights 637 38~' Avenus NE Columbia Heights, MN 55421 Re: Central Avenue (T.H. 65) Improvement Project City Project 99-12 Dear Kevin: Several issues were raised at the March 4, 2002 workshop regarding Construction Services fees for the above referenced project. We have reviewed these issues and are providing the following additional information for consideration. Fees as a Percentage of Estimated Construction Cost The Central Avenue project is a complex project with coordination required with several different agencies. MnDOT coordination required a significant effort for plan review and revision work. The coordination effort is expected to result in a MnDOT cost sharing of approximately $1,300,000. This is above the standard contribution of $540,000 that MnDOT typically caps projects of this nature at. We have also coordinated the project with the City of Minneapolis and Anoka County to ensure that approval for the project was received from these agencies. Public involvement was also a significant portion of the project. Numerous meetings to inform the public of the project were held throughout the last four years. Both the agency involvement and the public involvement will be critical through the construction phase to ensure a successful project. URS has provided engineering services on numerous project of this scope and magnitude. Design fees have ranged from 8 percent to 15 percent, depending upon a number of variables including design issues and the amount of public and agency involvement. Construction services have ranged between 10 and 15 percent, depending on construction complexity. The average costs for design and construction services for these projects has consistently ranged from 21 to 25 percent, with some fees totaling as much as 29 percent. The projects were all located in the Metropolitan area and required a similar degree of agency and public involvement as the Central Avenue project. Our proposed fees for this project include design services of approximately 10 percent and proposed construction services of approximately 12 percent for a total fee of approximately 22 percent. The proposed fees appear to be about average when compared to similar projects of this nature. Thresher Square 700 Third Street South Minneapolis, MN 55415-1199 612.370.0700 Tel 612.370.1378 Fax Mr. Kevin Hansen, PE March 6, 2002 Page 2 URS Sala~ Multiplier The rates proposed for this project are based on a multiplier of 2.9 times the direct hourly salary rate of the employees performing services for the project. This is consistent with many of our continuing services agreements with other Metropolitan area communities.' MnDOT audits our overhead each year for work on state contracts. The most recent audited overhead rate for URS was approximately 1.5 times the employee salary rate. This means a multiplier of 2.5 (1.5 factor plus direct salary rate) is required for us to break even on a project. The consulting industry typically expects profits of between 10 and 15 percent for the services provided. Consistent with this range, we had previously proposed to use a multiplier of 2.9 for the project. Recognizing that the City is concerned with overall costs for the project, we would be willing to reduce the multiplier to 2.8 for the construction services for the project. .City Staff Inspector The City raised the potential for employing a staff inspector for the project. Our estimate includes a senior inspector for 2360 hours, including 600 overtime hours. We also included a junior inspector for 976 hours. The senior inspector that we propose to use for the project has over twenty years of experience in working on reconstruction projects of this nature. He has also been involved in the preparation of the project plans and has a familiarity of the work required. We would be willing to work with the City if they were able to obtain the services of an inspector of this caliber. Our administration fees may increase slightly as a result of having to familiarize the inspector with the project plans and project scope. If the City pursues this option URS recommends that the inspector should be employed immediately, as we are preparing to advertise the project within the next few weeks and will begin having construction meetings with utilities shortly thereafter. We recommend that the City only consider inspectors with a depth of experience in reconstruction projects within business districts. Our fees would be revised after meeting with the inspector in an attempt to determine the extent of our role on the project. If there are any questions or concerns, please call me at (612) 373-6506 or Jon Horn at (612) 373- 6396. Sincerely, BRW, Inc. Kevin P. Kielb, P.E. Project Engineer Enclosures CC: Jon Hom/BRW File 33943 016 2001 AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND URS CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES THIS IS AN AGREEMENT made as of March ,2002, between the City of Coldmbia Heights, a municipal corporation of the State of Minnesota ("CITY") with an office at 637 - 38t~ Avenue N.E. Columbia Heights, MN 55421, and URS Corporation, a Nevada corporation ("ENGINEER") with an office at 700 Third Street South, Minneapolis, MN, 55415. CITY intends to secure professional consulting engineering and/or land survey services for the Central Avenue (TH 65) Improvement Project and University Avenue Internally Lit Signs Project (City Project Nos. 99-12, 99-12A and 99-20) (referred to herein as the "Project"), subject to and according to the terms of this Agreement. Services shall commence upon ENGINEER's receipt of an executed copy of this Agreement from the CITY. CITY and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those services by CITY as set forth below. This Agreement will become effective on the date first above written. SECTION 1 - SERVICES OF ENGINEER 1.1 GENERAL ENGINEER shall provide for CITY professional services, either as Basic or Additional Services, in the Construction phase of the Project to which this Agreement applies as hereinafter provided. The services will include serving as CITY's professional engineering representative for the Project, providing engineering consultation and advice and furnishing customary general municipal engineering, land surveying, wetlands and drainage, geotechnical, and traffic and transportation engineering and other engineering services thereto. ENGINEER is an independent provider of professional engineering and/or land surveying services, responsible for the means and methods used in performing ENGINEER's services pursuant to this Agreement. A detailed scope of work, estimated cost and schedule for the services to be performed under this agreement are detailed in the attached letter proposal dated February 8, 2002. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 PROFESSIONAL SURVEY SERVICES 2.1.1 When providing construction staking services, ENGINEER shall set one set of stakes only for each task. Any re-staking or staking for tasks or areas not identified in the Agreement shall be performed as an Additional Service. Re-staking or additional staking will only commence when requested by CITY. 2.1.2 ENGINEER assumes no liability or responsibility for the disturbance of any stakes subsequent to the survey crew leaving the work site or where insufficient original stakes remain to be used in verifying the staking. 2.2 CONSTRUCTION PHASE During the Construction Phase, CITY may authorize ENGINEER to perfor~n one or more of the following services: 2.2.1 General Adm#dstration of Constrttction Contract. ENGINEER shall consult with and advise CITY and act as CITY's representative. All of CITY's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent provided in IJRS's General Conditions to the Construction Contract except as otherwise provided in writing. URS's General Conditions to the Construction CONSTRUCTION_COLUMBIA HEIGHTS. DOC 1 March 1, 2002 Contract shall not be modified except to the extent provided in any Supplemental Agreement without the written agreement of the ENGINEER. 2.2.2 Visits to Site and Observation of Construction. In connection with observations of the work of Contractor(s) while it is in progress: 2.2.2.1 ENGINEER shall make visits to the site at intervals appropriate to th~ various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work. In addition, if requested by CITY, ENGINEER shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist ENGINEER and to provide more continuous observation of such work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep CITY informed of the progress of the work. 2.2.2.2. The Resident Project Representative (and any assistants) will be ENGINEER's agent or employee and under ENGINEER's supervision. The duties and responsibilities of the Resident Project Representative (and assistants) are set forth in Exhibit A, "Duties, Responsibilities and Limitations of Authority of the Resident Project Representative". 2.2.2.3 The purpose of ENGINEER's visits to the site and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for CITY a greater degree of confidence that the completed work of Contractor(s) will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other hand, ENGINEER shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have control over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of constrtlction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s)' furnishing and performing the work. Accordingly, ENGINEER neither guarantees the performance of any Contractor(s) nor assumes responsibility for any Contractor(s)' failure to furnish and perform its work in accordance with the Contract Documents. 2.2.3 If ENGINEER observes or otherwise becomes aware of defects or deficiencies in the work, or nonconformance to the Contract Documents, ENGINEER shall promptly give written notice thereof to CITY. 2.2.4 Defective Work. During such visits and on the basis of such observations, ENGINEER may disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as indicated in the Contract Documents. 2.2.5 Clari. ficatiotts a,d lt;terpretatio~ts ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents and in connection therewith prepare work directive changes and change orders as required for CITY's approval. 2.2.6 Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which Contractor(s) is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 2 March 1, 2002 2.2.7 Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor(s), but subject to the provisions of paragraph 2.2.8 Inspections and Tests. ENGINEER shall have the authority, as CITY's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Document (but only to determine generally that their content complies with the requirements of, and the results' certified indicate compliance with, the Contract Documents). ENGINEER shall be entitled to rely on the results of such tests. 2.2.9 Disputes between CITY and Contractor(s). ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of CITY and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. ENGINEER shall respond to all written claims submitted by Contractor(s) in a timely fashion. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 2.2.10 Applications for Payment. Based on ENGINEER's on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 2.2.11 Contractor(s)' Completion Documents. ENGINEER shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, test and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals the results certified indicate compliance with, the Contract Documents); and shall transmit them to CITY with written comments. 2.2.12 Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially complete and a f'mal inspection to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor(s) and give written notice to CITY and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 3.4.10. 2.2.13 As-Built Drawings. Upon completion of the Construction Phase, ENGINEER shall prepare a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) and such records maintained by ENGINEER during the Construction Phase. ENGINEER will not be responsible for any errors or omissions in the information provided by Contractor(s) that is incorporated in the record drawings and record documents. Final payment to ENGINEER will be made only after record drawings are received by CITY. 2.2.14 Lbnitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor(s), or of any subcontractor or supplier, or an of the Contractor(s)' or subcontractors' or suppliers' agents or employees of any other persons (except ENGINEER's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 3.4. I through 3.4.7 inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 2.3 REQUIRED ADDITIONAL SERVICES As circumstances may require during the Construction Phase, and when required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall furnish or obtain from others without waiting for specific authorization for CITY, Additional Services of the types listed in paragraphs 2.3.1 through 2.3.6, inclusive. These services are not included as part of Basic Services except to the extent provided otherwise by the CONSTRUCTION_COLUMBIA HEIGHTS. DOC 3 March 1, 2002 Agreement. ENGINEER shall advise CITY promptly after starting any such Additional Services which will be paid for by CITY as indicated in Section 5. 2.3.1 Services in connection with work directive changes and change orders to reflect changes requested by CITY if the resulting change in compensation for Basic Services is not commensurate with the Additional Services rendered. 2.3.2 Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the award to each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 2.3.4 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor(s), (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor(s). 2.3.5 Services in connection with any partial use of any part of the Project by CITY prior to Substantial Completion. 2.3.6 Evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. SECTION 3 - CITY'S RESPONSIBILITIES CITY shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1 Designate in writing a person to act as CITY's representative with respect to the services to be rendered under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to ENGINEER's services for the Project. 3.2 Provide criteria and information as to CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which CITY will require to be included in the Drawings and Specifications. 3.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 3.4 Furnish to ENGINEER, as required for performance of ENGhNEER's Basic Services except to the extent provided otherwise as indicated in the Agreement, the following: 3.4.1 Data prepared by or services of others, including without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 3.4.2 Appropriate professional interpretations of all of the foregoing; 3.4.3 Environmental assessments and impact statements; CONSTRUCTION_COLUMBIA HEIGHTS. DOC 4 March I, 2002 3.4.4 Property, boundary, easement, right-of-way, topographic and utility surveys; 3.4.5 Property descriptions; 3.4.6 Zoning, deed and other land use restrictions; and 3.4.7 Other special data or consultations not covered in Section 2. CITY shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of ali reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data and information in performing or furnishing services under this Agreement. 3.5 Provide engineering surveys, or authorize ENGINEER to establish reference points for construction to enable Contractor(s) to proceed with the layout of the work. 3.6 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 3.7 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER. Obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.9 Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CITY may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CITY may require to ascertain how and for what purpose any Contractor(s) has used the monies paid under the construction contract, and such inspection services as CITY may require to ascertain that Contractor(s) are complying with any law, rule, regulations, ordinance, code or order applicable to their furnishing and performing the work. 3.10 If CITY designates a person to represent CITY at the site who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11 If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 3.12 Furnish to ENGINEER data or estimated figures as to CITY's anticipated costs for services to be provided by others for CITY (such as services pursuant to paragraphs 3.7 through 3.11, inclusive) so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 3.13 Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings and Substantial Completion and final payment inspections. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 5 March 1, 2002 3.14 Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance in the work of any Contractor(s). 3.15 Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.3 of this Agreement or other services as required. 3.16 Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIODS OF SERVICES The provisions of this Section 4 and the various rates of compensation for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. 4.1 ENGINEER's Basic Services for each phase, shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by CITY, or (2) thirty (30) days after the date when such submissions are delivered to CITY for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.2. If CITY has request for significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted accordingly. 4.3. If ENGINEER's services during construction of the Project are delayed or suspended in whole or in part by CITY for more than three (3) months for reasons beyond ENGINEER's control, ENGINEER shall on written demand to CITY (but without termination of this Agreement) be paid as provided in paragraph 5.2. If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substantial Completion is achieved under that Project, the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. SECTION 5 - PAYMENTS TO ENGINEER 5.1 GENERAL 5.1.1 For Basic and Additional Services provided by independent professional associates and consultants retained by ENGhYEER, CITY shall pay ENGINEER the amount billed to ENGINEER therefor times a factor of 1.0, unless otherwise agreed in this Agreement. 5.1.2 For reimbursable expenses, CITY shall pay ENGINEER the amount billed to ENGINEER therefor times a factor of 1.0, unless otherwise agreed in this Agreement. 5.2 METHODS OF PAYMENT FOR BASIC SERVICES OF ENGINEER 5.2.1 For Basic Services CITY shall pay ENGINEER on the basis of Engineer's Hourly Costs, attached hereto as Exhibit B, "URS's Hourly Costs" plus reimbursable expenses. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 6 March 1, 2002 $.3 METHODS OF PAYMENT FOR ADDITIONAL SERVICES OF ENGINEER For Additional Services City shall pay ENGINEER on the basis of ENGINEER's Hourly Costs, attached hereto as Exhibit B, "URS's Hourly Costs" plus reimbursable expenses. 5.4 TIMES OF PAYMENTS 5.4.1 ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. CITY shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.5 OTHER PROVISIONS CONCERNING PAYMENTS 5.5.1 If CITY fails to make any payment due ENGINEER for services and expenses within thirty (30) days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of one percent (1%) per month from said thirtieth day, and in addition, ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.5.2 In the event of termination by CITY under paragraph 8.1 upon the completion of any phase of Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by CITY during any phase of the Basic Services, ENGINEER will be paid for services actually and necessarily rendered during that phase by ENGINEER's employees and principals directly engaged on the Project, on the basis of ENGINEER's Hourly Costs stated in Exhibit B to the date of termination. 5.5.3 In the event of any such termination, ENGINEER will also be reimbursed for the reasonable charges of independent professional associates and consultants retained by ENGINEER to render such services, and paid for all unpaid Basic and Additional Services, Reimbursable Expenses, plus reasonable termination expenses. Termination expenses are additional Reimbursable Expenses directly attributable to termination, which if termination is at CITY's convenience, shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination, as follows: 5.5.4 Records of ENGINEER's Hourly Costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting principles. Copies will be made available to CITY at cost on request prior to final payment for ENGINEER's services. 5.5.5 Whenever a factor is applied to Hourly Costs in determining compensation payable to ENGINEER that factor will be adjusted annually and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. 5.6 DEFINITIONS 5.6.1 The Hourly Costs used as a basis for payment means salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation ad holiday and other group benefits. For the purposes of this Agreement, ENGINEER's Hourly Costs are as shown on Exhibit B. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 7 March 1, 2002 5.6.2 Reimbursable Expenses means the actual reasonable expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Section 1; and, if authorized in advance by CITY, overtime work requiring higher than regular rates. SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST 6.1 CONSTRUCTION COST The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to CITY of those portions of the entire Project designed and specified by ENGINEER, but it will not include indirect costs such as ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to properties unless so specified in this Agreement, nor will it include CITY's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to CITY pursuant to paragraphs 3.7 through 3.11, inclusive. 6.2 OPINIONS OF COST 6.2.1 Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase, CITY wishes greater assurance as to Total Project or Construction Costs, CITY shall employ an independent cost estimator. 6.2.2 If a Construction Cost limit is established in this Agreement between CITY and ENGINEER, the following will apply: 6.2.2.1 The acceptance by CITY at any time during the Basic Services or Additional Services ora revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. 6.2.2.2 Any Construction Cost so established will include a contingency of ten percent (10%) unless another amount is agreed upon in writing. 6.2.2.3 ENGINEER will be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost limit. 6.2.2.4 If the Bidding or Negotiating Phase has not commenced within six (6) months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and CITY shall consent to an adjustment in such cost limit commensurate with an applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 8 March 1, 2002 6.2.2.5 If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, CITY shall (1) give written approval to increase the cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of (3), ENGINEER shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limits. In lieu of other compensation for services in making such modifications, CITY shall pay ENGINEER, ENGINEER's cost of such services, all overhead expenses reasbhably related thereto and Reimbursable Expenses, but without profit to ENGINEER on account of such services. The providing of such services will be the limit of ENGINEER's responsibility in this regard and, having done so, ENGINEER shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable to damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. SECTION 7 - STANDARD OF CARE . , The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. SECTION 8 - GENERAL CONDITIONS 8.1 TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon two days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 8.2 REUSE OF DOCUMENTS 8.2.1 All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project, and the CITY will be provided with original record drawing copies for information and reference in connection with the use and occupancy of the by CITY and others; however, such documents are not intended or represented to be suitable for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and CITY shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates or consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. CITY understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware, which may become unavailable over time. 8.2.2 When requested by CITY, ENGINEER shall provide relevant analyses, findings, reports and construction documents (plans, specifications and estimates) in "hard" copy, and in electronic form, where the Project necessitates the use of CADD materials. The parties agree that the "hard" copy shall govern in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. 8.2.2.1 The CITY shall be afforded a period of thirty (30) days in which to check the hard copy against the electronic media. In the event that an error or inconsistency is found as a result of this process, the ENGINEER shall be advised and the inconsistency sba!! be corrected at no additional cost to the CITY. Following the expiration of this thirty-day period, the CITY shall bear all responsibility for the care, CONSTRUCTION_COLUMBIA HEIGHTS. DOC 9 March 1, 2002 custody and control of the electronic media. In addition, the CITY represents that it shall retain the necessary mechanisms to read the electronic media, which the CITY acknowledges to be of only limited duration. All title blocks and the engineer's seal, if applicable, shall be removed if and when the CITY provides the subject CADD drawings/electronic media to any other entity. The CITY agrees not to alter any such information provided by ENGINEER, nor shall it use such information for any purpose or project other than that intended by this Agreement. 8.3 INSURANCE 8.3.1 ENGINEER shall procure and maintain such insurance as will protect ENGINEER from claims under the Workers' Compensation Act. 8.3.2 ENGINEER shall secure and maintain a Professional Liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the CITY, in the insured's capacity as ENGINEER, if such legal liability is caused by an error, omission or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $250,000; and shall state that such insurance cannot be canceled until thirty (30) days after the CITY has received written notice (upon request) of the insurer's intention to cancel this insurance. 8.3.3 ENGINEER shall procure and maintain General Liability insurance as will protect ENGINEER from claims for bodily injury, death and property damage in an annual aggregate of $1,000,000 with coverage for each occurrence of $1,000,000. CITY shall be named as an additional insured on such policy. 8.3.4 Before commencing its services, ENGINEER shall provide CITY certificates of' insurance evidencing the required insurance coverage in a form acceptable to CITY. 8.3.5 At any time CITY may request that ENGINEER, at CITY's sole expense, provide additional insurance coverage, different limits or revised deductibles in excess of those specified above. If so requested by CITY, and if commercially available, ENGINEER shall obtain and shall require ENGINEER's independent professional associates and consultants to obtain such additional insurance coverage, different limits or revised deductibles, for such periods of time as requested by CITY, and this Agreement will be supplemented to incorporate these requirements. 8.4 INDEMNIFICATION 8.4.1 ENGINEER agrees, to the fullest extent permitted by law, to indemnify and hold harmless CITY, its officers, employees and agents from any claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) to the extent caused by the negligent acts, errors or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, agents and ENGINEER's independent professional associates and consultants in the performance and furnishing of ENGINEER's services under this Agreement. 8.4.2 To the fullest extent permitted by law, CITY shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, partners, employees and agents and ENGINEER's independent professional associates and consultants from and against any and ali claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) to the extent caused by the negligent acts or omissions of CITY or CITY's officers, employees, agents and CITY's consultants with respect to this Agreement. 8.5 CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 10 March 1, 2002 8.6 SUCCESSORS AND ASSIGNS 8.6.1 CITY and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of CITY and ENGINEER (and to the extent permitted by paragraph 8.6.2 the assigns of CITY and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. ' ' 8.6.2 Neither CITY nor ENGINEER may assign, sublet or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 8.6.3 Nothing in this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CITY and ENGINEER, and alt duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CITY and ENGINEER and not for the benefit of any other party. 8.7 COPYRIGHT ENGINEER shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, Drawings or Specifications supplied by it, and it shall hold harmless the CITY from losses or damages resulting therefrom. 8.8 DISPUTE RESOLUTION 8.8.1 CITY and ENGINEER agree to negotiate in good faith for a period of thirty days from the date of notice of all disputes between them prior to exercising their rights under other provisions of this Agreement, or under law. The parties agree that all disputes remaining unresolved after thirty days will be submitted to a mutually agreeable neutral mediator, as a condition precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apportioned equally between the parties. CITY and ENGINEER further agree to consider including a similar mediation provision in all agreements with independent contractors and consultants regained for the Project and to require all independent contractors and consultants also to include a similar provision in all agreements with subcontractors, subconsultants, suppliers, or fabricators so retained. 8.8.2 Claims not resolve~t by nonbinding mediation or another form of alternative dispute resolution, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 8.8.3 and 8.8.4 below. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 8.8 will be specifically enforceable under the laws of the State of Minnesota. 8.8.3 Notice of demand for arbitration must be filed in writing 'with the other party to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen and mediation as set forth in 8.8.1 has failed. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. CONSTRUCTION_COLUMBIA HEIGHTS. DOC 11 March 1, 2002 8.8.4 All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy alleged by the party making such demand or answering statement is not more than $50,000 (exclusive of interest and costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary award in response thereto against any party which totals more than $50,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial or their own jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or other matter is more than $50,000 (exclusive of interest and costs). 8.8.5 No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement. 8.8.6 By written consent signed by all the parties to this Agreement and containing a specific reference thereto, the limitations and restrictions contained in paragraphs 8.8.4 and 8.8.5 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect to a specifically described claim, counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $50,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 8.8.7 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and I l of the Federal 3a'bitration Act (9 U.S.C. **10, 11). 8.9 NOTICES Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the first page of this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 8.10 SURVIVAL All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services of ENGINEER under this Agreement or the termination of this Agreement for any reason. 8.11 ENFORCEABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and ali remaining provisions shall continue to be valid and binding upon CITY and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.12 EXHIBITS 8.12.1 The following exhibits are attached to and made a part of this Agreement: 8.12.1.1 Exhibit A, "Duties, Responsibilities and Limitations of Authority of the Resident Project Representative". 8.12.1.2 Exhibit B, "URS's Hourly Costs" CONSTRUCTION_COLUMBIA HEIGHTS. DOC 12 March 1, 2002 8.12.1.3 February 8, 2002 Letter Proposal 8.12.2 This Agreement (consisting of pages I to 13 inclusive and the Exhibits identified above) constitutes the entire agreement between CITY and ENGINEER and supersedes all prior written or oral understandings. This A~eement may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. CITY OF COLUMBIA HEIGHTS URS CORPORATION By: By: Title: Title: Date: Date: By: Title: Date: CONSTRUCTION_COLUMBIA HEIGHTS. DOC 13 March I, 2002 EXHIBIT B URS'S HOURLY COSTS The following schedule of Hourly Costs illustrates the ranges of costs per typical employee classification. The actual hourly rate that the City will pay is dependent upon the actual employees performing services on the Project. · ' Actual hourly rates shall be determined based upon the hourly salary rate for each employee times a factor of 2.9. 2002 Hourly Rate Range Employee Classification Low High Principal $150.00 $175.00 Vice President $110.00 $165.00 Senior Associate $95.00 $140.00 Associate $80.00 $120.00 Senior Consultant $70.00 $110.00 Consultant II $60.00 $85.00 Consultant I $50.00 $70.00 Staff Level 5 $70.00 $100.00 Staff Level 4 $60.00 $80.00 Staff Level 3 $50.00 $65.00 Staff Level 2 $30.00 $50.00 Staff Level 1 $25.00 $40.00 CONSTRUCTION_COLUMBIA HEIGHTS. DOC Exhibit B - I March 1, 2002 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS HUMAN SERVICES COMMISSION MINUTES WEDNESDAY, FEBRUARY 20, 2002 Call to Order/Roll Call The meeting was called to order at 6:30 p.m. by Chairperson Sturdevant. Present were Commission members Sturdevant and Leishman. Also present were Councilmember Wyckoff and Assistant to the City Manager Magee. Magee indicated she received notification from Karol that she would be unable to attend. Barb Warren of Values First arrived at 6:50 p.m. Appoint recording Secretary for Meeting. Magee volunteered to take minutes of the meeting. Approval of Minutes from January 9, 2002 Commission Meeting Motion by Sturdevant, second by Leishman, to approve the minutes of the January 9, 2002 Commission meeting. Upon roll call: All ayes. Motion carded. Old Business a. Second Annual Taste of Heights Six restaurants submitted applications: Dragon House, E1 Tequila, Udupi Caf6, Olive Tree, E1 Bustan, and Sahib's. The Commission accepted all restaurants, as they fit with the theme of the event and there would be enough space. Judy Yantos is taking care of entertainment. Thus far, a Hmong family who lives in the Heights will be doing a dance, and the exhibits will be: Sister Cities, NEI's ESL Program, High School's Multi Cultural Club, and Values First. · It was the feeling of the Commission that the exhibits could be in a separate room, not the main hall where the restaurants would be. · The Recreation Commission will be acting on the Commission's request for waiving the fees for Murzyn Hall for the event. Magee distributed a memo fi.om the Finance Director regarding the Taste of Heights. After reviewing the memo and much discussion, it was decided to not have advance ticket sales. Rather, two change boxes will be available for use at the event so there can be two ticket lines, if needed. Also, Magee will talk to the City Manager to see how we could ensure that the City's liability insurance covers the event. o o Lion's Club will sell pop for $.25 a cup. Water will be available at a table in an area of the hall, where a volunteer will serve it. · Publicity material will indicate: Food Tickets Sold at the Door - $2.00 each. One (1) food ticket = One (1) restaurant sample. · Taste of Heights will be advertised on the City website, Cable TV show, and through press releases. Julienne will take care of these. b. Other Old Business - none New Business a. Future Meeting Dates The next meeting will be May 8, 2002 at 6:30 p.m. The Commission will review, nominate, and select a Humanitarian of the Year. Magee will put together the nomination form and publicize solicitation of nominations by the end of March or early April. b. Other New Business - none Adjournment Motion by Sturdevant, second by Leishman, to adjourn the meeting at 7:45 p.m. Upon vote: All ayes. Motion carried. Respectfully submitted, ~is~ id~t anM~tgoe ~h e Ci t y~ THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, FEBRUARY 21, 2002 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Council Representative: City Representative: Legal Counsel: AT & T Broadband Rep: These minutes not approved. Dennis Stroik, Dave Mahoney, Bob Buboltz, Ken Henke, Brad Peterson, Dan Swee, and Reuben Ruen Bruce Nawrocki Linda Magee Stephen Guzzetta Kathi Donnelly-Cohen and Dave Seykora APPROVAL OF MINUTES Motion by Ken Henke, second by Brad Peterson, to approve the minutes from the meeting of December 20, 2001. All ayes. OLD BUSINESS A. Channel Check The message bars were still quivering on some of the access channels. This is due to a problem with the time base correcter. Kathi made note of it. And there was very low volume on channel 98. B. Correspondence Log and Complaint Follow Up. There were no complaints received by the City since the last meeting C. Report on Review of Forms 1205 & 1240 for Rate Increases Effective July 2001 Steve Guzzetta, legal counsel, explained that Review of Forms 1205 & 1240 was performed by Ashpaugh and Sculco, CPA's, PLC (A & S). FCC rules place the burden on AT & T to prove that its proposed rates for equipment, installation, and for basic service are reasonable under applicable federal law and regulations. The City provided AT & T with ample opportunity to provide necessary support of its rates. And based on the analysis by A & S of the information provided, the City found reason to possibly order AT & T to reduce it rates and provide refimds. There were some issues that A & S had that were detailed in Attachment 1 enclosed in the agenda packets. Some of the discrepancies were due to the fact that the calculations were based on National figures, not based on local figures. It was difficult to compare rates since it was originally set up using local costs for equipment and cost of service. AT & T disagreed with A & S findings. Steve then explained that the case would most likely end up going to the FCC for them to decide, which could take up to three years to decide, which would incur high legal expenses. To avoid expensive litigation and to protect subscribers, legal counsel and AT & T representatives met with A & S personnel in Florida to see if a compromise could be reached. February 21, 2002 Meeting Page 2 Do Eo AT & T basically agreed to the adjustments we thought should be made to Form 1240 and will incorporate these adjustments into their next filing of March 2002, which will mean a lesser increase than what had been planned or allowed. Regarding Form 1205, the major issue was unbundling the actual costs. In negotiating a compromise, it was noted the maximum permitted rate for converter boxes was $6.60/month and the company has recently been charging $3.30/month. AT & T agreed to limit the charge for converter boxes to the average amount charged nationwide (currently $4.23/month) and to hold this amount until June 2003, rather than to charge the maximum amount permitted of $6.60/month. These details will be put in a memorandum of understanding agreement by AT & T. Steve stated this is only a temporary solution and that these issues will need to be addressed again in the future. But for now, we have held down increases to a minimal amount for the next year. He recommended the Commission and City Council pass the Resolutions that were distributed at the meeting which detailed the terms agreed to. There was some discussion regarding past rates and equipment charges. It was noted that so far, rates are not being restrained by competition in this industry. And as the franchising body, we can only review the rates to see if they are within the parameters allowed by law, we cannot reduce the rates to a level we feel is fair based on costs. Motion by Ken Henke, seconded by Bob Buboltz, to recommend the City Council pass the Resolutions distributed at the meeting, which include adjustments agreed to that will be detailed in a memorandum of understanding, regarding the maximum permitted rates for equipment and installation set forth in Form 1205, and the maximum permitted rates for basic programming set forth in Form 1240 submitted March 1, 2001. All ayes. Summary Regarding Fiber Optic Line in Central Avenue A summary of the information and discussions that have taken place regarding a Fiber Optic Line in Central Avenue was enclosed in the agenda packet for the commission members to review. Other Old Business There was no other new business. NEW BUSINESS A. Annual Privacy Notice To comply with fi'anchise requirements and applicable laws under the FCC, AT & T sent out an Annual Privacy Notice to all customers. A copy of the notice was included in the agenda packets. B. Franchise Fees for 3rd and 4th Quarters-2001 Copies of the franchise fees received for 3rd and 4th quarter-2001 were included in the agenda packets for the commission members to review. February 21, 2002 Meeting Page 3 Co REPORTS mo Notice of Domain Name Change A notice was received in January explaining that all previously used e-mail addresses using mediaone and attbroadband as part of the e-mail account name will be changed to the new domain name of ~attbi.com Current subscribers and others who will be affected by this change have been notified by both e-mail messages and the US Mail. Notice of Proof of Performance Testing Notice was received in January that AT & T would be conducting semi-annual proof of performance testing in February. This testing could cause very short (less than 30 second) interruptions in service on a few channels. Other New Business Reuben reported that he has been having trouble with his internet access. It randomly goes out and takes several minutes before coming back online. Kathi told him to call Convergis to report this. Bruce Nawrocki questioned programming on Channels 15 & 16 (Public Access and Government Access). He felt there were programming lapses on both channels and that much of the programming was duplicated. He thought maybe the two channels could be combined. Steve said it would not lower rates to consolidate the two channels as the space is reserved by franchise requirements. There was a discussion on the possible problems that could be encountered by airing controversial programming that might be construed as sanctioned by local government. Kathi explained that another option would be to let either Blaine or Roseville program the Public Access channel. It is something that can be discussed and changed upon the renewal of our franchise. Report of Commissioners Educational-Jean asked Dennis to check with the School District's Media Coordinator to see why teachers were not aware of the video equipment that was available to staff and students. It was noted there is a camcorder available at every school and this fact was not widely understood. Teachers are to be informed again that the equipment is available and so is the training on how to use it. Steve Guzzetta reported that Columbia Heights School District did apply for some funding for equipment to the Universal Library Association Committee that he is a member of. He stated that their request was denied this year, but hopes they will apply again. Grants are distributed on an annual basis, and not all of them can be accommodated at one time. Government- Nothing to report Library-Nothing to report Public-Nothing to report February 21, 2002 Meeting Page 4 Report of AT & T Broadband- The reports for January were enclosed in the agenda packets. Also included were the Community Television Programming Reports for October 2001-January 2002. Kathi reviewed the reports and answered questions. She also stated that a full report of the telephone answering standards had been given to legal counsel for 3rd quarter to insure compliance. Report of the Cable Attorney Steve reported on a couple of issues. The first being the FCC issued an order that DSL be considered an information service, which makes it a service that cannot be regulated by municipalities. Cable Modem Service will also be considered an information service. Second, the 394 Forms will be sent to the City shortly seekingapproval of the merger of AT & T and Comcast. And last, an article in the February 11th edition of Cable World, mentions the Creighton, Bradley, and Guzzetta law firm as handling the complex litigation and legal issues in this latest merger of AT & T and Comcast. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by Ken Henke, second by Bob Buboltz, to adjourn the meeting at 8:15 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary THESE MINUTES HAVE ,.. APPROVED NOT B City of Columbia Heights Park and Recreation Commission February 27, 2002 The meeting was called to order by Eileen Evans at 6:36 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Scott Niemeyer; Gary Peterson; Kevin Hansen, Public Works Director/City Engineer Members absent: Gary Mayer; Bill Peterson; Keith Windschitl, Recreation Director Also present: Karen Moeller APPROVAL CONSENT AGENDA: Motion to approve consent agenda by Foss; second by Niemeyer. All ayes, motion carried. LETTERS AND REQUESTS: Commission Chairperson, Eileen Evans, discussed the request for fees to be waived for the 2na annual Taste of Columbia Heights to be held at JPM on Sunday, March 24, 2002. Mayor, Gary Peterson stated that the City Council has decided to make the Taste of Columbia Heights a city function. Motion by Greenhalgh, second by Evans to waive the hall rental fee of $580, the $40 entry fee and fee of $15 per hour. All ayes, motion camed. OLD BUSINESS: Public Works Director/City Engineer, Kevin Hansen, reviewed the bids for the resurfacing of the Sullivan Lake Park tennis courts with the Commission Members. He informed the Commission Members that the current tennis court has a dark green center with a red surround while many other communities have a light green/dark green color scheme. The Commission Members felt that changing the red surround to light green would be beneficial. Motion by Foss, second by Greenhalgh to present the low bid for the Sullivan Lake Park tennis courts to the City Council. All ayes, motion carried. Public Works Director/City Engineer, Kevin Hansen, discussed the Federal Government's Urban Park and Recreation Recovery Matching Grant Program possibilities to the Commission Members. He stated that the grant has been primarily awarded to inner cities. He will begin the basic ten step planning process to see if Columbia Heights will be eligible for this grant. PAGE TWO NEW BUSINESS: Commission Chairperson, Eileen Evans, discussed with the Commission the City of Columbia Heights insurance company's request to have a legal agreement with various requirements to provide liquor services at Murzyn Hall. Motion by Foss, second by Niemeyer to present to the City Council the Contract for Services between the Columbia Heights Lion's Club and the City of Columbia Heights. All ayes, motion carried. REPORTS: Commission Chairperson, Eileen Evans, informed the Commission Members that Laura Zagaros would be having a spaghetti fundraiser for her son on April 3, 2002. Laura Zagaros put in a letter of request at the January 23, 2002 Park & Recreation Commission Meeting asking fees to be waived/reduced for a spaghetti fundraiser. Commission Chairperson, Eileen Evans, stated that Laura Zagaros is holding this event with three other families whose children will be going to Australia this summer. Commission Chairperson, Eileen Evans, asked Commission Member, Tom Greenhalgh, if he' s been contacted by Laura Zagaros to participate in this event. He has not been contacted but he would be interested in joining the other families for this event. Commission Chairperson, Eileen Evans, reported to the Commission that she was given information from Recreation Director, Keith Windschitl, pertaining to the national softball qualifier. Senior Coordinator, Karen Moeller, clarified the details regarding the national softball qualifier. The qualifier has been moved up one week due to the world qualifier being held at B-Bops in Blaine the weekend of the Columbia Heights Jamboree. That is traditionally the week Columbia Heights hosts the national qualifier. There will be a local softball tournament held the weekend of the Columbia Heights Jamboree. Commission Chairperson, Eileen Evans, stated that the Southern Anoka County Chamber would like to have a fundraiser in conjunction with the Columbia Heights Jamboree. Mayor, Gary Peterson, stated that the Southern Anoka County Chamber, along with Kuether Distributing, would be willing to bring in a national band to play during the Columbia Heights Jamboree on Saturday, June 29, 2002. Another option is to have three bands play throughout the day. There would be a need for additional security and trash bins. The Columbia Heights Lion's are in support of this event. The City of Columbia Heights would like to keep the attendance around 2000 people. The City of Fridley was to hold a similar event last summer but cancelled at the last minute. Details for this event are not finalized at the present time. PAGE THREE Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that the parade would have a new route for the 2002 Columbia Heights Jamboree. Central Avenue will be under construction from 37th Avenue to 43rd Avenue beginning in June. The project should be completed by November. The exact route of the parade is undetermined at this time. Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that the attendance for the skating rinks this year has been minimal due to the warm winter; however, during the two-week period of snowy weather, the skating rinks were used. Mayor, Gary Peterson, informed the Commission Members that Lomianki South is property of the City of Columbia Heights and the possibilities to market this property are under discussion. There is a proposal for 25 town homes for this property. No decision has been made at this time. ADJOURNMENT Meeting adjourned at 7:36 p.m. Tina Foss, Park and Recreation Commission Secretary