The URL can be used to link to this page

Home My WebLink About03/22/2010 RegularCITY OF COLUMBIA HEIGHTS Mavor Gary L. Peterson 590 40m Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers I~isitourwebsiteat: www.ci.ca[scmbda-hei~ht,s.mn.aas Rober[A. Wil/iams Bruce Nativrocki Tamn~era Diehr~z Bruce Kel.enberg CiN Mana2er Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 22, ZO10 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia I-~eights, Ni~Iv. 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 disabled persons are available upon request when the request is made at Ieast 96 hours in advance. Please call the City Clerk at 763-706-361 l, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Reverent Dan Thornpson, Columbia l-Ieights 1~ssembty of Gad Church 2. PLEDGE OF ALLEGIANCE 3o ADDITIQNSlDELETIONS T~ 1VdEETING AGEl'~DA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These rnay be items brought to the attention of the Council Lmder the Citizen Forum ar items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS, RECOGIVITION, ANNOUNCEMENTS, GUESTS A. State Senator Satveer Chaudharv B. Yaun~ Artist Com~etition announeement - Sister City Committee metr-bers 5. CONSENT AGENDA (These items are considered to be rautine by t~e Ci~ty Councit and v~ilt be enact~d as part af the Consent Agenda by one rnotion. Items removed from c~r-sent agertda approva! will be taken up as the next order of business.} A. Apprave Citv Couneit meeting minutes MOTION: Move to approve the minutes of the March l, 2010 Seal Coat Public Improvement Hearing. MOTION: Mave to approve the minutes of the March 1, 2010 Street Rehabilitation Public Improvement Hearing. MOTION: Move to approve the minutes af the March 8, ZO10 City Council meeting. B. Adopt Resolution 2010-19, Bein~ a Resolution Apt~rovin~ Plans and Snecifications and Orderin Advertisement for Bids for 2010 Street Rehabilitation Proiects. Zone 5. Citv Proiect Number 1002 MOTION: Move to waive the reading of Resolution 2010-19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-19, Being a Resolution Approving Plans and Specifications and ordering Advertisement for Bids for 2010 Street Rehabilitation Projects, Zone 5, City Project Number 1002. p.5 p.7 p.il p.22 City Council Agenda Monday, March 22, 2010 Page 2 of 4 C. Adopt Resolution 2010-20, Being a Resolution Declaring the Official Intent of the City of p• 24 Columbia Hei~hts to Bond for Zone 5 Street Rehabilitation Projects Cit~Project 1002 MOTION: Move ta waive the reading of Resolution 2010-20, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-20, being a resolution declaring the official intent of the City of Columbia Heights to Bond for Zone 5 Street Rehabilitation Projects, City Project 1002. D. Adopt Resolution 2010-23 A Resotutian Authorizin~ A~plication to the MN/DNR for a Local p~ 26 Trail Grant RECOMMENDED MOTION: Move to waive the reading af Resolution No. 2010-23, there being ample copies available to the public. RECOMMENDED MOTION: Mave to adopt Resolution No. 2010-23 being a Resolution authorizing the Public Warks Director to submit an application to the Department of Natural Resources Local Trail Program for eligible funds for trail improvements and designating the Directar of Public Warks as the primary contact for the prograrn. E. Apprave Capital Equipment Replacement of Unit #409: Chevrolet C 15 Car~o Van from the p• z 9 State of IO~linnesota Purchasing Contract. MOTION: Move to authorize the replacement of Unit #409 and purchase under the State of Minnesata Purchasing Contract one (I} new Ford E150 cargo van from Elk River Fard Dodge Jeep in the amoimt of $1 &,098 plus sales tax and license. Funding shall be fram the Engineering Capital Equipment Repiacement Fund 431-43100-5150. F. Approval of the attached list of rentai housin~ applications. Thev have met the requirements of p, 30 the Property Maintenance Code. Il~1QTI~N: 1Vlave to approve th~ items listed far rer~tat hausiilg ~icense appticatio~s fc~r 1'vlarch 22, 2Q10. G. Approve Business License Applications M~TION: Mov~ to apprave ~he items as listed ~ra the business lieense agenda for 1V1arc~ 22, p.34 2010 as presented. H. A~pprove Payment of the Bills MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached P• 36 check register covering Check Number 133954 through 134187 in the arnount of $1,071,701.15. MOTION~: Move to approve the Consent Agenda items. 6. PUBLIC HEARI[NGS A. Adopt Resolution 2010-21, 534 Huset Parkway bein~ a Resolution of the City Council of the p• 44 Citv of Columbia Hei~;hts approving rental license revocation for failure to meet the ~ requirements of the Property Maintenance Codes MOT10N: Move to close the public hearing and to waive the reading of Resolution Number 2010-21, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2010-21 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A). City Council Agenda Monday, March 22, 2010 Page 3 of 4 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Second Readin~ of Ordinance 1576, bein~ a Zonin~ Amendment as it Relates to Setbacks in the R-3 District p. 4~ MOT10N: Move to waive the reading of Ordinance No. 1576, being ample copies available to the public. MOTION: Move to adopt Ordinance Na. 1576, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1576. 2. Second Readin~ of Ordinance 1577, being a Zoning Amendment as it Relates to Planning Fees p.ss MOTION: Move to waive the reading of Ordinance No. 1577, being ample copies available to the public. MOTION: Move ta adapt Ordinance No. 1577, being an ordinance amending Ordinance Iaio. 1490 ~ity Code of 2005, adopting the proposed zoning arnendments outlined in Ordinance 1577. First Read'rn~ of Ordpnance 1579, bein~ an Ordinanc~ amending the Tree Ordinance section of the Citv Code: Chapter 4, Article II, section 4.201 and 4.202. P~ 67 MOTION: Move to waive the reading of Ordinanee 1579, there being ample copies available to the public. ~ MOTION: Move to establish the second reading of Ordinance 1579, being an Ord'rnance amending City Code Chapter 4, sections 4.201 and 4.202 for April 12th, 2010 at approximately 7:00 p.m. in the Council Chambers. 4. Farst Readin~ of Ordinance 15780 ~ein~ an Jrdinance Amend~rt~ the Refuse and R~cvclin Section of the City Code: Chapters 4, 5, 8 p~ 83 MOTION: Move to waive the reading of Ordinanee 1578, there being ample copies available ta the ~ublic. MOTION: Move to establish the second reading of Ordinance 1578, being an Ordinance amending City Code Chapters 4, 5 and 8 for April 12th, 201Q at approximately 7:00 p.m. in the Council Chambers. 5. Adopt Resolution 2010-15. Bein~ a Resolution Abprovin~ Conservation Water Rate Stud and Utility Rate recommendations ~. s~ MOTION: Move to waive the reading of Resolution 2010-15, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-15, which establishes Conservation Water Rates using an inclining block structure beginning in April of 2010, and establishes utility rates for Water Service, Sanitary Sewer Service, Storm Sewer and Refuse for 2010 through 2014. B. Bid Considerations Adopt Resolution No. 2010-22, bein~ a Resolution Acceptin~ Bids and Awardin,~a Contract for 2009 Public Improvements: Gateway~ Pedestrian Bridge Reconstruction Praiect p• i~~ MOTION: Move to waive the reading of Resolution No. 2010-22, there being ample copies available to the public. City Counci) Agenda Monday, March 22, 2010 Page 4 of 4 MOTION: Move to adopt Resolution No. 2010-22, being a resolution accepting bids and awarding the 20C19 Public Improvements: Gateway Pedestrian Bridge Reconstruction Project to C.S. McCrossan of Maple Grove, Minnesota based upon their low, qualified responsible bid; in the amount of $2,035,167.55 with funds to be appropriated from Fund 415-50906- 5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 2. Approye_Professional Services A~reement for the Gatewav Pedestrian Brid~e - Construction En ineering Services p. 1z~ MOTION: Move to accept the proposal from in the amount of $ , for Construction Engineering Services for the Gateway Pedestrian Bridge, and furthennore, authorize the Mayor and City Manager to enter into an agreement for the same. C. New Business and Reports 8. ADMINISTRATIVE REPORTS Rep~rt of the City Manager Report ofthe City Attorney 9. CITgZENS FORUM At this time, citizens have an opportunity to discuss with the Couneil items not on the regular ager~da. Citizens are requested to limit their comments to five minutes. Anyane who would like to speak shail state his/her name and address for the-reca~d. 10. ADJOURNI , f - ~ f, !~- ` - Linda L. Magee, LLN1/cjb OFFICIAL PROCEEDINGS CITY OF C()LUMBIA HEIGHTS PUBLIC IlVg'ROVEMENT HEARING MONDAY, MARCH 1, 2010 The following are the special meeting minutes for the Public Improvement Hearing of the City Council held at 6:00 p.m. on Monday, March 1, 2010 in the City Council Chamber, City Hall, 590 40`" Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councidmember Nawrocki, Councilmember Diehm, Councitmember Kelzenberg t~bsent: Councilmernber ~Villiams PUBLIC IMPRO~EMENT FIEARING: 2010 SEAL COAT IMPROVEMENT PROGRAM A) Street Seal Coat Project Presentation af Informatian an Seal Coat Project by Staff Kevin Hansen, Public Works Direetor, indicated the proposed seal coat area is 53rd Avenue on the north and 48`h Avenue on the south, w'rth east/west boundaries being University Avenue to Central Avenue. Hansen stated that all streets not worked on in 2009 wiil he sea( coated in 2010. dVe are or~e zone behind in seal coating. The work would be bid through a joint project with six or seven cities Nawrocki asked when this area was last seal coated. Hansen stated in 2001. 1) Questions and Comments on Seal Coat Project Mayor Peterson opened the public hearing. No one came forward to speak. ~} Close the Public ~Iearin~ Mayor Peterson closed the public hearing. C~ Consideratian af Resalution Motion by Diehm, second by Ketzenberg, to waive the reading of Resolution No. 2010-I3, there being ample copies available to the public. Upon vote: All ayes.lVl~tion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2010-13, being a resolution ordering improvements for Zone 4 Seal Coat. Upon vote: All ayes. Motion carried. ADJOU1tNMENT Peterson adjoumed the meeting at 6:09 p.in. Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2010-13 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE 4 SEAL COATING CITY PROJECT 1001 ~ WHEREAS, pursuant to Resolution 2010-10, adopted by the City Council on January 25~', 2010, fixed a date for a Council hearing on the proposed improvements in the Zone 4 area bounded by University Service Drive and Monroe StreeUCentral Avenue from 48`" Avenue to 53`d Avenue. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 15` day of March, 2010, at which time all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That t~:e !~eati~n an~ ext~:~t ~f s~ech imF:avements is as :;i;aws: University Service Drive 48`h Avenue to 53`d Avenue ~rn Street 48`~ Avenue to ~3`d Avenue 5`h Street 48`h Avenue to 49`" Avenue and 50`'' Avenue to 53`d Avenue 6`h Street 48`h Avenue to 53`d Avenue 7`h Street 48`h Avenue to 52"d Avenue Washington Street 4$`" Avenue to S lst Avenue Madison Street ~8`~ Avenue to SIs` Avenue 48`~ Avenue Universiry 5ervice Drive to Washington Street 50`h Avenue Washington Street to Jefferson Street 5131 Avenue University Service Drive to 6`h Street and 7`h to Washington Streets Sullivan Drive ~`h Street to Washington Street 52"d Avenue University Service Drive to 7`h Street Work includes spot eanerete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application. 2. Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 25`h day of January, 2010. 4. These improvements shall also be known as Project No. 1001 and PIR: ?O10-Z4-O1-001. 5. The Crty Engineer, Kevin Hansen, is hereby designated as the engineer for this impravernent. The engineer shall prepare pfans and specifications for the making of such improvement. OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IlVIPROVEMENT HEARING II MONDAY,IVIARCH 1, 2010 The following are the special meeting minutes for the Public Improvement Hearing of the City Council held following the 6:00 p.m. meeting on Monday, March 1, 2010 in the City Council Chamber, City Hall, 590 40`h Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Ke lzenberg Tardy: Councilmember Wittiams I~UBLIC I1V~120VEMENT H~ARING: 2010 STREET REIiABILITATION PROGRAM FOR ZONE 5 A) Street Rehabilitation Pro'~ects 1) Presentation of Information an Street Rehabilitation Projects by Staff Kevin Iiansen, Public Works Director, explained the feasibiiity reports compieted ~n this area and the process used by staff to physically check the streets, which includes counting cracks, punching holes for street samples, and have a consulting firm strength rate the streets. With this information, staff recornmends the work needed, which is seal coating, mill and overlay, or partial/full street reconstructian. Hansen stated that assessments or interest rates are not set at this meeting. The meeting is for citizen testimony and a decision on whether to proceed. This street program began in 1997, splitting the city in to seven zones. Due to the age of the streets in Calumbia Heights, we have not been able to address every street in every zone, but dealt with the worst streets first in each zone. Locations for street work in Zone 5 2010 are: PARTIAL STREET RECONSTRIICTI01`J l. 4`~' Street, 47th Avenue to 48`" Ave~ue 2. Washington Street, 46th Avenue to 47`" Avenue 3. 46~~' Avenue, Jefferson 5treet to Monroe Street STREET MILL .4I~1D OVEF~LAY 1. Monroe Street, 45`h Avenue to 46th Avenue 2. 45r~ Avenue, University Avenue Service Drive to 1Vlonroe Street 3. 46th Avenue, University Avenue Service Drive to 7`h Street. Hansen stated that utilities are also assessed for required improvements. The utilities in Zone 5 will require minimum maintenance. Yearly road repair is estimated at about $400,000 or $500,000, with utility work, but the program has been reduced as the streets do not need as much work. Hansen explained the method of charging is by unit rate, not by front footage. The estimate for partial reconstruction is $1,725 and mill and overlay is $1,600 per lot. In the past, full reconstruction was $6,000. Columbia Heights does provide cost sharing for this with the City paying l 5 percent of mill and overlay and 30 percent of street reconstruction. If the improvements are ordered, we would go out for bids, have a pre-construction meeting, and then the work would be done. The levy or assessment hearing would take place in the fali. The assessment could be paid immediately or included on the property taxes over a ten year period. Nawrocki questioned sidewalk replacement. Hansen stated there would be no sidewalks added, but damaged ones will he replaced. There will not be an assessment for sidewalks. Nawrocki questioned if the City of Hilltop would pay for the street portion adjacent to their city. Hansen stated yes, they will pay their share af the cost. Nawrocki questioned what budget funds would be used. Hansen indicated fund 430, with utility work coming from their prospective fund. 1. Questions and Comments on Street Rehabilitation Projects Pau1 Eich, representing Christ Life Evangelical Church, questioned if they would still be able to park on University Service Drive on Sundays. Hansen stated that work wiil be done Mondays through Saturdays from 7:00 a.m. to 7:00 p.m. and streets will be open during construction. Peterson stated that we will ask our police department to allow parking on side streets if the area is muddy. Williams arrived at 6:37 p.m. Nawrocki stated that he drove these streets and did not see the need for this road work. He asked how we determine the need for work to be done. Hansen again explained the street evaluation process. This work is needed to keep up the maintenance of the street. Nawrocki requested a list of where the cracks are. Hansen referred to the maps distributed and pointed out the relatively limited amount of streets that need work. Nawrocki stated he could not see any serious problems on these streets. Hansen stated that you can not rely on a visual observation. Kathleen lUlulIen, 4528 4`" Street, stated that her street does not have cracks or potholes. With this econamy, residents do not need these assessrrrents. It can be extended over 10 years but then your taxes go up. Hansen explained that she has an avenue assessinent for 4~th Avenue, which is one- third of the street rate. Hansen explained the street versus avenue rate. Janet Kendall, 4516 Monroe, stated that her family is on a ftxed income and reeeived two letters. Hansen explained the two areas she received letters for. Kendall again spoke of the financial hardship this wauld cause and she daes not want another loan. She requested this project wait another year. Peterson read a letter from Donna, who stated she was unable to attend and expressed her dissatisfa~tian f~r the ~ity to cor~sider thas. Peterson questioned the map from 46`" and Monroe to Jefferson, as the residential street assessment stops shart of Jefferson. Hansen referred to the map. Peterson questioned the impact if streets ~vere only seal eoated and we pi~t off street rehab worl~. Hat~sen explair~ed the approach is to do the right thing at the right time. Once street deterioration reaches a certain point it has to be done or the street w~ll get worse quickfy. Hansen stated that we have already delayed the seal caat and can nat continue to do so. If you do not maintain roads, the maintenance costs go up. R.V. Hansen, 4842 7t" Street, suggested this decision wait until after the snow is gone and that Council members go out and physically assess the streets with the residents of each neighborhood. Fehst stated that staff does not recommend putting off this work. The condition has been assessed and if not taken care of will get worse and cause a greater eXpense. We could look to see if there are any grant funds available to assist residents with the cost. Peterson indicated his confidence in our engineer's recommendations. They have studied the situation in depth. Williams questioned when a final decision was required. Hansen stated that a delay of one month would make for a tight timeline. Peterson questioned what would be gained. Diehm explained the senior citizen deferment program and deferring payment until your house is sold. Nawrocki indicated his learned lack of confidence in engineering studies. The streets have held up fine since this study and look decent to him. He stated his understanding that it is difficult for s people to pay far this. We should not proceed with this project. However, we would get better prices from the contractors at this time. Kelzenberg stated that this is his least favorite thing to do, but this is the best time to take bids. It will cost less to do the work now, rather than wait. Williams questioned the anticipated assessinent interest rate. Hansen stated that bonding was done in 2009 with an interest rate of 5.5 percent with simple interest. Diehm stated that there is only a very smali area where work needs to be done. Peterson suggested that residents contact city staff, Councilmember I~Iawrocki, and himself if they do not think the work needs to be done so they can meet and shaw them the issues. This is the worst year ever for pot holes. Another freezing cycle would cause more extensive street damage. Maybe the Community Development Department can look for funding assistance. Mullen complimented staff on the road improvements on 44`" and 40`~' Avenues. B) Clase the Public Hearin~ Mayor Peterson clased the public hearing of the 2010 Street Rehabilitation Praject No. 1002. C) Consideration of Resalution Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2010-14, there being ample copies available to the public. Upon vote: All ayes. 1Vl~tion earriecie Motion by Kelzenberg, second by Williams, to adopt Resalutian No. 2010~14, being a resolution ardering improvements for Zone 5 Street Rehabilitation. Upon vote: Ke[zenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion earried. ADJOURNMENT Peterson adjourned the rneeting at 7:29 p.m. Patricia Muscovitz CMC City Cierk RESOLUT'ION 2010-14 BEING A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR ZONE 5 STREET REHABILITIATION CITY PROJECT 1002 WHEREAS, Resolution 2010-09 of the Columbia Heights City Council adopted the 25`h day of January, 2010, fixed a date for a Council hearing on the proposed improvement bounded by University Avenue on the west, 44`h Avenue on the south, Central Avenue/Monroe Street on the east and 48`" Avenue on the north, AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the ls` day of March, 2010, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the location and extent of such improvements is as follows: PARTIAL STREET RECONSTRUCTION 1. 4`" Street, 47`~ Avenue to 48`h Avenue 2. Washington Street, 46`~ Avenue to 47~' Avenue 3. 46`h Avenue, Jefferson Street to Monroe Street Work includes required utility reconstruction, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, reclaiming of existing street surface resulting in reclaimed aggregate base, new bituminous surfacing, sod restoration, miscellaneous construction items, and appurtenances. STREET MILL AND OVERLAY 1. Monroe Slreet, 45th Avenue to 46`~ Avenue 2. 45"' Avenue, University Avenue Service Drive to Monroe Street 3. 46`~' Avenue, University Avenue Service Drive to 7`" Street Work includes required utility reconstruction/repair, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, milling of existing street surface, new bituminous surfacing, sad restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 25`h day of January, 2010. 4. These improvements shall also be known as Project 14Q2 and PIRs: 2010-ZS-03-001 far Partial Street Recanstruction, and 2010-ZS-44-oQl far Street Mill and Overlay. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 10 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH S, 2010 The following are the minutes for the regular meeting of the City Council held at ~:00 p.m. on Monday, March 08, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERJROLL CALL/INVOCATION Associate Pastor Jeremiah Rice, Oak Hill Baptist Chureh, ~ave the Invo~~tic~n~ Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO 1VIEETING AGENDA Nawrocki re~uested to add discussion of Dave's Heating on 37t" and Johnson, the city newsletter, Hilitop and the storm sewer repa'rr, and the pedestrian bridge. He asked that items C, E, F, and G be removed fram the Consent agenda. PROCLAMATIONS, PRESEN~'ATIONS, CQG1vITION, ~UNCEMENTS GUEST~ A. Congressman Keith Ellisan - Sth ~istrict of Minnesota Congressman Ellison indicated that the Natianal Health Care debate wiil be voted on soan and requested comments. People will be required to obtain health care coverage and will not be denied because of pre-existing condition, gender, age, or regional exchange. Financial reform is a current issue to stay focused on. Ellison stated that his priority is to protect consumers and prevent bailouts. The eredit card holder bill is now in effect. He also requested comments on this. Ellison congratulated the city on the progress toward the new pedestrian bridge. Ellison stated he has i~atroduced a biil to red~ace free lunet~ elig~bility. Ellis~n i~vit~d residents to visit his office ~f they ~ome ta ~ashingt~n D.C. Peterson questioned tort reform and apening competition across state Iines. Ellison referred ta the recent health care surramit with President Qbama. (~ne tort r~form idea has beer~ inc~uded in the bi11 and removes anti-trust for the insurance campanies, which should make it more competitive. Nawrocki stated that Ellison's support for school lunch cost reduetion will be beneficial here. Nawrocki stated his belief that the credit card law is doing more harm than good. Ellison stated that the enactment date was moved up to reduce gouging of consumers. Diehm indicated appreciation for work on a reduced lunch program cost. She referred to local events for our SACA food shelf such as "Empty Bowls" and "Police Arrest Hunger". Ellison indicated that he met with Chief Nadeau today. Ellison questioned LGA loss for Columbia Heights. Fehst stated that we lost almost $900,000. The cuts are unfair for our city and if they were based on tax capacity we would only lose one-half of this a~nount. Representative Caroline Laine is working on this for us. Ellison referred to the burden this puts on property tax payers and indicated his support for LGA. Fehst stated that this balances out the tax burden. Williams questioned jab creation. Ellison indicated the bills passed and described the more ambitious job bills to come, but requires budget cuts somewhere else. Ellison stated that he has a 11 City Council Minutes Monday, March 08, 2010 Page 2 of 11 direct job creation bill to fund things like maintenance of public buildings, with Senator Franken carrying the bill. Vt~illiams asked if there is tarp money for the jobs bill. Ellison stated the money is there, but commented that currently $.42 out of a$1.00 of Federal money is now borrowed. He felt we will get all of the tarp money back. Williams gave Ellison a hundred trillion dollar bill from Zirnbabwa. Petersan thanked Congressman Fllison for attending this meeting and for his support af the pedestrian bridge. B. Columbia Heights Athletic Boosters Club - donation Sandy Bornetun, CEO of the Columbia Heights Athletic Boosters, presented the City of Columbia Heights a check for $4,000. She stated appreciation for their partnership with our athletic department. The Athletic Boosters meet the third Wednesday of the month at Murzyn Hail. Keith Windschiti, Recreation Director, thanked the Athletic Boosters for their donation. He stated that this follows a previous donation this year of $10,000. These funds make our programs more affordable fc~r ihe children of aur community. Nawrocki stated that the donation should be accepted and designated where it should go. Jim ~Ioeft, Ciry Attorney, stated tha~ the Finance Department puts a~l donations fogether for one acceptance. Peterson stated that this pragram has been in place since 1955. They are a g~-eat organization and sell pull tabs, hot dogs, etc. to raise these funds. Peterson asked that our appreciation be passed along to the Calumbia Heights Athletic Booster members. C. Food Share Month Mayor Peterson read a proclamatian designating March as Food Share month. Diehm again presented information on the "Police Arrest Hunger" fundraiser for SACA, our local food shelf. Diehm stated that it was great ta see so many peaple attend the SACA E~npty Bowis fundraiser, Peterson stated that Columbia Heights lost two outstanding citizens this week: Jim Swanson, a farmer Athletic Booster and coach and ~utch Paikawski, close friend of his and mernber ot the community. Peterson referred to the comment he makes at the end of every meeting asking peopie to "do a random act of kindness". The City of Elk River did this as a community praject and recorded 1,450 acts of kindness. Peterson asked residents to come forward and chair this activity for Calumbia Heights. The City of Spring Lake Park is becoming a"Yellow Ribbon Community" to honor service men and women coming back from Iraq and Afghanistan. Peterson also asked residents to come forward for this activity in Columbia Heights. Nawrocki indicated that Joe Matlan, former volunteer firefighter also passed on. CONSENT AGENDA City Manager Walt Fehst took Council inembers throl~gh the Consent agenda items. A. Approve minutes ofthe February 22, 2010 City Council meetin~. - removed B. Accept minutes of the Columbia Heights Boards and Commissions - removed C. Approve 2010 Board and Commission appointments - rernoved 12 City ~ouncit Minutes Monday, March 08, 2010 Page 3 af 11 D. Approve Gamblin~ Permit, Immaculate Conception Church Fun Fest, Au~ust 6-8. 2010 Motion to direct the City Manager to forward a letter to the State Charitable Gambiing Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 6-8, 2010 at 4030 Jackson Street NE, Columhia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Access and Indemnification A~reement - Twin Cities Community Land Bank - removed F. Adopt Resoiution 2010-12, being a resolution desi natin the use of sewer access credits received under the Metropolitan Council's sewer access char~e polic~ - removed G. Adoat Resolution 2010-16 awardin~ Street Striping Resolution 2010-17 awardin~ Crack Sealing and Resolution 2010-18 awarding Seal Coating - removed H. Approval af the attached 1'rst of rental housin~ licenses which have met the requirements of the Property Maintenance Code. 1VYotion to approve the items listed for rental hausing licenses far March 8, 2010. Appro~e Business License Applications 1Vlotion to approve the iterns as listed on the business license agenda for IVlarch 8, 2010 as presented. J. Approve pavment of the bills. - remaved Motion by Nawrocki, second by Diehm, to approve Consent Agenda items D, H, and 1. Upon vote: All ayes. Motion carried. E1, Approve minutes ofthe F~bruarv 22, 2010 City Council meetira~. Nawrocki stated that on Page S regarding the Ehlers conference, it was the Coinmunity I3evelopment Director that spoke at the conference. Motion by Nawrock~, second by Diehm, to apprave the minutes af the February 22, 2010 City Council meeting. Upon vote: All ayes.lWlatian carried. B. Accept minutes of the Columbia Heights Boards and Commissions Motion by Diehm, second by Kelzenberg, to accept the February 3, 2010 minutes of the Library Board. Upan vote: All ayes. Motion earried. Motion by Diehm, second by Kelzenberg, to accept the March 2, 2010 minutes of the Planning and Zoning Commission. Upon vote: All ayes. Motion earried. C. A~prove 2010 Board and Commission appointments Peterson indicated that this application process is on going. We have interviewed those residents interested. Nawrocki stated that rather than just re-appoint, residents that have indicated interest should be considered. Diehm stated that limiting terms could be discussed, as some cities have a two term limit. Those interested can cycle back on. She indicated her support of this motion. Nawrocki stated he is not suggesting term limits. People are appointed far a specific term and in fairness to others in the cornmunity, should be given the opportunity to apply. 13 City Councii Minutes Monday, March 08, 2010 Page 4 of 11 Motion by Diehm, second by Kelzenberg, to reappoint Nancy Hoium and Patricia Sowada to three year terms on the Library Board; Rob Fiorendino to a four year term on the Planning and Zoning Commission, Dan Swee, Bradley Peterson, Kenneth Henke and Bab Buboltz to two year terms on the Telecommunications Commission; Joseph Goodman and Ed Carlson to four year terms an the Traffic Cornmission; Tom Greenhalgh to a f'rve year term and David Payne and Kevin McDonald to 2 year terms on the Park and Recreation Commission. Upon vote: All ayes. Motion carried. E. Approve Access and Indemnification A~reement - Twin Cities Communitv Land Bank Fehst stated this action has unanimous approval ofthe EDA. This trust includes a housing partnership network and operates as a 501 C3 to work with banks to turn properties over and get them back in play. This would allow us to look at foreclosed property first when they come back on the market and second go to GMHIC. There would not be a real estate fee. Diehm stated there is no eost to participate in this pragram, we wc,vld have the first look at the property and avoid realtor listing fees. We are not obligated to buy any of the properties. It is a great program. Motion by Diehm, second by Williams, to approve the Aecess and Indemnification Agreement with the Twin Cities Community Land ~ank as part of the ~irst Look prograrn; further authorizing the Mayor and City Manager to enter inta an agreement for the same. Nawrocki stated that there is a$2,000 fee. Peterson stated that is more reasonable than realtor fees. Upon vote: All ayes. MoNon earried. F. Adopt Resolution 2010-12, being, a resolution desi ng atin~ the use of sewer access credits received under the Metropolitan Council's sewer access char~e policy. Fehst stated this policy is to use the credits from projects that have been removed for other sewer projects. Joe Kloiber, Assistant Finance Director, stated that the program is being phased out. When a property is demolished, a credit c~f the originai cannection charge is given back to tt~e camm~anity. This r~solution addresses hovv th~se funds will be spent. Nawrocki stated the resolution is not speci~c as to where the money will be spent. VVith the K-mart site, the TIF funds were to be used for the cost of the sewer. Fehst stated this allows the flexibility to reduce TIF to help with redeveIopment of different properties in the community. Nawrocki stated concern that only a small part of the SAC credits came from this site and the rest came from other parts of the community. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010-12, there being ample copies available to the public. Upon vote: All ayes. Motion earried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010-12, being a resolution designating the use of sewer access credits received under the Metropolitan Council's sewer access charge policy. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion earried. G. Adopt Resolution 2010-16 awardin~ Street Stripin~ Resolution 2010-17 awardin~Crack Sealin~ and Resolution 2010-18 awardin~ Seal Coating Nawrocki asked how the proposed expenditures compare to the cost assessment given at the hearing. Kathy Young, Assistant City Engineer, stated they are in line with estimates given, with 14 City Council Minutes Monday, March 08, ZO10 ~ Page 5 of 1 I seal coat at $2.50 a gallon and trap rock estimated at $.~0, coming in at $.60. Fehst stated that the unit cost was less, so the total should be less. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010-16, there being ample copies available to the public. Upon vote: All ayes. Mation carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010-16 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2010 Street Striping Project to Traffic Marking Service, Inc, based upon their low, qualified responsible bid in the amount of $14.45 per galion for Street Markings and $90.00 per gallon for Symbol Markings with an estimated cost of $4,000 to be appropriated from Fund 212-43190-4000 and $825 to be appropriated fram Fund 101-43170-4000. Upan vote: A11 ayes. Motion carried. Motion by Williams, second by Keizenberg, to waive the reading of Resoiution 2010-17, there being ampie copies available to the public. Upon vote: All ayes. Motion carried. Motion by ~Villiams, second by Kelzenberg, to adopt Resolution 2010-17 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2010 Crack Sealir~g Project to Precision Sealcoating, Ine, based upan their low, qualified responsible bid in the amount of $0.62 per lineal foot for crack sealing with an estimated cost of $9,300 to be apprapriated from Fund 212-43190-4000 and $1,300 to be appropriated from Fund 415-51001- 4000 and $4,40Q to be apprapriated from Fund 415-51101-400Q. Upan vote: All ayes. Mation ca,rried. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010-18, there being ample copies available to the publie. Upon vote: A11 ayes. Motion earried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010-18 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids fc~r the 2010 S~a1 Coating Project to Allied Blacktop Ct~mpany, based upon their 1ow, qualified responsibie bid ~n the a~nount of $2.50 per gallon of emulsion and $0.66 per square yard of aggregate with an estimated cast of $90,500 ta be appropriated from Fund 4I5-S I 00I -51$5 and $2°7,500 to be appropriated from Fund 430-46323-5185. Upon vote: Ail ayes.lVlmtion earried. J. Approve ~avment of the bills. Nawrocki referred to a past HRA incident where staff took bids and entered a contract for driveway replacement over the amount that requires council approval. Nawrocki requested in the future to receive a statement from the Manager that all the requirements of the City Charter have been met. Nawrocki deseribed the HRA incident referred to. Peterson indicated that the bill came to the HRA and they supported it, as the weather was getting cold. Staff was directed in the praper process. Peterson indicated that such a request for a statement from the City Manager should be discussed at a work session. Motion by Williams, second by Keizenberg, to approve payment of the bi(Is out of the proper funds, as listed in the attached check register covering Check Number 133774 through 133953 in the amount of $869,452.78. Diehm indicated this was procedural and was addressed at the HRA. They asked legal council for a legal opinion and staff was directed to not do this again. We addressed the issue. She stated that she does not want a written statement from the Manager as she expects everything to comply with the 1aws. Asking for this specifically almost indicates that anything else can be outside of 15 City Council Minutes Monday, March 08, 2010 Page 6 of 11 that. Fehst stated that the Auditor will comment on this. Staff handled this inappropriately, but this was an emergency situation that needed to be done before winter. It wili not happen again. Nawrocki stated that a special meeting could have been called. Fehst stated that the issue was brought up at the meeting prior to the work being done and staff assumed, incorrectly, to go ahead with the work. Upon vote: All ayes. Motion carried. Peterson invited Malcolm Watson to come forward with his announcernent. Malcolm Watson, 1~17 49`" Avenue NE, stated that the Old Log Theater will have Carmel Quinn there on March 16 and 17t". Watson referred to his tenure as City Manager of Columbia Heights. Williams asked Watson for more information about the years he was City Manager. Watson stated that he was the Colurnbia Heights City Manager from 1951 to 1977 and relayed some stories of that time period. PUBLIC HEA~RIl~TGS - nane a~~~~ ~o~a c~~saDE~~ao~ A. Other Ordinances and Resolutions lst Readin~ of 4rdinance 157_6, bein~ a Zonin~ Amendment as it relates to setbacks in the R-3 District. Jeff Sargent, City Planner, stated our current code is restrictive on setbacka in the R-3 district. This change would bring single and two family homes in line with other districts. Sargent described the recomrnended setback changes. Nawrocki questioned the reason for the change. Sargent stated that there are 469 properties in this zone for single and two family and 315 of these would be considered unbuildable under the current code because of their lat siz~. Dwayne Morrell, 4212 Reservoir Boulevard, questioned if the five foot side yard setback would restrict fencing ar landscaping. Peterson stated he is in an R2 district and his side yard set baek is five feet, as it is for i~ost residential lots i~ Cotumbia Heights. Motian by Kelzenberg, secand by Diehm, to waive the reading of Ordinance Na. 1576, being ample capies avaiiable to the pubiic. Upon vote: Ail ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to set the second reading of Ordinance No. 1576, for Monday, March 22, 2010, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. lst Readin~ of Ordinance 1577, being a Zoning Ainendment as it relates to Planning Fees. Sargent presented the recornmendation to revert our planning fees back to a flat rate system. Currently fees are charged on an escrow basis which creates a significant amount of work in reimbursements. Most plans are straight forward and a flat fee would work better. The City would still have the right ta require escrow for additional fees. Nawrocki questioned how much we have returned in escrowed funds and does this mean we are now just keeping those funds. Fehst stated this would reduce the cost and the amount of administrative work required. Escrows would still be required from developers. 16 City Council Minutes Monday, March 08, 2010 Page 7 of 11 Diehm stated that she is in favor of the flat fee. This allows residents to know the basic cost of services. Nawrocki disagreed. Fehst stated that basic items can be averaged. Nawrocki questioned if the extra money will go back to the applicant and statcd there will stili be escrows for subdivisians. Diehm indicated that we are obligated to only charge an arnount that covers the actual cost. Fehst stated that this is the way it was done until only a couple of years ago and there are savings to the residents in each of these areas. Diehm explained the process again. Fehst indicated the reduction of fees using this method. Nawrocki requested better infonnation on our present experience. Sargent used an example of the yearly interim use permit request by Linder's Greenhouse, which requires less staff time than plat subdivisions. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 15'77, being ample copies available to the publ'rc. Upon vote: Atl ayes. Motion earried. Mation by Kelzenberg, second by Williams, to set the second reading of Ordinance No. I577, for Monday, March 22, 2010, at approximately 7:00 p.m. in the City Councif Chambers. Upon vote: All ayes. Motion earried. Peterson indicated that this Ordinance has unanimous approval of the Planning and Zoning Cominissian. B. Bid Considerations - none C. Other Business Peterson stated that we are looking into parking issiies at Dave's Heating. Fehst stated that pictures of the property have been sent to Council members. Fehst stated his belief that parking on the right-of-way of this property was grandfathered in. Nawrocki stated it has never been this bad. The property line is two feet off of the building. They have dumpsters hanging over the curb. Fehst stated that this issue was brotaght to staff by the Mayor and will be addressed, as will the unlicensed vehicle. Nawroeki indicated the need far the next city newsletter to addr~ss the date chang~ of the Primary Election and the Jainboree. The publication date should be moved up. It keeps coming out later and later. ST T PORTS Report of the City Manager Nawrocki questioned if the City of Hilltop wilI participate in paying far the sewer project. Fehst stated that staff would address this subject. Nawrocki stated he received the pedestrian bridge bids and there are over 100 separate items on the bid. Why are there so many items? Peterson stated the items are broken out, but there will be one total bid amount for the bridge. Fehst indicated that this is not unusual and that the State will be involved in the bid letting. Nawrocki stated he is looking for the total estimate cost for the bridge. Fehst stated it is about $2,000,000 and came in about $500,000 under the estimate. That does not inean that all things needed are included at this time. Fehst listed funds received for this project. Fehst stated that bids will be back before the Council in mid-March and sugges~ed council i~neet with the Publ'rc Works Director to have any questions answered. Nawrocki questioned if all of these items are needed or if some can be eliminated. Discussion turned to the Public Safety Building. Peterson ended the discussion. Nawrocki indicated that he had additional items for discussion. Peterson indicated that items added ~~ Cit~ Council Minutes Monday, March 08, 2010 Page 8 of ll need approval of all Council members or should be given to the City Clerk for consideration to add them to the agenda. Nawrocki indicated that Council Corner was removed by the Mayor. Diehm said Nawrocki wants additional discussion, but other Council members are at a disadvantage as he comes with prepared comments and others not prepared to respond or given time to respond. Nawrocki indicated that any regular meeting has a new business item. Nawrocki commented on his attendance at the Twin Cities North Chamber meeting where the State Demagrapher gave a good presentation. He had information available to share. Nawrocki referred to his attendance at the North Star Corridor development committee and read a statement regarding upcoming changes. Nawrocki again raised the issue of staff attending the Ehlers conference. He did receive the manual distrib~rted at th~ canference. Nawracki stated th~t he persc~naliy did not believe this was worth the cost. Diehm clarified that his cost reference was to staff time, not the cost of the conference. Nawrocki referred to payments to Ehlers over the last several years and indicated that we should go out for bids for this service. Fehst disagreed. Discussion continued on the value of staff training and training Caunci( member Nawracki has partic'rpated in. Nawrocki indicated that he shares information received. Nawrocki referred to the resident request to look at the Googl~ sua~vey and the requzst from a resident asking that more city business be available on cable T.V. Motion by Kelzenberg to adjourn the meeting. Diehm indicated that residents present ta speak under Citizens Forum should have the right to address the City Council. Motion withdrawn by Kelzenberg. Nawrocki stated that the cable company reduced service, but not the fees. Motion by Diehm to move on to Citizens Forum. Second by Kelzenberg. Upon vote: All ayes. l~oti~n carri~. Report af the City Attorney - nothing to report CITIZENS FOR Donna Schmitt, 4260 Tyler Street NE, stated a citizen questioned her about the street improvement costs. Kathy Young, Assistant City Engineer, stated that result is typically discussed at the last meeting u~ April or beginning of May. Schinitt stated ihat another citizen asked if it is City protocol to check for smoke detectors and carbon monoxide detectors when signing off on a building permit. Jim Hoeft, City Attorney, stated that any time a violation of the building code is viewed, staff has the authority to take the first step to resolve the issue, even if unrelated to the inspection. The proper practice is to let the homeowner know there is an issue that needs to be addressed and the building official will follow up as he has time to do so. Dwayne Morrell, 4212 Reservoir Boulevard, commented on the proposed K-Mart development and stated that we need a cammitment to the entire project. Also, the area is too co~npacted. Morrell referred to his initial suggestion for the area to include cul-de-sacs. Morrell suggested clean up of the west side of 39t" and Central. Morrell took issue with AutoWorld parking on Reservoir Boulevard for their car events. Fehst stated that this only occurs a couple of times a year and we try to work with 18 City Council Minutes Monday, March 08, 2010 Page 9 of 11 businesses, not run the~n out of town. Andy Smoka, 1206 Khyber Lane, stated that he attended the Planning and Zoning meeting regarding Grand Central Lofts and was embarrassed to see the Chairperson lose her temper and treat a citizen as she did. Smoka indicated he would like an application to become a member of the Planning and Zoning Commission. Fehst stated that the Chair did a good jab, all things considered. Peterson announced the upcoming Heights Idol events. Peterson stated: Don't torget our service men and woman that are risking their lives for us every day. Keep them in your thoughts and prayers. Don't take ourselves too seriously, enjoy life, and laok at the good things. We have a good comrnunity and wilt keep working at it. Our time on earth is too brief. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the m~eting at 9:43 p.m. Patricia Muscovitz CM~ City Clerk RESOLIJTION NO. 2010-12 DESIGNATE THE USE OF SEWER ACCESS CREDITS RECEIVED UNDER THE METROPOLITAN COLNCIL'S SEWER ACCESS CHARGE POLICY WNEREAS, for purposes of the sewer access charge (SAC) imposed by the Metropolitan Council, the City of Columbia Heights acts as a fiscal agent betweei~ the Metropolitan Council's E~vironmental Serviees division (MCES} and redevelopment projects within the City; and WHEREAS, under the SAC policies of MCES, credit for a sanitary sewer connection demotished within the City can, in certain cases, be utilized by the developer of a subsequent praject at the same site; and WHEREAS, under the SAC policies of`MCES, credit for a sanitary sewer connection demo(ished within the City cannat, in certain cases, be utilized by a developer af a subsequent project at the same site, and instead the economic benefit of that credit falls to the City; and WHEREAS, due to in increase in redevelopment within the City in recent years, the total economic benefits of such SAC credits within the City have grown in significance compared to prior periods; and WHEREAS, in view of these facts, the City Council finds it desirable to establish a fonnal policy for the aspects of these SAC credits that are under the control of the City, BE 1T HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the City of Columbia Heights designates such SAC credits and any resulting revenues for the following uses: l. As a general practice, SAC credits generated at a given site will be made available for redevelopment project(s) at the same site, to the extent they can be utilized by the redevelopment. However, this is not a binding commitment on the part of the Ciry to any future redevelopment or developer. Any such SAC~ credit is subject to all of same negotiations and approvals as any other element of a development agreement. In no case will the SAC credits be made available to a developer for a period of time beyond which they expire under MCES policies. 2. SAC credits that have been converted to cash, with no associated obligation, are desi~nated for improvements to the ~ity's sewer system as required for redevelopment. 3e In the event that a new or increased sanitary sewer use is required for a City faciliry, to the extent that unobligated non- cash SAC credits are available, they should be applied to the SAC imposed by MCES on that City use. 19 City Council Minutes Monday, March 08, 2010 Page 10 of 11 RESOLIJTION 2010-16 RESOLUTION ACCEPTING B1D AND AWARDING CONTRACT FOR 2010 STREET MAINTENANCE, STREET STRIPING PROJECT TO TRAFFIC MARKING SERVICE, INC. WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2010 Traffic Markings, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Arnount Traffic Marking Service, Inc. $ 131,404.25 AAA Striping Service Co. $ 143,555.00 Fahrner Asphalt Sealers, LLC $ 159,452.65 WHEREAS, it appears that Traffic Marking Service, Inc. of Maple Lake, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby autharized to enter into a contract with Traffic Marking Service, Inc. on behalf of the City of Columbia Heights for 2010 Street Striping, according ta the specifications for said project and accepting Traffic Markings Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Pawers Agreement and the Bid I~ocuments. 3. City Street Striping Projeef shall be funded with 85% State Aid maintenance funds and 15% general funds. ItESOLUTIOItT 2010-17 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET MAINTENANCE, CRACK SEALING PROJECT TO PRECISION SEALCOATING, INC. WHEREAS, the City Councit of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsibie bidder, and WHEREAS, pursuant to an advertisement for bids for 2010 Crack Seating, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Comp~ny Amount Precision Sealcoating, Ine. $ 165,897.00 Fahrner Asphalt Sealers, LLC $ 173,814.00 American Pavement Solutions $ 179,280.00 Asphalt Surface Technalogies ~'arp. $ 1$7,465.20 Allied BlackCop Co. $ 219,840.00 WHEREAS, it appears that Precision Sealcoating, Inc. of Princeton, Wisconsin is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Precision Sealcoating, lnc. on behalf of the City of Columbia Heights for 2010 Crack Sealing, according to the specifications for said project and accepting Crack Sealing Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with 65% State Aid maintenance funds and 35% project funds. RESOLUTION 2010-18 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement witl~ the City af C~oori Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2010 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: 20 City Council Minutes Monday, March 08, 2010 Page 11 of 11 Base Bid Amount Alternate Bid Amount Company (Tra~ Rockl Granite Allied Blacktop Go. $ 1,368,131.09 $ 1,120,69933 Fahrner Asphalt Sealers, LLC $ 1,478,00739 $ 1,422,517.13 Asphalt Surface Technologies Corp. $ 1,502,474.95 $ 1,260,053.85 Pearson Brothers, Ina $ 1,503,966.82 $ 1,261,979.50 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW TI~EREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City af Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2010 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the tenns of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coat Project shall be funded with 75% assessments and 25% infrastructure fund. 21 CITY COUNCIL LETTER Meeting of: 3/22/ 10 AGENDA SEGTION: CONSENT AGENDA ORIGINATING DEPARTMENT' ~'~' MANAGER NO: PUBLIC WORKS • ITEM: ADOPT RESOLUTION 2010-19 BEING A BY: K. Hansen gy; RESOLUTION APPROVING PLANS AND SPECIFICATIONS DATE: 3/17/] 0 1~AT~+; AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2010 STREET REHABILITATION PROJECTS, ZONE ~, CITY PROJECT NO. 1002 Background: A Public hnprovement Hearing for the 2010 Zone 5 Street Rehabilitation Projects was held on March 1, 2010. The City Council ardered improvements for Partial Street Recanstruction on 4`h Street fram 47`h Avenue to 48`h Avenue, Washington Street from 46`h Avenue to 47`h Avenue, and 46th Avenue from Jefferson Street to 1`vlonrae Street; Miii and dverlay on Monroe Street fram 45th Avenue to 46`h Avenue, 45`h Avenue from University Avenue Service Drive to Monroe Street, and 46`h Avenue from University Avenue Service Drive to 7`h Street. An~lysas/Conclaasio~s ~ The proposed water main, sanitary and storm sewer construction remain essentially unchanged from fhe work presented at the Public Improvement Nearing. Overall, the candition of the water main and sanitary sewer piping is acceptabie with corrective repairs needed on sections of sanitary sewer pipe and manholes. Work on catch basins and pipe within the constructian area will be conducted where recommended based upon field inspections. The proposed funding for this work is as follows: Water Construction Fund $ 30,000 Sanitary Sewer Construction Fund $ 9Q,000 Stor~n Sewer Construction Fund $ 55,000 Fina} pians and specifications far the Street Rehabilitation I~nprovements, including utilities, are complete. The bid ~pening is scheduled for May 4, 2010 with City Council award on May 10, 2010. Recommended Motion: Move ta waive the reading of Resolution 2010-14, there being ample capies available to the public. Recommended Motion: Move to adopt Resolution 2010-19 being a resolution approving Plans and Specifications and ordering Advertisement for Bids for 2010 Street Rehabilitation Projects, Zone 5, City Project Number 1002. Attachment: Resolution 2010-19 COUNCII. ACTION: 22 RESOLUTION 2010-19 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2010 STREET REIiABILITATION PROJECTS, ZONE 5, CITY PROJECT NUlVIBER 1002 WHEREAS, pursuant to a resolution passed by the Council on March 1, 20] 0, the City Engineer has ~repared plans and specifications for Partial Street Reconstruction on 4th Street from 47th Avenue to 48`" Avenue, Washington Street from 46th Avenue to 47ih Avenue, and 46th Avenue from Jefferson Street to Monroe Street; Mill and Overlay on Monroe Street from 45t" Avenue to 46~' Avenue, 45th Avenue from University Avenue Service Drive to Monroe Street, and 46tn Avenue from University Avenue Service Drive to 7r~ Street; NOW THEREFORE, BE TT RESOLVED BY T~iE COUNCIL OF THE CITY OF COL IA HEIGHT5, MIINlYESO'I'A 1. 5uch plans and specifcatians identifted as 2Q10 Street Rehabilitati~n, Zone 5, City Project Nu~nber 1002 are hereby appraved. The City Clerk shall prepare and cause to be inserted in the officia~ paper and in a trade joternal an advertisement far bids upon rnaking af such irnprovernent under such appraved plans and specificatians. The advertisement shatl be published a minimuin af three weeks prior to the bid opening, shall specify the work to be done, shali state that bids wil l be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, May 4, 2010 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, May 10, 2010 in the Council Chamber. Any bidder whose responsibility is questiQ~ed during consideratian €~fthe bid wi~l be given an €~ppc~rttzni~ tc~ ~ddress the council on the issu~ of respansibility. Na bicls vv'rtP be considered unIess seated and filed with the clert~ and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amaunt of such bid. Passed this 22°d day of March 2010. Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 23 CITY COUNCIL LETTER Meeting of: 3/22/10 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTME1~lT` CITY MANAGER PUBLIC WORKS 1TEM: ADOPT RESOLtTTION 2010-20 BEING A BY: Kevin Hansen BY: RESOLUTION DGCLnRING THE OFFICIAL INTENT OF THE DATE: 3/17/10 DATE: CITY OF COLUMBtA HEIGHTS TO BOND FOR ZONE 5 STREET REHABtLITATION PROJECTS, CITY PROJECT 1002 Background: At the improvement hearing on March 1, 2010, the Council ordered the improvement of Zone 5 Street Rehabilitation projects. Plans and speeificatians have been campteted by staff. To pravide adequafe project iunding, it is passible that bonding will be utilized to cover projects over a 2 to 3-year cycle. Bonds for street rehabilitation projects were most recently issued in 1999, 2003, 2006 and 2Q09. AnalysislCancl~asians r C~rrentty, cash available to fund the construction from city inter-fund bans is limited. For this reason, there is the patential for bonding for the 2010 Street Improvement Program. Combining this with the fact that bonding rates are at their lc~west point in years makes bond'rng a very v'rable financing aption. To keep the potential bonding alternative open, tlle Council should approve a resolution declaring the intent ta bond. This was done for the Zone S~reet Rehabilitatian construction prajects since 199$. It should be noted that the resolution does not commit the Citv to bonding or the dollar amount stated, but keeps the option for boriding open in the future, up to the dollar amount specified. R~eeoamaa~emde:~l 1l~o~aon: Move to waive the r~ading of Resolution 2010-20, there being a~nple c~pies avaiiable to the public. Reeomme nded Mation: Move to adopt Resolutian 2010-20, being a resolution declaring the official intent of the City of Columbia HeighYs ta Bond for Zone 5 Street IZehabilitation 1'rojects, City Praject l OQ2. Attachments: Resolution 2010-20 COUNCIG ACTION: 24 RESOLUTION 2010-20 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIlVIBURSE CERTAIN EXPENDTTURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be nat be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed terr-porarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COL IA IiEIG S AS FOLLOWS: 1. The City reasonabiy intends to make expenditures for Project No. 1002 consisting of Zone 5 Street Rehabilitation and reasonably intends ta reimburse itself for such expenditures from the proceeds of debt t~ be issued by the City in one or more ser'res in the maximum principal amount of $200,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Passed this 22"d day of March, 2010. Offered by: Seconded by: Roli Call: CITY (7F COLLIMBIA HEIGHTS By Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 25 CITY COUNCIL LETTER Meeting of: 3/22/10 AGENDA SECTTON: CONSENT ORIGINATING DEPARTMENT• ~Tl' M~AGER NO: PUBLIC WORKS • ITF.IVL• RF,SOLUTION 2010-23 AUTHORIZING BY: K. Hansen BY: APPLICATION TO TI-IE MNDNR FOR A LOCAL TRAIL DATE: 3/18/10 DATE: GRANT Background: In 2010 the Minnesota Department of Natural Rzsour~es will resume its iocal initiatives and have grant pragratns avaiiabie, barring further funding cuts. As part of the DNR application requirements, the DNR requires that city's applying for grants provide a resolution supporting the application and naming an authorized official to act on the city's behalf. The same resolution for grant applications was approved by the council in 1999, 2000 and 2001 and was not placed on a work sessi~n by staff, cansidering it ro~tine in nature. Analysis/Conclusf ons: The attached resolution pravides for the City to submit for such funding and specifically names the Director of Public VVorks as the primary contact for the program. After review by the City Public Works deparhnent, it is prc~posed t~ submit applications for the foliawing projects: ~s HART BOULEVARD BETWEEN 37TH AND 39'~" AVENUES, AND ~ TRAIL CONNECTION BETWEEN SILVER LAKE BEACH AND SILVERWOOD PARK The grant eligible projects were developed from the 2010 Zone 5 work and 2009 Park and Recreation Commission efforts with the 7firee Rivers Park District. All grants are matching, in that 50% of the eligible costs, up to the individual program maximum grant amaur~t, may 6e reimh~arsed. The eity's share of tl;e ~natching grant ~an~ing v~6uid be a ccrmt~ination af Beveloper cantributions, Park Dev~loprrdent Funds and in-kind services (where possibie} by Public Works persc~nnei. CC3 NDED M ON: Move ta waive the reading of Resolution No. 20I0-23, there being ample copies available to the pubiic. RECOMMENDED MOTION: Move to adopt Resolution No. 2010-23 being a Resolution authorizing the Public Warks Directar ta submit an applicatian to the Department of Natural Resources Lacal Trail Pragram for eligible funds for trail improvements and designating the Director af Public Works as the primary contact for the program. KH:kh Attachments: Resolution 2010-23 COUNCII, ACTION: 26 RE50LUTION 2010-23 RE50LUTION SUPPORTIl~iG GRANT APPLICATION AND ACCEPTANCE TO DEVELOP THE PROPO5ED TRAIL PROJECT WHEREAS, the City Council of Columhia Heights supports the grant applicatian made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct two trail segments of approximately 1,200 feet of paved trail for: Silver Lake Beach connecting to the Three Rivers Park District Silverwood Park; and the Hart Boulevard trail from 37"' Avenue to 39`'' Avenue along the west side of Hart Boulevard, and WHEREAS, the City of Columbia Heights recognizes the fifly (SO) percent match requirement for the Local Trail Connections Program, and has secured matching funds NOW, THEREFORE, BE IT RESOLVED, if the City of Calumbia Heights is awarded a grant by the Minnesata Departtnent of Nat~iral Resaurces, the City af Caliunbia Heights agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for th~ above-referenced praject. The City of Columbia Heights will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE TT FITRTHEIt RESOL~EID, the City Council of the City of Calumbia Heights names the f scal agent for the City of Columbia Heights for this project as: William Elrite Finance Director City of Columbia Heights 590 40t'' Avenue NE Colurnbia Heights, MN 55421 ~~ ~' F'UItT~i2 ~~OLVEi~, the Ci~y of Columbia l~eights hereby assures the above txaiis wiil E~e maintair~ed f~r a p~riad of no less than 20 years. NOW THEREFQRE BE IT RE5l7LVED that the Director of Public Warks is hereby autharized t~ apply for and execute such agreements as are necessary to implement those projects receiving DNR Local Trail Connection Grant Funding on behalf of the City. Passed this 22°`' day of March, 2010. Offered by: Seconded by: Roll Cail: CITY OF COLUMBIA HEIGHTS By Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 27 Y ~f ~ ` 4 ,. ~`.~ SIL1/Ef~W~^D ~ . --,~ J ~ a~ , ~, _, .~._.~~ ~ K m S . . ~ V~-. ' 4a . . . • ~ ~~ \ s ----- ~ , '` :. I ~ ~ J~ \ `~ ~i' ` ~ ° ~~` 1+~~.. ~` ~ S I! V E R L A K E ~ ``~ ~-, _~. ~_ _,,~., ~`"r"'.==-.~' , "_.::. ` ~ BEACH o= ~ ~` ~~ Pf~~POSED TRAI~ PR~P~SED TRAIL. & SH~RE~I~IE IMPR~`~/EME~TS 28 crrY coulvcu. ~~R Meeting of: March 22, 20 t 0 AGENDA SECTION: CONSENT ORIGINATING DEPART11g,'NT' ~ry MArJAGER NO: PUBLIC WORKS • ITEIVL• CAPITAL EQt1IPMENT REPLACEMENT OF tJNIT BY: K. Hansen BY: #409: 199? CHEVROLETCIS CARGO VAN DATE: 3/16/]0 DATE: Background: Unit #409 is a Chevrolet C15 cargo van purchased in 1991 for $11,300 with a projected tife expectancy of 15 years. This vehicle is p~wered by a gas engine and has a recorded mileage of just over 30,000. It is use~ priinarily far transporting engineering survey staff and materials to their job sites. Vehicle maintenance and repair records indicate that $9,387 has been spent on unit #409 since January 1, 2000, which is as far baek as the electronic history is availab[e. The Shop Supervisor has rated the overail eondition of this vehic(e as fair to poor. The engine is srr~oking and buming c~i! (age). T'~e 2010 Engineering Capital Equipment Budget has allacated $20,000 for the replacement of Unit #409. Analysis/Conciusions: Public Works staff has carefitlly reviewed past, current and prajected use of Unit #409. A summary of the review is as follows: Unit #kA09 will be continuing its 1 g`" year of operation in 2010 and the body is in at best fair condition, and the engine and drive train fair to poor. The 2010 auction value is in the range of $500 to $800, as-is. Due to its low value, staff recommends its summer use be designated for transporting seasanal staff and toals to and from work sites, such as for field reconnaissance of infrastructure. Staff recommends that the van then 6e used in the winter by the Utility Department to store, haul and keep pumps warm that are needed to repair water main breaks. The en~ineering vart is a primary vehicle used by the engineei~ng technicians when dley are s~tveyi~~g at~d inspe~ti~~g canstructial~ prajects. The vehicle needs to be reliable and be able to safely store and carry all of the expensive surveying equipment in an arganized manner to keep them safe, dry and in goad working condition. StafFrecommends replacing Unit #409 with one (1) new Ford E150 Cargo Van from the State of Minnesota Purchasing Contract, with contract pricing as follows. Van Contract price Elk River Ford Dodge Jeep $18,098(plus sales tax and license) Recommended Motion: Move to authorize the replacement of Unit ~409 and purchase under the State of Minnesota Purchasing Contract one (1) new Ford E 150 cargo van from Elk River Ford Dodge Jeep in the amount of $18,098 plus sales tax and license. Funding shall be from the Engineering Capital Ec~uipment Replacement Fund 431- 43100-5150. COUNCII, ACTION: 29 CITY COUNCIL LETTER Meeting of March 2?, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANA~~R NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: March 16, 2010 DATE: Request approval of the attached Iist of rental housing apptications, in that they have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing lieense applieations for March 22, 2010. COUNCIL ACTION: 30 ,~~ ~ ~- ~ ~ ~, ~ ~ ~~ ~~ ~~~ ~ ~ ~ ' ~ ~ ~ ~~- ~' ~ "~ ~ ~ z~ ~ ~~ ~ ~ List o£ 20].0 Rental '~ ` ~ ~ << ~ ~ ~ ~ $ f~ ~~' ;~ ~~~ ~~ '~ >~ ~~' Licenses to Approve by ~. ~,. .._ ~ ~~ n ~.~ ~~~ ~ ~ ~ ~ ~~ ~ ~,~f ~ . ~-. ~~~,~ G ~~~~~,~ ~.~~~~ ~~~~~~~ Council 825 4tstAvenue N.E. - Golumbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-815t „ 10011 5045 4TH ST NE Wiger, David F10173 901 Rice Creek Terrace $ 150.00 Fridley, MN 55432 10021 1329 41 ST AVE NE Swanson, Ray F10156 3334 40th Avenue S. $ 150.00 Minneapolis, MN 55406 10027 3854 T'f~ER ST Yesnes, Dan F1019'i P.O. Box 5032 $ 150.00 Hopkins, MN 55343 10Q45 4253 MCLEOD ST Mounds Park Investment Partnership F10168 4253 NE MCLEOD ST $ 150.00 Columbia Heights, MN 55421 10056 1d02 GOULD AVE R1E Koolmo, Rosafyn F10207 2755 Holly St So $ 150.00 Cambridge, MN 55008 10071 672 48TH AVE NE Cities Home Rentals F10111 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 10Q86 3~Q7 MAIN ~T 1~~ Halle~kson, Jamie F1C~'!57 1327 Ingerson RD $ 150.00 Arden Hilis, MN 55112 1009~ 4300 J~FFERS~N ST NE Tiesi, Williarr~ F9533 520 Wagner Creek Road $ 150.00 Talent, OR 97540 10098 4300 JEFFERSON ST NE Tiesi, William F10211 520 Wagner Creek Road $ 150.00 Talent, OR 97540 10238 3916 2ND ST NE Gallagher, Jose F10178 9803 Bristol Square Lane #204 $ 150.00 Bethesda, MD 20814 12016 4700 JEFFERSON ST NE Nixon, Jean F10190 4700 Jefferson Street $ 150.00 Columbia Heights, MN 55421 03/16/2010 10:02 Page 1 31 ; ~ -~., ~ ,:; ~ ~ : ~'~ '~ra,~~ ~ vy.s- ~.~... ..:: ~..~s . ~ ~~ .w ~ ~ ~~ .~.~~~„2.~~ ~ :~ ~.~~~~ ~~. ~_ ~ .. ~~ L3st of 2010 Rental , fa ~ 4 ~ ~~` <.~~~~'"'~~~ ~~~~"~'~ ~ ~~ N ~~~ L1CEII3e3 t0 Approve by ~ ~ ~ . r ~ ~' ~, r~~~ ~~~~~ `.s.: ~~~~ ~ Couneil ,~r ~ x <n 825 41st Avenue N.E. - Columbia ~ieights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 12020 4145 5TH ST NE Martin, Terry F10206 4145 5th Street N.E. $ 150.00 Columbia Heights, MN 55421 12030 615 51ST AVE NE Waletski, Jessica F10015 PO Box 32168 $ 150.00 Fridley, MN 55432 20014 666 47 112 AVE iVE Toussi, Farrokh F10153 3060 Poppler LN $ 150.00 Eagan, MN 55121 20018-f~C~18 42ND Ai/E NE Amani, Imafidon F1d196 8607 Tessman Circle N $ 150.00 Brooklyn Park, MN 55445 20023 3830 3R[7 ST ~fE Tollefsrud, Everett F10215 3830 3RD ST NE 3832 3rd Street $ 150.00 Columbia Heights, MN 55421 20032 4724 6TH ST NE Vanderheyden, Michael F10025 8400 Adair Avenue $ 150.00 Brooklyn Park, MN 55443 2C}~J48 1307 C!RCLE TERRl~CE B~VC? !~E Vllanless, Flatcher F1~204 5832 Lincoln Dr. Box 286 STE #286 $ 150.OQ Edina, MN 55435 20124 1005 50~"H AVE ~IE Olson, Dean F10189 1775 15th Avenue N.W. $ 150.00 tVew Brighton, MN 55112 20148 4512 WASHINGTON ST Clark, Harold F10187 562 38th Avenue N.E. $ 150.00 Columbia Heights, MN 55421 20159 4622 7TH ST NE Gebhardt, Rick F10169 3415 Stinson Bivd $ 150.00 St. Anthony, MN 55418 20295 4612 PO~K ST NE Aucaquizhpi, Lisa F10117 4612 POLK ST NE Up/Down $ 150.00 Columbia Heights, MN 55421 03/16/2010 1Q:02 Page 2 32 -~ , ~ ~ ~:;~ ; ~~ ~ ~ ~ ~~~ { ~,~ r ~ ~~ ~ ~` ~ ~ ` 1" ~ - w.~ , ~ ~ ~ ~ ~ ~ ~" ~~ '~~ s ~ ~ ~~ ~' ` ~``~ ~ ~ ~ ~~ ~ <~ v~~~~~ ~~~~. ..,~,.~~~~ ~o-=~ 825 41stAvenu e N.E. - Columbia Heights, MN 55421 - Ph: 763-?06-8156 - Fax: 763-7~6-8151 20426 4154 2ND ST NE Buchanan, Terry 951 Hillwind Road Fridley, MN 55432 30025 3948 5TH ST NE 30040 965 40TH RVE NE 30054 950 47l"H AVE NE 30073 3923 LC30KOt1T PL Miller, Lawerence 1095 Polk Circle Co(umbia Heights, MN 55421 Common Bond 965 40TH AVE NE Columbia Heights, MN 55421 Trisko, Frank 1907 Dupont Avenue S. Minneapolis, MN 55403 Longfeflow i~roperties 13033 Ridgedale Dr. Suite #167 Minnetonka, MN 55305 List of 2010 Rental Lic~nses to Apprave ~y Council F10160 $ 150.00 F10180 $ 211.00 F10265 $1802.00 F10195 $ 248.Od F10179 $ 248.00 30099 1045 PETERS PL TSK Properties, LLC F10159 2641 Ashley Terrace $ 188.00 New Brighton, MN 55112 03/16/2010 10:02 Page 3 33 CITY COUNCIL LETTER Meetins~ nf~ March ~~ ~n~n AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER N~: i,icense ~epar~ment !-'iPt~RvvAL ITEM: L,icense Agenda BY: Shelley Hanson DATE: NO: DATE: March 16, 2010 BY: BACKGRt3UND/ANALYSIS Attached is the business license agenda for the March 22, 2010 Council meeting. This agenda consists ~f applications for 201 Q Coratraetor licenses aa~d a Cagar~tte License for a new b~~siness. At the top af the license agenda you will natice a phrase stating *Signed Waiver Farrn Accompanied Application. This means that the data privacy form has been submitted as required. If not subm'rtted, certain information cannot be released to the puhlic. RECOMMENDED MOTION: Move to approve the items as listed on Che business license agenda for March 22, 2010 as presented. COUNCIL ACTTON: 34 TO CITY COITNCIL March 22, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Twin City Mechanical Inc 2141 108th Ln NE, Blaine $60 *Vortex ~iumbing L"LC 30~0 Centerville Rd, Little Canada $60 *Pete's Water & Sewer $00 Lowry Ave NE, Mpls $60 McKusick Bldg Services 22407 165`" St, Elk River $60 *Hinding Htg & AC 915 W 7`" St, St Paul $60 CIGARETTElTOBACCO LICENSE Pyromaniacs 4400 Central Avenue NE $300 35 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 22, 2010 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF C4LUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as tisted in the attached check register ~overing Check Number 133954 through 134187 in the amaunt of $ 1,07 t,701.15 These checks have been examined and faund to be legad charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 36 mw ~~~~~~ N ~ ~ ~ x~ ~ ~ ~~ ~ ~ H 0.', ~ ~ W W ~ ~ x~ ~ ~ o ~ ~ FC U ~ ~ H i~ ic ~ O i~ i~ ~ ~ ~ * ~ ~ t~ l0 i~ ~k # ~ OU~ ~ ~ Uy+ 1 w ~ ~i i~ ~e # # poo ~ ~ ~ a° ~ d+ ~ ~ U >+ o i.n ~ ~ ~ N H C.J C.'J ~ ~ N ~o U ~ ~ ~ ~ ~ ~ ~ « ~ ~ ~ ~ -~ o a ~ ~ z ~, k * H M ~ ~ ~ ~ ~ ~ H ,-i H ~ ~ tri `° ~ ~ ~ ~ ~ * a ~~~~~ ~~~~~~~~ a ~,s~~us~ ~~,~,~~~~~, ~~~~~~ ~~~~~ ~~~~~~~~ ~ ~ a u,~ .u u,~ u u,~ u.u u,.~ u r~ ~ * d O O O* U ~ Z ~~ tn ° ~ ~ ~' ~zzz o °; m ~ ~ U r+i •~ x ~ zzzz~ o ~ ~ o~, * * ~ x x v ~ ~ ~ ~~~c~c* o \ ~, N .t," U ~ ~ ~ W W W W~ n7 N ~.~ ~r ~ a ~ ~ ~ N .~ ~ ~ o aaaa .v a ~ ~ . . ..... ........ ~, ~ ~ . . ..... ........ ~ ~ ~~~~~~ . . ..... ........ ~ s~ ~ ~ . . ..... ........ w o ~~~~+~ . . ..... ........ w ~ ~ . . ..... ........ ~, ~~~~~~ . . ..... ........ ~ ~ ~n ~ ~ °i : : : ' : : : : : : : : : : - ul N •.-1 ri W tn ~ i~ .I-1 . . . Uj . . . . . . . . . . a~ [ti •• i~ i~ •ri . . . v . . . . . . . . . ~ ~ U1 00 # ~k • • [-~ . . . ,{-1 U1 . . . . . . . . . U . V ~ ri i~ i~ C: • ~ "Cj . . . . . . . . . N u] •~ ~ ~ O .u . . .qH . . . . . . . . r-I ~ i~ •.-1 S-I .U • • • • . . }.{ . a~ ~ ~ u o a • • ~~ . . . . v . : ai : a -° ~,o ~C ~ ~ o a ~ •~n~,~~ . . ..cs . .,~a~ ~ uv H ~ ~ N N ~~ 0 • N .u .u N . • • 1„i • • ~ .V f7.~ ~ U C uo ~ ~ a a cn o a~zsaCp ...0 ..Qrts x ~~ a ~ ~ + QS Z U a.i O W W E ... .. !a W ~ ctl W o ~ ~ cn ~ o~ rou ~ . . .~, . ~ ucna Zi N ~K ic RS H (a rl ri "Zi .U • N Ul • f-1 N`~ N Ul ta \ ~ ~ .U G Ul ~ N N~ U~I U R1 • N N N Tl ~ b' f~ co ~ + S-i O ~ .k U C C x N O•~-i ,~ •.~ ~} ~ ~ t-i A h ~ ~ * O -~ i-l 'LS U?-i ?a N U •n'~ O U,.~; U N ttS ~-I p ~ ~ ~ C2~ .t~ U q N~~~ N O G, Sa ~~~ N U q t'7 v a~ a z~ .~ o 0 0.~ ~, a~ a~ ro o a~r, ~ ~ ~Co *~~*~-~ a o r-;w ucnhhU a~Haw~xu H rx M ~~ H x LJ H Otl1 hln O ri Nd+O~ W O h OOOIfI V~O1001DOLl1 cr OOOOri l.fi l.!) t1110610t~ 00 N~ r-i V+OOOOOOD H ~ tp ~ tD t11 O O N C~ CO r-i O l0 O(!'7 O~y+ ~ O~ O M r*1 Q1 h b ~-f O O C`~ L`~ N t~ c-i LC7 (J N Ch O O~-1 O h O~-I ~D [t+ d' W W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xC7 O ~-tc*io~-+o~or~rn~nom~rmo~~oc~rnornoro~rt~~coor~mo~roinro~nrorimrin~M A~ ~ lD O N ~D (+1 ~O l0 lD ~-1 CO lp (~ tD f3~ O cr (~'1 O d~ Q~ CO tfl d+ N O ~D t.() N C` M~ N eN O N O Ql O O 01 N O L[t N a0 [~ l0 H W l~ ri N~41 r1 l0 [~ Ol 1.!) N L!1 d~ ~-I I.!) r-i N t~ N M N L~ M d~ h 01 ri n'1 L/1 '-i e-I CO h Llt ri c0 Q~ fU O M d' N~M h M h 01 61 d' d~ O 01 r! r1 (+'1 ~ 9] r-I 01 O ri ~-I ill d+ N rl a~ 0 0 U ~ i G~ GS W O V' ~ O O O O O O O O O O o O O O O O o O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O ,5+ ~fl Q rl r-I ri rl r-I rl ri r-I r-I r-i ~-i ~-I ri rl ri r-I '-i r-i ~-I r-I ri ~-i ri ri ri r-i r-i t-i ~-I r-1 r-1 r-I i-1 r-i rl ri rl ri r-I r-i ~-I ~-I r-I rl ri r-I r-I F ~l ~~.~~~r.~~.~~.~~~~~.~~~~~~~~~~.~.~~..~~.~.~~~.~~~.~~~~~.~~~~.~ r-iC7 x o00000000000000000000000000oooooar~c-rrrrr~t~r~c~c~ U U ~~a~,-i~~,-i~~,-i.-i~~~aa~~~a,-{,-a,-a~~a,-~~~~.-taa,-i,-i,-~,-iaa~~~~,-!~v~ W r.~.~~~~.~~~~~~~~~~~~~~~~.~~~~..~~~~~~~~~~~~~~~~.~~.~.~.~ ',I.~' (~'1 M M M!~'1 M M M M('~1 (`~ M M r`1 M M(~'1 (+') M f'1 M M M C} M M M M M M M rn M M M M M r+l f+1 M(+'1 M M M M M M CJ O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 o c o 0 o a o 0 0 0 0 0 0 0 o a a o o O O O O O C7 Z H ~k d' L!1 ~U C~ [6 61 O ri N M ~N tft lD I`~ W 01 O~-I N M d' L(1 l0 ('~ CO Ol O~-I N t~'i C' Ln lD L~ OJ 01 O rl N M d' Lf5 lD C~ c0 C51 O E+ ~ ~noni.ni.nu~ui~oio~o~o~o~o~oio~oiar~rrrrr-r~r~rro3moo~mwcommmmmmrnrnrnrnrnrnwrn u~ u mmrnmrnrnmrnrnmmmrnmmrnrna~moimmrnrnrnrnrnmrnrnrnrnrnrnrnmrnrnrnozrnmmrnmoo t-i W C"1 M r"1 M, M("1 M M M M M M M f`'7 M M(") r°l (*i f'l f'l r") [*7 (") c'~"1 f"/ ['0i ('1 C'1 M f'i f~i ("i M M(`"1 f~5 M f`'1 M M f°i M M M d' di ~-7 .7,` M M M M r'7 M M M(°1 t~ P~i (n Ct M M M M M M M fh M M M M M t'+i r'i f'~i M M f"t r'1 M M M M("7 M t+'~ r'~} M M('~1 (+i M:'~l tr ~~~~~~.-i~aa.-i~~~~,-{~,-~~~a~--i~~~,-~a~-s~~~~a~~~,-i,-{~-+a.-i~~,-~~~a ~~ }-1 H O C~ y ~ N -.-i O xv aHCnwu .xo ~E3Z v0 O cq E~-+H H~ OEH-av]~w-lc~ U~ 41, u~ xqH ,.a U Ha~ W 00-- [-~HHaW vo ~ waa~7H a~ HF v cncnamcn p~t-,Hu au .CN O ~IHH~C.7 F[',U 'Z'i(k p:HUjU HU W W W.Y. F[,' (Y,',~HC7] ,"'~ U\ U-'7-~ ~i 0.'~ W -~fi ~ -7.~ U~ O H R'i -~ji Zi -,7+ ~,Zi z Cn Ri 7~+ ~f'i H Cq ~ r"'-~ U] H N O mE+xC7H W cn~H Z p p,HOH W H W ZZ ~OC7r~EP+HtxO N U` H CI~ '".j.~ r.a',I' pa H[x~Q' U1 WH UU 'a HHZF3r~aocn~wH ',Zi~ ~ ZF WHFCH~ FOFCc~ OH mE+L7ZFCO W ~~~'?C W FCuI Ou~H ~-U M H (7 Q H,a pa H H',Z (J U U] ~7 ~ a,' ,~"~ H I U H H L„) 'z z W~,.a F[,' W o ~7 ~G W E~ H H F+ ~ Z Z~ E-+ ~xl U H W cn W W [~, r-i W~ tn U fx HO rzcn Ha r.Gcr~HF-+C7m . Zw HE r~G~C7~ vC7U' a ~n~w v1F-+ o FP+ W W~OE+u~?+UH~~i+ H Hcn xZ W~~i-+ pUO~HUZ~G W E+HHzu]W~+ ~U O W O W. /~.Y.a WCn W HHLYi'~lrUlU7qO~i OF-I~l-~i-~P~H(Y.HL`Ii,~CiHL.~,'~+0.'~~2iLL'~HW"~ii-~ Zi~+Ca W 0.10 W F(,'O H~~-l Ft,'H,'Z~ a;3Uh3H~Hµ'~j,7"3Cl1H W W(~j0 W HR(,' ',3`,3H'~OHL7 F~ u mav A ~c~aw~HHxaar~ z~ 3~xw wz ~C~~ah oww om~ti xu3 F N ~ hW~ W Wf~O xHqcA OE~ ~tx>+WHW W Wv1 f1, Ou~tYIbO\W WHG~ W 0.~i i-~ ~Or-aOC,7OU~H~O~,Zi~U1OY~O\ ~aHUH~O~UHO~~W H~R.' -~.~W H,~-~~~,7~H W~~ E+ O O H W~Hr.C ~~~r.~UHW Zxr.~v~~oaar+Fq p:?+30.lUNN Zr-i W t-ipaWE-+E W W ~~ ~n Q v aa~H~n~~~-+ z~a,w Hz~uQaau~ ~a aoooHHawxH~c~azcn~nQOas~ ~ z u wa~wHHUZ~ Hx ~x~ x arxH~w~a~ z~zrxrxwvwzz~CHHww~~wqw v~ ~ W r~ W r.GxHO A[qW OHr-jO Ox`~3h~C ~y+ I HHHUU W W W xH~~F I C.I U aa ~ ~ ~wwuvuvAQww~~xhhh ~ZwO~O~wu~v~vacnH~33>C~C~~c~aaaaacnH~c~~ ~ z H H U o x ~ r-i U o W zN x r+ ~ U Cs, m ~+ x x ~~ zr~ ~ o W W C1~ N E-+ x C7 H in~ooi.nor~rwor~u~~,-iincyo~rooo~.nor~orooa~r~roocvooooooino~nrn~.ow ~ ~ ~+' v~ o o w o rn~a w ur ,-~ r~ m a~ r- o in en ui ,-i rn o m,-i o 0 o rn o tf1 N 0(T Lfi L(l O 0 0 0 0 N 0 61 N t~ lt1 W W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .`T'. CJ O O l0 N Ln 61 L~ (~ N l~ O N M M CO a0 O O a0 N lfl ri O1 tfi t0 N Ol O tfl [M f~'1 ry r-1 O~D O~ ry L!7 1,!) L.f) p~ O O O 01 O Ol f~ FC u1 ~ M N O O Ol O~ t0 Lf1 r{ lD tD O CO N O.-1 d+ O N N N C~ h L!1 Ol ('7 O[~ Ot O~ N N l~ l0 O y+ N 41 V~ t.f) cM d~ OD cr t~ ~. F3~ ~ rl I~ r-i N d~ Lf1 l!l rl 1./') lD M Lf1 ~-I h rl rl d' N ri r-i (V rl r-i M rf r-I CO (V o~ li> tf7 4D N N ~ ~ ~ ~ ~ a ln W N Y' N d' ri ri ` • ~ ~ ~ t11 O d~ M a w ~ O o U ~ O o H ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 >+in q ~aa~~a~~aa~~,-~~~~a~aa~~~~~~~~~-t~a~~~~~~.-i~~~,-i~,-i~a~ N a ~~~.~~~~~~.~.~~~.~~.~~~~.~~..~ ~.~~~~.~~~~..~~.~~~~~.~~~~.~~~~~ F'i L7 '~ N N N N N N N N N N N N N N N N N N N N N N N N N tV N N N N N N N N N tV N N N N N N N N N N N U L1 N N N N N N N N N N N N N N C~t N N N C~2 N N N E'V L~3 ^I tV fll f~ C`7 !~: t`: N CV (V N C~i C~t Cd C~ N CV (V (V N C'~5 CV hi W \\~\~.\\\~.\\\\'~r~\\\ti\\'~ti~..~~.\~.\~~~\'~'~\\\\~~~.,~.\~\ .`4" M("i M M f'1 ('~1 r*1 M M M M M M M M(+t M r'~1 th M M M M M M M c'~1 M['1 c"1 M M M M M t+1 M M M M M r''f M M M M t'~ u o 0 o c o 0 o a o 0 0 0 0 0 0 0 0 o a o 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 ~ H ~k '-I N M V~ Lfi l0 L~ W Qr O ri N M cM «t l0 t~ [O 01 O ri N r+5 ~ t11 t0 C~ oJ 6~ O ~-i N(+'1 V~ tf7 lD C~ c0 6t O ri N n') [M t.f) lD h E"'~ ~+' Qv m m61Qr 610161 Q~ 000000 0000'-iri c-Ir-Irl ~-i r-I,-{ ~-{~NN NNN NN N NN Mrl M(n(+1M (*5 M Cf~ C) O O O O O O O O O ri ri ri r-f e-i ri -i ~--! c-i ~-f r~-! c-i e-1 ri rl ri rl rl '-I ~-I ri r-i ri ri r-I ri rl ~-i '-I r-i ri r-f ri ~-1 ri r-1 i-I rI F-i W 1' d' et' d' ~ d~ d~ cM cr V~ C cM ~r c+ v~ ~f+ <M °S' d' d' d~ V' V+ V~ ~~~~ cN d~ d^ Vi c1+ d~ d+ d' ~M d' V' V~ d' ~' d' d~ d' a' V~ t~ .`L'. M f`l M M M Cl M(h M M C"1 f`') M M M M!'~1 M(`'S f"1 M M f~i [~i fT'f C~i M Ci M f``I M M f*Y M M M f~Y M M f"l M M(*") M M M M C.~ ~-I r-i ri ri ri ~-I a-I ~-i r-i ri rl r-1 ~--I ri i-i rl ~-1 ~-i ri ri rl c-I r-i r-i ~-! '-1 ri ~-i rl ~-i r-I f-i ri r-~ r-I r-i ~-i ~-I ~-i e~-I r-I ri r-I ri rl ~-i ri ~a $-I H O CJ J-~ ~ ~ •r~ ~ xU .x0 ~H W ~7 HQ -7.~ yi~+ URiH QH z HH~~WH E-+U]O .7-~ •',Z.w U~ E+ U r.~ r.~~l t-i F Z 5 U w Z zO~H~ H'ZU~HOHtx N O ~ Zi H ~ W H U] R; -'7. ~ Cta H ."L'i W U~, FC 0.i U H U W .~N aL E+ OLJ 0.'~',~'i WG-~ ~W H FCO ~W-~U~ HW C.`JW •fA ~~ oz Hz ww aw~~u~ mwm wxaucnum ~ccnzz[~ ~n N cnH ~ E,H HG+cnr.~CJOcnQU WH U r~ W fs,Hr.~HH WO E-~ W HHZW~ <v cAO ~~C ZG.~l~»HHU ~ Hz •HcnC7 ZZ W U OZW ~a,'~u~lx OHZx W H~l ~ C7Z W C7CJz W W W H~ Q W HOFC>+ZL7OH FC N W u~O~H W ulO u~H W U~fx ~'~ ZW 2u:>+ NZP+aar+ UHCr~H~H z~~ oHUW WLHFCO W H W P,O>+ O H"~, I I HWqp,'L~'U]W V)WHr~~W U QHNu~W\ZiRS WZi ~Y, WU] q ~URi~HE-aFC C7H HO00 HOcnO c~aoaax~cwx~nHw' iv W x >+a ~z! ~ U ~ ~ ~as~~. ~zmaa~a~nx NZG10v1FCH Wu]UE-~HCz,W *k~U~7H W~ ~ W WH c~c40~~x EE~H y~7-~ ~C cnZcnOwOcnE-~pw2H~a L7 apr~ AOxH~~ awom HW ~l O~C~C>+~,HHHfLO H~CZa1Z W~ W FCH~ E-~HtxH~~S+H H~ ula WFC f~~~~lp~HHN Wlxr~t-iU W w Haa~azx ODE+200 W Wu]~WC*.~G.~r-+r~Z U E+ Qi-+ooH~ pc~wFCaw ~q ~a~y+c~~wo wwQaa wucnma- uc~ooa4ww~ ~ z WtxUU~OFC ~ wL7Z W Ix G,t-ra ZF~Ou~fx W C7p; W W W P:O Z2 W W cn W Cx p UW fs, HZ W v]Ou~FCcAOH W CJ C7~~Z~CQ H~HFCFQWOHUI W Z W~?C!a H O O H Z W u]6~~~Cq W O W~C ZL7(xtx~l x E-+ H>+ >+FC4Y.Hr-l ~ u~ ~~~maaoa u] C~ U ~R:~~W ~-7 W Wz ~IQC~~E+?i W W W t-{ W W>C Wp W~aWCAEHz wzzax~c~HE-~ HFC >+ Z U / W OOGLH~`.~~.' W r-i H~ZH[t,~7a~qw'W ~~lZ/4L'F-l~Hulmr.Gx[s,xx Wp:~Cr.C>CHUqz cA W FC C] cqcnE~~C~CFC~~FC HH W W x HH~7 F~ W OW HOO ~ Zu1 WOOW HW W W H W W a~ ~ ~ ~~a~a~a~c~~ma~wwuuuuvQqwwwwwc~~~~xxxxHHHhhhhxxaaaa~~~ ~ z H H U o ~ ~ ~ U ,7. N 'S' H ~ U Ga m ~ x x w~ ~ o W ~ U] M E~ x ~ `~". C7 ~a H W O ~ ~ a ~ Oo U ~ Oo ~+ u~i H ~--1 H C'J U H N O h-O ry M NQt OOOOOQI OO i.f)M O~ NU~ V~ 00 cI+00lD 00 ~}+Nr10 ('n d+l.f) O('~ O~Ln ~ NOO1c~0 7 oo~oamrn~rcvooor~omoui~oc~mw~rd+oo~inooooainao~et+r~oc~rnrrn,-{ornc.~o O to~nr~r~~r~n~y+oo~n~owou~cvocr,-a~ro~+omd+~oc.~ino<rc.~r•iooinminoioriinoowr+o ~ ~O ~-I ~-f ifl M N 61 r-1 ri O h t~ N O M ~--I 01 rl N Q1 N trl ~6 N M O~ N d+ N N~ t~ V+ rl L~ O r-I M O M cr 01 cf+ Lf1 t!1 lp N ~-1 r-1 N l~ N ~D l0 ~O r-I ~--I ~D [~ c+l M r-i N N C~ rl r-I ri N Ol N M N~-I N Ol ~-I rl r-I d+ ry M tfl y d' N N r io W H ~ Q ~ U W x U ~ ~ H ~$ H ~ ~ U r-i W a x U a~ a S-I H ov m~ ~~ o x~ xo U ~-i vo U N N N \ M 0 £ ~ ~ Q O ~~ ~ ~ ~ '~ z H H vo x Z ~ U F~ o w zN x H ~ U Cs, m a x x ~~ ~a w ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,-i ~ ~ ~ ~ ,-i ,-~ ~ ~ ,-{ ~ a ~ ~ ~ ~ ~ a ~ ~ a ,-i a a ,-i ~ ~ ~ a ~ ~ a a ~ ~ ,-~ ~ ,-r a ~ ~ ~ ~ ~ a ~ ~ ~~,~~,~~~~~~~~~~~,~~~~~~~~~~~~.~~~~~~~~~~~~~~~.~.~,~~~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N(V N N N N N(V N N N N N N N CV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N!V nl N ~.\'~.~.`~.ti.~`~`~`~.~'~'~~~r~.r~r~~.~~~`~^~.~ti`~.~.~~~~..1~.~~~'~~~~~.~r. ~"1 r'i M M M i"1 (~'/ r~7 r+) M M r"i M M M M rn M M M M M M c~'1 M M M f'1 rh M M M M M M M M M M M M M M M f'~1 M fn O O O C O O O O O O O O O O O O G O 4 O O O C7 O O O O O O O O O O O O O Q O O C O O O O O O C3 q 61 O o-I CV M ~Y' t11 t0 C~ ~7 61 O~-f N M~f' t(1 lU [`~ c0 Ol O r-I N r'~ eM Lft l0 [~ CO 01 O~-i N r~1 C t11 l0 t~ c0 Ol O r-I N t+l d' r~ rti ~r <r v~ vt ~~r ~r ~~r v~ i.n u~ i n irr ui in i n u~ r.n i.n ~a ~o io io ~o io to io w ~o r~ r~~~ r~ ~ ~ m m m o~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,-~ ~ ~,-~ ~ ~,-~ ~ ar-i ~,-~.1 ~ a ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ a ~ ~ r-f ,-~ ~ ~t+ <r c cr <r ~ ~r d+ c ~n <r ~ ~r c a+ <r w ~r <r c ~r <r ~ ~r w ~r cr <r ~r <r a~ ~~ ~3 d~ ~r ~ v~ ~ ~r <r ~ ~r ~r a< <r er <r M M M C7 M M f*t f+} M M Mt M M M M M M r+i rd7 M r'~7 (Yl M M M f'1 M M M r~l M r*1 t"1 M(*1 r*5 f+"i f1 M r+l M M M M f'1 M M rl r-i ri ri rl ri r-i ~-i .-I c-i rl ri ri ri r-i ri ~-i ri ~-1 ri ri ri c-I ~-I ri ~-f ri ri .-i r-i ~-1 r-i r-i rl ri ~-i ri r1 rl ,-i rl r-I ~-i ~-I ri r-I ri ~n E-+ v w a H~ ~ w H z z~C o zwxua ~ w ~ c~ ~ H w z a r-~ o H Q E-, H a 3 w•uCa r~ cn U~ ur~ a m cnz ~ U m~y, G1 O~ W O 2 CL H W UI ?.d ~G LJ Z u1 p.,' Z~l ~'a C1H ~l v1 ~U ~-+~ ~ U N U5 Z U r-iv~W O W!~' ~7 H W W O x E-~ O u] t-i CJ t-+ H U Z ~ W F t-i !i, ~l au ~zoc~ r~ x zr~ zc.~ H u~ ~ x~ z C~ WUH.TiE+ O OZi O ~ ZiW, Ca (~ CnHH ~C W WCx.7Fr~c~F ~~ ~C7 '-7E+2C7 S UH HC7 O HW O ~cn - cn W H~;t-+fx ~ UcqO Z>+~O~IOZ x HZ ~-7 [p 6#~ Wu] zZ~ W ~ HHf.uOU~' -7-i U H9CFCCLA,'UH f1,' ~7U1 r.~H Ul PaH ~,"W pO W-'7-~ O ~3W C4HU t-iC7 G.~O~ W W FCH HQ c~ fx2 Z L7HFH U H p,'l~G~~ F U~IHt-ar~ cqcn W OC4W ~ Hr~W Nv~r~ U ~l?~r-aOHCG ~H~QnW,uleqmOxO W ul~G r+~1 O P: W W Hri~UtiU Ov~~~-i+ tn~C~+~7Z>+ ~-+HG~U(lH W(~F+(Y~~f',HHH CLHHi-l`~S13~~ly '~a" W~,[-~ (Y,",~laF('iF+QH,2iZi H~.h. i~- U(17fY.H~-l i-~H Ltl LY+aHoNaaacno~fY.d, ~fS,CLWCn UW ~CL"3 p.'Ga W H F7a.iW0.'~H ~ l1~.Yi ~-lRi ~-7W Hwaw ooow Haz T Q ,-aZ CqFC ~C7R,Cq ,.~ H W,ax W p, cAH W W,.a G,30 HaaawFacn ~ w'~--iU~ W FC~-+G~ p W O~u~UWo7lxx W U~~-1~~~ W W r~G G~7+cqFCFCFCHR„aHH W W OWHE-~ W~ts1~C~la W- 2 W HUpW~,'t-iv]ls1P;OH lxul OOOr.GW W W W x W OqUx I~~UH'Z"Z W W HH H~.'~HF+a HW F Wls1 O~ W W IxIxP:33~~ZUqC4 HH Ht-rv~ W t-iZZH~P: R.~~ryi fxCLlx W ~ ~+00 •Ga ~j~ ~l H H H q q Z H !~ U H u~ G~ H.Yi O E+ u1 W Ga ta ~tJ W!. H O a'i a'i R'~ i-~ ~ H U1 H r.G ,a (J ~ Q W W W HHHHH",~'z,'z,E-~~Ou~u]?~G.2~~HHOCL'W'T+ a'ry".7.',T,HHE-~~~N i p', u]Ory'Wx ~~~~~~~~~~~~~~ZZ~0000 W W C.~4LP:l~;cncqcnulv~u]v~ulu~tncAHE+~~D~333 0 v ~~ E x ~ N N~~ ~ t-! ~ 40 N C~ ri W W . . . . x C7 O fn io ~o a A,' M O O Fi; Pa ~ ~O Lll L~ H (Y~ O 6~ ~-i OD r-a L~ ~ d a~ 00 ~ U ~ i Ga Ix W O o [-~ <t+ ~ o 0 0 y+ ~n ~l ,-~ ~ ,-~ H C7 '.~., N N N L1 C} N N N W ~.. \ ~. x M~M U o 0 0 C'1 ~ H H U1 H a ~a }-i H O U t~ ~ N -~ O xu ~ .`~r U W x U ~ ~ ~ ~ ~ ~ a ~ ~ ~t' d' G' ~~,m ,~~~ ~'a x o U ~-I vo ,~' N U ~ N N ~ M O ~ w H ~ ~ ~ ri ~ ~-i ~ H U O ~ ~ ~ ~ H \ w W a ~~ U ri ~G o h a ~a O~ O W ~C ~ C~ z H .'~. U W x U x x ~a ~ W w a U ~ Z O ri U ~z ~ U ~C tZ-{ H ~ ~ -O H !~ U U W FC c~aw zH~ ~~~ 3ow $ ~ N m~ N x ~ H ~ H ~ e-{ W W • x ~ O a ~a ~ r H ~o ~ ~ m ~ 0 a~ 0 0 ~ U ~ ~ O o H ~ ~ Q H a H~ x U U GI x u L7 Z H E ~ H t~ ~a S-I H O U ~+ ~ ~ -~ O xU xo U ~-I N o ,L~' N U \ N N M O ~ x U w x U ~ W fx H O ~ Q >+ ~-, u1 cn w a a~ ~ H ~c o H H Uo zN o t-+ ~ a wm w ~ x a ~~ ~ o W N ~ r O 0 0 Q W H ~ H ~ a ~ Q ~ ~ U W P.' v ~ W H~ ~a H W W r~ ~ C) W ~ ~ N ~ O ~ a ~o 00 U~ Ooo ~o cr y~ o in Haa H U C`J U ~ ~ U H V~<1+I~ O N d+01 O tf)I.f)Ocr O t.!) O MN ONr1~pNOlOOIDl.l1 L(}01 tp O I.!) ~ LI1 ltl W ri Lll h N Ln M N O N N O r-i l1'1 N~!'1 t'1 t.!) O~+ N N O d+ O O O~ lp ~-i O tf1 O ~-I ~ ~ ~+ ~ ~O ~-1 r`'1 ~-1 N lO N LfI ~-1 ri Lf) t*} N f-I Ol O~ t!1 O O cM 01 ~-i O O tn Q1 01 N O 1.f) rl W ~,' W C` N~;+C51L`-(+'Yh N MMN Cb ~+r'~ d'Nh [~ tl1c~+N~D01000 NalO h N O W O O J ~ f"7 M N~-i W ri r*1 ~t' N d+ <N 61 ri N O~ l0 I.l1 c0 l0 Ltl (n rl ~O d' a' 01 ~-I ~-I [~ US [~ [`~ . UI '~ `~.7 0.1 ~T ~q C~ r-I [`~ h N lD ~-I l0 rl tf1 ~t' f' ~-i 't.7 r-i rl x m ~ O 01 ~O L~ ~ M d' OZ h R1 h [~ H a ,~ ,~ N O Cf~ O O U Q r-I H Q rl '-i N ~ U ~ o ~o M hz ; ~ a ~ pNN~--° xa~ w N ~ w W C fI ~ Q a ~ N ~ O U H -~-i RC r~- (~ O H ~-+ H W` Z US 7 N Cil ~ l --- cn a " i ~ , -i , .~ q ~- o rx a z H J i-.~ w Z~ ~~mm ~~ Z a~~ ~ ~w~ i i 2m aw E -+E-~ 5+ m ~ZFCW qO E-~HOUZ W ~ i H WcqZ ~ ao~tx C7oZ Wr~ZHal~w i qw H rA O W q ~ i i O H W O C7 O H W G~: ~ ~ U ~-.l E~+ t-+ H z i [-~ ~~n ~ p wHr~ZCH~ ayGalWr~U~wwc~r~~HZa H[~ rEAwU ~ i ~ w G, ~txr-r W Ei~xJ~+Hlxc~ZO~W ~L>+>+p W Q~C7u~ cEnw z~ QuHi~o ov~aaw~~w°awwaHH Q QH N~ i ; ~ ~~ o~ rx x az H x ow~ w~x~ ~~~ aaw qwu~~co ~ w U] •' ~ H 1 H~ a ~J'~ZiC~LL ."~0.ir'~H~ (xO(aHHO W HH"3 "3"~iL7H W G. W F H i-~ U O O W u] C ~: ' ~ ' U~ ~ I ~~ U) a~+ w ~ F G t-~ W H f~ W O E-~ U ,Z.~ aH~~a~~nxrxw ••aa~aaa,~~~au, wv,ua aw ~ Q ~ i ~ L7 `w' ~ .. ~ ~ Q ~ca ~ ~nwa~~ ~ ~~~a x ~ ~ar~ a~~a~CwH a~~H HHH a ~ H ~ uo w c~ ~ ~ wHHHwxa~oa~a a o w Hu wa~-+cna w H~-+H ww x~ w •• ~ x ~+ ~ ~ ~n ~ r wxwE.o rx>c z~~c~wmHa wmo~cwaaaH~oaHOHZwu~rw a w w ~ v o u w~ woQHaHw~oooH~ H~FCr~r.Gr.GWHH~N~wzz~a a u~ ~ x a H~ ~ Q~ ~~wcn~na~Cm~r~~Hxc~cn~~uu~cnmaacn3uH~-,aw ~ z ~ ~ ~ a w co ~ A fa ~ ~ x x a ~ Ul \ U M ~ ~ I 1 '-I r{ d+ N l0 O ri t.f) O f-i c+1 r-I N N N N~11 O r-I c-I N[r Ol r-I d~ 1-I r1 O d~ I~ r O O O~-1 N d+ ~D ri d~ ~ d+ C~ h N O ri ri N M O O O O O F + I ~ ~ ~y [ -~ FC O LL Cta t M M~ N CO CO CO ri N N N N N N M f+i t*1 M M r'~l c"n ~' d' ~N <t' d' l0 l0 ~D l0 U) l0 l0 [~ h W CO c0 O H I W W 1 Ff, W H v CITY COUNCIL LETTER Meeting of March 22, 2010 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: March 16, 2010 DATE: NO: 2Q 1 Q-21 Revocation crf the license to operate a rental unit within the City of Columbia Heights is requested against the rential praperty at 2010-21 - 534 Huset Parkway for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of ResoIution Number 2010-21, therc being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2010-2I being a Kesotution of' the City Council of the ~ity of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Artiele IV, Section SA.408(A). COUNCIL ACTION: 44 RESOLUTION 2010-21 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Artiele IV, Section 5A.408(A) of that certain residential rental license held by Ziad Zahran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 534 Huset Parkway, ColumL~ia Heights, Mirt~escta, Whereas, pursuant to City Code, Chapter SA, Arkicle IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given ta the License Holder on March 15, 2010 of an publie hearing ta be held on March 22, 2010. Now, therefore, in accordance with the foregoing, and alI ordinances and regulations of the City of Columbia Heights, the City Cottncil af the City of Columbia Heights makes the follawing: FINDINGS OF FACT 1. That on or about November 13, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental 'rnspection for this property. The Ietter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 25, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the praperty records. 3. That based upan said records of the Enforcement Office, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rentat property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U534 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a capy of this order on the buildings eovered by the license held by License Holder; 45 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the Iicense as held by License Holder. Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 46 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetina nf• Mamh ~~ ~(11(1 _, AGENDA SEC'T10N: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2nd Reading of Ordinance 1576, being a BY: Jeff Sargent, City ~lann~r ~Y: Zoning Amendment as it Relates to Setbacks in DATE: March 12, 2010 the R-3 District. BACKGROUND: The purpose of the R-3, Multiple Family Residential District is to provide appropriately located areas for small Iot single-family dwellings, multiple-family dwellings with up to eight units per structure (town homes, condorniniums and apartments), congregate living arrangements and direetly related complementary uses. Staff has determined that the current setback requirements for the R-3 District make it extremely difficuit, if nat impossible, to build additions or new homes on a majority of the R-3 zoned properties because of the preexisting size ofthe properties. T'he purpose of the praposed zoning amendment is to modify the setback requirements for one and two-family dwelling units located in the R-3 Bistrict to enable construction an these parcels without the constant need for a variance ta do so. RECOMMENDATION: The Planning and Zoning Cammission held a Public Hearing for the request on March 2, 2010. They voted ur~araia~4usly tQ re~Qrnrne~d City CQ€~r~cil appr~val c~f th~ ~c~ing am~r~drn~r~t r~9ati~zg ta s~gns iri ~h~ L3esign Overlay District, with a~-0 vote. ~~ ~ NI}E~ ~oT~~~: Move to waive the reading of Ordinance No. 1576, being ample copies available to the public. Move to adopt Ordinance No. 1576, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the pi-oposed zoning amendments outlined in Ordinance 1576. Attachments: Draft Ordznance 1576 (2"d Readin Format), P+Z Re ort COLJNCIL ACTION : 47 ORDINANCE N0.1576 BE1NG AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-3, LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, which currently reads to wit: § 9.109 RESIDENTIAL DISTRICTSo (C) Lot Dimension, He~ght, and Bulk Requirements. Lot area, setback, height and lc~t coverage requirements for uses in the residential distriets shall be as specified in the following table: R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single Farttily Dwelling 8,40Q sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,i00 sq. ft. 6,500 sq. ft. Twa-Pamily and Tcvinhome Dwellin~ 12,000 sq. ft. G~isting on January 1, 200~ - 5, l 00 sq. ft. Established after January 1, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple Family Dwelling 10,000 sq. ft. t0,000 sq. ft. IVon-resiciential Structure 8,400 sq. ft. (,~00 sq. ft. 6,560 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit ~ Multiple Family Dwel3ing Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. ],000 sq. ft. Two bedroom 2,000 sq. frt. 1,200 sq. ft. Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimum LoC Width 70 feeC 60 i'eet 60 feet '70 feet '70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 2~ feet 25 feet 2> fee2 30 ft. IS fcet Side Yard '7 feet* 5 feet* ~~feet* ~ 20 ft. l0 feet 48 Corner Side Yard 12 feet l0 feet 10 feet 30 ft. I S feet Rear Yard 20% of lot depth 20% of lot depth 20% of lot depth 30 ft. 1 S feet on-residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 fe~t~ 30 feet 25 feet 1 ~ feet Corner Side Yard 12 feet 10 feet 10 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 30 feee 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads} 25 feet 25 feet 25 feet 30 feeC 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3~feet 3 feet 3 feeC Multlple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard ]0 feet 10 feet Corner Side Yard ~ 30 feet 30 feet Rear Yard 10 feet 10 feet on-residential Parking Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet t0 feet 10 feet 10 feet Comer Side Yard 25 feet 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feeC~ 10 feet i~laximur~7 Height Residentia) structures 28 feet 28 feet 28 feet 3~ feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet 35 fzet on-residential Floor Area Ratio ~.2 Is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (C} Lot Dimension, Height, af~d Bztlk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,~00 sq. ft. 49 Two-Family and T~vinhome Dwelling 12,000 sq. ft. Existing on January 1, 2005 - 5,100 sq. ft. Established after anuary 1, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple Family Dwelling 10,000 sq. ft. ] 0,000 sq. ft. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,~00 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwe(ling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft. Three bedroom 2,500 sq. ft. 1,500 sq. fi. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimum Lot Width 70 feet 60 feet 60 feet 70 feet '70 ft. Minimum l.oC Depth Residential ~uilding Setbacks Front Yard 2~ feet 2~ feet 25 feeY 1& 2 Family - 25 tt. Mutti-Family - 30 ft. 1 ~ feet Side Yard 7 feet* 5 feet* 5 feet* 1& 2 Family - 5 ft. Mu1Ci-Family - ?0 ft. 10 feet Corner Side Yard 12 ~feet 10 feet 10 feet 1& 2 Family - 10 ~ft. Multi-Familv - 30 ft. 1~ feet Rear Yard 20% of lot depth 20% of lot c3epth 20% of lot depth (& 2 Family - 25 ft. Multi-Familv - 30 ft. 1~ feet Nan-residential Building Setbacks Front Yard 2~ feet 25 feet 25 feet 30 feet~ 1 ~ feet Side Yard 40 feet 30 feet 30 feet 35 feet 10 feeC Corner Side Yard 12 feet 10 feet 10 feet 30 feet 15 feet Rzar Yard 40 feet 30 feet 30 feet 25 feet ] 0 feet Singlc & Two Pamily Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard t0 feet 10 fcet Corner Side Yard 30 feet 30 feet 50 Rear Yard 10 ~feet ] 0 feet Non-residential Parking Setbacks Front Yard 2~ feet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet l0 feet 10 feeC 10 feet 10 feet Corner Side Yard 25 feet 2~ feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet~ 10 feet 10 feet ] 0 feet Maximum Height Residential structures 28 feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 3~ feet 3~ feet 35 feet 35 feet 35 feet on-residential Floor Area Ratio 2 2 Section 2: This ordinance shall be in full force and effect frorr~ and after 30 days after Its passage. First Reading: March 8, 2010 Second Reading: March 22, 20I0 Date of Passage: Offered 6y: Seconded by: RoII Call: Attest: 1Vlayor Gary L. P~terson Patricia Muscovitz, CMC City Clerk 51 ORI3INANCE NO. XX,~X BEING AN ORDiNANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-3, LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimenszon, Height, and Bulk Reyuirements. Lot area, setback, height and lot coverage requirements for uses i~1 the residentiat districts shall be as specified in the following table: -- R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,~00 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome Dwelling 12,000 sq. ft. Etisting on 7anuary 1, 2005 - 5,100 sq. ft. Established after .lanuary l, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 1Q000 sq. ft. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. tt. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Muitiple Fa~niiy D~uelling Efficiency ~ 1,200 sq. ~tt. 800 sq. ft. One bedroom 3,800 sq. ft. 1,000 sq. ft. Two bedraom Z,000 sq. ft. 1,200 sq. ft. Three bedroom 2,500 sq. tt. 1,500 sq. ft. Additional bedroom 40Q sq. ft. 200 sy. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimum Lot Width 70 feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 1& 2 Family - 25 ft. Multi-Family - 30 ft. 15 feet Side Yard 7 f'eet* 5 feet* ~ feet* 1& 2 Family - 5 ft. Multi-Family - 20 ft. 10 feet Corner Side Yard 12 feet l0 feet 10 feet 1& 2 Family - 10 ft. Multi-Family - 30 ft. 15 feet Rear Yard 20% of lot 20% of lot 20% of lat depth 2& 2 Family - 25 ft. 15 feet 52 depth depth Multi-Family - 30 ft. Non-residential Building Setbacks Front Yard 2~ feet 25 feet 25 feet 30 feet 1~ feeC Side Yard 40 feet 3o feet 30 feet 2~ feet 10 feet Corner Side Yard 12 feet l0 feet 10 feet 30 taet 15 feet Rear Yard ~0 feet 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 2~ feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3~Peet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet 3 feet Multipte Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 fieet Corner Side Yard 30 feet 30 feet Rear Yard (0 feet l0 feet on-residential Parking Setbacks Front Yard 25 feet 25 feet ZS feet 30 teet 30 feet Side Yard 10 feet 10 feet 10 feet 10 f'eet 10 feet Corner Side Yard 2~ feet 25 feet~ 25 feet 30 feet 30 feet Rear Yard 10 feet It3 feet l0 feet 10 feet 10 feet Maximum Height Residential struetures 28 feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 3~ feet 35 feet 35 feet 35 feet ~ on-residential Floor Area Ratio 2 2 Section 2: Thts ordi~la~~ce shall be in full force aild effeet from and after 30 days after its passage. First Reading: l~arch $, 2010 Second Reading: March 22, 2Q 1(~ Date of Passage: Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk 1Vlayor Gary L. Peterson 53 CITY OF CO~UMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0302 DATE: March 2, 2010 TO: ~ol~rnbia !-leigh±~ Planroing Cornrros~acn APPLICANT: City af Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for the R-3, Multiple Family Residential District PREPARE[~ BY: Jeff Sargent, City Plar~ner ~NTR~~UCi'It3Pi The purpose of the R-3, Mu(tip(e Family Residential District is to pravide appropriately located areas for srr~all lat single-family dwe!lings, multiple-farnily dwellings with ~p to eight units per structure (town homes, condominiums and apartments}, congregate living arrangements and directly related complementary uses. Staff has determined that the current setback requirements for the R-3 District make it extremely difficult, if not impossible, ta build additions or new homes an a majority af the R-3 zoned properties bECause af the pr~~xis~i~g ~iz~ of ~he properties. The purpase of the praposed zoning amendment is tc~ modify the setba~k req~aerer~nents fc~r one and fwo-family dwelling units located in the R-3 District to enable cc~nstructian an these parcels without the cc~nstant r~eed for a variar~ce ~o da ~o. COMPREHENSIVE P N One goal of the Comprehensive Plan pertaining to housing is to "preserve and expand the single-family neighborhoods as the community's strongest asset." The majority of the R-3 District throughout the City of Columbia Heights is populated with single-family dwellings. Amending the Zoning Code to promote the constructian of additions and new homes would be directly consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The current Zoning Code pertaining to the R-3 District requires substantial setback requirements compared to other residential zoning districts. The following table outlines the setback requirements for each residential zaning district: City of Columbia Heights P.lanning Commission March 2, 2010 City of Columbia Heights, R-3 District Case # 2010-0302 R-1 R-2A R-2B R-3 R-4 Front Yard 25 ft. 25 ft. 25 ft. 30 ft. 15 ft. Side Yard 7 ft. 5 ft. 5 ft. 20 ft. 10 ft. Corner Side Yard 12 ft. 10 ft. 10 ft. 30 ft. 15 ft. Rear Yard 20% of Lot De th 20°/a of Lot De th 20% of Lot De th 30 ft. 15 ft. A study was canducted of the R-3 District to determine whether single and two-family properties would be able to sustain the required setbacks. The study revealed that there are 469 single and two-family parcels in the R-3 District. The following table breaks down the average lot size and number of unbuildable lots currently in the R-3 District: One and Two Famil Residences in the R-3 District v~ra e ~~t iMielth 50.99 Avera e Lat De th ~ 2g, ~ g vera e S uare Foota e 6,5&7.03 Total Number of One and Two Famil Lots 469 Wumber af Unb~ildable Lots 261 Percenta e of Unbuildable Lots 55.65% Number of Unlikel Buildable Lots 315 Percenta e of Unlikel Buildable Lots 67.16% As the table indicates, the average lot width for single and twa-family parcels is 51 feet. In order tc~ build ~ithi~ th~ ~pe~ifi~atic~rts of th~ ZQning Cc~d~, a~evse h~use wo~sl~ haue #Q be set back 2Q feet from the sid~ !ot lines. Gi~ren the average !ot width ~f 51 feet, this w~u9d leave a perspective builder appraximately 11 feet on the praperty to build a hause. The study aisc~ indicated that 315 of the 469 lats, ar 67% af the tot~i number of cane and two-family parcels in the R-3 District, were toa small to bui(d on without the need of a variance to do so. Far this reasan, Staff is proposing a Zonir~g Amendment #hat wauld alleviate the setback restricfions imposed on these properties. Staff recommends recreating a separate setback category for one and two-family dwelling units within the R-3 District, and impasing setback restrictions consistent with the R-2A District on those parcels. The following table outlines Staff's recommendation: R-1 R-2A R-2B R-3 R-4 Front Yard 25 ft. 25 ft. 25 ft. 1& 2 Family - 25 ft. Multi-Famil - 30 ft. 15 ft. Side Yard 7 ft. 5 ft. 5 ft. 1& 2 Family - 5 ft. Multi-Famil - 20 ft. 10 ft. Corner Side Yard 12 fte 1 Q ft. 10 ft. 1& 2 Family - 10 ft. 15 ft. Page 2 55 City of Columbia Heights Planning Commission March 2, 2010 Gty of Columbia Heights, R-3 District Case # 2010-0302 Multi-Famil - 30 ft. Rear Yard 20% of Lot Depth 20% of Lot Depth 20% of ~ot Depth 1& 2 Family - 25 ft. Multi-Famil - 30 ft. 15 ft. The purpose of the Zoning Amendment is to create 315 more buildable lots for one and two-family dwelling units within the R-3 District. FIND~~iG~ t3F ~AC1' Section 9.104 (F) of the Columbia Heights zoning cade requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One goal of the Comprehensive Plan pertaining to housing is to "Preserve and expand the single-family neighbarhoods as the corrrmunity's strongest asset. " The majority af the R-3 District thraughout the City of Calumbia Heights is populated wrth single-family dwellings. Amending the Zoning Code to promote the construction of additions and new homes wauld be directly consistent with the intent of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit af a singPe property ~wner. The proposed zoning amendmert is not solely for the benefit of a single property owner. The proposed amendment would allow prospective builders to construct additions ta existing houses, or to construct new houses in the R-3 ~istrrct on properties which now would not be legally able to be built on. 3. !llshere #he amendment ~s to change #h~ zoning cla~si#'ication c~f a particular pr~perty, th~ existing u~e c~f the property and the zoning classificatian of praperty within the ger-eral area of the property in question are campatible with the proposed zoning elassification. This zoning amendment will not change any existing zoning classification. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. This zoning amendment will not change any existing zoning classification. Page 3 56 City of Columbia. Heights Planning Commission March 2, 2010 City of Columbia Heights, R-3 District Case # 2010-0302 RECOMMENDATION StafF recommends amending the Zoning Code to help alleviate the setback restrictians currently imposed on the R-3, Multiple Family Residential District, in regards to one and two family properties as outlined in the Draft Ordinance. Motion: That the Planning Commission recommends that th~ ~ity ~o~ncil ~pprove the proposed zoning amendment, allowing for businesses subject to modifying the setback requirements for ane and two family dwellings in the R-3, Multiple Family Residential District. l~ttachments • Draft zoning ordinance Page 4 57 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin~ of: March 22_ 2010 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2nd Reading of Ordinance 15~7, being a BY: Jeff Sargent, City Planner ~Y: Zoning Amendment as it Relates to Pianning DATE: March 12, 2010 Fees. BACKGROUND: At the August 25, 2009 EDA meeting and the City Council meeting of November 30, 2009 staff presented its recornmendation to revert pianning fees back to a flat fee system. Currently, planning fees are done on an escrow based system that creates a significant amaunt of work (that is not reimbursed) to receive a check, create an escraw, receive dacumentatian #rom departments regarding tirne ailocatians and then reissuing checks back to the applicant. Most of the pianning appiications are straightforward and a simple flat fee would reduce all of the aforementioned work. As part of the planning fee structure, staff has included language that the City retains the right to seek an escrow and additional payment for any out-af-packet expenses for consultants and/or ta obtain an escrow for cases that are extraordinary in size or corrtpl~xity. RECOMI«NDATION: The Planning and Zoning Cammission held a Public Hearing for the request on March 2, 2010. They voted tzrtanimQ~asl~ to reco~nrr~end ~ity Ct~ut~cil a~prova~ af t;~e zanin~ arr~nd~nent telatit~g ia signs in the ~3esi~n O~erlay District, with a 5-0 vote. ~ RECOMMENDED MOTION: Mave ta waive the reading of Ordinance Na. 1577, being ample copies available to the public. Move to adopt Ordinance No. 1577, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1577. Attachments: Draft Ordinance 1577 (2"~ Readin Format), P+Z Re ort COUNCIL ACTION : 58 ORDINANCE NO. 1577 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO MINIMUM PLANING AND ZONING APPLICATION FEES WITHIN THE CITY OF COLUMBIA HEIGHTS Th~ C~ty ~f Columl~ia H~ights d~es or~a~n: Chapter 9, Article I, Section 9.104 (C)(5) of the Columbia Heights City Code, which currently reads to wit: § 9.104 ADn~TSITRATION AND ENFORCEMENT. (C) ~eneral application procedures. (5} ~4pplicatzon fees. Fees for a~l applications for development or land use approval shall be established by resolution ofthe City Council. A minimum escrow sha11 be payable at the time an application is filed with the Zoning Administrator. Upon fina( approval, or withdrawal c~f the applicatian by the appl'rcant, and remaining escrowed funds not spent in reviewing the applicarion shall be returned to the applicant. If the cost to review the application exceeds the minirnum escrow, the applicant shall pay the outstanding balance. Payment of all fees is a condition af application approval. Is thereby amended to read as follows: ~ 7'.l~U~ ~l~'111~t~Ill~ild~l\ ~T~ ~l\1' V1~~.+~~1~T1. (C} General ap,~lication procedures, (5) Applieation fees. Fees for a11 applieations for development or land use approval shall be a flat rate and established by resolution of the City Council. The City retains the ~ ight to require an escrow and additional payment for any aut-af-paeket expenses for consultants and professional services and/or ta abtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of application approval. The fee schedule shall be: PLANNING AND ZONING FEE SCHEDU~E Land Use Action Flat Rate Fee eal $185 Com rehensive Plan Amendment $500 Conditional Use Permit $200 Prelimina Plat $500 + Escrow Finai Plat $100 Interim Use $250 59 Minor Subdivision Lot S lit $275 Site Plan Review $250 acation $150 ariance $200 Zonin Amendment $500 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 8, 2010 Second Reading: March 22, 2010 Date of Passage: Offered by: 5ecanded by: Roll ~ait: Attest: Mayor Gary L. Peterson Patricia Muscovitz, CMC Ci1y Clerk/Council Secretary 60 DRAFT ORDINANCE NO. I~~~XX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO MINIMUM PLANING AND ZONING APPLICATION FEES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104 (C)(5) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.104 ADIVIINSITRATION AND ENFORCEMENT. (C) General application procedures. (5} Application fees. Fees for afl applications for development or land use approvai shall be a flat rate and established by resolution of the City Council. z4 . , , t-~~ The City retains the right ta require an escraw and additianal ~syment for any out-of-pocket ezpenses for consultants and prafessional servic~~ and/or to obtain an escrow for cases that are egtraordinary in size or complezity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. If rhn ~+ +~ _, +~,~ ~• +• a +~, • ~~, "rr ~~~~~~.~., , .~t:,p....,..., ., zrar-puy=scr~oac~~cuncmr~-vurccrrcc y ';^^"+ ^""" *'' +"+~„~';~^ "' Pa ment of a11 fees is a candition of applicat~on appre~va;. Th~ f+e~ ~~~aea~uis ~~a~I'br~: PLANNING AND ZONING FEE SCHEDULE Land Use Actian Flat Rate Fee ~~d $185 Com rehensive Plan Arnendment $500 Conditionai Use Permit $200 Prelimina Plat $500 + Escrow Final Plat $100 Interim Use $250 Minor Subdivision Lot S lit $275 Site Plan Review $250 acation $150 ariance $200 Zonin Amendment $500 61 Section 2: This ordinance shall he in full force and effect frorn and after 30 days after its passage. First Reading: March $, 2010 Second Reading: March 22, 2010 Date of Passage: Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Petersan Patricia Mz~scovitz, ~MC City C1erk/Council Secretary 62 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0305 DATE: March 2, 2010 T~: Gol~mbea Hsi~hts Planning Commi~sior~ APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Zaning Application Fees PREPARED BY: Jeff Sargent, City Planner ~ACI~CGR~UN~ At the August 25, 2009 EdA meeting and the City Council meeting of November 30, 2009 staff present~d 'ot~ recomm~ndatiar~ to r~vert pfar~ni~g fees back to a flat fee system. Currently, planning fees are done on an escrow based system that creates a significant amount of work (that is not reimbursed) ta receive a check, create an escrow, receive documentation from departments regarding time allocations and then reissuing checks back to the applicant. Most of the planning applicatians are straightforward and a simple flat fee wauld reduce ail of the aforementioned work. As part c~f the plannic~g fee str~c#~ar~, staff has incCuded (ang~age #ha# the City re#air-o~ the right ta seek an escrow ar~d additi~nal pa~yrner~t for aray out-of-pocket expenses far cansultants and/or fio obtain an escraw for cases that are extraardinary in size ar complexity. COMPREHENSIVE PLAN Restructuring the fee schedule for Planning and Zoning land use requests enables staffta more efficiently use their time and thus provides a better service to the community. Processing land use requests more efficiently will also make it easier to pursue many of the goals of the Comprehensive Plan. ZONING ORDINANCE As stated previously, the current zoning ordinance requires an escrow to be collected as the sole means for funding land use requests. Staffspends a considerable amount of time tracking the haurs af phone calls, emails, meetings and staff report writings in an effort to City of Columbia Heights Planning Commission March 2, 2010 City of Columbia Heights, Application Fees Case # 2010-0305 accurately account for the amount of time each land use application takes to complete. More time is then taken to process refund checks - if needed - and then mail out the checks to the applicants. The proposed ordinance would revert back to a flat-rate fee for Planning and Zoning applications. The following table depicts the amount of escrow the City had previously required for each land use application, as well as the proposed amount the City will collect ~s a flat rate fse: PLANNING AND ZONING FEE SCHEDULE ~and Use Action Escrow Previousl Collected Pro osed Flat Rate Fee eal $185 $185 Com rehensive Plan Amendment $545 $500 Conditional Use Permit $220 $200 Prelimina Plat $670 $500 + Escrow Final Plat $395 $100 Interim Use $255 $250 Minor Subdivision Lot S fit $275 $275 Site Plan Review $370 $250 acation $150 $150 ariance $235 $200 Zonin Amendment $545 $500 It is anticipated that larger redevelopment projects wiil take a cansiderable more time to process than smaller, simpler land use requests. For this reason, the City will retain the right to seek an escrow and additional payment for any out-of-pocket expenses for consultants and/or to abtain an escrow for cases that are extraordinary in size or c~r~plextty. Staff alsa conducted a camparisan of Applicatian Fees other cities in the area charge. This infarmatian can be found on Appendix A. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. Restructuring the fee schedule for Planning and Zoning land use requests enables staff to more efficiently use their time and thus provides a better service to the community. Processing land use requests more etficiently will also make it easier to pursue many of the goa/s of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely far the benefit of a single property owner. Page 2 64 City of Columbia Heights Planning Commission March 2, 2010 City of Columbia Neights, Application Fees Case # 2010-0305 The proposed amendment is a citywide endeavor and is not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken p(ace since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular praperty. ~ECOMNIENDd~T10N Staff recommends approval of the proposed Zaning Amendmento IVlotion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments = C~~aft zczr~i~g ardin~r~~~ Page 3 65 G .~~: ~: d 'EO O O ~ ry . : ~...~ M ~ ~ V O O O O O u~ O O O N O O O O O O O O y d O ~ p ~ ~/+ N p p N ~ O O ~~~~ a C 1(1 ~, Vi ~, N ~ th ~ t[1 ~, 6~ ~, <I a, tn ~ ~ ~ N ~, } a ~ fD "' ~ } o ~ ~, o t~ ~ • C N ~ th ~ ~ ~ `~~'.'...' N o ~ ~ ~ ~ . y V ~ O tn t[] N O ~ tG V y p~ O l[] ~ `~ ~ U O O O C ~: ~ C N M O O + O tn O tn O tC ~ fR M dt fH V fA O + N fA ~ m N N iR ~ M fR . • ~p N N Q ~ M N ~ N O O t0 p O O + O ~ O ... ~ fR tl! M fA fA tR N ~ tn V' ~ ~ O ~ p O ~ ` ' > o ~ c~t ~ ~ v~ N» ~ ~ n y3 ~ uNS m ~ ~ e~ ~~~.:,.~:.. ~~ G ~ N w N V ~ O O ~" O O ~ N M ~y ~ fi M N u ~ M N ~ ~ ~ ~ ~ 4lY 19 t[~ V~ E/f V~ d3 ~9 V3 ~ ~.::~... ~ ~ vi O O ~ m G ~ 0 O O ~ ~ O O h O ~/1 N tn N ~ o O ~ m O N ~ O O ~: . Q. y t~ M ct1 N W } tn t`'1 N } e9 p ~ T hi t~7 ~ 6 1n ~. N } O V Ol } O ~ u} C1 O ~ « f9 eR tfl p fR V3 ~. fA N3 lfl (fl lA ~~~ N M srs t~ ~ NJ ~H + O ~ N ea t") u~ 0 ~~~~ N ~n N u~ N o ~ 0 M 0 ~~f1 ~cs N o N 0 ~ 0 N 0 ~ ~n N °~ N ~ ~ o O o ~ o ~ ~~ p ~ d3 w ~ Hi t9 Ffa vs &3 fA ~ tA ^~ O <H t A EH tA ~ ' O ~ ~ ' u1 ~ LL ~. N o 0 r' I ~~~ ~.. . = 1n o o O O o V y C . ~:. ~ tn tn O O N O N ~ ~ ~ N ~ ~ ~ bN4 fA Q~H ~~ ~ + O . + R ~ u.' C ~ ~ ~ It ~ ~ C C 1 G '~ c . c G ~ ~ E ~0 ~ a 'a 7 ~ o o `w o u; O N o 0 0 0 O , . ~ O O O b ~ O ~ 1A tn O t[I ~ ~. C t '1 fA b? Vi O t 0 G9 N V3 Q ~ V b9 br4 V3 ~ ~ LL L ~ N d ~ ~ a ° ~ + ° t Yo : °' o 0 0 a ~n y : ~ ~'a o o ~ ~ ~ ~ ~ . o m ~ s v `n ° ~ .. ~ p ~ m y iR N W ~ ~ p ~ N ~ ~ ~ . . ~ ~ U~ N ~ 64 O E ~ 'F + ° ~ i- t Q fPr ~ ~ + ° ~ t' ~ o a in o 0 0 ~n °o ` ~ ~.' "' "' v "' ~ ~ a u s ~ 3 N 9 O N p ~ O O O y 6 y ~ a ~. ~ O N O O d O 1n O p ~ ~ ~"~ ~ ~ t0 V O O ~ O O p ~ N O O O O O O . ~~~~~U sNa w + `h» ~ m u°. "~ ~» u`"s + ~» + ~ ~ es O m EH N t9 ~ tA O (R + O ~ O N M ~T O C~] tA ~~~~::~~. G ~ •~ C '? p m '~ E u~ o 0 0 0 0 0 0 0 o v+ o 0 ~~¢ ~.. v ~ fR o N M o M fli ~n M V3 o In N~ 0 N M 0 ln V3 0 tO M 0 tV di o N fA m O o ~ 49 0 tn Vi ~ '' ` a ~ E ~ U c d C ~ U O « y r ~ c °~ i3 'a, ~ E o ~ ~ Y `_°, ; u, ~ o .c a~ 3 a a ` a 'o E ~ Y y0 ~ N C h Y - O Q1 S ~ ~ ~ [ N n t ( ~ ,n d N- ~ tG t0 ~ N ~ O ^ ° = o " in ~ 3 3 ~ ~ 5 ~~ £- ; o $ ~ m i. c. ~ c i ¢ c~ = x zz ~ u~ in ~ 5 u. mw ~ a I G ~ m w ~O U :; m ~ ~ u o a .. ~ N d O ~ . V w V H m ~ ~ ~ U X ~ ~ ` G1 c m ~ ro m '~ « ~ a"~ m ~ d YZE N`~ ~~°N C C m O ~ u N y ~ > O ~ d a ~ a ~ C p ~ ~ `, N ~ W I _ ~ N I ~ m T ~ ~i ~ U O C N 0 ~ crrY coulvvca. r~~u Meeting of: 3/22/2010 AGENDA SEC"TION: OTHER ORDINANCES AND ORIGINATING DEPART~JNT• ~'Y ~AGER RESOLUTIONS PUBLIC WORKS • TTEM: First reading of Ordinance 1579, being an Ordinance BY: K. Hansen BY: amending the Tree Ordinance section of the City Code: DATE: 3/18/2010 DATE: Chapter 4, Articte II, section 4.2(31 and 4.202. Background: The Public Works deparhnent administers the tree mainter~ance pragram in the City of Columbia Heights, which consists of tree trimming, disease eradication and replanting throughout the City. New diseases, such as the Emerald Ash ~orer, are present irt nearby carr~nur~ities and wiil threaten much of the ash trees the City has on botl~ Publi~: and Private properties. Our current ardinance addressing tree care is found in Chapter 4 of the City cade under Municipal Services. The League af Minnesata Cit~s (LMC) has alsa updated their rrrodel Shade Tree Ordinance to account far new pest threats and recent private property access issues in the Metro area. Staff is recommend~rtg updating ~hapter 4.2Q1 and 4.201 of our City code based upan the nedv LMC mad~1 ordinance and recommendations of City staff . This ordinance was last amended in 1992. Analysis /C~~clusi~~s: Attached is a pdf copy of the existing Tree and Weed Services ordinance, sections 4.201, 4.202 and 4.203, consisting of 4 pages. Sta~ ff is not proposing any changes to section ~.203 - Weed Removal in this ardinance revision. Attached is a proposed ordinance revision consisting of 8 pages. The basis of the ordinance amendments is the LMC Model ordinance and recomrrtendations by City staff based upon eaperience with the tree mar~agement and care program. The following modificatians have been tmade to the existing ordinance - new language is highlighted in red: Section A- a policy definition was added. Section B- a definition of tree pest using MN Stat~rte 89.001 was added. Section C- definition and responsibility of `tree inspector' was added. Section D- tree disease types defined as public nuisances was added. Section E3 - Ash tree was added Section F- public nuisances, as defined, declared unlawful was added. Section G- Authorizes the City Forester to enter private properry for the purposes af inspecting and/or enforcing the ordinance. Section H- Abatement procedures, for trees defined as a nuisance under the ordinance was added. Section 1- reporting peocedures for trees defined as a nuisance was added. COUNCII. ACTION: 67 GTTY COUNCII, LETTER Meeting of: 3/22/2010 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT• ~-T~' M~AGER RESOLUTIONS pUBLIC WORKS • 1TEM: First reading of Ordinance 1 ~79, being an Ordinance BY: K. Hansen BY: amending the Tree Ordinance section of the CiCy Code: DATE: 3/18/2010 DATE: Chapter 4, Article II, section 4.20I and 4.20~. Section J- any person, firm, or corporation providing tree care must register with the MN Dept of Agriculture was added. Section K- abatement process, in accordance with the Dept of Agriculture or by DNR requirements, for trees declared a nuisance was added. Section L-n a section far abating high cost trees was added. Section M/ - an appeal process for an abatement notice was added, along with the threat of imminent danger. Section O- the process for cast recovery by the City far abatement was added. Section P/Q - a penaity at~d severability seetior~, consistent with ather ~ity c~d~ seetians ~vas added, The proposed ordinance amendments was based upon LMC Model Ordinance and staff recommendations to a~dress new pest ihreats ~merai~ Ash ~orer}, a~5d ta sti•engihet~ tiie adininistratic~~r of the tree managerrieni pragram and maintain and improve the health of our urban forest. Reeommended Motion: Move to waive the reading of Ordinance 15~9, there being ample copies available to the public. Reco end Motio~: Move ta establish the second reading of Ordinance 1579, being an Qrdinance amending City Code Chapter 4, sections 4.201 and 4.202 for April 12th, 2010 at approximately 7:00 p.m. in the Council Chambers. COUNCII. ACITON: 68 Columbia Heights, MN Code of Ordinances C;~-~.4PTFR 4: N~I.itiIC'IPAL S~:RVIC~S t~Et"I ICL~; Il. I'R~E fl1~C~ ~'EEC3 S~EZVPC'~; ARTICLE II: TREE AND WEED SERVICES Section ~.2(~l Removal of diseased, dead or hazardous trees ~.2(12 Disease controi, planting ar~d routine removal ~?O3 Weed removal § 4.201 REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES. (A) The Forester or his o~cial representative has the authority to enter onto private property for inspection purposes. The Farester shall inspect all premises and places, both public and private, within the city for the presence of any of the below-described conditions: (1) Living or standing elm trees or parts thereof which are infected with the Dutch Elm disease fiingus Ceratocystic Elmi (Buisman) Moreau or which harbors any of the elin bark beetles Scolytus Multis Triatus (Eichh} or Hylurgopinus Rufipes (Marsh). (2) Living or standing oak trees or parts thereof which are infected with Oak Wilt Disease fungus ~eratocyrstris Fagacearum. (3) Any other living or standing tree or part thereof infected with tree disease as determined by the Farester or any destructive or corrtmunicable disease or insect infestations. (4) Any diseased dead tree or part thereof, including limbs, branches, stumps, firewood, or other aak, elm ar woaden material which has not been removed and burned or sprayed with an effective and appropriate insecticide or fungicide. (5} Any tree, limb or shrub that obstructs street ]ights, view of intersections, traffic signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less than eight feet above the surface of the street, sidewalk or alley, or a tree that poses a threat to safety. (B) The Forester shall notify the property owner by certified mail of any of the above named conditions whicl~ creates an imminent danger of other trees or to public safety. If the owner is not in possession of the property, then a copy shall also be sent by first class mail to the lessee, occupant, or agent of the owner on the premises. (1) The notification shall require abatement of such condition within 20 days Existing Ord_Tree and Weed Services_Chapter 4 - I/5- 25 February 2010 69 from the date of mailing of notice. (2) The Forester may abate said condition upon the expiration of 20 days. The Council hereby authorizes the assessment of unpaid special charges far such abatement against such property. (3) The Forester shall also follow the procedure prescribed herein upon direction of the Council, when said condition does not create an imminent danger to other trees. ('77 Code, § 4.201} (Am. Ord. 1248, passed 7-13-92) § 4.202 DISEASE CONTROL, PI~-NTING AND ROUTINE REMOVAL. (A) Whenever the Forester deten~nines that any tree or wood within the city is infected with disease, he may use appropriate disease control methods on all the nearby high value trees, in accordance with methods and procedures prescribed by the Commissioner of Agricuiture. Notice shall be provided under this section in the manner prescribed for abatement. (B} The Forester shall mainfain trees on public streets, parks, baulevards and other public properties to facilitate the safe passage of pedestrian and vehicular traffic. (C) No person shall plant, rem~ve, cut above th~ ground, or disturb any tree on any public ptace w-thout first obtaining written permission from the City Forester. The City Forester shall eonsider all requests by property owners for the planting or routine removal ofpublie trees in accordance with the following standards: (1) No more than one tree shall be planted for each 40 feet of property frontage. (2) No boulevard trees shali be planted measuring less than two and one-half inches in diameter of trunk one foot above the ground. (3) No trees may be planted under or within ten lateral feet af any overhead utitity wire, or over or within five IateraI feet of any underground water line or gas line, ar over or within five lateral feet of any sewer Iine, trans~nissic~n lin~ or other utility. (4) i~1a trees may be planted midway between tlle existing curb and sidewalk without the approval of the Ciry Forester. In areas where curb and sidewalk do not exist, no tree may be planted clc~ser than three feet from the projected curb line. (5) No tree shall be planted closer than 30 feet of any street corner, measured from the point of nearest intersecting curbs, or curb lines. No tree shall be planted closer than ten feet of any fire hydrant. (6) No person, firm, or city department shall top any public tree. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the nonnal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subdivision at the determination of the City Forester. (7) No tree stumps shall remain on any property. All stumps of trees shall be Existing Ord_Tree and Weed Services_Chapter 4 - 2/5- 25 February 2010 70 removed or buried ta a minimum of four inches below the surface of the graund including root extension to at least two feet from the outer edge of the stump. An exception may be granted for inaccessible areas as determined by the City Forester. (I7) The City Forester shall loeate, seleet and identify any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement. (E) ~The city shall have the right to pIant, prune, maintain and remove pubIic trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and rights-of-way. (F) No person except the City Forester, his agent, or a contractor hired by the city may plant, remove, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The person obtaining the written permission shall abide by the standards set forth in this section. (G} The City Tree Board shall have the power to promulgate and enfarce rules, regutations and specificatians cancerning the trimming, spraying, removal, planting, pruning and protection of public trees and shall have fult power and authority over a11 public and private trees that constitute a hazard or threat as described herein. (H} When the development af private and/or commerciai praperty accurs, the Planning and Zoning Commission, Cit~ Engineer, and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks ar other public places abutting lands hencefarth developed and/or subdivided. (I) A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in ~ 1.999. Each day that a vioiation exists shall constitute a separate offe~lse. 1f, as the result of the violation of any provisian of this section, the injury, mutilation or death of a public tree located on eity owned property is caused, the cost af repair of replacement of such tree, shrub, ar other plant shali be borne by the party in violation. The replacement value af trees and shrubs shall be deterir~ined in accardance with the Iatest revision of "A Guide to the Professional Evaluation af Landscape Trees, Specimen Shrubs, and Evergreens," as published by the International Saciety of Arboricu(ture. ('77 Code, § 4.202) (Am. Ord. 1248, passed 7-13-92} t 4.203 WEED REMOVA~. (A) The weed inspectar or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or Existing Ord_Tree and Weed Services_Chapter 4 - 3/5- 25 February 2010 71 are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions far wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by maii. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days fram the date of mailing of notice. (2} The nc~tificatian shall state that the city wili take appropriate remedial action ta eradicate or cantrol the v~eeds upon expiration of said four days, with a char•ge to the property owner/property far costs. (~} For properties for which ~here have beerr one or more notices issued within the prior 12-month period, compliance with division (B) shall not be requi~red. For those properties, the first notice issued within a I2-month period shall contain a generai notice that the cit~~ ~t:ay abate fut;.~re vi~laticns ~~itE~aut pravid:ng a~~itia.lal ~pe~ific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; ar on private property, upan expiration of the prescribec! natice to the owner. (E} For the purpose of this seetior~, the follo~ving definitiorr shall apply. ~DR'IV~~t. Tl~e persar~ who is listed as the contact person on any current rental licensing application nn ~le with the city, if any, or if non~, the person listed as owner by the Caunty Assessor on the homestead record, or if nane, tlle taxpayer as shown by the records of the Caunty Assessor. (`77 Code, § 4.203) (Ord. 15l 1, passed 6-12-06; Am. Ord. 1544, passed 5-12-08} Disciaimer: This Code of Ordinances andlor any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Carporatian provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. Existing Ord_Tree and Weed Services_Chapter 4 - 4/5- 25 February 2010 72 For further information regarding the ofFiciai version of any of this Code of Ordinances or other documents posted on this site, please contact the IVlunicipality directly or contact American Legal Publishing toll-free at 800-445- 5588. ~O 2010 American Legal Publishing Corporation techsuppnr~ at~.~mleg,af.com 1.800.445.5588. Existing Ord Tree and W~eed Services_Chapter 4 - 5/5- 25 February 2010 73 ARTICLE II TREE AND WEED SERVICES Section 4.201 Rema~al ~i uiScaScu, ucau Gi 1ia21~'u`~~i1S iiccS 4.202 Disease control, planting and routine remova~ 4.203 Weed removal 4.201 REMOVAL OF DISEASED, DEAD C1R HAZARDt)US TREES 74 _ The Forester or his official representative has the authority to enter onto private property far inspection purposes. The Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below- described canditions: 1) Living or standing elm trees or parts thereof which are infected with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harhors any of the elm bark beetles Scoiytus multistriatus (Eich) or Hylurgopinus rufipes (Marsh). 2} Living or standing oak trees or parts there of which are infected with ~ak ~Nilt Disease fungus ~eratocystis fagacearc-rri. 4) Any other living ar standin~ tree ar part thereaf infected with tree disease as determined by the Forester or any destructive or communicable disease or insect infestations. 6) Any tree, limb ar shrub that obstruc~s street lights, view of intersections, traffic signs, the free passage of pedestrians, or vehicles, ar a tree or any part thereof that is less than eight feet abave the surface of the sidewalk, street or alley, or a tree that poses a threat to safety. 75 lAlTtiv ~,. ~ 4, I1 +;F , +l.o o,.t., ,- L,., o..t:F;o.7 , ;1 ,,4'„ „F+l,o ~ J vi~.~cv°i oiaua.-iro .,L,.,..o „ o.# .. .,rl:~;.,,~~ .,,L,;l.t, ., o.,to~ ., .~r ,7.,,~,~m,. ~,F.,~i~,o« t,.oo~ ,.,- t„ ~,.,~, . ~ ,.~, :'~vv ~.v..u,~,v.rs P ° ~ ~ ~ ~3}3i§~'~ 76 ? The notification shall require abatement of such condition within 20 days from the date of the mailing of the notice. ~3-} . 77 . , Q ~ ;~ , ,,,. ~ ~H . . .......w _ :_.,~ ~,.. ~e~~~ u.. . ~~ o.~': ~ ~,,,~; ~ ~ _~..~~ ~ r 78 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL A. Whenever the Forester detennines that any tree or wood within the city is infected with disease, he may use ap~ropriate dis~ase control rnethads on alt the ~ear~y h~gh ~ value trees, in accordance with methods and procedures prescribed by the Commissioner of Agriculture of the State of Minnesata e , " p Is ~ Notice sha~~ be rovidect under th section in the manner prescribecE for abatement. B. The Forester shall maintain trees on public streets, parks, houlevards and other public properties to facilitate the safe passage of pedestrian and vehicular traffic. C. No person shall piant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission frorn the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards. 1) No more than one tree shall be planted for each 40 feet of property frontage. ~ 79 3) No trees may be planted under or within ten lateral feet af any overhead utility wire, or over or within five lateral feet of any underground water line or gas line, or over or within five lateral feet of any sewer line, transmission line or other utility. 4) No trees may be planted midway between the existing curb and sidewalk without the approval of the Ciry Forester. In areas where curb and sidewalk do not exist, no tree may be planted closer than three feet from the projected curb line. 5) No tree shall be planted closer than 30 feet of any street corner, measured from the point of nearest intersecting curbs, of curb lines. No tree shall be planted closer than ten feet of any fire hydrant. 6) I~1a person, firm, or city department shalt tap any public tree. Tapping is defined as the severe cutting back of liinhs to stubs within the tree's crown to such a degree so as to remove the ~orrnal ca~ropy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires, .~. _ , or ather obstructians where ~ther pruning pract~ces are impractical may be eXempted from this subdivision at the determination of the City Forester. 7) No tree Stumps shall reinain on any property. All stumps of trees shall be removed or buried to a minimum of four inches below the surface af the ground including root extension to at least two feet from the outer edge af the stump. An exceptian may be granted for inaccessible areas as determined by the City Forester. De The City Farester shall locate, select and iden~ify any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it rneets one or mare af the faliowing criteria: species rarity, old age, association with a histarical event ar person, ahnormality, or seenic enhancement. E. The city shall have the right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and rights of way. F. No person except the City Forester, his agent, or a contractor hired by the city may plant, remove, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The person obtaining the permission shall abide by the standard set forth in this section. G. The City Tree Board shall have the power to promulgate and enforce rules, regulations and specifications eoncerning Che trimming, spraying, removal, planting, 80 pruning and protectian of public trees and shall have full power and authority over all public and private trees ihat constitute a hazard or threat as described herein. H. When the development of private and/or commercial property occurs, the Planning and Zoning Comrnission, City Engineer and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and /or subdivided. A person, partnership, corporation ar other entity who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in § 1.999. Each day that a violation exists shali constitute a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation, or death of a public tree located on city owned property is caused, the cost of repair of replacement of such tree, shrub, or other plant shall be borne by the party in vio~atiai~. ~'he ~°eplacemenl vaIue of trees and shrubs shali be determined in accordance with the latest revision of "A gurde ta the Professional Evaluation of Landscape Trees, Specilnen Shrubs, and Evergreens," as published by the Internatianal So~iety of Arboriculture. 81 CITY COUNCIL LETTER Meeting of: 3/22/2010 AGENDA SECTION: OTHER ORDINANCES AND p~GINATING DEPARTMENT: CIT~' M~NAGER RESOLUTIONS PUBLIC WORKS ITEM: First reading of Ordinance 1578, being an Ordinance BY: K. Hansen BY; amending the refuse and recycling section of the City Code: DATE: 3/18/2010 DATE: Chapters 4, 5, &. Background: The Council approved a new Refuse and Recycling contract on November 9, 2009 with the following major changes: ~ The Contractor has been changed ta Veolia based upon their bid, and includes single sark r~cycling. • Term has been updated for 5 years beginning in January of 2010 and ending December of 2014. • Tipping fees have been defined and added to be separately tracked in the payment procedures. • Language has been added in the Disposal section in which the City reserves the right to direct the location and facility of the disposal of solid waste. • Language has been added which requires the Contractor to provide tannage reports on a monthly basis for garbage, solid waste and recycling. And that the City may withhold payment without such submittals. • A reeycling rebate provision has been added to provide for reventiie~sharing of recyclables eolleeted Cityvvid~e a A fuel escalation clause has been added ta account far fluctuations in fuel costs. • Altows the contractor ta service Mutti-dwelting properties with carts instead of dumpsters where permitted. Analysis lConclusions: Attached is a pdf copy of the existing Refuse and Recycling Services ardinance chapters 5& 8, consisting of 2 and S pages, respectively. References to refuse and recycling rules can be found in Chapter 5 COMMERCIAL LICENSING, Chapter SA PROPERTY MAINTENANCE CODE, and Chapter 8 PUBLIC HEALTH AND SAFETY. All three are probably appropriate places, but in many cases the subparagraphs don't match up with the title. There is currently no article under Chapter 4 MUIVICIPAL SERVICES for residential refuse operations (as provided by City eontract). Staff is proposing to centralize this activity in Chapter 4- Municipal Services. Attached is a praposed ordinance revision consisting of 6 pages. The basis of this ordinance amendments is to develop consistency contract language and operations review by City staff based upon experience with refuse and recycling COUNCIL ACTION: 82 CITY COUNCIL LETTER Meeting of: 3/22/2010 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT' CTI'Y MANAGER RESOLUTIONS PUBLIC WORKS . ITEM: First reading of Ordinance 1578, being an Ordinance BY: K. Hansen BY: amending the refuse and recycling section of the City Code: DATE: 3/18/2010 DATE: Chapters 4, 5, 8. program. The fo(lowing modifications have been made to the existing ordinance sections: CHAPTER 4: MUNICIPAL SERVICES - Article VII. Refuse and Recycling Services r Entire Article is new. Language developed for consistency with new contract. § 5.603 GARBAGE COLLECTIONS ~ Paragraph E and F have been reinoved heeause the City recyeling program has nothing to do with licensing of refiise haulers that want to operate in the city servicing cornmercial properties. ~ SA.205 RIIB~IS~, GARBAGE, RECYCLING, AND ~GMI't3STING. ~ Minor changes concerning the proper location to place refuse containers (already referenced in Chapter 8). ~ 8.341 STORAGE CONTAINERS ~ All paragraphs that spelled out how residential refuse operations are conducted have been moved to a newly created Article VII. titled REFUSE AND RECYCLING SERVTCES under Chapter 4 MLJNICIPAL SERVICES. Items frorn the new contract with Veolia and billing paragraphs (closely worded with water billing) for refuse rates and rules have been added. ~'he remaining paragraphs concerning cornposting, impraperly c~ntainerized garbage and rubbish remain with Ghapter 8 PUBLIC HEALTH t~ND SAFETY. Reeommended Motion: Mave to waive the reading of Ordinance 1578, there being ample capies available to the public. Recommended Motion: Move to establish the second reading of Ordinance 1578, being an Ordinance amending City Code Chapters 4, 5 and 8 for April 12th, 2010 at approximately 7:00 p.m. in the Council Chambers. KH:kh Attachments COUNCIL ACTION: 83 CHAPTER 4: MUNICIPAL SERVICES Article VII. REFUSE AND RECYCLING SER~IICES 4e701 GENERAL OPERATIONS A. Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the city must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish Service Provider. The City reserves the discretion to add other entities (Non-municipal) as agreed to by Council resolution. B. The Service Provider shall collect refuse, recycling, yardwaste/brush, white goods, electronics, and all other permissible household refuse at designated coilection points as permitted by section 8.301 (E). C. AID cotlection service shatl be canducted between the ~iours af 6.00 a.m. and 6:00 p.m., on Monday through Friday. ~Vhen holidays fall on a weekday, the collection shall be made within the next day. I~. Whenever a residence notifies the Service Provider of locations which have not received scheduled service, the Service Provider is required to service such locations before 6:00 p.m. of the same day when notified prior to noon. When notified after noon, the Service Provider shall service such lacations nat later than naan af the fallowir~g day, excluding Sundays. E. Residents who are elderiy or physically disabled and are unab~e to place their containers at the designated location, may request "walk-up" service from the Service Provider, whereby the driver will service those containers from the house access that is nearest the designated collection point. A. The Service Provider shall direct all requests for service level changes to the City. The size and numbers of containers shall be selected by the resident/owner (through the City), who may change their level af service manthly at na additional char~~, Offi_cial ~hang~s u~~ll be made through the City and the Service Provider will be notified. The Service Pravider may r~move containers from properties when the C~ty d'ascontinues service to a residence. F. All refuse and recycling materials placed far callection shaIl be owned by and be the responsibitity of the occupants of the residentiai properties until collection by the Service Provider. Upon colleetion of the refuse materials by the Service Provider, the solid waste ~ becomes the property and responsibility af the Service Provider. Ali Garbage and Refuse shall be transparted to, weighed-in at, and dispased of at a salid waste facility that is approved by the City. G. The Service Provider customer service office shall be staffed from at least 7:00 a.m. to 4:30 p.m., Monday through Friday (except holidays}. 4.702 DEFINITIONS A. Residence shall mean all single-family dwellings, doubie bungalows/duplexes, apartments, town homes, condominiums and other living quarters. B. Multi-dwellin~ properties mean any residence with more than four separate living quarters including, but not li~nited to, apartments. C. GarbaQe shall mean organic (non-hazardous} waste resulting from any source. D. Rubbish shall mean all inorganic (non-hazardous) refuse matter that accumulates in the ordinary operation of a household including but not limited to stone, sod, earth, concrete, and 84 building materials resulting from remodeling a residence on the property at which these materials have been placed, along with rnattresses, chairs, couches, tables, and other such items of furniture. Ea Recyclable Materials shall mean newsprint, glass bottles and jars, aluminurn, steel and tin cans, cardboard, plastic beverage bottles, mix paper, phone baoks, magazines, and any other materials as required by the City and agreed to by the Service Pr~vider. F. Yard waste shall rnean garden waste, leaves, lawn cuttings, weeds, and brush. G. Brush shall mean branches, trees and shrubs of less than four (4) inches in diameter. H. Receptacle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable container,' `cans,' or `containers,' shall be of such size and forin as to permit Collection and handling by one person. A single cart shall nat exceed 96 gallons. I~ Ti~ping Fee shall mean the charge per ton assessed to the Service Provider by the City approved solid waste disposal facility for disposing Refuse and Garbage. Tipping Fee excludes any taxes and/or surcharges. J. Electronics shalt mcan telivisions, stcreos, ~~~'s, DVD players, computers, can7put~r monitors, and any other similar device so defined by the State of Minnesota. K. White Goods shall mean household appiiances inciuding but not limited to clothes washers and dryers, dishwashers, water h~aters, garbage disposals, trash compactars, conventional and microwave ovens, ranges and stoves, air conditioners, dehutnidifiers, refrigerators, and freezers. L. Refuse sha11 mean garbage, rubbish, yard waste, br~esh, electranics, and white goods, and reeyclable materials if discarded in the non-recycling container by the residence. M. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the provided container (although still limited to three garbage truck hopper loads) as part of the regular service charge. N, Limited Service means additional fee-based service for the col lection of household items, furniture, extra garbage, and rubbish that does not fit into the provided container and is not part af the regular service charge. O, Livin~quarter rneans singIe family home and each separate rental unit of a multi-dwelling property. 4.703 GARBAGE GENER.~iL REC~UIREMENTS B. Each residence shall have its refuse and al1 other permissible items collected a minimum of once each week. C. The Serv'rce Provider shall provide each residence with a garbage container (wheeied carts with attached lids) or dumpsters that meet federal standards and have fly-tight lids. Except as otherwise set forth herein, all containers furnished by Service Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replaceinent container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof 85 D. Full Service Collection for nan-rnultiple dwelling properties, shall consist of one 96-gallon or one 64-gallon capacity garbage container, with full service sticker, provided by the Service Provider, Service Provider shall only collect up to 200 gallons (3-96 gallon carts} or 1.5 cubic yards of eXtra material outside a residence cart. Collection of materials in excess of this amount can be provided by the Service Provider at an additional cost to the resident. Additional Full Service Collection includes: 1. Christmas tree collection during the first two weeks of January, per living quarter unit. 2. Additional amounts of non-garbage household rubbish (within the limits described above), such as stone, sod, earth, concrete, and building materials resuiting from remodeling of the residence on the property at which these rnaterials l~ave been placed. Where practicable, such items will be bagged, boxed, or bundled. 3. Carpeting, carpet padding, mattresses, chairs, couches, tabies, and other such items of furniture. These items must have come from the property where placed for col~ection. 4. One white good item each calendar year for each living quarter unit at no charge (tracked by the Service Provider}. E. Limited service will consist af one 64-gallon capacity container, as provided by the Service Provider. All materials subject to collection shall be fully contained in the designated container with closed lids. Callection of materials outside of the provided cantainer can be provided by the Servi~e Provider at an additianal cast to the resident. Additional Limited service includes, Christmas trees and white goods collection as described in C- 1& 4 above. F. Low-valume collection service shall consist of one 32-gallon capacity garbage cantainer, as provided by the Service Provider. All materials subject to coliection shall be fu(1y contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Service Provider at an additional cost to the resident. Additional Low-volume service includes, Christmas trees and white goods collection as descrihed in G 1& 4 above. G. Multiple dwelling properties. Service Provider shall provide each muitiple dwelling with at least one standard dumpster (1 cubic yard eapacity) or equivalent number of 96-gallon containers and collections, a minimum of once/week. Multiple dweliing properties rnay not have extra garbage or rubbish crutside of the provided container, exce~t for large household items such as furniture items, carpet, padding, and mattresses. Property owner/manager must cali the Service Provider in advance of collection. CaIIection of materials outside of the provided eontainer (other than previousIy noted) ean be provided by the Service Pravider at an additronal cost to the owner. Additional services/living quarter unit inciudes, Christmas trees and white goods collection as described in G 1& 4 above. 4.704 RECYCLING GENERAL REQUIREMENTS A. Iteins designated for recyeling shatl be tisted by the City Manager to be part of an authorized recycling program. B. Ownership of recyclable materials set out for the purpose of participating in a curbside recycling program shall remain with the person who set out the materials until removed by the authorized collector. The person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper 86 handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the callector. C, Recyclable Materials generated from residences with single sort containers will be collected a minimum ~f once every other week. D, The Service Provider shall be responsible for distributing all properly labeled (with instructions) recycling containers (wheeled carts with attached lids) to the residents/property owners. All containers furnished by Service Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or darnage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due ta theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Muitiple dweItit~g unit directly far the cast of the cantainer and deiivery th~reaf. E. The Service Provider shall be responsible for collectian of recyclable materials from containers at residential properties in the City. Additional recyclable materials will be ec~llected outside of the coratainer wh~n bagged c~r bo~ed that meets Service Provider specified procedures. Fa If tl~e Serviee Provider determines a recycling container is too contaminated with non- recyelable materials, Service Provider may collect the material as refuse. The eontaetor will notify the resident of contamination issues and pravide information for proper preparation of recyciing. Collection af cantaminated recycling materials can be provided by the Service Provider at an additional cost to the resident. G. City of Columbia Heights Recycling Center. City of Columbia Heights Recycling Center. A11 items collected curbside will also be collected at the recycling center with the addition af scrap rnetal, used oit, oil filters, and rimless tires. The Center may be utilized by area businesses and residents. Used oil, oil filters, and rimless tires may 6e delivered only by Columbia Heights residents for non-business proposes. Further, rimless tires are limited to four car or light truck tires per resident for every year. The City may, at the C'rty's option, add ar remove Recyelable items eollected at the Drop-0fF Reeycling Center or discontinue the Program entirely. 4.'705 OTHER REFUSE GEI~IERAL REQUIREMENTS A. The Service Provider shall organize residential coliection af etectronic deviees that ar~ banned from the solid waste stream by the State of Minnesota, Anoka County, and the City of Calumbia Heights. The Service Provider shall provide each residence and multi-dwelling living quarter unit an electronics (including those items not banned) curb-side collection service weekly, although this service wili be fee-based and negotiated directly between the Service Provider and the resident requesting the service. ~ B. The Service Provider is responsible for weekly collection of yard waste and brush from non- multiple dwelling properties during the growing season (April 1- November 30). Yard waste and brush col(ected from non-multiple dwelling properties shall occur on the saine collection day as refuse. C. Yard Waste eollection shall be limited to only those materials placed in authorized disposable containers that meet State of Minnesota, Anoka County, aild City of Columbia 8~ Heights requirements. The Service Provider sha(1 notify residents on the specifications for Brush callection. D. Each property is authorized one white good item each calendar year, for each living quarter unit, at no charge (tracked by the Service Provider}. Additional items can be charged by the Service Provider at an additional cost to the resident. Arrangements and billings for appliance collections will be handled directly by the Service Provider. 4.706 REFUSE SERVICE RATES AND RULES. (A) Charges. The Council shall by resolution fix all charges and penalties for refuse and recycling service rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for refuse billing by division (C) of this section. (B} Owner liability for charges. In biIling refuse service the rates shall be applied by container size and service leve]. The property owner shall be liable for refuse and recycling service io the praperty aw~ner's praperty, whether ihe ov~ner is occupying the pro~erty or not, an~ any charges unpaid shall be a lien upon the property. (C) St~atements; deZinquent bills, stop-serviee for- non~ payment,• resumption of services. (1) AccounCing. The administratian services of the city shall provide far a method af periodic accounting and recording of refuse service level at each location throughout the eity. Bills shall then be calculated ta include penalty and extra service charges; minimum charges for availabitity of refuse services, regardless of usage; and other charges as necessary and appropriate for revenue for the maintenance and operation of the city refuse budgets. (2) Statements. The administrative service shall mait said utility bills to the owner at the address listed for each specified location or to such address as the owner of record may request in writing. (3) Due date. Utility bills are due and payable on the tenth day of the month following the date of the postmark. Any bill not paid by the close of business on the tenth day of the month following its mailing is delinquent, at which tirne a charge established hy the City Council shall be added to the billing. Partial payments shall be considered as payment towards most dated amounts billed. (4) Delinqicent bills. The administrative service shail ascertain all utility hills that are dePinquent after the tenth day of the month and mail notice of such detinqueney to the accupant of the location by the twentieth day of the same rnonth. If such bill remains unpaid at the tast day of the month in which the delinquency notice was sent, the ad~ninistrative service shali send a second writteil notice of such delinqtiiency. Said notice shatl include a statement that refuse service will be discontinued unless full payment is received by the tenth day of the mo~~th following the i~nonth in which the first delinquency notice was mailed. Before the refuse and recycling service will be continued, the entire account, including any current charges must be paid along with and including the charge established by the Council for penalties. Refuse service will only be provided during regular working hours. If utility bills are not paid, the bills may be levied against the property owner prior to continuing refuse service, and proof of levy payment must be provided to the administrative service prior to said service being turned back on. (5) Shut-offfor rrorr paymenl. Refuse and recycling service may be discontinued at any time thereafter, suubject to the following exceptions: Service may not be discontinued in this manner for: 88 (a} Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building whicli does not have a separate utility bill for each separate tenant, lessee, or occupani unit. (b) Any person who has filed with the Finance Director a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest. (6) Shut-offfor non payment zsnder subdrvision (C)(S)(a). (a) Refuse and recycling service may be discontinued under circumstances described in subdivision (C)(5)(a) by providing 30 days' written "Final Notice" to each individual tenant, lessee or occupant. (b) Upon expiration of 25 days of said 30-day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the detinquent utility bills remain unpaid. (7) Shut-offfor non payment under subdivision (C)(S)(b). Under circumstances described in subdivision (C)(5)(b), the administrative service shall investigate the basis for the protest and iss~e a repart of its findings ta the aggrieved party. Whert so warrar~ted by the res~lts of the investigation, refuse and reeycling service may thereafter be terlninated upon 24 ho~.irs' notice. (8} Cert~ccation of delinquent bills. `I'he Council may certify unpaid and delinquent refuse bills ta the County Auditor annually for callection pursuant to the provisions of M.S. § 444.075, as it may be amended fram time to time. (D} Utility service bills payable at Finance Department. All b~lls for water and other services are payable at the office of the Finance Department during regular working hours, or as otherwise provided by said Finanee Department. 8s ~ v w~ ~, ~ } >; ~ ~ ~ .~ ,~ , ~~ ~ = .~ § 5.603 GARBAGE COLLECTIONS. (A} Na person shall engage in or conduct the business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provisions of Anoka County Operating ~nc! ~ase ~icenses and the Solid Waste Managerr~ent Coordinating Board. (B) For the purposes of this section, the following de~nitions shall apply unless the conte>ct clearly indicates or requires a different meaning. AUTHORIZED RECYCLINGPROGR.4M, A program for the collection and recycling of recyclable materials which are instituted, sponsored, authorized or controlled by the city. GARBAGE, Organic refuse resulting from the storage or preparation af food and decayed or spoiled food ,: ~e6tl ;- ~ , : , ~: = ~:. ~ _ " ~" ~, ~~_ from any saurce. RECYCL4BLEMATERIALS, All items of garbage and rubbish designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. RUB~I.~H, All ir~organic refuse, such as, but not limited to, ~~ ~~~ ;, glass, ~-~.~ ~ _ __ r, ., . ;,~~;, and ashes. SCAVENGING, The unauthorized collection of recyclable materials that have been set out by residents of the city specifically for participating in curbside recycling programs. (C) (1) Licensees shall provide a covered receptacle for the starage of collected solid waste. The receptacle sha(I be constructed so that the stored contents wiN r~at 6~ak ar spil6 ~h~refrorr~. Th~ receptacle ~ha61 be kept as elean ~e~d fr~e fror~ offensive odars a~ possible. (2) ~icensees under this section shalf be required to make aE{ coilectio~s between the hours of 6:00 a.m. and 10:00 p.m. and shall make collectians in a manner that wiRl minimize traffic disruption. (D} The licensee under this section, or any employee thereof, shall issue a natice ta all eustamers and users of the licensee`s services whenever garbage, rubbish and recyclable materials removal is not effected in accordance with the terms of the contract between the city and the licensee. Such notice shall indicate the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the city. 90 , ~ ~ <,: , ~ > ~ ~ ~~ ; >, ~ ~;. .~. . , ~ .. w~ , ,.:` ~ .. ~ 2 ~ . w ~. ~.~ . § 5A.205 RUBBISH, GARBAGE, RECYCLING, AND COM POSTING. (A) .~ceumulation r~'ruf~,bish ~rg~rb~g~. Aii e~erior praperr~yy and premises, and the interior of every structure, shall be free from any accumuiation of rubbish ar garbage. (B} Disposalofrubbish. Every aecupant of a structure shail dispose of all rubbish in a clean and sanitary manner as established by city code. Rubbish, garbage, recycling, yard waste, ~r~d appliances shal! , ~-be plaeed ~ . , „ . , _w (~; R.ubbish, garbagA recycling, ~nd c~rnpQSt,%n~ Re~bbi~h, garbage, r~c~~eli ~9, yard waste, and composting shall be regulated in accordance with Cl~a~ter ~, Articie III of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 609.675. (D) Containerstorage. The starage of garbage and recycling, and their cantainers, is not allawed in any public area inside of structures unless specifically allowed by the Minnesota State Building Code and the Minnesota State Fire Code, (E) .~creening. All dumpsters and refuse containers for dwellings of three or mor~ units shall be screened from all pub9ic raads and adjacent residentia3 uses of property. Screening shall consist of any cambination of earth maunds, walfs, fences, shrubs, compact evergreen trees, or dense deciduous hedge six feet in height. Hedge materials must 6e at least three feet in height, and trees must be at Peast six feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this division, density and species of planting shall be such to achieve 75% opacity year-round. (Ord. 1532, passed 11-26-07) Penalty, see § 5A,.6Q2 ~ ~~ . , - ~ ~ ~. ~ ; . ~ ~ ~ ~ ~ ~ ~, .~ ~:v~ ~~ , ., m . . § 8.301 STORAGE CONTAINERS. 91 (A) (1) Every person who owns or occupies property within the city for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. (2) Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by division (F) of this secti~n. (3) For purposes af this code: COMPOSTING. Any above ground microbial pracess that converts yard waste to organic soil amendment or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. GARBAGE, Organic refuse resulting from the preparation of food and deca ed ~~~ ~-s oiled foodr ~, ~;_ ,: ~ .~ Y P ~~ ~` ~ ~ ~~ fram any saurc~, RECYCLABLEMATERIALS. All items of refuse designated by the City Manager to be a part of an autharized recycling program and which are intended far transportation, processing and remanufacturing or reuse. RUBBISH. All inorganic refuse matter such as ~~ ~:~rv __ _„ ~~;, glass, - _ , _ ~;, ashes, and the like. SHEET C(~MPQSTING. The spreading, in~orporation or application of raw or camposted yard waste anto land. YARD WASTE, Grass, clippings, leaves, weeds, garden waste, twigs and branches less than four inches in diameter. (B) (1) Every person respansible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall use ' ~. , <.~_. _, . containers for the starage of such matter between periads of collection, one or more ~ = -__. garbag~ contai~~rs ~~~. ._.~ ~ ~ ~ ; The containers shall be tightly covered ta prevent expasure af the cor~tents ta ~~tential fly or vermin infestation and shall be provid~d with handles far ease of (ifting. Containers for the storage af garbage and rubbish sha(I be maintained in a manner which will prevent the creation of a nuisance or menace ta the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. (2) Disposal of yard waste shall be from ,~~ ~~ ~ : ~ _ _ . ~ _ : ~-~_„ ~ ~ r - ~ bags t..~ ~ ~. ~ , ; ~ F~: =:: ~: _ ~ ~ -~~, or a permanent ventilated - ~~~~ ~ ~~ ~~-filytight metal or thermoplastic container which is clearly identified as containing yard waste : . Containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken ar 92 93 94 95 CITY COUNCIL LETTER Meeting o£ March 22°d, 2010 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT• CITY MANAGER RESOLUTIONS PITSLIC WORKS • TI'EM: CONSERVATION WATER RATE STUDY AND BY: K. Hansen BY: UTILTTY RATE RECOMIVVIENDATIONS DATE: 3/17/10 DATE: Background: The 2008 Legislature added a new requirement for all Metro Cities to incorporate conservation rates to their water rate structure. A copy of Statute 103G.291, subd. 4. Conservation rate structure required is attached. The rate structure must be in place by January 1, 2010 and needs to be submitted to the MNDNR by that date. Analysis/Conclusions: Water Conservatian Rates: The consulting firm of SEH was hired by the City in August of 2009 to prepare a rate study to meet the minimum requirements of the State Statute. The legislative goal is to encourage and implement water conservation. There are various means that may be implemented to meet the statutory requirement - such as inciining black rates, seasana~ rates, tirne of use rates, individual goal rates and excess use rates. The study evaluated and recommends the most viable rate structure for the City of Columbia Neights to use is the inelining block rate structure. An inclining block rate structure wili establish a different (higher) rate at an ~S~c'i~'i~iS~let~ t~t~'eS~SvICi ~~`v'e~i ~G tiiSGOili'a~~ `vVa~ei i.ISG auGV~ ~~1~5~ CGiiSiAYTij`3tIOT1 ~2J~IS. ~i7 C~~iai~, iii~ ile"w ii~i iGT' water conservation rates are as follows: ~ ^ Residential Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential - Less than 1 inch Meter Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential - 1 ineh Meter or lar~ ^ Second tier rate is for v~~ater use greater than 250,000 gallons/quarter. ^ Irrigatian Meters The canservation rate appEies to alI water run through sprinkler Pneters. (This is a primary purpose of conservation rates and is expected by NINDNR). The minimal acceptable charge (to the MNDNR) for the second tier is a 25% premium over the Lower Tier. Under the current rate plan, the following rates vvould be proposed through 2012: 2010: Base Rate ($3.168/1,000 Gal), Second Tier ($3.96/1,000 GalIons} 2011: Base Rate ($3.295), Second Tier ($4.119) 2012: Base Rate ($3.427), Second Tier ($4.284) Staff has developed rates that will only affect the top 20 percent of water users, but those are consuming an average of 51 % of the total water usage. Reference table l below for meter class splits and consurnption. 96 CITY COUNCIL LETTER Meeting of: March 22"d, 2010 AGENDA SECTION: OTHER ORDINANCES APdD ORIGINATING DEPARTMENT: CITY MANAGER RE50LUTIONS PUBLIC WORK.S ITEM: CONSERVATION WATER RATE STUDY AND BY: K. Hansen BY: UTILTTY RATE RECOMII~NDATIONS DATE: 3/17/10 DATE: Utilitv Rates Update The City of Columbia Heights conducted its first utility rate study in 2003 for the development and impleinentation of equitable rate structures for sanitary sewer, storm sewer, and water utilities over a 5-year period. The engineering consulting firm of SEH reviewed various rate scenarios for our water, sanitary sewer, and storm sewer. This was done to ensure that the necessary revenues would be available for debt repayment and the uninterrupted operation and maintenance of these services. It shauld be noted that the Refuse Fund was not included in the original rate study. The adopted Rate Plan carries thraugt~ years 2008 - 2012. The City is naw in the middIe of this established 5-year rate structure, adopted by the council in June of 200~. We have approximately 3-1/2 years operating experience under this rate structure and recommend an update for a 5- year rate plan for our utility enterprise funds, further anaiyzing the impacts of governmentai mandates, the Capita~ Iinprovement Program (CIP) and debt service. It should be reminded that the CIP for all utility departments was reduced over the original five-year rate study period, the reduction in the water CIP by nearly fifty percent, to lessen potential rate :nc~eases. The pefuse ar,d P.~cycIing ~perati:,ns wer,t thrcu~h charges ;r~ 2C309 ine,u~in~ ~u~lic ~iddirg resulting in a new disposal contractor and significant increases in the tipping fees a~ the RRT. The result is an overall cost increase of nearly 12% for the refuse, recycling and hazard waste enterprise fund. Rather than a single significant rate adjustment, staff proposes phasing in smaller rate increases along with using fund balance. For the 5 years from 2010 to 2014, staff would propose rate adjustments of 6% (mid-year), 5%, 5%, 4% and 3%. This woutd require using fund balance af $I OOk, $60k, $30k in years 2010, 2011, 2012, respectively. Rates will cover fund expenses beginning in 2013. Staff recominends tnaintaining the 200'7 adopted rates in sanitary sewer, s~or~n sewer, and water funds through 26~I2. Staff is recommending extending the rate plan thru 2014 only adjusting for inflationary increases. Staff recomrnends a 3% increase in eaeh of these funds in 2013 and 2014 for a rate plan (S-yr term} cansistent with Refuse. Modest increases such as these are recammended to cover inflationary increases in operations and maintenance, annual increases from MCES (sewer disposal), annual increases from the MWW (water soiirce), and inereased regulatory impacts in storm sewer operations and inereased responsibilities for storm water permitting (NPDES}. The sanitary sewer fund also has a credit from MCES that will end that decreased our annual fee by about $30,000. Reeammended 1Vlotion: Move to waive the reading of Resolution 2010-I5, there being ample copies available to the public. Reeommended Motion: Move to adopt Resolution 2010-15 which establishes Conservation Water Rates using an inclining block structure beginning in April of 2010, and establishes utility rates for Water Service, Sanitary Sewer Service, Storm Sewer and Refuse for 2010 through 2014. KI-l:kh 97 CITY COUNCIL LETTER Meeting of: March 22"d, 2010 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT: CITY MANAGER RESOLUTIONS PUBLIC WORKS ITEM: CONSERVATION WATER RATE STUDY AND BY: K. Hansen BY: UTILITY RATE RECOMMENDATIONS DATE: 3/17/10 DATE: TABLE 1 Meter Size Un~ler 1 Irs~:h ~ I tl ~: ~l 1 .~ I nct~ 2 Inch ~ ~ { r-~ ch Total Consumption Top 20% Consump 11 1 ,139~ ,1 ~~ ~ ,~~~ ~~~ 1 ~ ,~~3 ,~~J~ ~ ~ ,2~9 ,~~~ ~,~~~,01~ 5~ ,~3~ ,~60 ~ ,~~~ ~~~ 8 ~26 ~8D ~ ,~ C~8 ,~ ~~ 4 ,~~t~ ,~~0 1 ~~ ~E2~ ,~~~ 80 ,1 ~ 1 ,32'~t Percent Used by Top 20 % ~F ~ °~4 ~ 1 °~`o ~~ °~'`~ 6~ °'~'~ ~8 °'~'~ ~ 1 °~`~ COtJNCIL ACTION: ~ 98 RESOLUTION 2010-15 BEING A RESOLUTION SETTING RATES ON PUBLI~C UTILITIES, INCLUDING SEWAGE DISPOSAL, WATER SUPPLY, STORM SEWER AND REFUSE IN THE CITY OF COLUMBIA HEIGHTS WHEREAS Minnesota State Statue 103G.29 and related administrative rules issued by the Minnesota Department of Revenue impose a mandate on Minnesota cities to implement water utility conservation rates that discourage nonessential water use on or after January 1, 2010, and; WHEREAS, the City af Cc~Itunl~ia Heights bills utitity charges an a q~aarterl~ basis, and; WHEREAS under this billing system, charges for water consumption periods begillning on or after Jan~iary 1, 2Q10, are customarily determined and billed on or after April 1, 2010, and; VJHEREAS under this billing system, charges for all other utility types with billing periods begim~ing on or after January l, 2010, are also customarily determined and billed on or after April 1, 2010, BE IT HEREBY RESOLVED by the City Council of the City af Calumbia Hei~hts, that: In accordance M.S. 103G.29, and with the operating costs and rates to be paid by the City af Columbia Heigllts to the Metropolitan Council Environmental Services and the Minneapolis ~/ater Department and other primary vendors of the City's utility funds, the following rates shall be effective for all billings rendered on or after April 1, 2010: VVater Supply Conservation Rates: Second tier rates established in sectian 2 below, appty as fotlows: ^ Residential Second tier rate is far water use greater than 25,000 gallons/quarter. ^ Nonresidential - Less than 1 inch Meter Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential - 1 inch Meter or iar~er Second tier rate is for water use greater than 250,000 galtons/quarter. ^ Irri~ation Meters: The Second Tier rate applies to all water run through sprinkler meters. 2. Water Supply I2ates: Customer Classification Year 2010 2d11 2012 2013 2014 Residential Fixed Fee $14.81 $21.39 $22.89 $23.58 $24.28 Tier 1Rate per 1000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 Tier 2 Rate per 1000 Gallons $ 3.96 $ 4.12 $ 4.28 $ 4.41 $ 4.55 Water Meter Suroharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 Senior Fixed Fee $14.71 $16.29 $17.79 $1832 $18.87 Tier 1Rate per 1000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 Tier 2 Rate per 1000 Ga(lons $ 3.96 $ 4.12 $ 4.28 $ 4.41 $ 4.55 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 Non-Residential Fixed Fee $19.81 $21.39 $22.89 $23.58 $24.28 Tier IRate per 1000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 Tier 2 Rate per 1000 Gallons $ 3.96 $ 4.12 $ 4.28 $ 4.41 $ 4.55 99 3 4 5 6. Sewer Disposal Rates: Residential Fixed Fee Rate per 1000 Gallons Maximum charge at 25,000 gallons Senior Fixed Fee Rate per 1000 Gallons Maximum charge at 25,000 gallons Non-Residential Fixed Fee Rate per 1000 Gatlons Storm Sewer Rates: Refiise: Land LTse R-1 R-2 R-3 R-4 RB LB G~ CBD I I-1 MWW Container Size 32 60 90 Senior Recycle & Yard Waste P~Iultipie Dwelling Refiise: Unit (per dumpster} 1 yd service l -1/2 yd service 2 yd service 3 yd service 4 yd service 6 yd service 8 yd service Recycling w/o yard waste $18.24 $18.78 $19.34 $19.92 $20.52 $ 1.98 $2.04 $2.10 $2.16 $2.22 $65.65 $67.62 $69.65 $71.75 $73.90 Year 2010 2011 2012 2013 2014 $13.14 $13.68 $14.24 $14.67 $15.11 $ 1.98 $2.04 $Z.10 $2.16 $2.22 $65.65 $67.62 $69.65 $71.75 $73.90 $18.24 $18.78 $ I 934 $19.92 $20.52 $ 198 $ 2.04 $ 2.10 $ 2.16 $ 2.22 Year 2010 2011 2012 2013 2014 $2.92 $2.99 $3.06 $3.15 $3.25 $2.92 $2.99 $3.06 $3.15 $3.25 $1325 $19.73 $20.22 $20.83 $2I.45 $19.25 $19.73 $20.22 $20.83 $21.45 $37.46 $38.40 $39.36 $37.45 $38.57 $37.46 $38.40 $39.36 $37.45 $38.57 $42.34 $43.40 $44.49 $45.83 $47.20 $42.34 $43.40 $44.49 $45.83 $47?0 $33.05 $33.$8 $34.73 $35.77 $36.85 $37.46 $38.40 $3936 $40.54 $41.76 $4.64 $4.76 $4.88 $5.03 $5.18 ~'ear 2010 2011 2012 2023 2014 $32.13 $33.74 $35.42 $~6.84 $37.95 $33.66 $35.34 $37.11 $38.59 $39.75 $41.98 $44.08 $46.2& $48.13 $49.58 $31.8Q $33.39 $35.06 $36.46 $37.56 $11.59 $12.60 $13.67 $14.80 $15.93 Year 2010 2011 2012 2013 2014 $110.19 $115.70 $121.49 $126.35 $130.13 $150.35 $157.87 $165.76 $172.39 $177.56 $175.57 $184.35 $193.57 $201.31 $207.35 $226.01 $237.31 $249.18 $259.15 $266.92 $276.45 $290.27 $304.79 $316.98 $326.49 $37732 $396.19 $416.00 $432.64 $445.61 $415.71 $436.50 $458.32 $476.65 $490.95 $5.46 $6.41 $7.25 7.82 $8.28 2 YARD COMPACTED COMPUTED AS 6 YARD NON-COMPACTED 100 BE IT FURTHER RESOLVED that all foregoing rates do not include State fees or Sales Tax, and BE IT FURTHER RESOLVED that all State fees and t~es will be added to the utility bills in addition ta the foregoing rates. Dated this 22°d day of March, 2010 Offered by: Second by: Roll call: Attest: Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk/Co~ancil Secretary 101 MINNESOTA STATUTES 2008 103G.291 103G.291 PUBLIC WATER SUPPLY PLANS; APPROPRIATION DURING DEFICIENCY. Subdivisron 1. Declaration and conservation. (a) Tf the governor determines and declares by executive order that there is a critical water deficiency, public water supply authorities appropriating water must adopt and enforce water conservation restrictians within their jurisdiction that are consistent with rules adopted by the commissioner. (b) Th~ restrictions must limit la~n sprinkli~g, vehicle washing, golf colirse and park irrigation, and other nonessential uses, and have appropriate penalties for failure to camply with the restrictions. Subd. 2. Modification of appropriation for noncompliance. Disregard of critical water deficiency orders, even though total appropriation remains less than that permitted, is adequate grounds for immediate modification of a piibiic water supply authority`s water use permit. Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier serving more than 1,000 peopte must submit a water supply pian to the commissioner for approval by January 1, 1996. In accordance with guidelines devetoped by the commissioner, the plan must address projected demands, adequacy of the water supply system and planned improvements, existing and future water sources, natural resaurce impacts or limitatians, emergency ~,':'~'~2T'~G~T1:33, :xJ~'ut:; C~T:Ber:'c2~1~i1, SLt~~S~ j/ 2~:'~ ~~iTlftTl`~ I'~C~.LtC~I^vii T'il~,'uSiAC~,S, ?tC2fi uilv^CutiCii priorities that are consistent with section 103G.261. Public water suppliers must update their plan and, upon notification, submit it to the commissioner for approval every ten years. (b} The watei- supply plan il1 paragraph (a) is required for all communities in the metropolitan area, as defined in section 473.121, with a municipal water supply system and is a requirec~ element af the 1oeal camprehensive plan required under section 473.859. Water supply plans or updates submiYted after December 31, 2008, must be eonsastent w'rth the metropolitan area Inaster water s~Epply plan required under section 473.1565, subdivision 1, paragraph (a}, clause (2}. (c) Public water suppliers serving more than 1,000 people must employ water use demand reduction measures, including a conservation rate structure, as defined in subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), before requesting approvai from the commissioner of health under section 144.383, paragraph (a), to construct a public water supply well or requesting an increase in the authorized volume of appropriation. Demand reduetion measures must include evaluation of conservation rate structures and a public educatian program that may include a toilet and showerhead retrofit program. (d) Public water suppliers serving more than 1,000 people must submit records that indicate the number of connections and amoLU~t of use by customer category and volume of Copyright ~O 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 102 2 MINNESOTA STATUTES 2008 103G.291 water unaecounted for with the annual report of water use required under section 103G.281, subdivision 3. (e) For the purposes of this section, "public water supplier" means an entity that owns, manages, or operates a public water supply, as defined in section 144.382, subdivision 4. Subd. 4. Conservation rate structure required. (a) For the purposes of this section, "eonservation rate structure" means a rate structure that encourages eonservation and may include increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess use rates. The rate structure must consider each residential unit as an individual user in multiple-family dwellings. (b) To encourage conservation, a public water supplier serving more than 1,000 people in the metropolitan area, as defined in section 473.121, subdivision 2, sha1l use a conservation rate structure by January 1, 201 Q. A11 remaining public water suppliers serving more than 1,000 people shall use a conservation rate structure by Jan~zary 1, 2013. (c) A pubtic water supplier without the proper measuring equipment to track the amount of water c~sed by its users, as of Ju1y 1, 2008, is exempt from this subdivision and the canservation rate structure requirement under subdivision 3, paragraph (c}. History: 1990 c 391 art 7 s 31; 1993 c 186 s 6; 2007 c 131 art 1 s 57; 2008 c 363 art S s 20, 21 Copyright '~ 2008 by the Revisor of Statutes, State of Minnesota. All Riglits Reserved. 103 ClTY OF C(:~~UMBIA HEIGHTS (F~ Utility Rate Study Update Columbia H~eights, Minn~sata SEH No. ~OLHT 109903 March 17, 2410 104 March 17, 2010 Mr. Kevin R. Hansen Public Works Director/City Engineer City of Columbia Heights b37 38`'' Avenue 1`lE Columbia Heights, MN 55421 Dear Mr. Hansen: RE: Utility Rate Study Update Columbia Heights, Minnesota SEH No. COLHT 109903 Dependable sewer, water and storm sedver syst~ms are ~anong the most ianportant services a~ity can provide to pramote the health and welfare af its citizens. In addition, promoting conservation through equitable water rates ens~res a pratectian of one our most important natural resources, clean drinking water. The development and implementation of equitable rate structures for these utilities ensure that the necessary revenues will be available for continuous operation and maintenance of these systems. Short Elliott Hendrickson Inc.° (SEH) is pleased to sti~bmit the attached Utility Rate Study for the ~City ~f C~~ttmbia ~-leights in a~eardance v~~ith your autharizatic~r~. `'I'his study is based on ~he scope listed in our Augus~ 10, 2009 proposal. ~ We would be pleased to review this report with you in detail at your conven'rence. Sincerely, Douglas E. Klamerus, PE Project I~!Ianager dek s:\ae\c\colhtU 09903\20I0_otilratestdy_update.docx 105 Utility Rate Study Update Update Columbia Heights, Minnesota SEH No. COLHT 109903 March 17, ~OIO I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Douglas E. Klamerus, PE Date: March 16 2010 Lic. No.: 40893 Short Elliott Hendrickson Inc. 3535 Vadnais Cerlter Drive St. Paul, MN 55 1 1 0-5 1 96 651.490.2000 106 June 25, 2007 Table of Contents Letter of Transmittal Certification Page Table of Contents 1.0 Egecutive Summary ....................................................................................................2 l.l Background ..........................................................................................................2 1.2 Water, Wastewater, Storm Water and Refuse Funds ........................................... 3 13 Recommendations ................................................................................................ 5 2.0 Introduction ................................................................................................................. 6 2.1 Authorization ........................................................................................................6 2.2 Scope .................................................................................................................... 6 2.3 Conservatian Rate Structure .................................................................................6 3.0 Analysis af Billing Data ................................................. Errori Boakmark not defined. 3.I Enterprise Fund Cash Balances .......................... Era-ar! Bool~aar~ a~mt defiateai. 4,0 Projections ....................................................................................................................8 4.1 Connecti~n and Populatian Projeetians ................................................................ 8 4.2 Projected Water Sales and Wastewater Flows ..................................................... 8 4.3 Projected Capital Improvement Plan .................................................................... 9 4.4 Prajecicd ~evenue and Expenses ....................................................................... lU 5.0 Proposed Rates ..........................................................................................................11 5.1 Rate Structure Philosophy .................................................................................. I 1 5.2 Summary af Praposed Rates .............................................................................. 11 5.3 Futur~ Rate Anatysis ..........................................................................................14 List of Tables Table 1- Total Utility Bill Comparison ........................................ Table 2- Water Rate Coinparison ................................................ Tabie 3- Sewer Rate Comparison ................................................ Table 4- Storm Water Rate Comparison ...................................... Table 5- Population and System Connection Projections............ Table 6- Projected Water Sales (Gallons) .................................... Ta61e 7 - Projected ~Vastewater Flows (Gallons) ......................... Table 8- Projected Capital Improvement Plan .......................... Table 9- Proposed Quarterly Water Rates ................................ 'Tab(e 10 - Proposed Quarterly Sewer Rates .............................. Table 11 - Proposed Monthly Storm Water Utility Rates.......... Table 12 - Proposed Refuse Collection Rates ............................ .........................................3 .........................................4 .........................................4 .........................................5 .........................................8 .........................................9 .........................................9 .........................................10 .........................................12 .........................................13 ..........................................13 ..........................................14 COLHT 109903 Page 1 107 Utility Rate Study Update Prepared for City of Columbia Heights 1.0 Ezecutive Summary 1.1 Background The Columbia Heights City Staff and SEH completed the last rate study in June 2007 and included recommended rates for the years 200'7-12. C~ty staff and SEI~ begara working in Spring of 20QS' to review the fin~ncial status of each fund and provide recommendations far each of the utility fitnds through 2014. In addition to the water, sanitary sewer, storm sewer and refuse funds which were in included in the 2007 study, this study also includes a conservation rate structure for the water fund. Since 2007, the funds have trended in a pasitive cash t7ow direction, a result of annual rate increases. However, most utility funds remain below recommended cash balance goals to provide adequate reserve far 1 Years Operations and Maintenance expenses plus ernergency coniingencies. ~ Historical records were used to compare revenues and expenses for the past 5 years, and the current health of each fund was evaluated. Governmental mandates and new technologies were researched to deterrriine what their impact rr-ight be on the future casts to aperate eaeh utility. Tn addition, the 5-year CapitaI Improvement Plan was reviewed and updated. Other issues which could affect the future expenses within each utility were researched. Puture expenses were then prnjected for the years from 2010 thraugh 2014. Using the projected expenses over the next 5 years as a guid~, recoinmended rate changes were developed to maintain or slightly increase the cash balance of each fund. These rates were tested to see what happens to each of the utility funds. The analysis concluded that large deficits are expected to occur if the rates are left as is. The existing rates would not provide enough future revenue to pay for anticipated future expenses or allow the City to make capital improvements and repairs. In addition, rising costs for wastewater ti-eatment per MCES, water rates by Minneapolis Water Works and a new refuse contract in 2009 all result in a need for increasing rates for several of the utilities. It was concluded that the rates would continue the need to have annual inereases to keep pace with future expenses. COLHT t09903 Page 2 108 1.2 Water, Wastewater, Storm Water and Refuse Funds The interactive computer model created in 2003 and updated in 2007 was updated with financial and other data to project the impact to future utility fund balances. Once updated, this model allows an investigation of multiple rate scenarios in a relatively short amount af time. Using this approach, various rate scenarios were quickly and efficiently tested to determine the impact on utility customers. While tlze 200~ Study focused on the analysis of the rate modificazions to the enterprise funds, this study also included a revision to the water implement a conservation oriented approach. Table 1- Total Utility Bill Comparison Customes 39escripfion 2010 Est. Total Utility Bill (I'er f~trj 2011 Est. Total Utility Bill (IT'er Qtr) Est. Total Increase Percent increase SingleAdulC ~ $1i9.61 ~ $125.67 ~ $6.06 ~ ~.1% Two Adults ~ $146.25 ~ $153.92 ~ $7.67 ~ 5.2% Avg. Residenlial ~ $t'79.68 ~ $189.3t ~ $9.63 ~ 5.4°'0 Family of Four ~ $204.79 ~ $215.96 ~ $11.17 ~ 5.5% Family of Six $250.77 $26117 $10.41 4.1% i abies 1,, 3 anci 4 show how the proposed ~010 utility rates compare to the existing rates. As shown in the tables, there are increases to all funds. Due to a large increase in the refuse disposal fees, the refuse rates have been implemented over a several year process to soften the impact in 2010. In additian ather rates have been adjusted ta appraach an inflationary levet towards the end of the 5 year adjustment period. COLHT 109903 Page 3 109 Table 2- Water Rate Comparison _ _ Quarterly Charge _._ __. _ 2009 2010 Residentiai ~ Fixed Fee $18.34 $19.81 First Tier Rate per 1000 gal. $3.05 $3.17 Seec~nd Tier Rate ger 1000 gal - ~ $3.g6 Water Meter Surcharge $3.00 $3.00 Senior Fixed Fee $18.34 $14.71 First Tier Rate per 1000 gal. $3.05 $317 Second Tier Rate per 1000 gal - $3.96 Water Meter Surcharge $3.00 $3.00 CommerciallIndustrial Fixed Fee ~18.34 $13.gi First Tier Rate per 1000 gaL $3.05 $3.17 Second Tier Rate per 1000 gal - $3.96 Table 3- Sewer Rate Comparison Quarterly Charge _. _ __ 2009 20]0 Residential ~ 4 Fixed Fee $17.70 $18.24 i Rate per 1000 gal. $ I.92 $ I.98 Max. Charge f'or 24,000 gaL $65.65 $65.65 Senior ~ Fixed Fee $12.60 $13.14 Rate per l 000 gaC. $1.92 $1.98 Max. Charge for 24,000 gal. $65.65 $65.65 Commerci al/I ndustri al Fixed Fee $17.70 ' $18.24 Rate per 1000 gal. $1.92 $1.98 COI.HT 109903 Page 4 110 Table 4- Storm Water Rate Comparison Land Use 2009 R-1 $ 2.g5 / unit R"2 $ 2.85 ! unit R-3 $ 18.78 / acre R-4 $ ~g_78 / acre ~ $ 36.55 / acre LB $ 36.55 / acre ~$ $ 41.31 / acre CBI} $ 41.31 / acre I $ 3224 / acre I-~ $ 36.55 / acre M~`'~ $ 4.53 / acre 2010 $ 2.92 / unit $ 2.92 / unit $ 1925 / acre $ 1925 / acre $ 37.46 / acre $ 37.46 / acre $ 42.34 / acre $ 42.34 / acre $ 33.05 / acre $ 37.46 / acre $ 4.64 / acre 1.3 Recommendataons The following recommendations can be made as a result of this study: L The current rates will not cover future expenses and will not provide the City with funds needed to make system repairs and construc~ future capital improvements. Across the courtry, replace~nent af aging infrastructure will cantinue to be one of the major expenditures t~ aging eomrr,~anities. ~ol~zinbia Hei~hts has taken a proactive approach ta upgrading this infrastructure as road reconstruetion allows and other cooperative contracts. 2. The results of this study are based on 5-year projections of revenues and expenses. It is recommended that an additionai study be made at the end of this 5-year period to review the actual revenues and expenses and to make projections for future years. 3. The new eonservation rate structure may have al1 impact an water use patterns. It is recommended that the City monitor water usage an a yearly basis and revisit the rate structure periodically. If a significant amount of water conservation is occurring, the rates may need to be adjusted upward to increase revenue to the desired level. COLHT 109903 Page 5 111 2s0 Introduction 2.1 Authorization On September 1, 2010, Short Elliott Hendrickson, Inc. (SEH) was given authorization by the City of ColLimbia Heights to prepare a Utility Rate Study. The scope of work for the study is described in the SEH August 10, 2010 proposal. 2.2 Scope The primary focus of this study is to analyze and make recommendations for a water conservation rate structure as required by Minnesota State Statutes. In addition to implernentation of this structure, this study reviewed the rates for the next five years to provide funding for future maintenance and upgrades of the utility systems, in addition to a recommended increase to cover the costs of the new refuse hauling contract.. 2.3 Conservation Rate Structure Requirements Minnesota Statutes 103G.291 was amended in 2008 ta require that communities serving mare than 1,000 people and located within the seven county metro area adopt a water conservation rate structure. While the C'rty of Calumbia Heights does nat cu~rently use an excess of water per based on its past maximum day peaking factor, it is still requTred to abide by the rules set forth in this amendment. Examples of conservation rate structures include the following: Increasin~ Block Rates. This rate structure charges an increasing incremental cost as water use increases per black of water usage. Fsloeks should increase a mirrirnum of 25 percen~~ between blocks ta trigger a message ta water users. SeasonaI Rates. One af the simplest farms of a conservation rate structure, a seasona! rate charges a set surcharge during a specified duration, typically the spring through fall seasons. Time of Use. A rate structure that charges users a higher rate when water use is at its peak usage. This requires a specialized water meter and can be a burden for a community to monitor. It is on of the most complex structures to monitor and implement and is used minimally throughout the Midwest. Individualized Goal Rate. This structure compares the use of customers to their winter quarter pattern. Additional use beyond a calculated amount is assessed a significant surcharge to send a string message. This rate structure can be difficult to explain and enforce through varying billing software. COLHT 109903 Page 6 112 Excess Use Rates. Another type of increasing block rate structure but with rnuch higher increases on upper level tiers. This structure is one of the most aggressive rate structures to send a strong message to high water users in an atternpt to make thern curb their water usage patterns. 3.0 Proposed Conservation Rate Structure 3.1 Analysis of Billing Data Based on the capabilities of the current billing software, alang with effectiveness of targeting specific high water users, the increasing block rate structure was selected for inclusion in the proposed water rate structure. Calendar year 2008 data was used to analyze customer trends in water use. The billing data was sorted by customer type, meter size along ~vith billing cycle. Based on this analysis, various trends in water use were identified. The highest water using customers per class used a large percentage of the overall water use per class. Therefare, the fallowing criteria were used in setting tier breaks: • The highest majority of water use throughout Columbia Heights is by residential customers. Therefore, they can provide the most effect through conservation. ~ T~':~ ±O't1 ?.~ Yvi.~7.'~.::~ O~ i~StG~f.i2~ic'~i vit~iiCCii~°.L'3 u3L'C~ hY~'iI'fin-Ii1$tC.~`y' 50 percent of the residential water for the summer quarter of 2008. • For cammercial customers with less than 1 inch rneters, the top 20 percent acc~unted for nearly 60 percent af t~e r~vater t~se. • For comanercial customers with greater than i inch n~eters, t~1e top 20 percent accounted for nearly 8Q percent af the water use. COLHT 109903 Page 7 113 3.2 Proposed Increasing Block Rate Tiers Based on the analysis of trends identi~ed in the billing data analysis, the following tiers are recommended for three customer classes: Residential: Over 25,000 gallons Commereial, Under 1 Inch Meters: Over 25,000 Gallons Commercial, 1 Inch and Over Meters: Over 250,000 Gallons 4.0 Projections 4.1 Connection and Population Projections The projected papulati~n and ~vater/se~r~er connecticans are given in Table 5. The projections are based on histarical trends. The majority of past residentiat redeveloprnent prajects have been cornpleted over the past 5 years. Additianal connections are stili expected from some of this infill, along with a small amount of commercial connections. Table 5- Population and System Connection Projections columbia Heights I'r+~jgst~d Spe~••!°P C'~n~PsBimas Population Served __ _ .._ _.... _ ......._.... ...., _.... by W$ter/Sewer Residentiai Other Total Year Systems Households Connectiuns Connections Connections 2010 20000 8600 6316 333 6549 2~11 24140 &?(?9 6316 335 Fr551 20t2 20280 8769 63I6 337 6653 2013 20420 &829 63t6 339 6655 20I4 2056Q 8883 6316 34i 665"7 4.2 Projeeted Water Sales and Wastewater Flows The projected water sales and wastewater flows are presented in Tables 6 and 7. The projected flows are based on the historic average per capita flows multiplied by the projected poputation for each year. Projected water sales may decrease if conservation rates have their desired effect. While the attached sales do not indicate the reduced sales, revenues have been decreased accordingly to account for the impact of conservation. COLHT 109903 Page 8 114 Table 6- Projected Water Sales (Gallons) Indust. Gov't Instit. Com'1 Res. Water Water Water Water Water Total Totat Water Sold Year Pop. Sold Sold Sold Sold Sotd Water Sold per Capita 2010 20000 504,000,000 800,000 8,000,000 26,OOQ000 58,000,000 596,800,000 29,840 2011 20140 507,528,000 805,600 8,056,000 26,182,000 58,406,000 60Q977,600 29,840 2012 20280 511,056,000 811,200 8,112,000 26,134,000 58,812,000 605,155,200 29,840 2Q13 20420 514,584,000 816,800 8,168,000 26,564,000 59,218,000 609,332,800 29,840 2014 20560 518,112,000 822,400 8,224,000 26,728,000 59,624,000 613,510,400 29,840 Table 7- Projected W astewater Flows (Gallons) Year Popnlatfon MCES Wastewater MCES Wastewater per Gapita 2010 20,000 628,000,000 31,400 2011 20,140 63Z,396,000 31,400 2012 20,280 636,792,000 31,400 2013 20,430 641,18&,000 31,400 2014 2d,560 645,584,ooa 31,400 4.s ~rojeciea c:;apiiai Ymprovement ~lan The City's SCaff updated Utility Capital Improvement Plan (CIP) was used in during this rate analysis. City staff continues to halance the needed repairs to an aging infrastructure with the deire to maintain affordable utility rates. The attached CIP is indicati~e af minirr~~l maintenance that is needed ta continue to update this infrastructure. Some of the praposed CIP projects included are the annual cleaning and lining of problemati~ water inains throughaut the city, lining af sanitary sewer to reduce inf~ow and infiltration, along with storm pond improvements. A summary of the projected capital iinprovement plan is presented in Tab(e 8. coLxT ~ 0990~ Page 9 115 Table 8- Projected Capital Improvement Plan ._ __ Year _ __ 2008 2009 2010 2011 Total . Water CIP $4?5,000 $350,000 $350,000 $350,000 $1,825,000 SewerCIP $180,000 $180,000 $180,000 $180,000 $900,000 Storm CIP $475,000 $125,OQ0 ~225,000 $125,000 $375.OOd Total $1,080,000 $655,000 $655,000 $655,000 $3,700,000 4.4 Prajected Revenue and Ezpenses As shown in the 2003 and 200'7 studies, by keeping existing rates ar~d providing for increase in the wholesale water contract, increases for inflation and improvet~nents to the capital infrastructure will result in con~inual losses in each of the utility funds. I3uring the past 7 years, increases in rates to each of the funds has resuited in significant decreases in operating losses. The last few years of the upcoming 5 y~3t' gti~c~~ rr}pri~JG~ ~h~I~~ ?'~SLl~t I2: :3ltG'. ::1C~": ~°i~ ^u~~P': a:~illil~ ~~i~ Cr`3ie vi inflation. In the future, the utility fund balances are recommended maintained to the following levels: • Water: 1 Year O& M+ 10 % • Sanitary Sewer: 1 Year O& iV1 + 1 Q% • Starm: 1 Year O& M& Bond Payment + 25 % • Refuse: 1 Year (7 c& M Nearly all of the funds remain at levels helow these recornmendation. The sanitary sewer fund has the healthiest cash balance. While the storm water fund will approach this goal during the next study period, the water fund may take many years to regain this recommended level. Staff should evaluate the health of each fund on an annual basis to maintain they continue on the correct path to recovery and maintenance. COLHT 109903 Page ] 0 116 5.0 Proposed Rates 5.1 Rate Structure Philosophy Communities have differing views regarding rate structure philosophy, However, most cornmunities share in the same desired end result - to obtain sufficient revenue from the rates to offset projected expenses. To this end, the following concepts regarding rate structures are generally accepted; l. Rate structures should be simple, easy to understand, and compatible with existing billing softwares. 2. Rate structures should prornote the conservation of water. 3. A percentage of the "fixed expenses" should be recovered from a fixed charge. 4. Rate structures should not place a dispraportionate share of the cost burden on any particular user classif~cation. 5. Rate structures should pravide a reasonable margin between revenues and expenses so that funds can be built up to cover emergency expenditures. 5.2 Summary o~Proposed Rates All tttility rates will rea,uir~ some;ncre~se ~,~ririg ~1;~ ~,1~~~jr~ ~~~ year period. Individual funds may require rates above the rate of inflation to inerease fund balances to a healthy level. As these funds approach their recommended goals, inflationary rate increase should be planned. A summary af the proposed rates is given in Tables 9 thrc~ug~ i 2. COLHT 109903 Page 11 117 1'able 9- Proposed Quarterly Water Iiates Customer Classification Residential Fixed Fee First Tier Rate per 1000 Gallons Second Tier Rate per 1000 Gallons Water Meter Surcharge Senior Fixed Fee First Tier Rate per 1000 Gallons Seeond Tier Rate per 1000 Gallons Water Meter Surcharge Com mercia]/I ndusiri al Fixed Fee FirsY Tier Rate per 1000 Gallons Second Tier Rate per 1000 Gallons Year _._....._ _ _. _ 2010 2011 2012 2013 2014 $19.81 $21.39 $22.89 $23.58 $24.28 $3.17 $3.30 $3.43 $3.53 $3.64 $3.96 $4.12 $4.28 $4.4 ] $4.55 $3.00 $3.00 $3.00 $3.00 $3.00 $ 14.71 $ 16.29 $ 17.79 $ 18.32 $ 18.87 $3.1'7 $3_30 $3.43 $3.53 $3.64 $3.96 $4.12 $4.28 $4.41 $4.55 $3.00 $3.06 $3.00 $3.00 $;.(}p $19.81 $21.39 $22.%9 $23.58 $24.28 $3•17 $3.30 $3.43 $3.53 $3.64 $3.96 $4.12 $428 $4.41 $4.55 COLHT 109903 Page 12 118 Table 10 - Proposed Quarterly Sewer Rates Customer Classification Residential Fixed Fee Rate per 1000 Gallons Maximum Charge for 24,000 Gal~ons Senior Fixed Fee Rate per 1000 Gallons Ma.ximum Charge for 24,000 Gallons Cornmercial(Industrial Fixed Fee Rate per 1000 Gallons Year __ .____... . . _ . _.__. _ __.._ _,--. _ ... _.._._.... 2010 2011 2012 2013 2014 $ 18.24 $ 18.78 $ 19.34 $ 19.92 $ 20.52 $ 1.98 $ 2.04 $ 2.10 $ 2.16 $ 2.22 $ 65.65 $ 67.62 $ 69.65 $ 71.75 $ 73.90 $ 13.14 $ 13.68 $ 1424 $ 14.67 $ 15.11 $ 1.98 $ 2.04 $ 2.10 $ 2.16 $ 2.22 $ 65.65 $ 67.62 $ 69.65 $ 71.75 $ 73.90 $ 18.24 $ 18.78 $ 19.34 $ 19.92 $ 20.52 $ 1.98 $ 2.04 $ 2.1 $ 2.16 $ 222 Table 11 - Proposed Monthly Storm ~'Va~er ~Ttiiify itates Land Use 2010 2011 2Q12 2013 2014 R-1/unit ~ 2 g2 $ 2.gg $ 3.06 $ 3.15 $ 3.25 R-2/unit ~ 2 g2 ~ 2.gg $ 3.06 $ 3.15 $ 3.25 R-3/acre $ 19.25 $ 19.73 $ 20.22 $ 20.83 $ 21.45 R-4lacre ~ 19.25 $ 19.73 $ 20.22 $ 20.83 $ 21.45 CZB/acre $ 37.46 $ 38.4Q $ 39.36 $ 40.54 $ 41.76 LB/acre $ 37.46 $ 38.40 $ 39.36 $ 40.54 $ 41.76 GB/acre ;~ q2.34 $ 43.40 $ 44.49 $ 45.$3 $ 47.20 CBD/acre $ 42.34 $ 43.40 $ 44.49 $ 45.83 $ 47.20 I/acre $ 33.05 $ 33.88 $ 34.73 $ 35.77 $ 36.85 I-1/acre $ 37.46 $ 38.40 $ 39.36 $ 40.54 $ 41.76 MWW/acre $ 4.64 $ 4.76 $ 4.88 $ 5.03 $ 5.18 COLHT 109903 Page 13 119 Table 12 - Proposed Refuse Collection itates _... Year Customer Program . _.._... ..... .._.. 2010 20ll 2012 2013 2 ~ 014 32 Gallon $ 32.13 $ 33.74 $ 35.42 $ 36.84 $ 37.95 60 Gallon $ 33.66 $ 35.34 $ 37.11 $ 38.59 $ 39.75 90 Gallon $ 41.98 $ 44.08 $ 46.28 $ 48.13 $ 49.58 Senior $ 31.80 $ 33.39 $ 35.06 $ 36.46 $ 37.56 Recycle & Yard Waste $ 11.59 $ 12.60 $ 13.67 $ 14.80 $ 15.93 5.3 Future Rate Analys~s The praposed rates included as part of this study are intended to continue to maintain the health of each fund. While the majority of funds remain below their recommended c~sh ~alanee gaals, a string effort was made by City stafF to maintain equitable rates for the residents of the cammunity. With a conservation rate structure, an increased amount of volatility can be introduced to the revenue cycIe. A 10 percent decrease in water use has been assumed based on industry experience. However, this impact can vary greatly from community to community based on income tevels and land uses. Staff should closely monitor the revenue ~~nP_rar_P~i versus ±!:e exper~se~ fcr the f;rst t~v~ yca-rs c5peciaiiy as customers are rnost likely to change their water use patterns in the first years of introduction. A rate study review is recoinmended prior ta the conclusion of this rate settir~g cycle scheduied tQ end in 20~4. COLHT ] 09903 Page 14 120 CITY COUNCIL LETTER - REVISED Meeting o£ 3/22/09 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CTTY MANAGER NO: PUBLIC WORKS TTEM: ADOPT RESOLUTION NO. 2010-22, BEING A BY: K. Hansen By; RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 3/18/10 DATE: CONTRACT FOR 2009 PUBLIC IMPRO\/EMENTS: GATEWAY PEDESTRIAN BRIDGE RECONSTRUCTION PROJECT Background: On November 9`~', 2009 the City Council approved the plans and specifications and authorized the advertisement for bids. Bidding documents were advertised in the Focus on January 7t" and 14t", 2010 and in the Construction Bulletin on December 28th, and January 4th, 2010 and electronically and electronically at QuestC3~N. I°~titzety-t~iree cantractors, sub-contractors, or suppliers requested copies of the bidding documents. Seven bids were received and publicly read aioud at the January 21 S`, 2010 bid apening. A detaiied copy of the complete bid tabulation is attaehed. Analysis/Conclusions: The final plans as reviewed by th~ City Council iraeluded: o Bridge aesthetic treatments including: stone treatment of the bridge columns and switchback columns. The helix is supported by narrower colurnns and is provided with a beige color and vertical recess treatments. ~ An LED lighting plan far the bric~ge ~nr~ h~rh ,-a~Y ~~~~~~~~1~~. ~ Railing details providing color matched (deep burgundy) to tihe bridge span trusses. ~ Seven bids were received with C.S. McCrossan submitting the low base bid, in the amount of $2,035,16~.55. As indicated an the minutes of the bid opening, only $22,926.59 (1.1%) separated the next bidder from the lov~ bidder on th~ base 6id. ~'he low b~id provic~ed is $428,897.50 e~r 17.5% Iower t6at the Engineer's Estimat~ developed by SRF Consulting. Certain praject casts are not e[igible for Federal funding an~ must be paid for out of local funds. Th~se costs include the bridge demolition ($23,6G0), bridge lighting ($85,$90) and local atility relocation ($24,484). Required forms and reporting ta 1V1nDOT for Federally aided projects has been completed and MnDOT concurs with the Iaw bid. Staff and the consultant have checked references for the contractor. Based upon the low bid from C.S. McCrossan, staff is recommending contract award af the base bid in the amount of $2,035,167.55 with the following funding sources: COUNCIL ACTION: 121 CITY COUNCIL LETTER - REVISED Meeting of: 3/22/09 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPAR'TMENT• CITY MANAGER NO: PUBLIC WORKS • ITEM: ADOPT RESOLUTION NO. 2010-22, BEING A BY: K. Hansen BY: RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 3/l8/10 DATE: CONTRACT FOR 2009 PUBLIC IMPROVEMENTS: GATEWAY PEDESTRIAN BRIDGE RECONSTRUCTION PROJECT Federal AKRA Program Funds: $ 1,903,197 Municipal State Aid Funds: $ 109,490 Sanitary Sewer Construction Fund: $ 24,4&0 ~'rQject expenses to date totat .~3~7,f?00 far preliminary~ and fina~ design, land Qequisitiail for RO~JJ, at~d bidding. Recommended Motion: Move to waive the reading of Resolution No. 2010-22, there being ample copies available to the public. Recommended Motion. Move to adopt Resolution No. 2Q10-22, being a resolution aecepting bids and awarding the 2010 Public Improvements: Gateway Pedestrian Bridge Recanstruction Project to C.S. McCrossan of Maple Grove, Minnesota based upon their low, qualified responsible bid; in the amount of $2,035,167.55 with funds to be apprapriated from Fund 415-50906-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a cantract for the same. Attaehments: Bid Opening Minutes Bid Tabulation Resolzitioti 201 Q-22 COUNCIL ACTION: 122 RESOLUTION NO. 2010-22 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE GATEWAY PEDESTRIAN BRIDGE CITY PROJECT NO. 0906 TO C.S. McCROSSAN CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0906, 2010 Pedestrian Bridge Replacement at TH 65 and 49th Avenue Improvements, seven bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid C.S. McCrossan Construction, Inc. $2,035,167.55 Edward Kraemer & Sons, Inc. $2,058,094.14* Lunda Construction Company $2,247,604.49 Redstone Construction Company, Inc. $2,426,426.90 L.S. Black Constructors $2,554,052.83* Minnowa Constructian, Inc. $2,816,917.$5* Global Specialty Coi~tractars, Inc. $2,868,938.16* * Corrected WHEREAS, it appears that C.S. McCrossan Construction, Inc., 7$65 Jefferson Highway, Boz 1240, Maple Grave, MN 55311 is the lawest respansible bidder. NOW THEREFORE BE IT RESOLVED BY TI~E CITY COUNCIL OF COLUMBIA HEIGHTS, 1VIINNESOTA: The Mayor and City Manager are hereby autharized and directed ta enter inta a cantract with C.S. 1VYcCrossan Constructian, Ince in the name of the City of Columbia l-Ieights, for the ~ateway I'edestrian Bridge Improvements, City Project No. 0906 according to pIans and specifications tl~erefoee approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, ta all bidders, the depasits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 2. City Project 0906 shall be funded with Federal Funds (ARRA), Municipal State Aid Funds and City Utility Funds. Passed this 22°d day of March 2010. Offered by: Second by: Roil call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 123 $°$° S 8 S 8 8~ 8. 8 S 8° 8 0° 8 8. 0 8 0 8 8 S ° S o S 8° S 8~ m S 8 . ; o ~ g ~ m < a ~ N °s ~ ~ ~ ~ ~ ~ ~ ~ °s ~ ° ° 8 0 0 8 0 8° S 8° S 8 ° 8 ~ m ~ o o~ ^. ~ ~~~ n g R g° ° ~ 8 ~ o R ~ 8 8~ R . 8 n ? f ~ & ~ 8 = ~ ~ ° 8 8 S° m 8 ~~ 8 8 m 8 S 8 0 8° 8° S o 8 0 8°° S, o m 8 8$ 8 8 S 8 8~ ~ S° ~ ~ ~ 8 8 ' ' 8 m w 8 ~ 0 0 0 ~ ~ ~ ~ ~ ~ ~ ° ° ° ~ 0 8 ~ ° 8 8 ° 8° 8 8„ 0 ~ ~ o ~ ~ 8 ~ ~ e _ & "' - R' a o h ~ r N E ~ ~ ~ 8 ~ ~ 8 m t 8 i 8 8 8 o 0 8 8 S S 8 S 8 S 8 8 8 8 8 8 & S 8 8 8 8 S 8 8 8 ° ° . . . . . 8 8 8 8 8 8. S 8 S 8. 8 8 0 8 8° 8 ' i~~ o° r G ~ g o~ e g~~° m o 8 8 8 m S 8 $ R S 8~ 4 ~q 8 o - . ~~~ _ .~ .~ma A~ . .d~~ .8 ~ ~ ~ 0 ~ 8. ~' 8 F 8 8 S ° ~~ ° ~ S ~ 8 & 8 g S° 8 8 ~~~~ 8 8 ~~ . . ~ a ^ ,y m ° ~ ° ^ ~ ° - _ _ ~ ~~ 8 S, 8 8 8 0„ 8 S 8 0 8 ~ 8 8$$ 8 8. 8, $ 8. 8°° 8 8 8 8 a 8 8 0 8 0 8~ S 8 8 8 8 8 S 8 8 8 8 $ S 8 . . . . $ 3 °u 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S m ^ o ~ ~ '~° ~ R ~ ~ ~ ~ ^ ~ ~ ~ 8 8 e _ B =' . ~ ° 8 8 0 8 'm° E 8 ~ 8 8 8 8 S 8 ~ ~ ~ ~ $ 8 ~ ° g _ - € g°°gs"rg< ~g°s8sxssssss<os.s.~~sssss.ssessssas$~s.ss. ~ ~ ~ g ~ ~ g Q < 8 8 m 8 ~ ~ ~ a m ~sa ss s a ssss sg ~ 8 z 8 5 ~ e " ~ ~ e ~ tR ° ~ Q ^ ~ o ~ ~ Q ~ ~ ° Q « o ~ a S o . m ~ . o ° . 8 ~ ~ ° $ ~ ~ o » .,»., » » »» ..., » » ~ »., « »»» x 8 8$ S° ~ 8 8 o m 8 Y9, $ 0 8 0 0 8 8$ ° ,~.. $~~„° g S S ~ R 8° ~ ~ 8 ~ ~ ° ' m ^' °< 8 $ n ~ ~ $ ~ ~ „ « 8 ~ „ 8 S 8 8° S~ _ m ~ ~ 6 3 - m F $ S n 4 ° & „ .$gm ~ ' ~ g~ee $ ; C . S 8 8 S°~ 8 8 m° r 8° S$ 8 8 E a°, 8 8 S 8 8°^ 0 8 8 S 8 8 S° 0 8 0 8, S$ S S o 8$ 8 S 8° o i ~ ~ 0 8 3 ~ °x, ~ °~' ~ Q 8 8 r ` ~ m ~ ~ g 8 $ m ~ ~ a ' 8 8 8°„ 8$ °o, S 8 8 8 8 8 8 e S 8 ~ e ~ $ ~ m « ~ ~ ~ e ' ~ ~ ~ ~ u .. ~ e - ' ~ g 8 8 ~ ~ ~ ~ m S ~ ~ ~ ~~°, g ~ ~ ~ ~ m ~ > ' ~> a mz Uo ..»» a w .. .~ w»..»..»»».. »„» a r.. » ., .. K»».. ~.,» K a w ~ 8 8 8 S$„$ o °$ 8 8. S 8 S 8$ 8. 8 m S 8 0 8 8 S 8 8 a 8 ~ 8~~ 8 S 8$ S. $ 8 8° S a ° ' ° o o 8 r ^ ~ r R ~ C ~ ~ ~. 8 w $ ti w ~ 8 ° » 8 .,»»+. 8°$ 8 »» 8 8 Q U ~ ~ ~ ~ 8 ~ ~ ~ ~ 8. ~ a " ^ ~ ~ m g S ~ ' g 8 ~ ~ 8 a ~ 8° 8 0 8°° S m 8 R$ 8 8 S. 8; 8. 8 e° S 8. 0 8, 8, 8 8 8 8 8. 8 8. 8 8 8~ S. 8. 8 8 8. ~° 8. 0 8 8 8 ~"~ ~ a o S~~~~' ~ 8 $ o S E o$ S 0 8 8 8 S° S 8 S . . ~ 8~~ S° ~~~ 0 0~ r o a b e N o~ o S~ 8 8$ m S~ S 8~ ~ ' '" - ^' `" ~ o ~ ~ ~ "' e g m . . o~ . $ a a$~ ~ ~ G ~ ° S 8 8 8. 4 8 8~ 9°~ 8~ 8. 8 8 e$ 8 8 8° 8. S. N 8 8 8 o S S 8 8 8„°°$ 8 S S 8° S$ 0 8° o « S^ a 8 Q 8~ o ~ ' S° ti S ~° 0 8 8 a 8 S ~ _ ~ ~ 8 ~ 0 3 ~ ~~~- 8~ ~~~~~~° m~ 8 m ° R~ ^' . ~ 8 a$ S o 8 r i ~ 8 ~ 2 - _ $ S. S o N 8 S m 8 R 8 8. 8 8 8~ 0 8 ~, 8. S a o 8°&. S 8 g o° 0 8,°o S 8° 8 8 0 8 8 0 8 8 8 ~ ~ ~ ~ ~ $ ~ g g 0° 8 a$ 8 8. 8 8 8`d o a 8 8 ~ b^ ~ $~~ S S $ ' ~ ~ Q _ ' ' d ~ & S 8 8 S ~ S S 8°° 8° 8 8 e ~°, 8 S S 8 8 m S o 8 8 o S m~ 8° ~~S o°$„~ ~° Q S$$ 8 S 8 8~$ S 8 4 8 ~ o g g' $ 8 0 .: ~ n o g a$ o o 8 ~ a~ ~ 8~ 8 8 0 8 8 a 8 $ __ $ ~ R $ N - 8 Q ~ 8 r r 8 a°. s B$ 8$ g S~ ; g ~ 0 0$° 8 m a o 0 o g o 8 8° 0 8 8° 8$° 8 8°° 8° S o 0 8 0 °° S a° 8 a 8$ 0 8$ 8 S 8 R~§ 8 S R~ 8~ S ~ 8 8$ 8 H S F g S 8 ~ 8 8 '" ° ° 8 p o S $° ° 8° 8 0 o S ~ ~ ~ ~m $ 8 nS, ~ 8 8 8 ~ o~ 4 ~'~ $ 8 o S° 0 8 0 o S'$$ 8~S, 8°~~, 8 a S 8 0 8 8 S „ S~ 8 8 0 8 8 8$ 0 6 0° 8 0° ~ S $ ~ ° ~ ~ S.°. ° S o 8 ~ 8 a °~ 8° 8 S ~ o S n g° ° 8 o v°, 8 d e - e S °° ~,C, 8~ a9 ~ 8 0 8 R~ S~ 8 8 S o 8 S o$~ 8 8°° 8° 8 S o$°~ S° S E o 8 S° 3 8° 8 0 o a S a° S S S 8° g g° 8 S 8$$$ 8~ N° ~~ 8 8 8`^ . . 8 8 0 8 z S 8 0 ~° ~~„~ m~ ~ ° ° o °° 8 S °° g° 8 g g ~ 8 . ~ ~ , 0 8 m S S 8 k' ^ 8 ~8° °~~~ $~~~ g R e S a ~ e ~R~ ~~~e c ~ ~ ~ °$$ 8 0 ~ 8~ S$ S o S S o 8. 8 8~ ~$ 8 8 0 8. 8° 8 8. $° °$$° 8. 8° 8°° 8 a 8 o S ^ ^ « S o ^ °~~ 8'' 8 9 „ 0 ° 8 S S 8 ° 8$° 8 - 0 ry g„ _ g _ 8 $ S~ 8 n 8 8 a g S o a 8 g ~ o$ 8 S S$ o ~ » p p „ w M u F ~ S 8 Ti ~ ,^.~ ~" ~ A~ S - $ 8° g ' ~F aa > > > j ~ ? < ? m v, ~n w~ i u G~_~~~, = Q o 0 0' z z h= G t. u=~ 1'i LL~ r~ ~~ G=_ ~ x 'w ~ LL~~ ' ' o I'i t'. ~~ ~ Y m N' u'i ~' _ a N ~ s~~ _'' d d d y,~ 3,~ _~ ~ s ~ o o j~ 3 _?,~ 3 d d d? ~_ b,~ ,~ a~' _? 3 a`w ~ o o j z z o - y ~ ~ ~ ~ ' ~a ~ ' ~ w u~ 0 g go _ o S p ~ ~ ~ - - _ W u F ~ ° w w w.- e~~ a .. ~ ~ m u u o z _ ~ ' ~ ~ ~ ~ x w ci ' r ~. ~~ Z w~~ c s z o u = ~ ~ ~ o -~ z Y- ~ o' p w 3~~ ~' o°`~' g u u i o Z w LL o 0 0 0 0 ; ~ Z ~ w _ ., 3 ~ - > "d F rc ~ a ~ o o ~ ~ ~ 3 i r ~ 5 ~ N O a ~ z ~ ~ y ? ~ s w ~ ~ ~ '^ o ryi u~i ~ ~~ ~ w ~s~~a ~~w 3;g ~ ~ kk i - ' w U m_ p ~ ~, ~ ~, ~ uma ~, w~~ ~ ~ ~ Y s ° x s ~ ~ z ~ ~ ~ `a' u u m >` a a ~ - o o ~ ~ : ~ 6 ~ = w > N __ s a ~ ~ ~ O ~ - ~ i ~ a ? , ~ a w~~ o z¢ W w ~ ~GaI m 3 E i j~ o N g a~~5 0 0 o i i~ i~~ f m a a ~ ~ F~ a- o _ ~ ~ s s w E s w~ Z O ~~~ Z Z N~ O_ O~ m y u F~ 5 I^ <~~ u w a~ a rc ~~ u W F U U U tl ~ w O W ~ ~ u 1 - ~ r N>> ~ ~ o ~ u u °~ ° < a ' "' s °o ° w u o o ~ o ~r ~ "' ~ ° ~ ° 4 ~ i 3 ° ~ ~ W g ~~ W _ _ _ _ ~ u u ~ ~ c s ° a a 0 i ~ ? $ i s s "°'" ~~ ~z~v ~ ~~~ aaaa~ _~~~ 5 E a u u n o o ' ~ ~ o ~ ~ oo ooo~ ~, ~ rc o 0 o w ~ ¢ a w° S ~,} ~y ~y o a ~ o 0 0° o 0 0 0 0 o u u u w i S o~ N ^ o r ' m R m' 0 8 ~ ~'_ o° o - 8 8 ~ ' ~ 0 8' ~ ~ 8 S ~ - 9 8 8 g ~~ ~ ~ ~ ~°~ E L II i ~ _ a ~ o u ; ~ ~ O _ _ m ~ ~ rn ' c n ' O i m ~ ~ L Naom 3~oiae 1~31'OYd 3l1i1N3 if03 53I111NVf10 j0 31f1Q3H]S ° 8. o ~ R ~ S o ~ - o S 8 8 8 o S 8 0 0 8 S° ° ~ U o~ 8 ~ Q ~ ~ S s q g~° ~ 8 2 - o$~ ~ ~ - _ Q a~ ~~ 3 8~ e e N e ~~~ 8. o~ S 8. ~„ 8° 8 8. 8 8° ° " ° S 0 0 00 0 » e » » N g ~ ~ S S 8~ » » ~ w a h » ~ » » » » w » » » h » » » » » » » ^ » . Y o 0 0 8$ 8 S$~ S 8°~ 8 S 8$ 8 o S ° $ S S S°° 8 F g g q p y q p z g S S m~ h~~~~ e~ ~ S~~~ tl. ° 8 g S m S 3~ S O rv ~ yl g ~ ~ 8 8 8 S 8 S ~ 8 S 8 8 8 8 8 8 S o 8 8 8 S o ` ~ ~ ~ ~ m ° 8 ~ 8 „ o ~ N 8 ~ e ~ g ~ ~ ~ e 3 ~ t ~ - 8 8. 8~$ ~ 8. 8~° '~ 8$ 8 8 8 8 8 8„ S 8 8 8 8$ . . . . . r~ g o 0 0 ~ d o e~°~~ e~~ °' 8 Q~~°< « - ~ F ~ 0 » «»»»».,..., r» «. N» » w».. w.,»»»...,....» » ~ 1"o,ry~°n, n~L°i°a$°m°og~°n°n$r°n°ng~°n$dm° m ~ ° ~ ~ ~ ~ ~ ~ ~ ^ ~ a t »»»»»w» k»., h..» «»»»..»»»»».,».,»» S$$ a ° R,'" 8 8°`„' 8 8 8 8°$ 8 S ~ S S 8 8 S S ~ z ~ ~ ~ ° m Q ~ ~ m o ~ ~ $ ~ ~ 8 ~ ~ ~ B ~ ~ ~ < ~ m ~ 'o ^' ~> oa ~ + w~ 0 8 8~ ~~ 8„ „ 8 8. $ 8 8 ~ 8$ 8~$ 8$ 8 S ~ . 0 6~ fi ° 8~ ~ 8 8°« S ~~ 8 R A° t »..»»»»., ».,».,..» ~ ~ ~ ~ w,».» ~»».,».,» ~, 'z 8~ 8 8$,~. a 8.F~3, S 8°~ 8 8 0 8 8 8 8& 0 8 a 8 8 8 M1 °' o F . , z~ 8~~ e S e a~ m 8~~ S~^ p 8""'' ~ 8~ n s m m ~ ~.' CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, January 21, 2010 @ 1:00 PM. Pedestrian Bridge Replacement @ 49`" Avenue Over TH 65 City Project 0906 Pursuant to an advertisement for bids for Pedestrian Bridge Replacement @ 49t1i Avenue Over TH 65, City Project 0906, an administrative meetin~ was held on January 21, 201Q at I:OOp.m. for the pur~;ose af bid opening. Attending the meeting were: Paul Proyenzano, L.S. Black Constructors Terry Kra(ing, Minnowa Construction, Inc. John Crocmtom, Edward Kraemer & Sons, Inc. Pau1 Gionfriddo, Haugo Geotechnical Services Zach Brazier, Global Specialty Contractors, Inc. Bruce Bartelt9 Lunda eonstruction Cornpany Matt Cramer, SRF Consulting Dale Mans, Redstone Canstruction Company, Inc. Stewart Kr~rrimen, ~.5. McCrossan ~onstructiar~, Inc. Kevin Hansen, City Engineer Barb Thamas, Assessing Clerk Bids were opened and read aloud as follows: Bidder Base C.S. McCrossan Construction, Inc. $2,035,167.55 Edward Kraemer & Sons, Inc. $2,058,094.14* Lunda C~nstru~tiora Cc~r:Iparty~ $2,247,604.49 Redstone Construction Company, Inc. $2,426,42690 L.S. Black Constructors $2,554,052.83* Minnowa Construction, Inc. $2,816,917.85* Glabal Specialty Contractors, Inc. $2,868,938.16* * Corrected Respectfully submitted, Barb Thomas Assessing Clerk 126 CITY COUNCIL LETTER Meeting of: 3/22/10 AGENDA SECTION: OTFIER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS IT'EM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K Hansen By; THE GATEWAY PEDESTRIAN BRIDGE - DATE: 3/19/10 DATE: CONSTRUCTION ENGINEERING SERVICES Background: On November 9`h, 2009 the City Council approved the plans and specifications and authorized the advertisement for bids. Seven bids were received with C.S. McCrossan Construction submitting the low base bid, in the amount of $2,035,167.55. City Council will be considering award of the construction contract on March 22"d, 2010, separately. Anaiysis/~onclusions: To administer the construction cantract, staff prepared RFP's for professional services, copies of which are attached. The RFP's were placed in the local nev~spaper and on the League of Minnesata's web site for publication. RFP's were sent to five engineer'rng firms and proposals were received at the end of day on Friday March 19`", 2010. The RFP review committee consisting of the Director of Public Works, Assistant City Engineer, Library Director and the ~lair~e City Engirreer will prepare a ranking grid of the proposals received and present a recommendation at Monday City Council meeting. The RFP's were prepared and r~view~el ~y 1~inD~T ~„e to Fe~~r~l fian~i::g r~~u:re:ner.ts. '~'~e Yr,mary Federal requirement for this RFP is that it must be prepared and proposals received and awarded on the basis of QBS, or Qualification Based Selection. Competitive bidding resulting in lowest pricing cannot be used for the basis of award. Attached is a Federal-Aid Program sheet summarizing this requirement. The basis of the RFP provides far: ~e~ ~OAtC~C~ 1~(~ffiIltlStd'~t14Il 5.0 Canstruct~on Surveving 5.0 Deliverables Funding will be provided through the Federal Funds appropriated through Congressman Keith Ellison's office which staff is estimating to be in the range of 12-15 percent of the construction cost. COUNCIL ACTION: 127 CITY COUNCIL LETTER Meeting of: 3/22/10 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K Hansen BY: THE GATEWAY PEDESTRIAN BRIDGE - DATE: 3/19/10 DATE: CONSTRUCTION ENGINEERING SERVICES Recommended Motion: Move to accept the proposal from in the amount of $ , for Construction Engineering Services for the Gateway Pedestrian Bridge, and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh Altachment{s}: Cons±ruction ~ngineering RFP Federal-Aid Program sheet COUNCIL ACTION: 128 .dminisiration ofEngineeringand Design Related Services Cantracts... http://www.fhwa.dot.gov/programadmin/172qa.cfir . ~~ar~h ( ~eedbaclc !~ FHWA > Federal-aid Proqram Administration > Enqineerinq and Desiqn Services > Administration of Engineering and Design Related Services Contracts - Gtuestions and Answers Major Projects Administratian of Engineering ~nd Design Stewardship Refa#ed Services Contracts - Questions and and Oversight Answers Engineering (10(23/2002) and Design /ntroduction Se.rvices • This document provides guidance that suppiements 23 C.F.R. Part 172 relating to the pracurement of engineering and design related service cantracts using Federaf-aid funds. Under 23 U.S.C. ~ 12 and 23 C.F.R. Part 172 these services must be in furtherance of a canstructian project. This document does not apply to planning ar research contracts where a constructian project is not directly involved or to design-builci contracts. Guidance for Design Build contracts is still pending, additional informatian can be obtained a# the FNWA website for Design Build. in general, the procurement of engineering services for construction projects is done through a gualification-based process based on the Brooks Act. This Act requires that cantracts be advertised and companies ranked based on published criteria far competence and qua{ifications. Cance the tap firms ;have been rated, negatiations begin with the top rated firm. If the type`.of professiona! services required cannot be agreed upon at fair and reasonab{e prices, the agency can proceed ta negotiate with tne next highest qualified firm. The laws and regulations that gc~vers~ the procurernent of de~ign- related services with Federal-aid highway funds are: • Title 23 United States Code, Section 112 (23 U.S.C. 112} "Letting of Contracts", . . . • Title 23 Code of Federa! Regalations; Part 172 (23 CFR 172) "Adrninistration of Engineeririg and Design Related Design Related Service Contracts", ~ Title 49 Code of Federai Regulations, Part 18 (49 CFR 18} "Uniform Administration Requiremenfs for Grants and Cooperative Agreements to State and Local Governments",or what is cornmoniy called the "Common Rule", • Titfe 40 United States Code, Chapter 10, Subchapter VI , paragraphs 541-544 or commonly called the "Brooks Act." Titie 23 U.S.C. 112(b){2)(A) defines the types of design-related service contracts to be awarded by a qualification based procurement pracedures based upon the Brooks Act. , Some of the more important sections in the Common rule pertaining to design contracts are sections 49 CFR 18.36 and section 49 CFR 18.37. 129 NEW FEDERAL LAW REOUIRES USE OF OUALIFICATION-BASED SELECTION PROCESS FOR FEDERAL-AID ARCHITECTURE AND ENGINEERING CONTRACTS A federal law which became effective on November 30, 2005 (Public Law 109-115, section 174,) requires state and local transportation agencies to utilize a"Brooks Act"- compliant Qualification-Based Selection (QBS) procedure when awarding federally- assisted architecture and engineering (A&E} contracts. Tliis law repealed authority for such agencies to use "alternative" state law procedures (such as "Best Value"} or `Broaks-Act-Equivalent" procedures. The FHWA has issued preliminary guidance on the new law (see; http:/l~.v~vw.tl~«~a,dot.~~~~v/~.irt~~~r~imadmin/1? 120S.cfm ) and is cur7ently reviewing the applicable regulations (23 CFR Part 172) to determine what changes will be necessary to conform to the new law. The 5tate and Municipal procureinent [aws have differed significantly regarding selection of A&E cansultants. Under tl~e state procurement law, Mn/DOT has generally been required to use a carnpetitive `Best Value" approach, using cost as one factor, iii the selectian af A&E consultants. This was an FHWA-approved "alternative procedure". Cities and Counties were not, hawever, required to use a competitive best vatue ~rocess ta setect architects and engineers, though many Iiave clzosen to do so. The new federal law, however, now mandates that state and local agei7cies use the Brooks Act procedures for certain colitracts paid in whole or in part with federal funds. In a nutshell, the Brooks Act provides that covered contracts must be: 1) Publicly announced; and 2} Campetitively awarded an qualification-based criteria only, not utilizing cost as a factor in c~nsuita~z~ selection. rollowing are c~uestians and answers regarding irnplementatic~n of this new feder-a1 requirement. What types of contracts are covered bv this law? Ei~gineerii~g and design-related services are defined to i~aclude p~ograin management, construction management, feasibility studies, preliminary engineering, design engineeriilg, surveying, mapping, or architechual-related services. Are there any exclusions? Yes. Brooks Act procedures do not need to be used for contracts such as plamiing studies that are not directly related to or corniected to a conshuction project. In addition, the Braoks Act exempts certain "small purchases" - which is the smaller of the federal (cuil~ently $100,000) or state (cunently $5,000) small purchase amounts. There are also provisians for "non-competitive negotiation" (i.e. "siilgle source") conh~acts with requirernents similar to those found in state law. Can Urice be a consideration in a OBS selection? 130 No. Consultants must be ranlced and selected without regard to cost. Cost will be negotiated with the top-ranked consultant. Must a local agency accept the consultant's cost? No. Prices negotiated after consultant selection must be fair and reasonable to the local agency. If, after good faith negotiation, the local agency and the selected consultant are unable to agree on price, the local agency may end the negotiations and begin negotiating with tI~e next-ranked consultant. Having a goad internal estimate prior to negotiation wilt help your negntiating position. Mn/UOT recommeilds that RFP's contain tenns that 1) require the consultant ta submit a proposed budget and detailed scope of duties promptly after selection, and 2) require negotiations to be finalized in a reasonable time periad and pravide notice that the local agency has camplete discretion ta detennine when to tenninate negotiatians and move on to the next-ranked proposer. Haw are }~roposals solicited? Proposals must be solicited by public am~ounceinent, advertisemei~t ar any other methad that assures qualified in-state and aut-of-state cansultants are given a fair opportunity to be considered for award of the contract. Publication in the local agency's official newspaper should be legalty sufficient, though you may want to use ather rneans to reach a broade~~ audience. W~I~t f3~tQ?~S C`~.'~ J? 1„~SP~ En ~+?plSiilt~~~t gP1Prt~n9i? Factors to be considered may include demonstrated competence and expertise related to the project requirements, resources available to perforn7 the work within the time constraints, record of past perfonnance, proposed project mailagement techniques, and other non-cost factors demonstrating an abiIity ta handle special ~raject constraints. May a tacal ar ii~-state_preference be used? No. A locai agency znay not give a preference to a lacai or in-state consultant, however, famiPiarity with and avaitability to the project lacale may be considered as a factor. In addition., in those cases wl~~re stat~ 1_awv rec~uires tl~e use af ~a~ P?~gin~er 1'acensed. in Minnesota, suclZ licensure may be used as a factor. Wllen must a Iocal agency start usin~ the Brooks Act rocess? This applies to any covered federally-assisted A&E contract procureinent initiated after NovemUer 30, 2005. Who can I contact for more infoi-~nation? Statc Aic( I~o~~ Lnca( Trti~7s~~~~rt4~ti~n ('`SAL'T'") (1~[tp://~~.~tiv~~~~.clot.state.mn.u~/st~leaidi') 131 REQUEST FOR PROPOSAL (RFP) FOR PROFESSIONAL SERVICES CITY OF COLUMBIA HEIGHTS, MINNESOTA GATEWAY PEDESTRIAlv BRIDGE CONSTRUCTION ENGINEERING SERVICES Federal Project: ES 10 ES (016) State Project: 113-010-015 City Project: 0906 Note: This document is available in alternative formats for persons with disabilities by calling Kevin Hansen at ~63-706-3705 or for persons who are hearing or speech impaired by calling the Minnesota Relay Service at 1-800-627-3529. Respanses to this RFP will 6e public infarmation under the Minnesota Data Practices Act, Minnesota Statutes Chapter 13. I. GENERAL REQUIREMENTS Interested firms should submit thear prQposal no later than 3:OQ P.M. March 3 9t", 2010 ta the Director of Public Works, 637 38th Avenue N.E., Columbia Heights, MN 55421. in su6miiiing a proposai to provide the r~quested 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 fifteen (15)~pages, excluding figures, resumes of personnel, firm experience, qualiFcations, site plans, etc. 2e The praposal should not contain non-applicable promotianal materials and should address only the points requested in this do~urn~nt, including proposed tirne sehedule tc~ complete the work. If reqnested elsewhere fn this P°, provide separate schednles and fees far separa~e sections of the ~ork. 3. A schedule af the most current billing rates for individuals invalved; this must include a tatal cost to complete the work in the specified time frame. Provide a proposed detail budget eorresponding to the detaited scope of duties as requested elsewhere in this RFP, in a separate, sealed envelope clearly identified as the project budget. 4. Ten (10) copies of the proposal should be addressed to the Director of Public Works/City Engineer, 637 38th Avenue N.E., Columbia Heights, Mir,nesata, 5542 t, to be received by 3:00 P.M. March 19`", 2010. 5. If the firm is proposing to use sub consultants, the sub consultant should be identified along with how the work will be divided. 6. The City of Columbia Heights reserves the right to reject any proposai 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 22°d, 20l 0. 132 RFP Construction Services - Pedestrian Bridge Page 2 II. BACKGROUND C)ver the last several years, the City has sought funding to replace the pedestrian bridge over TH 65 just soutl~ of 49`h Avenue (CSAH 4). The bridge provides a key link over a high traffic route (30,000 vehicle per day) to destinations including TSD 13 schools (4), parks and retail sites. The City has been awarded Federal funding through the ARRA in the amount of $2,520,000 and through TC5P funds in the amount of $475,000 appropriated through Congressman Keith Ellison's office for the bridge reconstruction. The new structure will replace an existing pedestrian bridge built in 19~0 that is not ADA compliant. The City is in the final stages of obtaining Mn/DOT approval to proceed with the bidding and construction phase of the project. Bridge removal and construction costs were estimated at $2.42 M. The goal for the City is keep the existing pedestriac~ br;dge in sErvice frotn the end ai iV1ay 2~1 G and to have the new bridge open to pedestrian traffic on or befare September 7, 2010. Accordingly, right-af-way far the projeet has been acquired. Final plans & speeifications dated January af 2010 are attached herein. The project was let on January 21 s~, 2010 and is tentatively scheduled to be awarded to the low responsive bidder in March of 2010 (see attached abstract). It is estimated that construction will take approximately 4 months to substantial cornpletion and an additional 2 rrionths for project final inspection and closeout. Each proposal should specifieally address the consultant's ability to adhere to the project schedule by providing the appropriate staffing resources to the project. IIT. SCOPE OF SERVICES The services requested in this RFP are for FULL SERVICE Construction Engineering including Project Management, Contract Administration, Construction Q~ser~atian, rorastr~etion Sarveying and Materials Testing during removal and construction of the pedestrian bridge over Trunk Highway 65 (Central Avenue} just so~th of Co~~nty State Aid Highway 4(49~h A~crue}. A d~tailed Sca~e af Wo~k is attached in Ezhi6it `A' The responders should detnonstrate their experience in dealing with compleY intergovernmental projects. Respondent's project team personnel should have similar experience with warking on complex projects dealing with federal aid projects, bridges and utility relocations. All work shall be done in a~cordance with Mn/DOT requirements for federal aid projects and new TRACS system ARRA reporting instructions. MnDOT has updated the TRACS from previous versians because af new Federal requirements on ARRA funded projects. All records and reports shall be maintained in accordance with Mn/DOT's record retention schedule for federal aid projects and ARRA updates. (see attached memo from Rick Kostohryz dated October 1, 2009 with form 1589 instructions dated 10-2009). THE FOI.,LOWING IS ESTABLISHED AS A M1NIMUM SCOPE OF SERVICES: 1. Project Management and Contract Administration 133 RFP Construction Services - Pedestrian Bridge Page 3 Coordinate the construction and cantract adrninistration for the project including, but not limited to the following: Project Management Coordinate with Mn/DOT Federal, State Aid and Permit departments Conduct and document Preconstruction and Weekly canstruction meetings Address business access, pedestrian access,lSD 13 and Metro bus stops/routes Review and approve shop drawings Coordinate NPDES permit applicatior~ submittal with Contractor Coordinate public and private utility relocations identified in the plans Schedule materials testing and Piant monitoring by Mn/DOT Document changes to plans Deliverables 1`+!deetir,b minutes Pertinent eorrespondence Approved shop drawings NPDES Permit Record drawings Cantract Administration Coordinate with MnDOT Federal and State Aid departments Monitor the project status and hudget Document pay items and prepare payment vouchers Prepare and submit Work orders/Change orders/Supplemental agreements if needed Prepare and submit Change of Construction Status and Weekly Construction Diary Monitor Labor complianee requirements and EEO DoeLiinentation Deliverables Pertine~It carre~pondence Payment vouchers Wark orders/Change orders/Supplemental agreements Change of Construetion Status and Weekly Construction Diary Labor compliance requirelne~~ts and EEO Doc~.imentation 2. Construction Observation ~ll construction inspectors shall 6e engineers or certified technieians with experience in the type of construction being observed. Inspectors shall maintain a daily diary as recommended by Mn/DOT. Inspectors shall monitor erosion control in accordance with project SWPPP. Deliverables Daily diary upon request Weekly summary report Erosion control monitoring logs 3. Materials Testang 134 RFP Construction Servaces - Pedestrian Bridge Page 4 An independent testing laboratory subject to approval by the City Engineer shall conduct materials testing. Personnel shall have the required Mn/DOT certifications. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Materials testing shall be of the type and frequency stated in the Schedule of Materials Control including observations of personnel as required by Independent Assurance Schedule, Mn/DQT o~ill perform QA cancrete and bituminaus plant monitoring. Signed copies of all test rcports shall be sent at once to the City Engineer, Project Engineer and the Contractor. These copies shall be received by the Engineer(s) prior to authorizing the placement of any materials. Deliverables Test reports Project Manual with all tesC reports and pertinent information 4. Information Provided By City The City has provided the following information on DVD in .pdf format with this RFP: • Available as-built drawings and/or engineering plans for project area including ~:ig:r.al ~r:d~;, ~~~ns ~~P J2C7-27, Urid~E C2v2i, ~aied bI3/i~). • Draft final plans and specifications • Geotechnicat Report ~ ~ Project Memorandum • DCP Agency Agreement 5. Project Constraints • Right-of-Way and Ease~nent limitations ~ TH 65 Pedestrian Crossing during canstructian IV. PIZOPOSAL CONTENTS Proposal Questions Responders, wha have any questions regarding this RFP, must submit questions by e-mail only to: Kevin Hansen E-maiL• t~~vit~.I_Iar~s~~7~c~ci.cc~lu~ni~ia-h~i~l~ts.~stn,~xk All questions and answers will be e-mailed to all persons sent an RFP. Please note that questions will be posted verbatim as submitted. Questions regarding this RFP must be received by the City no later than 4:30pm Central Standard Time on Mareh 12tb, 2010. Responses will be sent by end of day March I 5`", 2009. 135 RFP Construction Services - Pedestrian Bridge Page 5 Na other department personnel are allawed to discuss the RFP before the proposa( submission deadline. Contact regarding this RFP with any personnel not listed above could result in disqualification. Pro'eci t l~pproach Should reflect the firm's understanding of the requirements af the project and present a task- by-task description of the work to be accomplished. Merely restating the scope of services will not be acceptable. 2. Schedule Should include a schedule depicting the task activities, their inter-relationships, and the projected completion dates. It should also contain a discussion of the firm's total staffing and its procedures for maintaining schedule compliance in the event of unforeseen de(ays or other such circumstances. Proiect Personnel Should outline the general respansibi(ities of the firms to be involved if mare than one. Should alsa contain the names of personnel with key responsibilities for the work and a description of their role and duties for this job. It must also include an organizatianal chart far these people, delineating responsibilities and shawing lines ofauthor~ty and communication. It should also contain biographical resumes of these ind'rviduals with emphasis on their background on comparable projects and similar roles to those proposed for t~ic r~r~~r~t, 4. Releva»t Experience Should discuss demonstrated experie~ice of firm and project team with projects of similar scope and inagnitude to the proposed praject. An outline of the responder's background and experienee w~th partieular emphasis on federal-aid, state and iocal levei of government work. Identify personnel to conduct the project and detail their training and work experience. No change in personnel assigned to the project will be permitted without approval of the City. Provide a minimum of three (3} examptes of same or similar federal-a~d projects c~rnpl~ted by ihe responder's firm or projeet team personr~el. 5. Performance A detailed work plan identifying the wark tasks to be accomplished and the budget hours to be expended on each task and subtask. This work plan will be used as a scheduling and managing tool by the City and will serve as the basis for invoicing. The work plan shall also identify the deliverables at key milestones in the project and shall indicate the level of City participation in the project as well as any other services to be provided by ~he City. City staff intends to be actively invoived with the project. 6. References Should contain referel~ces that may be contacted for the siinilar projects discl~ssed in the Experience and Performance Sections. A listing of the names, addresses and telephone numbers of at least three (3) references for which the respondent has performed similar work in the last five years. 7. Sclledule of Rates and Charges 136 RFP Construction Services - Pedestrian Bridge Page 6 Should contain a schedule of hourly billing rates for each category of professional, technical and clerical employee. Specifically, provide an hourly rate for each employee who may be involved in this project. Also, include rates of miscellaneous charges, such as copies, mileage, etc. 8. Benefits to Columbia Hei~hts All things cansidered, summarize why you believe the City of Columbia Heights should retain your firm to perform this praject. Va EVALUATION CRITERIA AND SELECTION PROCEDURES Qualification Based Selection The Cfty is proposing to use the Qualificat'ron Based Se(ectian rnethod on this project. Upon receipt of the proposals, the City rnay decide to interview two of the highest scoring ~rms as part of the selection process, or choose a single firm. Final contract negotiations will then take place with the frm selected out of this process. Once the final scope and fees are finalized, the rzcommended firm will 6e presented to City ~Council for approvaL If, within 14-calendar days, the City cannot reach successful negotiations of the scope and fee with the top-ranked firm, the second-ranked firm will be contacted with and the process will start over. Disadvantaged Business Enterprise (DBE) Requirements Tl1e performanee of this contract shall meet the requirements of the attached Disadvantaged Business Enterprise (DBE) Special Provisions - Consultant Contracts. This project has been deemed T~ac~/~t;ncf~,r ~~cut~•al -- referc.~lc~ I2~cefC`r~~1c~~~r C~c~al ~iat~c~ ~,/20t}ti. ~ tt~ct~ed. Representatives of the City wilI eval~zate a11 proposals received by the deadline. A 100-point scale will be used to create the evaluation recominendation. The factors weighing on which proposals will be ju~ged inctude the follawing: Prop~sals wiIl b~ evaluated on the foliowing criteria: 1. Expressed understanding of praject objectives ...................................... 25% 2. Work P[an ........................................... ................... 20% ................................ 3. Qualifications/EXperience of personnel assigned on the project ........... 45% 4. Qualifications/Experience of company .................................................. 10% Tatal ZpQ% Understandin~ af praject object'rves Project Approach Benefits to Columbia Heights Work Plan Schedule Performance Qualifications/Experience of personnel Project Personnel Relevant Experience References Qualifications/Experience of com~any Relevant Experienee References The City will evaluate proposals and a consultant will be chosen on the basis of qualifications only. Due to the t~ming of the project and schedule of City Council meeting dates, all responders will be required to 137 RFP Constructian Services - Pedestrian Bridge Page 7 submit a detailed scope of services and budget with the original proposal subrnittal, in a separate sealed envelope (single, original copy only). The City and the Consultant will then meet immediately to negatiate a final scope of services and cornpensation. If the City and initial selected consultant are unable to agree upon a scope of services and compensation (as determined by the City in its sole discretion), then the City may declare negotiations to be at an impasse, and will cominence negotiations with the next highest ranked responder. VI. Limitations, Terms and Conditions This Request for Proposal does not commit the City of Columbia Heights to award a contract, pay costs incurred in the preparation of a proposal or to procure a contract for services or supplies. The City of Columbia Heights reserves the right to accept or reject any or ail praposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirety this Request for Praposal if it is in the best interest of the City of Columbia Heights to do so. If, for any reason, the firm selected is not able ta commence services under its proposal within 20 days after its award, the City reserves the right to award the contract to the next most qualified firm. The City will retain ownership af alI reports, site plans or other submittals prepared under the proposal. This proposal will be the only submittal for firm selection. Interviews are not proposed as a selection criterion. The firm that the City believes to be the best qualified based on the criteria a~ave wiil be invi~ed ta enter into a contract to perform this project. If you have any questions, please contact me at 763/706-3705. Y~urs tn~ly; Kevin R. Hansen, PE Pul~tic Wc~rks I3irector/City Engineer Attachments: 1. Bid Abstract 1/21/10 2. Exhibit `A' - Scope of Work 3. DBE Race Gender Goal 138 Ciry of Columbia Heights TH 65 Pedestrian Bridge City Project 0906 Ezhibit A Scope of Work It is the goal of this project to provide Construction Engineering Services inchiding Contract Administration, Construction Inspection, Construction Materials Testing, and Construction Surveying services for a pedestrian bridge reconstruction project on Trunk Highway 65 (TH-65) and Anoka County State Aid Highway 4(CSAH 4) in the City of Colu~nbia Heights, Minnesota. The Consultant will provide the following: 1.0 Construction Inspection 1.1 Attend and when necessary, direct any conferences or meetings necessary for close coordination during day-to-day progress of the work or as required to carry out the construction contract. Meetings will include a preconstr~tction and close out meeting. 1.2 Become familiar with the standard construction practices of the State, the construction plans and construction contract for the project, and the canstruction contractor's proposed schedule of operatians prior 2o beginning fteld services under the constructiai~ co~ltract. ] 3 Assign a sufficient number of technically qualified and experienced personne( to the project to perform the services required under the constructian contract, in a timely manner to avoid delay to the construction contractor. 1.4 Notify the State's Praject Mai~ager ~mmediateiy of any unanticipated project conditions. 1.5 Withdraw any personnel ar halt any services no longer required, within a reasonable ti~ne aiier the lack of neea necomes apparent to ti~e consuitant, or at the request of State's Project Manager. 1.6 Perform field operatio»s in accordance with Occupational Safety and Health Administration (OSHA) regulations and accepted safety practices. 1.7 Provide for personnel transportation, supplies, materials and incidentals as needed to aecomplish the servic~s rec~uired under the constrciction contract. 1.8 Provide on-site canstruction inspectian on a full time basis during construction acti v ities. 1.9 Provide and coordinate with the City utility department engineering services for the inspection of City utitities. 1.10 Make certain that test repart records or certificates of compliance have beei7 received, prior to the incorparation of materials in the work, for ~naterials tested off the project site. l.11 Prepare and submit such periodic, intermediate and final data and records as may be required by the State and as are applicable to the project. 1.12 Collect, properly label or identify, and deliver to the State all original diaries, logs, notebooks, accounts, records, reports, a»d other documents prepared in the performance of the construction contract, upon completion or tennination of the construction eontract. Keep daily diaries, logs, and records consistent with State practices as are ~~eeded for a recard of the construction contractor's constructio~~ progress. l.13 Collect, log, and channel shop drawings to and from construction contractor to appropriate State office or local agency for approval. 1.1 ~ Review and monitor the construction contractor's schedule for constr~iction and provide on-site inspection services wl~en fl~e project starts. 1.15 Prepare all appropriate coi~struction contract time documents (weekly constt~iction 139 Cit}r of Columbia ~Ieights TH 65 Pedestrian Bridge City Project 0906 diaries and status reports) in accordance with Mn/DOT's standard specifications, and special provisions af the Contract Administration Manual (incorporated by reference). Submit to State for review. L 16 Perform daily reviews of construction signing, detour signing, and construction traffic control maintenance. Take any corrective action necessary and notify State's Project Manager in writing of the action taken. 1.17 Complete daily inspection reports, material certification and constructiol~ co»tract correspondence. Collect documentation, in accordance with the State's Contract Administration Manual, for work quantities completed. Measure and compute quantities of all materials incorporated in the work and items of work completed, and record data in to the Field Ops database. I.18 Document changes in plans and specifications for as-built plan preparation. l.l9 Perform reviews of temparary and permanent erosion control measures on the project for compliance with applicable permits and specifications. Keep a diary of reviews and recommendations made to the construction contractcr for remedial action to be taken. 1.20 Prepare partial estimate pay vouchers using Field Ops and provide to the City of Columbia Heights for appraval. PartiaC pay vouchers will be generated at regular intervals not to exceed once per month. 1.21 Review conslruction contractor sub~nittals of records and reports including: weekly payroll; statemeut of wage compliance; req~iests far payment of materials on hartd; or other reports and records as required far the project by the State. 1.22 Place all project data into TRACS database. 1.23 Final Inspection - conduct final inspection and recommend project acceptance. 1.24 Frepare ilnai documeniaiion of construction pay item quantities, as per the State approved plans, Specifications, Special Provisions, and Contract Administration Manual. 1.25 Final Payment ~oucher - generate a draft final voucher using Field Ops and submit to State's Project Manager and the City of Columbia Heights for review and approvai. ~ta~e's Pr~rject Manager wilt produce the Final Payment Vo~icher and Cei~tificate of Final Acceptance. ~ 1.2~ Documentation - pi-epa~~e fii~al project documentation in accordance with the Mn/DOT Constrz~ction Manual. 1.2'7 Provide pavement marking activities such as surveying and dociimeFlting in plaee striping, spatting far interim and final marking, atld inspecting the installatiou of pavement markings. 1.28 Caardinate bituminous, cancrete, and pre-fabricated steel plant inspections with Mn/DOT's Plant lnspectors. 2.0 Materials Samnling and Testin~ - Field Samplin~ and Testin~ 2.1 The Consultant will perform sampling and testing of all component materials used on the project and witl aiso obtain samples for submittal to the State's District Laboratory. Field testing may include, but is not limited to, concrete (air tests, slump tests, cylinders, etc.), plant inspection, bituminous (asphalt cement samples, temperatures, quantity weigh tickets, gradations, etc.), grading and base materials (gradations, moisture, density, etc.), pile driving (driving depth, etc.) in accordance wit11 the currellt State Schedule of Materials ControL The Consultant wi11 sample and test as appropriate, materials to be incorporated in tl~e work and will reject the 140 Ciry of Calumbia Heights TH 65 Pedestrian Bridge City Project 0906 construction contractor's work and inaterials not meeting the designated criteria. 2.2 Materials testing will be done in accardance with the current State Schedule of Materials Control and State Standard Specifications or as modified by the contract special provisions. Where the State Schedule of Materials Control specifies laboratory/Agency testing, those tests will be performed at the idenrified State District Materials Laboratory. The Consultant will be responsible for deliveriizg the samples to the identified State District Materials Laboratory. 23 Keep daily diaries, logs and records as needed consistent with State policy for a record of the construction contractor's progress. Necessary concrete, bitttminous and grading and base reparts will be prepared by the Contractor and submitted to responsible parties as required during the same week that the construction work is done or as otllerwise directed by the State's Project Manager. 2.4 All testing equipment used by the Contractar will be calibrated at least once per year, or at the specified intervals, in accordance with the State's Laboratory, Bituminous, Cancrete and Grading and Base Manuals. 2.5 No provisional certifications will be allowed for this Contract, except as approved by the State's Project Manager and the District Independent Assurance Inspector. 2.6 The Cantractor will contact the District Independent Assurance Inspector and request an independent assurance review for the project. This review may be necessary far all testers and observers; at teast ane documented check of each tester and observer is required each year. The individual tester ar observer mav be required to perfonn the test(s) in either the field or at the State's District Materials Laboratory. The tester is defined as the indiviciual who actually runs the test. The observer is defined as the inspector who watches the construction contractor run the test. 3.0 Contract Admfnistratfon 3.1 Schedule and atte~~d a meeting with the State's Project Manager prior to the preconstructian conference. This meeting wilI provide a review of the construction cantract requ'rrements of the project along with informatioiz necessary to properly measure an~ pay for the construction cantract ;~ork ai~d for th~ cc~tr~pietior~ af the final voucher. 32 Irnmediately after tI~e construction contract is awarded, schedule and attend a meeting with appropriate State personnel prior to the preconstruction conference. This meeting will be attended by the State's Project Manager, the Consultant, and the Compliance Officer. Copies of the Equal Opportunity Contract Admi»istration Manual and Procedures will be assigned. At this meeting, handouts, agenda and training will be conducted for handling the utility preconstruction conference and preeonstruction conference. 3.3 Schedule and conduct a utility preconstruction conference if deemed necessary and preconstructioil confere~lce for the project. Record signifieant information revealed and decisions made at these conferences and distribute copies of these minutes to the appropriate parties. 3.4 Maiiltain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the construction contractor, includi~~g q~~antities of pay items in conformity with final estimates preparation procedures, and specifications. The Consultant will immediately report 141 City of Columbia Heights TH 65 Pedestrian Bridge City Project 0906 apparent significant changes in quantity, time or cost as they are noted to the State's Project Manager. 3.5 Review Construction Contractor's Critical Path Management (CPM) Schedule for compliance with the contract specifications and provide recommendations for acceptance or rejection of baseline and update schedules to the State's Project Manager. 3.6 Maintain Contract Time and Project Diary for the entire project. 3.7 Maintain a log of all materials entering into the work with praper ind~ication of the basis of acceptance of each shipment of material. 3.8 Maintain records of all sampling and testing accomplished and analyze such records required to ascertain acceptability of materials a~1d completed work items. The field reports for records of work and testing results must be submitted within one week. 3.9 At least once each montll, tabulate the quantity of each pay item satisfactorily completed to date. Quantities will be based on daily records or calculations. Calcutations must be retained. The tabulation will be used for preparation of tl~~ Monthly Pay Vaucher. The Monthly Pay Voucher must be generated by the Contractar utilizing the Field Ops system. 3.10 Provide to the constri2ctian cantractar interpretatians af the ptans, specifications and contract provisions. The Consultant will co»sult with the State's Project Manager and City of Columbia Heights Engiueering staff when an interpretation involves complex issues or may have an impact on the cost of performing the wark. When warranted, the State's Project Mai~ager may request an interpretatian from the Consultant. 3.11 Evaluate Value Engineering Proposals, in cooperation with the State's Project 1'~laila~c-°, a~7d provide conciusions as to whetiler or not proposed changes are structurally equal to the planned constrLiction as well as the validity of estimated savings to the State and the construction contractor. 3.12 Analyze changes to the plans, specifications ar contract provisions and extra work that appear to be necessary to carry out the intent of the canstruction contract. When it is dete~~ired that a chai,g~ or extra wark is necessary, the Coilsultant wiii make recommendations to the State's Project Manager for approval. 3.13 The ~onsultal~t will carry aut all aspeets of Staf~e Specif cations 1 ~ I S and 2fi5 i. Ali activities are to be approved by the State's Praject Manager. 3. I4 In the event that the constructian cantractor gives notice, either written or verbal, that it deems certain work ta be perfarmed is beyond the scope of the canstruction contract and it intends to claim additional compensation, the Collsultant will maiutaiil accurate records af the casts i~lvolved in sl~ch work. These records must iilcllide manpower and equipme~lt times and materials installed (temporary or permanent) in the portion of fl~e wark in dispute. 3.15 In tl~e event that the construction contractor for the project submits a claim for additional compensation, the Consultant wi11 analyze the submittal and prepare a recommendation to tl~e State's Project Manager covering validity and reasot~ableness of the charges and canduct negotiations leading to reco~nmendations for settlement of the claim. The Consultant will maintain complete and accurate records of work involved in claims. 3.16 In the event that the construction contractor for the project submits a request for extension of the allowable contract time, the Consultant will analyze the request and prepare a recommendation in accordance witl~ the State's Co~ltract Administration Manual to the State's Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. 142 City of Columbia 1-leights TN 65 Pedestrian Bridge City Project 0906 3.17 Prepare and submit to the State's Project Manager a Fina] Voucher and Pinal Documentation and one set of as-built plans. This information is to be submitted within sixty calendar days after the final construction contract completion date. 318 Assist the appropriate State offices in preparing for arbitration hearings or litigation that may occur in connection with this Contract. 3.19 Monitor the construction contractor's compliance with contract provisions in regard to payment of predetermined wage rates in accordance with State procedures. This includes subcontractor compliance. 3.20 Serve as the Compliance Officer for surveillance of the construction contractor's compliance with construction contract requirements. The Compliance Officer is responsible for reviewing, monitoring, evaluating and acting upon documentafian required for contract compliance and maintaining the appropriate files thereof. Typical areas of compliance responsibility include Equal Employment Opportunity (EEO) Affirmative Actions for the prime coniractor and subcontractor, Disadvantaged Business Enterprise (DBE}, Contractor Formal Training, Payrall and Subcontracts. 3.21 The Compliance Officer will keep all related documents and correspondence accurate and up to date. The Compliance O~cer will also attend all compliance reviews and furnisl~ the complete project files for review. 3.22 Monitar the construction project to tl~e extent necessary to detennine whether construction activities violate the requirerner~ts crf any permits. Notify the construction contractar of any viatations or patential violations and require its immediate resolution of the problem. Violations must be reported to the State's Project Manager immediately. 3.23 tvtaintain a compiete Iog ofaii submittals of'shop drawings, noting the dates of first submittal and subsequent reviews and re-submittals, approvals, etc. The Consultant will take note of and ensure that any changes are properly carried through to construction and will further record, report, make recommendations and adjudicate upon any circumstances which affect the progess or cost of the work. The Ccsnsultant w~itl actively encourage all reviewers to accomplish reviews promptly. Shop drawings will also include any manuals or similar documents autlining propased consiruciiali procedures submitted by the constructian contractor. 3.24 Provide coordinatior~ between the construction contractor and utility companies to assure that conflicting utilities are removed, adjustzd or protecte~ in-place in a timely maimer to minimize delays to coi~struction operations. Documentation ~uill be maintained in accardance with the State's policies. 3.25 As required by the State's Project Manager, provide inspection of tirtility work including reimbursable utilities that are shown in the construction contract. This will also include all required docuinentation. 3.26 Conduct a weekly meeting with the construction contractor, subcontractor and/or utility companies to review plans, schedules, problems or other areas of concern. The results of these meetings will be recorded with minutes distributed ta all affected parties including the State's Project Manager. 3.27 Conduct and document field reviews of the maintenance of traffic aperations including after normal working hours, weekends and holidays. 3.28 Conduct and document weekly field review of temporary a~1d permanent erosion control tneasures and any deficiencies. 3.29 To prevent delays in the construction contractor's operations, the Consultant will promptly prod~ice reports, verify quantity calculatio»s, field measure for payment purposes and/or write communications. 143 City of Columbia Heights TH 65 Pedestrian Bridge City Project 0906 3.30 Upon identification of a proposed changed condition or construction contract change, the extent of change must be analyzed and an order of magnitude estimate of cost and time change, if any, will be prepared. Prior to receipt of the construction contractor's estimate, the Consultant wilI prepare the fair cost estimate. 3.31 Negotiate all construction contract changes in accordance with the State's Standard Specifications utilizing Contractor's prepared fair cost estimate, along with approval from the State's Estimating Sectioil. Sub~nit the results to the State's Project Manager and repart if agreement is not reached. State's Praject Manager wiil review and approve, with concurrence from the City of Columbia Heights, recommended changes in cost and time. The Consultant will prepare construction contract cl~ange documents and track the status of each one until executed. 3.32 Videotape the preconstruction conditions throughout the project limits. Provide a photo record of project activities, with heavy emphasis on potential claim items/issues, and on areas of real/potential public controversy. 3.33 Provide public information seryices as required tcs manage inquiries fram the public, public officials, businesses and the news media. This v~ould include but not be li~nited to acting as liaison for the State in matters dealing witl~ public meetings (notifications, arrangements, recording), construction meetings, and media (preparing press releases, newsletters, newspaper articles, public advisories) and responding to and recording contacts from the general public. 3.34 Prepare construction coi~tract change documents, including supplemental agreements, wark orders and/or change orders. 3.35 Provide public ii~formation services as required. 3.36 Assure and/or review compl'rance by the canstruction contractor with the ARRA reporting requirements. 3.37 Provide and/or coordinate the assembly of any necessary documentation for any ARRA Construction Inspection Reviews. 3.38 Communicate all temparary lane closures 24 hours in advance to Sue Boyd (651-366-4300). All services inust be coordinated through the State's Project Manager. 4.Q Constructian Sarveyin~ 4.1 The Consultant will provide the Canstruction Surveying for this project. Mn/DOT Staildard Specification 1508 is modified to the extent tliat the Consultant will meet all the requirements of, and provide all the services listed in Specification 1508 which would otherwise be provided by Mn/DOT. Additional requirements and modifications are shown below: 4.2 Consultant will provide Cantrot Surveying to set the horizontaI and vertical control points in the field for the project as iildicated in the plai~s from tl~e chart labeled Horizontal and Vertical Co»trol. Consultant will alsa provide electronic data in the fonnat that was used in the accomplishment of the surveys for the Construction Plan, and in the Construction Plan development itself. No warrantee is made that the data systems used by City or any consultants employed by City for surveying or construction plan preparation will be compatible with the systems used by the Contractor. ~ ~ , 4.3 Construction Surveying by the Consulta~7t - requirements are as follows: Construction surveying is definecl as accurately providing all necessary 144 City~ c~f C'oiumbia Heights TH 65 Pedestrian Bridge City P'roject 0906 computations, stakes and marks to estahlish lines, slopes, elevaCions, points, and continuous profile grades in accordance with Mn/DOT Standard Specification 1508 and the requirements shown in the plan for construction staking; so that the Construction Contractor's forces are able to construct all the required wark for the project in accordance with the Contract requirements; so that Consultant is able to complete all necessary inspection and contract administration duties. The surveying must be done in a way that is timely, and that is reflective of tl~e continuing and ongoing nature of construction and inspection activities tl~at will generally require frequent, separate project visits by the Consultant's personnel to the project to accommodate the various stages of construction and inspection activities that will occur. Contractor will retain a Professional Land Surveyor or Professional Engineer, licensed in the State of Minnesota, to directly supervise the Construction Surveying. Consultant will: - Contractor will retain a Professional Land Surveyor or Professional Engineer, licensed in the State of Mimlesota, to directly supervise the Construction Surveying. - Be responsible for the preservatian of all reference points, monuments, control points, stakes, and marks that are established by City, State or others within the project limits. %~ Be responsible to review, balance, adjust, carrect, anc! investigate City or State provided data and to perform any other work an survey data and cantrol points that may oe necessary to use the survey points and data. > All stakes and marks witl be set according to the staking infonnation sheets included in the plan. ~ Furnish and instaii ~raf~c control dev~ces acearding to the current Field Manuai for Temporary Traffic Control Zone Layouts, (MN MUTCD), necessary to conduct surv~ying aperatiorts. -~erfonn ali Canstruction Surveyin~ fc~r alt project c~nstruction as shc~~rn in 1l~Irt/DOT Standard Specification t 508, and install reference points as needed for the ~~se of any public utility crews that are stakiisg or accompIishing utility relocation or construction associated with this Contraet. o From Horizontal and Vertical Control Poi~sts established by the City or State. o According to the plan, proposal and standard specifications. o According to the Mn/DOT Suiveying and Mapping Manual. - Perform Bridge and Structure Construction staking which includes setting and re- establishing working points and reference points by XYZ coordinates to provide line and grade during all stages of work, and at all substructures and segments of Bridge or Structure Construction, as shown below: o Establish working points or reference points approved by State's Project Manager on the ground as sllown on the bridge layout sheet in the plans. 145 City of Columbia Heights TH 65 Pedestrian Bridge City Project 0906 o Transfer of required points from the ground to the top of footing after completion of concrete footing construction. If the structure is a curved wall, Consultant will mark a clirved line on the footings as needed for construction and inspection activities. o Transfer required points to the top of al] finished substructures. o Transfer required points to the superstructure deck forming. - Document surveying as construction progresses in a fonn accepiable to State's Project Manager and allow access to surveying notes and calculations upon request. The survey documentation includes: o Coordinates and reference ties for final alignment monumentation. o Reference ties for control station monumentation. o Field notes that were used to set construction stakes, control the Project, and document monument 1QCatians. Cansultant v~~ilI use bound, harc! cover field books for recording survey data and field notes; store tield notes on a~1 electronic medium; or use both methods. When an electronic medium is required by Mn/DOT, Consultant will use the standard Mn/DOT electronic file format pravided by State's Project Manager far the profile, alignment, and sewer data. ~ Furnish survey dacumentation and as-buiit survey data in a format acceptable to State's Project Manager within the titne limits indicated in the surveying work schedule. The as-built survey data will: o Show the co~lstrtiction cl~anges in aligivnent, profiles, typical seetions, structures, drainage, tapers, roadway widths, and curb types pertaining to location and elevation, on the copy of the appropriate construction plan and tabulation sheets. o Sha~v revised eoordinates if the plan had coardinates for any af the abave items. o Show revisions in centeriine station and oftset if the item had no eoordinates. - Any determination of, or marking of, rigl~t-af-way ~nust be performed under the supervision af a Licensed Land Surveyor. Additionally, for ihose projects let after 31 August 2007, an il~dividual holding a NSPS - ACSM Level III certification in Construction Surveying, an LSIT, or a licensed Surveyor/Engineer, will be on the Project site at all times to directly supervise the survey crew(s). 4.4 Consultant Surveying Activities: T11e Co~~sultant will give State's Project Manager a 14 calendar day written notice before the Contractor needs State to establish horizontal and vertical control points shown in the plan for Construction Surveying. 4.5 At the preconstruction conference, the Consultant will submit to the State's Project Manager far approval a written Construction Surveying Work Plan and Schedule detailing: 146 City of Columbia HeigF~ts TH 65 Pedestrian Bridge City Project 0906 o Pertinent information as to how the requirements in these specifications are being met by Contractor. o Items of Contract work that will require staking by the Consultant. o How each of these items will be staked, and how the field informatian stakes and marks will be made. o A project specific construction surveying work schedule for the construction surveying and how it relates to the time frame far construction activities and inspection needs. o A proposed metl~od of communications between the construction contractor, Consultant and State's Project Manager. o How and when the Consi-Itant wili make delivery of the as-buitt Survey Data to State's Project Manager. 4.6 During the course of construction, Consultant will give notice of commencement of any construction surveying activities according to Mn/DOT 1803.2. S.d Deliverables Detiverables are defined as the work product created ar supplied by the Consultant pursuant to the terms of this Contract. The brief summary of the deliverables of this Contract are as follows: 5.1 Monthly pay vouchers 5.2 Weekly constructian diary reports ~.3 C~rlj,lct~ y~•~jcct s~iri,~i~a~y in Fieid vps database 5.4 Gonstruction contract~change orders ~.5 Original diaries, logs, notebooks, accounts and records for project 5.6 Material certifications a»d testing results. 5.7 As-built plans (hard capy and electranic} ~.~ Meeting rr~itlutes and telephon~ records 5.9 Monthly invoices and progress reports 5.10 I?raft final voucher S.l 1 Final project dacumentation and finalization 5.12 All project docl~mentatian entered into TRACS The State's Project Manager has the authority to update and adjust all project schedules when necessary at progress meetings within the terms af tl~e Cal7tract. The remainder of page intentionally left blank 147