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HomeMy WebLinkAboutJune 21, 2005 Work Session 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ollr Website at: Yi.'ww.ci.collllllbia-heights./11n.lls Mavor Gwy 1. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Citv ManaQer Walt Fehst CITY OF COLUMBIA HEIGHTS ADMIN/STRA T/ON NOTICE OF CITY COUNCIL MEETING ************ to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL TUESDAY, JUNE 21, 2005 7:00 P.M. CONFERENCE ROOM 1 WORK SESSION AGENDA Consent: 1. Ordinance change regarding recreational fires 2. Purchase of 800 MHz radios - Homeland Security Grant Discussion: 1. Heritage Heights neighborhood 2. City Code 3. No Fault Sewer Backup Insurance 4. Capital Equipment replacement of 1987 sewer rodding machine and 1 ton chassis 5. Appraisals of 50th and Central - Authorization to secure the property 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 handtapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Q.,( CITY COUNCIL LETTER Meeting of: June 27, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: FIRST READING OF ORD #1489 AMENDING ORD #853, CITY CODE 1977, PERTAINING TO AIR QUALITY STANDARDS. BY: Gary Gorman BY: / ~{/+#: l ,!($d"@tJ DATE:/bi _ /1'1//> DATE: June 16,2005 NO: All open fires in Columbia Heights are prohibited unless it meets the criteria of a permitted fire by this Ordinance. The Ordinance has been updated to allow fees to be charged for fire permits. Currently, only the festival bonfire permit has language that would allow us to charge a permit fee. Recreational fire permits are the most common permits requested. In 2003, recreational fire annual permits were initiated to eliminate the need for a new permit every time a resident wa..l1ted a fire. In 2003,221 a..l1llual permits were given out. In 2004 the number rose to 270 permits. Through June 13,2005, 184 permits have been given out. Annual permits are valid through December 31 of the year issued. Due to the large number of permits requested and staff time to issue them, it is our intent to charge a fee for annual recreational permits, along with bonfire permits and open burn permits. It is not our intent to charge a fee for the one- day only recreational fire permit. Permit fees will not start until January 1, 2006 and will be set by a separate Resolution. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1489, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish the second reading of Ordinance #1489 pertaining to Air Quality Standards for Monday, July 11, beginning at approximately 7:00 p.m. in the City Council Chambers. CITY COUNCIL ACTION: ORDINANCE NO. 1489 BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS The City of Columbia Heights does ordain: Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which cUlTently reads as follows, to-wit: 8.402(1) Open Fire Burning. No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a structure or container, or in a firebox, which is designed to control and contain a fire, if the products or combustion create a visual, or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit, "recreation fires", yv;ithout charge, provided the resident first provides notice to the Fire Department of its intent to have a"recreation fire and there is no violation of the City's Air Quality Standards. A "recreation f ire means a fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is clear of readily combustible materials for a distance of five (5) feet from the base of the fire, there is a readily available and operable fire extinguishing device, and there is a responsible adult in continuous supervision at the fire. Violation of these "permission" requirements shall constitute a misdemeanor under the City code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department persollilel and equipment, approving the locati91l9fth~bonfire, ..il11d the presence of adult supervisors. The Fire Department is .quthorized tochqrg?th?permittgefqract~l{Jl?xp€m$?S incurred in the monitoring of thepei'rfiitte ciJire. The Fire Department is authorized to permit an open burn oftimber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Department Training. The Fire Department is authorized to conduct live fire training exercises, which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect fromancl after the elate of its passage andpublication. IS HEREWITH AMENDED TO READ AS FOLLOWS 8.402(1) Open Fire Burning. No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a structure or container, or in a firebox, which is designed to control and contain a fire, ifthe products or combustion create a visual, or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit, "recreation fires" provided the resident first provides notice to the Fire Department of its intent to have a recreation fire and there is no violation of the City's Air Quality Standards. A "recreation f ire means a fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is clear of readily combustible materials for a distance offive (5) feet from the base ofthe fire, there is a readily available and operable fire extinguishing device, and there is a responsible adult in continuous supervision at the fire. Violation of these" ermission" re uirements shall constitute a misdemeanor under the Ci code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department personnel and equipment, approving the location of the bon fire, and the presence of adult supervisors. The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Department Training. The Fire Department is authorized to conduct live fire training exercises, which are conducted in accordance with Minnesota Statutes and rules ofthe Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: TEXT TO BE REMOVED Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary c...2 CITY COUNCIL LETTER Meeting of June 21,2005 AGENDA SECTION: Consent NO. ITEM: Authorize purchase of sixty 800 MHz portable radios NO. from State Homeland Security Grant, Fund 272-42130 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: June 14,2005 BACKGROUND On September 13,2004, the City Council accepted a Homeland Security Grant in the amount of$186,000 with no local match. We have used $36,000 ofthis grant to purchase the City Watch reverse calling system that is in place, up, and running. The remainder of the money is to be used for purchasing sixty 800 MHz portable radios. These radios will be used to establish interoperability between CERT teams in Columbia Heights, St. Anthony, New Brighton, and Fridley. Fifteen radios will be given to the police departments in each of these cities. Should we have a man made or natural disaster, the teams would be able to assist one another during the event in a coordinated fashion. We have researched prices on these radios and have found the attached State contract price on Motorola radios. The total bill for 60 radios, chargers, 3-year warranty, and 55 remote microphones comes to $149,960.80. lfpurchased before August 1,2005, these radios would be tax exempt. ANALYSIS/CONCLUSION The use of well-trained and well-equipped civilian volunteers has become a necessity in these times oftight budgets. The ability to be able to communicate with these volunteers is critical during man made and natural disasters. The purchase of the sixty 800 MHz radios will allow all four ofthe communities involved to have excellent communications between police, fire, and civilian personnel during these disasters. RECOMMENDED MOTION: Move to authorize the City Manager and the Police Chief to enter into a contract for the purchase of60 Motorola XTS 2500 portable radios in the amount of$149,960 (tax exempt) from the State of Minnesota contract, with funding to come from Homeland Security Grant #20009757 and City fund 272.42130. TMJ :mld 05-118 COUNCIL ACTION: @ MOTOROLA INC. Prepared j Dean Daninger IlNCOM COMMUN/CIl nONS, /Nc. ~ ~ Phone: 763.755.3377 ~ 60 60 Fax: 763.755.4111 Date: Mar. 30, 2005 Quote #: B&Q #17814 Contract # 433614 H46UCF9PW6_N 0574 COlumbia Heights POlice Department MOlorola XTS 2500 Madel II 1 16O-channel 1800114,.,. Software 9600 BaUd (MN Melro Pkg.) (InclUdes OPlions; Q806 _ CAI operalion, Q361 - Astra 25 software, "'36 _ Smarl2one, Q173 - Omnillnk & "'14 - Prr 10 disPlay) 1750mJ;fl NiM,., FM Battery (NTN9857) 2-Year E.S.p. (3-yeartolal warranty) DiSPlay Radio 60 60 0393 H885 LINE ITEM TOTAL Special Instrocttons And/Or Billing; (For the Purchase order.) Purchase order is made Out to: Please inclUde On the PUrchase order: (See attached word document for help.) MOlorola Communications Enlerprise 13108 COllections Drive Chicago, IL 60693 Fax COpy of PurChase order to: PaYment per State COnlracl. B&Q, 17814 State Bid Contract Number: 433614 Tax eXempl per M.S. 297A Subd. 0.8. 763.755.4111 Attn: Dean ~ APCDisCOUnt ~ ~ $ 1,550.00 32% $ 1,054.00 $ 63,240.00 $ 1,675.00 32% $ 1,139.00 $ 68,340.00 $ $ 82.00 65.00 32% 0% $ 55.76 $ 3,345.60 ~~ L 2.313.12 L 138.825..212 ANCOM COMMUNICA TlONS, INC. Prepared By: Dean Daninger Qt~ ModeJ 12 8 55 NTN1873 WPLN4108AR NMN6193 Phone: 763.755.3377 Fax: 763.755.4111 Columbia Heights PO DescriPtion Desktop Rapid SMART Charger {Tri-Chem ){lmpress )Subs to WPLN4111 6-Unit Rapid SMART Charger {Tri-Chem}{lmpress} Remote Speaker Microphone Shipping LINE ITEM TOTAL Special Instructions And/Or Bil/ing: (For the purchase order.) Purchase order is made out to: (Ancom does not require purchase order.) Please include on purchase order: AJrlcom Communications, Inc:. 1 BOO East Cliff Road BllIrnsville, MN 55337 Tax exempt per M.S. 297A Subd. 0.8. Fax copy of Purchase order to: 763.755.41"11 Aftn: Dean Date: Mar. 30, 2005 $ $ $ 140.25 $ 669.80 $ 74.16 $ 1,683.00 5,358.40 4,078.80 $ 15.00 $ 11.135.20 ])2 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Work Session Meeting of: June 21, 2005 AGENDA SECTION: NO: ORlGINA TING DEPARTMENT: Administration ITEM: First Reading - Ordinance No. 1490 Recodifying the Columbia Heights City Code NO: BY: Linda Magee DATE: June 15,2005 The City Code was last codified in 1977. Several years ago, the City Council authorized entering into a contract with the League of Minnesota Cities and American Legal Publishing for the recodification and publication of the City Code. At that time, over 500 ordinances had been adopted by the City Council, which were to be incorporated into the code. That had not occurred on a consistent basis. That, along with the fact that the code needed to be reviewed and potentially revised to make it more clear cut and concise, incorporate modem and paper phraseology, and eliminate conflicts, ambiguities and repetitive provisions, resulted in the need for recodification of the City Code. Accordingly, the recodification does not represent any substantive changes. The 1977 City Code, and all ordinances passed since that time were submitted to American Legal Publishing for recodification. The draft recodified code was reviewed by League of Minnesota Cities staff, codification staff of American Legal Publishing, and the City Attorney. Additionally, the code was extensively reviewed by City staff, to ensure accuracy. Corrections, along with ordinances adopted since the draft recodified code was received, were submitted to American Legal Publishing. The final recodified City Code was received and distributed to the Mayor and City Council at the work session of March 15,2004. The recodified code includes ordinances adopted through May 27, 2003. Adoption ofthe ordinance recodifying the City Code would incorporate all ordinances adopted through the effective date of Ordinance No. 1490. Recommended Motion: Move to waive the reading of Ordinance No. 1490, there being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance No. 1490 for Monday, July 11, 2005, at approximately 7:00 p.m., in the City Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1490 BEING AND ORDINANCE RECODIFYING THE COLUMBIA HEIGHTS CITY CODE THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: WHEREAS; this ordinance shall be known, cited and referred to as the Columbia Heights City Code, and; WHEREAS; the Columbia Heights City Code, adopted on the date indicated herein, shall be available for viewing at City Hall, the Public Library, and on the City of Columbia Heights web site, and; WHEREAS; the Columbia Heights City Code contains all ordinances of the City of Columbia Heights, to the effective date hereof, whether or not those ordinances have been previously published, and; NOW, THEREFORE; this Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ~3 CITY COUNCIL LETTER Meeting of: 6/21/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: ~1(Z / BY: K.HanSe~ ;......., ITEM: LMCIT SANITARY SEWER NO FAULT INSURANCE COVERAGE DATE: 6/15/0 - DATE: tJ.;;?/~t_> I Background: The City of Columbia Heights sanitary sewer system has periodically experienced surcharging at various locations throughout the City and at various times in the last 30-40 years. A consequence of this is flooding or backups into private property through the sanitary sewer services. The area with the most severe history of backups was in the Jackson Pond area. In 2003 and 2004, the City explored a short and long term plan to mitigate and reduce backups into private property. The following is a summary ofthe activities and status of each: 1. Backwater Valves: Backwater valves have been placed in 22 homes on their private service line. 2. Mainline Level Alarm Device: A float style controlled device that activates an alarm when the sanitary flow level in a manhole rises above a pre-determined elevation was installed acijacent to Jackson Pond in 2003. This device was installed with an audible and visual alarm device, and operates on a solar power with battery backup. It is also now connected to our SCADA System for direct notification to Public Works. 3. Continue Inflow Reduction Measures: Staff continues to make system improvements through annual maintenance activities, public improvement projects and review of private development projects. This includes replacing manhole lidslcasting, installing boots on manholes in street low points, manhole repairs or replacements, and lining of sewer pipe. 4. Expand Sewer Lining Program: Beginning in 2004, our annual sanitmy sewer lining program was expandedfrom $50,000 to $100,000 annually. We havefocused on trunk sewer lines and larger diameter line segments. 5. Develop an Illicit Discharge Elimination Program: A Sump Pump Disconnect Ordinance and Program was developed in 2004. Inspection of all properties upstream of the Jackson pond area have been completed. Inspection of areas in the Chatham Road lift station area have also been completed. Approximately 1,000 homes have been inspected and this will continue on an annual basis. 6. Develop/Increase Sanitary Sewer Cleaning Program: Our sanitary sewer cleaning program has been modified based upon recommendation of the LMCIT. We now clean the entire City on 3-year repeating cycles, I-year repeating cycles on our trouble lines, and have developed a electronic record keeping system. As summarized above, extensive and aggressive work has been conducted over the last 2-3 years related to sanitary sewer maintenance, programs and improvements. Analysis/Co n cI usio ns: Another item discussed in 2004 by the City was insurance coverage. The City of Columbia Heights insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT) offers member cities "no-fault" sewer back-up coverage as an additional rider. This new optional coverage will reimburse a property owner for up to $10,000 of clean-up costs and damages caused by a sewer back- up. We applied for this insurance in 2003 and 2004 and were denied due to program deficiencies. Based upon the activities and scope of work over the preceding 2-3 years described above, the LMCIT has now advised the City that it has been approved for No-Fault sewer back-up coverage. (reference attached memo from Pat Meger). To obtain the coverage, the City of Columbia Heights must pass a resolution to establish the 'No-Fault Insurance for Sanitary Sewer Coverage.' The LMC has established a model resolution, which is attached herein. The cost to the City for this coverage is 8.5% of the annual liability premium, or based upon our last premium would cost an additional $7,926. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/21/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: LMCIT SANITARY SEWER NO FAULT BY: K. Hansen BY: INSURANCE COVERAGE DATE: 6/15/05 DATE: Continued - page 2 A complete description from the LMCIT is attached describing the coverage, limitations and what the insurance will do. The insurance coverage would reimburse property owners for back-up damages provided that the following conditions are met: o The back-up must have resulted from a condition in the City's sewer system or lines. A back-up caused by a clog or other problem in the property owner's own line would not be covered. o It's not one ofthe situations that's specifically excluded in the coverage. o The coverage limit has not been exceeded. The coverage would not apply in 'catastrophic' situations such as: o Any weather related or other event for which FEMA assistance is available; o Any interruption in the electric power supply to the city's sewer system or to any city sewer lift station which continues for more than 72 hours; and o Rainfall or precipitation that exceeds the amount determined by the National Weather Service to constitute a 100-year storm event. To date in 2005, I am not aware of any claims filed against the City of Columbia Heights for sewer back-ups. Recommended Motion: Move to approve and adopt Resolution No. 2005-32, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-32 being a resolution establishing Limited Sewer Back-up, Clean-up and Property Damage Protection for Municipal Sewer Customers. Attached: 5/18/05 email and memo Resolution LMC Brochure on "No-Fault" Sewer Back-up Coverage COUNCIL ACTION: From: To: heights.mn.us> Date: Subject: <Pat_Meger@ajg.com> <bill.elrite@cLcolumbia-heights.mn.us>, <sue.schm idtbauer@cLcolumbia- 5/18/2005 11 :47:45 AM LMCIT June 2006 Renewal Bill and Sue: This is in confirmation of my conversation with Sue. We spoke with the underwriter at the LMCIT and they will be unable to have the renewal quote before 5/23/05. They are in the process of their fiscal year end and their concentration is in booking the renewals with an effective date of 5/31/05 or earlier. We will be issuing the renewal binder and also providing the renewal vehicle identification cards. These should be in today's mail. The LMCIT has advised that the City of Columbia Heights has been approved for No-Fault Sewer Back-Up Coverage. Attached is a copy of the notification received from the LMCIT, as well as a copy of the Model Resolution that the LMCIT needs completed, dated, signed and returned in order to have the policy endorsed for coverage. The premium is 8.5% of the Annual iViunicipal Liability premium. Based on the expiring premium of $93,250, the premium for this coverage would have been $7,926. Should you have any questions, or need additional information, please let us know. Thank you. (See attached file: Sewer Back UP Approval. pdt) Pat Meger Account Manager A J Gallagher of MN, Inc. 7825 Washington Ave So., #300 Minneapolis MN 55439-2433 (952)918-3980-Direct Line (952)944-9795-Fax RES 0 L UTI 0 N NO. 2005 - 32 BEING A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN-UP AND PROPERTY DAMAGEPROTECTION FOR MUNICIPAL SEWER CUSTOMERS WHEREAS, the City affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are connected to those city sanitary lines; and WHEREAS, sewer back-ups into property pose a public health and safety concern; and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups, and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered sewer back-ups and WHEREAS, the City Council desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust; and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no fault" sewer coverage that will reimburse property owners for certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault NOW THEREFORE, BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota, as follows: As part of the contract for the provision or sewer services to the customers of the City, and in consideration of the payment of sewer bills, the Cit"y agrees to purchase insurance from the LM CIT for Limited Sewer Bacle-up, Clean-up, and Property Damage Protection for up to $10,000 of clean- up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: 1. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. 2. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance is available. 3. The back-up must not have been caused by an interruption in electric power to the City's sewer system or to any city lift station which continues for more than 72 hours. 4. The back-up must not have been caused by rainfall or precipitation that would constitute a 100- year storm as determined by the National Weather Service. 5. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowners 6. or other property insurance, or which would be eligible to be reimbursed under aN ational Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage. 7. The maximum amount that the LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the city's sewer system is considered a single building. Adopted by the Council this 27th day of June 2005. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk l'h'-)\'-1'?-2ElI2I5 14; ."12 LEAGUE OF 1'11'~ c: IT I FS l351?8:1.12SIB P.01 ---.ll.r" LMe League of MInnesota Cities Insurance Trust !ORgUQ of Uinn/J.HoJa (:jf;Lli: Ci!,'o.< pmHlfliilliJ ,.".,.ll,llca i45 LJniversitf Avenu<:: Wed:, St. P;.lul, MN !:,S;L03.2044 (65:1.) 28:1..:\.200 . (BOO} 925-i122 Fax: (6!)j) ~>8:1.-1~~F: . TDO: (Rfi:t.) ?8:1.-;1.:>90 wwwJmncQrg LMC IT NO-fAULT SEWER BACK-UP COVERAGE QUOTATION COVERAGE IS NOT BOUND UNTIL YOU RECEIVE CONFIRMATION IN WRITING FROM LMCIT. Date: May 17,2005 To: A. J. Gallagher AUn: Pat Meger Fax: Pages: 952-944-9795 B From: Pat Mingee CPCU, CIC LMCIT Underwriting 651~215.4081/800-925~1122 cxt 4081 Re: City of Columbia Heights Coverage: Refer to the attached LMCIT Optional "No-fault" Sewer Back-up Coverage Bulfetin. Limit: $10,000 Per Building Per Year For purposes of the limit, a structure or group of structures that is served by a single connection to the city's sewer systam will be considered a single building. premium: 8.5% of the Annual Municipal Liability Premium (Premium will be prorated to the expiration of the city's covenant). Retroactive Date: The date that the city council passes the resolution Remarks: Quotation is Valid for 90 Days 1. To bind coverage, the city council must formally pass a resolution and se-nd a signed copy to LMCIT. 2. A Model Resolution is attached. I\N !'QUlll OPPORTlJNITY {lIrFlIlMIITllIF. r.cnUfl J.:MPLOYER I'11'.:tY'-17m?!7I1JS .1.-'1: 42 I..FnCiI.JI" OF 1'11-1 (!TIES 6512811:;:9:3 P.D::: ..~ """^,..,,, . -,. LMC ~--'-. ...... .... ........-.... .-.... -... . ] LMCLT Risk Management Information (<maltil ,f Mi,wi21Jofa C;ti{]~ ('iHt19 pl'Omf1ting d>>:;QlliJl1fJ.J 145 University J\venHC West, St. Paul, l\.-JN 55103"2044 Phone: (651) 2~h-120() 0 (800) 92;'-1122 Fax: (65:1) 281.-1.298 · TDD (651.) 281-1290 www.Imc:.it.ln:mcTorg OPTIONAL "NO-FAULT" SEWER HACK-UP COVERAGE LMCIT offers property/casualty membcl' cities "no-fault" sewer hack-up coverage. This new ~)ptionaL coverage will reimbm8c a property ownC'r for lip to $10,000 of clean-up costs and damages r:;msed by a sewer back.up, h1'cspectivc. of whether the cIty was negligent or legally liable for those dallJ,lgf\S TIlls lie'w coverage option is intended to do several things: To reduce health h(l:l;u'(J~; by encouraging pn'lperty owners to get back-ups c.1cancrlup as quickly as possible- To reduce the frequency and ;;;everi1:y of sewer back-up I<lw:'iuits Le, propCIty OWHerS may be less inclined to Slle if they receive conciliatory 1rc;ltnwnt at the time of the back-up. . To give cities a way to address the sticky political probk~ms that can mise when a property owner learns that the city and LMCLT won't rciTnburse him for hi;;; ~ewer back.up damages bociltlse the city wasn't negligent and is therefor not legally liable. Many cities and their citizens may find this new coverage option to 'be a helpful tool. However, it's also imp01tant to realize that it's not n complete solution to sewer back..up prohJems, /lnd 11mt not every possible back-l1p will be covered Wllat sewer back-uJls would he l~ovcn~d b)' the DeW coverng(~? 1he Tlo-nmlt coverage would Teimbul'se the property o\vner tor sewer back-up damages, regardless ofwbether the city waS legally liable, ifthc following conditions are met: . The back..up musthave resulted from a condition in the city's sewer system Or lines. A back- up caused by a clog or other prohlem i.n the property owner's O'NTI line would not be covered. . It's not one oHhl:: situations tllat's specifically I.:xdlH.led in the covera.ge. The coverage limit has not been exceeded. .'-7 .' t'1('],(--l7"-2E!I:'1'3 .1<1: 4:5 6~51:2Bl1~238 Lf'.nGUE 010- r'll,1 en I L::S Which situations are excluded't The tlo-l'ault coverage will not apply in ~(~vcral '\:atastrophic') type sitllilt.iom: Specific;~]]y, tJIC:SQ are: Any weather-related Ol other event t'Or which FEMA rrr,~;jf:;tal1CC is available; . Any intenuption in the electric power supply to the eity's sewe.r system 01 to any city sewer lift St.'1tiOll which continues for mori; thun 12 hours; or * R<1infilll Or prcdpitation that exceedf: the amount determined by the Naticln<ll Weather Service to constitnte a 100-yc~n~ storm event. 'What costs would be cov(1J'cd.? The no-fault sewer- bl'lck~up coverage would reimburse the property owner for the cost of c.leanine np the back-up, and for any d3mage to the property, up to the coverage limit. For pUl1)oses of the city's (hluc;6hles, claims under the llo-l'atllt coverage are treated as liability claims, so the same ptr-OCCUlTellce ;Ino/or annual deductibles will apply, HowtWt~r, there ill'O certain costs that would not be reimbursed under the no-faillt coverage: * An)' co::;t::: which have been or arc cligibk to hi.: covered under the property owner's own homeowner's or other property insurance; and Any costs tl1at would be eligible to be reimbursed under an NF fr flood jnsurilm~o policy, whether or nolo the property owner actllally has NHP coverage- What is the coverage limit'? The limit is $ J 0,000 pt;r building per year. For purposes of the limit, a structure or group of stmcturcs t11at is served by a single connoCtiOl1 to the city's sewer system will be comiderco a single building. Only true "no-fault" claims [In;,. counted toward the $10,000 limit. Chl,inw for damages caused by city negligence, for \vhich the city wOl-lld b~ lcr,nl1y liable in any ca~e, are not charged against that limit. What does it cost? The premium ch,ugc for the optional M-f-ault sewer back~up coverage will he 8.5% of the oily's t1muicipalliability premium.. The LMCI r Board's intent is that this coverage optiOIi he sc1f~ supporting, :;0 we'll be monitoring and ifncccsRcllY at\jllsling these charges in the future. 2. 1'-'.04 1-1 'I tYr('.17-'2!::'J0~:; 14: .:13 LI:::HGUE OF t'lI'~ r~-:: IT] r:S (~,5128.1.1.::':~'J3 Is every city automatically cligibIe'~ No. The city will need to meot these underwriting critel.ia: . The city must have a policy and practice of inspecting and cleaning its sewer lines on it reasonable schedule. If there (lTl~ ;:my t,xisting problemg in the: l,:,ity's system which bave ctlll!1ed back-ups in the past or arc likely to cause back.ups, the city must have and be irnplemellting a plan to address those probkms The city mllst have a system Hnd the ability to 1cspond promptly to bar.k-npR or othel' sewer problems at any time ofth(: day or week. . Tht~ dty must have in place an appropriate program to minimize stormwater inflow and inftltratioll. . The city must have in place a system 10 maintain records of routine sewer cleaning and maintenance, and of Ilny report!.:d problems ~md responses. We'd stress that in maRine the underwriting evaluation we'n) trying to lOcus on reasonableness, rather than on crNltillg very specific stHllI.lilHls. That is, the intent isn't to set an arbitral Y requirement that sewers be in::;pected and cleaned every six months or eyery three years or whatever. What makes sense in one city with sorn~ older and sometimes sagging day Jim:!; prohably wouldn't make sense in a dty with newer plastic: liues, <lJld vice vc,rsa, From the underwriting sta.ndpoint, the real CDucern is thl1t the (~ity has considered its own situation and developed polices, practices, and f;r;heduks that make sense for its own ~;itu~rtion, How wmdd the no-fault covcmgr. w(lrk if we had a sewer back-up jbat W::IS (~:lIlsed by tity negligence, ~md where the city was legally Jinble fol' the resulting damages? 11' the situation isn't one where the no-fault coverage app1it;s, the city's LMCIT liability coverage would lcspt)nc1 just as it does now. That is, LMCIT would investigate and if necessary ucH.:nd the claim on the city's behalf; llild would pay the resulting dmnagcH if in fact the city is li;:gally liahle for those damage:::;. The same would bl~ tme for damages that eXGl~ed tll(: $10,000 no-fault limit, or for a subrogation claim against the city by the homeowner"s inslInmce company. The city's exbLing LMCIT liability would respond just as it does now.. What~s the legal basis i<)1' this coverage? Wouldn't it he 21 gift: OfP1Jhlic funds to pay damages that the city isn't legally Ih1blc fo)'? First, as noted earlier, one gO:l1 is to help redm~~ he<'Ilth hazards by encouraging prompt clean- ups That's clearly a puhlic purpose and in the public interest J P .1715 "IAY-1?-2EJl2J5 1'1; ,.n LEI:lbUE OF I'II-j C IT I E~3 5512e1.:l.c~g:J Seeond, the law and factI-; surrounding most sewer back-.up claim~ arC rawly f;{) dear that the liability j~jS\W i~.i outiH::ly black and white. There's virtui'Illy a.lway!; a way that a cli:tml<'l.lIt'g attorney can make some type of argulIlent for city liability_ Having this coverage in plac~ ShOl1Jd help eliminate t.he need to spend pl1hlic nmds on litigation costs in many of these cases Finally, part of the process Jor putting the coverage in place: is for the: city council to pass a formal resolution that makeil this no-13uH SC\:I,'cr back-up protection part oftho agreement between the city and the sewer customer. The idea if; t.llat by paying his sewel- bill, the sewer USI.::,l' is purchasing not just :>ewer servic(~ but also the right to be reimbursed for certain specified sewer back-up costs and damages- In other words, thl;: busis fi:lJ 11H: no-fl:lult payments to t11c properly owner would be the contract bctvi'ccn the city and the sewer user How do we put coverage in place"! Contact your LMCIT lmderwdtcr for an application If the city qualifies :filr coverage, we'll send the city a fonna:l quote, along with a model resolution. To put coverage in place, tho city council must formally pass that re:,:olution, and send a copy to LMCIT If the dty decides to add thi/; coverage, it will also bc important to make sure the citizens know abotlt it. LMCIT call also provide models tor a pre:,:!> release, llcws1ctlcr article, utility bill insert, etc. Who l~all we contact with qllesti(ln~ or (';nlUments'! Contact your LMCIT underwriter, ()f Pete Tritz at the League office. We're also interested in hearing citil~F;' reactions to this new coverage option, especially jf there are changes Y01.1 , d like to S(X~- PST 3/1 OJ?001 4 f'.0G D~ CITY COUNCIL LETTER Meeting of: 6/21/05 AGENDA SECTION: CONSENT AGENDA No. ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT REPLACEMENT OF UNIT #190 A 1987 SERECO TRUCK MOUNTED SEWER RODDING MACHINE AND UNIT #190 FORD F350, 2X4 ONE TON CHASSIS ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansed.~ ./ DATE: 6/15/0~ CITY MANAGER BY~~' DATE: 07/cJJ- Background: Unit #190A was purchased new in 1987 for $12,953 with a projected life expectancy of20 years. This unit replaced an older sewer rodding machine and was mounted on the same truck, a 1964, Ford % ton 4x4. In 1996, a new Ford F350 one-ton chassis, Unit 190, was purchased to can)' Unit #190A, for $15,914 with a projected life expectancy of 15 years. This setup has been used as the primary piece of equipment to root saw sanitary sewer lines and clear main line blockages that may occur. Unit #190A is 18 years old and maintenance and repair records indicate that $13,765 has been spent on Unit #190A since 2000. In 2004, the first full year of increased sanitary sewer maintenance, approximately $12,000 was spent for replacing sewer rod and cleaning tools. The Shop Supervisor has rated the condition Unit #190A as poor. Unit #190A has been reconditioned 3 times and would need to be reconditioned again in the near future. Parts delivery has taken as long as 2 to 3 weeks. The 2005 SanitaJ)' Sewer Capital Equipment Replacement budget has allocated $130,000 for the replacement of Unit #190A and 190. Analysis/Co nelusions: Following the significant backups in 2003, and at the recommendation of the League of Minnesota Cities Insurance Trust (LMCIT), staff developed a Sanitary Sewer Maintenance Policy that requires Public Works to clean all of the sanitary sewer lines that have a history of back up (trouble lines) on an annual basis and the remainder of the city on a three-year repeating cycle. This represented a significant increase in annual sanitary sewer maintenance. To fulfill the requirements of the City's current sewer maintenance policy and minimize the number of backups, it is necessary to update equipment and operational procedures to meet the increased demands on city crews. The use of Unit #190A requires employees to repeatedly lift the stainless steel heavy rod and guide hose to position the cleaning tool in the sanitary sewer line. None of this lifting can be done using proper lifting technique and therefore exposes employees to possible serious back and shoulder injury. Unit #190A has a great deal of down time due to sewer rod failure. The sewer rods become brittle with use and repeatedly break. Broken or bent rod replacement exposes employees to possible serious injury when repairs are made. Additionally, our NPDES Phase II permit now requires many of the same maintenance activities we perform in our sanitary sewer operation, i.e., cleaning of our storm lines! COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/21/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER No. PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT BY: K. Hansen BY: REPLACEMENT OF UNIT #190 A 1987 SERECO TRUCK MOUNTED SEWER RODDING MACHINE AND UNIT DATE: 6/15/05 DATE: #190 FORD F350, 2X4 ONE TON CHASSIS Continued - Page 2 After carefully reviewing current and future sanitary and storm sewer maintenance requirements, manpower, operator safety and sewer cleaning equipment that is available for purchase in 2005, Public Works staff has the following recommendations: 1. Replace Unit #190A and Unit #190 with (1) one High Pressure Water Jetter Truck Mounted. This unit is capable of root sawing, removing grit, clearing blockages, thawing frozen lines, and washing down manholes. It also provides the operator with the highest level of safety and ergonomic design available at this time. 2. Dispose of Unit #190A and chassis Unit #190 by means of trade-in. Staff researched investigated and found three manufacturers in the area, conducted extensive field equipment demonstrations with two of the vendors, inspected similar Jet Trucks that are currently being used by the City of Minneapolis and spoke with their operators and mechanics. Staff has received the following pricing as available from the MN State Contract: ABM Equipment and Supply Hopkins, Minnesota Sewer Cleaning Unit Trade-in Unit #190A International Chassis Total: Flexible Pipe and Tool Co. St. Cloud, Minnesota Sewer Cleaning Unit Trade-in Unit#190A International Chassis Total: MacQueen Equipment Inc. St. Paul, Minnesota COUNCIL ACTION: $89,085 - $9,045 $80,040 + $44,333 $124,373 plus sales tax $82,479 - 0 - $82,479 + $47.167 $129,646 plus sales tax No Bid Provided CITY COUNCIL LETTER Meeting of: 6/21/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER No. PUBLIC WORKS ITEM: AUTHORIZATION FOR CAPITAL EQUIPMENT BY: K. Hansen BY: REPLACEMENT OF UNIT #190 A 1987 SERECO TRUCK DA TE: 6/15/05 DATE: MOUNTED SEWER RODDING MACHINE AND UNIT #190 FORD F350, 2X4 ONE TON CHASSIS Continued - Page 3 ABM Equipment is the only vendor that offers a rear mounted rotating and telescopic hose reel. This feature provides operational flexibility, makes the equipment operator friendly and promotes safe operation. (Brochure attached) Note: Current Minnesota State Purchasing Contract expires on June 30, 2005. Staff recommends the purchase of One (1) new 2005 SECA model H-800 Jetter from ABM Equipment, and One (1) new 2006 4300 SBA 4x2 (MA025) chassis from Astleford International Trucks per Minnesota State Contract. Unit #190A and Unit#190 will be disposed of by trade-in. Recommended Motion: Move to authorize the replacement of Unit #190A and Unit #190 with One (1) new 2005 SECA model H-800 Jetter in the amount of $89,085 subtracting a trade-in allowance of $9,045, plus sales tax from ABM Equipment Co. and One (1) new 2006 4300 SBA 4x2 (MA025) International truck chassis for $44,333 plus sales tax from Astleford International Trucks. All equipment pricing per Minnesota State Purchasing Contract. KH:jb Attachment COUNCIL ACTION: b~ 951 THE MODEL 800-HPR TRUCK JET . Specially designed for use in cold weather climates. . The safest and most "user fi-iendly" truck jet available. . High pressure jet system supplies power to clean sewers of sand, silt, grease, roots and other accumulations. . Hose reel is housed in the enclosed and heated rear compartment when not in use. . When in operation, the hose reel telescopes out of rear compartment and is now able to rotate/pivot 180 degrees for maximum access to the difficult to reach manholes. . Optional Automatic Level Wind System which eliminates operator contact with sewer hose when in operation. . The main components including the water pump, power system, hose reel, sewer hose and associated plumbing are kept heated to eliminate the dangers of freezing. Freezing of any part of the system can put operators in danger. . The rotating/pivoting hose reel helps operator to reach difficult to access manholes and also allows operator to remain "away" from dangerous traffic situations when in the jetting mode. (Note: Some features shown in literature may be optional.)