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HomeMy WebLinkAboutFebruary 4, 2008 Work SessionCITY OF COLUMBIA HEIGHTS 590 4016 Avenue NE, Columbia Heights, MN 55421-3878 (763}706-3600 TDD (763} 7d6-3692 {visit our website at: wrviy.ci.colunebra-beirhrs.nu~.ur ADMINISTRATION NOTICE OF CITY COUNCIL MEETING ~ k~~ k~: kx~~~3: to be held i~z the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: MONDAY, FEBRUARY 4, 2008 Time of Meeting: 7:00 P.M. Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION Consent: 1. Capital Equipment Replacement two marked and one unmarked Police vehicles. 2. Capital Equipment Replacement of a Tandem Dump Truck Discussion: 1. Capital Equipment Replacement of a Street Sweeper 2. Sump Pump Disconnect Program Update/Continuance 3. Review of City Assessing Policy: State =Aid Streets Mayor Gm~~ L. Peterson Councilmembers Robert.4. 4Pi1[iams Bruce Nawroe~i Tammera Diehm Bruce Kelaenberg City iVIanager Walter R. Fehst 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 handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-361 1, to snake arrangements. (TDD/706-3692 for deaf or hearing impaired only) Columbia Height Police Department Memo To: Mayor Peterson and Council Members From: Captain William J. Roddy- Interim Chief of Police Subject: Replacement squad purchases for 2008 Date: February O1, 2008 As per the adopted budget, the Police Department wishes to replace two existing marked squads as part of our regular rotation of patrol vehicles. In addition, we intend to replace the 1997 Chev Lumina with the purchase of one new Ford Taurus in the unmarked fleet. Budgeted for each of these items in the Capital Equipment Replacement fund are the following: $50,000 Two full sized squads with Laptop computers 20,000 One Administrative car Additional equipment budgeted for the marked vehicles include: Two Prisoner Safety Dividers - $2,130 Two Squad light bars - $2,130 Two Siren Boxes - $1,270 The Lumina and one marked squad will be rotated to public works for their use. The second marked squad will go to Recreation for fleet rotation purposes. Staff requests permission of the Council to seek bids for the replacement of two marked squads and one administrative car from the 2008 budget for Police Department use. CITY COUNCIL LETTER Meeting of: 2/4/08 AGENDA SECTION: WORK SESSION NO: ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR TI-IE CAPITAL EQUIPMENT REPLACEMENT OF UNIT #70 FORD LT9000 TANDEM AXLE DUMP TRUCK AND ATTACHMENTS ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen & L. McClana DATE: 1/30/08 CITY MANAGER ~~ BY: ~" ~/"~~GLr' DATE: Background: Unit #70 Ford LT900 tandem axle dump truck was purchased in 1995 for $109,476. It is equipped with a belly plow, wing plow, reversible front plow and spinner type sander. Unit #70 is a primary truck used for street maintenance operations. It is 13 years old with 54,000 miles recorded and has chronic mechanical problems. The transmission overheats, the engine is leaking coolant, the steering is loose, and the suspension is weak. The shop supervisor has rated. the mechanical condition as fair and the appearance as fair. Since 2000, which is as far as the maintenance records go back, $ 67,922 has been spent on repairs. The 2008, Capital Equipment Replacement budget allocated $145,000 for the replacement of Unit #70 and attachments Analysis/Conclusions: When Unit #70 was purchased in 1995, it was with the thought that the City would be able to continue hauling leaves to the Anoka County compost site in Ramsey and road salt from Northeast Minneapolis to Columbia Heights, and be able to get more bang for the buck by hauling larger loads. Unit #70 could haul 10 ton compared to 7 ton that could be hauled by a single axle dump truck. This worked well until the product picked up and delivery points moved to remote locations. It is currently more cost effective to have the material hauled by contractors. Staff recommends replacement of Unit #70 tandem axle 54,000 GVW dump truck and attachments with a single axle 35,000 GVW dump truck and replacing the attachments as identified above. Staff recommends disposal of Unit #70, Ford LT9000 tandem axle dump truck via trade-in Recommended Motion: Move to authorize staff to seek bids for the Capital Equipment Replacement of Unit #70 Ford LT 9000 tandem axle dump truck and attachments. KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/4/08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~~, !re ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR TIIE BY: K. Hansen & L. McClan BY: ~ '~~' CAPITAL EQUIPMENT REPLACEMENT OF UNIT #44, DATE: 1/29/08 DATE: ELGIN EAGLE STREET SWEEPER Background: Unit #44 is an Elgin Eagle Street Sweeper that was purchased in 1993 for $105,000. It is Elgin Eagle Street Sweeper truck chassis high dump sweeper with a 4.5 cubic yard hopper that can off load into a dump truck. The unit is 15 years old and has 8,137 hours of recorded operation with an odometer reading of 54,864. Since 2000, which is as far as the electronic maintenance records go back, $86,142 has been spent on repairs. This unit was scheduled for replacement in 2005, but was delayed for budgetary and other reasons. The shop supervisor has rated the mechanical condition as poor and the appearance as poor. The 2008 Capital Equipment Replacement budget allocated $200,000 split evenly between the Street Department and the Storm Water Department for the replacement of the Elgin Eagle Street Sweeper. Analysis/Conclusions: Public Works has historically performed street sweeping operations using two mechanical sweepers. The goal has been to sweep all of the streets at least four times, and alleys and parking lots one time during the year. Additional sweeping is done after storm events and to prepare areas for street patching. In accordance with NPDES best management practices, streets that have low areas and areas that drain directly into lakes and ponds are swept first. Street cleaning has the greatest potential for reducing storm water pollution in the urban environment and it can do so at a relatively affordable cost. That's because most of all of the rain that falls on impervious surfaces goes onto pavement that is directly connected to an urban storm water collection system. Sweeping also prolongs the operational efficiency of structural based devices, such as storm water retention ponds, and reduces the ongoing maintenance they require. Staff had previously discussed downsizing from two sweepers to one sweeper, but has reevaluated our practice. Recent publicized studies on the effectiveness of various types of street sweepers and the recent mandates of National Pollutant Discharge Elimination System (NPDES) Phase I and II storm water permits and the increasing need for practical total maximum daily load (TMDL) implementation plans make it clear that sweeping deserves a more central role. In fact, street sweeping should be an important part of the management strategies for any urban storm water NPDES driven runoff program or TMDL implementation plan. To meet the requirements of the change in storm water rules, sweepers that pick up even the finest particulate fractions have entered the market. Studies have shown that mechanical broom sweepers like the two that the city currently owns have a pickup efficiency of approximately 20% to 30%. Regenerative air and vacuum sweepers have pickup efficiencies that range from 60% to 90% of fine particulates, increasing pollutant removals. National and local studies have shown the least cost per pound of pollutant removed during some seasonal conditions are actually achieved via tandem sweeping -which combines a mechanical broom sweeper followed by a regenerative air or vacuum sweeper. The mechanical sweeper is very good at picking up heavy debris and the regenerative air sweeper excels at picking up medium to light debris and particulates. A mechanical sweeper is also much more effective at picking up larger street surface COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/4/08 AGENDA SECTION: WORK SESSION ORIGINATING llEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR THE BY: K. Hansen & L. McClanahan BY: CAPITAL EQUIPMENT REPLACEMENT OF UNIT #44, DATE: 1/29/08 DATE: ELGIN EAGLE STREET SWEEPER Continued -Elgin Eagle Street Sweeper Replacement Page 2 material from construction sites, such as millings or tracking resulting from vehicles or equipment passing through or leaving active construction projects. A regenerative air is more effective during fall leaf pickup operations. Staff recommends, after evaluating our own practices and reviewing national and local studies of sweeping practive and effectiveness, to replacement Unit ##44 Elgin Eagle street sweeper with the purchase of one new regenerative air street sweeper Staff also recommends repair and retention of Unit #04 Elgin Pelican sweeper purchased in 1999 to extend the life of this unit. Staff recommends disposal of Unit #44 Elgin Eagle street sweeper via trade-in Recommended Motion: Move to authorize staff to seek bids for the Capital Equipment Replacement of Unit # 44 Elgin Eagle street sweeper. KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2-4-08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: SUMP PUMP DISCONNECT PROGRAM: BY: K. I-Iansen BY: / RESOLUTION 2008- PROVIDING CONTINUATION OF DATE: 1/30/08 DATE: FINANCIAL REIMBURSEMENT Background: The first year of the Sump Pump Disconnect Program (SPDP) worked in the Jackson Pond Area and Chatham Road area of the City beginning in November 2004. Annually, we have conducted our SPDP completing approximately 1,000 properties per program year. See attached map for the areas completed. In each program cycle we have beets averaging o0 -v4 illegal cross- connections. The City experienced 90% active participation by residents for scheduling and over 95% participation to eliminate detected cross connections. As of the end of 2007 $181,005 was spent on total program costs over the four program cycles, or $45,250 annually. Of the annual program cost, approximately 33% was for reimbursements to property owners for eligible expenses. All property east of Central Avenue has been inspected and all property south of 43rd and west of Central has been completed leaving 2,240 parcels (32%) remaining to be completed. Ordinance 1472 passed by the City Council on July 12, 2004 provided a financial incentive of up to $500 per property for costs associated with sump pump disconnects. The incentive has an expiration date of December 31 s`, 2008. Of the properties that were found to have illegal connections, over 85% of the disconnects were covered by the $500 incentive that the City offers. Analysis/Conclusions: The City of Columbia Heights has an $85,000/year I/I surcharge imposed on it by MCES, which can be offset by costs the City incurs in I/I reduction efforts. In 2007 we were informed by the MCES that not all the costs the City has expended are eligible to offset the surcharge. Only expenses in those sewer tributary areas that are experiencing the peak exceedance are allowed to offset the surcharge. This was not clear when the MCES began the program. Of the three MCES meters that serve the City of Columbia Heights, only one has continued peak exceedance events -collection district 2, which is also the smallest district by area. University Avenue, bound Sanitary Sewer Collection District 2 on the west on the south by 37d' Avenue, on the east by Reservoir Boulevard and on the north by 42"d and 43`d Avenues. We have completed the SPDP in Collection District 2. MCES has informed us that all expenses outside of this area are not eligible to offset the surcharge, even though they will reduce clear water flow to the MCES plant. This also reduces the costs that the City pays to the MCES as we are reducing the amount clear water that is in the sanitary sewer flows to the treatment plant, so the SPDP does have a continued benefit, but a question can be asked at what cosy? In collection district 2, there are 3 public properties that should have illegal disconnects corrected - at City Hall, at the Library and at the parking ramp behind Columbia Clinic. Staff will obtain quotes this spring to have the work completed. Completing this work, COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2-4-08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: SUMP PUMP DISCONNECT PROGRAM: BY: K. Hansen BY: RESOLUTION 2008- PROVIDING CONTINUATION OF llATE: 1/30/08 DATE: FINANCIAL REIMBURSEMENT along with the completion of the SPDP in the district, combined with the sanitary sewer lining of the trunk lines serving this district will all have a positive impact in reducing the peak exceedance events which determine the City surcharge. Only continued monitoring of the meter will determine if, combined, they will bring our peak flows below the allowable levels calculated by the iviCES. From an overall cost/benefit perspective, staff recommends postponing the SPDP in the 08/09 year and instead focusing on collection district 2 in 2008 to monitor peak flow events and determine additional I/I reduction measures should be conducted. These may include additional televising of sanitary sewer lines and manholes, developing a foundation drain inspection and removal program, and additional lining of sewer pipe. For Council information, sump pump disconnect programs have also been in the news recently. The Cities of Vadnais Heights, West St. Paul, Little Canada and Mounds View have had their policy challenged. The ACLU challenged the City's right to enter a home to inspect for sump pump compliance. I reviewed this with our City Attorney. Columbia Heights ordinance is based upon the LMC model and provides options for the inspection process - a property owner does not have to allow a city inspector if they so choose -they may hire a plumber, provided they are licensed with the City. Also, while Columbia Height will impose a surcharge on the utility bill, all surcharge amounts are credited back to the account once the violation issue is resolved. Recommended Motion: Consideration of delaying the Sump Pump Disconnect Program for 08/09 season and focusing I/I evaluation and reduction activities in Sanitary Collection District 2. KH;jb Attachments COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/4/08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS 1 ITEM: AMENDING ASSESSING POLICY TO ASSESS BY: K. 1-Iansen BY: STATE AID STREET REHABILITATION PROJECTS DATE: 1/31/ DATE: ;' ~~ ~~' BACKGROUND: In the current policy for cost sharing under the City's Annual Street rehabilitation program, the City pays for a share of the cost of the work depending on the treatment strategy. The percentages are 50°io, 30% and 1 S% for full reconstruction, partial reconstruction, and mill and overlay, respectively. Since the rehabilitation program's inception in 1996, very few State Aid Streets have been rehabilitated. The prior assessment policy (January 1976) for assessing state aid streets is as follows: General Assessment Policies Specific Assessment Procedures 4. Permanent Surfacing c. State Aid Streets - Adjusted front footage is used for assessment of new cur°b and gutter (or sidewalk, if installed). Asphalt Mat is not assessed, and replacement of existing curb and gutter a~ sidewalk is not assessed. Street and Avenue Method also applies. ANALYSIS ANll CONCLUSIONS: The streets (curb and gutter and asphalt mat) within the state aid system in Columbia Heights are fully constructed. Therefore, under the old policy -there are no assessments on State Aid Streets. The City's State Aid System became certified in 1999/2000, which provided MSA funds to supplement our rehabilitation program. As part of that certification process, staff was required to prepare a CIP for our state-aid streets to maintain their condition and service level. In consideration of performing work on our State-Aid streets, and the fact that the current rehabilitation policy does not specify cost sharing on these streets, staff is proposing the City Council consider assessing properties for state aid streets the same rate for that year as local streets in the Street Rehabilitation program. For example, if Madison Place between 37`~ Avenue and Jefferson Street has a mill and overlay rehabilitation in 2008, the assessment rate would be $1,646.79 (the 2007 rate) for a residential street parcel. Staff reviewed the impact an amended assessment policy to identfiy assessments for rehabilitation on state aid streets and calculated approximately $28,700 would be generated to offset the construction and engineering cost (in the Madison Street example). Due to the fact that State Aid streets are typically constructed to a higher standard (width and cross section), staff recommends using that years' rates, or prior years rates for the same work. This would provide a consistent application of rates in our assessment practice -that all properties would share and pay equivalent rates for street rehabilitation. Itl;covlNlEN000 MOTION: Staff recommends consideration of a policy change to include State Aid Street in our Street Rehabilitation Program cost share policy. KH:jb COUNCIL ACTION: City of Columbia Heights FEASIBILITY REPORT FOR 2008 STREET REHABILITATION SEAL COAT IMPROVEMENTS CITY PROJECT 0801 February, 2008 .ENGINEERING DEPARTMENT 637 38`h Avenue NE, Columbia Heights, MN 55421 763-706-3700 •:• 763-706-3701 (Fax) BITUMINOUS SEAL COAT IMPROVEMENTS ZONE 1 B, 2 AND 3A COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 0801 LOCATION: The following local bituminous streets in Zone 1B are included: Taylor Street 45th Avenue to 47th Avenue Fillmore Street 45`" Avenue to 46`" Avenue Pierce Street 46`" Avenue to 47`" Avenue Parkview Lane 46`" Avenue to 46"' Avenue Johnson Street 46`" Avenue to 47`" Avenue 45'/2 Avenue Fillmore Street to Cul-de-sac 46`" Avenue Taylor Street to Fillmore Street 47`" Avenue Fillmore Street to Johnson Street The following local bituminous streets in Zone 2 are included: Tyler Street 44`" Avenue to Dead end Arthur Place 44`" Avenue to Dead end Benjamin Street 43`d Avenue to 45`" Avenue McKinley Street 37`" Place to 39'/2 Avenue 39`" Avenue Tyler Street to Polk Street 39`" Avenue Arthur Street to Cleveland Street 41 S` Avenue Reservoir Boulevard to Stinson Boulevard. 42°d Avenue Reservoir Boulevard to Cleveland Street 43`d Avenue Reservoir Boulevard to Benjamin Street The following local bituminous streets in Zone 3A are included: Cherry Lane Fillmore Street to Cul-de-sac Khyber Lane Fillmore Street to Cul-de-sac Borealis Lane Fillmore Street to Cul-de-sac Upland Crest Heights Drive to Fairway Drive This feasibility study includes an analysis of proposed bituminous street patching and repair, and seal coat. IMPROVEMENTS: Repair of Concrete Curb and Gutter, Patching and Seal Coat of Street Surface. INITIATION: City Council, as part of an ongoing bituminous street preservation strategy. OWNERS The location of each street is described below and shown on the attached BENEFITTING: map. The total number of assessed parcels is 715. This is comprised of 708 privately-owned parcels and 7 City-owned parcels. OWNERS 1. Taylor Street 45th Avenue to 47th Avenue (41) IMPACTED: 2. Fillmore Street 45`" Avenue to 46`" Avenue (53) 3. Pierce Street 46`" Avenue to 47`" Avenue (20) 4. Parkview Lane 46"' Avenue to 46`" Avenue (44) 5. Johnson Street 46'" Avenue to 47`i' Avenue (18) 6. 45'/z Avenue Fillmore Street to Cul-de-sac (20) 7. 46`" Avenue Taylor Street to Fillmore Street (21) 8. 47`" Avenue Fillmore Street to Johnson Street (26} 9. Tyler Street 44`" Avenue to Dead end (18) 10. Arthur Place 44t" Avenue to Dead end (14) 11. Benjamin Street 43`~ Avenue to 45`" Avenue (31) 12. McKinley Street 37`" Place to 39'/z Avenue (13) 13. 39`" Avenue Tyler Street to Polk Street (52) 14. 39`" Avenue Arthur Street to Cleveland Street (15} 15. 41 S` Avenue Reservoir Boulevard to Stinson Boulevard ( 111) 16. 42°d Avenue Reservoir Boulevard to Cleveland Street (75) 17. 43rd Avenue Reservoir Boulevard to Benjamin Street (79} 18. Cherry Lane Fillmore Street to Cul-de-sac (1 1) 19. Khyber Lane Fillmore Street to Cul-de-sac (11) 20. Borealis Lane Fillmore Street to Cul-de-sac (11) 21. Upland Crest Heights Drive to Fairway Drive (31) ISSUES: The City Council identified the need to preserve and maintain the existing bitum inous streets and extends the life of the pavement in good driving condition. FEASIBILITY: The i mprovement as propo sed is necessary, cost-effective, and technically feasible. The project is rec ommended as proposed in the study. The improvements, once compl eted, will be a benefit to the properties served. SCHEDULE: Construction is scheduled to begin in the spring of 2008, with substantial completion occurring in late summer. This year the seal coat contract is being administered by the City of Coon Rapids under a joint powers agreement with several north-metro cities. Council accepts Feasibility Report and orders Public Improvement Hearing February 11 Bid Opening for Seal Coating (City of Coon Rapids) February 29 Public Improvement Hearing and Council orders Public Improvement Project March 3 or Apr 7 Columbia Heights Council Concurs with Bids March 10 Coon Rapids' Council Awards Contract April I Begin Construction -Bituminous Repairs (Force Account) May Begin Construction -Seal Coat (Project-wide) August Construction Completed (Project-wide) August 31 FINANCING: The estimated cost for Seal Coating is $145,000. ASSESSMENT: The Seal Coating project for those street listed above will be 100% assessed on a Street and Avenue parcel basis. Avenue assessments are'/3 of the street rate extending'/2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $276. DESCRIPTION OF WORK INVOLVED: Public Works Staff -provides bituminous street repairs and patching throughout the Seal Coat project zone. Includes cutting and removal of deficient segments of street section, milling of larger areas of deficient bituminous areas, and patching or paving with new bituminous. Concrete curb and gutter repairs -provide repairs to short segments of curb & gutter due to damage or joint separation which impedes gutter flow. Application of Seal Coat (emulsion and cover aggregate) -Application of emulsion by computer controlled mechanical sprayers immediately followed by spreading FA-2 granite or trap rock as a cover aggregate. The road surface is finished by rolling with a tire-based roller for proper aggregate penetration and distribution. 2008 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS -PROJECT 0801 ZONE 1B, 2 AND 3A STREET SEAL COATING PROGRAM (Sections 25 and 36, T30N, R24W) Seal Coating: Estimated Cost $145,000. Estimated Cost per Parcel Street: $ 276. Avenue: $ 92. I City cif ~..,' Cc~lumkaia Height 2008 PROPOSED SEAL COAT STREETS LEGEND SEAL COAT {Assessed} """° SEAL COAT I (City Share) Revision: January 8, 2008 CITY OF COLUMBIA HEIGHTS 11 GIS /ENGINEERING DEPARTMENT \1 Map Date: December, 2007 Map Author: K Young 2008 SealCoat Funding 11 x17.mx-~. JOINT POWERS AGREEMENT between the CITY OF COLUMBIA HEIGHTS and INDEPENDENT SCHOOL DISTRICT NO. 13 THIS AGREEMENT is made by and between the City of Columbia Heights, a Minnesota municipal corporation ("the City"), and Independent School District No. 13, a Minnesota municipal corporation ("the District"), collective referred to herein as "the Parties" and individually as a "Party." Article 1 Enabling Authority Minnesota Statutes section 471.59 provides that two or more governmental units may by agreement jointly exercise any power common to the contracting parties. Minnesota Statute sections 123B.02 and 123B.51 provide school districts with authority to construct school buildings and utilize them for community recreational purposes. Minnesota Statutes sections 471.15-.191 provide school districts and cities with authority to acquire and operate facilities for community recreational programs. Article 2 Purpose The Parties desire to establish a mechanism whereby they may jointly exercise powers common to each participating Party concerning the following: A. The construction, maintenance and operation of recreational facilities on the current District campus at 1400 49~' Avenue, N.E. in Columbia Heights. The location and extent of the recreational facilities is indicated on the attached Exhibit A ("Facilities"). Said Facilities include two new gymnasiums, an exercise room and related areas. B. Provide other similar or related services and programs as determined by the Parties. Nothing in this Agreement shall act as a waiver by a participating Party of its individual power and legal authority to provide recreational facilities. Article 3 Name The name of this joint powers entity shall be the Columbia Heights Recreational Cooperative ("CHRC"). Article 4 Governance 4.1 The Parties shall govern and control the Facilities as provided within this Agreement. There shall be no joint powers board. 4.2 The City acknowledges that the Facilities are situated entirely upon the District's land and adjoin the Senior High School, and that a large portion of the Facilities, including one gymnasium, an exercise room and associated facilities will be primarily, but not exclusively, utilized for educational purposes, including related extracurricular and co-curricular activities. Consequently, the District shall have physical control of the Facilities except as provided herein. ~ r ! V` ~'~ drt ~L` / ((Qr~,, 4.3 The District acknowwledges that a portion of the Facilities, including one gymnasiurn,`is financed by the City and intended to be utilized primarily by the community at large. Subject to the District's need to maintain safety and security for its students, staff and property, access to and use of said portion of the Facilities is to be determined by the City as further set forth in this Agreement. 4.4 There shall be a Facilities Committee composed of six members, three from each Party. The Facilities Committee is not a joint powers board and serves in an advisory capacity only. The members shall serve at the discretion of the Party appointing them to the Committee. The Committee shall meet at least quarterly, with additional meetings held at the discretion of the Committee. The purpose of the Facilities Committee is to: 4.4.1 Receive input from each Party and their respective agents and employees on issues relating to the operation of the Facilities. r y~ / `'J e4" ~r ! t 4.4.2 Draft policies, guidelines or rules for the operation of the Facilities ~~" and convey said draft policies, guidelines or rules to the City Council and School Board for review and approval. 4.4.3 Report to the Superintendent and City Manager on the status and usage of the Facilities so as to keep the Parties properly informed. 2 4.4.4 Medaate any disputes arising between the Parties concerning the operation of the Facilities. The Committee shall report to the City Manager and the Superintendent the existence and status of any dispute as well as any proposed resolution. Article 5 Management of Facilities 5.1 Control and Access. S.I.1 Access to the entire Facilities shall be controlled via the District's electronic card key system or other District security system as determined by the District. No independent security or access system, including manual door locks, shall be utilized without permission from the District. The District shall have whatever master keys or cards are necessary to allow District personnel full access to the entire Facilities as needed for the purposes of inspection, maintenance and security. This paragraph is not intended to expand or alter the District's actual use of the Facilities by students andlor District staff as otherwise set forth in this Agreement. 5.1.2 The City shall have full, independent access to the City Gym and related areas, as indicated in Exhibit A. Except as otherwise provided in this Article, the City shall have the exclusive right to control the usage of the City Gym and related areas, subject to District policies and state law insofar as they regulate the use of public school property, including but not limited to, restrictions on smoking, alcohol and weapons. 5.1.3 The District shall have full, independent access and control of the District Gym, Exercise Room and related areas, as indicated on Exhibit A. 5.2 Maintenance. 5.2.1 Following final completion and acceptance of the Facilities, including all commissioning and startup work, the District shall maintain the Facilities, including routine cleaning and upkeep. In the event the City has any concerns or issues with the District's maintenance of the City Gyrn and related areas, the City shall initially contact the District Director of Business Services. If a 3 concern or issue remains unresolved, it shall be referred to the Facilities Committee. 5.2.2 The City shall compensate the District for routine cleaning and light maintenance. For the period from final completion through ~~ December 31, 2009, the City shall pay the District $ In December 2009, and every December thereafter, the Parties shall review the actual cleaning and maintenance costs and set the compensation for the following calendar year. 5.2.3 In the event that non-routine repairs or maintenance of the City Gym and related areas is necessary, and said work is estimated to cost less than $500, the District shall provide written notice of said work to the City Manager at least three days before undertaking the work. The District shall invoice the City for the actual cost of the work, including the cost of District personnel, if any. Said invoice shall be paid within 30 days of the date of the invoice. 5.2.4 In the event repair or maintenance of the City Gym and/or related areas will result in an estimated expenditure of $500 or more, such repair or maintenance shall not proceed until written notice is given to the City Manager and the proposed work is approved by the City Council. 5.2.5 Notwithstanding Paragraphs 5.2.3 and 5.2.4, in case of emergency, where damage to person or property is imminent or is of such likelihood and urgency that approval by the City is not practicable, notice shall be given to the City Manager as soon as reasonably possible and the District shall take such steps as are reasonably necessary to eliminate the threat of damage to person or property. The District shall invoice the City for the actual cost of the work, including the cost of District personnel, if any. Said invoice shall be paid within 30 days from the date of the invoice. 5.3 Scheduling. 5.3.1 The City shall schedule the use of the City Gym and related facilities. The City shall provide the District with the City's schedule semi-annually, on January 15~' and July 151, for review by the District for compliance with District policies. The District's approval of the schedule shall not be unreasonably withheld. The City's schedule shall be deemed approved by the District unless the 4 District provides the City Manager with written objections within two weeks after receipt of the schedule. 5.3.2 If the City desires to have community access to the District's exercise room within the Facilities, the City shall consult with the District's Director of Business Services and then propose a schedule pursuant to the timelines set forth in Paragraph 5.3.1. 5.3.3 Except as otherwise provided herein, the District shall schedule the use of the District Gym, Exercise Room and related facilities. 5.3.4 The City may request access to the District's Gym, Exercise Room and related facilities, and the District may request access to the City's Gym and related facilities, for special events, tournaments, etc. Such requests shall be made pursuant to the timelines set forth in Paragraph 5.3.1 or by special request at least 60 days in advance of the event. Neither Parry guarantees availability of their respective facilities for such events, but shall endeavor to make their facilities available to the extent practicable and appropriate. 5.4 Utilities. 5.4.1 For heating, ventilation and air conditioning, the Facilities shall be served by a combination of the District's existing boilers and new roof top units. To the extent that the City's Gym and related facilities are serviced by the District's equipment, the cost of providing those HVAC services shall be paid by the City. The cost shall be calculated by dividing the square footage of the City's Gym and related facilities by the total square footage of the Facilities and applying that percentage to the Facility HVAC costs. 5.4.2 The City Gym and related facilities shall have its own electrical meter. The City shall either pay the electric company directly or pay the District based upon the actual cost imposed by the electric company. The District shall endeavor to exclude the Facilities from Excel's "Brown-out" program. In the event the Facilities are not excluded, the City Gym and related facilities shall be subject to the program's requirements and restrictions. 5.4.3 Water shall be provided to the Facilities by the District without cost to the City. 5.4.4 All telephone and low voltage wiring desired by the City within the City Gym and related facilities shall be installed at the City's cost but compatible with the District's existing low voltage systems. In the event the City desires one or more phones within the City Gym and related facilities, said phones shall be fully compatible with the District's phone system. All monthly phone costs resulting from services requested by the City shall be paid by the City. 5.4.5 All utility costs for which the City is responsible shall be invoiced to the City on a monthly basis. The City shall pay the invoices within 30 days of the date of the invoice. 5.5 Parkin. The District shall designate all or a portion of the westernmost parking lot on the north side of 49`~ Street as the location for parking for those who utilize the City Gym and related facilities for community recreation. All other District parking lots and private roads or drives shall continue to be utilized exclusively for District staff, students and guests. Article 6 Insurance and Liability 6.1 The District shall provide property and general liability coverage for the Facilities up to the limits contained in Minnesota Statutes section 466.04, as amended. The premium costs of providing said insurance coverage shall be apportioned between the District and the City based upon the each Party's square footage of their respective portion of the Facilities. o+~ . ~ The Part} responsible far the cost of deductibles and uncovered claims or ~, t ~,~ losses shall be determined by the location where the damage or injury ~ occurred and the Party who controlled the premises or activity at the time ~~~+~~~ the damage or injury occurred. Property damage and personal injuries ~~. ~~r occurring within the City Gym and related facilities are presumed to be the ,n~ s~! responsibility of the City, and property damage and personal injuries ~ ,~ f occurring in the remainder of the Facilities are presumed to be the responsibility of the District, unless one Party was utilizing or otherwise exerting control over the activities in the other Party's facilities. 6.2 Notwithstanding any other provision of this Agreement, each Party shall be responsible for injuries to its own employees to the extent required by law. Each Parry will maintain workers' compensation insurance or self- insurance covering its own employees while they are providing services within the Facilities. Each Parry waives the right to sue the other Party for any workers' compensation benefits paid to its own employees or their 6 dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its employees. 6.3 To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes section 471.59, subdivision 1 a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties to this Agreement are not liable for the acts or omissions of the other Parry to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Party. Article 7 Facility Funding and Construction 7.1 The plans and specifications for construction of the Facilities shall be approved by the School Board and the City Council prior to any work ~ commencing on the project. All substantial modifications to the approved Facilities design that occur durin'~' c`b~~ c ion shall be approved by both Parties in a timely manner so as not to unreasonably delay the project. Oversight and management of the construction project shall be undertaken by the District. 7.2 The initial cost of constructing the Facilities shall be born by both Parties, with the City contribu~~ig~~3.5 million and the District contributing up to $4.4 million ("Construction Funds"). Additional City contributions to the initial construction cost shall be made only after City approval of the additional cost. 7.3 The plans, specifications and division of costs for all subsequent capital improvement projects concerning the Facilities shall be approved by the governing bodies of both Parties prior to construction of the capital improvements. 7.4 Each party shall establish and maintain a dedicated Capital Improvement Fund ("CIF"} for their respective portions of the Facilities. The Parties shall contribute $ per to their respective CIFs to fund future improvements to the Facilities. To the extent any Construction Funds remain following final completion of the Facilities, the remaining portion of each Party's funds shall be deposited in the Party's respective CIF. 7 7.5 CHRC shall not have authority to issue bonds or otherwise incur debt. Article 8 Term This Agreement shall commence upon approval of the governing body of each Party and signature of the official(s) with authority to bind the Party. This Agreement shall remain in effect until rescinded or terminated in accordance with the terms contained herein. Article 9 Withdrawal and Termination 9.1 The City may unilaterally withdraw from the CHRC by giving the District 180 days written notice of said withdrawal. Upon the expiration of the 180 days, the City shall be deemed withdrawn, the CHRC shall be terminated, all invoices and debt owed by the City to the District under this Agreement shall be paid in full, and the City shall relinquish all rights to, and interest in, the Facilities. Any personal property belonging to the City within the Facilities, but not permanently affixed thereto, shall be removed by the City or forfeited to the District. Upon request, the City shall furnish the District with a quit claim deed and/or a bill of sale for the Facilities and property contained therein. 9.2 The District may withdraw from the CHRC only for cause due to (i) breach of this Agreement by the City, or (ii) due to other acts or omissions by the City or its employees or agents that unreasonably interfere with the District's ability to reasonably utilize the District Gym, Exercise Room and/or related facilities. Such withdrawal by the District shall occur only after (i) giving 180 days written notice to the City of the intent to withdraw and the reasons therefore; and (ii) before or during the 180-day notice period, attempting to resolve any defaults or disputes through discussions with the Facilities Committee or through mediation. In the event the default or unreasonable interference is not remedied and the 180-day notice period expires, the District shall be deemed withdrawn, the CHRC shall be terminated, all invoices and debt owed by the City to the District under this Agreement shall be paid in full, and the City shall relinquish all rights to, and interest in, the Facilities. Any personal property belonging to the City within the Facilities, but not permanently affixed thereto, shall be removed by the City or forfeited to the District. Upon request, the City shall furnish the District with a quit claim deed and/or a bill of sale for the Facilities and property contained therein. r ~'~ (~~ ~ ~~` ~~ ~ . ~~~~d 8 IN WITNESS WEREOF, the Parties have caused this Agreement to be executed by the persons authorized to act for their respective Parties on the date shown below. City of Columbia Heights By: Gary L. Peterson, Mayor By: City Clerk Date: Independent School District No. 13 By: _ By: _ Date: Missy Lee, School Board Chair Clerk 9 2-'G' ,~~ ti ~ ~ ~ ~ ~~ - _ A-- _ .- ~, L.._. ~ _._._._. _. '~^' , 4~ ~ BACK PARKING Y.-_~ C o s c5 - .~~ i ~ a IFI Lp) ~~ r l .~ i i I t` ', Iy ~ { CANVf it Iii I :~ ~ rl- \V' , ~.- f ~ I I u 'W ~ ExISnNG SCHOOL ~ ' t~ CORRIDOR a' <<_ . ~~ ~ ~ h~' i~ EXISTING LOGKERB ~ I I ~ ~I rl , I ii i II I '' I _~II ~ I I'~l .~»i ~i ~~ ~ , I~~~ - ~ I~ , -- , ,,., ., ., .~. ,•, ~• r~l y !I ~! 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