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January 5, 2009 Work Session
590 40°' Avenue NP, Colurohia Heights, iVIN 55421-3878 (763)706-3600 TDD (763) 706-3692 l~isitorrrwebsitent: iviviv.ci.colrtntbia-hei~lt~s.m~e.rrs ADMINISTRATION IV®1'ICE ~F ~ITYC~UI~~7L I~IEE7'I1~~i X Y 7: 7C .'~ ~ :F :F ~[ X Y 3. to be held in the CITY OF COLUMBIA HEIGHTS us follows: Meeting of: COLUMBIA IIEICII'I'S CI'TI' C®UNCIL Date of Meeting: MONDAY, JANUARY' S, 2009 Time of Meeting: 7:00 P.M. Location of Meeting: C®NFERENCE R®®M 1 Purpose of Meeting: VV® SESSION Consent Agenda: 1. Feasibility Report -Zone 4 Street Rehab. 2. Feasibility Report -Zone 1 C & 3B Seal Coating 3. Water Emergency and Conservation Pian Discussion: 1. Ramsdell Park Master Plan 2. Hilltop Trailer Sales lot acquisition 3. Audit clean-up 4. Hire phone consultant for Public Safety Building 5. City Council meeting calendar 6. Board & Commission liaison positions 7. 2008-2009 Budget issues !ttayor Gnrt~L. Pederson Councilmembers RuGerl A. IY'illiaui.r Bruce Nnwrucki Tumrnera Diehm Bruce ,iclzenherg City b7anagcr Halter R. Felts! The City of Columbia Heights does not discriminate on the basis of disability in the adnussion 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 >ll advance. Please call the City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) (~ 1` C~T~' C®UI~CII. LE'I"I'ER Meeting of: 1/05/09 AGENDA SECTION: WORKSESSION ~ ORIGINATING DEPARTMENT: ~ CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2009-xx ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 4 STREET DATE: 12/30/20 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0902 Background: Staff has developed preliminary plans and prepared the Feasibility Report for the Zone 4 of the Annual Street Rehabilitation Program. The ?009 Project Area is bounded by University Avenue on the west and Cenh•al Avenue on the east, 48`h Avenue on the south and extending to 53`d Avenue at the North Corporate Limit. Analysis /Conclusions: Attached is the Feasibility Report that details the scope of work for Street Rehabilitation in Zone 4. Particular issues are summarized below: 1. Rehabilitation Strategies: Three treatment strategies are utilized in the street rehabilitation program: mill and overlay, partial reconstruction, and frill reconstruction. In each Zone, full and partial reconstruction or mill and overlay is proposed for the street identified on the attached area map. A fourth strategy, seal coating, is addressed under separate engineering reports when seal coating work is proposed. Staff utilizes three methods in evaluating the condition of the street and determining appropriate treatment: 1. Present physical structure (cross-section): Each street within the Zones has been excavated down to their sub-base material and the individual street segment cross-sections are catalogued. 2. Non-destructive strength determination and condition rating: Braun Intertec, a geo-technical engineering consultant, conducted tests on all streets at 50-foot intervals with a dropping weight deflection test. From this, the strength of the road segment is determined. Braun also developed their own pavement conditions index. 3. Overall Condition Index (OCI): Staff also reviews each street segment by measuring the type and quantity of each type of cracking in the pavement. This information along with other factors such as drainage and physical structure is used to determine an "overall condition index". The results are then used to determine the appropriate treatment to maximize the life of the street. 2. Utilities Replacement: Utilities have been reviewed in Zone 4 and the attached area map represents where staff is recommending COUNCIL ACTION: C'ITI' CG~Il~tC~~ I~ET'I'ER Meeting of: 1/05/09 AGENDA SECTION: WORKSESSION ITEM: RESOLUTION 2009-xx ACCEPTING THE FEASIBILITY REPORT FOR ZONE 4 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0902 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 12/30/2008 DATE: Continued -Page 2 replacement of water main. Staff utilized televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in determining utility replacements. Although the water mains were installed in the early to mid-1960's, replacement of these main is recommended due to the number of water main breaks experienced over the years. 3. Assessment Methodology: Previously, street Rehabilitation Zones I, 2 and 3 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program and in Zones 4, 5, 6A, 6B, 7A, 7B and 1 A, a "unit" assessment methodology was employed rather than using a "front foot" rate basis. The area of Columbia Heights in Zones 1 and 2 is essentially a block type development pattern with streets and avenues. The existing assessment policy for this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the frill frontage. The area in Zone 3 has primarily curved streets and uses only "street" frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it has been my experience that the court system has accepted this rationale from an appeal basis. Going to a unit basis methodology would still create different rates for street and avenue dependent upon the type of treatment the adjacent avenues receive. 4. Scope of Work: The work in Zone 4 is recommended mainly in the west half of the Zone area as depicted on the attached map. In the last rehab cycle in 2000 the work was focused in the east half of the Zone. For 2009, the only full reconstruction is recommended for 5`" Street from 49`x' to 50`x' Streets and Mill and Overlay is recommended for four street segments on the streets shown. Due to their condition, all other streets in Zone 4 are recommended for a seal coat. Streets that were rehabbed in 1997 would receive a seal coat at no cost to the property owner following the Program Policy. The cost sharing policy provides a 50/50 cost share for full reconstruction streets, 70/30 for partial reconstruction and 85/15 for mill & overlay. COUNCIL ACTION: CI'T'Y C~3UNCIL LE'I"I'EIt Meeting of: 1/12/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: RESOLUTION 2009-xx ACCEPTING THE BY: K. Hansen FEASIBILITY REPORT FOR ZONE 4 STREET DATE: 12/30/2008 REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0902 Continued -Page 3 CITY MANAGER BY: DATE: 5. Financing: Street Rehabilitation Zone 4: The cost sharing policy provides a 50/50 cost share for full reconstntction streets, 70/30 for partial reconstruction and 85/15 for mill & overlay. The estimated construction costs are as follows: 1. Full street reconstruction: $ 179,400. 2. Mill & Overlay reconstruction: $ 125,200. 3. Utilities: $ ** Project funding is proposed as follows: Assessments: $ 196,500. Infrastructure Fund (Constntction): $ 108,200. Infrastnicture Fund (Engineering and Admin): $ 27,500. Sanitary Sewer Fund: $ ** Water Construction Fund: $ ** Stone Sewer Fund: $ ** The costs and associated funding for utility work (**) will be further developed during the final design. 6. Past Assessments: Zone 4 has areas that have had improvements assessed in the last 10 years on the proposed program area streets. 7. Concurrent Projects: None S. Utility Issues: Staff has evaluated both the sanitary sewer system and the storm sewer system for maintenance needs or improvements. The sanitary sewer main system has been cleaned and televised by staff and the reports indicate that overall the condition of the piping is acceptable with minor corrective recommendations by COUNCIL ACTION: CI'T'Y C®fJNCIL I.ETTFR Meeting of: 1/12/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2009-xx ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 4 STREET DATE: 12/30/2008 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0902 Continued -Page 4 staff. The report does provide deficiencies several catch basins in Zone 4 and minor pipe replacements. Staff is recommending replacement of stn~chtres and piping due to deteriorated block or brick construction and concrete pipe. Staff has also conducted an age survey of water service lines in areas where the water main will be replaced on 5`h Street and replacement of sub-standard water service lines is anticipated. Staff recommends inoperable stop boxes be replaced and assessed to the benefiting properties for the actual construction cost. Approximately 7 lead service lines have also been found on 5`~' Street from 49"' to 48`x' Avenues and are recommended for replacement with code compliant water service lines under this work. 9. Meeting Dates: Staff has established the following meeting dates: Resident Informational: February 2009 Public Hearing: March 2°~, 2009 Recommended Motion: Move to waive the reading of Resolution 2009-xx, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2009-xx, which accepts the Feasibility Report for Zone 4 Street Rehabilitation, City Project No. 0902, and calling for the Public hnprovement Hearing beginning at 7:00 p.m. on March 2°d, 2009. KH : cb Attachments: Resolution 2009-xx Feasibility Report Map COUNCIL ACTION: i f ~~. \ ~~ >~1 ---~- City of Columbia Heights ENGINEERING D.EPA1 ~ T1'v1ENT 637 38`h Avenue NE, Columbia Heights, MN 55421 763-706-3700 ®®® 763-706-3701 (Fax) ~'I' EZ' A I~rTr~1,l~t I P VE E1~1'T~ CI~I1 Irk EIGIJT~, 1~11~iES 'I'A ZNE PIgJEC'I' ~1[TIVIBE 0902 LOCATION: Z®NE 4 -AREA BOUNDED BY UNIVERSITY AVENUE SERVICE DRIVE TO CENTRAL AVENUE, 48TH AVENUE TO 53RD AVENUE This feasibility study includes an analysis of proposed street rehabilitation within Zone 4. IMPROVEMENTS: Full Street Reconstruction - Concrete curb and gutter, granular sub-base if needed, new aggregate base and new bituminous surfacing. INITIATION OWNERS ABUTTING OR IMPACTED Mill and Overlay Random curb and gutter replacement as required, and new 1'/z" to 2'/z" bituminous surface. Utility Constriction - Water main construction and replacement as required to improve or maintain the distribution system. Sanitary sewer replacements and repairs as required to maintain the collection system. Storm sewer construction and repairs as required to improve or maintain the collection system. City Council in accordance with the Street Rehabilitation Policy. Full Street Reconstruction 1. 5`h Street Mill and Overla 1. 7`t' Street 2. 48`'' Avenue 3. 50`'' Avenue 4. 5 I S` Avenue 49`x' Avenue to 50t1i Avenue (26) 52"d Avenue to 53`d Avenue (2I) Jefferson Street to Monroe Street (30) Jefferson Street to Monroe Street (43) 6`h Street to 7"' Street (26) ISSUES: The following is a study of the key project issues. Street Reconstruction The proposed roadway would consist of a two lane bituminous cross section with concrete curb and gutter. The roadway width would generally match the existing street width. Mill and Overlay The proposed construction would consist of milling up to 1'h" of bihminous cross section and paving a new 1'/2" to 2'/2" bituminous mat. Existing concrete curb and gutter would be preserved except for sections with poor drainage. Driveway openings with drive-over curbs will be removed and replaced on a lineal foot cost at the request of property owners. Utilities Water main replacement is proposed for 5`" Street. Staff is estimating approximately 18 water services may need to be replaced on 5`~' Street. This is based on the number of homes built before 1950. The type and size of water service is field verified during construction. Any water service other than 3/ " or larger copper is replaced. Inoperable stop boxes will be repaired/replaced. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Sidewalk City staff recommends hazardous sidewalk within Zone 4 be replaced as part of the project. T11e criteria for hazardous sidewalk is defined in the City's policy. The cost is approximately $10,000, spread over 53 properties. The cost per single family property ranges from $70 to $1,040. The majority of the sidewalk replacement is not adjacent to streets included in the 2009 Street Rehabilitation program. Staff recommends the cost for hazardous sidewalk replacement be absorbed by the Infrastructure fund. City staff also recommends that sidewalk be extended from 6`'' Street and 52"d Avenue, one block east and one block north to 7`h Sh•eet and 53`d Avenue in accordance with the Parks and Trails plan. The cost to construct this sidewalk would be in the range of $15,000 to $20,000. FEASIBILITY: The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: Constniction is scheduled to begin in late spring of 2009, with substantial completion occurring in the late summer of 2009. Council receives draft Feasibility Report January 5 Council receives final Feasibility Report and orders Public Improvement Hearing January 12 Public Informational meeting prior to Public Improvement Hearing February Public Improvement Hearing and Council orders Public Improvement Project March 2 Council Approves Plans and Specifications, Authorizes Advertisement for Bids March 9 Bid Opening April 21 Council Awards Contract April 27 Begin Construction May 18 Construction Completed August 28 FINANCING: Financing would be a combination of assessments to benefitted properties, infrastnicture fund including Municipal State Aid funds (population apportionment}, and utility fiznds. The estimated construction costs for each option are as follows: Type of Construction Proposed Assessments Infrastructure Fund Full Reconstruction $ 89,700. $89,700. Mill and Overlay $106,713. $18,479. (Engineering and Admen) $27,508. The assessments reflect a flat fee of 10% of the construction cost included in the amount to assess for a portion of the Engineering and Administration costs. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Utility work performed as part of the Zone 4 project will be paid for from the appropriate utility fund. Proposed sidewalk consh•ttetion/repair is not included in the infrastructure fiend amount. ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1 /3 of the street rate extending '/z 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. 2009 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PRO3ECT NO. 0902 ZONE 4 STREET REHABILITATION PROGRAM (Section 26, T30N, R24V~ I. FULL RECONSTRUCTION Estimated Cost: $179,400. Assessable Construction Cost: $ 89,700. Estimated Assessed Cost per Parcel Residential Street: $3,450. Residential Avenue: $1,150. II. MILL AND OVERLAY Estimated Cost: $125,192. Assessable Construction Cost: $106,713. 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L -,E~._s - i .,#~__ -- +.., I i. nine a ~ niea I ° `e'~ea [ ~~ d7d7 tl 4744 q ~! I 4?57 1 s r € : r ~ s _ r s LEGEND Full Street Reconstruction Eew.=} Partial Street Reconstruction Mill and Overlay Water Main Replacement Sanitary Sewer Main Repairs Sanitary Sewer Manhole ReplacementlRepair Storm Sewer Main Construction Storm Sewer Manhole ConstructionlRepair ;~ Potential Water Service ~ _- Replacement ®- - "- Potential Water Service 'i- Stopbox Replacement NOTE: The proposed Sanitary and Storm Sewer construction is not shown. t CITY OF COLUMBIA HEIGHTS ! GIS! ENGINEERING DEPARTMENT ~~~-°r Map Date; November, 2008 Map Author: K Young € ! C. ~- CITY C®iJ1~tCIL, I,ET'TER Meeting of: 1/05/09 AGENDA SECTION: WORKSESSION NO: ITEM: ADOPT RESOLUTION 2009-xx ACCEPTING THE FEASIBILITY REPORT FOR ZONE IC AND 3B STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0901 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen ~ BY: DATE: 12/30/200 DATE: Background: Staff has developed preliminary plans and prepared a Feasibility Report for Zone l C and 3B of the Annual Seal Coat Program. The Seal Coat area is located between Central Avenue and Taylor Street from 45`'' to 47`'' Avenues (Zone 1 C), on all bituminous streets north of 49`x' Avenue between Central Avenue and Stinson Boulevard (Zone 3B) and on Stinson Boulevard south of 45`h Avenue. In accordance with the Street Rehabilitation Policy, Zone 1 and 3 streets that were rehabilitated in 1997 and 1998 are being seal coated at the City's cost (City pays for first seal coat). Streets included in the 2007 Street Rehabilitation program will not be seal coated until the next rehab cycle (Tyler Street north of 49`h Avenue). The map included with the Feasibility Report displays the streets proposed for Seal Coat and the funding source. Analysis/Conclusions: The seal coat program helps preserve and maintain existing bituminous streets in good driving condition. Particular issues are summarized below: 1. Assessment Methodology: The Seal Coating project will be 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 $289.00 per Street parcel and $96 per Avenue parcel. 2. Financing: The estimated construction cost is $55,000. 100% of the seal coat construction cost is assessed to property owners, or City funded for the first rehab cycle following rehabilitation. 3. Meeting dates: Staff is recommending the public improvement hearing be scheduled following the Council meeting on March 2°d, 2009. COUNCIL ACTION: CI`TI' C®I11yCIL LETTER Meeting of: 1 /05/09 AGENDA SECTION: WORKSESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2009-xx ACCEPTING BY: K. Hansen BY: THE FEASIBILITY REPORT FOR ZONE IC AND 3B DATE: 12/30/2008 DATE: STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0901 Continued -Page 2 The bidding process will be administered by the City of Coon Rapids as part of a multi-City JPA for various street maintenance activities. Recommended Motion: Move to waive the reading of Resolution No. 2009-xx, there being ample copies available to the public Recommended Motion: Move to adopt Resohrtion No. 2009-xx, being a Resolution accepting the Feasibility Report for Zone 1C 3B, City Project 0901, and calling for the Public Improvement Hearing beginning at 7:00 p.m. on March 2nd, 2009. Attaclunent(s): Feasibility Report KH:cb COUNCIL ACTION: ~~i I ~! ' ~ ~~ ~ ~~ ,~ 1 r City of olumbia Heights ~°~' ENGINEERING DEPARTMENT 637 38`h Avenue NE, Columbia Heights, MN 55421 763- 706-3 700 ®®® 763- 706-3 701 (Fax) Tit LT SEAL C A'I' VE 'I'~ Z NE 1 C A1~1 3~ C I~IJ Irk EIG 'TS, DIES ~'A PR®JEC'T h1U1VIBER 0901 LOCATION: The following local bituminous streets in Zone 1 C are included: Tyler Street 45th Avenue to 47th Avenue Polk Street 45t~' Avenue to 47th Avenue 46`h Avenue Central Avenue to Taylor Street The following local bituminous streets in Zone 3B are included: Central Avenue Frontage Road South of 50`h Avenue to 51St Court 51St Court North Upland Crest Pennine Pass to Stinson Boulevard The following local bituminous streets were removed from the project in 2008 and are included in this project: Khyber Lane Filhnore Street to Cul-de-sac Stinson Boulevard 45`'' Avenue to Cul-de-sac 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 197. This is comprised of 196 privately-owned parcels and 1 City-owned parcel. OWNERS 1. Tyler Street 45th Avenue to 47th Avenue (35) IMPACTED: 2. Polk Street 45th Avenue to 47th Avenue (42) 3. 46th Avenue Central Avenue to Taylor Street (56) 4. Central Ave Frontage Road South of 50th Avenue to Sls` Court (4) 5. 51St Court (6) 6. North Upland Crest Pennine Pass to Stinson Boulevard (27) 7. Khyber Lane Fillmore Street to Cul-de-sac (11) 8. Stinson Boulevard 45`x' Avenue to Cul-de-sac (16) ISSUES: The City Council identified the need to preserve and maintain the existing bituminous streets and extends the life of the pavement in good driving condition. FEASIBILITY: The improvement as proposed is necessary, cost-effective, and technically feasible. The project is recommended as proposed in the study. The improvements, once completed, will be a benefit to the properties served. SCHEDULE: Construction is scheduled to begin in the spring of 2009, with substantial completion occun-ing 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 January 12 Bid Opening for Seal Coating (City of Coon Rapids) Febniary 29 Public Improvement Hearing and Council orders Public Improvement Project March 2 Columbia Heights Council Concurs with Bids March 9 Coon Rapids' Council Awards Contract April 1 Begin Construction -Bituminous Repairs (Force Account) May Begin Construction -Seal Coat (Project-wide) July or August Construction Completed (Project-wide) August 31 FINANCING: The estimated cost for Seal Coating is $54,935 (construction cost only). 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 fiont of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $289. DESCRIPTION OF WORK INVOLVED: Public Works Staff -provides bihminous 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. 2009 IMPRO~/EMEI~TT PROGRAM COLUMBIA IIEIGIITS, MINNESOTA ESTIMATED ASSESSMENTS -PROJECT 0901 ZONE 1C AND 3B STREET SEAL COATING PROGRAM (Sections ZS and 36, T30N, R24V~ Seal Coating: Estimated Cost $54,935 Estimated Cost per Parcel Street: $ 289. Avenue: $ 96. __ _ i I I~~ J o i i ~ s I' - ~;: ~ t a,,.,,", e ^t t_„^ ~'~..,t+".*,.„ "^,,, ,fit ~ dam, „e.~^ .._.. `",,,,~ , .''w'"""^ "„~' T 952......E ~:, _ ~I f I~' -^-~ i"'k'a ~ ~~ :.._~ ~~ L ~p' f:.~"*".,,~-~f `-^ t ,', ,, e e `°`k I I a s~ I~' ~ r p P i r m ~ M1 ~~~ ~ $g~, I ~ ~,81 ~ F I ~ t k Ba}~q,I~~Cy{f~ ' „,FAIR„y,~, O4 ~~,,. n .,7, ~ I~~ .~ I F Y~~ I~ ~.t ,.. P~ i~, -'c alEgN~ GN i4 I~_ ......4„...m....,.. t ..,.C_~ ~..~~~:, li,.e...~.....~m,.~..._~..e..~,m..m_..A..~.....m.;~' ' I,«. F .,' ( F ~, II j ~ ~- _ '~..,, s wax-, _ u I I~ ~I e.:GC6E.P.~. ~-~'",~' .. t ~ i:. ~ I I ~ ' _ y iv.. II "~ I"""II °".~, ~,.~..s.,aW.,w...".~..~ I _ .w„,_p...„,~._...,,_, ~..". " I ~ ,. ~r .. ~ 4 48T a1 ._ .»^^c . mil ~ ~.m ~/~ ! '~ I ...,..._ w--g~i. .~'~ ass" ~_' dl.. i ~I __ ",.~ _ ~~._.w.N _:. ~.m ~ t I asyH ~ ~^vE~ ai I....I..,. I ` - ~ I I. I i I ~, 91 ,~ ._., ll~..L. t 3 I , ~'{ ~...~, e'er,.-.~,.,.: i..........1,.........m "Y ~t erf ~OE~~ia F~eigh~~ 2009 PROPOSED SEAL COAT STREETS .~.._....,.._.._~..,~....e."..._.,.. ,.~_ ~ ................. .... .c.,.,..,......_.........,..~............~ ..... ............. w«... M....,...«.. .., w... I. ` CITY OF COLUMBIA HEIGHTS ' GIS /ENGINEERING DEPARTMENT '' /~~S '. Map Date: October, 2008 Map Author: KYoung _ ,~_ CI'I'~' COI11~iCIL LETTER Meeting of: I /05/09 AGENDA SECTION: WORKSESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2009-xx ADOPTING BY: K. Hansen BY: THE WATER SUPPLY PLAN -WATER EMERGENCY DATE: 12/30/0 DATE: AND CONSERVATION PLAN Background: The Metropolitan Land Planning Act requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. One element of these plans must address municipal water systems. Mim~esota Statute 473.859 requires Water Supply Plans (also referred to as Water Emergency and Conservation Plans) to be completed for all local units of government in the seven-county Metropolitan Area as part of the local comprehensive planning process. Additionally, Minnesota Statute 103G.291 requires all public water suppliers that serve more than 1,000 people to have a Water Supply Plan approved by the Minnesota Department of Natural Resources (DNR). See attached letter from the MNDNR dated May 13, 2005 detailing the submittal requirements for the City Water Supply Plan. Analysis/Conclusions: Staff prepared the Columbia Heights' Water Supply Plan on the required template and submitted it to the MNDNR and Metropolitan Council by the due date of October 15`x', 2007. After responding to comments and revising the plan, the plan was resubmitted with and approved by the DNR and Met Council in May of 2008 -reference attached letter from the MNDNR. The Water Supply Plan consists of four parts: Part 1: Water supply system description and evaluation Part 2: Emergency response procedures Part 3: Conservation plan Part 4: Metropolitan Land Planning Act requirements. Part 1 provides detail on historic and current demand and supply and trends. This information is then used to develop Emergency response procedures and Conservation plamling in sections 2 and 3. Section 2 also defines procedures for demand reduction based on stages of severity as defined in table 9. Section 3 includes regulatory and educational measures intended to reduce the demand for water. Columbia Heights current consumption is well below local and national averages per capita and peak demand. COUNCIL ACTION: CITI' C(~i1I~1CIL I,>C'TTER Meeting of: 1/05/09 AGENDA SECTION: WORI<SESSION I ORIGINATING DEPARTMENT: (CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2009-xx ADOPTING BY: K. }}ansen BY: THE WATER SUPPLY PLAN -WATER EMERGENCY DATE: 12/30/08 DATE: AND CONSERVATION PLAN Continued -Page 2 Recommended Motion: Move to waive the reading of Resolution No. 2009-xx, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-xx, being a Resolution approving the Columbia Heights Water Supply Plan -Water Emergency and Conservation Plan. Attachment(s): MNDNR Letters Water Emergency and Conservation Plan KH:cb COUNCIL ACTION: /' ~.!" ~~pF MINNF ~P ~ s~~ IVlinnesota Department of Natural Resources ~ ~ - ' 9 o ` ii ~y ~ I ~ '~ ; U 500 Lafayette Road 9~ (~ ~ JQ St. Paul, Minnesota 55155-40_ ~~2r ~...' e``~o pF NATUR P~ May 13, 2005 ` - Dear Public Water Supplier: WATER EMERGENCY AND CONSERVATION PLANS Minnesota Statutes 103G.291, require public water suppliers serving more than 1,000 people to have a Water Emergency and Conservation Plan approved by the Deparhnent of Natural Resources (DNR). A Water Supply Plan is also a required element of Metro Area Community Local Comprehensive Plans. Plans were initially due January 1, 1996 and are required to be updated every ten years. A number of changes have been made for the second generation of plans. Enclosed is a copy of the template for developing your Water Emergency and Conservation Plan and Metropolitan Council Water Supply Plan. Electronic copies of the template along with other materials for developing for a plan are available at the DNR Waters web site: www.dnr.state.mn.us/waters. The first generation of Water Emergency and Conservation Plans were due January 1, 1996, but having all the plans submitted at the same time was problematic due to the tremendous workload and limited DNR staffing. To address this issue a schedule was established to spread out the review of plans over three years. The due date for your plan is: COLiJ1VIBIA FIGHTS, CITY OF -October 15`x, 2007 Plans can be submitted for approval prior to the due date. Please contact the DNR Area Hydrologist (see attached list) for the county in which your community is located if you have questions or concerns regarding the due date for your plan. The instructions included with the plan provide information on where to submit the plan. For Metropolitan Area communities, the Water Supply Plan is a required element of their Local Comprehensive Plan and will be due with all other elements in 2008. The Water Supply Plan should be submitted to the Metropolitan Council at the same time the Water Emergency and Conservation Plan is submitted for the DNR due date. If forecasts change before submittal of the 2008 Comprehensive Plan an amended water supply plan will need to be included at that time. Please contact Chris Elvrum at (651) 602-1066 if you have questions about the Metropolitan Council's requirements. If you have any questions, please feel free to contact Joe Richter at 651/296-0512 or the Area Hydrologist for the county in which your community is located. Sincerely, DNR Waters James Japs Assistant Director DNR Infonnatiun:65I-396-6157 I-~R8-6=t6-667 ~ TTY: 6~I-396-5=t84 ~ I-X00-C,57-~9?9 ~*~. -.~ \n Fyual Ohhununii~ lmhluver t'rinietl tin Reevcl~tl N;q~~~r Cnnt:unin^_ a \~lininuun tt( IO`,r Piet-Cumumet \~hutc Minnesota Department of natural Resources PMinnesota Central Region Waters - 1200 Warner Road, St. Paul, MN 55106-6793 ~ a , ~' Telephone: (651) 259-5845 Fax: (651) 772-7977 ' ~ ~~';~~ p ~_- M~~ ~ 20OS NATURALRESOURCES ~~~~~~~ Apri130, 2008 Kevin Hansen, Public Works Director City of Columbia Heights 590 40t1i Avenue NE Columbia Heights, Minnesota 55421 RE: CITY OF COLUMBIA HEIGHT'S WATER SUPPLY PLAN -FINAL APPROVAL Dear Mr. Hansen: We are in receipt of your revised Water Supply Plan. This revised Plan contains all of the changes requested in Kate Drewry's letter to you of February 14, 2008. With these changes to the Plan, I am pleased to advise you that in accordance with Minnesota Statutes, Section 103G.291, Subdivision 3, and on behalf of the Commissioner of Natural Resources, your Plan is hereby approved. This approval is effective upon the Department's receipt of a completed copy of the attached "Certification of Adoption" form. Please return the form to my office when it has been completed and signed. Thank you for you efforts in planning for the future of Columbia Heights' water supply and for conserving the water resources of the State of Minnesota. Sincerely, ~~~ Dale E. Homuth Regional Hydrologist Enclosure c: TKDA, Michelle Stockness Minnesota Department of Health, Bruce Olson Anoka County, Environmental Service Department Six Cities WMO, Jean Keely Rice Creek Watershed District, Doug Thomas Metropolitan Council, Chris Elvrum Jim Japs, Assistant Director Lam-el Reeves, Water Appropriation Program Manager Kate Drewry, Area Hydrologist Central Waters; SWUDS and Appropriation Permits v~ww.d nr.state. mn.us AN EQUAL OPPORTUNITY EMPLOYER PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE DEPARTMENT ®F NATURAL RESOURCES - DIVISION OF WATERS and METROPOLITAN COUNCIL WATER EMERGENCY AND CONSERVATION PLANS These guidelines are divided into four parts. The first three parts, Water Supply System Description and Evaluation, Emergency Response Procedures and Water Conservation Planning apply statewide. Part IV, relates to comprehensive plan requirements that apply only to communities in the Seven-County Twin Cities Metropolitan Area. If you have questions regarding water emergency and conservation plans, please call (651) 259-5703 or (651) 259-5647 or e-mail your question to wateruse(a?,dnr.state.mn.us. Metro Communities can also direct questions to the Metropolitan Council at watersup~ly(a~metc.state.mn.us or (651 } 602-1066. DNR Water Appropriation Permit Number s) MDH ID No. 1020016, DNR ID No. 1978-6216 Name of Water Su Tier City of Columbia Heights Address 590 40th Avenue NE Contact Person Kevin Hansen, P.E. Title Director of Public Works Phone Number (763} 706-3705 E-Mail Address Kevin.Hansen ci.columbia-hei ts.mn.us PART I. WATER SUPPLY SYSTEM DESCRIPTION AND EVALUATION The first step in any water supply analysis is to assess the current status of demand and supplies. Information in Part I, can be used in the development of Emergency Response Procedures and Conservation Plans. A. ANALYSIS OF WATER DEMAND. Fill in Table 1 for the past 10 years water demand. If your customer categories are different than the ones listed in Table 1, please note the changes below. TA]~LE 1 Y3istoric Water Demand r t W Percent Average Maximum Residential Total gallons/ Year Total Population Population Served Total Connections Residential Water Sold G C/IJI Water Sotd G Wholesale Deliveries G Total Water Sold (MG)* a e Total Purchased G * Unmetered/ Unaccounted Demand GD Demand GD NA gaftons/ ca ita/da 82 6 capita/day 95 6 1997 18699 18699 6268 563.8 88.8 - 652.6 NA NA 1.79 NA . 2 79 . 92 0 1998 18699 18699 6268 540.3 87.6 - 627.9 NA NA 1.72 . 4 70 . 6 83 1999 18699 18633 6375 480.7 89.9 - 570.6 NA NA 1.56 NA . 70 5 . 82 6 2000 18520 18520 6697 476.7 81.5 - 558.2 NA NA 1.53 NA . . 2001 18529 18529 6333 472.1 85.9 558.0 NA NA 1.53 NA 69.8 70 3 82.5 82 9 2002 18698 18698 6346 479.8 86.3 56b.1 272.9 NA 1.55 NA . 72 1 . 84 9 2003 18698 18698 6357 491.8 87.5 - 579.3 335.0 NA 1.59 NA . 9 66 . 3 79 2004 18600 18600 6378 454.2 84.2 538.4 360.9 NA 1.48 NA . . Zoos 18261 18261 6388 441.7 85.9 527.6 492.8 NA 1.45 2.63 66.3 8 79.2 5 79 2ao6 18261 18261 6415 445.3 84,3 529.6 486.7 NA 1.45 2.56 66. . MG-Million Gallons MGD -Million Gallons per Day C!I/I- Commercial, Industrial, Institutional, Government ~• i ~ Lri ~-~~' *See Appendix NA -Not Available or Not Applicable Residential. Water used for normal household purposes, such as drinking, food preparation, bathing, washing clothes and dishes, flushing toilets, and watering lawns and gardens. Institutional. Hospitals, nursing homes, day care centers, and other facilities that use water for essential domestic requirements. This includes public facilities and public metered uses. You may want to maintain separate institutional water use records for emergency planning and allocation purposes. Commercial. Water used by motels, hotels, restaurants, office buildings, commercial facilities, both civilian and military. Industrial. Water used for thermoelectric power (electric utility generation) and other industrial uses such as steel, chemical and allied products, food processing, paper and allied products, mining, and petroleum refining. Wholesale Deliveries. Bulk water sales to other public water suppliers. Unaccounted. Unaccounted for water is the volume of water withdrawn from all sources minus the volume sold. Residential Gallons per Capita per Day =total residential sales in gallons/population served/365 days Total Gallons per Capita per Day =total water withdrawals/population served/365 days NOTE.• Non-essential water uses defined by Minnesota Statutes ] 03G.291, include lawn sprinkling, vehicle washing, golf course and park irrigation and other non-essential aces. Some of the ahnve categories also include non-essential uses of water. *NOTE: A new master meter has been installed to measure and record purchased water volumes. 2 Water Use Trends. Discuss factors that influence trends in water demand (i.e. growth, weather, industry, conservation). if appropriate, include a discussion of other factors that affect daily water use, such as use by non-resident commuter em to ees or large water consuming industry. The average daily water demand has decreased due to large areas of redevelopment and changes in population mix. TABLE 2 Large Volume Users -List the top 10 lamest users. Customer Gallons er ear % of total annual use School District 10,562,000 2.0 LaBelle Park 8,372,400 1.6 Parkview Villa 6,210,000 1.2 Medtronic Inc 4,815,000 0.9 Royal Place 3,239,000 0.6 Columbia Village 3,002,000 0.57 Midwest Mgmt 2,940,000 0.56 Jeff's, Bobby, & Steve's 2,744,000 0.52 Lacasita 2,625,000 0.50 Boulevard A is 2,393,000 0.45 B. TREATMENT AND STORAGE CAPACIT'L'. TABLE 3(A) Water Treatment Water Treatment Plant Ca aci 200 MG Gallons er da Describe the treatment process used (ie, softening, chlorination, fluoridation, Pe/Mn removal, reverse osmosis, coagulation, sedimentation, filtration, others). Also, describe the annual amount and method of disposal of treatment residuals, if any. The City of Columbia Heights purchases treated water from the City of Minneapolis. The total water used in the Columbia Heights water system is small in comparison to the water demand which is served by the Minneapolis system. The Minneapolis treatment process includes softening, coagulation, sedimentation, filtration, membrane filtration, chlorination, and fluoridation. TABLE 3(B) Storage Capacity -List all storage structures and capacities. Total Stora e Ca achy Average Da Demand (average of last 5 years 6,450,000 Gallons 1,500,000 Ga llons er day T e of Structure Number of Structures Gallons Elevated Storage 1 250,000 Ground Storage 1 Leased from MPLS water 6,200,000 Other: 3 C. WATERS®IJRCES. List all groundwater, surface water and interconnections that supply water to the system. Add or delete lines to the tables as needed. TABLE 4(A) Total Water Source Capacity for System (excluding emergency connections} Total Capacity of Sources 139,000 Gallons per minute Firm Capac~ (largest pump out of service} 124,000 Gallons per minute TABLE 4(B) Groundwater Sources -Copies of water well records and well maintenance information should be included with the public water supplier's copy of the plan in Attachment . If there are more wells than space provided or multiple well fields, please use the List of Wells template (see Resources) and include as Attachment Well # or name Unique Well Number Year Installed Well & Casing De th ft) Well Diameter in) Capacity (GPM) Geologic Unit Status None N.A. Status: Active use, Emergency, Standby, Seasonal, Peak use, etc. GPM -Gallons per Minute Geologic Unit: Name of formation(s), which supplies water to the well TABLE 4(C) Surface Water Sources Intake ID Resource name Ca act GP11~I/MGD Mississi i River (See Appendix} 200 MGD GPM -Gallons per Minute MGD -Million Gallons per Day TABLE 4(D) Wholesale or Retail Interconnections -List interconnections with neighboring suppliers that are used to supply water on a regular basis either wholesale or retail. Water Su 1 S stem Ca act GPM/1VIGD) Wholesale or retail None GPM -Gallons per Minute MGD -Million Gallons per Day TABLE 4(E) Emergency Interconnections -List interconnections with neighboring suppliers or private sources that can be used to supply water on an emergency or occasional basis. Suppliers that serve less than 3,300 people can leave this section blank, but must provide this information in Section II C. Water Su 1 S stem Ca act (GP1VI/MGD) Note an limitations on use New Bri ton 0.85 MGD Both cities must open the connection Minnea olis-Columbia Communications Required Heights Reservoir 3.0 MGD GPM -Gallons per Minute MGD -Million Gallons per Day 4 D. DEMAI~tD PROJECTIONS. TABLE S Ten Year Demand Projections Year Poputation Served Average Day Demand GD) Maximum Day Demand (MGD Projected Demand GY) 2007 18695 1.52 2.7 554.8 2008 19130 1.55 2.8 565.5 2009 19565 1.59 2.9 580.4 2010 20000 1.62 2.9 591.3 2011 20140 1.64 2.9 598.6 2012 20280 1.65 3.0 602.3 2013 20420 1.66 3.0 605.9 2014 20560 1.67 3.0 609.6 2015 20700 1.68 3.0 613.2 2016 20840 1.69 3.0 616.9 MGD -Million Gallons per Day MGY -Million Gallons per Year Projection Method: Describe how projections were made, (assumptions for per capita, per household, per acre or other methods used}. Met council population projections used. Multiplied by prior 5-year average gallons/capita day (81.2 gped) Max Day = 1.8 x average day. E. RESOURCE SUSTAINABILITY Sustainable water use: use of water to provide for the needs of society, now and in the future, without unacceptable social, economic, or environmental consequences. Monitoring. Records of water levels should be maintained for all production wells and source water reservoirs basins. Water level readings should be taken monthly for a production well or observation well that is representative of the wells completed in each water source formation. If water levels are not currently measured each year, a monitoring plan that includes a schedule for water level readings must be submitted a -~"tee-hnu~- TABLE 6 Monitorin Wells -List all wells being measured. Unique well number Type of well (production, observation) Frequency of Measurement Bail , monthl etc. Method of Measurement (steel to e, SCADA etc. None NA J Water Level Data. Summarize water level data including seasonal and long-term trends for each ground and/or surface water source. If water levels are not measured and recorded on a routine basis then provide the static water level (SWL) when the well was constructed and a current water level measurement for each production well. Also include all water level data taken during well and pump maintenance. Ground Water Level Monitoring -DNR Waters in conjunction with federal and local units of government maintain and measure approximately 750 observation wells around the state. Ground water level data are available online www.dnr.state.mn.us/waters. Information is also available by contacting the Ground Water Level Monitoring Manager, DNR Waters, 500 Lafayette Road, St. Paul, MN 55ISS-4032 or call (651) 259-5700. Natural Resource Impacts. Indicate any natural resource features such as calcareous fens, wetlands, trout streams, rivers or surface water basins that are or could be influenced by water withdrawals from municipal production wells. Also indicate if resource protection thresholds have been established and if mitigation measures or management Tans have been develo ed. There are no known natural resources which are being affected by Columbia Heights water use. Sustainability. Evaluate the adequacy of the resource to sustain current and projected demands. Describe any modeling conducted to determine im acts of rojected demands on the resource. The water consumption on the Columbia Heights and Minneapolis system has decreased and is not expected to reach historic levels any time in the near fuhire. Source Water Protection Plans. The emergency procedures in this plan are intended to comply with the contingency plan provisions required in the Minnesota Department of Health's (MDH) Wellhead Protection (WHP) Plan and Surface Water Protection (SWP) Plan. Date WHP Plan Ado ted: Not required . Date for Next WIIP U date: SWP Plan: ^ In Process ^ Com feted ^ Not A licable F. CAPITAL IMPRO~EMEI~iT PLAI®1 (CIP) Adequacy of Water Supply System. Are water supply installations, treatment facilities and distribution systems adequate to sustain current and projected demands? ®Yes ^ No If no, describe any potential capital improvements over the next ten years and state the reasons for the proposed changes (CIP Attachment B). Proposed Water Sources. Does your current CIP include the addition of new wells or intakes? ^ Yes ®No If yes, list the number of new installations and projected water demands from each for the next ten years. Plans for new production wells must include the geologic source formation, well location, and proposed pumping capacity. Water Source Alternatives. If new water sources are being proposed, describe alternative sources that were considered and any possibilities of joint efforts with neighboring communities for development of supplies. I There are currently no plans to use alternative sources of water for Columbia Heights system. Preventative Maintenance. Long-term preventative programs and measures will help reduce the risk of emergency situations. Identify sections of the system that are prone to failure due to age, materials or other problems. This information should be used to prioritize capital improvements, preventative maintenance, and to determine the types of materials (pipes, valves, couplings, etc.) to have iri stock to reduce repair time. The major portion of revenue received from the sale of water is paid to the City of Minneapolis for purchase of water. The remaining portion of revenue is used to maintain the City's distribution system and a modest replacement fund. 7 PART II. EMERGENC~1' RESP®NSE PR~CECURES Water emergencies can occur as a result of vandalism, sabotage, accidental contamination, mechanical problems, power failures, drought, flooding, and other natural disasters. The purpose of emergency planning is to develop emergency response procedures and to identify actions needed to improve emergency preparedness. In the case of a municipality, these procedures should be in support of, and part of, anall-hazard emergency operations plan. If your community already has written procedures dealing with water emergencies we recommend that you use these guidelines to review and update existing procedures and water supply protection measures. Federal Emergency Response Plan Section 1433(b) of the Safe Drinking Water Act as amended by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188, Title N -Drinking Water Seciu-ity and Safety) requires community water suppliers serving over 3,300 people to prepare an Emergency Response Plan. Community water suppliers that have completed the Federal Emergency Response Plan and submitted the required certification to the IJ.S. Environmental Protection Agency have satisfied Part II, Sections A, B, and C of these guidelines and need only provide the information below regarding the emergency response plan and source water protection plan and complete Sections D (Allocation and Demand Reduction Procedures), and E (Enforcement). Provide the following information regarding your completed Federal Emergency Response Plan: Emer enc Res onse Plan Contact Person Contact Number Emergency Response Lead Kevin Hansen (763) 706-3705 Alternate Emergency Response Lead Lauren McClanahan (763) 706-371 I Emergency Res onse Plan Certification Date December 15, 1996 Operational Contingency Plan. An operational contingency plan that describes measures to be taken for water supply mainline breaks and other common system failures as well as routine maintenance is recommended for all utilities. Check here ®if the utility has an operational contingency plan. At a minimum a contact list for contractors and supplies should be included in a water emergency telephone list. Communities that have completed Federal Emergency Response Plans should skip to Section D. En-lEIZGENCY iZESP®NSE P~®CED~IaES A. Emergency Telephone List. A telephone list of emergency contacts must be included as Attachment C to the plan (complete template or use your own list). The list should include key utility and community personnel, contacts in adjacent communities, and appropriate local, state and federal emergency contacts. Please be sure to verify and update the contacts on the emergency telephone list on a regular basis (once each year recommended). In the case of a municipality, this information should be contained in a notification and warning standard operating procedure maintained by the warning point for that community. Responsibilities and services for each contact should be defined. B. Current Water Sources and Service Area. Quick access to concise and detailed information on water sources, water treatment, and the distribution system maybe needed in an emergency. System operation, water well and maintenance records should be maintained in a central secured location so that the records are accessible for emergency purposes and preventative maintenance. A detailed map of the system showing the treatment plants, water sources, storage facilities, supply lines, interconnections, and other information that would be useful in an emergency should also be readily available. Check here ^ if these records and maps exist and staff can access the documents in the event of an emergency. C. Procedure for Augmenting Water Supplies. List all available sources of water that can be used to augment or replace existing sources in an emergency. In the case of a municipality, this information should be contained in a notification and warning standard operating procedure maintained by the warning point for that community. Copies of cooperative agreements should be maintained with your copy of the plan and include in Attachment . Be sure to include information on any physical or chemical problems that may limit interconnections to other sources of water. Approvals from the MN Department of Health are required for interconnections and reuse of water. TABLE 7 (A) Public W ater Supply Systems -List interconnections with other public water supply systems that can supply water in an emergency. Water Su 1 S stem Ca aci (GPM/MGD) Note an limitations on use Minneapolis-Columbia Heights 3 MGD Communications Required Reservoir _ Both cities must o en the connection New Brighton 0.85 MGD Both cities must o en the connection GPM -Gallons per Minute MGD -Million Gallons per Day TABLE 7 (B) -Private Water Sources -- List other sources of water available in an emergency. Name Ca aci GPM/MGD) Note an limitations on use None GPM -Gallons per Minute MGD -Million Gallons per Day D. Allocation and Demand Reduction Procedures. The plan must include procedures to address gradual decreases in water supply as well as emergencies and the sudden loss of water due to line breaks, power failures, sabotage, etc. During periods of limited water supplies public water suppliers are required to allocate water based on the priorities established in Minnesota Statutes 1O3G.261. Water Use Priorities (Minnesota Statutes 103G.261) First Priority. Domestic water supply, excluding industrial and commercial uses of municipal water supply, and use for power production that meets contingency requirements. NOTE: Domestic use is defined (MN Rules 6115.0630, Subp. 9), as use for general household purposes for human needs such as cooking, cleaning, drinking, washing, and waste disposal, and uses for on-farm livestock watering excluding commercial livestock operations which use more than 10,000 gallons per day or one million gallons per year. Second Priority. Water uses involving consumption of less than 10,000 gallons per day. Third Priority. Agricultural irrigation and processing of agriculhral products. Fourth Priority. Power production in excess of the use provided for in the contingency plan under first priority. Fifth Priority. Uses, other than agricultural imgation, processing of agricultural products, and power production. Sixth Priority. Non-essential uses. These uses are defined by Minnesota Statutes 103G.291 as lawn sprinkling, vehicle washing golf course and park irrigation, and other non-essential uses. List the statutory water use priorities along with any local priorities (hospitals, nursing homes, etc.) in Table 8. Water used for human needs at hospitals, nursing homes and similar types of facilities should be designated as a high priority to be maintained in an emergency. Local allocation priorities will need to address water used for human needs at other types of facilities such as hotels, office buildings, and manufacturing plants. The volume of water and other types of water uses at these facilities must be carefully considered. After reviewing the data, common sense should dictate local allocation priorities to protect domestic requirements over certain types of economic needs. In Table 8, list the priority ranking, average day demand and demand reduction potential for each customer category (modify customer categories if necessary). Table 8 Water Use Priorities Customer Category Allocation Priority Average Day Demand (GPD) Demand Reduction Potential GPD Residential 1 1,220,000 130,000 Institutional CII Commercial CII 2 230,000 0 Industrial CII hTigation Wholesale Non-essential 6 T®TA3,~ 1, 450, 000 130, 000 GPD -Gallons per Day 10 Demand Reduction Potential. The demand redu~tio~i potential for residential use will typically be the base demand during the winter months when water use for non-essential uses such as lawn watering do not occur. The difference between summer and winter demands «~pic;~liy defines the demand reduction that can be achieved by eliminating non-essential uses. ]n extreme emergency situations lower priority water uses must be restricted or eliminated to protect first priority domestic water requirements. Short-term demand reduction potential should be based on average day demands for customer categoric, within each priority class. Triggers for Allocation and Demand Reduction Actions. Triggering levels must be defined for implementing emergency responses, including supply augmentation, demand reduction, and water allocation. Examples of triggers include: water demand >100% of storage, water level in well(s) below a certain elevation, treatment capacity reduced l0% etc. Each trigger should have a quantifiable indicator and actions can have multiple stages such as mild, moderate and severe responses. Check each trigger below that is used for implementing emergency responses and for each trigger indicate the actions to be taken at various levels or stages of severity in Table 9. ^ Water Demand ^ Water Main Break ^ Treatment Capacity ^ Loss of Production ^ Storage Capacity ^ Security Breach ^ Groundwater Levels ® Contamination ® Surface Water Flows or Levels ^ Other (list in Table 9) ^ Pump, Booster Station or Well Out of Service ® Governor's Executive Order -Critical Water Deficiency (required by statute) Table 9 Demand Reduction Procedures Condition Tri er s Actions Stage 1 Ongoing Odd-Even watering and irrigation of lawns ild Stage 2 Surface Water Follow Minneapolis requirements or odd-even watering (Moderate) Flows and irrigation of lawns Stage 3 Surface Water Total ban on irrigation of lawns and other non-essential (Severe) Flows uses. Follow Minnea olis re uirements. Critical Water Executive Order Stage 1: Restrict lawn watering, vehicle washing, golf Deficiency by Governor & course and park irrigation and other nonessential uses (M.S. 103G.291) as provided in Stage 2: Suspend lawn watering, vehicle washing, golf above triggers course and ark irrigation and other nonessential uses Note: The potential for water availability problems during the onset of a drought are almost impossible to predict. Significant increases in demand should be balanced with preventative measures to conserve supplies in the event of prolonged drought conditions. Notification Procedures. List methods that will be used to inform customers regarding conservation requests, water use restrictions, and suspensions. Customers should be aware of emer ency procedures and responses that they may need to im lenient. Public service announcements, City website, posting and newspaper 11 E. Enforcement. Minnesota Statutes require public water supply authorities to adopt and enforce water conservation restrictions during periods of critical water shortages. Public Water Supply Appropriation During Deficiency. Minnesota Statutes 163G.291, Subdivision 1. Declaration and conservation. (a) [f the governor determines and declares by executive order that there is a critical water deficiency, public water supply authorities appropriating water must adopt and enforce water conservation restrictions within their jurisdiction that aze consistent with rules adopted by the commissioner. (b) The restrictions must limit lawn sprinkling, vehicle washing, golf course and park irrigation, and other nonessential uses, and have a ro riate enalties for failure to com ly with the restrictions. An ordinance that has been adopted or a draft ordinance that can be quickly adopted to comply with the critical water deficiency declaration must be included in the plan (include with other ordinances in Attachment 7 for Part III, Item 4). Enforcement responsibilities and penalties for non-compliance should be addressed in the critical water deficiency ordinance. Sample regulations are available at www.dnr.state.mn.us/waters Authority to Implement Water Emergency Responses. Emergency responses could be delayed if city council or utility board actions are required. Standing authority for utility or city managers to implement water restrictions can improve response times for dealing with emergencies. Who has authority to implement water use restrictions in an emergency? ^ Utility Manager ®City Manager ^ City Council or Utility Board ^ Other (describe): Emergency Preparedness. If city or utility managers do not have standing authority to implement water emergency responses, please indicate any intentions to delegate that authority. Also indicate any other measures that are being considered to reduce delays for implementing 12 PART III. WATER CONSE[2VATION PLAN Water conservation programs are intended to reduce demand for water, improve the efficiency in use and reduce losses and waste of water. Long-term conservation measures that improve overall water use efficiencies can help reduce the need for short-term conservation measures. Water conservation is an important part of water resource management and can also help utility managers satisfy the ever-increasing demands being placed on water resources. Minnesota Statutes 103G.291, requires public water suppliers to implement demand reduction measures before seeking approvals to construct new wells or increases in authorized volumes of water. Minnesota Rules 61 ] 5.0770, require water users to employ the best available means and practices to promote the efficient use of water. Conservation programs can be cost effective when compared to the generally higher costs of developing new sources of supply or expanding water and/or wastewater treatment plant capacities. A. Conservation Goals. The following section establishes goals for various measures of water demand. The programs necessary to achieve the goals will be described in the following section. Unaccounted Water (calculate five ear averages with data from Table 1) Average annual volume unaccounted water for the last 5 years NA gallons Average percent unaccounted water for the last 5 years NA percent AWWA recommends that unaccounted water not exceed 10%. Describe goals to reduce unaccounted water if the avera e of the last 5 years exceeds 10%. The City's unaccounted water falls below the 10% level Residential Gallons Per Ca ita Demand (GPCD Average residential GPCD use for the last 5 years (use data from Table 1) 68.5 GPCD In 2002, average residential GPCD use in the Twin Cities Metropolitan Area was 75 GPCD. Describe goals to reduce residential demand if the average for the last 5 ears exceeds 75 GPCD. During the last ten years the residential demand has decreased from approximately 80 GPCD to approximately 66 GPCD. Total Per Capita Demand: From Table 1, is the trend in overall per capita demand over the past 10 years ^ increasing or ®decxeasing? If total GPCD is increasing, describe the goals to lower overall per capita demand or explain the reasons for the increase. Peak Demands calculate average ratio for last five ears using data from Table 1) Avera e maximum day to average day ratio 1.44/1.79 If eak demands exceed a ratio of 2.6, describe the oals for lowering eak demands. During the last 6 years the rates of high quarter water use to low quarter water use average was a roximately 1.4 to 1.0. The 2005 and 2006 Maximum Day to Average Day = I.79 13 B. Water Conservation Programs. Describe all short-term conservation measures that are available for use in an emergency at~d long-term measures to improve water use efficiencies for each of the six conservation pro~am elements listed below. Short-term demand reduction measures must be included in the emergency response procedures and must be in support of. and part of, a community all-hazard emergency operation plan. 1. Metering. The American Water Works Association (AWWA) recommends that every water utility meter all water taken into its system and all water distributed from its system at its customer's point of service. An effective metering program relies upon periodic performance testing, repair, repair and maintenance of all meters. AWWA also recommends that utilities conduct regular water audits to ensure accountability. Complete Table 10 (A) regarding the number and maintenance of customer meters. TABLE 10 (Al Castomer Meters Number of Connections Number of Metered Connections Meter testing schedule (years) Average age/meter replacement schedule (years} Residential 6017 6017 10 Institutional 31 31 10 Commercial 267 267 10 Industrial 3 3 10 Public Facilities 33 33 10 Other TOTALS 6351 6351 Unmetered Systems. Provide an estimate of the cost to install meters and the projected water savings from metering water use. Also indicate any plans to install meters. System is fully metered -New metering system installed 10 years ago. TABLE 10 CBl Water Source Meters Number of Meter testing Average age/meter replacement Meters schedule (years) schedule (years) Water Source 1 / 30 years (wells/intakes} Treatment Plant ~ / *NOTE: New Mag meter installed 6/10/05. Badger Magneto Flow 16" around 4/4/03. 14 2. Unaccounted Water. Water audits are intended to identify, quantify, and verify water and revenue losses. The volume of unaccounted-for water should be evaluated each billing cycle. The AWWA recommends a goal often percent or less for unaccounted-for water. Water audit procedures are available from the AWWA and MN Rural Water Association. Frequency of water audits: ^ each billing cycle ^ yearly ®other: As Required Leak detection and survey: ^every year ^every years ®periodic as needed Year last leak detection survey completed: Reducing Unaccounted Water. List potential sources and efforts being taken to reduce unaccounted water. If unaccounted water exceeds 10% of total withdrawals, include the timeframe for completing work to reduce unaccounted water to 10% or less. The City is currently replacing turbo meters with compound meters on several commercial accounts in order to capture low flow volumes. 3. Conservation Water Rates. Plans must include the current rate structure for all customers and provide information on any proposed rate changes. Discuss the basis for current price levels and rates, including cost of service data, and the impact current rates have on conservation. Billing Frequency: ^ Monthly ^ Bimonthly ®Quarterly ^ Other (describe): Volume included in base rate or service charge: 0 gallons or 0 cubic feet Conservation Rate Structures ^ Increasing block rate: rate per unit increases as water use increases ^ Seasonal rate: higher rates in summer to reduce peak demands ^ Service charge or base fee that does not include a water volume Conservation Neutral Rate Structure ® Uniform rate: rate per unit is the same regardless of volume Non-conserving Rate Structures ^ Service charge or base fee that includes a large volume of water ^ Declining block rate: rate per unit decreases as water use increases ^ Flat rate: one fee regardless of how much water is used (unmetered) Other (describe): Water Rates Evaluated: ®every year ^every years ^ no schedule Date of last rate change: 8/1/07 See Rate Schedule in Appendix. 1J Declining block (the more water used, the cheaper the rate) and flat (one fee for an unlimited volume of water) rates should be phased out and replaced with conservation rates. Incorporating a seasonal rate structure and the benefits of a monthly billing cycle should also be considered along with the development of an emergency rate structure that could be quickly implemented to encourage conservation in an emergency. Current Water Rates. Include a copy of the actual rate structure in Attachment D or list current water rates including base/service fees and volume charges below. See Rate Schedule in Appendix -_ Non-conserving Rate Structures. Provide justification for the rate structure and its impact on reducing demands or indicate intentions including the timeframe for adopting a conservation rate structure. Neutral Rate Structure 4. Regulation. Plans should include regulations for short-term reductions in demand and long-term improvements in water efficiencies. Sample regulations are available from DNR Waters. Copies of adopted regulations or proposed restrictions should be included in Attachment C of the plan. Indicate any of the items below that are required by local regulations and also indicate if the requirement is applied each year or just in emergencies. ^ Time of Day: no watering between am/pm and am/pm (reduces evaporation) ^ year around ^ seasonal ^ emergency only ® OddlEven: (helps reduce peak demand) ^ year around ^ seasonal ^ emergency only ^ Water waste prohibited (no runoff from irrigation systems) Describe ordinance: ^ Limitations on turf areas for landscaping (reduces high water use turf areas) Describe ordinance: ^ Soil preparation (such as 4"-6" of organic soil on new turf areas with sandy soil) Describe ordinance: ^ Tree ratios (plant one tree for every square feet to reduce turf evapo transpiration) Describe ordinance: ^ Prohibit irrigation of medians or areas less than 8 feet wide Describe ordinance: ^ Permit required to fill swimming pool ^ every year ^ emergency only ^ Other (describe): 16 Mate and Federal Regulations (mandated) ® Rainfall sensors on landscape irrigation systems. Minnesota statute 1036.298 requires "All automatically operated landscape irrigation systems shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture. The technology must be adjustable either by the end user or the professional practitioner of landscape irrigation services." ® Water Efficient Plumbing Fixtures. The 1992 Federal Energy Policy Act established manufacturing standards for water efficient plumbing fixtures, including toilets, urinals, faucets, and aerators. Enforcement. Are ordinances enforced? ®Yes ^ No if yes, indicate how ordinances are enforced along with any penalties for non-compliance. See Ordinances 17 5. Education and Information Programs. Customers should be provided information on how to improve water use efficiencies a minimum of two times per year. Information should be provided at appropriate times to address peak demands. Emergency notices and educational materials on how to reduce water use should be available for quick distribution during an emergency. If any of the methods listed in the table below are used to provide water conservation tips, indicate the number of times that information is provided each year and attach a list of education efforts used for the last three years. Current Education Pro rams Times/Year Billing inserts or ti s rimed on the actual bill Consumer Confidence Reports 1 Local news papers Community news letters 2 Direct mailings (water auditlretrofit kits, showerheads, brochures) Information at utility and public buildings X Public Service Announcements Cable TV Programs -City site Demonstration rojects (landsea in or lurnbing) K-12 Education programs (Project Wet, Drinking Water Institute) School resentations Events (children's water festivals, environmental fairs) 1 Community education Water Week romotions Information rovided to grow s that tour the water treatment lant Website (include address:) www.ci.columbia-heights.mn.us X Targeted efforts (large volume users, users with large increases) Notices of ordinances (See A endix) Emergency conservation notices (recommended) Other: List education efforts for the last three years in Attachment F of the plan. Be sure to indicate whether educational efforts are on-going and which efforts were initiated as an emergency or drought management effort. Proposed Education Programs. Describe any additional efforts planned to provide conservation information to customers a minimum of twice per year (required if there are no current efforts). The utility will use the City news letter during spring and summer quarters to advise customers on the wise use of water. A packet of conservation tips and information can be obtained by contacting DNR Waters or the Minnesota Rural Water Association (MRWA). The American Water Works Association (AWWA) www.awwa.oro or www.waterwiser.org also has excellent materials on water conservation that are available in a number of formats. You can contact the MRWA 800/367- 6792, the AWWA bookstore 800/926-7337 or DNR Waters 651/259-5703 for information ~~ regarding educational materials and formats that are available. 18 6. Retrofitting Programs. Education and incentive programs aimed at replacing inefficient plumbing fixtures and appliances can help reduce per capita water use as well as energy costs. It is recommended that communities develop along-term plan to retrofit public: buildings with water efficient plumbing fixtures and that the benefits of retrofitting be included in pubhe education programs. You may also want to contact local electric or gas suppliers to see if they are interested in developing a showerhead distribution program for customers in your service area. A study by the AWWA Research Foundation (Residential End Uses of Water, 1999) found that the average indoor water use for anon-conserving home is 69.3 gallons per capita per day (gpcd). The average indoor water use in a conserving home is 4~.2 gpcd and most of the decrease in water use is related to water efficient plumbing fixtures and appliances that can reduce water, sewer and energy costs. In Minnesota, certain electric and gas providers are required (Minnesota Statute 216B.241) to fund programs that will conserve energy resources and some utilities have distributed water efficient showerheads to customers to help reduce energy demands required to su I hot water. --__. Retrofitting Programs. Describe any education or incentive programs to encourage the retrofitting of inefficient plumbing fixtures (toilets, showerheads, faucets, and aerators) or a pliances (washing machines). Columbia Heights has a lot of new housing under construction which has low flow fixtures. Plan Approval. Water Emergency and Conservation Plans must be approved by the Department of Natural Resources (DNR) every ten years. Please submit plans for approval to the following address: DNR Waters or Submit electronically to Water Permit Programs Supervisor waterusena,dnr.state.mn.us. 500 Lafayette Road St. Paul, MN 55155-4032 Adoption of Plan. All DNR plan approvals are contingent on the formal adoption of the plan by the city council or utility board. Please submit a certificate of adoption (example available) or other action adopting the plan. Metropolitan Area communities are also required to submit these plans to the Metropolitan Council. Please see PART IV. ITEMS FOR METROPOLITAN AREA PUBLIC SUPPLIERS. 19 METROPOLITAN COUNCIL PART IV. ITEMS Ti'OR METROPOLITAIrI AREA PUPLIC SUPPLIERS Minnesota Statute 473.859 requires water supply plans to be completed for all local units of government in the seven-county Metropolitan Area as part of the local comprehensive planning process. Much of the required information is contained in Parts I-III of these guidelines. However, the following additional information is necessary to make the water supply plans consistent with the Metropolitan Land Use Planning Act upon which local.comprehensive plans are based. Communities should use the information collected in the development of their plans to evaluate whether or not their water supplies are being developed consistent with the Council's Water Resources Management Policy Plan. Policies. Provide a statement(s). on the principles that will dictate operation of the water supply utility: for example, "It is the policy of the city to provide good quality water at an affordable rate, while assuring this use does not have along-term negative resource impact." See write up in Appendix Impact on the Local CoaYaprehensive Plan. Identify the impact that the adoption of this water supply plan has on the rest of the local comprehensive plan, including implications foi future growth of the community, economic impact on the community and changes to the comprehensive plan that might result. The water supply plan provided within this document will not change or affect the current City comprehensive plan. Demand Pro'ections Year Total Population Average Day Maximum Projected Community Served Demand Day Demand Demand 2010 20,000 20,000 1.62 2.9 591.3 2020 21,400 21,400 1.74 3.1 635.1 2030 21,700 21,700 1.76 3.2 642.4 Ultunate 21,700 21,700 1.76 3.2 642.4 Population projections should be consistent with those in the Metropolitan Council's 2030 Regional Development Framework or the Communities 2008 Comprehensive Plan update: If population served differs from total population, explain in detail why the difference (ie, service to other communities, not complete service within community etc.). 20 PIC,AIV SI1llMI'I"TA[. A>dID REVIEW ~F THE PLC The plan will be re~~iewed by the Council according to the sequence outlined in Minnesota Statutes 473.175. Prior to submittal to the Council, the plan must be submitted to adjacent governmental units fora 60-day review period. Following submittal, the Council determines if the plan is complete for review within 15 days. if incomplete, the Council will notify the community and request the necessary information. When complete the Council will complete its review within 60 days or a mutually agreed upon extension. The community officially adopts the plan after the Council provides its comments. Plans can be submitted electronically to the Council; however, the review process will not begin until the Council receives a paper copy of the materials. Electronic submissions can be via a CD, 3 '/z" floppy disk or to the email address below. Metropolitan communities should submit their plans to: Reviews Coordinator Metropolitan Council 230E 5~' Street, St. Paul, MN 55101 electronically to: watersupply(a~metc state.mn.us 21 m olurnbia eights ater upply lan DNR Report Supplement- 4C- p4, Part IV- p20 Water Purchased and Water Sales Attachment A -Public Health and Safety Attachment B -Public Health and Safety City of Columbia Heights Water Utility Policy Statement e Water Rate Schedule Educational Material Example Columbia Heights Water Supply Plan Report Supplement 4.C -Surface Water Sources (Page 4) The City purchases water from the City of Minneapolis and Minneapolis withdraws their raw water from the Mississippi River at a location near the southern border of Fridley. Part IV-Policies (Page 20) It is the policy of the City of Columbia Heights to provide a safe supply of water in sufficient quantity and pressure to meet the needs of the consumers. Objectives Maintain the water distribution system to insure an adequate quantity of water at required pressure. 2. Monitor water quality to insure compliance with the safe drinking water act and current MDH regulations. Implement water rate increases as required to cover the costs of supply, administration, and capital improvements or replacements. Columbia Heights Water Supply Plan Water Purchased and Water Sales Water Purchased: Due to master meter features, the water purchased records are incomplete and estimated. A new master meter has been installed to measure and record purchased water volumes. Water Sold: Columbia Heights likely doesn't sell the volume of water reported. The reports they produce are for the amount of water that is billed to their customers. The City has antiquated utility billing software that is unable to track the actual quantities of water sold. For examples, their policy is to estimate water usage high when they are unable to obtain a meter reading and then when they obtain the actual meter reading there is no provision in the software to change the estimated quantity of water. They manually recalculate the bill and change the amount due. For years the City's billing system was based on a minimum bill and a quantity of 600 cubic feet is recorded in the records even if a smaller volume of water was used. 1 ATTACHMENT A PUBLIC I-IEALTH AND SAFETY PUBLIC SAFETY WATER PRESERVATION 8.501 (1) The provisions of 5.501 shall apply to all persons using water both in and outside the City and regardless of whether any person using water shall have a contract for water service with the City. 8.501 (2) No person shall use or withdraw water for the purpose of sprinkling, watering or irrigating of lawns, grass, ground covers or gardens, except as follows: (a) Watering of mature sod and gardens at any site with an odd-numbered address will be permitted on odd-numbered dates, 5) Watering of mature sod and gardens at any site with an even-numbered address will be permitted an even-numbered dates, O Watering of new sod or trees planted within the last five (S} years or having a diameter of less than three inches will be permitted at any time. $.501 (3) No person, other than a corxzmercial car wash, shall wash a private vehicle except those persons residing in odd- numbered residences may wash their private vehicles .on odd-numbered dates and persons with even-numbered residences may wash their private vehicles on even-numbered dates. No person shall knowingly allow defective plumbing to remain out of repair which allows the escape of water. 8.501(4) The City Manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and. sanitation standards_ 8.501 (5) The City Manager shall have the- authority to enforce the provisions of this ordinance by discontinuance of water service in the event of violation hereof in addition to the other penalties available herein. 8.501 (6) The City Manager shall have the authority to terminate enforcement of this ordinance at such time as he de#ermine that the shortage of water no Ionger exists. )uly9, t99d IS 8.501 (7} Any person, form or corporation violating the provisions of this section shall be warned of the existence of this ordinance. Any person, firm or corporation violating any of the provisions of this ordinance after having first received a warning shall be deemed guilty of a petty misdemeanor and upon conviction thereof shall be fined in an amount of $25. 8.501 (8) Any person, firm or corporation violating any of the provisions of this ordinance after having received a warning and after receiving a citation for a petty misdemeanor violation shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $700 or be imprisoned for a period not exceeding 90 days or be both fined and imprisoned. Each day such violation is committed or permitted to continue shalt constitute a separate offense and shall be punishable as such hereunder. SECTION 2 This ordinance is passed as an emergency measure, and the Council does, by a vote by which this ordinance is passed, hereby declares that an emergency exists, which makes in imperative that this ordinance shall be come effective from and after in order that the public health, welfare and safety might most effectively be protected. i 1+~Iy 9, 1996 ~ 6 ~" J.TTACFIIvIENT B PUBLIC HEALTH AND SAFETY PUBLIC SAFETY WATER PRESERVATION No person shall use or withdraw water for the following purposes: (a} Sprinkling, watering or irrigating of lawns, grass, ground covers, plants, vines, vegetables flowers or any other vegetation (except tress, garden perennials or golf greens) (b) Washing of automobiles, trucks, trailers, trailer-houses, railroad cars, or any other.type of mobile equipment (other than at a commercial car wash. © Washing of sidewallcs, driveways, filling station aprons, porches and other outdoor services. (d) Washing of the outside of buildings, (e} Operating of any ornamental fountains or other structures making similar use of water. 8.502 (3) No person shall knowingly allow defective plumbing to remain out of repair which allows the escape of water. 8.502 (4) The City Manager shall have the Authority to texminate enforcement of some or all of the provisions of this ordinance at such time as he determines that the supply of water is adequate to allow some or all of the uses of water prohibited by this section. ~ . 8.501 (5} Any person, firm or corporation violating the provisions of this section shall be warned of the existence of this ordinance. Any person, firm or corporation violating any of the provisions of this ordnance after having first received a warning shall be deemed guilty of a petty misdemeanor and upon conviction thereof shall be fined in an amount of $25_ 8.501 (8) Any person, firnn or corporation violating any of the provisions of this ordinance after having received a warning and after receiving a citation for a petty misdemeanor violation shall be deemed guilty of a misderrieanor and upon conviction thereof shall be fined in an amount not exceeding $700 or be irxiprisoned for a period not exceeding 90 days or be both fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 2 This ordinance is passed as an emergency measure, and the Council does, by the vote by which this ordinance is July 9, 1996 I7 passed, hereby declare that an emergency exists, which makes it imperative that this ordinance shall become \ effective from and after in order that the public health, welfare and safety might most effectively be protected. , luly 9, 7996 ~ 8 Columbia Heights Water Supply Plan Water Utility Policy Statement ObLctives and Standards Policy Statement: It is the policy of the Columbia Heights Public Works Department to provide a safe supply of water in sufficient quantity and pressure to meet the needs of the users. Objectives: + Maintain the water distribution system to insure adequate quantity and pressure. + Monitor the quality of the water supplied to insure compliance with Safe Drinking Water Act. + Water rate increase to cover the costs of supply, administration, and capital replacement or improvement. + Strict enforcement of all applicable rules, codes, and regulations to prevent development of water related health hazards. + Encourage water conservation. Standards: + Plush system twice a year. + Replace or clean lines in which flow capacity has been reduced to a level that detrimentally affects quantity and pressure. + Inspect pump stations and towers daily. + Review emergency operations semi-anually. Cif of Columbia Heights Resolution 2007-96 BEING A RESOLUTION SETTING RATES ON PUBLIC UTILTI'IES, INCLUDING SEWAGE DISPOSAL, WATER SUPPLY, STORM SEWER AND REFUSE IN THE CITY OF COLUMBIA HEIGHTS BE TT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department, the following rates shalt be put into effect as of August 1, 2007 on all billings rendered thereafter: 1. Water Supply Rates: 'Year Mid-yr Customer Classification 2007 2008 2009 2010 2011 2012 Residential Fixed Fee Rate per 1000 Gallons Water Meter Surcharge Senior Fixed Fee Rate per 1000 Gallons Water Meter Surcharge CommerciallIndustrial Fixed Fee Rate per 1000 Gallons 2. Sewer Disposal Rates: Residential Fixed Fee Rate per 1000 Gallons Maximum charge for 24,000 gallons Senior Fixed Fee Rate per 1000 Gallons Maximum charge for 24,000 gallons Commerc iaUIndustrial Fixed Fee Rate per 1000 Gallons $14.91 $17.30 $18.34 $19.81 $2139 $22.89 $2.830 $2.943 $3.046 $3.168 $3.295 $3.427 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $3.00 $ 4.81 $12.20 $13.24 $14.71 $16.29 $17.79 $2.830 $2.943 $3.046 $3.168 $3.295 $3.427 $ 3.00 $ 3.OD $ 3.00 $ 3.00 $ 3.00 $3.00 $14.91 $17.30 $18.34 $19.81 $2I.39 $22.89 $2.830 $2.943 $3.046 $3.168 $3.295 $3.427 $16.45 $16.94 $17.70 $18.24 $18.78 $19.34 $1.780 $1.835 $1.918 $1.975 $2.035 $2.096 $60.99 $b2.82 $65.65 $67.62 $69.65 $71.75 $11.35 $11.84 $I2.60 $13.14 $I3.68 $14.24 $1.780 $1.835 $1.918 $1.975 $2.035 $2,096 $60.99 $62.82 $65.65 $67.62 $69.65 $71.75 $16.45 $16.94 $17.70 $18.24 $18.78 $1934 $1.780 $1.835 $1.918 $1.975 $2.035 $2.096 Resolution 2007-96 Page 2 3. Storm Sewer Rates: Year Mid-yr 2007 2008 2009 2010 2011 2012 Land Use R-1 R-2 R-3 R-4 RB LB GB CBD I 1-1 MWW 4. Refuse: Container Size 32 60 90 Senior Recycle & Yard Waste $ 2.58 $ 2,71 $ 2.85 $ 2,92 $ 2.99 $ 3.06 $ 2.58 $ 2.71 $ 2.85 $ 2.92 $ 2,99 $ 3.06 $17.04 $17.89 $18.78 $19.25 $19.73 $20.22 $17.04 $17.89 $18.78 $I9.2S $29.73 $20.22 $33.15 $34.82 $36.55 $37.46 $38.40 $39.36 $33,15 $34.81 $36.55 $37.46 $38.40 $39.36 $37.47 $39.34 $41.31 $42.34 $43,40 $44.49 $37.47 $39.34 $41.31 $42.34 $43,40 $44.49 $29.24 $30.70 $32.24 $33.05 $33.88 $34.73 $33.15 $34.81 $36.55 $37.,46 $38.40 $39.36 $4.10 $4.31 $4.53 $4.64 $4.76 $4.88 $28.57 $28.57 $29.43 $30.31 $31.22 $32.16 $29.93 $29.93 $30.83 $31.75 $32.70 $33.b8 $37.33 $37.33 $38.45 X39.60 $40.79 $42.01 $28.00 $28.00 $29.00 $30.00 $31.00 $32.00 $10,02 $10.02 $10.32 $10.63 $10.95 $11.28 BE IT FURTHER RESOLVED that all foregoing rates do not include State fees or Sales Tax, and BE IT FURTHER RESOLVED that all State fees and taxes will be added to the utility bills in addition to the foregoing rates. BE Tl' FURTHER RESOLVED that all foregoing rates are made effective August 1, 2007 in order to meet the additional and ongoing cost to the City of Columbia Heights for these respective services. Dated this 25a' day of June, 2007 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz GMC City Clerk/Council Secretary :eb 21 08 1Q:20a L -- - -- ~ _ --- . I,ovv' Flow F'ixtu~es Could 1-ielp Save Millions Each year the average American uses about 27,000 gallons of tivater around the home, according to the 1998 Residential Water Use Summary commissioned by American Water Works Association (AWWA). According to the study, each person in asingle-family home uses 74.0 gallons per day. Water suppliers in the U.S. already process nearly 34 billion gallons of water daily. As the population continues to grow, saving more water could offset the demands created by that growth. This in turn can help communities avoid the expenses of building new water supply and treatment facilities. 13y employing water conservation measures like low-flow fixtures and regularly checking for and repairing leaks, daily use can be cut by about 30 percent, down to 51.9 gallons per person. A household can cut water usage for showers by 2.1 gallons per person per day by installing low-How shower nozzles. This amounts to more than 766 gallons per person per year. C,ow-flow fixtures installed in homes constructed in 1998 will save an estimated 44 million gallons of water a day. This amounts to a national annual savings of about $33.6 million eac11 year, according to AWWA. During the growing season, as much as bS percent of a household's total water is used outdoors, According to nationally known gardener Paul James, outdoor water conservation can be~ as simple as watering earlier in the day and using sprinklers that distribute droplets of water instead of mists. Water sensors for automatic sprinkler systems prevent watering during rainfall events or when the soil is still wet. Collecting rainwater from downspouts for watering gardens -ater and mulching gardens also reduce outdoor water use. Conserving water for car washing means using a bucket and a sponge to soap the car, instead of leaving the water running. "By installing low-flow water fixtures and taking other steps to conserve water, consumers do a favor for themselves," said Jack Hoflbuhr, AWWA executive director. ~.2 ,2 ~ 6,t9 I I Public education programs can inform users on water saving measures and provide opportunities to learn how to identify and to 6x leaks. Combined, these measures may save each household only $100 per year. Magnified system-wide, the savings can be significant for operators in terms of reduced chemicals usage and energy saved, the AW WA said. Irrigation Guidelines far Quickly Es~ablishing'T`rees Less than 2 inch caliper planting stack -- Water daily for 1 week; every other day for 1 to 2 months; weekly until established. Z-4 inch caliper planting stock -Water daily for 1 to 2 weeks; every other ay for 2 months; weekly until established. 4 inch caliper planting stock- Water daily for 2 weeks; every other day for 3 months; weekly until established. all SW'Oepll'l~ -The Street Department will begin Fall street sweeping in late September and continue for as long as weather permits. As a reminder to al! property owners, it is against City ordinance to deposit litter, including yard waste and snow into Public streets. $~US~1 111 e'ST -Proper and timely trimming of vegetation in the alleys provide residents, service and emergency vehicles with safe, unobstructed use of the alley. Residents are responsible for keeping bushes and trees trimmed so they do not extend into the alley right-of--way. Vegetation should be trimmed back to the edge of the alley and up to a height of not less than I S feet. _ E Xl~T CE l-3 'E Amendments to the City Weed Ordinance: On June 12, 2006, the City Council passed an amendment to the Tall Grass and Weed Ordinance. The purpose of the Ordinance change is to expedite abatements and improve the overall appearance of the City. Major changes include: -The period that property owners will have to abate a weedlturf problem following a citation leas been reduced from 10 days to 4 days - Cumnt County property records For owner/taxpayer ~vi11 be used as the primary address to notify an owner of a violation. -Notification procedures have been expanded to include leaving a door hanger notsce informing the resident of an Ordinance violation. Other conservation measures include running the dishwasher only when it is full. Cn clothes washers with adjustable water levels, small loads can be run on low. Routinely checking plumbing, and immediately repairing leaking faucets, toilets and other leaks can save almost S gallons of water per person per day. If you have questions, comments or would like to report a violation, please call the tatl grass and weed report line at 763/706-3723. <k~ 21 D8 i O: 20a ~~la>Lx~ vvol~xs t ~' X7.1. ~ e iI t A Leaky toilet is the most common reason for a spike in home water bills. A city in Oregon estimated a silent leak could waste as much as 30o gallons of water a day without anyone noticing. Checking for toilet leaks is a fairly simple. Add 10 drops of Food coloring to the water tank and wait 30 minutes. if the water in the toilet bowl has even a hint of color when you return, you have a leak A bad "flapper," the circular object that covers the hole In the bottom of the tank, causes most teaks. Flappers are fairly easy to replace, and you can fauy one for less than $5 at the hardware store. Please check with the Columbia Heights water utility if you suspect you have a leak in your toilet or elsewhere. With the new automatic water metexs, it is easier for the city to detect a Lea k in your system. By taking a few preventive steps you can save yourself some money. p.3 ~ a ° ®,~1 tt _ ~1.1 i~ ~b~.~51~~?v Vl~ (~a~,~3Y~~ i{o7,(~f l~l f~_~i~el a}~f iC~i c};~~i( ~Hc}GSa~„~zf ~Y.-~~T ~}flt 1~~~~~:~~4 y~~~' p.1~4~~~iS"~St~y\i ~,v;f~.11>4-,~v°,'tl~,fi~~'-~IcX~ri ~~?-i',:;, ~ ,°., - ____-~ tY't/ I,B; t ltd '~''a~.~ 0 11 The Street Department will begin Fall street sweeping in Jate September and continue for as Jong as weather permits. As a reminder to all property owners, it is against City ordinance to deposit litter, including yard waste and snow into public streets. 1 ~1@~§T Proper and timely trimming of vegetation in the alleys provide residents, service and emergency vehicles with safe, unobstructed use of the alley. Residents are responsible for keeping hushes and trees trimmed so they do not extend into the alley right-of--way. Vegetation should be trimmed back to the edge of the alley and up to a height of not less than 15 feet. CITE' C®I1TICIL LET"TER Meeting of: I /5/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RAMSDELL PARK MASTER PLAN BY: K. Hansen BY: DATE: 12/30/200 / DATE: Background: In 2007, the Park & Recreation Commission went through a process of public input and review, forming a basis for the creation of Master Plans for the redevelopment of Sullivan Lake Park and Silver Lake Park. Based on the completed Master Plans, construction plans and specification were prepared for each Park for 2008 construction. It is anticipated that work in each park will completed at the end of 2008. The Park planning firm of Brauer and Associates has prepared the Master Plans and final construction plans for each. In 2008 Parks Budget has funds established for the planning process of another City Park -Ramsdell Park, as selected by the Park & Recreation Commission. Analysis/Conclusions: A similar Master Planning process has now been completed, considering condition of the park and amenities, park features and unmet needs, past Commission and public discussions/review, and uses. The Commission held an informational meeting at Ramsdell Park in July with two Concept Plans presented and reviewed. Following that meeting, the concept plans have been placed on the City web site and at the Library and the park neighborhood was re-noticed (via postcard) to allow for additional comment. The Commission reviewed all public comments at their September regular meeting for a final recommendation to the City Council in October. A copy of comments received -via email, phone or letter, are attached. Based upon the review process, staff would recommend the Master Plan include the following elements: Athletic field with soccer overlay 2. Wading pool with new concrete perimeter deck 3. Walking trail 4. New Parking areas 5. Playground area, relocated 6. Small picnic shelter 7. Site Landscaping /screening 8. Future Improvements: Parking expansion and skate park on the School owned property The site amenity (existing and proposed) that has received the most negative comment is the half basketball court. The Commission recommended removing this from the Master Plan. The only other plan element that received some negative comment was the skate park. Both staff and the Commission are recommending leaving this in the Master Plan as a `future' improvement considering funding availability. Also attached is a letter from the school supporting park redevelopment and interest in use of their land. Staff attended a November ISD 13 Board workshop to review the Master Plan and received positive feedback on the plan COUNCIL ACTION: CI'I'1' C®I1~1C~I~ I,F`TTER Meeting of: 1 /5/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RAMSDELL PARK MASTER PLAN I BY: K. Hansen I BY: DATE: 12/30/2008 DATE: Continued -Page 2 content -with strong support for additional parking. Recommended Motion: Move to accept the Master Plan as prepared by Park Planning firm of Brauer and Associates based upon a recommendation of the Park and Recreation Commission. Attaclunent: Ramsdell Park Master Plan ICH:cb COUNCIL ACTION: Thanks for posting the concepts. I prefer # 1 because it keeps the wading pool for the children which currently is heavily used. The perimeter path will be great for dog walking year round .Thanks We use the park all the time. 1 hope the Colorado Spivice trees at the South end of the park will remain, as they are lovely. The skateboard area is a wonderful idea. There are so many tot lots around but so few facilities for other age groups, especially for kids who are not in organized programs. I have seen many of these in parks while traveling (you see lots of parks traveling with the dogs) and they seem very popular. You may want to coordinate with Anoka County as they are going to do a tot lot facility at Kordiak. With Castle Heights in the picture, that's three facilities that are very close to each other. The wetland is a great idea as it tries to return regularly after a heavy rain or in the spring (but you know all that). All parks need a water element. The renovation should turn a rather dull space (mostly grass) into a much nicer place. The Dalmatians and 1 look forward to walking it; now how about a Columbia Heights off leash dog park. We probably have more dogs than kids in this conununity. Catherine Vesley Donald Vesley vesle001(cuumn.edu 8/ 14/2008 2:50 PM 2. There are features from both plans that are appealing-but I am disappointed to see that the existing wading pool is not included on the second plan. Moving the play areas farther back into the park and away from the street is a positive in both plans. Including a skate park is an interesting idea--has New Brighton been contacted to hear if there are issues with their skate park off Silver Lake Road near Pike Lake School? Overall I like plan 1 more than 2. We live close to this area and use the park occasionally. It's good to see improvements being considered. Chris Paulson "Russ Paulson" rpaulson(u.~comprehensive-view.com 8/13/2008 9:57 PM 3. I am a resident of Johnson Street and have been for quite awhile. 1 would ask that you keep the swinnning pool. Plan I looks preferable to me. People come fi-om Fridley, Brooklyn Center, Brooklyn Park to use that pool as there are not any in the surrounding area. Sincerely, Jeanne Ramirez ramirez acomcastnet 8/8/2008 3:39 PM Hi planners. I have lived at 1721 Innsbruck Parkway for 33 years. My children were raised here, went to Columbia Heights schools and used Ramsdell/Mathaire Park extensively. I drive by it every day and observe some of the activity there. As grandparents now, we still use the park when grandchildren come to visit. Some thoughts that I have are. Don't even think about removing the pool. It's the most used part of the park. Why not a full court basketball venue -the cun•ent court gets lots of use? The softball field is nice, but it should double for little league baseball. A picnic area is OK, but don't forget that Kordiac Park is a block away. The skateboard area is a great idea. 1 see lots of skateboard activity on the concrete sheet in front of my house. I'm glad to see you working on some improvements. Thank you. Leigh J. Johnson lei~'h.iohnsc~n rr.~omca~t.nct 8/7/2008 6:11 PM 5. (Phone Call 8/15/08) Bruce Warmuth @ 1412 Lincoln Terrace: Expressed concern over proximity of new walking hail and would there be any screening to adjacent residential property and would ponds be fenced in park setting? Also asked for basketball court to be removed or moved away from residential area. 6. (Phone Call 8/08/08) Denise Jacobus @ 1717 Innsbruck Parkway: Prefers plan that keeps wading pool inplace (DO NO'f get rid of) and likes the addition of a skate park/feature at the corner of the park. 7. Dear Kevin, (August 15, 2008) We attended the meeting at Ramsdell Park July 23, 2008 regarding renovation of the park. We strongly believe the current chain link fence between the park and ow• property should be replaced with a fence that provides privacy and security. On May 21, 2008 approximately three hundred dollars of lawn ornaments were stolen near the fence on our property next to the park. See enclosed police report. We recommend and are willing to pay part of a white six foot vinyl fence with a basket weave at the top. Lastly, I am the caretaker, (Beautification eonunittee member) for the plants around the Ramsdell Park sign. It would be a great advantage to have abuilt-in watering system to water the plants especially when it's very dry in July & August in our area. Please keep us apprised on the renovation of the park. Thank you! Marvin & Patricia Sowada (Police report in Focus wording): Numerous lawn ornaments, including seven gnomes, four black bears, one hedgehog and three mushrooms, were reported stolen from a yard at 8:50 p.m. May 21 in the 4900 block of Johnson Sheet.) 8. Keep wading pools for young families and the playground equipment and keep it in good condition. (Shirley Graczyk: 1300 Pierce Terrace - 763-574-0660) 9. Kay Hay: reside at 1525 Pierce Ten-aee called comments in 10:20 a.m. on August 22, 2008 (612-590-7143): Agrees with concept 1 with children's pool. That is one piece of park is used in summertime daily. Can the softball and soccer fields be included in concept one or is that cost prohibitive? She would like to see them both. 10. Bob McNamara at 1640 Innsbruck Pkwy. - 612/207-5088: Both plans - It appears the small wading pool is gone on concept 2 and is concerned because that is the one feature of the park that is currently, heavily used. He wants to see it stay so he likes concept 1. 1 1. Dear Engineering Department, Either of the two designs for Ramsdell Park look fine, except for the skate park. I don't recommend a skate park in either of them. 1 think that it will be a noisy, high maintenance, hazardous attraction that would disnapt the serenity of the area and eventually leave an unused, unattractive concrete fixture at the entrance of our neighborhood. Also, please try not to overpopulate the park with large trees. We have lots of shade at Kordiak Park. Ramsdell Park is about the only area left where someone can fly a kite or model airplane. Sincerely, Gilbert J. Mros 5025 Johnson St. NE 763 571-1166 8/18/2008 4:12 PM 1 1. WOW !Both of the concepts are just ten-itic. This park serves so very many youngsters even though its proximity to Castle Heights and Kordiak Park serve as competition. Ramsdell has a warmth to it that these others do not probably because of its size and ease of accessing. Also, it is not viewed as an area in which many children come where they are not accompanied by adults or not participating in organized activities. Castle Heights experiences problems with youthful behavior on a daily basis, especially in the evening. Kordiak enjoys some rather odd and questionable adult activity 24/7. Parking has always been a challenge and a safety concern. Both proposals appear to be addressing this issue. It will be a direct beneficiary of the anticipated expansion of the school parking lot as well. Vehicular and pedestrian traffic adjacent to this park can be a nightmare. Amazingly, there have not been many injuries nor accidents resulting in damage of which I am aware. Additional signage currently being installed on 49th Avenue by Anoka County will heighten the visibility of pedestrians at certain times of the day. This will enhance safety concerns and hopefully add another layer of caution for both pedestrians and motorists. A few years ago the Recreation Dept. and the Park & Rec. Commission planned some much needed light installations and upgrades to a park located in the southeast portion of the City. These enhancements were specifically intended to make the park more usable by everyone in the city as well as for competitions. The folks who lived around that park reacted as if they had been robbed of "their" park and attempted to make anyone connected with the improvements miserable. They mounted a mighty campaign to defeat this plan and eventually proved themselves to be selfish and petty. My reason for mentioning this is the hope and presumption that this will not be repeated for Ramsdell Park. Currently, I do not get the impression that anyone in the area harbors these feelings. But stranger things have happened. You requested continents and suggestions. While my comments became so lengthy they could be considered an epistle, my suggestions will be brief. I know absolutely nothing regarding park development What I do know is that 1 am very grateful to the staff for recognizing the need to dress up this park, have the knowledge to know how to do it or hire someone who does, and, very importantly, have budgeted funds to get the job done. 1 am in your debt for making my neighba-hood so much more liveable and attractive. Thank you so very much. With affection and gratitude, Jo-Anne Student 12. Thank you for the opportunity to respond to the proposed park improvements for Ramsdell Park. It's great to see the city making plans for improvements. The information provided was in great detail and helped us understand your plans. We would like to give some input to both plans. We live at 4925 Johnson Street, directly across the street from the little parking tot at the park. We have lived here for seven years. For the most part the park has been a wonderful perk to living here, but then again there are times when it's the worst place to be. For example, late spring early swnmer when baseball is going on. There are cars parked everywhere, on this street, doubled up in the lot. Some neighbors have had people park in their driveways. So we are glad to see the parking addressed on the plans. However, in concept #2 it shows that the parking would be redesigned to be pull-in stalls. 1 am concerned about this parking concept for two reasons. First because of the rate of speed cars drive up and down this street. The speed limit is marked for 20 miles per hour, but I can assure you this rule is most often ignored. There is a stop sign, but again most people roll right thru it. Second, the street has a curve mid block, with this challenge and the many large pine trees that are located close to the street, it makes it difficult to see if any cats are corning. We feel that with the rate of speed the cars drive up and down this street, and the obsti~cted vision this will make an enviroronent for many accidents with people trying to back out of those parking stalls. Another concern we have with concept # 2 is the position of the basketball cow-t. With the redesign, the court would be relocated right off the street. So with the identical concerns fi-om above, this would prove to be disast•ous. The kids could possibly be mm~ing into the st•eet to retrieve a ball. Also, this would put the basketball court directly across the street fi-om our home. On une hand this would be great, as our children love the game. But we have had to purchase our own hoop because we will not let our children go over to the basketball court. Many, many older boys come fi-om all over to play there. The language is horrendous, and their behavior towards one another is appalling. They are loud, they litter, and they antagonize anyone who comes to play. The position of the court in concept #1 seems to be a better option than in concept #2. However there may be a concern with the court down in the hole behind the pool. The position of the court currently seems to be okay, as the existing park building muffles the noise. The skate park in both concepts is a concern. We have often visited the stake park in St. Anthony and noticed the noise level from the sounds of the skateboards banging on the ramps and the ground. The noise level from the kids and again, some bad language and behavior. I'm not sure this is an appropriate area for the skate park. Could it be put in behind the school? Will there be an opportunity for the residents around the park to meet? Will there be a city council meeting to discuss the plans? If so, can you notify us? Thank you, Robert & Janelle Norlien Home phone 763-571-3765 Email' nnrpack«~omcaat.nct 8/23/2008 1:43 PM 13. We have looked at both concept drawings for Ramsdell Park. Our overall choice is concept #1 with a few changes. We do not want a basketball court of any size included in the project. We have seen the current court turn into an area where large groups of youth congregate, most do not play basketball. The language and conduct used by these youth is poor. Though there conduct is not illegal it does keep a lot of families with young kids from using the park. We do like the circle path/picnic area/play area of the concept #2. This would fit into concept #1 if the basketball court was eliminated. I believe having the skate park at the corner of 49th and Johnson would be best because it would have high visibility with most parking being in the school lot. We do not like the direct parking on the street that is part of Concept #2. The wading pool is used a lot during the summer and should be included and upgraded. These park improvements have been needed for way to long and will be an asset to the neighborhood. Gary and Jodi Gorman 5010 Johnson St. NE 9/7/2008 7:39 PM 14. (phone call - 9/5/08) 4935 Johnson St. NE -Duane Budde: The basketball court is a huge negative -the design has it next to Johnson St - his front yard. It draws a very unsavory group that uses very foul language. At the Highland Elementary schools -would be a good place to put the basketball courts by adding baskets and it would not bother neighbors. A parking lot needs to stay near the pool to give parents close proximity for safety (he witnessed a previous accident of a child getting hit). Walking trail by park isn't necessary because of close proximity to Kordiak Park. Consider adding senior related activities such as Horseshoe pits. Please leave as many trees in the park as possible (limit removals). (2"d phone call - 9/5/08) Mary Budde: supports amenities for little kids such as the pool and playground, sees them more in the park in the late afternoon when parents arrive home from work. A Yz court basketball court is ok (with her) but really supports moving any court down to the school area -and maintain those. Asked to bring back a skating rink. Home phone: 763.571.2829 15. (phone call - 11/21/08) Mrs. Livingwood She is very opposed to the skatepark -does not want one as it brings noise, litter, and bad language day and night. She is supportive of the wading pool and other aspects of the plans. Home phone: 763-574-0804. C f ~~ _~ ~ ~ .-! Landscape Improvements * Plantings to create buffers adjacent to residential areas * Plantings for aesthetics & shade Lawn pace * Picnic space * Lawn games (ie: bocce ball, horseshoes or shuffleboard) Contra) Gathering rea * Childrens playground * Future picnic shelter that overlooks playground and lawn space __ ~_ .~ 4 Infiltration asins Potential infiltration basins to collect water from ballfield and park areas for improved drainage Sports Field Area * 225' ballfield * Potential bleacher seating areas, fencing, lighting and batting cage * Soccer overlay (120' x 210') t , _/ _ - JT', ~ ~ ~ ~ '~ i --. 5 ~~ ~. ~ 13 ~ i dA i 5 ^i ~ ~r ~" ~ . ~. - ., ~~ ~~ ~ ~ ~ %~ ~ ~~~-~ ~,~, . ~~ Y1~ ._ S .~ ,~ ~ - ~ ~ ,u. Loop Asphalt Trail ~ ~ .{';~ ~' 5' wide asphalt trail system with ~ ~~ .,~ ." „;~ ~ ~° ~ ~. ~ ~. ,~,~ ~'• pedestrian level lighting creates loops within the park space and allows access fo various park amenities and seating opportunities ___ BRAUER Bt ASSOCIATES, LTD. LANG USE PU~~INC AND DESIGN ;, ~~a~~~~ ~~a~ ,~~ ~ ~ ,, t, I~ J ~~~ ~ ~ ~ i `~" j ® I ~ ~ ~ , i r -,- - _- ;' ,t ` < . F,. ~ ' y~~_ ~ ~ ~ -I ~ ~~ ark Pool Existing pool to be upgraded to meet current code requirements and patio around pool to be redone to allow seating areas within the pool space Park Monument Sign -Par ing ~~, Existing parking lot containing 12 parking stalls has been removed from within the park space and pull-in parking stalls have been added along Johnson Street for a total of 17 stalls. Loop Asphalt Trail 8' wide asphalt trail system with pedestrian level lighting creates loops within the park space and allows access to various park ~. amenities and seating opportunities y a !~ t r~" ~ - -r ` ~. LL ~ ~~1 - - - - - ~ ~ ~i' ~ '~ ~' ~ ~ ~~ Future School Property Improvements ~~ ~ ~~ ~ * Potential parking lot expansion ~~< , * Potential skate park area ~' ~~ ~ ~` - ~~ -- -- - - -- --- 49rH AvENUE NE 5~~~ ~ =~o.o„ Project #08-20 Date: September 24th, 2008 t `~ , CI'I'1' C~><1l®iCIL LETT'EI2 Meeting of: 1/5/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: PURCHASE AGREEMENT FOR THE PROPERTY BY: K. Hansen ACQUISITION OF 675 37~" AVENUE, OWNED BY DATE: 12/30/20 HILLTOP TRAILER SALES BY: DATE: Background: The property located at 675 37`x' Avenue is owned by Hilltop Trailer Sales. It is open, vacant land with no improved or permanent buildings on the site. In 2006, the property ceased being used for trailer storage. The owners of Hilltop Trailer Sales approached Public Works in 2005 and again in 2007 to determine an interest in the potential acquisition of the property. Analysis/Conclusions: The attached map shows the size of the rectangular property at 78,000 square feet or 1.8 acres with existing topography. The entire parcel is enclosed with a chain link fence with access on to Madison Place. The parcel surface is a combination of gravel and turf. Public Works proposed uses for the parcel identifying the following municipal needs and as shown on the attached layout: ® Storm water ponding to meet NPDES Phase II requirements for municipal operations. ® Covered storage for mixed salt/sand storage (now stored in the open) -enough for one season's use. ® Materials storage such as for water main breaks excavations, asphalt, concrete, wood chips and other Public Works excavations (cun•ently being stored on other City owned land). ® Materials storage for the annual water main cleaning and lining project and other construction projects. ® Snow storage for snow removal operations. ® Reserve Future Use (other) The owners of Hilltop Trailer sales approached the City prior to selling the parcel to other users. The property is now half leased by a trucking company for short and long term storage of tractor-trailers and for short term storage of automobiles. A cursory appraisal (estimate of value) was prepared by Watson Appraisal which estimates the value at $558,750. The value is in the range that the owners indicated they were looking at obtaining for the property at $600,000. Staff (City Attorney and Engineering) negotiated with the owners and a draft purchase agreement is attached. The negotiated purchase price is at $580,000. The owners were not interested in a cash sale so the agreement reflects a down payment of $100,000 and the balance to paid over time effectively as a contract for deed. The term would be fifteen years with an initial interest rate of 6.5%. The interest rate would reset in 5 year increments tied to the prime rate with floors and caps. Staff has established $100,000 in the 2009 Central Garage fund for the down payment. Annual funding sources for the acquisition are proposed to be revenue from the recently completed cell tower at the Municipal Service Center. Another finding source would be to lease approximately one-half of the property (south side) for similar use to the cutTent use -although this would restrict future storage space. The garage budget wouta otherwise tuna the COUNCIL ACTION: CITI' C~IINCII~ I.E'I"I'FI~ Meeting of: 1 /5/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: PURCHASE AGREEMENT FOR THE PROPERTY BY: K. Hansen ACQUISITION OF 675 37T" AVENUE, OWNED BY DATE: 12/30/2008 HILLTOP TRAILER SALES BY: DATE: Continued -Page 2 annual cost. The annual cost (beginning in 2010) would be $50,175 for the contract term. Public Works staff will be present to address question on the need and use of the additional land. Recommended Motion: Move to authorize the Mayor and City Manager enter into a purchase agreement for the acquisition of 675 37`" Avenue, owned by Hilltop Trailer Sales. Attachment: Draft purchase agreement Site map (3) KH : cb COUNCIL ACTION: I __ December 11, 2008 (Writer's Direct Dial 763-502-7108} (E-mail tmzapuia a zlhlaw.com) ~77A i'TRA TT Angela M. Samec (asamee(cr,)bgs.com) Barna Guzy & Steffen Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Minneapolis, MN 55433 RE: J.R. Properties -Columbia Heights Transaction - Interim Lease Agreement Your File No. 46000-147 Our File No. 23893.009 Dear Angela: Attached please find a draft of a Lease Agreement. Please review and send me your comments. Thank you. Very h~uly yours, ZAPPIA & LeVAHN, LTD -r'" ~' 4~ Thomas M. 7appia TML/dmo Attachment ec: Richard J. Pearo (via email) Jerry Pearo (via email) PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered 20 by and between _ ("Seller'), and The a Minnesota municipal corporation ("Buyer"). ARTICLE 1 PROPERTY into this day of a City of Columbia Heights, 1.1 Legal Description - Subject to the terms, conditions, representations and warranties set forth herein, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, property located at 675 37th Avenue NE in the City of Columbia Heights, County of Anoka, State of Minnesota, legally described on Exhibit A attached hereto and incorporated herein by reference and all hereditaments, easements and. appurtenances thereto belonging or in any way appertaining (the "Property"). ARTICLE 2 PURCHASE PRICE 2.1 Purchase Price - Buyer, in consideration of the mutual covenants and agreements contained herein, hereby agrees to pay to Seller as the purchase price for the Property the sum of Five Hundred Eighty Thousand Dollars ($580,000.00) (the "Purchase Price"). 2.2 Payment of Purchase Price - The Purchase Price shall be paid by Buyer to Seller as follows: a. $1,000.00 earnest money (the "Earnest Money") by Buyer's check to be placed in an interest-bearing escrow account (the "Escrow Account") with an escrow agent of Buyer's choice (the "Escrow Agent") within two (2) business days after the Effective Date (as hereinafter defined). All interest accruing on the Earnest Money shall accrue solely to the benefit of Buyer. Buyer and Seller shall each pay one-half of an Escrow Fee, if any, charged by Escrow Agent for its services in connection with administering the Escrow Account. b. $99,000.00 cash (the "Closing Funds"), guaranteed funds or wire transfer on the Closing Date as hereinafter defined, subject to prorations, adjustments and other matters specified herein. c. The balance of the Purchase Price shall be paid in accordance with the terms of a contract for warranty deed to be signed by the parties hereto on the Closing Date, as hereinafter defined (the "Contract for Deed") The Contract for Deed is attached hereto and incorporated herein by reference as Exhibit C. ARTICLE 3 TITLE EVIDENCE 3.1 Title Evidence - Within thirty (30) days of the Effective Date of this Agreement, as hereinafter defined, Seller shall cause to be delivered to Buyer, at Seller's expense, a commitment for an ALTA Form B 2006 Owner' s Title Insurance Policy, issued by a title company of Buyer's choice ("Title") (the "Commitment"), properly certified, including proper searches covering bankruptcies, state and federal tax liens, judgments, unpaid taxes, assessments and pending assessments, wherein Title agrees to issue to Buyer upon the recording of the Contract for Deed and conveyance documents an ALTA Form B 2006 Owner's Title Insurance Policy in the full amount of the Purchase Price. Said policy shall insure Buyer's title to the Property herein described subject to: (1) Building and zoning laws, ordinances, state and federal regulations; (2) Utility and other easements of record which do not interfere with Buyer's intended use of the Property; and (3) Any exceptions to title waived or approved by Buyer (collectively, the "Permitted Exceptions"). When the Commitment is delivered to Buyer, Title shall also deliver legible copies of any and all exceptions identified in the Commitment. 3.2 Survey - Within forty-five (45) days of delivery of the Commitment to Buyer, Seller shall cause to be delivered to Buyer, Buyer's lender, if any, and Title, at Seller's sole cost and expense, a current ALTA/ASCM Land Title Survey of the Property from a surveyor approved by Buyer ("Survey"), meeting Minimum Standard Detail Requirements for an Urban Survey (2005) prepared by a duly licensed land surveyor in the State where the Property is located and containing a certification in the form attached hereto as Exhibit B. On the Survey, all corners shall be properly staked or marked with iron rods and all matters of record identified in the Commitment which affect the Property shall be shown. 3.3 Title Evidence and Survey Review - Buyer shall have the duration of the Inspection Period (hereinafter defined) to examine the Commitment and Survey and to notify Seller of any objections thereto, specifically, defects or exceptions not herein agreed to by Buyer (the "Objections"). If Buyer fails to make any Objections to the exceptions to the title in writing within the Inspection Period, such Objections shall be deemed waived and the parties shall proceed to Closing. If any Objections are so made, Seller shall be allowed sixty (60) days from receipt of notice of such Objections to cause the exceptions to be removed. Seller agrees to use its best reasonable efforts to promptly satisfy any such Objections. If such defects are cured within said sixty (60) day period, Buyer shall be notified in writing of the curing of the defects, in which case the Closing Date shall be the later of the Closing Date specified in Article 9 or ten (10) days after the notice of cure to Buyer. If such exceptions are not cured within sixty (60) days from the date of Seller's receipt of the written Objections and Buyer does not waive the curing of the defects, Buyer will have the option to do any of the following: (1) Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued on the Earnest Money; (2) Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Escrow Agent, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorneys' fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow; or (3) Waive the Objections and proceed to close. ARTICLE 4 INSPECTION 4.1 Inspection Period - Buyer shall have one hundred eighty (180) days from receipt of the Commitment to undertake an inspection and examination ("Inspection Period") of all aspects of the Property, including but not limited to: a. Physical Inspection - Buyer and its duly authorized agents shall have the right to inspect the physical condition of the Property, including, but not limited to obtaining: (i) a soil and drainage test report by an engineer satisfactory to Buyer showing that the soil condition of the Property is presently suitable for Buyer's intended use without resort to extraordinary soil preparation procedures and (ii) a Phase 1 environmental assessment from an environmental engineer satisfactory to Buyer showing that the Property is free of contamination from any hazardous waste, pollutants or contaminants, the release and clean-up of which is regulated by any federal, state or local governmental agency or entity. b. Delivery of Reports - Within fifteen (15) days after the Effective Date of this Agreement (as hereinafter defined), Seller shall deliver to Buyer for Buyer's use in review of the Property, all notices, approvals, plans, specifications, surveys, engineering reports, soil studies reports, environmental studies or assessments and similar documents in possession of Seller (whether prepared by Seller, Seller's agents or independent contractors, any governmental authority or agency, federal, state or local, or any other third party), or possession of which Seller can obtain through reasonable efforts, relating to the Property and its development. If Buyer does not close hereunder, said documentation shall be returned to Seller. c. Entrance onto Property - Buyer and its duly authorized agents shall have the right during the period from the date of this Agreement to Closing, to enter in and upon the Property in order to make, at Buyer's expense, surveys, measurements, soils tests and other tests as Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, suits, proceedings, demands, assessments, costs, expenses and attorneys' fees. In the event Buyer, in its sole and absolute discretion, is not satisfied with the results of the inspection and examination of the Property, Buyer shall have the right to terminate this Agreement by giving written notice to Seller on or before the end of the Inspection Period. In the event such notice is given, this Agreement shall automatically terminate and all rights, obligations and liabilities of the parties hereunder shall terminate and be forever discharged, except for those that specifically survive termination. Escrow Agent shall return the Earnest Money to Buyer upon such notice of termination. In the event Buyer does not provide such notice to Seller within the prescribed time period, Buyer's right of termination. under the terms of this paragraph shall be deemed to have been waived and this Agreement shall remain in full force and effect. ARTICLE 5 BUYER'S CONDITIONS PRECEDENT 5.1 Conditions Precedent - The obligation of Buyer to consummate the transactions contemplated by this Agreement is expressly subject to satisfaction, as determined by Buyer in its absolute discretion, of the conditions listed below (the "Conditions Precedent") To the extent such conditions are not met, as hereinafter provided, Buyer shall have the right to terminate this Agreement, receive a refund of all Earnest Money, or alternatively to extend of to waiver such conditions and proceed to Closing as hereinafter provided. a. Title - Marketability of title to the Property has been established in accordance with the provisions of this Agreement, subject only to the Permitted Exceptions herein described. b. Representations and Warranties - This Agreement is conditioned upon all the representations and warranties made herein by Seller being true as and when made, and true as of the Closing Date hereunder. If any of the Conditions Precedent are not satisfied by the Closing Date, then Buyer, in Buyer's sole discretion, may declare this Agreement null and void and receive a refund of all Earnest Money paid hereunder, or, in the alternative, waive such Conditions Precedent and proceed to Closing as if such Conditions Precedent are satisfied. ARTICLE 6 SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES 6.1 Covenants, Representations and Warranties - To induce Buyer to enter into this Agreement, Seller covenants, represents, warrants or agrees, as follows: a. Marketable Title - Seller has good and marketable fee simple title interest to the Property. As of the Closing Date, the Property will be free and clear of all liens, security interests, all encumbrances, leases or other restrictions except the Permitted Exceptions. b. Intentionally omitted. c. Delivery of Reports - Seller shall deliver to Buyer for Buyer's use in review of the Property all plans, surveys, engineering reports, soils study reports, environmental studies or assessments, meeting notes, notices or reports from governmental authorities and similar documents in possession of Seller, or possession of which Seller can obtain through reasonable efforts, relating to Property in the time frame provided in Article 3 and Article 4. d. No Potential Liens - There has been no labor performed and no materials furnished to the Property at Seller's request or direction by any person or persons, or any other entities, within the past one hundred twenty (120) days for which payment has not been made. e. Leases and Other Interests - No portion of the Property is subject to any option, purchase agreement or right of first refusal and no portion of the Property is subject to any lease or other possessory interest which cannot be cancelled or otherwise terminated on or before the Closing Date. As of Closing, Seller shall have caused to have all possessory interests cancelled and removed, such that at Closing Buyer shall have the immediate and unlimited right to enter into possession of the Property without any limitation or restrictions. f Hazardous Materials - Seller represents and warrants that the Property and its existing and all prior uses comply and have at all times complied with, and Seller is not in violation of, has not violated, in connection with its ownership, use, maintenance or operation of the Property and the conduct of the business related thereto, any applicable federal, state, county or municipal or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the "Environmental Laws") and all other applicable environmental standards or requirements. (i) Neither Seller, its agents, employees and independent contractors nor any tenant has operated the Property for the purpose of receiving, handling, using, storing, treatment, transporting and disposing of petroleum products or any Hazardous Substance or Material meaning asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products or other dangerous or toxic or hazardous pollutant, contaminant, chemical material or other substance defined in said Environmental Laws, or other toxic dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance exposure which is prohibited, limited or regulated by any federal, state, county, regional or local authority (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"); (ii) there are no existing or pending remedial actions or other work, with respect to the Property in connection with the Environmental Laws, nor has Seller received any notice of any of the same; (iii) no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on, or, to the actual knowledge of Seller, adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind; (iv) there are not electrical transformers or other equipment containing dielectric fluid containing polychlorinated biphenyls in excess of 50 parts per million located in, on or under the Property, nor is there any friable asbestos contained in, on or under the Property; (v) there are no locations off the Property where Hazardous Materials generated by or on the Property have been treated, stored, deposited or disposed of; (vi) there is no fact pertaining to the physical condition of either the Property or the area surrounding the Property and which materially adversely affects or will materially adversely affect the Property or the use or enjoyment or the value thereof or Seller's ability to perform the transactions contemplated by this Agreement; {vii) the sale of the Property by Seller to Buyer does not require notice to or the prior approval, consent or permission of any federal, state or municipal or local governmental agency, body, board or official; (viii)no notices of any violation of any of the matters referred to in the foregoing sections relating to the Property or its use have been received by Seller and there are no writs, injunctions, decrees, orders or judgments outstanding, no lawsuits, claims, proceedings or investigations pending or threatened, relating to the ownership, use, maintenance or operation of the Property, nor is there any basis for any such lawsuit, claim, proceedings or investigation being instituted or filed; g. Pending Actions - Seller has no notice of any action, litigation, proceeding or investigation against Seller which would affect the Property or the right of Seller to sell and convey the Property or any action, litigation, proceeding or investigation, including without limitation any eminent domain proceeding, which could result in any lien, claim, right or interest in the Property in favor of any third party, except for matters of record and disclosed herein; h. Status of Seller - Seller is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code; i. Representation or Varranty - No representation or warranty by Seller in this Agreement or in any instrument, certificate or statement furnished to Buyer pursuant hereto, or in connection with the transaction contemplated hereby, contains or will contain any untrue statement of a material fact or fail to state any material fact necessary to make the statements contained herein or therein not misleading. The representations and warranties set forth in this Article 6 shall be continuing and shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time and all such representations and warranties shall survive Closing and shall not be affected by any investigation, verification or approval by any party thereto or by anyone on behalf of any party hereto and shall not merge into the Contract for Deed being delivered at Closing. Seller agrees to indemnify and hold Buyer harmless from and against and to reimburse Buyer with respect to any and all claims, demands, causes of action, loss, damage, liabilities, and costs (including attorneys' fees and court costs) asserted against or incurred by Buyer by reason of or arising out of the breach of any representation or warranty as set forth in this Article 6. ARTICLE 7 TAXES AND SPECIAL ASSESSMENTS 7.1 Real Estate Taxes - All real estate taxes due and payable in the years prior to Closing shall be paid by Seller. Seller shall be responsible for all deferred taxes. All real estate taxes due and payable in the year of Closing shall be prorated as of the Closing Date, with Buyer responsible for the Closing Date. In the event the current year's tax amount is not then available, the taxes shall be prorated based upon the previous year's tax bill, adjusted in accordance with known changes. Either party may request that the taxes be prorated in accordance with the actual tax amount. All real estate taxes due in the year subsequent to the year of Closing and thereafter shall be the responsibility of Buyer. If this sale requires a division of an existing tax parcel owned by Seller, Seller hereby agrees to pay all taxes on the division at the time of Closing as may be required by law. 7.2 Special Assessments - Seller shall pay in full all special assessments, whether levied, deferred or pending against the Property as of the Closing Date, including any installments thereof certified for payment with real estate taxes in the year of Closing. ARTICLE 8 CLOSING DATE 8.1 Closing Date - Unless an earlier day is mutually agreeable to Buyer and Seller, Closing hereunder shall be the latter of (i) thirty (30) days after satisfaction or waiver of all Conditions Precedent by Buyer, or (ii) May 31, 2010 (the "Closing Date") Unless otherwise agreed upon by Buyer and Seller, Closing shall occur at 10:00 a.m. on the Closing Date at a location mutually agreeable to the parties ("Closing"). 8.2 Documents - At Closing, upon receipt of the Purchase Price, subject to prorations and adjustments provided for herein, Seller shall execute and deliver to Buyer the following: a. a sufficient and recordable Contract for Deed conveying good and marketable record fee simple title in and to the Property, subject only to the Permitted Exceptions; b. an owner's affidavit in standard form acceptable to Title indicating that Seller (i) has exclusive possession of the Property; (ii) that the Property is not subject to mechanics' liens; and (iii) that Seller is not a foreign person as contemplated by Section 1445 of the Internal revenue Code to avoid the necessity of withholding a portion of the Purchase Price and indicating Seller's Taxpayer's Identification Number; c. an ALTA Form B 2006 Owner's Title Insurance Policy, or suitable marked up copy of the Commitment in the form required hereunder; and d. Any other documents that may be required by this Agreement, all in a form satisfactory to Buyer. 8.3 Delivery of Purchase Price; Obligations at Closing - At Closing, and subject to the terms, conditions and provisions hereof and the performance by Seller of its obligations as set forth herein, the Earnest Money shall be delivered to Seller and the Buyer shall deliver the Closing Funds to Seller, with the balance of the Purchase Price paid in accordance with the Contract for Deed, pursuant to Article 2 hereof. 8.4 Possession - Risk of loss shall remain with Seller until Closing. At Closing, all rights to possession of the Property shall vest in Buyer, except that Buyer, after the Inspection Period, has rights of entry as hereinabove provided. ARTICLE 9 CLOSING COSTS 9.1 Seller's Closing Costs - Seller shall pay for the following: a. The costs of the Survey and Commitment; b. Its prorata share of real estate taxes; c. All special assessments, whether levied, deferred or pending on the Property as of the Closing Date, including any installments thereof certified for payment with real estate taxes in the year of Closing; d. Costs to correct any title defects as hereinabove provided; e. Seller's attorneys' fees; f. The cost of recording the satisfaction of any existing mortgage °~ and any other document necessary to make title marketable; and g. One-half of any escrow fee or closing fee to be charged by Escrow Agent. 9.2 Buyer's Closing Costs - Buyer shall pay for the following: a. The costs for recording the Contract for Deed; b. All costs related to inspections, permitting, zoning or other fees incident to seeking approvals provided for above, if any; c. The cost of the ALTA Form B 2006 Owner's Title Insurance Policy; d. Its prorata share of real estate taxes; e. Buyer's attorneys' fees; and f. One-half of any escrow fee or closing fee to be charged by Escrow Agent. ARTICLE 10 NOTICES 10.1 Notices - All notices, demands, writings, supplements or other documents which are required or permitted by the terms of this Agreement to be given to any party, shall be delivered in person, by a national overnight courier company or shall be deposited in the United States Mail first class, postage prepaid, return receipt requested, addressed as set forth below and shall be effective upon such deposit, or when given via facsimile transmission (with verification of receipt): SELLER: with a copy to: BUYER: The City of Columbia Heights 1~ Attn: Kevin Hansen, City Engineer with a copy to: Angela M. Samec, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Email: asamec~bgs.com Phone: 763-783-5119 Fax: 763-780-1777 ARTICLE 11 REMEDIES 11.1 Seller's Remedy - If Buyer defaults in the performance of this Agreement, Seller's sole and exclusive remedy shall be to cancel this Agreement, and the Earnest Money shall be released to Seller and deemed to be the liquidated damages hereunder and this Agreement shall be of no further force and effect. 11.2 Buyer's Remedies - If Buyer terminates this Agreement as herein provided, or if Seller defaults in the performance of this Agreement due to its inability to perform at Closing, (i) Buyer may elect to cancel this Agreement and the Earnest Money paid by Buyer shall be immediately refunded to Buyer, or (ii) Buyer shall be entitled to all remedies at law or equity which may be available, including an action for specific performance. ARTICLE 12 CONDEMNATION; CASUALTY 12.1 Condemnation - If prior to the Closing Date all or part of the Property becomes the subject of a condemnation proceeding by any governmental authority, then Buyer shall have the right to elect within twenty (20) days of receiving actual notice of such proceeding to: a. take title to the Property on the Closing Date without an abatement or adjustment to the Purchase Price, in which event Seller shall unconditionally assign Seller's rights in the condemnation award (or portion thereof allocated to the portion of the Property being taken) to Buyer (or give Buyer a credit against the Purchase Price equal to such award if it has theretofore been received by Seller); or b. terminate this Agreement, whereupon the duties and obligations thereunder of the parties shall end, and Title shall promptly return the Earnest Money to Buyer. 12.2 Casualty - If prior to the Closing Date all or a material part of the Property becomes the subject of a casualty that materially adversely affects Buyer's ability to use the Property, then Buyer shall have the right to elect within twenty (20) days of receiving actual notice of such proceeding to: a. take title to the Property on the Closing Date without an abatement or adjustment to the Purchase Price, in which event Seller shall unconditionally assign Seller's rights in any insurance proceeds, if any, (or portion thereof allocated to the Property) to Buyer (or give Buyer a credit against the Purchase Price equal to such proceeds if they have theretofore been received by Seller); or b. terminate this Agreement, whereupon the duties and obligations thereunder of the parties shall end, and Title shall promptly return the Earnest Money to Buyer. ARTICLE 13 ESCROW AGENT 13.1 Escrow Agent - Escrow Agent is authorized and agrees by acceptance thereof to promptly deposit the Earnest Money as provided herein and to hold same in escrow and to disburse the same in accordance with the terms and conditions of this Agreement. If the Escrow Agent receives notice from Buyer during the Inspection Period requesting that the Earnest Money be returned to Buyer, Escrow Agent shall be authorized to immediately do so and simply notify Seller in writing of such event. If Escrow Agent receives written notice from Buyer that the conditions set forth as Conditions Precedent in this Agreement have not been met, or cannot be met, then in such event the Escrow Agent shall give written notice to Seller that Buyer is seeking to cancel this Agreement and requesting a release of the Earnest Money, and in said notice Escrow Agent shall provide Seller ten (10) days within which time to register objection to the release of the Earnest Money per Buyer's request. If written objection is not received within said time frame, with reasons states for such objection, then in such event Escrow Agent shall be, and the same hereby is authorized to release said funds and this Agreement shall be of no further force and effect. The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties to this Agreement. Escrow Agent may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Buyer and Seller hereby acknowledge such fact and indemnify and hold harmless Escrow Agent from any action taken by it in good faith in reliance thereon. Escrow Agent shall have no duty or liability to verify any such notice, consent, order or other document, and its sole responsibility shall be 1}2 to act as expressly set forth in this Agreement. Escrow Agent shall be under no obligation to institute or defend any action, suit or proceeding in connection with this Agreement unless first indemnified to its satisfaction. If any dispute arises with respect to the disbursement of any monies, Escrow Agent may continue to hold the same or commence an action in interpleader and in conjunction therewith remit the same to a court of competent jurisdiction pending resolution of such dispute, and the parties hereto hereby indemnify and hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties hereunder. The parties hereto agree that there may exist a potential conflict of interest between the duties and obligations of Escrow Agent pursuant to this Agreement and as insurer of the title to the Property after sale from Seller to Buyer. The parties hereto acknowledge such potential conflict of interest arising as a result of the exercise of its duties hereunder and in determining whether it can give its irrevocable commitment to insure title. ARTICLE 14 MISCELLANEOUS 14.1 Survival of Warranties - Any warranties, covenants and representations herein shall survive the execution of this Agreement and any other documents and shall not be merged into said documents. 14.2 Waiver; Remedies Cumulative - No delay on the part of Buyer in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by Buyer of any right or remedy shall preclude other and further exercise thereof or the exercise of any other right or remedy, all remedies hereunder and otherwise provided by law being cumulative. 14.3 Construction - This Agreement shall be construed under the laws of the state in which the Property is located. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any such provision of this Agreement shall be determined to be invalid or unenforceable, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating or otherwise affecting the remaining provisions of this Agreement. 14.4 Counterparts - This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which counterparts of this Agreement taken together shall constitute but one and the same instrument. Receipt of a facsimile transmission (followed promptly by an original executed counterpart) shall be deemed receipt of an original. 14.5 Binding Effect; Assignment - This Agreement is fully assignable by Buyer or Buyer's assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 1}3 14.6 Headings - Article and Section headings used in this Agreement are for the convenience only and shall not affect the construction of this Agreement. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 14.7 Brokers - Seller and Buyer represent and warrant to each other that no broker is engaged in connection with the sale and purchase contemplated by this Agreement. Seller and Buyer each hereby agree to indemnify and hold the other harmless from any claim (including reasonable expenses incurred in defending such claim, including attorneys' fees and other expenses) made by any other broker or sales agent or similar party for a commission claimed to be due under the terms of any brokerage agreement entered into by the indemnifying party, or otherwise claimed due in consequence of any action taken by the indemnifying party. These indemnities shall survive the Closing. 14.8 Time of Essence - Time is of the essence of this Agreement. 14.9 Recovery of Costs and Attorneys' Fees - In the event it becomes necessary to commence litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to payment of all of its expenses, including reasonable attorneys' fees in trial and appellate proceedings, this provision shall survive Closing hereunder. 14.10 Seller shall not from the Effective Date of this Agreement, execute any in of any type (including, but not limited to, leases, deeds, mortgages or liens) affecting the property without the prior written consent of Buyer. 14.11 All deposits or other payments made hereunder, at any time, whether to Escrow Agent or any sums released to Seller(s), shall be fully applicable to the Purchase Price unless stated to the contrary in this Agreement. 14.12 Seller acknowledges and agrees that Buyer's attorney, Angela M. Samec of the law firm of Barna, Guzy & Steffen, Ltd, or in her absence, her partners, may give notices on behalf of Buyer hereunder, and if an attorney has appeared for Seller, notice to that attorney shall be deemed notice to Seller, and that attorney may likewise give notice on behalf of Seller. 14.13 Anything herein to the contrary notwithstanding, to the extent this Agreement is subject to any governmental, legal or regulatory approvals of any kind or type, no approvals shall be deemed final until approvals have been obtained from the last reviewing or administrative body, and all appeal times have expired. To the extent any approvals are called for by and between Buyer and Seller hereunder, no approvals shall be unreasonably withheld, and upon request, any party disapproving any action will put in writing the basis for not approving the request. l~l ARTICLE 15 OFFER AND ACCEPTANCE 15.1 Offer - Delivery of a copy of this Agreement executed by Buyer shall constitute an offer by Buyer to purchase the Property upon the terms and conditions set forth herein. 15.2 Acceptance - Execution of a copy of this Agreement by Seller shall constitute an acceptance by Seller of the offer of Buyer. 15.3 Termination of Seller and a copy of thi delivered to Buyer prior 2 0 the offer by Buyer whatsoever. Offer - Unless Buyer's s Agreement executed by to 5:00 o'clock p.m. shall terminate and be (Signature page to follow] offer is accepted by Seller is personally on , of no further effect 1}5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above ("Effective Date"). SELLER: BUYER: By Its THE CITY OF COLUMBIA HEIGHTS, a I~i By Its EXHIBIT A TO PURCHASE AND SALE AGREEMENT LEGAL DESCRIPTION 1}7 EXHIBIT B TO PURCHASE AND SAFE AGREEMENT FORM OF SURVEYOR'S CERTIFICATION I hereby certify to corporation, corporation, The City of Columbia Heights a Minnesota municipal a Title, and _. (name of lender to be supplied at a later date) that this survey of the following described property was made by me (or under my direction and supervision) on the day of 20 (Insert proper legal description) I further certify that the subject property was personally inspected by me and correctly and accurately shows (a) the area, boundary lines, lot lines and adjacent streets and rights-of-way of the subject property; (b) the location and dimensions of all improvements, easements, fences, ditches, set-back requirements, utilities, streets and rights-of-way of record, in evidence or known to me on the subject property; (c) all easements, restrictions and covenants of record affecting the subject property and the same are referenced to the appropriate recorded document number or other applicable recording information; (d) that except as specifically noted on the survey, there are no encroachments onto adjacent property or onto easements or rights-of-way by any improvements or other obstructions located on the subject property, and there are no encroachments onto the subject property by any improvements or other obstructions located on adjacent property; (e) that there are no gaps or overlaps in the referenced legal description; (f) all means of ingress and egress from the subject property, the same being paved, dedicated public right(s)-of- way; and (h) the described property is not located in a flood plain designated under any state or federal law. Dated: 20 By L.S. No. 1~ EXHIBIT C TO PURCHASE AND SALE AGREEMENT FORM OF CONTRAT FOR DEED COIriTRACT FOR DEED Date: , 20 THIS CONTRACT FOR DEED (the "Contract") is made on the above date by a Seller (whether one or more), and City of Columbia Heights, a Minnesota municipal corporation, Purchaser (whether one or more). Seller and Purchaser agree to the following terms: I. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in Anoka County, Minnesota, described as follows: together with all hereditaments and appurtenances belonging thereto (the Property). Unless otherwise specified, Seller hereby delivers possession of the Property to Purchaser on the date hereof. Seller check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. ^ A well disclosure certificate accompanies this document. ^ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 2. TITLE. Seller warrants that title to the Property is, on the date of this Contract, subject only to the following exceptions: Ip (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances and regulations; (e) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this Contract; and (f) The following liens or encumbrances: 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full performance of this Contract, Seller shall: (a) Execute, acknowledge and deliver to Purchaser a Warranty Deed, in recordable form, conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c), (d), (e) and (f) of this Contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this Contract; and (iii) The following liens or encumbrances: (b) Deliver to Purchaser the abstract of title to the Property without further extensions, to the extent required by the purchase agreement (if any) between Seller and Purchaser. 4. PURCHASE PRICE. Purchaser shall pay to Seller, at a place designated by Seller, the sum of $580,000.00 as and for the purchase price (the "Purchase Price") for Property, payable as follows: (a) $100,000.00 cash, guaranteed funds or wire transfer, receipt of which is hereby acknowledged; (b) The balance of $480,000.00 payable as follows: (i) Initial Interest Rate. Commencing on and continuing for a period of five (5) years) until (the "First Change Date"), the annual rate of interest to accrue on the outstanding principal balance hereof shall be six point five percent (6.5%). (a) (ii) Interest Rate Adjustment. (b) (1) First Change Date. Commencing on the first day after the First Change Date and continuing for a period of five (5) years until (the "Second Change Date"), the rate of interest which shall accrue shall be paid at a definite and certain fixed interest rate equal to two point five percentage points (2.5%) per annum in excess of the Prime Rate (as hereinafter defined) as reported on the First Change Date, with a floor interest rate of seven point five percent (7.5%) and a cap interest rate of ten percent (10%). (2) Second Change, Date. Commencing on the first day after the Second Change Date and continuing for a period of five (5) years until (the "Maturity Date"), the rate of interest which shall accrue shall be paid at a definite and certain fixed interest rate equal to two point five percentage points (2.5%) per annum in excess of the Prime Rate (as hereinafter defined) as reported on the Second Change Date, with a floor interest rate of seven point five percent (7.5%) and a cap interest rate of ten percent (10%). The Prime Rate, as used herein, is the WALL STREET JOURNAL PRIME RATE OF INTEREST which is the rate published in the Money Rate Section of the WALL STREET JOURNAL. If such rate is no longer published, then in such event, Seller may use a similar rate of interest which is publicly announced by a major commercial banking institution located in Minneapolis, Mim~esota. Interest shall be calculated on the principal balance outstanding at the end of each day and on the basis of a year of three hundred sixty five (365) days but shall accrue and be payable on the achial number of days in the month. (iii) Principal and Interest Payments Until First Change Date. Commencing on 20_, and on the first (ls`) day of each and every month thereafter through the I+irst Change Date, Purchaser shall make an installment payment of principal and interest in the amotmt of $ which is an amount sufficient to fully amortize the principal balance at the interest rate herein provided for over a period of one hundred eighty (180) months. (iv) Principal and Interest Payments From First Change Date Until Second Chan eg_Date. Commencing on , 20_, and on the first (1S`) day of each and every month thereafter through the Second Change Date, the interest rate shall be recalculated as provided herein and Purchaser shall make an installment payment of principal and interest in an amount sufficient to fully amortize the outstanding principal balance as of the First Change Date, over a period of one hundred twenty (120) months. (v) Principal and Interest Payments From Second Change Date Until Maturity Date. Commencing on , 20 ,and on the first (1S`) day of each and every month thereafter through the Maturity Date, the interest rate shall be recalculated as provided herein and Purchaser shall make an installment payment of principal and interest in an amount sufficient to frilly amortize the outstanding principal balance as of the First 2}1 Change Date, over a period of sixty (60) months, provided the lull remaining principal balance hereof, all accrued interest thereon, and all other sums due hereunder shall be frilly due and payable on the Maturity Date. Payments shall be made by sending them to: Seller may ask Purchaser to send the payment to a different address. 5. PREPAYMENT. Purchaser shall have the right to prepay this Contract during the first ten (10) years upon paying a prepayment penalty of twenty percent (20%) of the remaining principal balance of this Contract. Purchaser shall have the right to prepay this Contract during the last five (5) years upon paying a prepayment penalty of ten percent (10%) of the remaining principal balance of this Contract. Unless otherwise provided in this Contract, Purchaser shall have the right to fully or partially prepay this Contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this Contract, including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. 6. REAL ESTATE TAXES AND ASSESSMENTS. Real estate taxes and installments of special assessments which are due and payable in the year in which this Contract is dated shall be paid as follows: Prorated between Seller and Purchaser as of the date of closing. Purchaser shall pay, before penalty accrues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable in all subsequent years. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this Contract is dated are paid in full. If the Property is subject to a recorded declaration providing the assessments to be levied against the Property by any owners' association, Purchaser shall promptly pay, when due, all assessments imposed by the owners' association or other governing body as required by the provisions of the declaration or other related documents. 7. PROPERTY INSURANCE. (a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, lightning and such other perils as are included in a standard "all-risk" endorsement, and against loss or damage by all other risks and hazards covered by a standard extended coverage insurance policy, including, without limitation, vandalism, malicious mischief, burglary, theft and, if applicable, steam boiler explosion. Such insurance shall be in an amount no less than the full replacement cost of the buildings, improvements and fixtures, without deduction for physical depreciation. If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchaser shall promptly give notice of such damage to Seller and the insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this Contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance of insurance proceeds, if any, shall be the property of Purchaser. (b) PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in default under this Contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise, Purchaser may elect to have that portion of such insurance proceeds necessary to repair, replace or restore the damaged Property (the "Repairs") deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the Repairs are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the Repairs, Purchaser shall, before the commencement of the Repairs, deposit into such escrow sufficient additional money to insure the fizll payment for the Repairs. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Purchaser shall at all times be responsible to pay the frill cost of the Repairs. All escrowed funds shall he disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incun-ed or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow before the commencement of the Repairs. Purchaser shall complete the Repairs as soon as reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be completed by Purchaser within one year after the damage occurs. If, following the completion of and payment for the Repairs, there remain and undisbursed escrow funds, such funds shall he applied to payment of the amounts payable by Purchaser under this Contract in accordance with paragraph 8 (a) above. (c) OWNERS' ASSOCIATION. If the property is subject to a recorded declaration, so long as the owners' association maintains a master or blanket policy of insurance against fire, extended coverage perils and such other hazards and in such amount as are required by this Contract, then (i) Purchaser's obligation in this Contract to maintain hazard insurance coverage on the Property is satisfied; (ii) the provisions of paragraph 8(a) of this Contract regarding application of insurance proceeds shall be superseded by the provisions of the declaration or other related documents; and (iii) in the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum secured by this Contract, with the excess, if any, paid to Purchaser. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY (a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this Contract to any person or persons or property while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorneys' fees, on account of or arising out of any such injuries. However, Purchaser shall have no liabilities or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchaser shall, at Purchaser's own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this Contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this Contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid. Such amounts shall be applied in the same manner as a prepayment, as provided in paragraph 5 of this Contract. Such payment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance, if any, shall be the property of Purchaser. 12. WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings, improvements or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens or adverse claims. 13. COMPLIANCE WITH LAWS. Except for matters which Seller has created, suffered or permitted to exist prior to the date of this Contract, Purchaser shall comply or cause compliance with all laws and regulations of any govermnental authority which affect the Property or the manner of using or operating the same, and with all restrictive covenants, if any, affecting title to the Property or the use thereof. 14 RECORDING OF CONTRACT DEED TAX. Purchaser shall, at Purchaser's expense, record this Contract in the office of the county recorder or registrar of titles in the county in which the Property is located with four (4) months after the date hereof. Purchaser shall pay any penalty imposed under Minnesota Statutes Section 507.235 for failure to timely record the Contract. Seller shall, upon Purchaser's full performance of this Contract, pay the deed tax due upon the recording of the deed to be delivered by Seller. 15. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assign their interest in the Property, assigning party shall promptly furnish a copy of such assignment to the non- assigning party. 16. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required tinder the terms of this Contract or fail to perform any of Purchaser's obligations as set forth in this Contract, Seiler may, at Seller's option, pay the same or cause the same be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this Contract, as an additional amount due Seller under this Contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this Contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchaser may, at Purchaser's option, pay any such delinquent amounts or take any actions reasonably necessary to cure defaults thereunder and deduct the amounts so paid together with interest at the rate provided in this Contract from the payment(s) next coming due under this Contract. 17. DEFAULT AND REMEDIES. The time of performance by Purchaser of the terms of this Contract is an essential part of this Contract. Should Purchaser fail to timely perform any of the terms of this Contract, Seller may, at Seller's option, elect to declare this Contract cancelled and terminated by notice to Purchaser in accordance with applicable law or elect any other remedy available at law or equity. If Seller elects to terminate this Contract, all right, title and interest acquired under this Contract by Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this Contract (including escrow payments, if any) shall belong to Seller as liquidated damages for breach of this Contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this Contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this Contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law, Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. Failure by Seller to exercise one or more remedies available under this paragraph 17 shall not constitute a waiver of the right to exercise such remedy or remedies thereafter. 18. BINDING EFFECT. The terms of this Contract shall run with the land and bind the parties hereto and their successors in interest. 19. HEADINGS. Headings of the paragraphs of this Contract are for convenience only and do not define, limit or construe the contents of such paragraphs. 20. ADDITIONAL TERMS: Seller shall pay for the costs for the documentary stamps to be affixed to the Warranty Deed. SELLER(S) STATE OF MINNESOTA) ss. COUNTY OF ) PURCHASER(S) The foregoing instrument was acknowledged before me this _ day of 20 , by Notary STATF, OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20, by THIS INSTRUMENT WAS DRAFTED BY: Barna, Guzy & Steffen, Ltd. to: 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (763)780-8500 Notary Tax Statements for the Real Property Described in this Instrument should be sent FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES PRIORITY OVER PURCHASERS' INTEREST 1N THE PROPERTY. 440635_2 e wp t ~ ~ n F, . 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W O , N .t' ..3 4 ~~ ~ a, ~ a ~ •'g~ r ~ t~ ~ ~ r ~_~ ~'st~ ~_ , -' a e ;: y ~s:N'_', ;- ;; i_ ~"`' I ih~ -~~ lc rs t. a~ ~ ~ ~~ s'te star all r rest t Cl °; :;~ , t ~ esls ver r . aerl I r e ~°~ .~~~ ~~ 1 e tl lease sl t t ers - , N t V,i `i r, 0 50 100 Feet ;~.~.,. ~. .x,~ '~ r~~~ .. _~ y -a., ~cistl ra e E" . .. ... .. .. ro.~ ~ CITY COUNCIL LETTER (Page 1 of 3) MEETING OF: JANUARY 12, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION 2009-01 BY: JOE KLOIBER BY: AUTHORIZE CERTAIN INTERFUND TRANSFERS AND INTERFUND LOAN TERMS DATE: DECEMBER 30, 2008 A number of City and EDA funds have reached a point where it is no longer cost-effective or logical to continue to account for them as separate funds. As a matter of good accounting and reporting practice, staff recommends that Council authorize transfers to close out these funds and combine their limited remaining functions, if any, into other existing funds. In addition, updates to the terms of certain interfund loans are required to reflect changes in the underlying events. The particular circumstance for each recommended transaction is detailed below. Staff also recommends that these transfers be effective December 31, 2008 to avoid carrying most of these items into the 2009 fiscal year. Approximate dollar amounts are listed below for the Council's reference, because all 2008 transactions are not yet recorded and audited. The attached resolution uses language intended to capture the entire fund balance of each of these funds after all 2008 transactions have been finalized. Staff has tried to make this list as complete as possible at this time. However, as the 2008 yearend accounting is completed over the next couple months, additional 2008 items of this nature inay come to light that will be brought to the Council at such time. 1) Transfer ending fund balance (approx. $45,000) of Fund 887 Flex Benefit to the General Fund 101, and reclassify the Flex Benefit activity as part of the General Fund. Reason: When the flex benefit program was started several years ago there was no historical trend on which to project net plan costs. Consequently, internal funding in prior years exceeded net plan costs creating the current fund balance. In early 2008 staff analyzed cost trends of the plan and determined this prior fund balance was not required to cover future plan costs. 2008 and subsequent funding is expected to cover 2008 and subsequent plan costs. The very minimal amount of plan assets and liabilities remaining after the transfer will be reported in the CAFR as part of the General fund. 2) Transfer the ending fund balance (approx. $60,000) of Fund 250 C..A.S.E. to Fund 261 After School Programs Reason: Fund 250 C.H.A.S.E has had no activity for several years. The remaining fund balance represents unspent fees charged to recreation program participants in activities that were grant funded. To satisfy the grantor's intent, this fund balance should be used for additional activities of the same type. Fund 261 provides the same type of recreation activities. Page 2 3} Transfer ending fund balance (approx. $262,000) of Fund 290 Parking amp Assessments to Fund 405 Downtown Parking Maintenance (approx. $114,000 deficit.) Reason: These two funds were apparently created in the accounting system for the same activity. Fund 290 has the only assets for the activity and Fund 405 has received all the expenses of the activity. Note that this transfer only conforms the accounting system, these two funds have been combined into one column in the CAFR for several years. 4) Transfer ending fund balances of TIF Fund 386 (approx $5,000) and TIF Fund 370 (approx $25,000) to TIF Fund 379 (approx. $176,000) Reason: These three funds were created in the accounting system to account for TIF districts numbered by Anoka County as P4, S7, and P3 respectively. However, these three districts are all part of the same activity -the Scattered Site TIF -and they are combined into one TIF district report by the City's TIF consultant. The latter two have also been combined in the CAFR for a few years, but not in the accounting system. Additionally, these TIF districts have had no remaining eligible obligations for soiree time. The City's TIF reporting consultant and TIF attorney both recommended that the EDA decertify them almost two years ago. These funds will have to be repaid to Anoka County and the City will then receive back its proportional share without TIF restrictions. 5) Transfer ending fund balance (if any, approx. $-0-) of Fund 436 Liquor Capital Construction to Fund 439 Liquor Debt Service. Reason: The construction phase of the new liquor store project is completed, so there is no purpose to continue fund 436. 6) Forgive the $600,000 interfund loan (reference resolution 2004-04) from City Fund 390 Four Cities Bonds to Fund 204 EDA Administration as follows: • $581,962.50 in payment for the City's acquisition of the EDA's share of 825 41St Avenue NE, calculated at the Ol/O1/O8 carrying value • $18,037.50 as a transfer to close out the loan Reason: The City made this loan to the EDA to purchase the former NEI property in 2004. In 2008, the City began to use the property for the new Public Safety Building. 7) Transfer all the component pieces of the land at 825 41St Avenue that are held by City and the EDA funds, calculated at the 01/01/08 carrying value including capitalized demolition casts, to Fund 417 Public Safety Building Construction as follows: • $581,962.50 from Fund 204 EDA Administration • $365,585.87 from Fund 202 Anoka County CDG • $ 23,877.88 from Fund 420 Capital Improvement Development Reason: In 2008, the City began to use the property for the new Public Safety Building. 8) Transfer ending fund balance (approx. $7,000) of Fund 390 Four Cities Bonds to Fund 401 Capital Improvement Fund Page 3 Reason: Fund 390 has had no activity for several years other than the interfund loan forgiven in the above item 6. Note that this transfer only conforms the accounting system, these two funds have been combined into one column in the CAFR for a few years. 9) Transfer ending fund balance (approx. $158,000) of Fund 299 EDA Business Revolving Loans to Fund 204 EDA Administration Reason: Substantially all of the activities for which Fund 299 was created ended in prior years. Its only current activity is the on-going collection of an interfund loan made to the K2 TIF District Multi-Use Redevelopment Project (MURP.) That loan collection activity will also be transferred to and continued by Fund 204 EDA Administration by this action. 10) Forgive $400,000 of the $800,000 interfund loan (reference resolution 2004-60) from City Fund 420 Capital Improvement Development to Fund 204 EDA Administration, making the $400,000 forgiven a 2008 transfer. Reason: The City made an $800,000 loan to the EDA to purchase the former Burger King property at 3939 Central in 2004. After the building was demolished, the value of the property was reduced by nearly half. The amount by which the loan exceeds the value of the property has created a deficit in EDA Fund 204, as the EDA has no significant source from which to repay the loan other than the property. In order to comply with accounting standards, it is likely that the City's Auditor will expect this loan to be written down to the amount collectible. ll) Loan $930,227 from Fund 431 Capital Equipment Replacement General Government to Fund 411 Capital Improvement General Government Buildings at 0% interest. Reason: This is temporary internal financing for the 2008-2009 Murzyn Hall renovation project. Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-01 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2009-01 being a resolution to authorize certain interfund transfers and interfund loan teens. JPK 081231 ICOUNCIL Attaclunent COUNCIL ACTION: ICESLLTTI®I~ N0.2009®01 EING A SI.IJ'I'I1~1 AUT ®I2IZING CEI2'I'AII~ Il~l'I'EIZFTJI~I T SFERS AND I~T'I'E FUND L®Al~i TE 3 WHEREAS, the City of Columbia Heights has maintained certain separate funds listed below, and WHEREAS, the purposes for which these funds were created and maintained separately have been satisfied or expired; and WHEREAS, the City of Columbia Heights has determined it advantageous and cost-effective to consolidate its various funds' interests in the land at 825 41St Avenue NE under a single fund; and WHEREAS, the City of Columbia Heights has issued certain interfund loans to the Columbia Heights Economic Development Authority, the teens of which no longer reflect the current use and/or values of the land financed by said interfund loans; and WHEREAS, the City of Columbia Heights has determined the need to provide temporary interfund financing for certain renovations at the City's Murzyn Hall Property; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights authorizes the following interfund transfers and interfund loan terms effective December 31, 2008: 1. Transfer ending fund balance of Fund 887 Flex Benefit to the General Fund 101, and reclassify the flex benefit activity as part of the General Fund. 2. Transfer the ending fund balance of Fund 250 C.H.A.S.E. to Fund 261 After School Programs. 3. Transfer ending fund balance of Fund 290 Parking Rainp Assessments to Fund 405 Downtown Parking Maintenance. 4. Transfer ending fund balances of TIF Fund 386 and TIF Fund 370 to TIF Fund 379. 5. Transfer ending fund balance of Fund 436 Liquor Capital Construction to Fund 439 Liquor Debt Service. 6. Forgive the $600,000 interfund loan (reference resolution 2004-04) from Fund 390 Four Cities Bonds to Fund 204 EDA Administration as follows: • $581,962.50 in payment for the City's acquisition of the EDA's share of 825 41St Avenue NE, calculated at the 01/01/08 carrying value. ® $18,037.50 as a transfer to close out the loan. Transfer all the component pieces of the land at 825 41St Avenue that are held by City and the EDA funds, calculated at the 01/01/08 carrying value including capitalized demolition costs, to Fund 417 Public Safety Building Construction as follows: ® $581,962.50 from Fund 204 EDA Administration. $365,585.87 from Fund 202 Anoka County CDBG. $ 23,877.88 from Fund 420 Capital Improvement Development. 8. Transfer ending fund balance of Fund 390 Four Cities Bonds to Fund 401 Capital hnprovement Fund. 9. Transfer ending fund balance of Fund 299 EDA Business Revolving Loans to Fund 204 EDA Administration. 10. Forgive $400,000 of the $800,000 interfund loan (reference resolution 2004-60) from City Fund 420 Capital Improvement Development to Fund 204 EDA Administration, malting the $400,000 forgiven a 2008 transfer. 11. Loan $930,227 from Fund 431 Capital Equipment Replacement General Govermnent to Fund 411 Capital Improvement General Goverrunent Buildings at 0% interest. Passed this 12th day of January, 2009 Offered by: Seconded by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk t ~( CITY COUNCIL LETTER MEETING OF: January 12, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: TELEPHONE SYSTEM CONSULTANT BY: WILLIAM ELRITE BY: NO: DATE: DECEMBER 30, 2008 Back rg_ ound The last upgrade to the City's telephone system began in 1998. At that time requests for proposals for a consultant were submitted and three proposals from consulting firms were received. The cost range of these proposals was a low of $11,500 from Elert & Associates to a high of $22,450 from Haigh, Todd & Associates. Based on that, Elert & Associates was selected to evaluate the City's telephone needs and prepare a request for bids. In October 1999 the City's current telephone system was purchased from Mitel at a cost of $109,569. It was projected that the system would last between 10 and 12 years. At the present time this system is basically obsolete as it has not been in production for several years, no software upgrades are available, and parts are limited to only what is available on the market. With the construction of the public safety building and the need for a phone system at that location, it is tune to review and analyze the overall City system and replace it with a current state-of--the-art teleco>mnunications system. Current Need The current telephone system could possibly last an additional two years. However, with the construction of the public safety building we are faced with the need for phone service in the new building. It would not be cost- effective to hire a consultant to perform a request for proposals for a system in the new public safety building when we are looking at replacing the citywide system within the next two years. Subsequently, we are looking at purchasing of a new phone system that will fulfill the needs of the new public safety building, City Hall, the Library, Murzyn Hall and Public Works. Current Situation Staff has contacted Elert & Associates and has received a new proposal to perform a needs assessment/ schematic design (Phase I), a detailed specification/recommendation (Phase II), and implementation including database collection and preparation (Phase Ia). Elert & Associates was selected because of our longstanding relationship with theirs, the excellent service they have provided in the past, and because they have traditionally been the lowest cost consultant. Their fee proposal is broken down into three phases as listed below. Phase I Needs Assessment/Schematic Design $ 7,770 Phase II Preparation of Detailed Specifications and Recommendations $10,980 S~ttbtotal $18,750 Phase Ia Implementation/Database Collection and Preparation $ 8,100 Attached are excerpts from the proposal explaining Phases I, II, and Ia in more depth. RECOMMENDED MOTION: Move to the Mayor and City Manager to enter into a contract with Elert & Associates for consulting work to include determining specifications for a new telephone system, writing a request for proposals, preparing a detailed telephone database, and aiding with the implementation of the new system per their proposal at a cost of $26,850. AttaCh111ent: "Elelt 2.pdf' WEsms 0812301000NCIL COUNCIL ACTION: City of Columbia Heights, Minnesota Telecotnrnunications Consulting Proposal ,~C0~78 O,~ ®i'rd Elert & Associates understands that the City of Columbia Heights is seeking a qualified telecommunications consultant that will provide the. City assistance- with its telephone system and fiber optics connecting the new Public Safety Building. E&A understands the scope of work to include: ® equipment site survey ~ user /location needs analysis {key department contact interviews) ® best practices recommendations ® RFP creation ® Procurement process vendor/product selection ® contract negotiations assistance implementation planning optional ® implementation project management « wireless link {problem resolution assistance) ® new building plans/specifications review ® database collection ® design bid and inspect fiber optic installed to new safety facility Elect &Associates Page S ~~ City of Columbia Heights, Minnesota 7eleco»amunicalions Consulting Proposal rc.~e I: Nye ~ 14,~,~e,~,sezzt/ ~'cli~ at~~ ~,~i,~~t Meet with City management to clarify goals and objectives. 2. Collect all available data, including your equipment records and cabling diagrams of existing trunking facilities from all telecommunications providers. Conduct cursory telecommu~ucations paper audit. 4. Conduct user needs and locations: a. Conduct interviews with key personnel in the areas of telephone and data/text transmissions (2 interviews). b. Conduct focus group interviews with appropriate building and department management staff (8 meetuigs proposed with the fallowing departments: Administration, Police, Public Works, Community Development, Recreation, Library, Finance, Fire} to: 1} Review potential roadblocks to effective support and use of technology. 2} Review user needs and current level of telephone services _ equipment and features: i. existing ii. future Conduct equipment site survey including existing telephone and office automation systems: a. Capabilities/features of telephone systems b. Messaging services 1) Voice mail applications 2) Electronic mail/Unified messaging applications c. Investigate data network interfaces 6. * Review telephone and related equipment inventory (see Note 1). 7. Review/assess existing Local Area Network (LAN). *Note l: E&A to assist with inventory; City to conduct. Add 24 hours if E&A conducts inventory. For pre-installation database preparation, add 60 hours. Previously this database preparation was done in the implementation phase; however, we have found with the advent of convergence, vendors often place this responsibility on clients. (Please see Phase Ia: Database Collection and Preparation for further information.) `~~~ alert &~lssociates Page 6 City of Columbia Heights, Minnesota Telecommunications Consulting Proposal S. Review existing Wide Area Network (WAN) including a review of copper and fiber between buildings and its applicability with an enhanced system. 9. ** Conduct cursory cabling assessment and evaluate adequacy for future needs (see Note 2). 10. Review adequacy of equipment rooms, Main Equipment Rooms (IV1ERs) and Telecommunications Roams (TRs): a. Power b. HVAC c. Space 11. Determine capabilities of existing equipment and service: a. Summarize existing features b. Determine the extent that the existing features are being utilized 12. Review automated attendant/voice mail and Automated Call Distribution {A.C.D.) applications. Conduct costJbenefit analysis and provide recommendation on automated call handling equipment. 13. Review total expense for present system: Investigate present costs and prepare forecast for fixture analysis. 14. Summarize equipment requirements: Station equipment, auxiliary equipment, common equipment. 15. Determine networking requirements: Central office, Wide Area Network/Local Area Network (WAN/LAN), alternate common and local carrier(s), MNET, off-premises extensions, direct connections, and virtual connections. L **Note 2: Bidding includes reusing existing cabling with minor modifications. Full cabling detail design ~ and RFB is outside the scope of this engagement. ('~;,, Elect &Associates Page 7 City of Columbia Heights, Minnesota Telecommunications Consulting Proposal 16. Prepare conceptual design, cost/benefit and best practices analysis for alternative City-wide communications systems including: a. Telephone system including: 1) VoIP 2) Hybrid systems 3) Hosted a} Conventional b) Voice over Internet Protocol (VoIP) 4) Alternate local service providers 5) Alternate long distance service providers 6) Voice mail systems including voice over messaging 7) LAN/WAN 8) Automated attendant systems 9) Software management packages IO) Call accounting systems 11) Telecommunications hardware 12} Telecommunications software 13) Consolidate and establish the current costs for overall communications services 14) MNet alternatives 15) Interface to ancillary system(s) b. Cursory review of technology closets and cabling 1) power 2) environmental (VaIP requires more power, cooling and space) c. Data network electronics (as they relate to expanded use by telephone system) d. Discuss support staffing and training requirements e. Present and review summary report. Elect & Associates Page ~ City of Columbia Heights, Minnesota Telecommunications Consulting Proposal Pltcr.~e artaase C`olle~tior~ aid ~epcz~c~tion (tior~l) Compiling a telephone database is a critical step in the installation of a phone system (either traditional TDM ar II'). The database contains important information about each telephone, such as current phone type, extension number, line appearances, forwarding and call routing details, use of special recording devices, headsets, handsets for the hard of hearing, etc. The information in this database will be used to populate the new telephone system; therefore, its accuracy and level of detail are critical to the success of the project. Inventorying telephones has always been a challenge in phone system studies, and with the advent of convergence, the vendor space has changed. Most vendors today erect the customer to complete the telephone inventory and prepare the database. Elect & Associates has made it a practice to require that the vendors perform this function. In the past, this has been a very successful model. However, recently we've found that vendors see it as an unusual process. Their normal practice is to have the customer fill out the database forms. Unfortunately, most customers do not know the capabilities of the new system, and the end result is a plain vanilla database and a system in which the customer simply doesn't use all the features that are available. Even when E&A requires the vendor to perform this function, the results may not be adequate. Most vendors are simply not good at it, perhaps because it is not part of their typical process. Rather than forcing the issue, Elect & Associates now offers our clients the option to have E&A perform the telephone inventory and collect the niformation for the database. Completing this step prior to the bidding process provides several benefits: ® Reduced prices from vendors when they understand this work is already done. ~ More accurate prices because the inventory and applications are identified. Fewer surprises in the installation process -Unusual applications are discovered and accounted for in the initial process. ® Better application delivery - E&A has the experience of implementing voice solutions and can identify areas where applications are needed. As a result, you get more from your investment. ~ Employee mentoring -Your employee can accompany E&A's staffin the process to learn and gain insight. ® E911 database is prepared in advance, avoiding expensive after-the-fact reprogramming and the last minute ``scramble" to complete. It may seem like this process adds further consulting time, but in reality, it ensures that you get more out of your investment. Elect & Associates Page 9 City of Columbia Heights, Minnesota Tedecommunicatlons Consulting Proposal aye II. etaile ~e~ic®,~/ ~~® ~r~~l °® s 1. Create detailed specifications RFP including: a. t/endor Responsibilities b. Equipment/Cost Required at Cutover 1) Station a) Power requirements (1) local (2) switched (3) power panels b) Instrument alternatives c) Data throughput options (10/100 vs. 10/100!1000) 2) Common 3) Auxiliary c. Equipment/Cost Required for Five-Year Plan 1) Station 2) Gammon 3) Auxiliary d. Complete Feature Requirements 1) Standard 2) OptionaUcosts 3) Feature interaction analysis e. Equipment Performance Level 1) Memory/available, used, additions 2) Traffic handling a) Main system b) Nodes 3) Feature 4) Expansion £ Equipment Requirements 1) Energy consumption 2) Environmental 3) Space Edert & Associates Page 12 City of Columbia I~eights, Minnesota Telecommunications Consulting Proposal f g. Cabling Requirements 1) Number of required pairs a) existing l b) future 2) Type and grade of conditioning 3) Analyze re-use of existing facilities ( 4) Labeling and diagramming specifications l h. Implementation Process /Professional Services Options i. Vendor Maintenance 1) pre-cutover testing 2) post-cutover diagnostic capabilities/procedures 3) cost 4) servicing alternatives j. Verification of Software Package Proposed k. Information of Enhancements under Development I) capability f 2) cost 3) release timeframes 1. Trade-in Policies/Values m. Restocking Charges n. Surge Protection Parameters 2, Identify qualified vendor list, 3. Meet with City management to review progress to date and obtain approval of specifications. 4. Conduct prebid conference: Allow all potential vendors to review specifications. 5. Conduct site surveys: Allow potential vendors to inspect locations. Elect&Associates Page 13 City of Columbia Heights, Minnesota Telecom»zunications ConsultYng Proposal 6. It.eview bid responses: Obtain all information required from vendors. 7. Conduct financial analysis: a. Initial b. Incremental for five-year plan c. Present value analysis of all proposals 8. Meet with City management to review progress to date. 9. Prepare preliminary report. 10. Review report with City management. 11. Prepare final vendor/product recommendation. 12. Present recommendation to City management for approval. 13. Assist with contract negotiations. Elert & Associates Page 14 City of Columbia Heights, Minnesota Tedecomrnunications Consulting Proposat ease III:• .I ply ~ratt~®r~ / ~°®j~ct rzc ~t ( t~®~el) Elert & Associates provides various levels of implementation services: Minimal (Vendor is capable and contracted to do full implementation, with the City of Columbia Heights taking an active full-time role.) Even with minimal contract administration, E&A's consultant would make at Least four visits to the site. These visits include akick-offmeeting, two ad hoc observation visits, and a final inspection with punch list. Routine (Vendor is capable and contracted to do full implementation, with the City of Columbia Heights not having afull-time dedicated person.) Routine visits by the consultant offer a higher degree of contract administration than the basic four visits. Observation maybe weekly, bi-weekly, monthly, or on some other mutually acceptable schedule. Full implementation (E&A serves as full-time project manager.} On-site contract administration is the highest level of installation observation, where an Elert & Associates project director is provided an office on premise at the client project site. Communication with the contractor is handled by the consultant. Implementation duties will vary by vendor and implementation agreement. Implementation work may include the following: Review physical configuration layout (e.g., technical documents and specifications). 2. Act as contact for all systems design questions during planning and installation as requested or on a full-time basis. Develop implementation schedule/responsibilities. 4. Conduct job committee meetings: a. Vendor b. Telephone company c. Training personnel d. Installation 1) network 2) equipment `' Page IS ~~d Eiert &Associates ~_ City of Columbia Heights, Minnesota Telecommunications Consulting Proposal 5. Coordinate training program to assure all employees are professionally and competently trained without disruption of schedules. Both technical and non-technical training procedures and practices will be followed throughout. 6. Assure development of internal telephone directory. 7. Establish class of service parameters: Tailor system to requirements of users. 8. Determine all station user equipment requirements: Review each user and determine software feature needs. 9. Design all networking and automatic route selection patterns. Identify least cost routing for calls to be placed aver the network. 10. Establish call detail recording procedures. 11. Review all requests for changes regarding systems component during installation. 12. Make change order recommendations to the City during installation. 13. Provide final analysis to the City related to the final systems engineering. 14. Meet with City management to review progress. 15. Conduct pre-cutover audit meeting: Confirm appropriate work has been completed to assure a smooth cutover. 16. Cutover to new system: Negotiate staging of cutover to assure a smooth transition. 17. Ensure all features called for in specifications are operational. 18. Conduct final equipment review: Review equipment and record inventory of all equipment, hardware and software assuring all equipment called for in specifications is received; compare with contract. Elect &Associates Page l6 ~_ City of Codurrabia Fleights, Minnesota Telecommunications Consulting Proposal 19. Scrutinize all billings: Prepare summary and itemization of all billings assuring they match contracted items and labor; obtain rebates for any overcharges. 2d. Review new system usage: Evaluate employees' acceptance and use of the new system to ensure maximum efficiency. 21. Coordinate system modifications: Assure that the system's "fine-tuning" is completed. Assure all follow-up training is provided. 22. Meet with City management: Final review of system to assure complete satisfaction. `pfd Elert &Assnciates Page 17 ~~ ?009 Scheduled City Council meetings and wo>•k sessions/holiday closings January 2C~9 ~, i 1 ~ 3 Closed - ~ <'~C ~~Ca]'ti I~a~- 4 5 G 7 8 9 lE) 7131]1 Council ~~ Olli SCSSIOll 11 12 13 1~1 15 1G 17 7 pIn Cit-~- ~.Otlllcll Ineetu]g 18 19 ?(} ~ 1 ~~ ~5 ~~. Closed - ~II,I~ l~a~~ ?5 ?6 27 2S ?9 30 31 7 131n Cit<T COLi11c11 1]1eet111g l ? 3 ~- 5 6 7 7 1] 111 ~.OU11c11 ~V01~i SCSS10n ~; 9 1(1 11 1? 13 l~ % 131]1 City ~~OU11C11 tnccting 15 16 17 18 lt) ?0 '?1 Closed - 13t1;S1dC1] is I~a~, ~~? ~3 ~:} ~5 ?C ~7 ~S 7 pIn C.;it~, Council 111cetilag 6~6 ~~Vi tr.ii ~ v ~." ~~~` S ..' E`Ari..'~ -...7 '^"+U C- s r, J ~ u rim` ~ a 1~w4". ~ a H r .~ I ? 3 =1 5 G 7 7 p1n C~E311B1C1i tivc>rl: SCSti10fl1 ~3 ) 1 Q t t t? 1:7 "L~ 7 plz C:it~- C;ouzzcil 111(" C hill 15 1G 17 18 19 2U 21 ~~ 25 ?~- 25 ?C> ?7 ?8 7 pzn Cit}, Clouncil llleetin7 ?9 30 31 ~® 1 ? 3 5 G 7 8 9 lt) 11 6 lain .tad C:lclsed of - C~c>c~d RCt*iC\v t'1'Id~l~' 7pm (.~auncil \\'C)1'li ~C~SSOil 12 t3 l~ 15 1C> 17 1~ 7 ~~ 111 C~lL~' C,O1111C1i 111<'C11t17 ~9 ?!) ?t ~~ ~3 ~~ ~5 2G 27 28 ?) 3Q 7 pm C,111' C,OliY2CL2 1110 C 11117 1 ~ ~ 5 C 7 ~3 '? 7 ,~z~~ Ct>uz~czl ~ti f?L'li '1 C? 11 1 ? 15 I -1 15 16 7 pn~ Cain= C ;ouziCil 24 25 ?C 27 28 ?9 3() Closed - 7 pzn i~1C111t~1"l~l C.lt`' 11~2~' C,C3uP1C11 51 ~ G,~ ~..t ~~ ; " ~ ra ~~ ..yM........ _. .... _.. Su#' ~.... £"' 1 ? 3 =F 5 7 pPn f~ouncil R'011~. 5t',4,41p11 7 ~ 4 lt) 11 [? 13 7pm C;ir~- C,UL1z1C11 z11L Ct111 1 ~(- 15 16 17 18 19 2(.l ~~ ~~ ~~ ~.~ ~5 ~G ~7 7 pn~ C.;ztti~ C.UU11ClI 111t'C~1z17 `?~ ?~ 5C7 .. ..e maw. .., 'R °`:~?' ~ _~~P~`M :. 1 ? 7 ~ C:losecl for `la, of i July, 5 6 7 8 9 10 1l ~~, 7 IJ 112 ~ (.oLll] CII ~~ c>rk ~~ SeSSloll 12 13 1-k 15 1C 17 1~ ~ 7 17n2 '~, City- '', Council '' zncct-ing ', [9 ~p ~'1 ~~ ~^, ~,~ ~5 ?C> 27 ?8 ?9 3O 31 7 121]1 C.11-}' CoLU1Cil z12GC.tu2g i.! `~,.~i h,bv4 ~ __- t* 2 3 -I- 5 G 7 77112 Couz]Cil ~ti O.t'li 9 10 11 1? t5 1~- 15 7 12n1 City- CounCi] 1G 17 IS 14 ?0 ?1 22 ~5 ~~. ~5 ~G ~7 ~~ Vic) 7 IJ112 Cirti- Clouncil 3() 31 .. _ R ~ _~, ~~"° 1 ? 3 ~l- 5 Ca 7 ~ 9 10 11 l? C:lc>scd 7 pica - ~..~11703' ~~C?t1S1C1~ lla}' Svc}zIc SCS51C>ll 1 1~- 15 1C 17 18 1~ 7 pnl ~,lt}' (.OUi1Cl~ 111CC~Lt1~ 27 28 ?) 3() 7 plll Cifl~ C:auncil. 111CC11Y1~ ' . ~ rye---. ,-- - - -~---,-~ -~-- ----~ - - - ~~ ~~ , 1 ? 3 ~ 5 6 7 S ~> IE? 7 pill ~,Ot111C11 w<>rl: SCtiti1C111 E1 1? 15 I~- 15 16 I7 7 pin C.lf~' ~OU11C11 SIaCCt121~ 18 1~1 ?Q ?1 ~? ?3 ?~ 25 ?G ?7 ?S ?9 3E) 3~ 7 pn~ C;it~- C, OL121C1~ Ilal CLlil~ II ~~e= 1 ? 3 ~ 5 6 7 7 p1n Cauncil ~~-c)r}~ :iCSSl()Il S 9 1t) 1"1 1? 13 ]~ 7 }7111. C:it~, Clc)sed - ~.Qtl11C11 ~rC'rt;l'1317ti 111C(',t111ti list\'` l5 1G 17 1S 1~ ?{} 21. 7 17111 ~~1t1' C~IOSCd C:loscCl - ~.0t111C11 - ~ 111Y11iS- 111CCrllly 1111111iS y1V111~ -~1~' 111 ~~ 7~ p,x F,°~.5~„,r ".. ~,$:a~~ q~~n.x. _~ iy %SAs9 AYaY, tx' ____~,`---~." .''-'"-e" ,."N .:S'6 _ 1 7 Z f} 7 ~ ~ 1{} 11 .1~ 7 1)111 'I"rtlrll in 1 tll' <lll(}Sl 13 1~1 15 1G 17 E5 ~`~ / 1}111 ~.1~`' c}UI1C11 111('.C.r111~ Closed Clc)sccl - - C}lzisrlnas C.llrlst 1n2S ~'~ ~~ ?O J{) j1 7 1?111 C;irti~ C:ount~il nlcctill~; 2009 COUNCIL/CITY STAFF ASSIGNMENTS Commission 2007-200 Liaison Telecommunications Commission Bruce Nawrocki Library Board Bruce Kelzenberg Park & Recreation Commission Gary Peterson Planning & Zoning Commission Gary Peterson Bobby Williams - alternate Traffic Commission Bruce Kelzenberg SACC ~ncrl day of operation 12-31-08) Gary Peterson Suburban Rate Authority Bruce Nawrocki -delegate Public Works Director -alternate National League of Cities Gary Peterson -delegate Councilmembers -alternates League of Mimlesota Cities Bruce Nawrocki -delegate Council/City Manager -alternate Association of Metropolitan Municipalities Bruce Nawrocki -delegate City Manager -alternate Rice Creek Watershed Advisory board Bobby Williams -delegate Kevin Hansen -alternate North Star Corridor Bruce Nawrocki Joint Law Enforcement Council Gary Peterson -delegate Chief of Police -alternate Youth hutiative Commission Bobby Williams Charter Commission Tami Diehin -delegate Gary Peterson -alternate Neighborhood Watch and Gary Peterson Citizen Emergency Response Team (CERT) Bobby Williams -alternate H/Boards & Commissions Approved