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HomeMy WebLinkAboutMarch 2, 2009 Work Session~~ 1 i ®F ~~~~.MB'/'1 ~E~VH 1 S 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 ['isit our website ai: www.ci.columbia-heights.mu.us ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be held in the CITY OF COL UMBIA HEIGHTS as follows: Mayor GurV 1,. Pererrura Councilmembers KobertA. Williams Bruce Nuwrocka Taannaera Drelam Bnrce Kelrenherg City Manager Walter X. Feh.et Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: MONDAY, MARCH 2, 2009 Time of Meeting: 8:00 P.M. Location of Meeting: COUNCIL CIi,~MBERS OR CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION 1. Heighten the Arts committee presentation 2. Pedestrian and Bicycle Mobility Plan. 3. Professional services agreement -Pedestrian Bridge, 49th and Central 4. Acceptance of a Public Safety Grant in the amount of $20,925 fora 800 mhz radio system for Public Works 5. Update council on changes to property maintenance inspections -discussion 6. Proposed ordinance to allow for establishing fire department service charges. 7. Repeat Nuisance Call service fee 8. Board and Commission appointments The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to aiiow ilidividuals with disabilities to participate ill ail City of Columbia Heigl3ts' sei vices, »ra~ram~ and activities. Anxiliarv aids far handicanned nersans are availahle upon reauest when. the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 far deaf or hearing impaired only} CITY COUNCIL LETTER Meeting of: March 2, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ;-, ITEM: Three Dimensional Public Artwork Piece BY: "Hei hten the Arts" BY: to be placed at the new gym sites. g Committee ,` ;; - .Y NO: DATE: 03-02-09 BACKGROUND "Heighten the Arts" is a collaborative committee comprised of City and School District members who are working together with the assistance of a grant from the Perpich Center for the Arts Education to increase arts education opportunities. Our mission is "All the arts for all the kids pre-K through adult." The "Heighten the Arts" committee is in the process of applying for the Creative Intersections Grant through the Metropolitan Regional Arts Council, MRAC. The Creative Intersections Program is designed to foster cross- sector partnerships between public, private nonprofit, and commercial sectors for enhancing arts and culture and communities. This program is intended to support specific communities in the greater metropolitan area, communities of color, and new immigrant communities. The grant application could award up to $8,000.00, with an additional match from the City for $4,000.00 and the School District for $4,000.00, with the total amount of the grant of $16,000.00. The committee's goal, if awarded the grant, is to seek out sculptural artists to submit proposals for a three dimensional public artwork piece to be displayed outside of the new gym sites. RECOMII~NDED MOTION: Move to approve that the committee move forward with the Creative Intersections Grant application that would award up to $8,000 and that the City of Columbia Heights will consider matching the funds up to $4,000. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of 3/2/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS sf ~~ ' ,r ITEM: REVIEW OF PEDESTRIAN AND BICYCLE BY: BY: K. Hansen BY: ~..- ~ - - MOBILITY PLAN DATE: 2/26/09 DATE: Background: In 2007 the City of Columbia Heights was awarded an Active Community Planning Grant from Blue Cross Blue Shield (BCBS), in the amount of $23,000. The purpose of the grant was to prepare a Pedestrian Mobility and Bikeway Pian for Columbia Heights, concurrent and integrated with our Comprehensive Plan 2008 update. The plan has been completed in accordance with Blue Cross grant requirements and is attached herein. Analysis/Conclusions: When applying for other Federal and State transportation grants for funding improvements, staff found one of the submittals often required was a City Pedestrian Mobility Plan (sidewalk and trail plan) that we were previously unable to provide. Preparation of this sidewalk and trail plan. is also consistent with the recommendations of the Minnesota Design Team, which recommended a city wide bike loop, and making pedestrian connection to other city parks and resources outside the city, such as to the Upper Mississippi River Corridor trail in Fridley, Columbia Park in Minneapolis, and St. Anthony Village. A principle of the BCBS grant program was to integrate Active Living Principles into the plan (7 principles, pg 3). The Plan focuses on two fundamental goals: 1. To improve the City's pedestrian and bicycle environment and network; and 2. To promote walkway and biking as a safe, comfortable ,accessible and attractive means of travel. The plan does this by addressing the following key items: o Elements of an effective pedestrian an bicycle network. o Current pedestrian and bicycle facilities/conditions. o Challenges /Opportunities /Needs, o Recommendations for improvements. The Plan was prepared by the consultant firm of Bonestroo and is divided into five primary sections: 1. Introduction 2. Background (review of past planning documents) 3. Pian Development: Rapid Health Impact Assessment (HIA) 4. Current Conditions 5. Goals: Recommendation & Action Steps 0 :-- COUNCIL ACTION: CITY C®><TNCIL LETTER Meeting of: 3/2/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: REVIEW OF PEDESTRIAN AND BICYCLE BY: BY: K. Hansen BY: MOBILITY PLAN DATE: 2/26/09 DATE: The pedestrian and bicycle mobility plan is intended to be used as a guiding document, for consideration of pedestrian and/or bicycle improvements and to be used as a support plan when applying for grant funding. Recommended Motion: Move to adopt the Pedestrian and Bicycle Mobility Plan prepared by Bonestroo in accordance with the Blue Cross Blue Shield Active Living Grant guidelines. KH:kh Attachment(s): Pedestrian and Bicycle Mobility Plan Pedestrian and Bicycle Plan Goals COUNCIL ACTION: Pedestrian and Bicycle Plan Gaals: • Incorporate policies that promote pedestrian and bicycle use in all future planning initiatives. • Consider improvements to the pedestrian and bicycle network as integral to all future land use/development decisions. • Continually identify and improve pedestrian and bicycling system deficiencies and barriers. • Enhance the attractiveness and convenience of walking and bicycling as a transportation modal choice. • Improve bicyclist and pedestrian safety. • Provide more opportunities for physical activity by expanding the bike and pedestrian network. • Encourage modal shift from cars to bike or pedestrian for daily commuting. • Enhance waikability and bikability of the city's principal retail corridor: Central Avenue. • Emphasize enhanced access through strategic and direct connections to the area's most popular destinations. • Address the special needs of vulnerable or underserved groups. • Promote social interaction. • Promote fanners markets. CITY COUNCIL LETTER Meeting of: 3/2/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORKS ~ ,~ ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen BY: ~'-`r``~-~ 'y 49TH AVENUE PEDESTRIAN BRIDGE DATE: 2/26/09 DATE: Background: Over the last several years, the City has sought funding to replace the pedestrian bridge over TH 65 on 49tH Avenue. Funding application has included Federal and State sources and most recently the Federal Stimulus Program. The bridge provides a key link over a high traffic route (30,000 vehicle per day), to destination including schools, parks and retail sites. A new structure would replace an existing pedestrian /bicycle bridge built in 1970 that is not ADA compliant. The concrete steps now require constant maintenance to repair chipping and chunking out. The bridge is difficult to get up and down at various times of the year. The bridge steps do include a steel "rail" to accommodate a rolling bicycle, but it is very difficult for many people including most children to maneuver their bikes within the rail. as they walk it up or down the steps. Pedestrians with limited mobility must cross the busy, 4-lane TH 65 at grade, which is unsafe because there is presently no pedestrian crossing facility at grade at this location. Analysis/Conclusions: The City has received interest from various departments at MnDOT through the Stimulus application, but the interest has centered on questioning where the City is in development of the bridge. The Federal Stimulus Program criterion requires `shovel ready' projects (see attached MnDOT info sheet). The would require the bridge project to have all right-of--way acquired and plans ready for review. Under a rush scenario, this would require 60-90 for plans and 90-120 days for ROW. For any federal funding, project requires what is called a Project Memorandum. This follows federal requirements that detail the project scope and any associated issues such as environmental and ROW. In addition, there are several preliminary issues that have not been discussed or addressed such as a new bridge type and the best way to provide ADA accessibility -though switchbacks or spiral approaches. To improve the City's position for future funding applications, staff is requesting professional services to complete a Project Memorandum and a site layout of the new bridge. The site layout would involve concept layout to develop option for the approaches and a bridge type. Determining the bridge approaches will also allow the City to determine and establish ROW needs. Having project development this far will provide more accurate cost estimates and better position the City of Columbia Heights for competitive grant funding request at both the Federal and State levels. Funding would be provided out of the City's State Aid account, C:tJUlVC;1L AC:'1'lU1V: CITY C®UNCIL LETTER Meeting of: 3/2/09 AGENDA SECTION: WORK SESSION NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen 49TH AVENUE PEDESTRIAN BRIDGE DATE: 2/26/09 BY: DATE: and may be reimbursed once funding is secured. Staff prepared RFP's for professional services, copies of which are attached. Proposals will be received on Friday, February 27, 2009 and presented for consideration at the work session. Recommended Motion: Move to accept the proposal. from in the amount of $ , for professional services and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh Attachment(s): MnDOT Stimulus Info Sheet Ped Bridge RFP COUNCIL ACTION: REQUEST FOR PROFESSIONAL SERVICES COLUMBIA HEIGHTS, MINNESOTA 49TH Avenue and TH 65 PEDESTRIAN BRIDGE: PROJECT MEMOF~~NDUM, ENGINEERING REPORT A,ND CONCEPT PLANS I. GENERAL REQUIREMENTS Interested firms should submit their proposal no later than 3:30 P.M. on February 27t", 2009 to the Director of Public Works, 637 38th Ave. N.E., Columbia Heights, MN 55421. In submitting a proposal to provide the required services, the following is required in order to expedite the review process by the representatives of the City. 1. The length of the proposal should not exceed three (3) pages, excluding figures, resumes of personnel, firm experience, qualifications, site plans, etc. 2. The proposal should not contain non-applicable promotional materials and should address only the points requested in this document, including proposed time schedule to complete the work and associated fees. If requested elsewhere in this RFP, provide separate schedules and fees for separate sections of work. 3. A schedule of the most current billing rates for individuals involved; this must include a total cost to complete the work in the specified time frame. 4. Ten (10} copies of the proposal should be addressed to the Director of Public Works/City Engineer, 637 38th Ave. N.E., Columbia Heights, Minnesota, 55421, to be received by 3:30 P.M. February 27t", 2009. 5. If the firm is proposing to use subconsultants, the subconsultant should be identified along with how the work will be divided. 6. The City of Columbia Heights reserves the right to reject any proposal that does not comply with the requirements of this R.F.P. 7. The City Council will consider the proposals at their regularly scheduled meeting on March 9, 2009. II. SCOPE OF SERVICES 1. Project Management Coordinate the completion of the Project Memorandum and concept design tasks with City staff including the following: Monitor the project status and budget and allocate the required resources to complete the various tasks required by the project. Prepare monthly status updates and invoices. Attend up to four (4) coordination meetings with City staff. • Prepare for and attend one City Council meeting to present the results of the Project Memorandum engineering report and concept design tasks. Deliverables • Monthly invoices. • Meeting agendas and minutes. 2. Project Memorandum Prepare a Project Memorandum (PM) as required for the project including the following specific tasks: • The consultant shall contact the agencies responsible for issues addressed in the PM and request the necessary correspondence and documentation regarding potential impacts associated with the project. • Prepare a draft PM formatted to meet Federal Aid review requirements. Mn/DOT State Aid guidance and format shall be followed. • Collect existing data from the City and local agencies necessary to complete the PM. • Complete a windshield survey and use existing aerial photography and mapping to inventory the site and adjacent area, to aid in the determination of potential impacts. Work closely with City staff to document any unavoidable project impacts and define corresponding mitigation. • Submit the draft PM to the City for initial review. • Make changes as necessary based on City comments and submit the draft PM to Mn/DOT Metro State Aid staff for review. • Make changes as necessary based on Metro State Aid staff comments and submit the PM to Mn/DOT Central Office staff for administrative approval. • Distribute the PM to the identified agencies after administrative approval (assume 20 copies). • Coordinate and attend the following meetings associated with the preparation of the PM: o Up to two (2) meetings with Mn/DOT staff o Up to two (2) meetings with other agency staff. Assum tp ions • Assume that the proposed bridge will not result in any Section 4(f) impacts to parks or recreational facilities; if impacts are identified, additional documentation will be required. This additional documentation shall not be included in the proposal. • Assume that the project will not result in any impact to significant archaeological or historic resources. _ A __._____ _ ~l_ _i __ _'__ ____1___'_ ___'71 __ _i. 9_ _ ___ -__'__ ~ ® tiJSUll1C LidQL IlU1JG ti.11Q1yJ1J Will L1UC UG 1G1tU11GU. • Assume that a Phase I Environmental Site Assessment or record search for contamination will not be required. • Assume that no water resources will be impacted and that no permits will be required. Deliverables • Agency coordination letters. • PM and supporting documents. • Minutes of each meeting. • Documentation of any compliance issues. 3. Concept Design Complete the following Concept Design tasks for the project: • Coordinate a topographic survey of the project area to determine existing conditions and verify the existing right-of--way in the project area (survey conducted by the City). • Gather existing public and private utility mapping for the project area. Request field locates for the existing utilities and coordinate field surveying to map the existing utilities (survey conducted by the City). • Gather any available existing geotechnical information in the project area. Any necessary soil borings will be obtained during the design stage of the project and are not included in this scope of services. • Gather available plans and design information for the existing pedestrian bridge. • Perform an inspection of the existing bridge structure to identify deficiencies and determine if portions for the existing bridge structure can be reused for the new bridge. The inspection must be performed under the direction of a Mn/DOT certified bridge safety inspector. • Evaluate up to four (4) bridge type concepts. These could possibly include the following: o Reuse existing piers and construct new steel beam and concrete deck design similar to existing. o Construct and install a new prefabricated bridge. o Demolish existing bridge and construct new bridge (evaluate two bridge options). • Evaluate two (2) bridge layout concepts that will make the bridge approaches ADA compliant. This could include the use of spirals or ramps or combination thereof. • Determine right-of--way/easement acquisition requirements for the two bridge layout concepts. • Coordinate a concept review by Anoka County as it relates to 49`" Avenue (CSAH 4). • Develop up to two (2) different aesthetic concepts (colored drawings) for each of the four bridge type options. Discuss general aesthetic themes with the City prior to developing the concepts. • Prepare cost estimates for each of the bridge type and layout concepts including aesthetic amenities. • Evaluate the design options considering estimated construction cost, aesthetics, right-of- way/easement needs, and long term. maintenance casts, and provide a preferred concept for the bridge design. Prepare a report documenting the results of the preliminary design analysis. • Once the preferred concept is determined, an engineering report will be developed for the bridge, The report will be prepared in accordance with Mn/DOT and City standards. Deliverables • Four (4} bridge type concept drawings. • Twa (2) bridge layout concept drawings. • Eight (8) aesthetic treatment concepts (two for each bridge type option). • Engineering report for the bridge concepts with recommendations. Information Provided By City Assume that the City will provide the following information: • Available as-built drawings and/or engineering plans for project area including original bridge plans (SP 0207-27, Bridge 02021, dated 6/3/70). • Any available aerial photography or topographic mapping. • Any previous geotechnical exploration information for project area (Geotech Report @ 4851 parcel, 1980}. • Topographic survey with point data provided in compatible format. • Additional survey points as requested by the Consultant. Program Developroent Principles ^ Project readiness ^ Environmental status, RIW availability, etc. ^ Consistency with performance based plans/needs ^ Commitment to make a lasting transportation need ^ Statewide coverage ^ Create j obs statewide ^ Balanced program ^ Use full capacity of construction industry Program Delivery ^ Project development ^ Lessons learned from past projects ^ This is not "business as usual " ^ Expedited delivery processes ^ Letting schedule ^ Spaced every 14 days starting March 13 ^ Driven by delivery time lines in Economic Recovery Act ^ Projects distributed throughout letting schedule ^ Give as many possibilities to bid contracts as possible ^ Will be monitoring inflation clasely f CITY C®iTNCIL LETTER Meeting of: 3/2/09 AGENDA SECTION: WORK SESSION NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: ACCEPTANCE OF A PUBLIC SAFETY GRANT BY: K. Hansen IN THE AMOUNT OF $20,925 FOR 800 MHZ RADIOS DATE: 2/26/09 BY: - ~ y DATE: Background: In 2003, Anoka County began the process of replacing the Public Safety Radio Communication system in the county from analog to 800 MHz digital system. A Joint Powers Agreement was formed between the County and Cities for participation in the new radio systems and allocation of radios to the communities. As part of the construction of the countywide system, an antenna was placed on the City's water tower in 2004. Analysis/Conclusions: Following the County's transition to an 800 MHz radio system, the City Police and Fire migrated off the old analog radio frequency and acquired all new 800 MHz radios for their staff. The result is that Police and Fire Departments operate on 800 MHz radios, as does the Anoka County Sheriffs and County Public Works Departments. Public Works current radio is an old analog and will need frequency conversion in 2010, as the license will expire. This radio system is also not compatible and cannot be made compatible with the new 800 MHz system, removing radio and emergency communications between Public Works and Police and Fire. In 2008, the police department `loaned' Public Works 10 radios for use and to determine their effectiveness. Subsequently, Public Works desires to move our day-to-day operations over to 800 MHz to allow and encourage interoperability and direct communication with Columbia Heights Police and Fire and well as the Anoka County Sheriff and Public Works. The Metropolitan Emergency Services Board came out with a grant program at the end of 2008, oriented toward and promoting Public Works agencies use of the 800 MHz system (Public Safety Interoperability Communications or PSIC Grant). Staff applied for and received a grant which included a base station and 12 portable radios that will support our conversion over to the 800 MHz radio system. The grant program requires an 80/20 cost share. The 20% share for the Public Works department amounts to $5,231, and will be spread over 8 departments ($653 each}. Acceptance of the grant will provide $26,100 of equipment and allow the complete conversion to an 800 MHz system, and reinstate communications with emergency services in the County. Public Works ability to communicate directly with the Cities police and fire departments is not only a benefit to us, but also a benefit to the residents of Columbia Heights. Our employees are constantly out and about in the community and will be able to report any activity that needs to be brought to the attention of our emergency services departments as it happens (and vice-versa), rather than having to relay the incident COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: x/2/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPTANCE OF A PUBLIC SAFETY GRANT BY: K. Hansen. BY: IN THE AMOUNT OF $20,925 FOR 800 MHZ RADIOS DATE: 2/26/09 DATE: through a third party. Acquiring the additional radios to move our day-to-day operations to 800 MHz will also benefit our interoperability with our surrounding communities in time of emergency. Recommended Motion: Move to accept the PSIC Grant in the amount of $20,925.27, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh Attachment(s): PSIC Grant Agreeanent COUNCIL ACTION: SUB-G T AGREEMENT This Sub-Grant Agreement (the Agreement) is entered into on this day of 2009, by and between the Metropolitan Emergency Services (Sub-Grantor), a Minnesota Regional joint powers board under the provisions of Minnesota Statutes, Section 403.39 and 471.59, and the City of Columbia Heights, a Municipal Corporation, (Sub-Grantee). RECITALS WHEREAS, in Apri12008, the Minnesota Department of Public Safety (MDPS) received a grant of monies from the United States Department of Commerce for improvements to the Public Safety Interoperable Communications System (PSIC); and WI~REAS, the MDPS has entered inta an agreement with Sub-Grantor (the MDPS Agreement), a copy of which is attached hereto as Exhibit A, on or about December 10, 2008; and WHEREAS, it is a requirement of the United States Department of Commerce grant that the granted monies be used to supplement, not supplant or replace, funds appropriated from the State of Minnesota or the Sub-Grantee; and WHEREAS, the MDPS Agreement has imposed on the Sub-Grantor certain requirements and obligations to insure that grant funds are expended by Sub-Grantors for authorized activities and that appropriate records and certifications are prepared and maintained; and WHEREAS, the Sub-Grantor and Sub-Grantee are desirous of entering into the Sub-Grant Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants herein, Sub- Grantor (Metropolitan Emergency Services Board) and. Sub-Grantee (City of Columbia Heights) do hereby agree as follows: Term of Sub-Grant Contract. 1. Effective date. This Agreement shall be effective on the date Sub-Grantee's grant request, a copy of which is attached hereto and incorporated herein by reference as Exhibit B (Grant Request), is approved by the Sub-Grantor and this agreement executed by the parties. 2. Expiration Date. This Agreement shall expire and be of no further force or effect on the earlier of the following: a) September 3U, ZO10. b) The disbursement to Sub-Grantee the sum of $20,925.27 II. Grant of Monies. The Sub-Grantor agrees to make available to Sub-Grantee a grant of up to $20,925 to reimburse Sub-Grantee for the acquisition of the interoperable radio communications equipment identified on the attached Exhibit B, which is incorporated herein and made a part hereof. Sub- Grantee shall use the proceeds of the Grant only for the purchase of the equipment identified in Exhibit B. Sub-Grantee's reimbursement shall be limited to a maximum of 80% of the cost to purchase the equipment, and Sub-Grantee must provide a 20% match for such cost. The 20% match is calculated using the following formula: ((grant amount x 100) - 80) /grant amount. III. Sub-Grantee Representations and Warranties. With respect to this Grant, Sub-Grantee represents and warrants to Sub-Grantor as follows: 1. It has the legal. authority to enter into, execute and deliver this agreement, and it has taken or will take prior to disbursement of any Grant proceeds all actions necessary to the execution and delivery of this agreement and has the legal authority to purchase the equipment identified in Exhibit B. 2. This Agreement is a legal, valid and binding obligation of the Sub-Grantee and is enforceable against the Sub-Grantee according to its terms. 3. It will comply with all of the terms, conditions, and warranties in this Agreement. 4. To the best of its knowledge, it has made no material false statement of fact in connection with its receipt of this Grant, and ail of the information previously submitted to Sub- Grantor or which it will submit to the Sub-Grantor in the future relating to this Grant or the disbursement of any of the Grant is and will be true and correct. 5. It will use the Grant proceeds solely for expenditures io purchase the equipment identified on Exhibit B. Provided, however, that Sub-Grantee may use Grant proceeds to purchase other interoperable radio equipment for the PSIC Grant, so long as such equipment is listed on the Statewide Radio Board's approved equipment list. In no case shall such substituted use of Grant proceeds increase the Grant amount. 6. It has or will comply with the matching fund requirements of Section IV 2 of this Agreement. IV. Consideration and Payment. Sub-Grantor will reimburse Sub-Grantee for all eligible and approved expenditures under this Sub-Grant Agreement as follows: $20,925.27. Compensation. Sub-Grantee will be reimbursed in an amount not to exceed 2 2. Matching Requirements. Sub-Grantee agrees that it will expend at least $5,231.32 from its own funds or other non-grant sources as a match for grant reimbursement. 3. 'Total Obligation. The total obligations of the Sub-Grantor to Sub-Grantee shall not exceed the sum of $20,925.27. 4. Payment. a) Invoices. The Sub-Grantor will promptly pay the Sub-Grantee upon submission of an invoice from the Sub-Grantee and the Sub-Grantor's Representative accepts the invoiced services. Invoices must be submitted in a timely manner. All requests for reimbursement must be submitted to the Sub-Grantor by June 30, 2010. Sub-Grantee must certify that the reimbursements and payments are accurate and appropriate based on the approved plan; that Sub-Grantee has verified the completion of the project or phase and that Sub-Grantee has obtained documentation of actual expenditures for which reimbursement is sought including copies of its itemized invoices and payment verification. b) Sub-Grantee's reimbursement requests to the Sub-Grantor shall include a summary report showing the following information: total budget showing both the contribution and grant funds, if applicable; previous expenditure and reimbursements made, if applicable; and the amount of current reimbursement request, if applicable. 5. Conditions of Payment. All services provided by the Sub-Grantee under this grant contract must be performed to the Sub-Grantor's and State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. Sub-Grantee will not receive payment for work found by the State or Sub-Grantor to be unsatisfactory or performed in violation of federal, state, or local law. V . 'scelianeous 1. Authorized Representative. The Sub-Grantor's Authorized Representative is Jill Rohret, or her successor, and has the responsibility to monitor Sub-Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the Sub-Grantor's Authorized Representative will certify acceptance on each invoice submitted for payment. Sub-Grantee's Authorized Representative is Walt Fehst, City Manager, 590 40th Avenue NE, Columbia Heights, MN 55421 (763.706.3608)NUMBERj. IfSub-Grantee's Authorized t~cprcScia~auJc 4uaug%S ai airy uiuC curing uuS g"iaia~ Cou~ia~,~, vuv-vaauwC iuuoc uiuu~i.uruu..iy' ixvauy the Sub-Grantor in writing. 2. Assignment, Amendments, V6~aiver, and Grant Contract Complete. a} Assignment. Sub-Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the Sub-Grantor anal a fully 3 executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. b) Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. c) Waiver. If the Sub-Grantor fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. d) Grant Contract Complete. This grant contract contains all negotiations and agreements between the Sub-Grantor and Sub-Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 3. Liability. Sub-Grantee must indemnify, save, and hold the Sub-Grantor, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the Sub-Grantor arising from the performance of this grant contract by Sub-Grantee or Sub- Grantee's agents or employees. This clause will not be construed to bar any legal remedies Sub- Grantee may have for the Sub-Grantor's failure to fulfill its obligations under this grant contract. Nothing in this section shall constitute or be deemed a waiver by Sub-Grantee of its statutory or common law immunities or limitations of liability, if any. Sub-Grantee shall maintain such books and records as will satisfactorily demonstrate to Federal, State, and Sub-Grantor's Auditors that Sub-Grantee has not used Grant monies to supplant or substitute for local funds. If upon such audit the auditing agency determines that Grant funds have been used to supplant, rather than supplement, local funds, and levies any penalties or fines, or requires refund of any Grant monies, Sub-Grantor agrees that it shall be responsible for such penalties, fines, or refundment, and shall hold the sub- Grantor harmless therefrom. 4. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 5. Government Data Practices. Sub-Grantee and Sub-Grantor must comply with the Minnesota Government Data Practices Act, Minn.. Stat. Ch. 13, as it applies to all data provided by Sub-Grantee under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Sub-Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either Sub-Grantee or the Sub-Grantor. If Sub-Grantee receives a request to release the data referred to in this Clause, Sub-Grantee must immediately notify the Sub-Grantor. The Sub-Grantor will give .~ i r .~ ~_ Sub-Grantee instructions concerning the release of the data to the requesting party neiUrc uic uaa ~s released. 6. Workers' Compensation. Sub-Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. Sub-Grantee's employees and agents will not be considered Sub-Grantor employees, Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims 4 made by any third party as a consequence of any act or omission on the part of these employees are in no way the Sub-Grantor's obligation or responsibility. 7. Publicity and Endorsement. a) Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Sub- Grantee individually or j ointly with others, or any subcontractors, with respect to the program publications, or services provided resulting from this grant contract. b) Endorsement. Sub-Grantee must not claim that either the State or the Sub-Grantor endorses its products or services. 8. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of--law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 9. Termination. a) Termination by the Sub-Grantor. The Sub-Grantor may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Sub-Grantee. Upon termination, the Sub-Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. b) Termination for Insufficient Funding. The Sub-Grantor may immediately terminate this grant contract if it does not obtain funding from the Minnesota Department of Public Safety, or other funding source; of if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to Sub-Grantee. The Sub-Grantor is not obligated to pay for any services that are provided after notice and effective date of termination. However, Sub-Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The Sub-Grantor will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Department of Public Safety, or other funding source, not to appropriate funds. The Sub-Grantor must provide Sub- Grantee notice of the lack of funding within a reasonable time of the Sub-Grantor receiving that notice. 10. Data Disclosure. Under Minn. Stat. § 270C.65, and other applicable law, Sub- Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal. and state tax laws which could 5 result in action requiring Sub-Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 11. Dispute resolution. in the events of a dispute between the Sub-Grantor and any other party to this agreement as to the terms of this agreement, the parties to the dispute shall submit such dispute to mediation before commencing litigation. The costs of such mediation shall be shared equally by the parties to the mediation. 12. Grants Over $100,000.00. If the Grant exceeds $100,000.00, Sub-Grantee must complete a Certification Regarding Lobbying in the form attached hereto as Exhibit C. SUB-GRANTOR SUB-GRANTEE By: By: Its: Its: Dated: Dated: By: By: Its: Its: Dated: Approved as to Form: By: Assistant Ramsey County Attorney Dated: Approved as to Form: By: Dated: Dated: 6 EXHIBIT A SUB-GRANTOR/STATE AGREEMENT E IT B EQUIPMENT TO BE PURCHASED Include Cost Estimates Attached. E BIT C Certification Regarding Lobbying For Grants Over $100,000.00 The undersigned certifies, to the best of his or her knowledge or belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organization By: Signature of Official Date Columbia Heights Fire Department To: Walt Fehst, City Manager Gary Peterson, Mayor City Council Members From: Gary Gorman, Fire Chief Subject: Fire Department Service Charges Date: February 27, 2009 Enclosed is a proposed ordinance for establishing Fire Department service charges. The Fire Department currently charges for many permits, inspections, and plan reviews to cover those costs. This ordinance would establish charges for specific fire responses that would be considered over and above normal Fire Department functions. The current proposed ordinance is copied from the City of Fridley with some small changes. The Fridley Fire Department keeps track of ail the call information and does all the invoicing. The percentage of customers/insurance companies that make payment is over 90% with the rest being sent to collections. Most recipients are not citizens of the community so they cannot assess costs back to properties. A quick survey was sent to most metro-area, and some out-state fire departments to see which communities have service charges in place. The list includes the Cities of Willmar, Burnsville, Vadnais Heights, Richfield, Garrison, St. Louis Park, Eden Prairie, Fridley, Edina, Spring lake Park, Blaine, Moundsview, Excelsior and Minneapolis. The Cities of Woodbury, Lakeville, Brooklyn Center and Inver Grove Heights have requested copies of my quick survey, as they are also interested in charging for services. Attached is a fee schedule based on our current truck charge schedule. The truck charge includes the costs of firefighters on those vehicles. These truck charges are based on the national fee schedules used by the US Forest Service. This fee schedule will be presented as a separate Council Resolution. Based on call data for 2008 we estimate approximately $10,000 of charges. This may be low since our coding of many calls has been more generic in the past and will have to be more specific for charging. Y .. ,.1,:«.,. +1+,+ l~.~ ..;1 +.~+ ~.i.ao.« 4L.; v~riirronna no ~ «ro<~ 4n ira~r< filn~i Fires nPtlarfmPnt 1 0.111 0.J1\lll~ lll~. l.~V 11114+11 t'lJ l.VitJllt6+1 LxxxJ vx Ulxluxxv'V ax.~ u rr u~ e.v xxw.xr xwxxu i ax a. ..-i'vi.....x ........... operations by charging those that use these specific services, rather than having that burden placed on all Columbia Heights residents. GG:cf 09-23 Attachment ORDINANCE NO. ESTABLISHING FIRE DEPARTMENT SERVICE CHAI'2GES PURPOSE AND INTENT The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. Definitions The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by aself-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers. 2. "Motor Vehicle Owner" means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 3. "Excavator" means a person who conducts excavation. 4. "Underground Pipeline Utility" means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trzstee, receiver, assignee, or personal representative of any of them. CONFLICTS In the event of any conflict between the provisions of this Code and applicable provisions of State law, rules or regulations, the latter shall prevail EMERGENCY RESPONSE SERVICE C GES 1. The collection of service charges shall be as authorized in Minnesota Statute 366.011. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as outlined below. Fees shall be assessed in accordance with the fee schedule adopted by the City by resolution. A. Vehicle Accident l.) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: • Extrication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2.) An invoice for the service charge will be sent to the motor vehicle owner or owner's insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.) If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the service charge. B. Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of--way or operating property as defined in Minnesota Statute 219.761. 2.) An invoice will be sent to the railroad responsible for the railroad right-of- way or operating property. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. C. Grass Fires Within Trunk Highway Right-of--Way 1.) Any incident response to a grass fire within the right-of--way of a trunk highway or outside of the right-of--way of a trunk highway if the fire originated within the right-of--way of a trunk highway as defined in Miiiiicsota Statute i61.`i6~. 2.} An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. D, Technical Rescue 1.) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2.) An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. E. Underground Pipeline Utility Breaks 1.) Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. 2.) An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. F. Hazardous Material 1.) Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from it's container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. 2.) An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. G. Arson Fire 1.) Any incident response to a fare where a person is charged under the arson statutes, 2.) The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. INCIDENT OICE FEE SCHEDULE For Proposed Fire Department Charges Engine Crew of 5 $400 er hour Ladder Truck Crew of 6 $500 per hour Heavy Rescue Truck Crew of 4 $300 per hour Rescue Truck Crew of 3 $100 per hour Fire Fighter One Current hourly rate Fire Officer One Current hourly rate MEMORANDUM DATE: FEBRUARY 27, 2009 TO: MAYOR PETERSON COUNCILMEMBER WILLIAMS COUNCILMEMBER NAWROCKI COUNCILMEMBER DIEHM COUNCILMEMBER KELZENBERG .r ~°' FROM: WALT FEHST, CITY MANAGER . RE: ATTACHED ORDINANCE -REPEAT NUISANCE CALL SF,RVICE FEES Background: The ordinance, attached, is submitted for discussion purposes at this time. The staff will review this and other similar ordinances to insure compliance with city laws without overburdening the general tax payer. Where continuous flagrant violations of local ordinances require increased enforcement costs, the concept requires billing for extra-ordinary enforcement efforts. Recommendation: The City Council should reflect on such an ordinance and direct staff to consider a comprehensive approach for all departments along the lines of this "Repeat Nuisance Call Service Fee Ordinance". Robbinsdale City Code 927.00 Section 927 -Repeat Nuisance Call Service Fee (Added, Ord No. 07-14) 927.01. Repeat Nuisance Call Service Fee. Subdivision 1. Purpose. T17e purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection city-wide. Subd. 2. Scope and application. This Section applies to all owners and occupants of private property which is the subject or location of the repeat nuisance service call by the City. This Section applies to any repeat nuisance service calls made by a City of Robbinsdale peace officer, part-time peace officer, community service, animal control and/or code enforcement officers. 927.03. Definition of nuisance conduct. For purposes of this Section, the term "nuisance conduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (a) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; (b) Any activity, conduct, or condition in violation of any provision. of Chapter IX of the City Code; (c) Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or (d) Any conduct, activity, or condition. constituting disorderly conduct under Chapter 609 of Minnesota Statutes. 927.05. Repeat nuisance service call fee. Subdivision I . The City may impose a repeat nuisance service call fee upon. the owner and/or occupant of private property if the City has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. Subd. 2. The repeat nuisance service call fee will be as set forth in the City's Fee Schedule (Appendix R of the City Code, as amended). An additional amount may be imposed to reflect the salaries of police officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property damaged as a result of the nuisance call, and the cost of any medical treatment of injured officers. Subd. 3. A repeat nuisance service call. fee imposed under this Section will be deemed delinquent if it is not paid within 30 days after the City mails the billing statement for the fee. The City will. add a ten percent late penalty to a delinquent payment. Robbinsdale City Code 927.07 927.07 Notice. Subdivision 1. No repeat nuisance service call fee may be imposed against an owner or occupant of property without first providing the owner or occupant with. written notice of the two previous nuisance service calls which are the basis for the fee. The written notice must: Subd. 2. Identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and Subd. 3. State that the owner or occupant may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property for the same nuisance conduct; and Subd. 4. State that the City has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and Subd. 5. Be served. personally in the manner required by the Minnesota Rules of Civil Procedure or be served by U.S. Mail upon the owner or occupant at the last known address. 927.09. Ri hg t to appeal. Subdivision 1. When the City mails the billing statement for the repeat nuisance service call fee, the City will inform the owner or occupant of their right to request a hearing. Subd. 2. The owner or occupant upon whom the fee is imposed must request a hearing within ten (10) business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the City Clerk. The hearing will occur within 14 days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this Section, the right to a hearing is waived. Subd. 3. The hearing will be conducted by the City Manager in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the City Manager will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The City Manager will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail. within five days of the hearing. Subd. 4. If the owner or occupants fails to appear at the scheduled hearing date, the right to a hearing is waived. Subd. 5. Upon waiver of the right to hearing under subdivision (2} or (4) or upon service of the hearing officer's Findings of Fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee imposed within ten. days of service in the manner required by Minnesota Rules of Civil Procedure or be served by U.S. Mail upon the owner or occupant at the last known address. 927.11 Leal Remedies Nonexclusive. Nothing in this Section will be construed to limit the City's other available legal remedies, including criminal, civil, injunctive or others, for any violation of the law which may constitute nuisance conduct. 927.13. Applicability of Repeat Nuisance Service Cali Fee. The City may not impose a repeat nuisance service call fee against an owner or occupant for a police response relating to emergency assistance, including, but not limited to, domestic, spousal and child abuse. Robbinsdale City Code 927.15 927.15. Recovery of Fee. Subdivision 1. If a repeat nuisance service fee is not paid within thirty (30) days after the billing statement is sent by the City, it will constitute: (a) alien on the real property where the violation occurred; or (b) a personal obligation of the owner or occupant in all other situations. Subd. 2. Alien may be assessed against the property and collected in the same manner as taxes. Subd. 3. A personal obligation may be collected by appropriate legal means. COLUMBIA HEIGHTS -CITY COUNCIL LETTER WORK SESSION Meeting of: March 2, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Board/Commission BY: Walt Fehst BY: Appointment consideration DATE: February 25, 2009 DATE: NO: The following Board and Commission terms expire in April. Staff requests confirmation to contact these members and ask if they wish to be reappointed to their current positions. Board or Commission Library Board Planning & Zoning Commission Telecommunications Commission Traffic Commission Park and Recreation Commission Police and Fire Civil Service Name Barbara Miller - 3 year term Catherine Vesley - 3 year term Michael Peterson - 4 year term Dennis Stroik - 2 year term Rueben Ruen - 2 year term Robert Peltier - 2 year term Kevin Doty - 4 year term Vacancy - 4 year term Vacancy - 5 year term (to 5-2013) Harold Netkow - 3 year term There is currently an opening on the Park and Recreation Commission, the Police and Fire Civil Service Commission and the Traffic Commission. Two applications have been received for the Traffic Commission and. one for the Planning and Zoning Commission. COUNCIL ACTION: