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HomeMy WebLinkAboutJuly 6, 2009 Work Session(iaPP l.. PeleP.cnn CITY OF COLUMBIA HEIGHTS T»ynr Councilmembers Ruherl .9. 6Vilhurn.c 590 40`h Avenue NE, Columbia Hei hts MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Bruce Pluwrnrkr g ~ ~anamera l)iehm Gish our website nt. wxnv.ei.eoluntbin-hei~bts.nzrz.us Brarce KelzenherK City Manager G1%aher K. l~'ehst ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: MONDAY, JULY 6, 2009 Time of Meeting: 7:00 P.M. Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION Consent 1. Authorization to seek bids for professional services for the design of the Gateway Pedestrian Bridge. Discussion 1. Hennepin Tech College training offer 2. EMS taxing district 3. Phone system/computer switches update -Public Safety Building 4. Project change orders a. Change Order No. 2 for City Projects 0805 & 0806, Sullivan Lake and Silver Lake Beach Parlc Improvements b. Change Order No. 1 for City Project 0902, Zone 4 Street Rehabilitation and Alley Reconstruction 5. JPM a. Event Security b. Bar Policy 6. Repeat Nuisance Call Service Fee 7. Verbal recap of open houses held on Heights Housing Protection Program. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CITY COUNCIL LETTER Meeting of: 7/13/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ,. ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen BY: PROFESSIONAL SERVICES FOR FINAL DESIGN OF DATE: 7/01/09 DATE: THE GATEWAY PEDESTRIAN BRIDGE --'"" Background: The City of Columbia Heights has received funding for the Gateway Pedestrian Bridge totaling $3,000,000 through Federal Funds. The source of the funds is $475,000 of Appropriations that will authorize through the Federal process in July or August of 2009, or later, and $2,520,000 through the Federal Stimulus or ARRA Funds, which should be Federally authorized in July or August of 2009. The City has prepared an engineering scoping report detailing concept layouts, approach types, bridge types and Right-of--Way (ROW) needs. The City has initiated land acquisition process to meet the State and Federal requirements for necessary permanent and temporary ROW. Analysis/Conclusions: As previously detailed in the Project Scoping Study, the next steps will involve: ^ ROW /Appraisals (150 - 180 days, Federal & State process) -currently in progress. ^ Engineer Selection: (~90 day design) -next 20 -30 days. ^ Consulting Engineer: o Public Involvement /Review o Selection of Approach Types o Selection of Bridge Type o Selection of Aesthetic Treatments o Final Design o MnDOT Submittals /Approvals (by November 13`x', 2009) o Public Bidding: Jan/Feb 2010 o Construction: Summer 2010 To meet the ARRA funding submittal requirement of November 13`x', 2009, the fmal design of the bridge needs to be initiated. Proposals can be received and considered by the City at the end of July so that the consultant may begin work the first part of August An accelerated design timeframe will push the design window to 60-90days and will then just meet the November submittal requirement for ARRA funding. Recommended Motion: Move to authorize staff to seek bids for professional services for the final design of the Gateway Pedestrian Bridge over TH 65 at 49t~' Avenue. KH:kh COUNCIL ACTION: 144E Ol, 2008 Minnesota Stahltes 2 8 Minnesota Statutes p~l~Z 1 Of J 144F.01 EMERGENCY MEDICAL SERVICES SPECIAL TAXING DISTRICTS. Subdivision 1. Political subdivision defined. In this section, "political subdivision" means a county, a statutory or home rule charter city, or a township organized to provide town government. Subd. 2. Who may establish. Two or more political subdivisions, or parts of them, may establish by resolution of their governing bodies a special taxing district for emergency medical services. The participating territory of a participating political st~ibdivision need not abut any other participating territory to be in the special taxing district. Subd. 3. Board. The special taxing district under this section is governed by a board made up initially of representatives of each participating political subdivision in the proportions set out in the establishing resolution, subject to change as provided in the district's charter, if any, or in the district's bylaws. Each participant's representative serves at the pleasure of that participant's governing body. Subd. 4. Property tax levy authority. The district's board may levy a tax on the taxable real and personal property ill the district. The ad valorem tax levy may not exceed 0.048 percent of the taxable market value of the district or $400,000, whichever is less. The proceeds of the levy must be used as provided in subdivision 5. The board shall certify the levy at the times as provided under section 275.07. The board shall provide the county with whatever information is necessary to identify the property that is located within the district. Lf the boundaries include a part of a parcel, the entire parcel shall be included in the district. The county auditors must spread, collect, and distribute the proceeds of the tax at the same time and in the same manner as provided by law for all other property taxes. Subd. 5. Use of levy proceeds. The proceeds of property taxes levied under this section must be used to support the providing of out-of-hospital emergency medical services inchiding, but not limited to, first responder or rescue squads recognized by the district, ambulance services licensed under chapter 144E and recognized by the district, medical control functions set out in chapter 144E, communications equipment and systems, and programs of regional emergency medical services authorized by regional boards described in section 144E.52. Subd. 6. Advisory committee. A special taxing district board under this section must have an advisory committee to advise the board on issues involving emergency medical services and. EMS communications. The committee's membership must be comprised. of representatives of first responders, ambulance services, ambulance hops://www.revisar.leg.state.nln.us/stahttes/?id=144F.01&year=2008 4/7/2009 144F.01, 2008 Mimlesota Statutes medical directors, and EMS communication experts. The advisory committee members serve at the pleasure of the appointing board. Pale 2 oI' Subd. 7. Powers. (a) In addition to author-ity expressly granted in this section, a special. taxing district under this section may exercise any power that may be exercised by any of its participating political subdivisions, except that the board may not incur debt. The special taxing district may only use the power to do what is necessary or reasonable to support the services set out in subdivision 5. (b) Notwithstanding paragraph (a), the district may only levy the taxes authorized in this section. Subd. 8. Additions and withdrawals. (a) Additional eligible political subdivisions maybe added to a special taxing district under this section as provided by the board of the district and agreed to in a resohtion of the governing body of the political subdivision proposed to be added. (b) A political subdivision may withdraw from a special taxing district under this section by resolution of its governing body. The political subdivision must notify the board of the special taxing district of the withdrawal by providing a copy of the resolution at least one year in advance of the proposed withdrawal. The taxable property of the withdrawing member is subject to the property tax levy under subdivision 4 for the taxes payable year following the notice of the withdrawal, unless the board and the withdrawing member agree otherwise by action of their governing bodies. (c) Notwithstanding subdivision 2, if the district is comprised of only two political subdivisions and one of the political subdivisions withdraws, the district can continue to exist. Subd. 9. Dissolution. If the special taxing district is dissolved, the assets and liabilities may be assigned to a successor entity, if any, or otherwise disposed of for public purposes as provided by law. Subd. 10. Reports. On or before March 15, 2005, and March 15, 2007, the special taxing district shall submit a levy and expenditure report to the commissioner of revenue and to the chairs of the house of representatives and senate committees with jurisdiction over taxes. Each report must include the amount of the district's levies for taxes payable for each of the two previous years and its actual expenditures of those revenues. Expenditures must be reported by general service category, as listed in subdivision 5, and include a separate category for administrative expenses. History: 1 Sp2001 c 5 art 3 s 8; 2006 c 259 art 4 s 3 NOTE: This section., as added by Laws 2001, First Special Session chapter 5, article 3, section 8, is effective for taxes levied in 2002, payable in 2003, through hops://www.revisor.leg.state.mn.us/statutes/?id=144F.01&yeai=2008 4/7/2009 14~F.01, 2008 Mimzesota Statutes Page ~ of 3 taxes levied in 201 1, payable in 2012. Laws 2001, First Special Session chapter 5, article 3, section 8, the effective date, as amended by Laws 2005, chapter 151., article 3, section 19, and Laws 2006, chapter 259, article 4, section 20. ~~?.tps://www.revisor.leg.state.nul.us/statutes/?id=144F.01 &year=2008 4/7/2009 CITY COUNCIL LETTER WORK SESSION OF: JULY 6. 2009 ~, -_~ d, AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY FINANCE MANAGER NO: APPROVAL ITEM: COMPUTER AND TELEPHONE SYSTEMS FOR BY: WILL IAM ELRITE BY: THE NEW PUBLIC SAFETY BUILDING DATE: JUNE 30, 2009 Previously we contracted with Elert & Associates to prepare a Request for Proposals for a phone system and computer network switches, wireless access points, and a battery backup UPS system. The proposal for the telephone system was based on using our existing telephones and as much of our current equipment as possible. The request allowed for six alternate proposals. Alternate #l: To upgrade the current 200 Mitel switch to provide digital telephone service to the new Public Safety building. Alternate #2: To upgrade the 200 Mitel switch to provide IP telephone service to the new Public Safety building. Alternate #3: To upgrade to a 3300 Mitel switch and provide digital telephone service to the Public Safety building. Alternate #4: To upgrade to a 3300 Mitel switch and provide IP telephone service to the Public Safety building. Alternate #5: To install two new 3300 Mitel switches, one at City Hall utilizing the current digital phones, and one at the Public Safety building utilizing IP phones. Alternate #6: To install two new 3300 Mitel switches, one at City Hall and one at the Public Safety building utilizing our current digital phones and adding used digital phones for the additional phones needed at the Public Safety building. The following chart shows the proposals received for the computer network equipment and the telephone alternates. Telephone Proposals Marco Inte ra Alternate #1 48,973 54,559 Alternate #2 54,276 60,972 Alternate #3 50,348 47,642 Alternate #3 with Used Phones 44,555 Not Pro osed Alternate #4 58,547 69,476 Alternate #5 67,434 75,001 Alternate #6 55,595 Not Pro osed New S stem Maintenance Contract Years 2 thru 5 Annual Cost 2,600 2,413 4 Year Total 10,400 9,652 Current Maintenance Costs (Would be Eliminated Annual Cost 6,678 5 Year Total (33,390) Total 5 Year Costs (Net of Current Maintenance Costs Alternate #3 27,358 23,904 Alternate #3 with Used Phones 21,565 Not Proposed omputer etwor 22,564 28,820 Page Two On Tuesday, June 30, Tom Pavek from Elert & Associates met with the Chief of Police, Police Captain, Fire Chief, IS Director, IS Technician, and the Finance Director to review the proposals. During the review it was clearly determined that alternates #3 and #6 provided the two best, most cost-effective, long-term solutions to the City's telephone needs. These solutions utilize the Mitel 3300 switch and the City's current digital telephones. The two primary reasons for choosing these alternatives is that the 3300 switch is only slightly more expensive than the 200 switch and provides a more state-of-the-art, long-term solution. The second factor is the savings in re-using our current digital telephones versus going with more costly IP phones. IP phones do provide some additional features but staff felt that the extra cost was not justified. The main difference between alternates #3 and #6 is that alternate #6 provides two switches, one at City Hall and one at the Public Safety building. The purpose of the two switches is that if the cable between the buildings breaks, both buildings would continue to have phone service. In addition to the higher initial capital costs of $11,040, the annual. phone line service costs would be $4,000 to $5,000 more for alternate #6. Marco provided the option of used reconditioned phones for the additional phones that are needed at the Public Safety building. The maintenance contract covers the replacement of all phones for five years. Both Tom and City staff will be available at the work session to answer questions. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with. Marco for a Mitel 3300 telephone switch upgrade based on Alternate #3, a five-year maintenance plan, and a computer-networking syste>n based on their proposal. WE:sms 0906301 COUNCIL COUNCIL ACTION: a ~ CITY COUNCIL LETTER Meeting o£ 7/13/08 AGENDA SECTION: Work Session NO: ITEM: Approve Change Order No. 2 for the Park Improvement Projects: Sullivan Park and Silver Lake Beach Park -Projects 0805 & 0806. ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS t ~, BY: K. Hansen ` BY: DATE: 7/0l/ - I DATE: Background: The 2008 Park Improvement Projects are substantially complete with only plant replacements, reseeding and minor restoration remaining. The work included removal of existing bituminous pavement, removal of an existing park shelter structure, erosion control, general site earthwork, asphalt drives and parking lots, concrete curbing, drainage & utility improvements, surface water quality improvements, electrical work and lighting, pre-fabricated shelter building(s), playground equipment installation, beach reconstruction, boulder retaining walls, site restoration (seed/sod), landscape planting and related miscellaneous improvements. Analysis /Conclusions: During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original contract documents due to field conditions, staff requested changes and unknown conditions. The pricing for additional work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City Engineer, or on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: A. Silver Lake Beach Park 1. Natural Stone Retaining Wall: (existing line item) $6,160.00 2. Reroute water main $3,507.60 3. Erosion control fence: (existing iine item) $242.00 4. Asphalt paving for heavy duty trails (existing iine item> $1,489.95 5. Aggregate base for heavy duty trails (existing l;ne item) $959.20 6. Common excavation (soils) (existing line;tem) $2,013.49 B. Sullivan Lake Park 1. Detectable Warning Plates: (existing i;ne item> $540.80 2. Field condition construction costs: $4,595.15 3. Export of Common Fill (existing line item) $46.75 4. Modular Unit Retaining Wall (existing iine item) $831.60 5. Additional work for modifications of light poles due to unforeseen soil conditions $4,297.26 6. Furnishing and installing 40 herbaceous plugs in basin $121.20 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/13/08 AGENDA SECTION: Work Session NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: Approve Change Order No. 2 for the Park BY: K. Hansen hnprovement Projects: Sullivan Park and Silver DATE: 7/01/08 Lake Beach Park -Projects 0805 & 0806. BY: DATE: Change Order No. 2 Sullivan Park and Silver Lake Beach Park -Projects 0805 & 0806 Page 2 Staff recommends approval of Change Order No. 2 with funding provided by the Park Development Fund and Water Construction Fund. Recommended Motion: Move to authorize Change Order No. 2 for additional quantities of line items and additional work due to field conditions, for the Sullivan Lake and Silver Lake Beach Park Improvements, City Projects 0805 and 0806 to American Liberty in the amount of $24,805, to be funded out of the Park Development Fund 412-50805-5185 ($8,851), 412-50806-5185 ($10,433) and Water Construction Fund 651- 50805-5185 ($3,50'7) KH:kh Attachment: Change Order No. 2 COUNCIL ACTION: CHANGE ORDER NO. 2 Project: 2008 Park Improvement Projects -Sullivan Lake Park and Silver Lake Beach Park Ci Project: 0805 & 0806 Owner: City of Columbia Heights Date of Issuance: July 1, 2009 637 38`x' Avenue N.E. Columbia Heights, MN 55421 Contractor: American Liberty Construction Engineer: Kevin Hansen, City Engineer PO Box 547 Rockford, MN 55373 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include the following: Staff requested additions, field changes or existing conditions modifications to the contract documents as detailed on the attached sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: September 5, 2008 $642,125.60 Previous Change Orders No. 1 to No. 1 Net Change from Previous Change Order: $ 37,165 Contract Price Prior to this Change Order: Contract Ti1ne Prior to this Change Order: $679,290.60 December 5, 2008 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: 24,805 N/A Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $704,095 December 5, 2008 Reco e ed Approved .- By: By: e in Ha en, Ci ngineer American Liberty Construction Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager Attachment to Change Order No. 2 City Project's 0805 & 0806 Page 1 of 1 Owner: City of Columbia Heights Contractor: American Liberty Construction Project: 2008 Park Improvements: Sullivan Park and Silver Lake Beach (0805-0806) Description of Changes: The Public Works Department requested these items be replaced. The work is detailed on the attached change order sheet(s) and can be summarized as follows: Additional quantities in contract unit price work and additional work in addition to the original contract documents due to field conditions, staff requested changes and unknown conditions: A: Silver Lake Beach 1. Adjustment in quantities to Base Bid Item 5.06 Natural Stone Retaining Wall -increase of 350 FF $ 6,160.00 2. Reroute water main to avoid storm sewer and maintain $ 3,507.60 minimum cover depth. 3. Adjustment in quantities to Base Bid Item 2.06 Erosion control fence -increase of 1 l O lf. $ 242.00 4. Adjustment in quantities to Base Bid Item 4.01 Asphalt paving for heavy duty trails for widening a section of trail and additional trail "T" -increase of 21 tons. $ 1,489.95 5. Adjustment in quantities to Base Bid Item 4.02 Aggregate base for heavy duty trails for widening a section of trail and additional trail "T" -increase of 40 tons. $ 959.20 6. Adjustment in quantities to Change Order No. 1 Soil Remediation -increase of 376 CY. $ 2,013.49 B: Sullivan Lake Park 7. Adjustment in quantities to Base Bid Item 4.07 Detectable Warning Plates. Increase of 8 sf. $ 540.80 8. Add items for additional construction costs for installing 8" PVC(by tennis courts) for drainage, revising catch basin design for infiltration basin, raising light pole base, and disposing of concrete rubble found buried on site. $ 4,595.15 9. Adjustment in quantities to Base Bid Item 2.03 Export of Common Fill. Increase of 5 CY. $ 46.75 10. Adjustment in quantities to Base Bid Item 5.07 Modular Unit Retaining Wall. Increase of 49 FF. $ 831.60 11. Add items for additional work for modifications of light poles due to unforeseen soil conditions. $ 4,297.26 12. Add Alternate for furnishing and installing 40 herbaceous plugs in basin. $ 121.20 TOTAL OF CHANGE ORDER NO. 2 $24,805 CITY COUNCIL LETTER Meeting of: 7/13/09 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: CHANGE ORDER NO. I FOR THE 2009 STREET BY: K. Hansen ~ ~,~-_~ BY: REHABILITATION AND ALLEY RECONSTRUCTION, I DATE: 7/01/20 i~r ~ I, I DATE: PROJECT NO. 0902. Background: The 2009 Street Rehabilitation and Alley Reconstruction Project is nearing completion. The work included water main, street reconstruction which included new concrete curb and gutter and bituminous pavement, alley reconstruction which included new curb and gutter and bituminous pavement and fencing, and miscellaneous improvements. Analysis /Conclusions: During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original contract documents due to field conditions, staff requested changes and unknown conditions. The pricing for additional work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City Engineer, or on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: • Item No. 1: Water main crossing CSAH 4 • Item No. 2: Reclaim and grade streets • Item No. 3: Pave reclaimed streets • Item No. 4: Deduct bituminous patch special • Item No. 5: Replace manhole on 39t" Avenue • Item No. 6: Concrete maintenance strip With the change order, the proposed assessment amounts will still be under the rate presented at the improvement hearing by fifteen percent (15%) on the Street Rehabilitation projects and five percent (5%) on the Alley Reconstruction project. Staff recommends approval of Change Order No. 1. Recommended Motion: Move to authorize Change Order No. 1 for miscellaneous utility work, reclaiming and grading mill and overlay streets and constructing fence maintenance strip, City Project 0902 to C and L Excavating, Inc. in the amount of $66,714.64 to be funded from Water Fund ($2,540.00), State Aid Maintenance Fund ($3,250.00) PIR Fund and Assessments ($55,529.64), and Sanitary Sewer Fund ($5,395.00). Attachment: Change Order No. 1 COUNCIL ACTION: CHANGE ORDER NO. 1 Proiect: 2009 Street Rehabilitation and Alley Reconstruction City Project: 0902 Owner: City of Columbia Heights Date of Issuance: June 29, 2009 637 38`" Avenue N.E. Columbia Heights, MN 55421 Contractor: C and L Excavating, Inc. Engineer: City Engineer 7939 Ridgewood Road P.O. Box 99 Saint Joseph, MN 56374 You are directed to make the following changes in the Contract Documents: Description: Construct water main across CSAH 4 (49`" Avenue) and restore CSAH 4 on a Saturday. Reclaim existing bituminous and class 5 base materials and regrade streets as needed prior to paving. Pave non-wear bituminous course on reclaimed streets. Deduct bituminous patch special on reclaimed (mill and overlay) streets. Remove and construct manhole on 39`" Avenue as part of sanitary sewer repair. Construct a concrete maintenance strip under the fence along the alley. Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 480,594.45 Previous Change Orders No. to No. Net Change from Previous Change Order: $ None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 480,594.45 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 66,714.64 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 547,309.09 N/A Appro Approved By. ,{ 4 By. it Engi eer (Contractor) City Manager Walt Fehst Mayor Gary Peterson Date of Council Action Attachment to Change Order No City Project No. 0902 Page 1 Owner: City of Columbia Heights Contractor: C and L Excavating, Inc. Project: 2009 Street Rehabilitation and Alley Reconstruction Description of Changes: The City requested the following work for additions, changes or modifications to the contract documents: • Item No. 1: Water main crossing Construct water main crossing and street restoration on CSAH 4 on Saturday as required by Anoka County. Remove and install 70 LF of water main. Restore street with 12"gravel base and 8" bituminous. Costs will be appropriated from water fund and state aid maintenance fund. • Item No. 2: Reclaim and grade streets Reclaim existing bituminous and class 5 base materials and regrade streets as needed prior to paving. Reclaim 6656 SY of street surface and remove excess material to grade streets with maximum 4% cross slope. Costs will be appropriated from infrastructure hand and assessments. • Item No. 3: Pave reclaimed streets Pave reclaimed streets with 2'/2" of non-wear bituminous base course. Costs will be appropriated from infrastructure fund and assessments. • Item No. 4: Deduct bituminous patch special No patching was required on the reclaimed (mill and overlay) streets as provided for in the proposal. Deduction will be appropriated to infrastructure fund and assessments. • Item No. 5: Replace manhole on 39`x' Avenue between Central Avenue and Reservoir Boulevard Remove and construct manhole on 39`x' Avenue. Existing manhole was brick construction in poor condition. Costs will be appropriated from sanitary sewer fund. • Item No. 6: Concrete maintenance strip Construct 2' wide concrete maintenance strip under the fence from the back of curb to the west to minimize maintenance for both commercial properties and residents. Costs will be appropriated from assessments. CHANGE ORDER 1 Item No. Item Description Unit uantit Unit Price Total Price 1 Water main crossing L.S. 1 $ 5,790.00 $ 5,790.00 2 Reclaim and grade streets S.Y. 6656 $ 2.38 $15,841.28 3 Pave reclaimed streets Ton 948 $ 53.82 $51,021.36 4 Deduct bituminous patch special S.Y. (714) $ 22.00 ($15,708.00) 5 Replace manhole L.S. ] $ 5,395.00 $ 5,395.00 6 Concrete maintenance strip L.F. 625 $ 7.00 $ 4,375.00 TOTAL CHANGE ORDE R 1 $66,714.64 Fundins~ Source Amount Sanitary sewer $ 5,395.00 Water main $ 2,540.00 State aid maintenance $ 3,250.00 Infrastructure $ 7,680.00 Assessments $47,849.64 LL~ CITY COUNCIL LETTER Meeting of: July 6, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: John P. Murzyn. Hall Event Security BY: Keith Windschitl BY: NO: Recreation Director DATE: 7/ 1 /09 BACKGROUND John P. Murzyn Hall security officers have been provided by the Columbia Heights Police Department for many years. Over the years we have used Community Service Officers and most recently Reserve Officers. The Police Department will no longer provide this service. Some of the events have increased the need for quality security at Murzyn Hall. Staff has received proposals from G4S Wackenhut and Wolf Protective Agency. Both companies have been recommended and are capable of doing a great job in providing security for our building. It has been recommended that we use an armed officer over an un-armed officer. We do have flexibility as to switch between armed to un-armed or having an option for both, based on staff discretion. Attached are the proposals we have received. Below is a summary of how the two companies compare. COMPANY ARMED OFFICER UN-ARMED OFFICER G4S Wackenhut $22.00/hour $18.33/hour Wolf Protective Agency $22.97/hour $17.97/hour G4S Wackenhut does have afour-hour minimum, which coincides with our policy of having an officer if the bar lasts more than three hours. The annual contract is required and does have athirty-day written termination notice by either party. Wackenhut has also indicated they would supply the City with a copy of their insurance listing the City as additional insured. At the Park and Recreation Commission meeting held on June 24, 2009, the Commission unanimously voted to recommend G4S Wackenhut for John P. Murzyn Hall event security. RECOMMENDED MOTION: MOTION: Move to contract with G4S Wackenhut for John P. Murzyn Hall security and authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: G S Wackenhut Contract to Provide Security Services to: The City of Columbia Heights 1 John P. Murzyn Hall ~"' ~~ Columbia Heights i-. ~, -- Submitted by: G4S Wackenhut 2610 University Avenue West Suite 210 Saint Paul, MN 55114 651.482.1928 {phone) 651.484.9091 (fax) www.wackenhut.com ~: G'~ Wackenhut SERVICES CONTRACT THIS SERVICES CONTRACT is entered into as of ,Tune 16, 2009 [the "Commencement Date"] between The Wackenhut Corporation, a Florida Corporation, with an office located at 2610 University Avenue West, Suite 210, Saint Paul, MN 55114 and The City of Columbia Heights /John P. Muryzn Hall ["Client"] a Corporation with an office located at 530 Mill Street N.E. Columbia Heights, MN 55421 [hereinafter Contractor and Client may be referred to as the "Party" or "Parties".] The Parties hereby agree as follows: 1. SCOPE OF SERVICES. (a} Contractor shall furnish and/or perform the security services described in Schedule A, attached hereto and incorporated herein by reference, {the "Services"} at Client's premises located at 530 Mill Street N.E., Columbia Heights, MN 55421 (the "Premises") in accordance with this Services Contract and all post orders or other written guidelines agreed upon by Client and Contractor (the "Contract"). The Client has specified the nature, type and degree of, and hours for, the services to be provided by Contractor far the purpose of carrying out the terms and conditions of this Contract. (b} Contractor is generally available to perform Emergency Services, subject to the Parties entering a separate Emergency Services Agreement that contains mutually agreeable terms and conditions. Emergency Services include, but are not limited to: (i) acts of government in its sovereign capacity, (ii) fires, (iii} floods, (iv} strikes, (v) acts of terrorism, (vi} unusually severe weather, (vii} riots, (viii) earthquakes, or (ix) other acts of God. 2. BILLING; PAYMENT. (a} Client shall pay Contractor far the Services as specified in Schedule A. The rates contained in Schedule A shall become effective as of the Commencement Date, and shall remain in force for one (1}year. Notwithstanding, following receipt of written notice from the Contractor, the rates shall be automatically adjusted far any change in costs mandated by law, including but not limited to State licensing fees, Federal Insurance Contribution Act (FICA), Federal Unemployment Tax Act (FUTA}, State Unemployment Insurance (SUI), Workers' Compensation, andlor Federal or State minimum wage laws. In addition, the rates may be adjusted each November 1 for any increased cost for medical insurance premiums. Fees for the Services are exclusive of any local, State or Federal sales or service taxes applicable to Services. To the extent State law taxes the Services, Contractor shall invoice Client for taxes as required by law. The client is solely responsible for the payment of all such taxes and shall remit to Contractor all such taxes along with payment of each invoice for Services issued hereunder. (b} The Client agrees to pay Holiday rates for the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (c} The Client agrees to pay overtime rates, based on contract billing rates, for any additional hours of Service requested by Client that are performed for less than thirty (30) days. (d) Contractor will invoice Client weekly for the Services performed. All invoices are due and payable by Client upon receipt. Payments not received by Contractor within thirty (30) days from the date of the invoice shall accrue interest at the rate of one and one-half percent (1.5%} per month or the maximum allowed by law, if lower. 3. TERM' TERMINATICIN• RENEWAL. The initial term of this Contract shall be for one (1 } year beginning on the Commencement Date. The Contract will automatically renew for successive one (1) year periods with a minimum (to be negotiated) automatic increase in the labor and non-labor bill rates each renewal year. The Contract may be terminated: (a) effective thirty (30) days from the date of receipt of a written termination notice by either Parley; (b) by Contractor for non-payment by Client following twenty-four (24} hours written notice; (c) immediately upon written notice to the Client in the event a Bankruptcy petition is filed or a receiver is appointed by or for the WF-066 {11/13106} Page 1 of 5 Client, and; (d) by either Party effective thirty (30) days from the receipt of written notice to the other regarding the failure of such other Party to perform its duties or obligations hereunder, provided such failure is not cured within the thirty (30} day notice period. In the event Client terminates this contract for any reason other than Contractor's failure to perform as set forth in 3.(d) above, Client shall reimburse Contractor for any unamortized or unrecovered costs far vehicles or other special equipment procured for and used exclusively in the performance of this Contract. 4. DUTIES OF SECURITY OFFICERS. Contractor's security officers assigned to the Premises will perform the Services set forth in the Contract. The security officers will perform the duties assigned to them in accordance with applicable written post orders or guidelines, but shall be under the sale control and direction of Contractor. The Client assumes the risk and responsibility in the event that Client takes over direct control or supervision of a Contractor employee by requiring the employee to perform contrary to the Contract or not perform duties as contemplated by the Contract. The security officers, while on duty, shall wear uniforms, present a neat and orderly appearance, and shall perform their duties in a courteous and respectful manner. 5. INSURANCE AND t_IMITATION OF LIABILITY. Contractor shall provide a visible presence, and shall deter, observe and report. Contractor is not an insurer of the premises and makes no representation, express or implied, that its services will prevent injury, loss or damage. Contractor shall maintain the following insurance coverage: (i} workers' compensation insurance with statutory limits, (ii} automobile liability, with $1,000,000 combined single limit (each accident), and (iii} commercial general liability, including contractual liability, with coverage of $1,000,000 per occurrence! $1,000,000 general aggregate. Client shall give notice to Contractor of any loss, damage, expense, claim, lawsuit, liability, fine or penalty {together referred to as "Claim") within thirty (30) days of the occurrence giving rise to the Claim or, with respect to a third-party Claim, within thirty (30} days from receipt of notice of the Claim. No claim, demand or lawsuit regarding any such Glaim shall be brought against Contractor by Client unless such notice is given. Contractor's liability under this Contract shall be limited to the limits of Contractor's insurance coverages as set forth above. 6. INDEMNITY. Contractor and Client shall defend, indemnify and hold each other, and each other's respective parent company, subsidiaries, insurers, agents and employees, harmless against all liability, loss, damage and expenses (including reasonable attorneys' fees} resulting from or arising out of this Contract to the extent such liability, loss, damage or expense is proximately caused by the negligent or willful act(s) or omission(s) by the party from whom indemnity is sought, including such party's agents, employees or subcontractors. It is the intention of the parties hereto that the obligations of Contractor under this Paragraph shall be for the acts or omissions of its employees and agents, and any indemnification of Client by Contractor will only be to the extent of the Contractor's negligent or willful act(s) or omissions}, including that of its employees or agents. Under no circumstances shall Contractor be obligated to assume any liability far the acts ar omissions of any person or entity that is not an employee or agent of Contractor. The provisions of this Paragraph shall survive the expiration or termination of this Contract. 7. INABI<_ITY TO PERFORM PROTECTIVE SERVICES. Contractor will not be liable for any failure or delay in performing the Services, in whale or in part, where such failure ar delay is caused by circumstances beyond Contractor's control, including acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, court order or any other cause over which Contractor does not have direct control. 8. RECRUITMENT AND TRAINING EXPENSES. Each security officer assigned to the Premises has been recruited and trained at Contractor's expense using methods and training programs developed by Contractor. Client would receive the benefits and Contractor would suffer the loss of such recruiting or training expense if Client hired any such security officer. It is impractical or impossible to quantify with certainty the precise cost to Contractor of recruiting and training each security officer, but the sum of Two Thousand Five Hundred and 00/00 Dollars ($2,500.00) constitutes a reasonable approximation of such recruiting and training expense (the "Reimbursement Fee"). Client shall pay to Contractor the Reimbursement Fee for each security WF-066 (11!13106} Page 2 of 5 officer who is hired or retained by Client, or by any agent or contractor of Client, as a security officer or as one who supervises security officers or security services at any client location, if such security officer performed any of the Services at the Premises during the twelve (12) months preceding his/her engagement by Client. 9. COMPLIANCE. Contractor and Client shall comply with all applicable Federal, State and local laws, rules and regulations. Contractor wi(I take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. In addition, and in accordance with Section 503 of the Rehabilitation Act of 1973, Contractor shall not discriminate against, and will take affirmative action to employ and advance in employment, qualified individuals with disabilities who, with reasonable accommodation, can perform the essential functions of a job. Further, and in accordance with 38 U.S.C. 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, Contractor shall not discriminate against, and will take affirmative action to employ and advance in employment, qualified special disabled veterans, recently separated veterans, and other protected veterans. 10. SEVERABILITY OF PROVISIONS. The covenants and provisions contained in this Contract are separate and independent and in the event any section, paragraph or provision hereof shall be declared invalid, illegal or unenforceable in any respect for any reason, the same will not affect any other section, paragraph or provision in this Contract, which should be construed as if such invalid, illegal or unenforceable section, paragraph or provision had never been contained herein. 11. ASSIGNMENT. Either party may assign this Contract to a wholly owned subsidiary or corporate affiliate. Absent such affiliation, this Contract shall not be assigned by either Party without the other Party's prior written consent. 12. GOVERNING LAW. This Contract and all amendments, modifications, alterations or supplements hereto shall be deemed to have been executed in, and shall be governed by and construed in accordance with the laws of the State where the service is performed. 13. NOTICE. Any notice required to be delivered by either Party under this Contract shall be in writing and shall be deemed to have been duly given if either delivered personally or mailed in a registered or certified postpaid envelope deposited in the United States mail addressed to the address of either Party as set forth below: To Contractor: G4S Wackenhut 2610 University Avenue West, Suite 210 Saint Paul, MN 55114 Attention: Isaac Luten, IV To Client: The City of Columbia Heights /John P. Muryzn Hall 530 Mill Street N.E. Columbia Heights, MN 55421 Attention: Keith Windschitl 14. NON-WAIVER. Any failure of either party to strictly enforce the provisions of this Contract, with the exception of the notice requirement set forth in Paragraph 5 above, shall not constitute a waiver of any contractual rights hereunder, unless such waiver is in writing signed by the waiving party. 15. INDEPENDENT CONTRACTOR. The relationship of Contractor to Client under this Contract shall be that of an independent contractor. This Contract shall not be construed to create an employment relationship between the Parties. Contractor shall be responsible for payroll, payroll WF-d66{11/13(06) Page 3 of 5 taxes {including Federal and State withholding taxes, Federal Social Security taxes and State unemployment taxes}, costs of any background checks, uniforms and all other expenses of Contractor in conjunction with the performance of this Contract. 16. LICENSES. Contractor, its officers and employees, shall be duly licensed and will obtain all permits necessary and required to perform Services by the State, County and/or Municipality where Services are to be performed. 17. NO THIRD-PARTY BENEFICIARIES. The Services are being provided only to Client or its agents. No other person or entity is, nor is intended to be, a third-party beneficiary under this Contract. Contractor is assuming no duty to protect any other persons or entities or their property. Gontractor shall not be liable to any persons or entities not a party to this Contract for any bodily injuries, including death, or property damage, unless caused by Contractor, nor shall it be liable for indemnity and/or contribution in favor of any person or entity against whom such a claim is brought, including Client. 18. HAZARDOUS CONDITIONS. Client warrants and represents that there are no chemical or other hazards that require disclosure to employees of Wackenhut that have not been disclosed to Wackenhut under the OSHA Chemical Hazard Communication Standard 1910.1200. Client agrees that, to the extent it is required by law to provide such training to its own employees, it will allow Wackenhut employees to attend any Hazard Communication Training Program and will provide all training materials to employees of Wackenhut. 19. ENTIRE AGREEMENT. This Contract is the final expression and embodies the entire agreement of the Parties relating to the subject matter hereof. No amendment or modification of this Contract shall be valid or binding upon the Parties unless made in writing and properly executed by Contractor and Client. 20. MISCELLANEOUS. (a} All references to the Parties shall include the plural as well as the singular, and heirs, legal representatives, successors and permitted assigns, whether the same is masculine, feminine or neutral. (b} Each individual executing this Contract on behalf of a limited liability company, a corporation, a partnership or any other legal entity (the "entity") represents and warrants that he or she is duly authorized to execute and deliver this Contract on behalf of the entity, and that this Contract is binding upon said entity in accordance with its terms. (c) All exhibits, amendments and addenda attached hereto are hereby incorporated herein and made a part hereof. (d) The captions, section numbers and articles appearing in this Contract are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles of this Contract. (e) If either Party seeks to enforce this Contract by ar through an attorney-at-law, the non-prevailing Party shall pay to the prevailing Party upon demand all costs and expenses incurred by prevailing Party in connection with such enforcement action including, without limitation, reasonable attorneys' fees, expert fees, costs and expenses. IN WITNESS WHEREOF the Parties have Commencement Date by a duly authorized agent. The Wackenhut C tion~f,,, . .~ By: caused this Contract to be executed as of the Gllent: The City of Columbia Heights i John P. 'ylurryn Hall By: Name: Isaac Luten Title: General Manager Date: 07/01 /2009 WF-066 (11!13/06} Name: Keith Windsehitl Title: Date: Page 4 of 5 SERVICES CONTRACT SCHEDULE A Scope of Work: Provide Armed/Unarmed Security Officer Coverage far Banquets/Special Events. Hours Per Week: Varies Pricing: CPO -Armed Officer Bil] Rate:S22.00 OT/Holiday Bill Rate: X30.80 USO -Unarmed Officer Bill Rate: $1$.33 OT/Holiday Bill Rate $25.66 WF-066 (11/13/06) Page 5 of 5 PROPOSAL FOR SECURITY SERVICES fog The City of Columbia Heights 530 Mill Street NE Columbia Heights, MN 55421 Ph: 763- 706-3 732 by WOLF PROTECTIVE AGENCY, INC 10732 Hanson Boulevard COON RAPIDS, MINNESOTA Ph: 763-862-0600 / F.~ 763-862-1310 ~INTRODUCTION~ Wolf Protective Agency, Inc. is a recognized and demonstrated. expert in providing physical protection, security, and risk management services for individuals, business, industry, hotel properties, healthcare, manufacturing, entertainment venues, property management, retail outlets, special events, and government. With cumulative management experience of over 50 years, we have carefully built a reputation for providing highly professional, reliable service predicated on solid preparation of personnel, a demand for excellence in performance, and for instilling the value of proactive intervention whenever possible. Successfully mitigating risk and liability is what we are about, every day, wherever we are deployed. ~TRAINING~ Officers in the employment of Wolf Protective Agency, Inc. receive training that far exceeds State of Minnesota training mandates for the security industry. Wolf Protective Agency, Inc., prior to assignment to The City of Columbia Heights, we will assure that our officers receive a comprehensive review of WPA customer service policies and protocols and. of work rules and regulations related to our industry. Note also that WPA employees are subject to a strict drug and alcohol policy that includes random testing if indicated. WPA has an Equal Opportunity and Affirmative Action Plan certified by the State of Minnesota and is an employer that takes pride in its diverse workforce. ~INFRASTRUCTURE~ All of the officers in the employ of Wolf Protective Agency, Inc. that will be assigned to The City of Columbia Heights will be attired in clean, well tailored uniforms with identifying insignias. Each officer will be equipped with atwo-way radio that is a serviced by a 24-hour dispatch center. Each officer can also be equipped with a mobile phone if required. Patrol officers are equipped with late model squad cars, with emergency lights, two way radios, basic first aid. materials, and GPS tracking allowing for location in emergencies and independent third-party documentation of car activity. The cars are equipped with modems allowing for electronic transmission of documentation and for remote monitoring of security cameras with appropriate electronic interface. Wolf Protective Agency, Inc. officers are also supported by well seasoned, experienced, and accessible management. Collectively there is over 50 years of industry experience in the WPA management staff with a solid command and understanding of risk and. liability mitigation. SCOPE OF SERVICE Wolf Protective Agency, Inc. anal its officers will address the following security concerns for The City of Columbia Heights: • Security of The City of Columbia Heights properties, and personnel. • Operational emergencies that constitute a risk to The City of Columbia Heights, personnel and property. • Medical emergencies that can be addressed within the scope of WPA officer's skills sets and the City of Columbia Heights protocols. • Documentation of Officer Activities pursuant to The City of Columbia Heights. • Documentation of Incident Reports pursuant to policies that mutually assure the legal protection of both WPA and The City of Columbia Heights interests. MANAGEMENT OF OPERATIONS and ACCOUNT SERVICES Any operational issues or deficiencies identified by The City of Columbia Heights or WPA management regarding the daily WPA/The City of Columbia Heights operations will be addressed by the WPA Quality Management Program. Corrective Action Plans will be completed and implemented for all significant issues or deficiencies. The Action Plan will be completed in defined time period by assigned personnel and submitted to The City of Columbia Heights management for comment, review, and/or revision. ~PRICING~ Service Location: 530 Mill Street NE, Columbia Heights, MN 55421 • On-Site Security Services $17.97 per hour, per unarmed officer. $22.97 per hour per armed officer. ~Hours~ Specific hours and number of officers to be determined. Minimum of four hour shifts. CITY COUNCIL LETTER Meeting of: July 6, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: John P. Murzyn Hall Bar Policy BY: Keith Windschitl BY: NO: Recreation Director DATE: 7/ 1 /09 BACKGROUND John P. Murzyn Hall bar policy currently allows an open bar if events have 275 people or less. This allows renters to bring in their own alcohol and bartender, and give the drinks out to the guests at no charge. Recently, this policy has become more of problem with larger groups, exceeding the number of guests during the event and over serving with free alcohol. There also has been some question whether people of legal age are being served during an open bar. This has impacted the building in a negative way requiring additional cleaning and repairing of damages. We have increased the number of security and staff on occasions to help deter these types problems. Some open bar rentals have required assistance from the Police Department where people have been arrested. All of these circumstances increase the liability to the City. The current policy also allows the renter to hold a Lion's bar where the Columbia Heights Lions Club operates the bar and charges by the drink. This Lions bar is required when the expected amount of guests is higher than 275 people. The Lions Club is the only organization that is authorized to conduct liquor sales in the facility. At the Park and Recreation Commission meeting held on June 24, 2009, the Commission unanimously voted to recommend a no open bar policy on any new rental effective immediately and to work with all current rentals to urge them to use a trained bartender, the Lion's Club or a licensed liquor establishment. RECOMMENDED MOTION: MOTION: Move to amend the John P. Murzyn Hall bar policy to require all new rentals to use the Columbia Heights Lion's Club or a licensed liquor establishment effective immediately. COUNCIL ACTION: CITY COUNCIL LETTER Work Session of 3uly 6, 2009 AGENDA SECTION: ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: BY: Scott Nadeau ~~" BY: NO. DATE June 30, 2009 DATE: BACI~~IaOUND At the City Council Work Session of June 1, 2009, City Attorney James Hoeft and I presented a Repeat Nuisance Calls for Service ordinance that includes a fee that is being proposed to address issues relating to repeat nuisance calls on private property. At that work session, direction was given to research the fees relating to violations of this ordinance anal I have researched a municipality of a similar size that has a similar ordinance. The City of Robbinsdale is presently charging $250 for each call starting with the third nuisance call to a property, plus additional fees for excess costs (see attached). ANALYSIS/CONCLUSION It is the Police Department's desire to pursue enactment of this ordinance in an effort to reduce repeat nuisance calls for service and it recommends the fees that are being charged in Robbinsdale be added to the city fee schedule. COUNCIL ACTION: ARTICLE VIII: REPEAT NUISANCE CALL SERVICE FEE Section 8.801 Purpose 8.802 Scope and application 8.803 Definitions 8.804 Repeat nuisance service call fee 8.805 Notice 8.806 Right to appeal 8.807 Legal remedies nonexclusive 8.808 Applicability of repeat nuisance service call fee 8.809 Recovery of fee § 8.801 PURPOSE. The 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. § 8.802 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 Columbia Heights peace officer, part-time peace officer, community service officer, animal control and/or code enforcement officers. § 8.803 DEFINITIONS. For purposes of this Section, the term "nuisance misconduct" 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 Minnesota State Statute 609.33; (C) Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; andlar (D) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. ~ 8.804 REPEAT NUISANCE SERVICE CALI. FEE. (A) The City may impose a repeat nuisance service call fee upon the owner and/or occupant of a private property if the City has rendered services or responded to the property an three or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. (B} The repeat nuisance service call fee will be set forth in a resolution approved by the City Council. An additional amount maybe imposed to reflect the salaries of police officers, community service officers, animal control and/or code enforcement 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. (C) 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. § 8.805 NOTICE. (A) No repeat nuisance service call fee maybe 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: (1) Identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and (2) State that the owner or occupant maybe subject to a nuisance call service fee if a third nuisance service call is rendered to the property for any further nuisance conduct; and (3) 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 2 (4) Be served personally; by U.S. Mail upan the owner or occupant at the last known address; or by pasting the subject property. § 8.806 GRIT TO APPEAL. (A} 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. (B) 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 thirty (30) 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. (C) The hearing will be conducted by the City Council 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 Council will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The City Council will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail within ten (10) days of the hearing. (D} If the owner or occupant fails to appear at the scheduled hearing date, the right to a hearing is waived. (E} Upon waiver of the right to a hearing under subdivision (2) or (4} or upan service of the City Council'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 (10) days. § 8.807 LEGAL 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. § 8.808 APPLICABIILTY OF REPEAT NUISANCE SERVICE CALL 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. § 8.809 RECOVERY OF FEE. (A} If a repeat nuisance service call fee remains unpaid thirty (30) days after the billing statement is sent by the City, it shall constitute: (1) a lien on the real property where the violation occurred; or (2) a personal obligation of the owner or occupant in all other situations. (B) A Lien lnay be assessed against the property and collected in the same manner as taxes. 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