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12/10/2012 Regular Meeting
CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 40'h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at.www.ci.columbia-heiehts.tttn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager 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,December 10,2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City o o um la Heights does not discriminate on the basis ot 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 least 96 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Bob Lyndes of Crestview Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council,upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of November 26, 2012 City Council Meeting P910 MOTION: Move to approve the minutes of the November 26, 2012 Council Meeting. B. Approve Resolution No. 2012-151,being a Resolution Canceling the Regular Scheduled City P920 Council Meeting of December 24, 2012 MOTION: Move to waive reading of Resolution No. 2012-151, being a Resolution Canceling the Regular Scheduled City Council Meeting of December 24, 2012,being ample copies available to the public. MOTION: Move to approve Resolution No. 2012-151,being a Resolution Canceling the Regular Scheduled City Council Meeting of December 24, 2012. C. Approve 2013 Council Meeting Calendar MOTION: Move to approve the 2013 City Council Meeting Calendar as presented. Pg2 2 D. Approve Resolution 2012-150,being a Resolution of a Joint Powers Agreement between Anoka Pg3 5 County, The City of Columbia Heights, and School District 13 in Anoka County, to allocate 4 City Council Agenda Monday,December 10,2012 Page 2 of 6 costs for Election Expenses and authorizing the Management Committee Chair and County Pg3 5 Board Chair to approve minor non-substantive contract changes through the approval process of the other governmental entities MOTION: Move to waive the reading of Resolution 2012-150,being a Resolution of a Joint Powers Agreement between Anoka County, The City of Columbia Heights, and School District 13 in Anoka County, to allocate costs for Election Expenses,there being ample copies available to the public. MOTION: Move to approve Resolution 2012-150,being a Resolution of a Joint Powers Agreement between Anoka County,The City of Columbia Heights, and School District 13 in Anoka County, to allocate costs for Election Expenses and authorizing the Management Committee Chair and County Board Chair to approve minor non-substantive contract changes through the approval process of the other governmental entities. E. Reinstatement of Royalty Program Pg4 5 MOTION: Move to reinstate the Royalty Program in Columbia Heights and to authorize re-start costs up to $5,000. F. Accept Minutes Board and Commission meeting;minutes MOTION: Move to accept the December 4,2012 minutes of the Planning and Zoning Pg5 0 Commission. G. Authorize School Liaison Officer Agreement with CH School District for 2013 Pg5 7 MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1, 2013 through December 31, 2013. H. Authorize Mayor and Cily Manager to enter into Contract for Police Service with the City of P974 Hilltop MOTION: Move to authorize the Mayor and the City Manager to enter into a Police Service Contract with the City of Hilltop starting January 1, 2013 and extending through December 31, 2015 at the rates specified in the contract. I. Approve Transfer of Funds for Grant Reimbursement and Overtime Details from General Fund Pg8 0 to Police Department Overtime line item MOTION: Move to transfer the following from the General Fund to the Police Department 2012 Budget, line item 1020 Overtime: (1) The $4,760.59 received as reimbursement under the Safe and Sober grant(TZD), and (2) the$2,000.00 received as AHDTF overtime, and (3) the$930.00 received from Anoka County as reimbursement for detox transports, and (4) the $3,353.37 received from School district#13 for providing security at CHHS football games, and (5) the $83.00 received from ICS for providing traffic assistance at their marathon, and (6) the $386.00 received from 612 Interactive for providing security at an event at the Heights Theater. 5 City Council Agenda Monday,December 10,2012 Page 3 of 6 J. Adopt Resolution 2012-157,being a Resolution authorizing the Fire Department to apply for the Pg81 Fire and Rescue Shared Services Feasibility Grant MOTION: Move to waive the reading of Resolution No. 2012-157, there being ample copies available to the public. MOTION: Move to Adopt Resolution No. 2012-157,being a Resolution authorizing the Columbia Heights Fire Department to apply for the Fire and Rescue Shared Services Feasibility Study Grant. K. Approval of the attached list of rental housing licenses Pg84 MOTION: Move to approve the items listed for rental housing license applications for December 10, 2012 in that they have met the requirements of the Property Maintenance Code. L. Resolution 2012-156 Adopting Snow And Ice Control Policy Pg86 MOTION: Move to waive the reading of Resolution No. 2012-156, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2012-156,being a resolution adopting the 2012-2013 Snow and Ice Control Policy for the City of Columbia Heights. M. Approve Business License Applications p98 9 MOTION: Move to approve the items as listed on the business license agenda for December 10, 2012 as presented. N. Resolution 2012-154 approving a site plan for 4001 University Avenue NE P992 MOTION: Move to waive the reading of Resolution 2012-154 there being ample copies available to the public. Motion: Move to approve Resolution 2012-154, approving a Site plan for the construction of a new gas station at 4001 University Ave NE. O. Resolution 2012-152 authorizing CDBG grant application for demolition at 3927 Central Pg10 3 Avenue NE MOTION: Move to waive the reading of Resolution 2012-152,there being ample copies available to the public MOTION: Move to approve Resolution 2012-152, authorizing staff to apply for CDBG funds for demolition of 3927 Central Avenue NE. P. Resolution 2012-153 Application of DEED grant for Demolition at 3927 Central Avenue NE Pg10 5 MOTION: Move to waive the reading of Resolution 2012-153 there being ample copies available to the public. MOTION: Move to approve Resolution 2012-153 authorizing submittal to DEED for 2013 grant funds for demolition at 3927 Central Avenue NE. Q. Approve Final Payment for City Hall Boiler Improvements, Project No. 1207 P9107 MOTION: Move to approve and accept the work for the City Hall Boiler Improvements, City Project No. 1207, and authorize final payment of$7,691.00 to Horwitz NS/I Mechanical 6 City Council Agenda Monday,December 10,2012 Page 4 of 6 Construction Service of New Hope, Minnesota. R. Approve Final Compensating Change Order and Authorize Final Payment for Gateway Pg111 Pedestrian Bridge, Proi ect No. 0906 MOTION: Move to approve the final compensating change order and accept the work for the Gateway Pedestrian Bridge, City Project No. 0906, and authorize final payment of$55,481.21 to C.S. McCrossan of Maple Grove, Minnesota. S. Approve Final Compensating Change Order and Authorize Final Payment for Ramsdell Park Pg117 Improvements, Project No. 1106 MOTION: Move to approve the final compensating change order and accept the work for Ramsdell Park Improvements, City Project No. 1106, and authorize final payment of$10,237.26 to C. Mogren of Hugo, Minnesota. T. Approve Final Compensating Change Order and Authorize Final Payment for 2011 Street Pg122 Rehabilitation—Zone 6, Project No. 1102 MOTION: Move to approve the final compensating change order and accept the work for 2011 Street Rehabilitation, Zone 6, City Project No. 1102, and authorize final payment of$34,627.50 to C &L Excavating, Inc. of St. Joseph, Minnesota. U. City-Wide Water Distribution Model Update Pg12 8 MOTION: Acceptance of Water Distribution report by Bolton&Menk dated December, 2012. MOTION: Authorization for preparation of plans and specifications for the replacement of piping in the PRV vault and new mainline valving at Water Pumping Station 2. V. Adopt Resolution 2012-158 Establishing Senior Citizens or Retired &Disabled Persons P9130 Hardship Special Assessment Deferral MOTION: Move to waive the reading of Resolution No. 2012-158, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-158,being a resolution establishing a new maximum income of$31,700.00 for senior or retired and disabled persons to be eligible for special assessment deferral. W. Adopt Resolution 2012-159,being a resolution updating the income limit for senior citizen Pg13 2 utility rates. MOTION: Move to waive the reading of Resolution 2012-159, there being ample copies available to the general public. MOTION: Move to adopt Resolution 2012-159, being a resolution updating the income limit for senior citizen utility rates. X. Payment of bills Pg13 4 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 145982 through 146142 in the amount of$4,445,224.95. 7 City Council Agenda Monday,December 10,2012 Page 5 of 6 MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Administrative Penalties for Liquor License Violations Pg142 MOTION: Move to establish a "1st Violation" penalty with no administrative fine, for serving to a minor on July 19,2012, for SAH Inc. dba La Casita(Mr. Behrooz Anvary-applicant). MOTION: Move to establish a "1 st Violation"penalty with no administrative fine, for serving to a minor on July 19,2012, for Gutierrez and Velez Inc. dba as Puerta del Sol (Mr. &Mrs. Gutierrez and Mr. &Mrs. Velez-applicants). MOTION: Move to establish a "1st Violation"penalty with a $500 administrative fine for serving to a minor on July 19,2012, for Central Avenue Investments Inc. dba as Mr. BBQ (Mr. Mohammed Shambolia-applicant). Fine shall be paid prior to issuance of the 2013 Liquor License. MOTION: Move to establish a "lst Violation"penalty with a$500 administrative fine for selling to a minor on July 19, 2012, for Jeff s Bobby and Steve's Autoworld(Mr. Jeff Bahe-applicant). Fine shall be paid prior to issuance of the 2013 Liquor License. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions P9149 Adopt Resolution 2012-155,being a Resolution adopting a budget for the year 2013, setting the City Leyy, and approving the HRA levy. MOTION: Move to waive the reading of Resolution 2012-155, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-155,being a Resolution adopting a budget for the year 2013, setting the City Levy, and approving the HRA levy. B. Bid Considerations C. New Business and Reports Pg157 Water System Interconnection Agreement with New Bri hg ton MOTION: Move to enter into a Water System Interconnection Agreement with the City of New Brighton while they repair and recondition the High Service Tower located at 3001 5th Street NW. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 8 City Council Agenda Monday,December 10,2012 Page 6 of 6 10.ADJOURNMENT Walter R. Fehst, City Manager WF/tal 9 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,NOVEMBER 26, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 26, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 PM. Present: Mayor Peterson, Councilmembers Schmitt, Diehm, Williams and Nawrocki Pastor Dan Thompson of Heights Church gave the invocation 2. PLEDGE OF ALLEGIANCE-.recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Peterson pulled Resolutions 2012-145 and 2012-149, as they have been brought into compliance. Motion by Nawrocki move to have council corner added to agenda, motion dies for lack of a second. Nawrocki indicated he would like an update on the election results for the public. 4. PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS Mayor Peterson announced the Grand Opening of New Restaurant at Jimmy's Pool Hall and stated there will be a personal appearance by owner, Jimmy Wetch. Mr. Wetch stated that December 1"will be sixteen years that he has been in business here. Jimmy's Pool Hall offers specials Monday through Friday along with a full menu. Wetch invited people to come down the month of December to try out the food and play a complementary game of pool. They have seating for 40-50 people, are able to host banquets and offer hall rental, and have pool leagues Sunday through Thursday. Wetch stated he wanted people to know that it is more than just a pool hall and they offer more than just hamburgers to eat. Fehst stated that he has eaten there several times and said that his food and soups are excellent and suggested that Wetch contact Guy Fieri, food critic to come out and review his restaurant. Williams stated that Mr. Wetch is a world class guy and asked him to inform the people where he came from and what he did before. Wetch stated in 1999 he was ranked 6th in the world in pool and has played the game since he was thirteen. Although he does not compete anymore, he still gives lessons. Peterson thanked Wetch for coming in and telling everyone about his restaurant. 5. CONSENT AGENDA A. Approve minutes of November 13, 2012 City Council Meeting_ 10 City Council Minutes Monday,November 26,2012 Page 2 of 10 Motion: Move to approve the minutes of the November 13, 2012 City Council Meeting. B. Approve Joint Powers Agreement with Anoka County for Assessment Services -removed C. Approval of the attached list of rental housing licenses Motion: Move to approve the items listed for rental housing license applications for November 26, 2012 in that they have met the requirements of the Property Maintenance Code. D. Approve Business License Applications Motion: Move to approve the items as listed on the business license agenda for November 26, 2012 as presented. E. Payment of Bills Motion: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has received the list of claims paid covering check number 145821 to 145981 in the amount of $796,822.49. Nawrocki indicated he would like to have item B removed from the consent agenda for further discussion. Motion by Williams, seconded by Schmitt,move to approve the consent agenda items, with exception to item B. Upon vote, All ayes, motion carried. Fehst took the council through the remaining items on the consent agenda. Item B (removed from consent).Discussion on Approval of Joint Powers Agreement with Anoka County for Assessment Services. Nawrocki asked if the city manager would explain how we handle these assessment services. Fehst stated Mr. Mike Sutherland was here from Anoka County and he could answer any questions. Mr. Sutherland informed the council and public that a couple of years ago the State of MN changed the homestead credit law and they exempted the first$76,000 of market value from a home, and herein Heights there area lot of homes valued under$100,000. Because of this, some residents in Columbia Heights have seen a reduction in their taxes, while homeowners whose homes are valued higher, may have seen an increase. Sutherland stated that there is a portion of the value that is essentially exempt from the taxation law. The county looks at sales ratio and they shoot for 95% on all classes of property throughout Columbia Heights. He suspects that the medium value is lower in Columbia Heights than it is in Andover and other areas and this could be why residents here are seeing an increase in taxes. Motion by Diehm, seconded by Williams, move to Approve Joint Powers Agreement with Anoka County for Assessment Services for 2013-2018. Upon vote,All ayes, motion carried. 6. PUBLIC HEARINGS A. Second Reading of Ordinance#1610 Liquor Administrative Penalties 11 City Council Minutes Monday,November 26,2012 Page 3 of 10 Motion by Diehm, seconded by Williams, move to waive the reading of Ordinance#1610 as there are ample copies available to the public. Upon vote, All ayes, motion carried. Nawrocki asked if this applies to the City liquor stores and if so, are we charging ourselves a fine? City Attorney Jim Hoeft stated that yes,the ordinance does apply to City Liquor Stores. Hoeft further explained that the individual is sited with a criminal violation and the owner is subject to the ordinance penalties through the city. Diehin wanted to make sure that everyone understands this is not a new ordinance,but an improvement to the existing ordinance. We are implementing a more consistent model so all of our businesses are treated the same. The city will be offering best practices meetings to help bring awareness and compliance for employees and employers. Nawrocki asked if the four businesses that were discussed previously were going to be fined or have they been addressed yet. Clark stated he previously discussed this at the last meeting,indicated those four will be coming before the council on December 10"'for possible administrative penalties. These are two separate issues and we want to address them separately. Schmitt asked for clarification in regards to twenty four calendar months' time frame indicated in the ordinance and wanted to know if this always been in there. Clark stated that yes that was always in there. Some communities have a more severe policy with less time in between. Peterson pointed out,the ordinance once approved,would not take effect for thirty days. Schmitt asked if there were any comments from businesses on this ordinance. Clark indicated that no businesses have notified the city with questions or concerns. Kevin Doty,Lions club,stated he had a problem with the fact that 75% of members have to be trained and stated that it is hard to get 40% of people to the meetings,let alone to be part of the best practices. Fehst clarified that just the members serving the alcohol need to be trained. Diehm stated you can choose other options to meet the best practices. Clark stated he wanted to snake sure that everyone understands that there are optional requirements and mandatory requirements. There are different seminars out there that they can attend. You have to have 75%of the selling/serving staff trained. Motion by Diehm, seconded by Williams,move to adopt Ordinance#1610 being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to alcohol related license violations. Roll call vote: Schmitt, aye,Williams, aye, Diehm, aye,Nawrocki, aye, Peterson, aye. 5 Ayes, motion carried. B. Adopt Resolutions 2012-143, 4057 Haves Street NE, 2012-144, 3947 Polk Street NE,2012-146, 1331-33 Circle Terrace Blvd.NE, 2012-147, 1820 49th Avenue NE, and 2012-148, 1605 49th Avenue NE being declarations of nuisance and abatement of violations within the City of Columbia Heights. 12 City Council Minutes Monday,November 26,2012 Page 4 of 10 Fire Chief, Gary Gorman, stated the property located at 4057 Hayes Street is vacant and the siding needs repair, 3947 Polk Street is also believed to be vacant. The property located at 1331- 1333 Circle Terrace Blvd has damaged screens; 1605 49th Ave has vegetation obstructing view on 49th. This was originally handled by Public Works and after 30 days it was turned over to the Fire Department to handle. The owner did trim the bush,but you still have to inch out into the intersection to see around it. We would like to see it removed, because in the spring/summer we will have the same problem and it gets to be a dangerous intersection. Motion by Williams, seconded by Nawrocki,move to close the public hearing and to waive the reading of Resolution Numbers 2012-143, 144, 146, 147, and 148 there being ample copies available to the public. Upon vote, All ayes, motion carried. Motion by Williams, seconded by Nawrocki,move to adopt Resolution Numbers 2012-143, 144, 145,146, 147, and 148 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote,All ayes, motion carried. C. Adopt Resolutions 2012-149, 3851 Quincy Street N.E. being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. -Pulled 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions-none B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported on the recount at the county and after three precincts, Catherine Vesley gained one vote and decided to concede at that point. Nawrocki stated for the record he appreciates being re-elected and thanked the people for re-electing him and he will continue to have more openness in our government and will continue to work towards reductions in property tax levy. He would like the city manager to look at other cities and who they are using for their IS support and would like him to talk to the City of Roseville and obtain more information on how their contracting this out works and the pro's and con's. Nawrocki stated we should add short term parking back onto 40th for people dropping off utility bills or mailing a letter and add an additional one on Mill Street. Fehst stated the city looked at moving the utility drop box and the US postal box would also have to be moved. There is temporary/short term parking on Mill Street. Report of the City Attorney—none 13 City Council Minutes Monday,November 26,2012 Page 5 of 10 9. CITIZENS FORUM Mayor Peterson stated the Taste of Columbia Heights was a success and turned out to be a wonderful time with eight local restaurants participating. 10. ADJOURNMENT Don't forget your services men and women, if you see one on the street, stick out your hand and offer them your gratitude. Mayor Peterson adjourned the meeting at 8:03 PM. Tori Leonhardt, City Clerk/Council Secretary RESOLUTION 2012-143 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Deborah L. Biewerth (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at4057 Hayes Street NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 11,2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 5, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 11, 2012 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 13, 2012 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s)were found to exist,to wit: 14 City Council Minutes Monday,November 26,2012 Page 6 of 10 A. Shall install address numbers in the following location(s) FRONT B. Shall replace the garage service door C. Shall replace the soffit and fascia on the north side of the house that is falling off D. Shall repair/replace the siding on the east side E. Shall replace the cracked windows on the south side 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4057 Hayes Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4057 Hayes Street constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-144 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by The Bank of New York Mellon (Hereinafter"Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3947 Polk Street NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 11,2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights,the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 6. That on September 5, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 7. That on October 11, 2012 inspectors reinspected the property listed above. Inspectors noted that 15 City Council Minutes Monday,November 26,2012 Page 7 of 10 violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 8. That on November 13, 2012 inspectors reinspected the property and found that violations remained uncorrected. 9. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist,to wit: A. Shall replace/repair all rotted siding near front entrance and paint to match 10. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 3. That the property located at 3947 Polk Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 4. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 3. The property located at 3947 Polk Street constitutes a nuisance pursuant to City Code. 4. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-146 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Azah M. Hegazi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1331-33 Circle Terrace Blvd., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 18, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 16 City Council Minutes Monday,November 26,2012 Page 8 of 10 11. That on September 6, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 12. That on October 18, 2012 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 13. That on November 14, 2012 inspectors reinspected the property and found that violations remained uncorrected. 14. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s)were found to exist,to wit: A. Repair all damaged screens B. Repair front storm door 15. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 5. That the property located at 1331-33 Circle Terrace Blvd. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 6. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 5. The property located at 1331-33 Circle Terrace Blvd. constitutes a nuisance pursuant to City Code. 6. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-147 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Craig Pearson (Hereinafter"Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1820 49`x' Avenue NE., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 1, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights,the City Council of the City of Columbia Heights makes the following: 17 City Council Minutes Monday,November 26,2012 Page 9 of 10 FINDINGS OF FACT 16. That on September 24, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 17. That on November 1, 2012 inspectors reinspected the properly listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 18. That on November 14, 2012 inspectors reinspected the property and found that violations remained uncorrected. 19. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Replace missing siding on NE peak 20. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 7. That the property located at 1820 49th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 8. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 7. The property located at 1820 49th Avenue constitutes a nuisance pursuant to City Code. 8. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-148 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned Sharon Weglinski (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1605 49th Avenue NE., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 22,2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of 18 City Council Minutes Monday,November 26,2012 Page 10 of 10 Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 21. That on October 1, 2012 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 22. That on October 22, 2012 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 23. That on November 14, 2012 inspectors reinspected the property and found that violations remained uncorrected. 24. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s)were found to exist, to wit: A. Shall trim/remove vegetation that is obstructing the view at the corner of 49th and Johnson per Columbia Heights Public Works 25. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 9. That the property located at 1605 49th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 10. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 9. The property located at 1605 49th Avenue constitutes a nuisance pursuant to City Code. 10. That a copy of this order shall be served upon all relevant parties and parties in interest. 19 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of. November 28, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM: Adopt Res. 2012-151, BY: Tori Leonhardt BY: Council December 24, 2012 DATE: December 4, 2012, DATE: meeting date. NO: Background: The regularly scheduled second City Council meeting in December is on December 24, 2012. This is the December 24th and 25th observed holidays. In the past years, the City Council has chosen to cancel the last regular meeting of the year. Recommendation: • Cancel the Monday, December 24, 2012 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2012-151, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-151,being a Resolution canceling the Monday, December 24, 2012 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: 20 RESOLUTION NO.2012-151 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY,DECEMBER 24,2012 WHEREAS: The City of Columbia Heights offices are closed on Monday, December 24,2012, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 24, 2012; NOW, THEREFORE,BE IT RESOLVED, that all interested parties be advised of this change. Passed this '�'day of 2012 Offered by: Second by: Roll call: Ayes: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 21 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of. December 10, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish 2012 meeting BY: Tori Leonhardt BY: dates DATE: December 3, 2012 DA'Z'E: NO: Background: In the past City Council Work Session dates have been established for the upcoming year. Discussion: Work session meetings are scheduled for the first Monday of the month. This year the Monday, September 2"a (Labor Day), work sessions will be changed to the following day(Tuesday) at Council's request. The regular City Council meetings for Monday, May 27 (Memorial Day) and Monday, November 11, (Veterans Day)will be moved to the following day(Tuesday) at Council's request. We will wait to hear from Anoka County on possible dates for the Board of Review. The last City Council meeting in December, (which is on December 24), has been cancelled for the last several years, and a resolution recommending cancelation of the December 24h meeting is attached. These suggestions were applied to the calendar and are attached. Recommended Motion: Move to accept the 2013 Council meeting/Work Session calendar as proposed. COUNCIL ACTION: 22 d W F N ' 01 lC �i A a , ti 00 V1 rjo A � i H M g I co cz ti { \p M o .Q N A � x 00 N O N o Af i , i O Q o o J-4 ° o W 3 U - o U .� 0 00 £ oo x oo Qi A z [ r A A H \O M A a w n N 00 ori A a x F 00 O N z N A � W w � A W F N bD p A n A ° o � :b o � W � U .Y o U .� C) q o a°i N l� �i A z M E •--� � r' N d F �O M O N O� tl A >, 00 N N A x F 00 l� N N M_ O A LO N W N U z M O l- �O Cq A � W F V� N bq 0 O � U U O Q o o ° o° °o °o .�-� 00 N � A = z O � 9 COO N N A H �v W a ' C> t .o u r, 00 0 o v) U N N { Z N Q W 0 p bA A � W F o 0 N c� a N t- �M bq � O � U U O q o o bn o on w 3 u en C) o °o --� �c l— 00 t- ` N t— N i A z N Fl a 00 A w � A ' �O M O N N M oA ti N w N z � A � ! 00 �i A ID o U . + E" o v 0 � o Qo o � W U . o f � k � A z q 2 |Q ® 2 % q | Q 7 w 3 ' Q 3 q | 2 � ¢ w ( Q 2 % � 2 K n | Q S 2 q � c @ ; # � c 3 % / \ - z • * d § ( / b / / % / / \ \ f , r c R 3 K 2 2 7 2 -T- $ I J Q z � A �i A w d A x F x d• r+ N A � O N WI N {�{ w �i A � f W H � O O q o o b o W U U 0 0 0 o M O O t", 00 t ! N " N N � i �i A z V h 6 N N of F � A I� a w A ��4 x F r. oo .�. N N COD o � A W m z z on A 3 6 � foc, N N A W F M O h NN N z I Q ci Q 3 .r p N p N O N A � z 00 kn __... A D F d' �t r, 00 N N A a w M O l� \G N N �i A a x FA N 01 D CD N A _ I q) W ch � W 00 kn O A cn W p A M O p A U U o t o a� A z @ V 1 N - N N A a D �i A a W 00 v) A a x � x H M f N IA ! N 9W � co 0 o � w bA N A � W O r-+ 00 � O p A o o bn o ao w 3 U .y u .y 00 �i A z M O l� al F � d N O� •-+ N M A '-+ oo A H 00 rA o i A Z o i3 1 z W � o � C) v o � in o z O o x o A z � p �— m I N � a F ?? � A H w M o � A � a � x3 O z " M � A Q 3g —� soo g � �i Aa ch W3 P bD � O O ; fn C) ! A if co� 6 COLUMBIA HEIGHTS- CITY COUNCIL LETTER Meeting of. December 10, 2012 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER APPROVAL ITEM: Approve Resolution NO: BY: Tori Leonhardt BY: d 2012-150 DATE: December 10, 2012 DATE: Anoka County has approved Contract No. 2012-0362 on November 27, 2012, a Joint Powers Agreement between Anoka County, the municipalities, townships, and school district in Anoka County to Allocate Costs for Election Expenses and authorizing the Management Committee Chair and County board Chair to approve minor non-substantive contract changes through the approval process of the other governmental entities. The original election equipment that was purchased in 2000 is now outdated and we will not be able to obtain support for the equipment or replacement parts as of 2014. The county is recommending that our City Council approve the contract and allow for administrative approval of non-substantive changes. MOTION: Move to approve Resolution 2012-150, being a Resolution of Joint Power Agreement between Anoka County,the City of Columbia Heights and School District 13 to allocate costs for election expenses and authorizing the Management Committee Chair and County board Chair to approve minor non-substantive contract changes through the approval process of the other governmental entities. COUNCIL ACTION: h:\2012president&liaisons 35 RESOLUTION 2012-150 BEING A RESOLUTION OF JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY, CITY OF COLUMBIA HEIGHTS AND SCHOOL DISTRICT 13 IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES AND AUTHORIZING THE MANAGEMENT COMMITTEE CHAIRT AND COUNTY BOARD CHAIR TO APPORVE MINOR NON-SUBTANTIVE CONTRACT CNAGES THROUGH THE APPROVAL PROCESS OF THE OTHER GOVERNMENTAL ENTITIES. WHEREAS: This is a joint Powers Agreement("JPA")between the County of Anoka ("County") and THE CITY OF COLUMBIA HEIGHTS AND SCHOOL DISTRICT 13 IN ANOKA COUNTY.("Governmental Entities"); WHEREAS: Entered into pursuant to Minn. Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections, by the County on behalf of the County and the Governmental Entities. Anoka County Contract No.2012-0362 JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES,TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES This is a joint Powers Agreement("JPA")between the County of Anoka("County")and THE MUNICIPALITIES,TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY ("Governmental Entities")entered into pursuant to Minn. Stat. § 471.59,for the purchase, maintenance and use of election equipment,including conducting elections,by the County on behalf of the County and the Governmental Entities. Section 1 Term 1. This JPA shall be in effect for a four year term,beginning January 1,2013 until December 31,2016, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1,2017. Section 2 Contract Termination 2. During the initial four year term,this JPA may only be terminated by written agreement of the County with the effected Governmental Entity. Beginning January 1,2017, a Governmental Entity's participation in this agreement may be terminated by that _ Governmental Entity providing written notice to the remaining parties no later than June 1 of any year, effective on January 1 of the following year. Upon termination of the agreement, all right title and interest in any election equipment purchased by the County under the terms of this agreement for use by the Governmental Entity shall remain with the County. Any Governmental Entity withdrawing from this agreement assumes all costs,responsibilities and liabilities related to the purchase, maintenance and use of voting equipment in the conduct of elections in that jurisdiction. Any amounts of the Governmental Entity's share of the of the initial cost of procurement of 36 the Voting Equipment System and their proportional share of any other costs incurred by the County on their behalf that remain unpaid as of the date of termination shall become immediately due and payable by the Governmental Entity to the County. Section 3 Voting Equipment System Definition 3. For purposes of this agreement,the Anoka County Voting Equipment System means a system in which the voter records votes by means of marking a ballot,so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center.An electronic voting system includes automatic tabulating equipment;non-electronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots;computer programs used to accumulate precinct results;ballots; system documentation; and system testing as well as software used to manage the assignment,deployment,chain of custody,and associated logistical operations of said equipment in Anoka County. Section 4 Applicability 4. This agreement,and the use of the Voting Equipment System defined herein,between the County and the Governmental Entities is applicable for any election at which offices or questions for the following categories are voted on: Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District Offices or Ballot Questions Category B: Municipal(Township)Offices or Ballot Questions Category C: School District Offices or Ballot Questions Category D: Hospital District Offices or Ballot Questions Section 5 County Responsibilities 5. Except as otherwise provided in this contract or required by statute or state or federal rule, the County shall be responsible for preparing the specifications for the purchase and maintenance of the Voting Equipment System as defined herein and for the purchase and maintenance of the system,including making all payments and expenditures for capital and on-going operating costs related to the voting equipment system. In addition,for all Category A,B,C and D Elections,Anoka County shall: 5.1. Perform voting equipment system programming including ballots,ballot counters,ballot markers, and other components of the voting equipment system used to mark,count, record or report election returns and statistics. 5.2. Perform programming and testing of the State Election Reporting System interface, Subject to policies of the State. 5.3. Program and develop a voting equipment testing plan for each election according to 37 statutory requirements. 5.4. Provide ballot design and layout services, and arrange for the printing of ballots to be used in the elections. Section 6 Governmental Entities' Responsibilities 6. Except as otherwise provided in this contract,each individual Governmental Entity shall be responsible for and shall perform all duties and assume all costs associated with the production of test decks,and conduct of pre-election and post-election tests and audits of precinct voting equipment for each election and shall utilize county provided software,as determined necessary by the County,to track the testing, assignment,deployment, chain of custody,and associated logistical operations of said equipment in Anoka County,as follows: 6.1.When Category A and/or B or D offices or questions appear on the ballot: 6.1.1. The municipality shall be responsible for and assume all costs associated with the production of test decks,and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include a Category A and/or B or D office or question. 6.1.2. The municipality shall assume all costs required to arrange for the use of polling places in the manner required by the Minnesota election law,for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time,and transporting them to and from the polling place. 6.1.4. The municipality shall assume all costs related to issuing,receiving and processing absentee ballots cast by in-person absentee voters in that municipality including procurement and preparation of physical spaces, equipment, and staff needed to administer the process,and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.1.5. The municipality shall assume all costs related to recruiting,hiring,and paying Election Judges for all hours served including,training,testing, election day assignments, and any other work assignments associated with the election. 6.2.When only Category C offices or questions appear on the ballot: 6.2.1. The School District shall be responsible and shall assume all costs associated _ with the production of test decks,and conduct of pre-election and post-election tests and audits of precinct voting equipment for all elections which include only Category C offices or questions. 6.2.2. The school district shall assume all costs required to arrange for the use of polling places in the manner required by law,for ensuring the physical set up of rooms and furnishings are conducive to the voting process,and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 38 6.2.3. The school district shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time,and transporting them to and from the polling place. 6.2.4. The school district shall assume all costs related to issuing,receiving and processing absentee ballots cast by in-person absentee voters in the school district including procurement and preparation of physical spaces, equipment, and staff needed to administer the process,and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.2.5. The school district shall assume all costs related to recruiting,hiring, and paying Election Judges for all hours served including,training,testing,election day assignments, and any other work assignments associated with the election. Section 7 Allocation of Election Expenses 7. Except as already specifically provided for herein,the Voting Equipment System procurement,maintenance and support cost shall be divided between the county,its municipalities, and school districts as follows: 7.1. The County shall incur 55%of the actual cost of procurement,operation and maintenance of the system over the duration of this contract. 7.2. Municipalities located wholly or in part in Anoka County shall,collectively,incur 30%of the actual cost of procurement,operation and maintenance of the system over the duration of this contract. 7.3. School Districts located wholly or in part in Anoka County shall incur 15%of the actual cost of procurement,operation and maintenance of the system over the duration of this contract. 7.4. Anoka County shall make all payments and expenditures for capital and ongoing operating and maintenance costs related to the system throughout the duration of this contract. 7.5. The annual fee for each jurisdiction shall be established as follows: 7.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the 2010 census multiplied by the municipal share(30%) of the actual cost of procurement(prorated over ten annual installments),plus the actual cost of operation and maintenance of the system, as solely determined by the County,calculated annually throughout the duration of the contract. 7.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the 2010 census multiplied by the school district share(15%)of the actual cost of procurement(prorated over ten annual installments), plus the actual cost of operation and maintenance of the system,as solely determined by the County,calculated annually throughout the duration of the contract. 39 7.5.3. Each Governmental Entity shall be invoiced annually on June 1 for each calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty(30)calendar days of invoicing. 7.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 7.6. For each governmental entity,the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing,paper and nonnal delivery charges. 7.7. The County shall pay the cost of postage for all domestic mailed absentee ballots cast in the county and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act(UOCAVA) except those absentee postage costs incurred by Municipalities designated to administer absentee voting laws under M.S. 20313.05. Section 8 Documentation of Election Expenses 8. Documentation of actual expenditures as required by the County is required for the allocation of election expenses pursuant to this agreement. Invoices or billing statements are acceptable documentation for goods or services purchased for vendors. Section 9 Ownership 9. The Governmental Entities acknowledge that the County owns the Voting Equipment System and that the Governmental Entities are authorized to use said Voting Equipment System for official election related purposes.Use of the Voting Equipment System by the Governmental Entities for any other purpose is strictly prohibited absent express written consent of the County. The Governmental Entities hereby acknowledge and agree that the Voting Equipment System may contain proprietary and trade secret information that is owned by a third party and is protected under federal copyright law or other laws,rules, regulations and decisions. The Governmental Entities shall protect and maintain the proprietary and trade secret status of the Voting Equipment System in their possession. Section 10 Handling Of Equipment and Insurance 10. Each municipality shall be responsible for storage of elections equipment assigned by the county to that municipality. Municipalities shall make all necessary elections equipment in its possession available to other entities as directed by the county. Each Governmental Entity acknowledges that it shall be responsible for the Voting Equipment System while it is in the Governmental Entity's custody.Each Governmental Entity,either through insurance or a self-insurance program,shall be responsible for all - costs,fees, damages and expenses including but not limited to personal injury,storage, damage,repair and/or replacement of the Voting Equipment System while it's in the Governmental Entity's custody and this contract is in effect unless such costs,fees, damages and expenses are then currently covered under a manufacturer warranty covering said equipment. The Governmental Entities shall be responsible for,provide coverage for and shall provide proof of general liability and worker's compensating insurance(Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing,the Governmental Entities shall, during the term of this contract, maintain,through commercially available insurance or on a self-insured basis,property 40 insurance coverage on all of the voting systems used or intended.for use in this agreement to cover all repairs or replacement of the voting equipment if damaged or stolen.The Governmental Entities are responsible for any deductible under their policy. Section 11 Independent Contractor 11. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents,partners,joint ventures,or associates between the parties hereto or as constituting the County or the Governmental Entities as the employee of the other entity for any purpose or in any manner whatsoever.The County is an independent contractor and neither it,its employees,agents,nor its representatives are employees of the Governmental Entities. From any amounts due the County,there shall be no deductions for federal income tax or FICA payments,nor for any state income tax,nor for any other purposes which are associated with an employer-employee relationship unless required by law. Section 12 Data Practices 12. All data created, collected,received,maintained,or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute,or any rules adopted to implement the Act or statute,as well as federal statutes and regulations on data privacy. Section 13 No Waiver 13. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants,conditions,or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant,condition,or agreement herein contained.All remedies provided for in this Agreement shall be cumulative and in addition to,and not in lieu of,any other remedies available to either party at law,in equity,or otherwise. Section 14 Governing Law 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 15 Entire Agreement 15. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof and hereby rescinds and replaces all prior Agreements with the respective Governmental Entities with this Agreement.All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement.Any alterations,variations,modifications,or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 41 Section 16 No Assignment 16. Neither party shall assign, sublet or transfer this Agreement,either in whole or in part, without the prior written consent of the other party,and any attempt to do so shall be void and of no force and effect. Section 17 No Warranty 17. The Governmental Entities agree that the County is furnishing the Voting Equipment System on an"as is"basis,without representation or any express or implied warranties,other than those provided by any maintenance agreement entered into by the County for the maintenance of the Voting Equipment System,including but not limited to,fitness for particular purpose,merchantability or the accuracy and completeness of the Voting Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Voting Equipment System for the purposes stated herein shall be the right to terminate this agreement. The County does not warrant that the Election Voting Equipment System will be error free. The County disclaims any other warranties, express or implied,respecting this agreement or the Voting Equipment System. In no event shall the County be liable for actual,direct,indirect, special,incidental, consequential damages(even if the County has been advised of the possibility of such damage)or loss of profit,loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. Except as otherwise specifically provided for in this agreement,County and the Governmental Entities agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend,indemnify and hold harmless the other party for such acts.Each party shall not be responsible for the acts,errors or omissions of any other party under the Agreement and the results thereof.The parties'respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act,Minnesota Statutes Chapter 466,and other applicable law.This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement.Nothing in this Agreement constitutes a waiver by the Governmental Entities or County of any statutory or common law defenses,immunities, or limits on liability. Section 18 Notice 18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the Governmental Entity: To the person and address designated by each Governmental Entity in writing. To the County: Anoka County Administrator ADDRESS Copy to: Anoka County Elections Manager ADDRESS Section 19 Audit Provision 19. Both parties agree that either party,the State Auditor,or any of their duly authorized 42 representatives at any time during normal business hours,and as often as they may reasonably deem necessary,shall have access to and the right to examine,audit,excerpt, and transcribe any books,documents,papers,records,etc.,which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six(6)years after its termination or cancellation. Section 20 Survival of Provisions 20. It is expressly understood and agreed that the obligations and warranties of the Governmental Entity and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Section 21 Authority 21. The person or persons executing this Joint Powers Agreement on behalf of the Governmental Entity and County represent that they are duly authorized to execute this Joint Powers Agreement on behalf of the Governmental Entity and the County and represent and warrant that this Joint Powers Agreement is a legal,valid and binding obligation and is enforceable in accordance with its terms. (Rest of page left intentionally blank) IN WITNESS WHEREOF,the parties hereto have hereunto set their hands. COUNTY OF ANOKA By: Rhonda Sivarajah,Chair, Anoka County Board of Commissioners Dated: By: Jerry Soma, Anoka County Administrator Dated: APPROVED AS TO FORM: By: Thomas Haluska Assistant Anoka County Attorney Dated: CITY OF COLUMBIA HEIGHTS 43 By: Gary L.Peterson,Mayor Dated: By: Tori Leonhardt,City Clerk/Council Secretary Dated: SCHOOL DISTRICT 13 By: ****,Its Superintendent Dated: By: ***,Its *** Dated: NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Columbia Heights does agree to enter into a joint Powers Agreement("JPA")between the County of Anoka("County")and SCHOOL DISTRICT 13 IN ANOKA COUNTY("Governmental Entities")entered into pursuant to Minn. Stat. §471.59, for the purchase,maintenance and use of election equipment,including conducting elections,by the County on behalf of the County and the Governmental Entities. Passed this day of 2012. Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 44 CITY COUNCIL LETTER Meeting of: December 10, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: REINSTATE ROYALTY PROGRAM/AUTHORIZE BY: WALTER FEHST BY: FUNDING FOR RE-START OF ROYALTY DATE: 11-30-12 DATE: PROGRAM IN COLUMBIA HEIGHTS NO: Background: We have had requests from some residents regarding reinstatement of the Royalty Program in Columbia Heights. Attached is some information for your review. Specifically, the group is requesting some start up monies to reinstate the program in the amount of up to $5,000. The city does have a trailer which can be used for the program. People that are making an appearance are Sue and Mick Hansen from Embroidery and More to discuss the possible organization for the program. Recommendation: Discussion of the reinstatement of the Royalty Program, with possible restart in 2013. Funding of up to $5,000 coming from Fund Balance in the General Fund. RECOMMENDED MOTION: Move to reinstate the Royalty Program in Columbia Heights, and to authorize re-start costs up to $5,000. COUNCIL ACTION: 45 Columbia Heights Royalty Program Fall 2012 Officer's Manual Columbia Heights 46 Introduction: The Columbia Heights Royalty Program will follow the long tradition of being good-will Ambassidors for Columbia Heights to other local communities. By supporting young women with scholarship opportunities and training in manners, grooming and public speaking we hope to develop self-confident,poised young women who go on to bigger things. It is the hope of this committee that a Queen from Columbia Heights will participate in the Minneapolis Aquatennial Queen of the Lakes competition each year. Structure of Officers: The Columbia Heights Royalty Program will comprise of a chair person overseeing those who head committees. Program Chair Sue Hansen Royalty Chair Float Chair Finance/ Parade/Pageant Activities Chair Deb Meyers Rick Meyers Fundraising Scheduling Dawn Hoium Mick Hansen Chair Chair Sue Hansen/ Deb Meyers Chaperone Drivers Donna Sewell Jamboree Group Group Sponsors Group Group Communications /Publicity Training Float Group Group Maintenance Group Group Scholarship Activities Group Group Pageant Group 2 47 COMMITTEES: The Roomy Committee: will be responsible for the choosing, training, and chaperoning of the royalty. This will include producing an application form, recruiting contestants, and scheduling of chaperones. The committee would also be responsible for the contractual acknowledgment of the programs, the rules and regulations set forth by the program. The Royalty Committee would provide training to new Royalty in dress, decorum,poise and manners. Float Committee: will be responsible for the building, decorating,pulling and maintaining of the city float. This will included researching of regulations for the float and following regulations. The committee would also be responsible for choosing a theme and designing the float. They would also maintain a drivers schedule and arrange for proper storage of the float. Finance/Fundraising Committee: will be responsible for raising funds to support the group and pass out scholarships. The committee would also track expenses and income. Parade/Pageant Scheduling Committee: will be responsible for contacting other communities for placement in their parades and keeping and communication of the Royalty schedule. This committee would also be responsible for communications and publicity for the program. Activities Committee: will be responsible for planning and executing social activities for Royalty and families. They will also be responsible for special Jamboree events such as Royalty luncheon after the parade and help the Royalty committee with the pageant. 3 48 Contact Information: Name Address Phone E-mail Sue and Mick 17481 138th Avenue W—763-789-2334 embromoregaol.com Hansen N. Dayton, MN C—763-229-9406 55327 Mick Cell 612- 750-5115 Dawn Hoium 1105 42 '/2 Avenue NE H—763-788-5227 Shoium5227@comcast.net Columbia Heights, W—763-528-4504 MN 55421 C—763-439-4306 Deb and Rick 7924 W. River Road H - 612-710-8219 midc@usintemet.com Meyers Brooklyn Park, MN W—612-333-1319 55444 Rick Cell 612-940- 1313 Donna Seawell 290 61 st Avenue NE C—612-968-8304 D seawell(i0otmail.com Fridley, MN 55432 W—952-746-5547 4 49 Not Yet Approved PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING DECEMBER 4,2012 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Kinney,Little, and Szurek Absent member: Fiorendino Also present were Council Liaison(Gary Peterson), Sheila Cartney(City Planner), and Shelley Hanson(Secretary). Motion by Little, seconded by Kinney, to approve the minutes from the meeting of October 2, 2012. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2012-1201 APPLICANT: Barr-Nelson Inc. LOCATION: 4001 University Ave NE REQUEST: Site Plan Review for New Gas Station INTRODUCTION Cartney explained that the applicant is requesting Site Plan Approval for the construction of a new gas station at 4001 University Avenue NE replacing the gas station that burned down on the original building pad. This property is located within the Design Guidelines 40th Avenue District and requires a Site Plan Review in order to ensure compliance with the Design Guidelines. ZONING ORDINANCE The property located at 4001 University Avenue is zoned GB, General Business District. The properties to the north and east are zoned R-3, Multiple Family Residential. The properties to the south are zoned GB, General Business and the properties to the west across University Avenue are zoned R-3, Multiple Family Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new gas station is consistent with the intent of the Comprehensive Plan. Design Guidelines The subject site is located in the 40th Avenue District. The building should have a well-defined front fagade with primary entrances facing the street. The building should be designed with pitched or flat roofs; the proposed building has a flat roof. The base floor of the building should include elements that relate to human scale including texture, projections, doors, windows, awnings, canopies or ornamentation. Both entrances on the proposed building have awnings above and there are a variety of windows on both store fronts. Building height shall be a minimum of 22 feet; the proposed building meets this requirement. Window and door openings should comprise at least 30% of the area of the ground floor of the primary street facade. A minimum of 20%of any two sides or rear facades 50 P &Z Minutes Page 2 December 4, 2012 at ground level shall consist of window and door openings and a minimum of 15% of all upper story facades shall consist of window or balcony door openings. As proposed the building meets the window guidelines. MATERIALS: The objective is to ensure that high-quality, durable and authentic building materials are used in residential and nonresidential construction. Primary materials can consist of brick, natural stone, precast concrete, and stucco. The proposed building does not resemble the typical gas station. The architectural features are in-line with the design guidelines by providing character to the site. The two finishes on the building are precast veneer ("Mammoth stone series") and prefinished metal siding ("Una-clad" Delta Concealed). The precast veneer meets the design guideline requirement, the metal siding is a slight deviation from approved materials, but compliments the stonework in this building design and provides a more modern feel to the site. Overall the proposed gas station meets the design guidelines with one slight deviation of building materials. Signage will be addressed at the time of the sign permit and must be consistent with design guidelines and city code. Site Plan As stated above the proposed gas station is using the existing foundation which is 2,400 square feet. The General Business Zoning setbacks are met. The existing gas pumps and canopy are to remain and be utilized with this business. A new trash enclosure is proposed with a finish to match the building. PARKING: The city code requires 13 parking spaces for the proposed use, according to the site plan all parking can be accommodated onsite. Any parking that is 6 spaces or more is required to be screened from any adjacent residential use with 80% opacity year round. The site plan indicates the parking to the north will be screened with a fence and landscaping and will achieve this requirement. It is unclear if the parking spaces on the southeast portion of site will be 80% opaque year-round, the applicant should address this and this will be a condition of approval. ACCESS: Currently the site has three curb cuts with two accesses on 40th Avenue and one on University Avenue frontage road. In the future Anoka County plans to create a right-turn-lane from 40th Avenue to University Avenue, the city would be in support of this turn lane. As part of the site plan review the City Engineer has reviewed the plan and is requesting at this time that the southwestern entrance on 40th Avenue be closed and curbed and only one entrance remain on 40th Avenue in preparation for the fixture turn lane. The applicant can either widen the existing entrance to the southeast or close a portion of that entrance as well and meet in the middle of 40th Avenue with a new entrance, a combined entrance, but still resulting in one entrance on 40t11 Avenue. Before a building permit will be issued the revised access shall be approved by the Engineering Department. 51 P &Z Minutes Page 3 December 4, 2012 FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property with a slight deviation in the building materials. The zoning code requirements are achieved. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new gas station is consistent with the intent of the Comprehensive Plan. C) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. With consolidating the entrances off 40th Avenue to one entrance any adverse impacts are lessoned on the public right-of-way. Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and will greatly upgrade the appearance of the site, enhancing the image of the 40th and University Avenue corner with the following conditions (as presented to the members): 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. 3. The southwestern access off 40th Avenue shall be closed and curbed, resulting in one access off 40th Avenue for this property. The City Engineer shall approve the access before a building permit is issued 4. The building shall be sprinkled. 5. Parking areas shall be screened with fencing and/or landscaping that is 80% opaque year round. 6. The trash enclosure shall match the building. 7. An old sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. Cartney told members she had received a comment from a neighbor to the east that indicated he would like to see the fencing between the residential properties on the east behind the building replaced or rebuilt. This resident was also apprehensive about having this business rebuilt as he didn't think it was very well run before and was a detriment to the area. 52 P &Z Minutes Page 4 December 4, 2012 Questions from members: Little asked if the drive isles and the overall parking lot would be repaved. He said the old blacktop surface was in need of repair. Little also stated he thought the building was an improvement over the last building, however he would like to see efface on the exterior surface rather than the metal siding as depicted on the plans submitted. Szurek also had concerns regarding the use of metal on the exterior of the building. She thought it looked too industrial. She also asked what condition the fencing was in along the east property line. Little then asked if their sign would be replaced. Cartney said the applicant has not submitted any plans for that at this time. These questions were then directed to the applicant. Public Hearing Opened. The owner, Loay Abarir, 9200 Brunswick Ave, Brooklyn Park, MN responded to the commissioners questions. He said the fence will remain in place along the east property line and does extend to the south property line. He also said he is in the process of getting estimates for re-paving the parking lot. He has had problems in the past with drainage and realizes he needs to re-surface the lot. The owner said he is flexible about the siding. He likes the design of the new building,but is open to using stucco or efface siding in lieu of the metal siding if that's what the City would like to see. He then said he would like to move the existing sign slightly to improve the visibility of it. Cartney said he can keep the existing pylon sign if he chooses and he is allowed 75 sf of signage that is two sided. If he moves it or changes the sign itself, a permit would be required. There was a discussion regarding the entrance locations and the owner stated he would work with the City Engineer regarding the exact location and width to ensure it meets all the requirements. Nick Dobbs-4024 4a' St said he is concerned about the general lack of upkeep of the business that was previously there under the same ownership. He said it attracted a rough crowd and there were always noise and loitering issues. He would like to see it better maintained and would like to see a higher fence separating this business from the residential properties. Szurek agreed the previous building was run down and expressed her hopes that since the building would be new that the owners would manage the site better than they had in the past. Joan Dobbs-4024 4a' St said the kids loitering behind the building and on the north side created a lot of trash issues and kept neighborhood residents away from the business. The owner said that is one reason they put in the two doorways so employees can keep a better handle on these matters. Steve Benck-4025 4a' St expressed the same concerns over kids loitering around the area. He said since the old building was demolished this problem went away. There was a discussion about whether trash receptacles should be listed as a condition. Cartney stated that language is already in our Ordinance that requires the property owner to keep their business site clean of trash. She said this is not a site plan issue. 53 P &Z Minutes Page 5 December 4, 2012 The Commission then discussed whether to add a higher fence height as a condition. Cartney explained that as a commercial property they are allowed to construct a fence up to 7 feet in height if they obtain a building permit. If the Commission decides to require an 8 foot high fence the applicants would then need to get a Conditional Use Permit to do so. Little asked if the Commission could require the parking lot resurfacing and the use of efface instead of metal as a condition also. Cartney told them they could be added to the list of conditions. She also stated that this Site Plan will be going to the City Council and they can make a final determination regarding the height of the fence that the members wanted added to the list of conditions. Public Hearing closed. Motion by Little, seconded by Kinney, to waive the reading of Resolution No. 2012-PZ07, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Little, seconded by Kinney,to adopt Resolution No. 2012-PZ07,being a resolution approving a site plan for a new gas station located at 4001 University Avenue NE with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. 3. The southwestern access off 40'h Avenue shall be closed and curbed, resulting in one access off 40th Avenue for this property. The City Engineer shall approve the access before a building permit is issued 4. The building shall be sprinkled. 5. Parking areas shall be screened with fencing and/or landscaping that is 80% opaque year round. The applicant shall maintain fencing along the East side of the property and they shall apply for a CUP for that fence to be 8 feet in height. 6. The trash enclosure shall match the building. 7. An old sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. 8. The applicant shall replace all paving of the entrances and parking lot areas. 9. The siding used on the exterior of the building shall be consistent with the Design Guidelines. All ayes. MOTION PASSED. 54 P&Z Minutes Page 6 December 4,2012 RESOLUTION NO.2012-PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW GAS STATION AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2012-1201) has been submitted by Barr-Nelson Inc., to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4001 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new gas station building located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 4,2012; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air,danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date,subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. 3. The southwestern access off 40`x' Avenue shall be closed and curbed, resulting in one access off 40t"Avenue for this property. The City Engineer shall approve the access before a building permit is issued. 4. The building shall be sprinkled. 55 P&Z Minutes Page 7 December 4,2012 5. Parking areas shall be screened with fencing and/or landscaping that is 80% opaque year round. The applicant shall maintain fencing along the East side of the property and they shall apply for a CUP for that fence to be 8 feet. 6. The trash enclosure shall match the building. 7. An old sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. 8. The applicant shall replace all paving of the entrances and parking lot areas. 9. The siding used on the exterior of the building shall be consistent with the Design Guidelines. Passed this 4th day of December,2012, Offered by: Little Seconded by: Kinney Roll Call: All Ayes Chair Shelley Hanson, Secretary Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Barr-Nelson Inc. Date OTHER BUSINESS There was no other business. Cartney noted they are still looking for applicants who would like to serve on the Planning &Zoning Commission so the City Council can appoint someone to the vacant spot. The meeting was adjourned at 7:45 pin. Respectfully submitted, Shelley Hanson Secretary 56 CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Authorize School Liaison Officer BY: Scott Nadeau�� BY: NO. Contract with CH School District DATE: December 3,2012 DATE: for 2013 BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into a Joint Powers agreement to fund a School Liaison Services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our police/youth initiative. The School District shares expenses with the Police Department during the school year at the rate of one half of 9/12ths of the cost of providing the officer at the high school and middle school. The School District's share for calendar year 2013, which includes wage, fringe and miscellaneous costs,is $40,438.00 each for the high school and middle school officer, totaling $80,876.00. This represents a two percent increase over the 2012 figures. The School Board approved the 2013 agreement at its meeting of November 27,2012. ANALYSIS/CONCLUSION In September, Officer Erik Hanson started his first full year as the High School Liaison Officer, Officer Danielle Pregler started her fifth year at the Middle School (now Columbia Academy) this fall. In their role as Liaison Officers,they develop contacts with the students and staff at the schools that are invaluable in our investigation of juvenile crime. They are also excellent role models to students, and their interaction at the schools is an important link between law enforcement and the educational system. Connecting with community partners such as the School District to focus ou youth issues is part of the department's Strategic Plan. RECOMMENDED MOTION Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1,2013 through December 31,2013. COUNCIL ACTION: 57 SCHOOL LIAISON OFFICER PROGRAM January 1 through December 31, 2013 Columbia Heights Police Department and Columbia Heights Public Schools Prepared and Submitted by: Chief Scott Nadeau October 12,2012 58 TABLE OF CONTENTS Subject Page Mission, Goals and Primary Responsibilities of the SchoolLiaison Officer..............................................................................................3 Objectives of the School Liaison Officer Position..............................................................4 Position Description- School Liaison Officer Position: Accountability and Education Requirements............................................................6 Position Description- School Liaison Officer Position: Qualifications............................................................................................................7 Major Areas of Accountability for the School Liaison Officer Position................................................................................9 Guidelines for School Liaison Officer Position................................................................ 11 JointPowers Agreement................................................................................................... 12 Cost Factor Breakdown:High School Liaison for 2013................................................... 15 Cost Factor Breakdown: Middle School Liaison for 2013 ............................................... 16 59 MISSION,GOALS AND PRIMARY RESPONSIBILITIES OF THE SCHOOL LIAISON OFFICER Mission Statement: The School Liaison Officer is placed in the school environment to identify,correct, and prevent delinquent behaviors and activities,and to create a positive relationship between youth,police, and other authority figures. Goals: To work with and through school administrators,counselors,teachers, and students to develop a better understanding and a more positive attitude among students as to the role of a police officer. To work in liaison with school officials to provide, as much as possible,a safe and crime- free environment for students and staff. To act as a law enforcement consultant and educator to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop. To administer the D.A.R.E. (Drug Abuse Resistance Education)program in Columbia Heights Public Schools. Primary Responsibilities: The School Liaison Officer shall function as a law enforcement officer within the school environment and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors,school administrators and parents. The School Liaison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all functions of investigations relating to juveniles and children,in both criminal and non-criminal matters to effectively solve criminal cases and build a basis for successful prosecution when warranted and/or make all appropriate dispositions of non-criminal matters. The School Liaison Officer also develops and presents investigative reports to the County Attorney and/or City Prosecuting Attorney for complaints and coordinates with other juvenile referral agencies to appropriately handle juvenile criminal and non-criminal acts that have come to the attention of the Department. Page 3 60 THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE: Objective#1: To provide a formal process or rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile gang activity and provide intelligence. c. Reduce the use of uniform officer intervention at school sites for response to school related service demands. d. Maintain community contact for: parents,students,neighborhoods, community organizations(PTA and other service providers) e. Handle incidents such as minor assaults, thefts,and threats as they occur in the officer's assigned schools. Indicator#1: Lack of formal or informal complaints or concerns, either written or verbal. Receipt of letters,phone calls or personal verbal contacts regarding individual or program successes. Objective#2: To provide the following services to Columbia Heights School District#13 schools located in Columbia Heights and Hilltop: a. To coordinate and directly provide for,in appropriate circumstances,the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropriately to non-school related intelligence regarding gang activity. c. To reduce the number of calls responded to by uniform officers at school sites. Page 4 61 Indicator#2: Maintain adequate knowledge through review of daily reports, keeping abreast of the above current problems and disseminating information to Investigations and Patrol. Objective#3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator#3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. Objective#4: Improvement and continual update of Liaison Program. Indicator#4: Yearly evaluations to be prepared by School Officials,Police Department and Liaison Officer for annual review and evaluation. Page 5 62 POSITION DESCRIPTION-SCHOOL LIAISON OFFICER ACCOUNTABILITY AND EDUCATION REQUIREMENTS The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assignment may submit their requests in writing to the Police Captain. Officers serving in the assignment may be removed at the discretion of the Chief of Police. The appointed School Liaison Officer may vacate this position with thirty days written notice to the Chief of Police. While serving in this assignment,officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accountable to: The School Liaison Officer reports to and is directly accountable to the Chief of Police or his designee. Education and Training Requirements. POST licensed, supplemented by course work in investigative techniques, interview and interrogation techniques and crime scene processing techniques. Page 6 63 POSITION DESCRIPTION-SCHOOL LIAISON OFFICER QUALIFICATIONS 1. Considerable knowledge of the principles of modem investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. 3. Thorough knowledge of federal, state and local laws and ordinances that are enforced by the department. 4. The ability to communicate effectively both orally and in writing. 5. The ability to analyze complex criminal transactions and trends and to use information obtained to successfully charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at any one time. 8. The ability to manage time effectively. 9. The ability to speak effectively in public. 10. The ability to work effectively with juveniles. 11. The ability to gain cooperation, support, and assistance of the area church organizations, County Welfare, County Court Services,Juvenile Court, County and City law enforcement,and other agencies in the community. 12. To meet as needed with members of the personnel team and police department representatives to discuss individual student and student body problems that affect school or police department objectives. 13. The ability to provide educational materials and lectures for the students,the school staff and the community on juvenile problems and problem areas,available assistance services for the students and their parents, and other topics deemed important. 14. The ability to assist in the classroom in the teaching of physical,mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or Page 7 64 could lead to delinquent behavior and/or activities. 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 18. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair and recognizes he/she is working in a juvenile environment. The School Liaison Officer must assure the students and the staff that he/she is not in the school to create a police state,he/she is there to assist the administrative staff and students. 19. The ability to promote informal contacts between the students and the police, to increase communication and understanding between the two. 20. The ability to meet all other requirements and performance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juvenile court procedures. The officer will be in a position with the school to develop a better understanding and have additional pertinent information for juvenile court determinations. 22. The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. Page 8 65 MAJOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION 1. To attend school staff meetings as a resource person in developing and adopting procedures that will contribute to the prevention of juvenile delinquency. 2. To communicate and cooperate with county welfare officers,probation personnel,and other members of the professional community when appropriate. 3. To assist school staff members in understanding the Anoka County Juvenile Court System, law enforcement ramifications, and the technique of court referrals when necessary. 4. To be a part of the total team effort to provide role models and prevent undesirable behavior patterns from developing. Endeavor to build and maintain rapport between youth, school, and police by day-to-day contact as a resource person. 5. To become involved in school and outside youth activities in order to understand special problems of youth and how they may be positively addressed. Participate in community affairs as requested or assigned,and be available for lectures to school and community groups. 6. To facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education,etc. 7. To assist and advise in security matters regarding school buildings and properties that are normally supervised by school staff members upon request of appropriate school off cial(s). 8. To maintain individual police skills,including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances. 9. To prepare and submit necessary case files regarding cases assigned or investigated. 10. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative personnel. 11. Investigates reported crimes, both in and out of the school environment, for the purpose of collecting evidence and identifying,locating, questioning witnesses and suspects,and making legal arrests as justified by the facts developed. 12. Obtains and processes physical evidence. Handles or arranges for the processing of a crime scene including measurements,fingerprints,photos and drawings, etc. 13. Ensures proper development of cases for prosecution,builds an accurate and complete Page 9 66 case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. 14. Ensures proper disposition of cases for prosecution,builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for a unified approach. 15. Ensures proper disposition of all assigned cases, meets with the Investigative Supervisor regularly to review the status of all cases and determines whether to pursue, delay or close the matter. 16. Confers with parents,other members of the Criminal Justice System,and those private and public agencies within the community which are involved in the case,counseling or treatment of juveniles, children or family units, in the disposition of matters involving juveniles and/or children. 17. Preparation and presentation of appropriate material to students of elementary,junior and senior high schools. Page 10 67 GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION 1. Work week will be based on a 40-hour week. 2. Work hours will be proximate to the school day. 3. Will be assigned a department vehicle while on-duty. 4. Time commitment is appropriately divided in each of the following categories: a. In-school activity at high school or middle school b. Case investigation, training,and meetings as scheduled c. D.A.R.E. d. Elementary schools 5. Primarily reports to the Investigative Supervisor. Secondary supervisor is the on- duty police supervisor. 6. Must report to a supervisor daily,but is authorized to report immediately to the school each day if approved. 7. Must be prepared to perform all police functions, as the officer is subject to immediate call-out for other activities,but must be discreet in the visibility of police equipment. 8. Will be assigned a cellular phone, and the phone must be operational during all hours when on duty. 9. Break time will be as defined in the union agreement. 10. Will be assigned desk space at the Police Department and will be provided appropriate office space and supplies by the schools. 11. Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. 12. The officer is at all times under police supervision,but is expected to work closely with school administrators and staff. The objective is to solve problems,assist school staff,and to assist students. 13. Will keep a log and prepare appropriate reports to the Chief of Police or his designee. Page 11 68 JOINT POWERS AGREEMENT This Joint Powers Agreement dated this day of is made pursuant to M.S. 471.59 by and between the City of Columbia Heights(City)and Columbia Heights Public Schools(School District). 1. Purpose, The purpose of this agreement is to create, fund,and implement the positions of Police School Liaison Officer, 2. Duties and Responsibilities: The job description for the School Liaison Officer is attached. 3. Selection Process: From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District#13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officers are at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. 4. Funding: The School District and City will share the following expenses equally during the school year,except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package for the High School Liaison Officer and the Middle School Liaison Officer. A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training and Equipment 1, Vehicle-related Costs The cost breakdowns for the period of January 1,2013 through December 31,2013 are attached. Page 12 69 5. Billing: The City shall submit a bill to the School District, which will be paid within thirty days of receipt. b. Term: This agreement shall commence on January 1, 2013, and shall end on December 31, 2013. 7. General Provisions: The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries,wages, other compensation or fringe benefits, Workers Compensation,Unemployment Compensation,P.E.R.A., Social Security, liability insurance,keeping of personnel records,termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor,but will consult regularly with the School District officials. The officer will have office space and phone at the assigned school without cost to the City. 8. Indemnification by City: The School Liaison Officer is a city employee. The City shall indemnify,hold harmless,and defend the School District,its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District,its officers and employees may hereafter sustain, incur or be required to pay,arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. 9. Indemnification by School District: The School District shall indemnify, hold harmless, and defend the City,its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willfW act or omission of the School District,its agents or employees,in the execution,performance or failure to adequately perform the School District's obligations pursuant to this agreement. 10. Termination ofAgreement: Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. 11. Temporary Reassignment: Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. Page 13 70 12. The resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. In witness whereof, the parties have executed this agreement the day and year first written above. City of Columbia Heights Columbia Heights Public Schools Gary L.Peterson Kathy K41,y Mayor Superinqndent of Schools i Scott Nadeau issy Lee Chief of Police chool Board Chair Page 14 71 COST FACTOR BREAKDOWN HIGH SCHOOL LIAISON OFFICER PROGRAM 2013 Base Wage-High School Liaison Officer: Patrol Top Wage $5762.00/month $69,144.00/year Liaison Officer Premium $ 157.00/month $ 1,884.00/year Longevity(4 year rate) $ 97.00/mouth $ 1,164.00/year Holiday pay $ 3,790.00/year Deferred Compensation $ 357.00/year Overtime Allocation $ 3,616.00/vear Total Base Wage $79,955.00/year Compensation and Fringe: F.I.C.A. (1.45%) $ 1,159.00/year Workers Comp (3.38%) $ 2,702.00/year P.E.R.A.(14.40%) $ 11.514.00/year Hospitalization($821/month) $ 9,852.00/year Total Fringe Benefit Costs $25,227.00/year Miscellaneous Costs: Training and equipment allowance $ 1,632.00/year Vehicle related expense $ 1,020.00/year Total Miscellaneous Costs $ 2,652.00/year Total Yearly Costs $107,834.00/year To compute monthly total: $107,834.00 divided by 12 months=$ 8,986.00 To compute school year total: $ 8,986.00 X 9 months(school year)=$80,876.00 To compute School District cost: '/z of 9/12 funding formula=$40,438.00 Total Cost to Columbia Heights Public Schools For High School Officer for 2013: $40,438.00 Page 15 72 COST FACTOR BREAKDOWN MIDDLE SCHOOL LIAISON OFFICER PROGRAM 2013 Base Wage-Middle School Liaison Officer. Patrol Top Wage $5762.00/month $ 69,144.00/year Liaison Officer Premium $ 157.00/month $ 1,884.00/year Longevity(4 year rate) $ 97.00/month $ 1,164.00/year Holiday pay $ 3,790.00/year Deferred Compensation $ 357.00/year Overtime Allocation $ 3,616.00/year Total Base Wage $79,955.00/year Compensation and Fringe: F.I.C.A. (1.45°/x) $ 1,159.00/year Workers Comp(3.38%) $ 2,702.00/year P.E.R.A. (14.40%) $ 11.514.00/year Hospitalization($821/month) $ 9,852.00/year Total Fringe Benefit Costs $25,227.00/year Miscellaneous Costs: Training and equipment allowance $ 1,632.00/year Vehicle related expense $ 1 020.00/ ear Total Miscellaneous Costs $ 2,652.00/year Total Yearly Costs $107,834.00/year To compute monthly total: $107,834.00 divided by 12 months=$ 8,986.00 To compute school year total: $ 8,986.00 X 9 months(school year)_$80,876.00 To compute School District cost: '/2 of 9/12 funding formula=$40,438.00 Total Cost to Columbia Heights Public Schools For Middle School Officer for 2013: $40,438.00 Page 16 73 CITY COUNCIL LETTER Meeting of December 10,2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER POLICE APPROVAL; ITEM: Authorize Mayor and City Manager to Enter BY: Scott Nadeau into Contract for Police Service with City of Hilltop NO. DATE: December 3,2012 BACKGROUND The Police Department has been involved in discussions with the City of Hilltop reference continuation of the current contract for Police service from the City of Columbia Heights. The proposed contract is for three years—2013 through 2015,and includes a three percent increase per year. With the exception of this increase,there were no other changes to the contract. As in the past,the payments will be made on a twice-yearly basis,in January and July. The Hilltop City Council has reviewed and approved the contract at their meeting in November. ANALYSIS/CONCLUSION It is the recommendation of the Police Chief that we extend the Police Contract with the City of Hilltop through December 31, 2015, at the rates specified in the attached service contract, RECOMMENDED MOTION Move to authorize the Mayor and the City Manager to enter into a Police Service Contract with the City of Hilltop starting January 1,2013 and extending through December 31,2015 at the rates specified in the contract. COUNCIL ACTION: 74 NEWOUIST & HEPiuciK LAW OFFICES, P.G. A PROFESSIONAL CORPORATION SUITE 301,FRIDLEY PLAZA OFFICE BUILDING 6401 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432-4361 ATTORNEYS AT LAW TELEPHONE (763)571-6870 PARALEGALS CARL J. NEWOUIST FAX(753)571-5884 PATRl CIA A. PHILLIPS GREGG V. HERRICK JOYCE V.ZUMBERGE SARAH M. KIMBALL November 27, 2012 Chief Scott Nadeau Columbia Heights Police Department 825 -41St Avenue Northeast Columbia Heights, Minnesota 55421 Re: 2013 -2015 Contract for Police Services Dear Chief Nadeau: Enclosed please find two identical originals of the above-noted contract which has been approved by the Hilltop City Council and executed by Mayor Murphy and City Clerk Nelsen. The contract provides for three percent (3%) increases for each year of the contract, which meets the bottom line set out by you, the Finance Director, and the City Manager. Please present the contract to your Council for approval, hopefully at a December 2012 council meeting. If you have any questions or comments, please let me know. Thank you. ery y yours, C ewjArney Hi top City CJN/jz Enclosure 75 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR POLICE SERVICES This agreement made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop;" WITNESSETH: WHEREAS, Columbia Heights presently has a Police Department; and WHEREAS, Hilltop has discontinued its police department and has contracted for police services with Columbia Heights in past years. THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop police protection to the same extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls for police protection in Hilltop. SECTION III That Columbia Heights police officers shall investigate crimes, make arrests, charge criminal activity and issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time, and upon termination of this Agreement, shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. SECTION IV That Hilltop shall, at the time of the authorization for the execution of this Agreement, adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. 76 SECTION VI That as and for compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as described below,to-wit: January 1, 2013, through December 31, 2013 $219,150.50 January 1,2014, through December 31, 2014 $225,725.00 January 1, 2015, through December 31, 2015 $232,497.00 SECTION VII That the contract is for a term of three years beginning January 1, 2013, and ending December 31, 2015. Either party may terminate this Agreement effective the anniversary date of January 1 only upon material breach by the other party of the terms of this agreement and only upon five months' written notice to the other party, except as follows: That Columbia Heights may terminate this Agreement upon forty-five (45) days' written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and after December 31, respectively. Payments made thirty (3 0) days after July 31 and December 31, respectively, but prior to the forty-five (45) days' notice of cancellation, shall void the cancellation. Should substantial and material changes in conditions occur which are beyond the control of either Columbia Heights or Hilltop such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights or Hilltop upon five (5)months' written notice by either city. SECTION VIII That Hilltop shall pay the contract compensation as follows: January 1, 2013 $109,575.25 July 1, 2013 $109,575.25 January 1, 2014 $112,862.50 July 1, 2014 $112,862.50 January 1, 2015 $116,248.50 July 1, 2015 $116,248.50 Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION IX That Hilltop shall pay the costs of court appearances of any police officers that are made as a part of their police duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8%interest until paid. 2 77 SECTION X That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer license investigation requested by Hilltop or required by law. SECTION XI That Hilltop shall indemnify the Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no- fault claims(PIP),health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION X11 Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon sixty(60) days' written notice to Hilltop. 3 78 SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et seq., and in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Date day of , 2412. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation By By Jim Hoeft, City Attorney Gary Peterson, Mayor for Columbia Heights and Walter Fehst, City Manager Approved as to form: CITY OF HILLTOP A Municipal Corporation BY BY Car ew is Je Murphy, Ma or City Attorn or Hilltop and � z �. Ruth Nelsen, City Clerk 4 79 CITY COUNCIL LETTER Meeting of December 10,2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO, POLICE APPROVAL: ITEM: Approve Transfer of Funds for Grant BY: Scott Nadeau BY: Reimbursement and Overtime Details DATE December 4,2012 / DATE: from General Fund to Police Department Overtime line item NO: BACKGROUND The Columbia Heights Police Department has been participating in the statewide Safe and Sober(Toward Zero Deaths) program. We have been reimbursed by Coon Rapids,the agency coordinating the grant,in the amount of$4,760.59 for the overtime expended on that initiative in the second quarter. In addition,the Police Department has an officer in the Anoka-Hennepin Drug Task Force(AHDTF). The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of overtime incurred by the AHDTF officers. For the third quarter of 2012,the Police Department has received a check from Anoka County in the amount of$2,000.00 as partial reimbursement for the overtime of our AHDTF Officer. In the second and third quarters of 2012,the Columbia Heights Police Department transported 31 intoxicated persons to detox centers outside of Anoka County. Per our agreement with Anoka County, we are reimbursed $30 per patient transported in 2012. These transports go to Mission Detox in Plymouth,Ramsey County Detox in Downtown St.Paul, and Dakota County Detox in Hastings. We have received a check for$930.00 as reimbursement for these transports. The Police Department also participated in various overtime details,and received payment as follows: $3,353.37 from School District#13 for providing security at CHHS varsity football games, $83.00 from Immaculate Conception School for providing traffic assistance at their annual marathon,and $386.00 from 612 Interactive for providing security at an event at the Heights Theater. ANALYSIS/CONCLUSION The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2012 Police Department Budget,line item 1020 Overtime. RECOMMENDED MOTION Move to transfer the following from the General Fund to the Police Department 2012 Budget,line item 1020 Overtime: (1) The$4,760.59 received as reimbursement under the Safe and Sober grant(TZD),and (2) the$2,000.00 received as AHDTF overtime,and (3) the$930.00 received from Anoka County as reimbursement for detox transports,and (4) the$3,353.37 received from School district#13 for providing security at CHHS football games,and (5) the$83.00 received from ICS for providing traffic assistance at their marathon,and (6) the$386.00 received from 612 Interactive for providing security at an event at the Heights Theater. COUNCIL ACTION: 80 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting o£ December 10,2012 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGERS NO: Fire Department APPROVA ITEM: Adopt Resolution 2012-157 BY: Gary Gorman BY: 111elv? DATE: 12/10/12 DATE: NO: The Minnesota State Fire Marshal's Office formed a task force in 2009 to study the concept of shared services among fire departments for fire and rescue services. The task force developed a document that contains several different models of sharing services. To assist in the cost of hiring outside consultants to conduct these types of in depth studies the Minnesota State Fire Marshal obtained$200,000 of funding to be distributed out through a grant application process. The first round of grant funding was in 2010 where eight grants were awarded to groups of communities. The demand continued and the State Fire Marshal has obtained and additional$200,000 of funding to be distributed out through a similar grant process. The fire departments from Fridley, St. Anthony and Columbia Heights have worked closely together for many years. We have made many changes the past few years in order to hire, equip,train, and run as similar as possible. As Chiefs we felt this would be a great opportunity to have an outside entity look at all three departments and give suggestions on how to continue this shared cooperation on different levels. Columbia Heights is the lead agency for the grant application and the Columbia Heights Fire Chief will be the lead point person for administration of the grant. In order to accept a grant award and sign an agreement with the Minnesota State Fire Marshall a Resolution of support is required from each community. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2012-157, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2012-157, being a Resolution authorizing the Columbia Heights Fire Department to apply for the Fire and Rescue Shared Services Feasibility Study Grant. COUNCIL ACTION: 81 RESOLUTION NO.2012-157 BEING A RESOLUTION AUTHORIZING THE COLUMBIA HEIGHTS FIRE DEPARTMENT TO APPLY FOR THE FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY GRANT WHEREAS,Governor Tim Pawlenty created a"Fire and Rescue Shared Services Task Force"through Executive Order#09-13 on December 4, 2009. WHEREAS,the task force was assigned to investigate issues and the comparative benefits attendant to different models for shared fire and rescue service delivery. WHEREAS,the task force has developed"A Blueprint for Shared Services"document which contains several Minnesota fire service models of shared services, and has obtained grant funding through the Fire Service Advisory Committee/Department of Public Safety for outside consulting services that explore a shared services model for multiple fire services. WHEREAS,the grants will be administered by Department of Public Safety through the State Fire Marshall Division. WHEREAS, Shared Services refers to any number of methods where fire and rescue service organizations are doing something together to become more effective or more efficient. The shared service concept does not necessarily mean a savings in terms of money. WHEREAS,based on initial discussions with several surrounding fire chiefs from the City of Fridley, City of St. Anthony, and the City of Columbia Heights there appears to be interest in pursuing this grant opportunity. NOW THEREFORE,BE IT RESOLVED,that the Columbia Heights City Council hereby authorizes the following: 1. To proceed with the application process for the Fire and Rescue Shared Services Feasibility Study Grant. 2. Authorizing the City of Columbia Heights Fire Department to be the lead jurisdiction and the contracting agency for the Minnesota State Fire Marshal Fire and Rescue Shared Services Feasibility Study Grant Program. 3. Authorizes the Columbia Heights Fire Chief as the program contact person and to apply for the grant on behalf of all participating agencies voluntarily entering into this study process. 4. Authorizing the Columbia Heights City Manager and Fire Chief to enter into contracts with the Minnesota State Fire Marshal for the grant and Emergency Services Consulting International to conduct the study. 82 Passed this 10"'day of December, 2012. Offered by: Seconded by: Roll Call: Gary Peterson, Mayor ATTEST: Tori Leonhardt City Clerk/Council Secretary 83 CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: December 4, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for December 10, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 84 COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC Ilns oction Division 825 41st Avenue N.E.-Columbia Heights,MN 55421 -Ph:763-706-8156-Fax:763-706-8151 10179 3726 TYLER ST Wahl, Jodi F11976 11849 Larch St NW $ 150.00 Coon Rapids, MN 55448 10223 4800 4TH ST Kian, Armad F12121 3800 Xerxes Avenue S. $ 150.00 Minneapolis, MN 55410 10302 3829 2 1/2 ST Hampton Investment, Inc. F12174 9637 Anderson Lakes Parkway $ 150.00 Eden Prairie, MN 55344 1 0332 4824 7TH ST Cerepak, Brian F12288 1515 Jefferson Street NE $ 150.00 Minneapolis, MN 55413 30078 4556 MADISON ST Ekah, Ita F12250 7704 Tessman Dr $ 160.00 Brooklyn Park, MN 55445 Total#of Licenses 5 12/04/2012 12:17 Page 1 85 CITY COUNCIL LETTER Meeting of: _ December 10, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION ADOPTING THE 2012- BY: Kevin Hansen BY-/Z, 2013 SNOW AND ICE CONTROL POLICY DATE: DATE: Background: The Snow and Ice Control Policy was reviewed by city staff and minor changes have been made this year. These changes include minor equipment changes and operational clarification. Based upon an October 8, 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a Snow and Ice Control policy that is reviewed by the City Council and approved by resolution. Since 1999 our policy has been reviewed with the Council on a bi-annual basis with a resolution approving the City's Snow and Ice Control Policy. Analysis/Conclusions: The plan has been updated for the 2012-2013 year with minor revisions to clarify operational procedures: • Miscellaneous snow removal from designated sidewalks was modified to include the addition of new property acquired by Community Development. • Columbia Heights will be responsible for plowing/ice control maintenance on 37th Avenue from Central Avenue to Stinson Boulevard for 2012-2013. Public Works recommends passage of Resolution 2012-156 adopting the 2012-2013 Snow and Ice Control Policy. Recommended Motion: Move to waive the reading of Resolution No. 2012-156, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2012-156, being a resolution adopting the 2012-2013 Snow and Ice Control Policy for the City of Columbia Heights. KH:sms Attachment: Resolution 2012-156 2012-2013 Snow & Ice Control Policy Map COUNCIL ACTION: 86 RESOLUTION NO. 2012-156 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and; WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this I Oth day of December 2012. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 87 J Rif 0 ip � z O U Z LLJ 0 (> O ZO O J U ~ Q Q W U > Z H 0 N LLJ 3 o r J w ■ � J 0 LL N 0 a O w � LL V I Z 4 Z V Z g - W _ .cai risi� .ax nnvn co co IN 0>erx LL6f it l } i �o� ��n,", U O � l I ■ - 0 Qfl O Lhlf = ®� _ !Z»W m m 011f 5e l ---- ------------ .l3�01W 3O AiIO _ w } 0 - a E O J O = g v w N ~ 0v� _ v - W ®®N o wmm H65 � aa - N n i K =■it■ _ e I g6P�i �Aa f 101-P:4 CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: December 5, 2012 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the December 10, 2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012-2013, and the renewal of various business licenses for 2013. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for December 10,2012 as presented. COUNCIL ACTION: 89 TO CITY COUNCIL December 10, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2013 BLDG *Airtech Thermex LLC 4918 W 35th St, St Louis Pk $60 *Gent Ryan PI &Htg 2200 Highway 13 W, Burnsville $60 *Wenzel Htg&AC 4145 Old Sibley Hwy, Eagan $60 *Horwitz Inc 4401 Quebec Ave N,New Hope $60 *Metro Air Inc 16980 Welcome Ave, Prior Lk $60 *Schadegg Mech 225 Bridgepoint Dr, So St Paul $60 *Steinkraus Plumbing 112 E 5h St, Chaska $60 *Bonfe's Plumbing& Htg 505 Randolph Ave, St Paul $60 *Centraire Htg 7402 Washington Ave, Eden Prairie $60 *Kathrade Sewer&Water 12059 Whitetail Ln,Hanover $60 *MN Superior Exteriors 1048B Payne Ave, St Paul $60 *Hoffman Weber Const 7932 University Ave, Fridley $60 *C & S Blacktop 14435 Northdale Blvd, Rogers $60 *Asphalt Driveway 3350 University Ave, Mpls $60 *Let's Get Graphic 8560 Ctoonwood St, Coon Rapids $60 *Sign Art 2170 Dodd Rd, Mendota Hts $60 *Terra's Canopies 3610 46 '/2 Ave,Robbinsdale $60 *Rainbow Tree Care 11571 K-Tel Dr, Minnetonka $60 *Aaspen Tree 970 Wayzata Blvd W, Wayzata $60 *F.A. Bartlett 2724 Fernbrook Ln N, Plymouth $60 CIGARETTE SALES-2013 POLICE *Columbia Market 4901 University Ave, Col. Hts. $300 *Jeff's Bobby& Steves Auto 3701 Central Ave, Col. Hts. $300 FUEL DISPENSING DEVICES FIRE Jeff's Bobby& Steve's Auto 3701 Central Ave, Col. Hts. 210 CLUB LIQUOR POL/F/BL/ZA *Columbia Heights Lions Club 530 Mill St, Col. Hts.. $300 OFF/ON SALE BEER POL/F/BL/ZA Jeff Bobby& Steve's Auto 3701 Central Ave, Col. Hts. $550 Aldi's 5025 Central Ave, Col. Hts. $150 TEMP BEER/LIOUOR 90 Columbia Hts. Lions Club for Jamboree 2013-Huset Park $400 Immaculate Conception Church for Feb 8-9, 2013 event $200 LICENSES PENDING APPROVALS WINE/BEER P/F/B/Z *Miller's Bar& Grill 547 4e Avenue, Col. Hts. $1600 MASSAGE BUSINESS/INDIVIDUALS POL Hart Lake Massage/Jennifer Pyper-Muno 3813 Hayes St $500 1$100 Zentral Massage/Alec Vongkaysone &Cindy Sitthivay $500/$100/$350 PEDDLER/SOLICITOR LIC POL Matthew Dougan-Window Concepts 291 Eva St, St Paul(1 month) $100 Aaron Jahnke-Window Concepts 291 Eva St, St Paul (1 month) $100 91 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Resolution 2012-154 Approving a Site BY: Sheila Cartney BY:, Plan for 4001 University Ave DATE: December 5,2012 BACKGROUND: At this time, the applicant is requesting Site Plan Approval for the construction of a new gas station at 4001 University Avenue NE replacing the gas station that burned down, they will be using the original building pad. This property is located within the Design Guidelines 40a'Avenue District and requires a Site Plan Review in order to ensure compliance with the Design Guidelines. Design Guidelines The subject site is located in the 40a'Avenue District. The building should have a well-defined front fagade with primary entrances facing the street. The building should be designed with pitched or flat roofs; the proposed building has a flat roof. The base floor of the building should include elements that relate to human scale including texture,projections,doors,windows,awnings,canopies or ornamentation. Both entrances on the proposed building have awnings above and there are a variety of windows on both store fronts.Building height shall be a minimum of 22 feet;the proposed building meets this requirement. Window and door openings should comprise at least 30%of the area of the ground floor of the primary street facade.A minimum of 20%of any two sides or rear facades at ground level shall consist of window and door openings and a minimum of 15%of all upper story facades shall consist of window or balcony door openings. As proposed the building meets the window guidelines. MATERIALS: The objective is to ensure that high-quality,durable and authentic building materials are used in residential and nonresidential construction.Primary materials can consist of brick,natural stone, precast concrete, and stucco. The proposed building does not resemble the typical gas station. The architectural features are in-line with the design guidelines by providing character to the site. The two finishes on the building are precast veneer("Mammoth stone series")and prefinished metal siding("Una- clad"Delta Concealed).The precast veneer meets the design guideline requirement,the metal siding is a slight deviation from approved materials, but compliments the stonework in this building design and provides a more modern feel to the site. The Planning and Zoning Commission recommends that the metal siding not be used and that a material that meets the guidelines be used, they added this to the conditions of approval. Overall the proposed gas station meets the design guidelines with one slight deviation of building materials. Signage will be addressed at the time of the sign permit and must be consistent with design guidelines and city code. Site Plan As stated above the proposed gas station is using the existing foundation which is 2,400 square feet.The General Business Zoning setbacks are met. The existing gas pumps and canopy are to remain and be utilized with this business. A new trash enclosure is proposed with a finish to match the building. PARKING: The city code requires 13 parking spaces for the proposed use,according to the site plan all parking can be accommodated onsite. Any parking that is 6 spaces or more is required to be screened from any adjacent residential use with 80%opacity year round.The site plan indicates the parking to the north will be screened with a fence and landscaping and will achieve this requirement. At the Planning 92 and Zoning Commission meeting the Commission added a condition to install an 8-foot fence along the eastern property line. ACCESS: Currently the site has three curb cuts with two accesses on 40th Avenue and one on University Avenue frontage road. In the future Anoka County plans to create a right-turn-lane from 40th Avenue to University Avenue,the city would be in support of this turn lane.As part of the site plan review the City Engineer has reviewed the plan and is requesting at this time that the southwestern entrance on 40th Avenue be closed and curbed and only one entrance remain on 40th Avenue in preparation for the future turn lane. The applicant can either widen the existing entrance to the southeast or close a portion of that entrance as well and meet in the middle of 40th Avenue with a new entrance, a combined entrance, but still resulting in one entrance on 40th Avenue. Before a building permit will be issued the revised access shall be approved by the Engineering Department. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for this request on December 4, 2012 and approved the Site Plan with three additional conditions. 1)The parking lot and sidewalk be repaved, 2) there shall be no deviation from the design guidelines for building materials, 3) applicant shall construct an 8-foot fence along the eastern property line. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2012-154 there being ample copies available to the public. Motion: Move to approved resolution 2012-154 approving a Site Plan for a gas station located at 4001 University Avenue with conditions as attached. Attachments:Resolution 2012-154,Planning report 2012-1201 COUNCIL ACTION: 93 i i CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-1201 DATE: December 4, 2012 TO: Columbia Heights Planning Commission APPLICANT: Barr-Nelson Inc. i I LOCATION: 4001 University Avenue NE REQUEST: Site Plan Approval for New Gas Station j i PREPARED BY: Sheila Cartney, Assistant Community Development Director INTRODUCTION At this time, the applicant is requesting Site Plan Approval for the construction of a new gas station at 4001 University Avenue NE replacing the gas station that burned down, they will be using the original building pad. This property is located within the Design Guidelines 40th Avenue District and requires a Site Plan Review in order to ensure compliance with the Design Guidelines. ZONING ORDINANCE The property located at 4001 University Avenue is zoned GB, General Business District. The properties to the north and east are zoned R-3, Multiple Family Residential. The properties to the south are zoned GB, General Business and the properties to the west across University Avenue are zoned R-3, Multiple Family Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new gas station is consistent with the intent of the Comprehensive Plan. Design Guidelines The subject site is located in the 40th Avenue District. The building should have a well- defined front fagade with primary entrances facing the street. The building should be designed with pitched or fiat roofs; the proposed building has a flat roof. The base floor of the building should include elements that relate to human scale including texture, City of Columbia Heights Planning Commission December 4, 2012 j 4001 University Avenue - Site Plan Review Case # 2012-1201 projections, doors, windows, awnings, canopies or ornamentation. Both entrances on the proposed building have awnings above and there are a variety of windows on both store fronts. Building height shall be a minimum of 22 feet; the proposed building meets this requirement. Window and door openings should comprise at least 30% of the area of the ground floor of the primary street facade. A minimum of 20% of any two sides or rear facades at ground level shall consist of window and door openings and a minimum of 15% of all upper story facades shall consist of window or balcony door openings. As proposed the building meets the window guidelines. MATERIALS: The objective is to ensure that high-quality, durable and authentic building materials are used in residential and nonresidential construction. Primary materials can I consist of brick, natural stone, precast concrete, and stucco. The proposed building does not resemble the typical gas station. The architectural features are in-line with the design guidelines by providing character to the site. The two finishes on the building are precast veneer ("Mammoth stone series") and prefinished metal siding ("Una-clad" Delta Concealed). The precast veneer meets the design guideline requirement, the metal siding is a slight deviation from approved materials, but compliments the stonework in this building design and provides a more modern feel to the site. Overall the proposed gas station meets the design guidelines with one slight deviation ! of building materials. Signage will be addressed at the time of the sign permit and must be consistent with design guidelines and city code. Site Plan As stated above the proposed gas station is using the existing foundation which is 2,400 square feet. The General Business Zoning setbacks are met. The existing gas pumps and canopy are to remain and be utilized with this business. A new trash enclosure is proposed with a finish to match the building. PARKING: The city code requires 13 parking spaces for the proposed use, according to the site plan all parking can be accommodated onsite. Any parking that is 6 spaces or more is required to be screened from any adjacent residential use with 80% opacity year round. The site plan indicates the parking to the north will be screened with a fence and landscaping and will achieve this requirement. It is unclear if the parking spaces on the southeast portion of site will be 80% opaque year-round, the applicant should address this and this will be a condition of approval. ACCESS: Currently the site has three curb cuts with two accesses on 40th Avenue and one on University Avenue frontage road. In the future Anoka County plans to create a right-turn-lane from 40th Avenue to University Avenue, the city would be in support of this turn lane. As part of the site plan review the City Engineer has reviewed the plan and is requesting at this time that the southwestern entrance on 40th Avenue be closed and curbed and only one entrance remain on 40th Avenue in preparation for the future turn lane. The applicant can either widen the existing entrance to the southeast or close a portion of that entrance as well and meet in the middle of 40th Avenue with a new Page 2 95 i City of Columbia Heights Planning Commission December 4, 2012 i 4001 University Avenue — Site Plan Review Case # 2012-1201 entrance, a combined entrance, but still resulting in one entrance on 40t" Avenue. Before a building permit will be issued the revised access shall be approved by the Engineering Department. i FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: I a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property with a slight deviation in the building materials. The zoning code requirements are achieved. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new j gas station is consistent with the intent of the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. I d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. With consolidating the entrances off 40th Avenue to one entrance any adverse impacts are lessoned on the public right-of-way. RECOMMENDATION Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and will severely upgrade the appearance of the site, enhancing the image of the 40t" and University Avenue corner with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. Page 3 96 City of Columbia Heights Planning Commission December 4, 2012 4001 University Avenue -- Site Plan Review Case # 2012-1201 3. The southwestern access off 40th Avenue shall be closed and curbed, resulting in one access off 40th Avenue for this property. The City Engineer shall approve the access before a building permit is issued 4. The building shall be sprinkled. i 5. Parking areas shall be screened with fencing and/or landscaping that is 80% opaque year round. 6. The trash enclosure shall match the building. 7. An old sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. Move to waive the reading of Resolution No. 2012-PZ07, there being ample copies I available to the public. Move to adopt Resolution No. 2012-PZ07, being a resolution approving a site plan for a new gas station located at 4001 University Avenue NE. I ATTACHMENTS • Draft Resolution • Location Map • Elevations Page 4 97 RESOLUTION NO. 2012-PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW GAS STATION AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS,a proposal(Case#2012-1201)has been submitted by Barr-Nelson Inc.,to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4001 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS TIIE FOLLOWING PERMIT: Site Plan approval for the construction of a new gas station building located at 4001 University Avenue NE. WHEREAS, the Planning Conunission has held a public hearing as required by the city Zoning Code on December 4, 2012; WHEREAS,the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health,safety,and welfare of the community and its Comprehensive Plan,as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal,that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER, BE IT RESOLVED,that the attached conditions,maps,and other information shall become pant of this permit and approval;and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. 98 1 I E Resolution No. 2012-PZ07 Page 2 CONDITIONS ATTACHED: 1. All application materials,maps,drawings and descriptive information shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. 3. The southwestern access off 40'1' Avenue shall be closed and curbed, resulting in one access off 40"' Avenue for this property. The City Engineer shall approve the access before a building permit is issued 4. The building shall be sprin],ded. S. Parking areas shall be screened with fencing and/or landscaping that is 80%opaque year s round. 1 i i 6. The trash enclosure shall match the building. 7. An old sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. Passed this 40' day of December,2012, Offered by: Seconded by: Chair Roll Call: Ayes: Nays: Secretary Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Barr qelson Inc. Date 99 i V � .1 I ,'. 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I i jT ', i Iilfl'� S 3 I , 7 3 Aa N rx p pg q` ' , .I 01111 11 yy� [[gy 311 I 1 �tttl 'e 41 ; 3 rl 1 41 J[33ei I� lS��I Ti r f.# �t ;r �`liiE I 413r114�k1 � x-411 �a{{J 1L�.t]] 4s�11f•( {f tI 'I 1 mil lit i 11' l i1 1 ;1� .II I r� � I J�ii F 1]4 fllJfiir, f 1: I, I � l' if,l+� 1111 i t Ij 1 I 1 1 . 1 11 E iJ,Li 't L I 1 {:uu111: ''!1; 'i; diid41s1ii1 I III II ' . G 1 i P1Er1 f11�1 s I tEa7F t+ a D pf' all ar ! ' }k{ x,11 4J� �{ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of Decemberl0, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Resolution 2012-152, Authorization to BY: Sheila Cartney BY: apply for CDBG funds for demolition at 3927 DATE: December 5, 2012 Central BACKGROUND: Community Development Block Grant(CDBG) applications are due in January 2013 and require a Resolution of support by the City Council. At this time staff is seeking authorization to make application for demolition funding for the Mady building at 3927 Central Avenue. It has always been the intent to seek outside funds for demolition, staff is also looking to apply for DEED funds. If neither grants are awarded, the original Mady's proposed budget funds from Fund 420 will be used, but both of these grant submittals afford the City/EDA a way to have alternative funds for this or other redevelopment programs. RECOMMENDATION: Staff recommends the City Council authorize a CDBG application for demolition funds. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2012-152 there being ample copies available to the public. Motion: Move to approve Resolution 2012-152 authorizing staff to apply for CDBG funds for demolition of 3927 Central Ave. Attachments:Resolution 2012-152 COUNCIL ACTION: 103 Resolution 2012-152 Resolution Authorizing Community Development staff to apply for Community Development Block Grant(CDBG) funds for Demolition at 3927 Central Ave. North Whereas, in December of 2012 the City's Economic Development Authority(EDA) purchased 3927 Central Ave.North, and Whereas,the subject site is a key redevelopment site identified within the City's Comprehensive Plan, and Whereas,the site has a number of redevelopment associated issues including future soil corrections and others beyond market price considerations, and Whereas, the EDA has purchased properties that are adjacent to the subject site, and Whereas,the first step in the redevelopment of this site is demolition with estimated cost as detailed in the grant submission, and Whereas, the EDA desires to seek assistance from DEED through their established programs for this essential redevelopment, NOW THEREFORE BE IT RESOLVED, 1. The City Council, on behalf of the City's Economic Development Authority, hereby authorizes submittal of the grant application to Anoka County for CDBG funds for the purpose of demolition of property at 3927 Central Ave. Passed this l O'h day of December 2013 Offered by: Second by: Roll Call: Mayor Gary Peterson Tori Leonhardt City Clerk/Council Secretary 104 CITY COUNCIL LETTER Meeting of. December 10, 2012 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution 2012-153-Application of BY: Scott Clark BY: DEED Grant for Demolition at 3927 DATED: December 5, 2012 Central Ave. Background: Staff, based on approval by the City Council, will be applying for Community Development Block Grant (CDBG) funds for demolition of the Mady's property at 3927 Central Ave. Since the preliminary awarding date is not until February the City will not know until that date if the grant submittal is approved. If not successful and staff waited for notification, staff would miss the opportunity to apply for an optional funding source by applying to the State's DEED office for demolition funds under their 2013 redevelopment program. Therefore, staff is seeking authorization to submit a demolition grant application to DEED with the understanding that if CDBG funds are awarded, the City will withdraw the application. If neither grants are awarded, the original Mady's proposal budgeted funds from Fund 420 will be used, but both of these grant submittals afford the City/EDA a way to have alternative funds for this or other redevelopment programs. Recommendation: Staff recommends Resolution-2012-153 as written. Recommended Motion: Move to waive the reading of Resolution 2012-153 there being ample copies to the public Move to approve Resolution 2012-153 making application to the State's DEED office for a 2013 demolition grant for 3927 Central Ave. Attachments: Resolution 2012-153 COUNCIL ACTION: 105 Resolution 2012-153 Resolution Authorizing Submittal to the Department of Employment and Economic Development (DEED) for 2013 Redevelopment Grant Funds for Demolition at 3927 Central Ave. North Whereas, in December of 2012 the City's Economic Development Authority (EDA) purchased 3927 Central Ave. North, and Whereas, the subject site is a key redevelopment site identified within the City's Comprehensive Plan, and Whereas, the site has a number of redevelopment associated issues including future soil corrections and other beyond market price considerations, and Whereas, the EDA has purchased properties that are adjacent to the subject site, and Whereas, the first step in the redevelopment of this site is demolition with estimated cost as detailed in the grant submission, and Whereas, the EDA desires to seek assistance from DEED through their established programs for this essential redevelopment, NOW THEREFORE BE IT RESOLVED, 1. The City Council, on behalf of the City's Economic Development Authority, hereby authorizes submittal of the grant to DEED for the purpose of demolition of property at 3927 Central Ave. Passed this 10th day of December 2012 Offered by: Second by: Roll Call: Mayor Gary Peterson Tori Leonhardt City Clerk/Council Secretary 106 CITY COUNCIL LETTER Meeting of: December 10, 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE FINAL PAYMENT FOR BY: K. Hansen BY: CITY HALL BOILER IMPROVEMENTS, DATE: 12/5/12 DATE: PROJECT NO. 1207 Background: The contractor has completed the installation of the new boilers at City Hall. The work consisted of removals, a new boiler plant providing 2,500MBtu of heat,piping and building controls. All contract work and warranty work have been completed. Analysis/Conclusions: All work has been completed in accordance with the contract documents. A one year warranty is also in effect. The final work to date is $3,860 under the original contract amount. A rebate in the amount of$4,250 has also been received from CenterPoint Energy for the new boiler plant reducing the final cost to $149,570. Staff recommends approval of the final payment to Horwitz NS/I Mechanical Construction Service and acceptance of the work. A copy of the final payment voucher and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to approve and accept the work for the City Hall Boiler Improvements, City Project No. 1207, and authorize final payment of$7,691.00 to Horwitz NS/I Mechanical Construction Service of New Hope, Minnesota. Attachments: Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: 107 Sha6et F:asd6ag Sxrloei Fay 233516 WM 36 Weg St Paul UN 55113 TOE(651)6364600 far(651)636.1311 %a tec December 6, 2012 Mr. Kevin Hansen, P.E., Director of Public Works City of Columbia Heights 637 3e Avenue NE Columbia Heights, MN 55421 Re: Columbia Heights Boiler Replacement Project—City Hall Stantec File No. 193800463 Request for Payment No. 6-Final Dear Mr. Hansen: Transmitted herewith are four(4)copies of Request for Payment No. 6-Final for the above referenced project. This pay request Is for work completed through December 6,2012.We have reviewed the final request and hereby recommend approval for payment for the amount of $7,691.00. Please execute the documents and distribute as follows: 1 copy City of Columbia Heights 2 copies Horwitz NSI, Attn: Fred Williamson 1 copy Stantec Consulting Services Inc.attn:Dave Lindahl In order to final this project, a completed Minnesota Withholding Form IC-134 (Contractor's Withholding affidavit), Consent of Surety, Lien Waiver, and Receipt and Waiver of Mechanics Lien Rights. These documents will be sent under separate cover. Contact me at(651)604-4733 if you have any questions or comments. Sincerely, STANTEC CONSULTING SERVICES INC. r David C Lindahl,-P.E. Enclosure 108 Owner atyofCofumbla Heights,590 40TH Avenue N Colu nbla Heights,MN 55421 Date: DeCember 6 2012 For Period: 1 012 tv 1 012 Request No: 6-Hr Contractor: HWA-U-NS4 4401 Quebw Avenue N New U2M NMI 55428 CONTRACTOR'S REQUEST FOR PAYMENT COLUMBIA HEIGHTS BOILER REPLACEMENT-CITY HALL STANTEC PROJECT NO. 193800463 CITY PROJECT NO. 1207 SUMMARY 1 Original Contract Amount $ 158,280.00 2 Change Omer-Addition $ 5,650.00 3 Change Order-Deduction $ 10,110.00 4 Revised Contract Amount $ 153,820.00 5 Value Completed to Date $_ 153,820.00 6 Material on Hand $ 000 7 Amount Earned $____153,820.00 8 Less Retainage 0% $ 0.00 9 Subtotal $ 153,820.00 10 Less Amount Paid Nwfously $ 146129.00 11 Liquidated damages- $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 6-Final $ 7,691.00 Recommended for Approval by: STANTEC Approved by Contractor. Approveq by Owner HORWI1Z-NSI COL HEIGHTS See attached for signature Spedfied Contract Completion Date: Date: 442=-- 1eM0MMFgEQ FMwLWm 109 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2012 CITY HALL BOILER REPACEMENT CITY PROJECT NUMBER 1207 December 10, 2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS,MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Horwitz NS/I Mechanical Construction Service. The work consisted of installing a new high efficiency boiler plant consisting of two 1250MBH boilers to replace the single 2,400 MBH boiler installed in 1959. The contractor has completed the project in accordance with the contract documents. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 158,280.00 CHANGE ORDERS $ (4.460.00) FINAL CONTRACT AMOUNT $ 153,820.00 FINAL WORK APPROVED $ 153,820.00 ALL PRIOR PAYMENTS ($ 146,129.00) BALANCE DUE $ 7,691.00 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 110 CITY COUNCIL LETTER Meeting of. December 10, 2012 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE FINAL COMPENSATING CHANGE BY: K.Hansen BY: ORDER AND AUTHORIZE FINAL PAYMENT FOR DATE: 12/5/12 DATE: GATEWAY PEDESTRIAN BRIDGE,PROJECT NO.0906 Background: The contractor has completed the improvements for the Gateway Pedestrian Bridge. The work consisted of the removal of an existing pedestrian bridge and construction of a new ADA compliant pedestrian bridge. All contract work and punch list items have been completed. Analysis/Conclusions: The final compensating change order, attached,modifies the contract to include quantities in addition to the original contract due to field changes and unknown conditions. Additions to the contract modified quantities using the contract bid prices for each work item or negotiated amounts based on the contractor's time and needed materials. The work is detailed on the change order and summarized as follows: 1. Steel reinforcing cost increases due to a delay in starting the work; 2. Additional steel reinforcing in the switchback 3. Additional traffic control; and 4. Application of a bridge deck surface sealer and additional erosion control. The total amount of the final compensating change is$45,901.18.All CO costs are Federal funding eligible. The effect of the Final Change Order from the original contract award is negated as the final value of work completed, with the change orders, is under the award amount. Staff recommends approval of the compensating change order and final payment to C.S. McCrossan and acceptance of the work. A copy of the change order, final payment voucher, and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to approve the final compensating change order and accept the work for the Gateway Pedestrian Bridge,City Project No. 0906, and authorize final payment of$55,481.21 to C.S. McCrossan of Maple Grove,Minnesota. Attachments: Change Order Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: 111 FINAL COMPENSATING CHANGE ORDER Project: 2010 Pedestrian Bridge Replacement S.A.P. 113-010-015 City Project: 0906 Owner: City of Columbia Heights Date of Issuance: December 5,2012 637 38"'Avenue N.E. Columbia Heights,MN 55421 Contractor: C.S.McCrossan Construction,Inc. Engineer: City Engineer 7865 Jefferson Highway,Box 1240 Maple Grove,MN 55311 You are directed to make the following changes in the Contract Documents: Description: Material cost increases due to a delay in starting the work, Additional steel reinforcing in the switchback, Additional traffic control, and Application of a bridge deck surface sealer and additional erosion control. Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $2,035,167.55 Previous Change Orders No._to No. Net Change from Previous Change Order: $None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $2,035,167.55 Net Increase of this Change Order: Net Increase(Decrease) of Change Order: $ 45,901.18 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $2,081,068.73 N/A Approved Approved By: By: City Engineer (Contractor) City Manager Walt Fehst Mayor Gary Peterson Date of Council Action Final Compensating Change Order 112 S.A.P. 113-010-015, City Project 0906 Page 1 Owner: City of Columbia Heights Contractor: C. S. McCrossan Construction, Inc. Project: 2012 Pedestrian Bridge Replacement Description of Changes: The City requested the following work for additions,changes or modifications to the contract documents: • Item No. 1: Steel reinforcing cost increases due to a delay in starting the work: Due to funding authorization delays,the award of contract was delayed for 60 days in which time steel pricing changed—resulting in a cost increase. The project cost increase was$19,088.23 and will be funded through the Federal ARRA grant. • Item No. 2: Additional steel reinforcing in the switchback: A site review by MnDOT following contract award determined that additional steel reinforcing was required at the slope transition decks on the switchback.The project cost increase was $9,298.61 and will be funded through the Federal ARRA grant. • Item No. 3: Additional traffic control: Additional informational signage,traffic control, and site perimeter fencing was requested by City staff during construction. The project cost increase was $6,645.58 and will be funded through the Federal ARRA grant. • Item No.4: Application of a bridge deck surface sealer and additional erosion control: City staff requested the addition of a bridge deck sealer which prevents the corrosive effects of salt.During construction, staff requested additional erosion control measures to prevent soil erosion. The project cost increase was $10,868.76 and will be funded through the Federal ARRA grant. FINAL COMPENSATING CHANGE ORDER No. Item Description Unit Quantit Unit Price Total Price 1 Steel reinforcing cost increases LS 1 $ 19,088.23 $ 19,088.23 2 Additional steel reinforcing in the switchback $ 9,298.61 $ 9,298.61 3 Additional traffic control $ 6,645.58 $ 6,645.58 4 Application of a bridge deck surface sealer $ 10,868.71 $ 10,868.71 TOTAL CHANGE ORDER $45,901.18 Funding Sources: Federal ARRA Grant 113 APPLICATION FOR PAYMENT PAYMENT NO. 12 City Project No. 0906 Owner: City of Columbia Heights Contractor: C.S. McCrossan Construction, Inc. Project: 2010 Pedestrian Bridge Replacement at TH 65 and 49th Avenue KHA Project No. 160558002 Application Date: 07/15/12 For Period Ending: 06/30/12 Original Contract Amount: $ 2,035,167.55 Contract Amendments: $ 45,901.18 Contract Amount to Date: $ 2,081,068.73 Total Amount of Work Completed to Date: $ 2,027,368.24 Material Stored On-Site but not in Work: $ - Gross Amount Due to Date: $ 2,027,368.24 Less 2.50% Retainage: $ Amount Due to Date: $ 2,027,368.24 Less Previous Payments: $ 1,971,887.03 Total Due This Application: $ 55,481.21 1 hereby certify that all items and amounts shown are correct for the work completed to-date. Contractor: C.S. MCCROSSAN CONSTRUCTION, INC. Ted McCrossan 7' � � Date The Work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer: KIMLEY-HORN AN OCIATES, INC. ///711 Ma ew . Jen e , P.E. Date APPROVED FOR PAYMENT Owner: CITY F COL' MBIA HEIGHTS in R. Hansen, P.E. Date 114 Kimley-Horn 1t and Associates, Inc. November 27,2012 ■ sole 236N 2550 University Avenue West Mr. Kevin Hansen, P.E. St.Paw,Minnesota City of Columbia Heights 55114 637 38th Avenue NE Columbia Heights,MN 55421 Re: Engineer's Recommendation for Final Acceptance Gateway Pedestrian Bridge City Project 0906 Dear Mr. Hansen: I have viewed the work under contract for the Gateway Pedestrian Bridge City Project No. 0906 and find that the project has been fully completed in all respects according to the contract. I therefore recommend that the final payment be made for the improvements to C.S. McCrossan Construction, Inc., for the balance of the contract as follows: Contract Price $2,035,167.55 Contract Amendments $ 45,901.18 Contract Amount to Date $2,081,068.73 Final Amount for Work Completed $2,027,368.24 Less Previous Payments $1,971,887.03 Total Due for Final Payment $ 55,481.21 The contractor has reviewed the final payment and is in agreement on all of the final quantities.-We have received the Contractor's Affidavit of Release of Liens, Consent to Final Payment, and Contractor's Withholding Affidavits required for final payment. Please call me if you have any questions or you need any additional information. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. �....:4' Matiew 15.Jensen, Project Manager LIC WORKS t TEL 651 645 4197 FAX 851 645 5116 An Affirmative Action EqualllQortunity Employer CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2010 PEDESTRIAN BRIDGE CITY PROJECT NUMBER 0906 December 10, 2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS,MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to C.S. McCrossan Construction, Inc. The work consisted of replacing the pedestrian bridge at TH65 and 49th Avenue. The contractor has completed the project in accordance with the contract. It is recommended; herewith,that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 2,035.167.55 CHANGE ORDERS $ 45,901.18 FINAL CONTRACT AMOUNT $ 2,081,068.73 FINAL WORK APPROVED $ 2,027,368.24 ALL PRIOR PAYMENTS ($ 1,971,887.031 BALANCE DUE $ 55,480.21 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 116 CITY COUNCIL LETTER Meeting of: December 10, 2012 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE FINAL COMPENSATING CHANGE BY: K.Hansen BY: ORDER AND AUTHORIZE FINAL PAYMENT FOR DATE: 12/5/12 DATE: RAMSDELL PARK IMPROVEMENTS,PROJECT NO. 1106 Background: The contractor has completed the improvements to Ramsdell Park. The work consisted of: site removals and grading; a new athletic field for girls fast pitch softball and boys little league; an 8-foot bituminous walking trail; a new parking area off of Johnson Street; a relocated playground area(playground equipment already purchased in 2009); a new picnic shelter; site utilities—water main, drainage systems and storm sewer; surface water treatment areas (bio-infiltration areas); and erosion control and site restoration. All contract work and punch list items have been completed. Analysis/Conclusions: The final compensating change order, attached,modifies the contract to include quantities in addition to the original contract due to field changes and unknown conditions. Additions to the contract modified quantities using the contract bid prices for each work item or negotiated amounts based on the contractor's time and needed materials. The work is detailed on the change order and summarized as follows: 1. Soil corrections at the picnic shelter and ballfield, and imported topsoil 2. Scoreboard and bleachers; and 3. Shelter flashing and appurtenances. The total amount of the final compensating change order is $19,743.40. ISD 13 has agreed to pay$12,220.79 for the scoreboard and bleachers. The remaining$7,522.61 for soils and shelter work will be paid out of the Park Development Fund. Staff recommends approval of the compensating change order and final payment to C. Mogren,Inc. and acceptance of the work. A copy of the change order, final payment voucher, and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to approve the final compensating change order and accept the work for Ramsdell Park Improvements, City Project No. 1106, and authorize final payment of$10,237.26 to C. Mogren of Hugo, Minnesota. Attachments: Change Order Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: 117 FINAL COMPENSATING CHANGE ORDER Cit Project: 1106 Project: Ramsdell Park improvements Owner: City of Columbia Heights Date of Issuance: December 5,2012 637 38"'AvenueN.E. Columbia Heights,MN 55421 Contractor: C. Mogren, Inc. Engineer: City Engineer 17805 Foxhill Avenue North Hugo,MN 55038 F ected to make the following changes in the Contract Documents: iption: Perform soil corrections and import topsoil, Furnish and install scoreboard and bleachers, and Furnish and install shelter flashing and appurtenances. Purpose of Change Order: The contract has been modified to include the following: F HANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME riginal Contract Price: Original Contract Time: $ 408,829.60 Previous Change Orders No._to No. Net Change from Previous Change Order: $None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $408,829.60 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 19,743.40 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $428,573.00 N/A Approved Approved By: By: (Contractor) City Engineer Ma or Gary Peterson Date of Council Action City Manager Walt Fehst y Final Compensating Change Order 118 City Project No. 1106 Page 1 Owner: City of Columbia Heights Contractor: C.Mogren, Inc. Project: Ramsdell Park Improvements Description of Changes: The City requested the following work for additions, changes or modifications to the contract documents: • Item No. l: Soil corrections at the picnic shelter and ballfield and imported topsoil: Adjustments to unit bid prices for additional soil correction at the picnic shelter and ballfield; Adjustments to unit bid prices for additional topsoil at the ballfield. • Item No. 2: Scoreboard and bleachers: ISD 13 requested the addition of a electronic scoreboard and bleachers for the new ballfield. • Item No. 3: Shelter flashing and appurtenances: Additional costs for flashing and fascia around the shelter roof and for adjustments to the shelter anchor bolts at the support columns. FINAL COMPENSATING CHANGE ORDER Item No. Item Description Unit Quantity Unit Price Total Price 1 Soil corrections and topsoil C.Y. 245 $ 6,129.21 $ 6,129.21 2 Scoreboard and bleachers L.S. 1 $12,220.79 $12,220.79 3 Shelter flashing and anchor bolts L.S. 1 $ 1,393.40 1,393.40 TOTAL CHANGE ORDER $19,743.40 Funding Sources ISD 13 $12,220.79 Park Dev Fund $ 7,522.61 119 !O P. J p U A W N Q m 4 ~ •@ �e°� Y Z V r g Z r A Z Z i8 m p a O D p z D P w m m 0 +n 3 p m mm y m p M i y bz o �_ 6 r �7 x � n non a zb u � A m S m m OD y �a N in m to y x c. �P co z �„� W J 3 n 1 to m � ? a U w N o o o IM G Q 54 rp, xr, � w f F St kt RIP �. a ag e PH E 7e B �n 4 m y r b � �.�•�� R Rm .� m ? a " OO71 pz g � $ n pp13 00 0 0 � POR I � 120 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE RAMSDELL PARK SITE IMPROVEMENTS CITY PROJECT NUMBER 1106 December 10,2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS,MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to C. Mogren of Hugo,MN. The work consisted of Park Reconstruction including an athletic field, a park shelter, a playground, bituminous walking trails and stormwater treatment basins. The contractor has completed the project in accordance with the contract. It is recommended;herewith,that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $408,829.60 CHANGE ORDERS $ 19,743.40 FINAL CONTRACT AMOUNT $ 428,573.00 FINAL WORK APPROVED $428,573.00 ALL PRIOR PAYMENTS ($418.335.74) BALANCE DUE (Final Payment) $ 10,237.26 Sincerely, CITY F CO IA HEIGHTS r CZ Kevin R. Hansen City Engineer 121 CITY COUNCIL LETTER Meeting of: December 10, 2012 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE FINAL COMPENSATING CHANGE BY: K.Hansen BY: ORDER AND AUTHORIZE FINAL PAYMENT FOR 2011 DATE: 12/5/12 DATE: STREET REHABILITATION—ZONE 6,PROJECT NO. 1102 Background: The contractor has completed the 2011 Street Rehabilitation project in Zone 6. The work consisted of street reconstruction and an overlay with related or special utility construction/replacement. All contract work and warranty work have been completed. Analysis/Conclusions: The final compensating change order, attached,modifies the contract to include quantities in addition to the original contract due to field changes and unknown conditions. Additions to the contract modified quantities using the contract bid prices for each work item or negotiated amounts based on the contractor's time and needed materials. The work is detailed on the change order and summarized as follows: Soil correction, Sanitary service and Water service work, Geotextile fabric, Aggregate base,Bituminous patch special, and Bituminous wear and non-wear course. The payment voucher has a deduction of$6,300. The deduction is the cost to seal coat 4th Street and will be included with the City's 2013 project. Small areas of thin surface delamination were observed in the southbound lane of the bituminous overlay on 4th Street from 42 Avenue to 44th Avenue. Staff met with MnDOT bituminous engineers concerning the integrity of the overlay. The deduction is that the distress is limited to the surface and was caused by contamination(dirt)in the paver or on the roller.MnDOT recommended seal coating the pavement. Staff recommends approval of the compensating change order and final payment to C &L Excavating, Inc. and acceptance of the work. A copy of the change order, final payment voucher, and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to approve the final compensating change order and accept the work for 2011 Street Rehabilitation,Zone 6, City Project No. 1102,and authorize final payment of$34,627.50 to C &L Excavating, Inc. of St. Joseph,Minnesota. Attachments: Change Order Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: 122 FINAL COMPENSATING CHANGE ORDER Project: 2011 Street Rehabilitation City Project: 1102 Owner: City of Columbia Heights Date of Issuance: October 22, 2012 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: C&L Excavating, Inc. Engineer: City Engineer 7939 Ridgewood Road, PO Box 99 Saint Joseph, MN 56374 You are directed to make the following changes in the Contract Documents: Description: Staff directed the contractor to modify quantities because of field conditions. Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $981,304.05 Previous Change Orders No. to No. Net Change from Previous Change Order: $None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $981,304.05 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $40,485.83 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $1,021,789.88 N/A Approved Approved By: By: City Engineer (Contractor) City Manager Walt Fehst Mayor Gary Peterson Date of Council Action 123 Attachment to Final Compensating Change Order City Project No. 1102 Page 1 Owner: City of Columbia Heights Contractor: C&L Excavating, Inc. Project: 2011 Street Rehabilitation Description of Changes: The City requested the following work for additions, changes, or modifications to the contract documents: • Item No. 1: Sanitary manhole replacement on Jackson Street Poor soils were encountered on Jackson Street during the manhole replacement. The on-site materials were removed. Borrow material and extra class 5 was placed in the excavation. Costs will be appropriated from the sanitary sewer fund. • Item No. 2: Sanitary service exploration on 4th Street The sanitary sewer service was plugged at 4226 4th Street. This service was reconnected to the sanitary sewer main during construction. A plumber televised the line and marked an obstruction(offset pipe)in the vicinity of the main to service pipe connection. The exploration revealed the connection was not offset. The line was plugged further to the west. Costs will be assessed to the owner with a petition and waiver agreement and appropriated from the sanitary sewer fund. • Item No. 3: Reconnect galvanized services on 6th Street During the water main replacement, substandard services(galvanized or lead pipe) from the main to the stop box were replaced with one inch copper. Several services were found to be galvanized pipe from the stop box to the house. These pipes were fragile and several attempts were required to reconnect the new copper to the existing galvanized pipe. Costs will be appropriated from special assessment fund. • Item No. 4: Geotextile fabric on 6th Street Geotextile fabric was installed on 6th Street from 40th Avenue to 42nd Avenue to help stabilize the native clay soils in preparation of placing aggregate base. Costs will be appropriated from the special assessment and infrastructure fund. • Items No. 5, 6, 7 and 8: Aggregate base and Bituminous patching/paving Many times when spot repairs/replacements are made to the sanitary sewer, storm sewer and water main systems, the extent of the work is not known until the utilities are exposed. At several sites, additional aggregate base and patching was required. This includes the patch on 40th Avenue between 2nd and 2'/z Streets where a section of sanitary sewer pipe collapsed. (Interstate repaired the pipe.) The street patch preparation and paving was done by C&L Excavating(low bid). Costs will be appropriated from the respective utility funds. • Item No. 9: Water and sanitary service stubs Two property owners of vacant lots on 6th Street requested water and sanitary service stubs be extended from the mains to the property lines. 124 Costs will be appropriated from special assessments (petition and waiver agreement with owner). Attachment to Final Compensating Change Order City Project No. 1102 Page 2 FINAL COMPENSATING CHANGE ORDER No. Item Description Unit Quantit Unit Total Price Price 1 Sanitary manhole—Jackson St L.S. 1 $3,216.31 $3,216.31 2 Sa itary service exploration—4th St L.S. 1 $3,253.16 $3,253.16 3 1 Reconnect galvanized water services L.S. 1 $3,131.00 $3,131.00 4 Geotextile fabric S.Y. 2,513 $1.90 $4,774.70 5 Aggregate base, CV C.Y. 266 $21.26 $5,655.16 6 Bituminous patch special S.Y. 124 $57.50 $7,130.00 7 T e SP wearing course Ton 38 $63.50 $2,413.00 8 T e SP non-wearing course Ton 87 $57.50 $5,002.50 9 Water and sanitary service stubs I Each 2 $2,955.00 $5,910.00 TOTAL CHANGE ORDER $40,485.83 Fund: Special Assessment(415) $14,028.35 Infrastructure(430) $ 2,387.35 Sanitary(652) $22,053.13 Storm(653) $ 2,017.00 125 CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. Pay Final DATE: October 23 2012 PERIOD ENDING: Octsber 30, 2011 CONTRACT. 2011 Street Rehabilitation PROJECT NO. 1102 TO: C & L EXCAVATING, INC. ., WOWS PO BOX 99 ST. JOSEPH, MN 56374 Phone: 320-363-1221 A. Original Contract Amount......................................................................... $981,304.05 B. Total Addition........................................................................................... $40,485.83 C. Total Deduction........................................................................................ $0.00 D. TOTAL CONTRACT AMOUNT.................................................................... $1,021,789.88 E. TOTAL VALUE OF WORK TO DATE............................................................ $1,021,512.86 F. LESS RETAINED..................................................................................... -$6,300.00 G. LESS LIQUIDATED DAMAGES(July 30 to September 5)................................. -$1,750.00 H. Previous Payment(s)................................................................................. -$978,835.36 I. TOTAL APPROVED FOR PAYMENT THIS VOUCHER................................... $34,627.50 J. TOTAL PAYMENTS INCLUDING THIS VOUCHER.......................................... $1,013,462.86 APPROVALS Pursuant to our field observations, I hereby recommend for payment the above stated amount for work performed through October 30.2011 Signed by: Z Kevin anse , blic Works Direc City Engineer Date Signed by: f (/Z- C&7L Ex eating, Inc. Date Page 9 Of 1 126 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2011 STREET REHABILITATION PROJECT ZONE 6 CITY PROJECT NUMBER 1102 December 5, 2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS,MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to C&L Excavating, Inc. The work consisted of street reconstruction and street overlay, with related or special utility construction/replacement. The contractor has completed the project in accordance with the contract. It is recommended;herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 981,304.05 CHANGE ORDERS $ 40,485.83 FINAL CONTRACT AMOUNT $1,021,789.88 FINAL WORK APPROVED $1,021,512.86 TOTAL DEDUCTIONS ($ 8,050.00) ALL PRIOR PAYMENTS V$ 978,835.36) BALANCE DUE $ 34,627.50 Sincerely, CI F COL IA HEIGHTS Kevi R. Hansen City Engineer 127 CITY COUNCIL LETTER Meeting of. December 10, 2012 AGENDA SECTION:NEW BUSINESS AND REPORTS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM:CITY-WIDE WATER DISTRIBUTION MODEL BY: K.Hansen BY: UPDATE DATE: 12/5/2012 DATE: Background: The City of Columbia Heights last completed a city-wide water distribution study in 1999,which was the first comprehensive distribution study conducted. Modeling is performed to evaluate the operating dynamics of the water system, focusing on hydraulic capacity and water quality issues in the system. It is particularly useful where new development or areas of reconstruction will occur in the next couple of years. The 1999 report analyzed our entire water distribution system operation considering existing conditions (population and growth), redevelopment areas, and system demands, including capacity and fire flow. The report provided a list of recommendations, all of which have been completed in the last decade, with the exception of the interconnection with the City of Hilltop. This type of comprehensive modeling effort is typically updated on a 10-year cycle, or more frequently in growing communities. Analysis/Conclusions: An update of our Water Model was a 2012 budgeted task and a primary goal in the Water Department. The project purpose is to provide the City with an updated and GIS compatible water model and written report that identifies what capital improvements are needed for the city's water distribution system. The report shall address deficiencies in the existing system, evaluate problem areas, and capital needs for future water distribution system planning. The consultant firm of Bolton and Menk have completed the update on the City-wide water model and detailed their findings and summarized recommendations in the copy of their report, attached. Staff focused on the following issues: i. Concentration of Water Main Breaks: Over ninety percent of the City's water main breaks are found within the high zone, or east of Central Avenue, averaging 15-20 per year. Are there operational/system changes or capital improvements that can reduce the number of breaks in this pressure zone? ii. Observed high pressure areas(localized): As reported to the Council, some areas of town have been experiencing high water pressures at their home. While we have not had problems reported to us as a direct result from high pressures, street pressures over 100psi should be evaluated for pressure reduction options. iii. Identif�Capital Improvements for future watersystem planning: Identification of capital planning needs allows us to plan out improvements needed in the water distribution system where costs can be minimized. Examples of this are making water system improvements concurrent with scheduled street project improvements Based on their water distribution model analysis, the report identified the following improvements benefitting the system: A.Water Pumping Station 2: Provide variable frequency drives(VFD)to eliminate the pressure surges (spikes)in the distribution system. B.Water Pumping Station 3: Complete replacement of the pumps,motors and control valves, again utilizing VFD's. 128 CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION:NEW BUSINESS AND REPORTS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: CITY-WIDE WATER DISTRIBUTION MODEL BY: K.Hansen BY: UPDATE DATE: 12/5/2012 DATE: C.Water Storage Tank Rehabilitation: Based upon inspection reports conducted every five years, staff has this programmed for a 2015 project. This project was delayed as a partial rehab in 2010 as a cost saving measure when the interior/exterior would be required five years later. D.Zone modifications to lower localized system pressure: Creation of a third pressure zone in the distribution system to reduce pressures by approximately 15 psi. This would require retrofitting two abandoned PRV vaults and the addition of a third PRV vault, along with multiple valve closures and or additions. E. Pressure Reducing Valves (PRV)retrofitting: The condition of the piping in the PRV vault at Station 2 needs immediate attention. Additional valving should be installed and new piping placed in 2013 to eliminate the consequence of a failure—which is shutting down the water service to Crestview. F. Distribution System Improvements: a. Continuation of Water Main Cleaning and Lining Program b. Upsize the existing 6-inch main to 8-inch on 49h Avenue between Tyler and Fillmore Streets. C. Lining 39th Avenue and California Street. G.Interconnection with the City of Hilltop: As in the 1999 report, interconnection would improve circulation and water quality and also provide improvements for fire communities. Staff recommends accepting the report and beginning plan preparation of item E. Pressure Reducing Valves (PRV)retrofitting, described as item `E,' above and budgeted in the 2013 Water Capital Improvements Plan. Recommended Motion: Acceptance of Water Distribution report by Bolton& Menk dated December, 2012. Recommended Motion: Authorization for preparation of plans and specifications for the replacement of piping in the PRV vault and new mainline valving at Water Pumping Station 2. Attachment: Water Distribution Model Report COUNCIL ACTION 129 i Water Distribution System Model Update December 2012 City of Columbia Heights, Minnesota Bolton & Menk Project No. N21.105076 BOL—TON 8, M F==N v< , I NC. Consulting Engineers&Surveyors REPORT ON WATER DISTRIBUTION SYSTEM MODEL UPDATE CITY OF COLUMBIA HEIGHTS COLUMBIA HEIGHTS, MINNESOTA DECEMBER 2012 BMI Project No. N21.105076 I hereby certify that this plan, specification or 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. Signature: Typed or Printed Name: Douglas E Klamerus Date: December 6,2012 Lic.No. 40893 BOLTON&MENK, INC. CONSULTING ENGINEERS AND LAND SURVEYORS TABLE OF CONTENTS SECTION 1 EXECUTIVE SUMMARY..............................................................................................1 SECTION2 INTRODUCTION............................................................................................................2 SECTION 3 EXISTING FACILITIES.................................................................................................... A. Water Sources.............................................................................................................3 B. Service Zones..............................................................................................................3 C. Pump Stations.............................................................................................................3 D. Storage........................................................................................................................5 E. Distribution System....................................................................................................6 F. Pressure Reducing Valves (PRVs) .............................................................................6 SECTION 4 EXISTING WATER DEMANDS...................................................................................... A. Peaking Demand Factors............................................................................................7 B. Water Use Trends.......................................................................................................7 SECTION 5 ANALYSIS OF EXISTING DISTRIBUTION SYSTEMS............................................... A. Existing Water Pressures............................................................................................9 B. Pressure Transients...................................................................................................11 C. Existing Available Fire Flow....................................................................................l l D. ISO Report Review...................................................................................................12 E. Extended Period Simulations....................................................................................14 F. Pipe Velocities and Friction Losses..........................................................................14 SECTION 6 PROPOSED WATER SYSTEM IMPROVEMENTS ....................................................... A. Pump Stations...........................................................................................................15 1. Pump Station No. 2.............................................................................................15 2. Pump Station No. 3.............................................................................................15 B. Storage......................................................................................................................15 C. Pressure Zone Modifications....................................................................................15 1. Do Nothing.........................................................................................................16 2. City Installation of Individual PRVs ..................................................................16 3. Creation of Third Pressure Zone.........................................................................16 4. Creation of Fourth Pressure Zone.......................................................................16 D. PRV Station Repairs.................................................................................................17 E. Distribution System Improvements..........................................................................17 1. Continuation of Water Main Lining Program ....................................................17 2. Water Main Improvements.................................................................................17 Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report TOC- Pagel F. Interconnection with City of Hilltop.........................................................................18 SECTION 7 ANALYSIS OF PROPOSED WATER SYSTEM IMPROVEMENTS ............................ A. Proposed Water Pressure..........................................................................................20 B. Proposed Available Fire Flows.................................................................................20 SECTION 8 CONCLUSIONS AND RECOMMENDATIONS.........................................................23 LIST OF FIGURES Figure Follows Number Page 3-1 Existing Water Distribution System.............................................................. 3 5-1 Existing Average Day Pressure..................................................................... 9 5-2 Existing Maximum Day Available Fire Flow............................................... 12 6-1 Proposed Water Distribution System ............................................................ 18 7-1 Proposed Average Day Pressure.................................................................... 20 7-2 Proposed Maximum Day Available Fire Flows............................................ 21 Table Number Page 2.1 Existing Service Zones.................................................................................. 2 3.1 Existing Facilities System Pumps.................................................................. 5 3.2 Storage........................................................................................................... 5 4.1 Peaking Factors Used for Computer Modeling............................................. 7 4.2 Average Daily Water Use.............................................................................. 8 5.1 Recommended Residential Fire Flows.......................................................... 12 APPENDIXES Appendix A Hydrant Flow Test Results Appendix B ISP Report Appendix C Model Junction and Mode Data Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report TOC- Page 2 Section 1 - Executive Summary The Columbia Heights water distribution system was analyzed with respect to pressure, available fire flow and long term operation and maintenance. The existing computer model of the system was updated to include improvements completed over the past 13 years. Elevations were updated based on GIS contour data and demands were updated based on 2011 water billing data. Once the updates were completed,the computer model was calibrated by field hydrant flow testing, as well as installation of pressure data logging devices on the system. Because the City is fully developed, no consideration was given for future increased demands or future system expansion. System Pressure System pressure ranges from 42 psi to 111 psi throughout the City. Industry standards recommend a maximum pressure of 100 psi in the water distribution system, while the Minnesota State Plumbing Code recommends a maximum of 80 psi at individual water services. By implementing the following modifications to the City's pressure zones, pressures could be reduced below 100 psi in all portions of the distribution system: • Rehabilitate, and place back into service,existing pressure reducing valve stations that were previously abandoned. • Install individual pressure reducing valves on services with pressures in excess of 100 psi. Modifications to Pump Stations Pump Station No. 3 is scheduled for rehabilitation in the near future. The pumps are approximately 45 years old and are approaching the end of their useful service life. The electrical equipment has become outdated and should also be replaced in the near future. The pumps located in Pump Station No. 2 were replaced in 1993. This station is creating unexpected pressure "spikes" on the high pressure zone. These spikes were recorded on pressure data logging equipment. The spikes were found to correlate with the starting and stopping of the pumps at this station and are most likely a leading cause of water main breaks throughout the high pressure zone. Installation of Variable Frequency Drives (VFDs) are recommended at this location to better dampen the pressure spikes created during pump operations. Water Main Lining Program The water main lining program has been a very successful program with respect to water quality and improved hydraulics. The three primary areas of focus have been, and should remain, as follows: • Areas with unlined, cast iron main, • Areas with frequent water quality complaints, and • Areas with constricted or limited hydraulics(restricted fire flow). In addition to the cement mortar lining, structural lining technology can provide options for water main replacement,especially in water mains with significant history of water main breaks. Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report Page 1 Section 3 - Existing Facilities A. Water Source The primary water source for the City of Columbia Heights is through the MWW Hilltop Reservoir, of which Columbia Heights has purchased a share for their use. Water is gravity fed through a 24 inch water main that connects the reservoir from the east side of the City. Gravity feed from the Hilltop Reservoir provides ample pressure to supply the western half of the City directly. The eastern side of the City is "boosted"through pumps to provide an adequate service pressure. B. Service Zones The City is served by two pressure zones as shown in Figure 3-1. As discussed previously,the Low Zone (LZ)is generally located west of Central Avenue NE. Supply is provided by the Hilltop Reservoir through a gravity feed line which provides adequate pressure for its customers. The High Zone(HZ) is generally located east of Central Avenue NE and is also supplied by water from the Hilltop Reservoir through the same 24 inch water main. However,prior to entering the HZ distribution system, energy is added to the water through pumping to create additional service pressure. Once pumped, water is stored in an elevated water storage tank to create pressure to serve customers in the HZ. Service zone service details are shown in Table 2-1. In addition boundaries between the low and high zones, along with a water distribution system layout are shown in Figure 3-1. C. Pump Stations Pump station No 2 is located near the intersection of 44th Avenue and Leander Lane. The pump station consists of two horizontal split case pumps installed in 1993. Pumps are controlled by the elevation in the elevated water storage tank. When the water level drops below a pre-set level,a pump is turned on to fill the tower to a higher pre-set level. Pump station No 3 is located along Ivanhoe Place,just north of Maiden Lane. The pump station consists of two horizontal split case pumps installed in 1966. Pumps are controlled by the elevation in the elevated water storage tank. When the water level drops below a pre-set level,a pump is turned on to fill the tower to a higher pre-set level. In addition to being controlled by pre-set elevation,pumps stations are alternated on a weekly basis to keep pump operational hours even.Existing system pumps are shown in Table 3-1. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 3 Section 3 - Existing Facilities A. Water Source The primary water source for the City of Columbia Heights is through the MWW Hilltop Reservoir, of which Columbia Heights has purchased a share for their use. Water is gravity fed through a 24 inch water main that connects the reservoir from the east side of the City. Gravity feed from the Hilltop Reservoir provides ample pressure to supply the western half of the City directly. The eastern side of the City is "boosted"through pumps to provide an adequate service pressure. B. Service Zones The City is served by two pressure zones as shown in Figure 3-1. As discussed previously,the Low Zone (LZ) is generally located west of Central Avenue NE. Supply is provided by the Hilltop Reservoir through a gravity feed line which provides adequate pressure for its customers. The High Zone(HZ) is generally located east of Central Avenue NE and is also supplied by water from the Hilltop Reservoir through the same 24 inch water main. However, prior to entering the HZ distribution system, energy is added to the water through pumping to create additional service pressure. Once pumped,water is stored in an elevated water storage tank to create pressure to serve customers in the HZ. Service zone service details are shown in Table 2-1. In addition boundaries between the low and high zones, along with a water distribution system layout are shown in Figure 3-1. C. Pump Stations Pump station No 2 is located near the intersection of 44t'Avenue and Leander Lane. The pump station consists of two horizontal split case pumps installed in 1993. Pumps are controlled by the elevation in the elevated water storage tank. When the water level drops below a pre-set level, a pump is turned on to fill the tower to a higher pre-set level. Pump station No 3 is located along Ivanhoe Place,just north of Maiden Lane. The pump station consists of two horizontal split case pumps installed in 1966. Pumps are controlled by the elevation in the elevated water storage tank. When the water level drops below a pre-set level,a pump is turned on to fill the tower to a higher pre-set level. In addition to being controlled by pre-set elevation, pumps stations are alternated on a weekly basis to keep pump operational hours even.Existing system pumps are shown in Table 3-1. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 3 C ` - _ r - v r� _ ! I —n I �4 , fl - .Fridley-, . 11 ��H�tr�r r� l -i — — — ` f , . � f r . Pic g • _ H _ few r. ,fv+1'N"4 - ! Columbia 1 !;Heights } -- ILL , Iry — ! r1ii c.III _ { ue ,� pfrt h_ _ — ��rl�n�rarl ' i LMOU �I CO s 3 rl ■�,''sit# t 4 T X11 S� rwli.(tl�lx�l7iti�traa�]IrrinrrrtflrrYr� � ,! -_�. �� �'�}`. p. . Winne m r �in a d Table 3-1 Existing Facilities System Pumps Pumping Pumping Capacity Capacity Facility Name (gpm) (MGD) Pump#1, Pump Station No. 2 1500 2.16 Pump#2, Pump Station No. 2 1500 2.16 Pump#1, Pump Station No. 3 1500 2.16 Pump#2, Pump Station No. 3 1500 2.16 Total Capacity 6000 8.64 Firm Capacity* 4500 6.48 * Firm capacity is defined as the pumping capacity excluding the largest pump. Therefore, only three 1,500 gpm pumps may be available when one is out of service. A Storage The primary source of supply for the City is from the MWW Hilltop Reservoir, a 40 million gallon (MG) ground storage facility located just east of Stinson Blvd on the east side of the City. The Hilltop Reservoir provides water storage for the entire system, while providing the primary feed point for the LZ. In addition to the Hilltop Reservoir, the City has one other water storage facility. The HZ includes a 0.25 MG elevated water storage tank located near Pump Station No. 3. Storage facilities are shown in Table 3-2. Table 3-2 Storage Overflow Style of Capacity Facility Name Location Elevation Storage (MG) Hilltop Reservoir Stinson Boulevard and Below (MWW) 5th Street NW 363.75 Ground 40.0 Elevated Water Single Tank 4633 Stinson Boulevard 464.0 Pedestal 0.25 Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report Page 5 E. Distribution System The Columbia Heights water system is comprised of water mains ranging in size from 4 inches to 24 inches in diameter. The Low Zone(LZ)service area is supplied with a 24 inch gravity feed line from the Hilltop Reservoir that connects directly to the distribution system. The capacity of this gravity feed from the MWW systems is sufficient to meet the long term needs of the City. Supply to the High Zone(HZ) service area is provided from two pump stations located in the eastern half of the City. Both pump stations pump from the 24 inch gravity feed line to the HZ distribution side which in turn fills the elevated water storage tank. Mains that are 10 inches and larger are considered trunk mains for this size of distribution system. When possible, all mains should be built in loops. A dead end main without enough connected demand will require frequent flushing to reduce water stagnation problems. This problem is especially true for trunk mains because of the larger volume of water stored. The existing system has several dead end pipe segments in cul-de-sacs and other areas where access limits looping. Looping of water mains also helps provide for uninterrupted service to most of the system customers when one pipe segment is shut down for repairs. With a looped system only an isolated section of the system will be out of service instead of an entire neighborhood or commercial area.Looping also provides for substantial flow increases during a fire demand as the demand at the location of the fire can be met from more than one direction in the system. The existing water main size and layout was previously shown in Figure 3-1. F. Pressure Reducing Valves (PRVs) PRVs basic function is to reduce pressure to maintain maximum pressures within in defined range. Pressures can be adjusted up or down depending on desired pressures as well as other flow conditions. Other flow conditions that may be desired by system operators include: • Maintaining emergency fire flow • Increasing flow of water between zones for improved water quality While PRVs can have multiple functions,they are primarily used in Columbia Heights for providing emergency fire flow to the LZ,while maintaining a set pressure point. In the event an emergency on the LZ, such as a fire event,water will begin to be withdrawn at a higher rate than the LZ distribution mains can provide. In this event,when the PRV reaches minimum pressure set point on the LZ side of the PRV, the PRV will automatically open to provide additional flow to maintain the minimum pressure setting. There are currently two functioning PRVs in the water distribution system as shown on Figure 3-1. The northern most PRV is located on the east side of Central Avenue between 50th Street and 51St Court. The second PRV is just east of Central Avenue along 39th Street. In addition to the two functioning PRVs,there are also two abandoned PRVs in the system currently in the default open position. These PRVs have been non functional for many years and are both located in the existing HZ. The first PRV station is just west of Pump Station No.2, along a 16 inch water main. The existing piping in the PRV vault is in significantly deteriorated condition and should be addressed soon. If the piping were to rupture, service to the Crestview Lutheran Home would be impacted until the repairs could be completed. The second PRV that is abandoned is located along Fairway Drive just west of West Upland Crest. Columbia Heights,MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 6 Section 4 - Existing Water Demands A. Peaking Demand Factors Peaking factors are ratios to the average day(AD) demand rate that are used for computer modeling and for future demand projection. The peak modeled demand represents the highest demand conditions a system experiences with the exception emergency flows such as those during a fire event or a water main break. Typical maximum day(MD)peaking factors range from 2.0 to 3.0. Larger systems or those with lower residential sprinkling demands generally have lower maximum day peaking factors. Predominantly residential municipalities,with new lawns, generally have a higher peaking factor due to sprinkling demands to establish larger turf areas. For Columbia Heights, MD demand is assumed to be approximately 2.0, rather low as compared to most metropolitan communities,but very similar for comparable communities. This low peaking factor is representative of a mature community,with significant tree cover on residential lots resulting in fairly low sprinkling demands. Another demand rate used for analysis purposes is the peak hour. Typical peak hour(PH)peaking factors range from 3.2 to nearly 7.0 Peaking factors used in the model are listed in Table 4-1. A PH factor of 3.2 was used for this study,which is a 60% increase over maximum day demands. This level is estimated, since hourly demand data is not available. Table 4-1 Peaking Factors Used for Com uter Modeling Peaking Demand Condition Factor 2011 Demand(MGD) Average Day(AD) 1.0 1.76 Maximum Da (MD) 2.0 3.52 Peak Hour(PH) 3.2 5.63 B. Water Use Trends Water use has been relatively stable for Columbia Heights for many years due it's full build out and relatively minor changes in water use trends. Some redevelopment has occurred during the last 10 years, but changes in overall water use are relatively unchanged. It is normal for annual water use to vary on a year by year basis as annual weather patterns can vary from year to year. For example years where more precipitation occurs generally result in less water use as summer irrigation water use is reduced. Average daily water demand for the past five years is shown in Table 4-2. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 7 Table 4-2 Average Daily Water Use 2007-2011 Average Daily Water Use Year (MGD) 2007 1.78 2008 1.66 2009 1.64 2010 1.57 2011 1.76 Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report Page 8 Section 5 - Analysis of Existing Distribution Systems A. Existing Water Pressure Average Day(AD)pressures are depicted by pressure districts in Figure 2. The existing system pressures for an AD demand scenario range from 42 to 111 psi. These pressures meet industry standards for the low pressure range, but exceed pressures on the higher end of the range. According to Ten States Standards for Water Works(2012),an industry standard that the Minnesota Department of Health has adopted, pressures in the system should meet the following: "The minimum working pressure in the distribution system should be 35 psi(240 kPa)and the normal working pressure should be approximately 60 to 80 psi(410- 550 kPa). When static pressures exceed 100 psi(690 kPa),pressure reducing devices shall be provided on mains or as part of the meter setting on individual service lines in the distribution system. " This industry standard is generally used as a guide in the design of drinking water systems but is not required per MDH. However,the Minnesota State Plumbing Code states the following: "When street main pressure exceeds 80 psi, an approved pressure reducing valve shall be installed in the water service pipe near its entrance to the building to reduce water pressure to 80 psi or lower. Where street water main pressures fluctuate significantly,the building water distribution system shall be so designed for the minimum pressure available." According to this code,there are a significant number of customers that would be affected by this law. Typically,this pressure reduction is required by the end user. While municipal water systems are designed for pressure much greater than 100 psi, system operators typically try to maintain a maximum pressure in the system of 100 psi or less. Many systems with significant topographical relief would require multiple zone boundaries to maintain a minimum of 35 psi and maximum of 100 psi. With added zones there are additional pressure reduction facilities and greater operational expenses. In addition, mature systems that have operated within these pressure ranges for many years generally result in more system dead ends due to valve closures than newly planned system expansions. The result of these system dead ends can be negative impacts to water quality such as high water residence times(water age). Increased water age increases the potential for low chlorine residual, increase tuberculation and the formation of disinfectant byproducts(THMS and HAAS).In addition, system dead ends reduce water main looping which decreases localized available fire flows. While the City of Columbia Heights may desire to investigate the possibility of additional pressure reduction benefits,the City would certainly not be the only community in Minnesota to exceed a maximum pressure designation. Average day pressures for the City of Columbia Heights are shown in Figure 5-1 Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 9 Section 5 - Analysis of Existing Distribution Systems A. Existing Water Pressure Average Day(AD)pressures are depicted by pressure districts in Figure 2. The existing system pressures for an AD demand scenario range from 42 to 111 psi. These pressures meet industry standards for the low pressure range,but exceed pressures on the higher end of the range. According to Ten States Standards for Water Works(2012),an industry standard that the Minnesota Department of Health has adopted,pressures in the system should meet the following: "The minimum working pressure in the distribution system should be 35 psi(240 kPa)and the normal working pressure should be approximately 60 to 80 psi(410- 550 kPa). When static pressures exceed 100 psi(690 kPa),pressure reducing devices shall be provided on mains or as part of the meter setting on individual service lines in the distribution system. " This industry standard is generally used as a guide in the design of drinking water systems but is not required per MDH. However,the Minnesota State Plumbing Code states the following: "When street main pressure exceeds 80 psi, an approved pressure reducing valve shall be installed in the water service pipe near its entrance to the building to reduce water pressure to 80 psi or lower. Where street water main pressures fluctuate significantly,the building water distribution system shall be so designed for the minimum pressure available." According to this code,there are a significant number of customers that would be affected by this law. Typically,this pressure reduction is required by the end user. While municipal water systems are designed for pressure much greater than 100 psi, system operators typically try to maintain a maximum pressure in the system of 100 psi or less. Many systems with significant topographical relief would require multiple zone boundaries to maintain a minimum of 35 psi and maximum of 100 psi. With added zones there are additional pressure reduction facilities and greater operational expenses. In addition, mature systems that have operated within these pressure ranges for many years generally result in more system dead ends due to valve closures than newly planned system expansions. The result of these system dead ends can be negative impacts to water quality such as high water residence times(water age). Increased water age increases the potential for low chlorine residual, increase tuberculation and the formation of disinfectant byproducts(THMS and HAAS). In addition, system dead ends reduce water main looping which decreases localized available fire flows. While the City of Columbia Heights may desire to investigate the possibility of additional pressure reduction benefits,the City would certainly not be the only community in Minnesota to exceed a maximum pressure designation. Average day pressures for the City of Columbia Heights are shown in Figure 5-1 Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 9 .s'` � �. � a � � :r ��*- rr' .� k .� 3 --�X -' 4 ter• ` s' c �t Ime�oe� �. �. .._ ?:;� tae• r` � �,',�r rJ g 1 ; Lake If • , R - I r ti t G�olumbia � tn �` �� f Heights ji I� CD ir IVA K dr L N t mot' W (!t � (#j g &-���A s 1 i ,�3 r r-i:.J '� I f`r P� •- t ter.� :• � r ? .'� "+ 7 10 ,r I� t�'`�; i°•_, U-'i "cc; �c '"St,",L t'r°"vS`e ,r x t t7 n+x. Y t r ^r t.a $ is i^ i N •�. R t tY � 4-..�e '� ?Y ', `fir, 4 �� � I , Minneapolis c-o r ,qeC �s'�x• , � � c S,-x t�t,�.2 �. � j-8 � s ^' � � � a����� i � r� Yr.- a s I+ rr.•r: S '� ';� �, rN���l� P 'r.`� r y � .t,a 'f�.;, b S ••,�,�.,5y,�1,.Rb`� r � .a.. (0 [0 p B. Pressure Transients The City of Columbia Heights has had a significant number of water main breaks throughout the years. While there are many factors that can cause water main failures,one such event is the potential occurrence of water transients, also known as"water hammer". During the analysis of the City's distribution system, a pressure logger device was installed at several locations of the HZ to determine if water transient events were measurable in the system which could be adding to these events. Data loggers were installed at fire hydrants at the following locations in the system: • 4554 Taylor Street • 1330 43rd Avenue • 180140 Avenue • 220445 1h Avenue Pressure data points were gathered at a frequency of 10 second intervals for up to 5 days at a time. At the end of each period,the data was analyzed to determine if pressure transient waves were recorded. At all five locations,data monitoring indicated that significant pressure transient waves were recorded during the operation of Pump Station#2. To analyze the pressure recordings in greater detail, data logger recordings were reset to gather data at a frequency of 10 data points per second and the two pump stations were turned on and off to verify the cause of pressure"spikes". The results indicated a clear correlation between a high pressure spike during pump"on", followed by a low pressure spike during pump shut down. The magnitude of these spikes ranged from an increase of approximately 10 psi during pump "on"to a drop of approximately 24 psi during pump shut down, resulting in an overall pressure range of 34 psi. This cyclical pressure variation can result in added stress on the existing system and may contribute too water main breaks throughout the HZ. While water main breaks also occur in the LZ,the frequency in breaks in the HZ appears to indicate that the changes in pumping conditions likely contribute to the number of breaks. Other contributing cases of water main breaks include corrosive soils, pipe material and age. Pressure data from the equipment installed in the field is included in the Appendix. C. Existing Available Fire Flow The modeled fire flows were run up to a maximum of 3,500 gpm. The computer model indicates that higher flows are available in some areas,but at some point they become unrealistic because there are not enough hydrants or fire equipment to deliver such high rates. The minimum fire flow available at any given point in a system should not be less than 500 gpm at a residual pressure of 20 psi.This represents the amount of water required to provide for two standard hose streams on a fire in a typical residential area for residential dwellings with spacing between 31 to 100 feet. The distance between buildings and the corresponding fire flow is summarized in Table 5-1. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 11 Table 5-1 Recommended Residential Fire Flows Needed Fire Flow Distance Between Buildings(Feet) (g m) More than 100 500 31-100 750 11-30 1000 Less than 11 1500 The computed fire flows for the current distribution system are represented in Figure 5-1. They are represented by fire flow districts in gallons per minute. Modeled available fire flows were compared to Insurance Services Office(ISO)to verify that available fire flows measured by the last ISO test(conducted in February, 2009)were verified. Low available fire flows were measured in 2009 at the following locations: • 41"and LaBelle Park • 491h Avenue and Fillmore Street • 49`h Avenue and Jackson Street • 51"Avenue and 6`h Street D. ISO Report Review The ISO report,previously discussed was last completed in 2009. The purpose of ISO is to review fire protection systems for various municipalities to assist insurance companies set rates for various commercial customers. The rating is based on a scale of one through ten with a rating of one being the best. The ISO rating is comprised of three categories for which individual scores are assigned. The following categories,with assigned scores to Columbia Heights are as follows: • Receiving and Handling Alarms: CLASS 2 • Fire Department: CLASS 5 • Water Supply: CLASS 1 Overall,the City of Columbia Heights ranked a CLASS 4,a very good score for most communities. While there are improvements that could be made to the overall system,the water supply system currently maximizes its score class. This represents an excellent system as far as water supply,hydrant spacing and location and good maintenance of the system. Minimal changes should be made to the system from an ISO standpoint. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 12 4 i llu i M i i r , it ,xY -t J Fridley__ f{ � �,rA • x F r 1 • , �� Columbia �wK • fit tli� is JP ID C Ir 1 v �i fr 6 '3 C� 1 �1�y11r"f(Lf►7fy�r7el�fBY�f� 16 N rr 'fit t� r __ n, Minneapo l'is , ,� r «. m n6 O -- E. Extended Period Simulations An extended period simulation(EPS)was setup in the model to check the system operation during several days of maximum day demands. The primary purpose of this simulation was to check for cumulative system imbalances that are not evident in standard simulations. Tower and system supply placement and the sizes of distribution system pipe may contribute to imbalances. They also contribute to a reduced storage replenishment rate and the ability to refill the towers at night during low demand periods. Based on the layout of the Columbia Heights system,the potential for system imbalance is minimal. This is primarily due to the fact that there is only one elevated water storage tank for the system. Without system imbalance,the layout of pumping station and size of distribution mains appears adequate. F. Pipe Velocities and Friction Losses Pipe segments are considered potentially deficient, or most-limiting, if they have the following conditions: • Velocities greater than 5 ft/s; and • Head losses greater than 10 ft/1000 ft. Velocities in pipe segments are acceptable up to about 10 ft/s during emergency or extreme demand conditions of short duration.As velocities increase,pipe friction increases and problems with water hammer occur. This is especially true in systems with higher pressures. We have checked the system for locations where velocities and head losses meet the above stated conditions.There are several locations where pipe velocities exceed 5 ft/s.The majority of these locations are near the pump stations as the high service pumps are operating at peak capacity. In addition, several locations throughout the distribution system where inconsistent sizing and/or looping create bottlenecks were also apparent.These bottlenecks can also result in head losses greater than 10 ft/1000 ft. While evident in the system,there are no major deficiencies that require modifications. Examples of these minor bottlenecks include: • Jefferson Street between 46th Avenue and 46 1/2 Avenue • Pierce Terrace between Buchanan Place and Lincoln Terrace • Innsbruck Parkway between Pennine Pass and Ranier Pass • 43rd Avenue approximately 300 ft. East of Central Avenue • 45th Avenue and Stinson Blvd. between Heights Drive and 8' main Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 14 Section 6 - Proposed Water System Improvements A. Pump Stations The system could benefit from modifications at both pumping stations. The following items are recommended for each of the existing pumping stations Pump Station No.2 Pump Station No.2 was rehabilitated last in 1996. While modifications included new pumps, check valves, piping and electrical equipment,the pressure spikes as discussed in Section 5.13 are a significant concern. To aid eliminate the pressure spikes,the variable frequency drives(VFDs) should be added to the facility. The addition of VFDs will result in the ability of the system to provide maximum control over the start up and shut down speed of the pumps. By slowly ramping up the speed over a longer period of time,the high pressure spike can be minimized. Likewise, on pump shutdown, slowing the pump down over time instead of abruptly stopping the pump,which results in a back surge of water and a low pressure spike can minimize the downside. In addition,during future rehabilitation of the elevated water storage tank,the VFDs may be able to be operated such that water will not be required to be discharged to the atmosphere to maintain a set pressure in the system. Therefore,this could result in water savings during rehabilitation of the tank. A preliminary budgetary cost for installation of VFDs for Pump Station No. 2 is $20,000—$30,000. Pump Station No.3 Pumps for Pump Station No. 3 were installed in 1966. The pumps, check valves,miscellaneous piping and electrical equipment should be planned for replacement. In addition to replacement of the equipment listed above,VFDs should be installed on the system for control purposes. Prior to design for the rehabilitation,a detailed feasibility report should be conducted. A preliminary budgetary cost for rehabilitation of Pump Station No.3 is$115,000- $150,000. B. Storage The elevated water storage tank for the system of Columbia Heights, while structurally sound,will require significant modifications in the coming years. Overall modifications may be required to the hand rail, ladders and access. In addition,a complete replacement of the coating system should be included. The City has currently budgeted for this project to be completed in 2015. A preliminary budgetary cost of $500,000-$550,000 should be planned for this project. C. Pressure Zone Modifications As discussed in Section 5.A, pressures throughout various portions of the City's water distribution are in excess of 80 psi. Nearly 3,200 properties out of nearly 8,000 parcels are affected. In addition,363 parcels are receive pressure in excess of 100 psi. While not all communities in Minnesota conform to the previously discussed pressure standards,the City has several options at reduction of these pressures. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 15 Do Nothing The system has operated with the pressures since the system was set up into the two existing pressure zones. There are many communities throughout Minnesota that provide pressure in excess of 100 psi. Some of these systems provide pressure in excess of 150 psi. While the majority of customers in Columbia Heights do not complain about excessive pressure there are some customers that are concerned. While excessive pressure may contribute to breaks in the main line, individual customers can reduce pressure at their service with the installation in individual service PRVs. Under this option, customer(s)could install these individual PRVs at an estimated cost of$350-450 for each installation. City Installation of Individual PRVs The City could install individual PRVs on each customer at an agreed upon pressure set point. If the City were to install individual PRVs at an estimated cost of$350 per installation, the project is estimated to cost$1,105,300. While the capital cost is significant,another concern for this option would be the long term maintenance of the PRVs. The location of the PRVs would make access difficult and is not a service that most municipal systems provide. This option is not recommended. Creation of Third Pressure Zone A third option is to create an intermediate pressure zone. The two existing PRV vaults that have been abandoned could be rehabilitated to be reusable PRVs. A reduction in pressure of approximately 15 psi would reduce pressures throughout the northern half of the HPZ to below 100 psi, or greater if desired by the City. In addition to reinstalling PRVs at the two abandoned PRV vaults, a third PRV vault should be installed near the intersection of Johnson Street and Reservoir Boulevard. While this option could minimize areas that are experiencing pressure in excess of 100 psi,there would still be isolated areas along 40th Avenue between Central Avenue and Reservoir Boulevard and along 37th Avenue between Central Avenue and Buchanan Street. In addition to installing PRVs on the distribution system, several valves would require closure to isolate the pressure zone boundary. The result of these system dead ends can be negative impacts to water quality such as high water residence times (water age). Increased water age increases the potential for low chlorine residual, increase tuberculation and the formation of disinfectant byproducts(THMs and HAAs). A preliminary budgetary cost of$150,000- $200,000 should be planned for this project. Creation of Fourth Pressure Zone The area along 37th Avenue and Reservoir Boulevard is likely to be cost prohibitive to create a fourth pressure zone. Two options could be considered by the City to reduce customer pressures. The first would be to provide individual PRVs for customers to install. Again, it is not recommended that the City install these devices. Second,the customers could be switched to the low zone,effectively reducing their pressure by approximately 45 psi. The Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report Page 16 resulting service pressures would be in the range of 55 to 60 psi,within the normal service pressure according to industry standards. A PRV Station Repairs As previously discussed,the PRV station near Pump Station No.2 has undergone significant deterioration. Replacement of piping and valves should be completed in the near future to avoid the potential for service disruption in the event of piping rupture. A feasibility report should be completed to analyze the piping layout and phasing of the project to minimize disruption in service to Crestview Lutheran Home. The previous option to create an intermediate pressure zone included the rehabilitation of this pressure zone, but included a new PRV. If the station is rehabilitated without creating a new intermediate pressure zone,the PRV could be eliminated and replaced with flanged piping to replace the existing water main connection. A preliminary budgetary cost of$50,000 - $75,000 should be planned for the replacement of this PRV station. E. Distribution System Improvements Continuation of Water Main Lining Program The water main lining program started approximately 7years ago has been very successful. Initially started as a way to improve water quality in the distribution system, it has expanded in its' ability to provide structural lining repairs as needed to assist in savings for complete street reconstruction. Many of the water mains in Columbia Heights were constructed of unlined cast iron. Over time,this material undergoes nitrification on the interior of the piping resulting in tuberculation of rust formation. As water velocity changes throughout the system,this rust can break apart and suspend in the water resulting in red water complaints. These complaints are generally associated with aesthetic nuisances such as staining of laundry,taste, odor or off color water. Over the years, changes in water chemistry from MWW has improved the water corrosivity to form this tuberculation. In addition,the program undertaken by the City has had major improvements by focusing on areas with the most frequent complaints. The resulting newly lined mains if improved water quality,and more importantly, improved system hydraulics that increase the available fire flow in what were some of the most constricted water mains in the system. This program should be continued to be funded with a focus on areas where unlined cast iron water mains are located. Water Main Improvements While not of primary importance, several improvements to water main could provide improvements to the distribution system performance. To improve local available fire flows, the following improvements should be considered for the future: • Upgrade existing 6 inch main to an 8 inch main along 49th Avenue between Tyler Street and Fillmore Street. • Investigate water main lining in the area of 39th Avenue and California Street. During calibration of the model, significant red water was flushed from hydrants located along Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 17 California Street. In addition, low available fire flows indicate severe localized tuberculation in the mains delivering water to the area. F. Interconnection with City of Hilltop In the previous water distribution study completed in 1999, an interconnection with the City of Hilltop was investigated. 8 inch interconnections near the intersections of 45th Avenue and Central Avenue,491h Avenue and Central Avenue, 46 'h Avenue and Monroe Street and at the midblock of Monroe Street and 47 %and 48th Avenues. Primary benefits of this interconnect could be to improve the duration and available fire flow for both communities. The existing small volume elevated water tower for Hilltop has a very limited volume from which to supply a long term volume of fire fighting supply. In addition,the existing number of dead ends in the system reduces the available capacity for delivery at the end points. By looping with the City of Columbia Heights, overall emergency service could be improved. Likewise,the City of Columbia Heights could increase available fire flow, especially in the area east of McKenna Park. According to maximum day available fire flows in Figure 5-2,the majority of this area experiences available flows in the range of 1,000 to 2,000 gpm at a residual pressure of 20 psi. While this is adequate to likely meet the minimum fire flow requirements, improvements could benefit a large fire event. Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report page 18 area It z =Segal all a k _ /- �— iR ® ------- -- J, ®� III li 1� .'III1i d r A• I°8—�i —�. �ii 1� r. ,¢ �� _ i®t eri ®_.i•� �AAIIdI� +;•7 i — qll k • `� !, - �=:�,' —_ ®=..�_ �I I I_ ��i;:�o -� ■R�liflllll fllldRil , i—Cis ��i— ��'14111111/ iNfili•�'` _ ...�il— a °:®owl ME I MIN ®■ ��''_ '° rl ®� ®�i.v °:.�_!wit • • o111i6i111111ly r�® �_ _— = �= ® • fillliilllldiiil o.. ICM On �1l �i= ,�_ t.l ®�— -i ° -_s ®ilNilllllllfillilli 1, i — ISM _ i '—' _ _tom � r � —/� �i— ■ sis I ® { �� �iiil®iY No d®IL_-IIIIIURi111ili1Oi 111 i i�ddi�i!lliilliipi! se rm M�alnnfnl �� MM i iii — • �,. ','� .� ,� ■I�i s ®loi�'i� ! �1811 11111 iilillll llilflll — � rr,S iiO� _ HOME CM 47, 23' r t `•<• ;p a Section 7 - Analysis of Proposed Water System Improvements A. Proposed Water Pressure The future average day pressures are very similar to the peak hour pressures. The attached Figure 7-1, shows the inclusion of proposed Intermediate Pressure Zone. As compared to Figure 5-1,the area east of Hilltop will have pressures reduced below 100 psi. B Proposed Available Fire Flows The future available fire flows are represented in Figure 7-2. These flows represent the future expected available fire flows with all recommended system improvements. Columbia Heights, MN—N21.105076 Prepared by: Bolton & Menk, Inc. Water Distribution System Report Page 20 h; MUM �._ 1w I E�4 ----Fridley _ — C = i d �[Utop — C N _ s f' f Il 5 4 c •° lit, - Columbia. JV r . I I _ , I � � 1 e , I ' I C ti r' I - F11 j �_Z � -Min n ,apolis _ m � x s r r , .1h4rarr r Lak IT tit._moo- —Fridley �� 3 + v -, - Hillto , Columbia g _ C - f ` n i tf a� 10 I ,s '� ' ,- '-yi, Minneapolis T'tI '� y{ n ✓p iQ Section 8 - Conclusions and Recommendations The water model constructed as part of this report is a valuable tool to analyze potential impacts to the system. While normally used to analyze impacts to hydraulics such as water main replacement,there are many uses of a calibrated water distribution model such as analysis of water quality(chlorine residual)as well as development of unidirectional flushing plans. It is recommended to update the model as modifications are made to the system. In addition, we recommend that the City complete a system analysis approximately every 10 years. Columbia Heights, MN—N21.105076 Prepared by: Bolton& Menk, Inc. Water Distribution System Report Page 23 APPENDIX A Hydrant Flow Test Results Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 7:35 AM No 1 Karl, City Weather: 64 Cloudy Pressure Hydrant Location Innsbruck Cir& Innsbruck Pkwy W Static Pressure 73 psi M Residual Pressure 60 Flow Hydrant Flow Hydrant Location Innsbruck Cir cul-de-sac Static Pressure 73 psi Nozzle Size 21/2 inches Pitot Pressure 47.5 psi Measured Flow 1160 gpm System Operation Information Water Tower Level: 1 24.0 Ifeet Pumpstation No.1 I OFF Igpm JPumpstation No. 2 OFF gpm Map 1 Flow Available at 20 psi: 2500 gpm /V �L.IV ud A5 Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 8:04 AM No 2 Karl,City Weather: 64 Cloudy Pressure Hydrant Location 51st Avenue &4th Street Static Pressure 91 psi .�� NO � � 4t �t Residual Pressure 64 psi Flow Hydrant Flow Hydrant Location 52nd Avenue&4th Street Static Pressure 93 psi Nozzle Size 2 112 inches Pitot Pressure 12.5 psi � �� � �� � � Measured Flow 590 gpm � � � � System Operation Information Water Tower Level: NA Ifeet Pumpstation No.1 I NA Igpm JPumpstation No. 2 1 NA Igpm Map Al Flow Available at 20 psi: 1000 gpm Flow, Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie,City Time: 8:21 AM No 3 Karl,City Weather: 64 Cloudy Pressure Hydrant Location 50th Ave&Jefferson St Static Pressure 75 psi Residual Pressure 51 psi Flow Hydrant Flow Hydrant Location 49th Ave&Jefferson St Static Pressure 75 psi . L Nozzle Size 2 1/2 inches Pitot Pressure 37.5 psi Measured Flow 1030 gpm , System Operation Information Water Tower Level: NA feet Pumpstation No.1 NA gpm Pumpstation No. 2 1 NA Igpm North PRV psi South PRV I I psi Map I I ow Available at 20 psi: 1600 gpm Sv ,�srwc? ouj Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie,City Time: 8:50 AM No 4 Karl,City Weather: 66 Cloudy Pressure Hydrant Location 43rd Ave & Madison St o Static Pressure 69 psi w �� Q, Residual Pressure 64 psi h 5 Flow Hydrant Flow Hydrant Location 44th Ave& Madison St Static Pressure 70 psi Nozzle Size 2 1/2 inches Pitot Pressure 55 psi t Measured Flow 1250 gpm F° System Operation Information Water Tower Level: I NA Ifeet Pumpstation No.1 I NA Igpm 1pumpstation No. 2 NA Igpm Map J ow Available at 20 psi: 4300 gpm A, AL&I-C IS") J Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 9:08 AM No 5 Karl, City Weather: 164 Cloudy Pressure Hydrant Location 42nd Ave& Main St Static Pressure 78 psis .. Residual Pressure 74 psi m Flow Hydrant Flow Hydrant Location 43rd Ave& Main St Static Pressure 86 psi T Nozzle Size 21/2 inches Pitot Pressure 26 psi Measured Flow 856 gpm System Operation Information Water Tower Level: I NA feet Pumpstation No.1 I NA Igpm I Pumpstation No. 2 NA Igp m Map A Flow Available at 20 psi: 3600 gpm l if' _ 43y 14,,eA,1` : , �5 I` Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 10:05 AM No 6 Karl, City Weather: 64 Cloudy Pressure Hydrant iLocation Gould Ave &Alley before Reservoir Blvd Static Pressure 86 Residual Pressure 70 ISE, Flow Hydrant Flow Hydrant Location Gould Ave& Peters P1 Static Pressure 98 psi Nozzle Size 21/2 inches Pitot Pressure 62.5 psi Measured Flow 1325 gpm System Operation Information Water Tower Level: 1 24.7 Ifeet I JPumpstation No.1 I OFF Igpm JPumpstation No. 2- 1 OFF JgpM Map 'Al Flow Available at 20 psi: 2800 gpm 0a J Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 10:24 AM No 7 Karl, City Weather: 66 Cloudy Pressure Hydrant Location 39th Ave& McKinley St Static Pressure 95 psi h ` Residual Pressure 76 1 psi Flow Hydrant Flow Hydrant Location 39 1/2& McKinley St Static Pressure 96 psi ° Nozzle Size 21/2 inches y Pitot Pressure 62.5 psi Measured Flow 1325 gpm System Operation Information Water Tower Level: 1 22.9 feet Pumpstation No.1 I OFF Igpm JPumpstation No. 2 OFF gpm Map Flow Available at 20 psi: 2800 gpm r Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 10:45 AM No 8 Karl, City Weather: 66 Cloudy Pressure Hydrant Location 47th Ave&Johnson St Static Pressure 68 psis moo- g :.a Residual Pressure 55 psi . .. ter. Flow Hydrant Flow Hydrant Location 1444 47th Ave Static Pressure 72 psi Nozzle Size 2 1/2 inches Pitot Pressure 52.5 psi Measured Flow 1220 gpm System Operation Information Water Tower Level: 1 25.6 feet Pumpstation No.1 I OFF Igpm JPumpstation No. 2 1 1,232 Igpm Map r Flow Available at 20 psi: 2500 gpm ✓V )C'!OU� s Hydrant Flow Testing Columbia Heights, MN BMI Project No. N21.105076 Utility Hydrant Flow Test Test Witnessed By: Doug Klamerus Date: 8/8/2012 Test Lonnie, City Time: 11:23 AM No 9 Karl,City Weather: 66 Cloudy Pressure Hydrant Location California St&39th Ave Static Pressure 79 psi Residual Pressure 21 psis Flow Hydrant Flow Hydrant Location California St cul-de-sac Static Pressure 76 psi c ' Nozzle Size 2 1/2 inches ; Pitot Pressure 15 psi � y k Measured Flow 650 gpm System Operation Information Water Tower Level: I NA Ifeet Pumpstation No.1 I NA Igpm JPumpstation No. 2 NA Jgpm Map 1 Flow Available at 20 psi: 700 gpm Li e- C3 APPENDIX B ISP Report • i Public Protection Classification Summary Report • a x. �, � 1� � ♦ tea i - • • • • i . i • • • • • • • • • • Public Protection Gassifica#ion(PKI Program PUBLIC PROTECTION SUMMARY REPORT Columbia Heights Minnesota Prepared by Insurance Services Office, Inc. 111 North Canal Street, Suite 950 Chicago, Illinois 60606-7270 (312) 930-0070 February 5, 2009 ©ISO Properties,Inc.,2007 Background Information Introduction ISO collects and evaluates information from communities in the United States on their structure fire suppression capabilities. We analyze the data using our Fire Suppression Rating Schedule (FSRST^") and then assign a Public Protection Classification (PPCTm) number to the community. The surreys are conducted whenever it appears that there is a possibility of a classification change. As such, the PPC program provides important, up-to- date information about fire protection services throughout the country. A community's investment in fire mitigation is a proven and reliable predictor of future fire losses. Statistical data on insurance losses bears out the relationship between excellent fire protection — as measured by the PPC program — and low fire losses. So, insurance companies use PPC information for marketing, underwriting, and to help establish fair premiums for homeowners and commercial fire insurance. In general, the price of fire insurance in a community with a good PPC is substantially lower than in a community with a poor PPC,assuming all other factors are equal. ISO is an independent company that serves insurance companies, communities, fire departments, insurance regulators, and others by providing information about risk. ISO's expert staff collects information about municipal fire suppression efforts in communities throughout the United States. In each of those communities, ISO analyzes the relevant data and assigns a Public Protection Classification—a number from 1 to 10. Class 1 represents an exemplary fire suppression program, and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. ISO's PPC program evaluates communities according to a uniform set of criteria, incorporating nationally recognized standards developed by the National Fire Protection Association and the American Water Works Association. A community's PPC depends on: ➢ Fire alarm and communication systems, including telephone systems, telephone lines, staffing,and dispatching systems ➢ The fire department, including equipment, staffing, training, and geographic distribution of fire companies ➢ The water supply system, including condition and maintenance of hydrants, alternative water supply operations, and a careful evaluation of the amount of available water compared with the amount needed to suppress fires up to 3,500 gpm. Data Collection and Analysis ISO has evaluated and classified over 44,000 fire protection areas across the United States using its Fire Suppression Rating Schedule (FSRS). We use a combination of a meeting between a trained ISO field representative and the dispatch center coordinator, community fire official, and water superintendent in conjunction with a comprehensive questionnaire to collect the data necessary to determine the PPC number. In order for a community to obtain a classification better then a Class 9, three elements of fire suppression features are reviewed. These three elements are the fire alarm and communication system, the fire department and the water supply system. ©ISO Properties,Inc.,2007 Page 1 A review of the fire alarm and communication system accounts for 10% of the total classification. The review focuses on the community's facilities and support for handling and dispatching fire alarms. This section is weighted at 10 points broken up as follows: • Telephone Service 2 points • Number of Needed Operators 3 points • Dispatch Circuits 5 points A review of the fire department accounts for 50% of the total classification. ISO focuses on a fire department's first-alarm response and initial attack to minimize potential loss. In this section, ISO reviews such items as engine companies, ladder or service companies, distribution of fire stations and fire companies, equipment carried on apparatus, pumping capacity, reserve apparatus, department personnel, and training. The fire department section is weighted at 50 points distributed as follows: • Engine Companies 10 points • Reserve Pumpers 1 point • Pumper Capacity 5 points • Ladder/Service Companies 5 points • Reserve Ladder/Service Trucks 1 point • Distribution of Companies 4 points • Company Personnel 15 points • Training 9 points A review of the water supply system accounts for 40% of the total classification. ISO reviews the water supply a community uses to determine the adequacy for fire-suppression purposes. We also consider hydrant size, type, and installation, as well as the inspection frequency and condition of fire hydrants. The water supply system is weighted at 40 points with concern for the following: • Credit for the Supply System 35 points • Hydrant Size, Type &Installation 2 points • Inspection/Condition of Hydrants 3 points There is one additional factor considered in calculating the final score —Divergence. Even the best fire department will be less than fully effective if it has an inadequate water supply. Similarly, even a superior water supply will be less than fully effective if the fire department lacks the equipment or personnel to use the water. The preliminary FSRS score is subject to modification by a divergence factor, which recognizes disparity between the effectiveness of the fire department and the water supply. The Divergence factor mathematically reduces your preliminary scores if the fire department and water-supply scores are out of line with each other. The factor is introduced in the final equation. ©ISO Properties,Inc.,2007 Page 2 Public Protection Classification Number The PPC number assigned to the community will depend on the community's score on a 100- point scale: PPC Points 1 90.00 or more 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 40.00 to 49.99 7 30.00 to 39.99 8 20.00 to 29.99 9 10.00 to 19.99 10 0.00 to 9.99 The classification numbers are interpreted as follows: • Class 1 through(and including)Class 8 represents a fire suppression system that includes an FSRS creditable dispatch center,fire department and water supply. • Class 8B is a special classification that recognizes a superior level of fire protection in otherwise Class 9 areas. It is designed to represent a fire protection delivery system that is superior except for a lack of a water supply system capable of the minimum FSRS fire flow criteria of 250 gpm for 2-hours. • Class 9 is a fire suppression system that includes a creditable dispatch center,fire department but no FSRS creditable water supply. • Class 10 does not meet minimum FSRS criteria for recognition. ISO develops a single Public Protection Classification for a community when 85% or more of the buildable area is served by a water supply capable of delivering 250 gpm of fire flow, uninterrupted, for a minimum period of 2-hours, and there are no areas beyond 5 road miles of the responding fire station. Under this condition, all of the structures in the community receive that classification. Over 60% of the communities ISO has evaluated do not have this capability, so ISO develops a split classification (for example, 5/9). When a split classification is published the first class (Class 5 in the example) applies to properties within 5 road miles of a recognized fire station and within 1,000 feet of a fire hydrant. The second class (Class 9 in the example) applies to properties within 5 road miles of a recognized fire station but beyond 1,000 feet of a hydrant. ISO generally assigns Class 10 to properties beyond 5 road miles. ©ISO Properties,Inc.,2007 Page 3 Distribution of Public Protection Classification Numbers The 2008 published countrywide distribution of communities by the Public Protection Classification number is as follows: Countrywide 16,000 14,000 13611 12,000 10,000 8778 8,000 7749 6057 6,000 4403 4,000 1878 2409 2,000 57 538 644 1524 Class Class Class Class Class Class Class Class Class Class Class 1 2 3 4 5 6 7 8 8B 9 10 The 2008 published distribution of communities by the Public Protection Classification number is as follows: Minnesota 900 e 00 800 700 600 500 400 300 �►. ,yoy 200 100 ,y� Ol 0 0 0 Class Class Class Class Class Class Class Class Class Class Class 1 2 3 4 5 6 7 8 8B 9 10 ©ISO Properties,Inc.,2007 Page 4 Assistance The PPC program offers help to communities, fire departments and other public officials as they plan for, budget, and justify improvements. ISO is also available to assist in the understanding of the details of your evaluation. ISO Public Protection representatives can be reached by telephone at(800)4444554. The technical specialists at this telephone number have access to the details of your evaluation and can effectively speak with you about your PPC questions. What's more, we can be reached via the internet at www.isomitigation.com/talk/. We also have a website that is dedicated to our Community Mitigation Classification programs at www.isomitigation.com. Here, fire chiefs, building code officials, community leaders and other interested citizens can access a wealth of data describing the criteria used in evaluating how cities and towns are protecting residents from fire and other natural hazards. This website will allow you to learn more about ISO's Public Protection Classification program. The website provides important background information and insights about the PPC grading processes. Visitors to the site can download information, see statistical results and also contact ISO for assistance. In addition, on-line access to the Fire Suppression Rating Schedule and its commentaries is available to registered customers for a fee. However, fire chiefs and community chief administrative officials are given access privileges to this information without charge. To become a registered fire chief or community chief administrative official, send your request on fire department or chief administrative official's letterhead to: ISO Customer Service 545 Washington Boulevard Jersey City, NJ 07310-1686 Be sure to include your name and title, address, daytime phone number and e-mail address. ISO will send you an e-mail containing your ID and password. Passification Details Public Protection Classification On Aug 08, 2008 ISO concluded its review of the fire suppression features being provided for/by Columbia Heights. The resulting classification is a Class 4. If the classification is a single class, the classification applies to all properties in the community. If the classification is a"split'class(e.g., 6/9), the following applies: ➢ The first class (e.g., "6" in a 6/9) applies to properties within 5-road miles of a recognized fire station and within 1,000 feet of a fire hydrant or alternate water supply. ➢ Class 8B or class 9 applies to properties beyond 1,000 feet of a fire hydrant but within 5-road miles of a recognized fire station. ➢ Class 10 applies to properties over 5-road miles of a recognized fire station. ©ISO Properties,Inc.,2007 Page 5 Summary Evaluation Analysis The following points represent the analysis of the application of the criterion outlined in the FSRS of four topics-- Receiving and Handling Fire Alarms, Fire Department, Water Supply and the Divergence factor for Columbia Heights: Earned Credit FSRS Feature Credit Available Receiving and Handling Fire Alarms 414.Credit for Telephone Service 2.00 2 422.Credit for Operators 3.00 3 432.Credit for Dispatch Circuits 3.30 5 440.Credit for Receiving and Handling Fire Alarms 8.30 10 Fire Department 513.Credit for Engine Companies 9.43 10 523.Credit for Reserve Pumpers 0.61 1 532.Credit for Pumper Capacity 5.00 5 549.Credit for Ladder Service 4.72 5 553.Credit for Reserve Ladder and Service Trucks 0.35 1 561.Credit for Distribution 3.05 4 571.Credit for Company Personnel 4.04 15 580.Credit for Training 2.52 9 590.Credit for Fire Department 29.72 50 Water Supply 616.Credit for Supply System 31.91 35 621.Credit for Hydrants 2.00 2 631.Credit for Inspection and Condition 2.70 3 640.Credit for Water Supply 36.61 40 Divergence 700: Divergence -6.42 - Total Credit 68.21 100.00 ©ISO Properties,Inc.,2007 Page 6 General Information To determine the Total Credit, the points for Receiving and Handling Fire Alarms, Fire Department and Water Supply are added together and the Divergence factor is applied. To establish the points for each category, FSRS items labeled as "Credit for..." are totaled. These particular items are intermediate values. Often these intermediate values are based upon a 100-point scale, but they can be more (e.g., 654 for Item 513, "Credit for Engine Companies"). The ratios between the actual points scored in each of these subsections and 100(or, as in Item 513, other scale number)are then multiplied by the points available for the subsection. For instance, Item 414"Credit for Telephone Service" is valued at 2-points. To determine the credit earned, the totals for Item 411 "Review of Telephone Lines"(TL), Item 412 "Review of Telephone Directory" (TD), and Item 413 "Review of Recording Device" (RD) are summed. In Item 411, up to 60-points can accrue; Item 412 has a combined value of 20-points;and 20- points are available for Item 413. The sum of these three Items is divided by 100 and then multiplied by the 2-point weight in Item 414 to determine the final score for "Credit for Telephone Service(CTS)". The formula for Item 414"Credit for Telephone Service(CTS)"looks like this: CTS= TS X2 100 Where TS=TL+TD+RD Detailed Evaluation Analysis On the following pages are the scoring details of each category of the evaluation of Columbia Heights. These details relate only to the fire insurance classification of your jurisdiction. They are not for property loss prevention or life safety purposes and no life safety or property loss recommendations are made. At the end of the scoring details for Receiving and Handling Fire Alarms, Fire Department, and Water Supply the relative Gass is indicated. The relative class represents the classification each category would have achieved if the individual score was translated into a 100-point scale instead of the points available for that category. ©ISO Properties,Inc.,2007 Page 7 ��N REVISED CITY COUNCIL LETTER Meeting of: December 10 2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE FINAL COMPENSATING CHANGE BY: K.Hansen BY: ORDER AND AUTHORIZE FINAL PAYMENT FOR DATE: 12/5./12 DATE: RAMSDELL PARK IMPROVEMENTS,PROJECT NO. 1106 Background: The contractor has completed the improvements to Ramsdell Park. The work consisted of. site removals and grading; a new athletic field for girls fast pitch softball and boys little league; an 8-foot bituminous walking trail; a new parking area off of Johnson Street; a relocated playground area (playground equipment already purchased in 2009); a new picnic shelter; site utilities—water main, drainage systems and storm sewer; surface water treatment areas (bio-infiltration areas); and erosion control and site restoration. All contract work and punch list items have been completed. Analysis/Conclusions: The final compensating change order, attached, modifies the contract to include quantities in addition to the original contract due to field changes and unknown conditions. Additions to the contract modified quantities using the contract bid prices for each work item or negotiated amounts based on the contractor's time and needed materials. The work is detailed on the change order and summarized as follows: 1. Soil corrections at the picnic shelter and ballfield, and imported topsoil 2. Scoreboard and bleachers; and 3. Shelter flashing and appurtenances. The total amount of the final compensating change order is $19,743.40. ISD 13 has agreed to pay$12,220.79 for the scoreboard and bleachers. The remaining $7,522.61 for soils and shelter work will be paid out of the Park Development Fund. Staff recommends approval of the compensating change order and final payment to C. Mogren, Inc. and acceptance of the work. A copy of the change order, final payment voucher, and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to approve the final compensating change order and accept the work for Ramsdell Park Improvements, City Project No. 1106, and authorize final payment of$11,442.34 to C. Mogren of Hugo, Minnesota. Attachments: Change Order Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: REVISED CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE RAMSDELL PARK SITE IMPROVEMENTS CITY PROJECT NUMBER 1106 December 10, 2012 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to C. Mogren of Hugo, MN. The work consisted of Park Reconstruction including an athletic field, a park shelter, a playground,bituminous walking trails and stormwater treatment basins. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $408,829.60 CHANGE ORDERS $ 19,743.40 FINAL CONTRACT AMOUNT $ 428,573.00 FINAL WORK APPROVED $ 428,573.00 ALL PRIOR PAYMENTS ($ 417,130.66) BALANCE DUE (Final Payment) $ 11,442.34 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer old 4 ol 2. 0 u u 0 ❑ ❑ ❑ 013 a '04, gig rF St 4a JAI] R R a q W ' Z Inc 0 A -1.14 1 51 o;t u of li A ,C, CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION 2012-158 BY: K. Hansen BY: ESTABLISHING SENIOR CITIZENS OR DATE: 12/5/2012 DATE: RETIRED &DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of$31,400, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $31,700. Recommended Motion: Move to waive the reading of Resolution No. 2012-158, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2012-158,being a resolution establishing a new maximum income of$31,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. KH:bt Attachment: Resolution 2012-158 COUNCIL ACTION: 130 RESOLUTION NO.2012-158 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS,immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments,and Whereas,Minnesota Statutes 435.193—435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly,retired,or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment,the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner,provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale,transfer or subdivision of the property or any part thereof; C. if the property should for any reason lose its homestead status;or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty(30)days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50%of the annual installment payment. If the 50%is not paid in a timely manner,the balance of the annual installment along with all future installments shall become immediately due and payable. 9. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of$31,700. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. 11. No special assessment may be deferred for a period longer.than the time set by the Council as the time over which the project is to be assessed. 12. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll,and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Dated this 10th day of December,2012. Offered by: Seconded by: Roll Call: Mayor, Gary Peterson Attest: Tori Leonhardt City Clerk 131 CITY COUNCIL LETTER MEETING OF: December 10.,2012 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION UPDATING INCOME BY: JACKIE SENKO BY: LIMIT FOR SENIOR CITIZEN UTILITY RATES DATE: December 5, 2012 For many years, the City Council has annually updated the income eligibility limit for reduced senior citizen utility rates. Currently, the income limit for reduced senior citizen rates is set at $31,400. Attached is a resolution raising the income limit, beginning in 2013, to $31,700 for reduced senior citizen rates. For many years, the formula the City has used for this limit is the maximum current year (2013) Social Security benefit for an individual at full retirement age, plus 4%, rounded to the next even $100 increment. This limit is then compared to applicants' prior year (2012) income. This formula is intended to allow for a modest amount of income beyond the maximum Social Security benefit possible. The maximum Social Security benefit for an individual at full retirement age for 2013 is $30,396. The City Council can set any formula or amount for income eligibility. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For many years, the number of seniors receiving the reduced rate has remained relatively constant at approximately 230 residents. RECOMMENDED MOTION: Move to waive the reading of resolution 2012-159, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2012-159, being a resolution updating the income limit for senior citizen utility rates. Attachment COUNCIL ACTION: 132 RESOLUTION NO. 2012—159 UPDATE INCOME LIMIT FOR SENIOR CITIZEN UTILITY RATES WHEREAS,the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $31,700 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2013. Passed this 10th day of December, 2012 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Tori Leonhardt, City Clerk/Council Secretary 133 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: December 10, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 145982 through 146142 in the amount of$ 4,445,224.95. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 134 Ul W * * * * * * El 0 x aC * * Ha * * ww * * o * * H * * (� O * * pi a * * a O� * U> r c4 * * H o 000 * * 04 fn I * * U yHoLn Haa * * (n H U C7 * * N l0 * * d -H o * * Ul 04 W * * H p * 0000 z 04 z (d U) P4 * z z z z o L x * zzzz N o� x * * o K� K i * N N * * \ Ql * * O U * W w w w * H C a * aaaa * a * * * * * * . . . w * * . . . . . . . . . . . . . * * * * * * . . . . . . . . . . . . . m o * . . . . . . . . . . . . . Ul -14 H W m * * +-) U p Q O El .. * * ,A . . N ,H 0 Ulm * * E-1 4-3 W . . . . . . . . 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From an administrative standpoint, all of the business license holders received a follow-up letter from the Community Development Department(who is responsible for the issuance of the licenses)that a scheduled public hearing before the City Council would be deferred until the end of the year. The reason staff deferred these actions was to allow staff and Council to work through a formalized administrative penalty process, that was agreed to and acted on in the second reading at the November 26, 2012 City Council meeting. Although the administrative penalty section is not in effect until 30 days after the reading, staff is using this as a framework for our recommendations as we move into 2013 with the new penalties in place. The violations that occurred and previous violations within the past two years are as follows: La Casita (lstviolation) July 19, 2012 Serving to a minor Puerta Del Sol (1st violation)July 19, 2012 Serving to a minor Jeff, Bobby and Steve's (2nd violation)July 19, 2012 Selling to a minor 1st violation-August 23, 2010 Selling to a minor Mr. BBQ (2nd violation) July 19, 2012 Selling to a minor 1 st violation-April 13, 2012 Over-serving Staff's recommendations are intended to ensure 1)Future compliance and 2)Demonstrate the seriousness of these violations. Recommendation: Staff recommends that La Casita and Puerta Del Sol receive a"1st Violation"penalty with no fines. This action would mean that if no further violations occur by July 19, 2014 this"1St Violation"penalty is removed from future penalty considerations. If another violation occurs between now and July 19, 2014 the "2nd Violation"of the new amended Ordinance would be administered. Furthermore, staff recommends that Jeff, Bobby and Steve's and Mr. BBQ receive a"1st Violation"penalty with a$500.00 fine. This recommendation is made with the same timeline stipulations as the first recommended action. This recommendation is made, in part, as a compromise to not seek a"2nd Violation"penalty,but to at least place a financial penalty to differentiate from the first group. Again, these recommendations are made to underscore the seriousness of the issues at hand, and to have 2012 penalties that will easily dovetail into the new 2013 system. Recommended Motions: 142 Move to establish a"1St Violation"penalty with no administrative fine, for serving to a minor on July 19, 2012, for SAH Inc. dba as La Casita(Mr. Behrooz Anvary-applicant). Move to establish a"1St Violation"penalty with no administrative fine, for serving to a minor on July 19, 2012, for Gutierrez and Velez Inc. dba as Puerta del Sol (M/M Gutierrez and M/M Velez-applicants). Move to establish a"1St Violation"penalty with a$500 administrative fine, for serving to a minor on July 19, 2012, for Central Avenue Investments Inc. dba as Mr. BBQ (Mr. Mohamed Shambolia-applicant). Fine shall be paid prior to issuance of the 2013 liquor license. Move to establish a"1St Violation"penalty with a$500 administrative fine, for selling to a minor on July 19, 2012, for Jeff's, Bobby and Steve's Autoworld(Mr. Jeff Bahe-applicant). Fine shall be paid prior to issuance of the 2013 liquor license. Penalty section attached COUNCIL ACTION: 143 5.510 POLICY FOR ALCOHOL LICENSE VIOLATIONS It is the goal of the City of Columbia Heights to have each liquor licensee comply with the law 100% of the time in relation to the ordinance regulating liquor. The City of Columbia Heights will maintain staff to complete annual compliance checks and periodically check establishments for compliance with hours and license conditions. The City will act as a resource to provide server training or to direct businesses to approved training on an annual basis. The City wishes to have all business choose to be a Best Practices liquor licensee. BEST PRACTICES: Best Practices licensees will have the benefit of following the"Best Practices"violation matrix. The Best Practices program is voluntary and serves as a cooperative venture between licensees and the City to meet the goals of the City laid out in the city code. Best Practices licensees will fill out an application from the City of Columbia Heights committing their establishment to working towards 100% compliance with the applicable ordinances and Minnesota State Statutes. Required Activities: Best Practices licensee will agree to keep records of Best Practices activities and to have them available for inspection. The Best Practices licensee will have 75% of all alcohol selling staff trained by the Columbia Heights Police Department, Minnesota Department of Alcohol and Gambling Enforcement, the Minnesota Municipal Beverage Association, the Minnesota Licensed Beverage Association, (or any other organization who provides similar training upon approval by City's Liquor Licensing Department) on an annual basis. Best Practices licensees will have a written internal training program for new employees and a written policy requiring identification on anyone appearing to be 40 years old or younger. Optional Activities: Best Practices licensees will do four(three if they do integrated ID scanner on register) of the following: • Continuously certify 75%of all employees who sell alcohol are trained. • Internal employee reward/recognition program for employees who catch underage customers. • Run an approved internal compliance program. • Automated ID card scanner integrated into cash register. • Pre-arrange to meet with staff and prosecutor on violations. • Have a policy to check ID on every sale. • Have a policy to work with the Columbia Heights Police Department to prevent secondary resale of alcohol. • Have a minimum age of 21 for employees selling alcohol products. PROCESS FOLLOWED FOR VIOLATIONS The purpose of this section is to establish a standard by which the City determines the length of a license suspension, revocation, and/or civil penalty. This policy shall apply to all on-sale and off-sale license holders. These penalties are deemed to be appropriate for all violations. Licensees shall be informed that this policy applies to the License Holder and does not apply to the Criminal Charges against the person who actually violates the law. The City Council may choose to deviate from the prescribed penalty is there are extenuating circumstances. Should the City Council deviate from the adopted policy, they must take official action and document the reasons for the deviation. The City Council may only consider the penalty portion of the action. Should the licensee wish to appeal the facts of a violation,they must request a due process hearing. A. Notice: Upon a determination that a violation of a city ordinance or state law relating to alcoholic beverages has occurred in a licensed premises,the licensee will be issued a notice, either personally or by U.S. Mail, setting forth the nature, date, and time of the alleged violation, the administrative penalties if applicable, the process for appealing the determination and the penalty for failing to comply with the 144 penalty. Mailed notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address contained in City records. B. Compliance: Within 14 calendar days of the date of the notice, a licensee may comply with the penalties set out in the notice by paying the administrative fine and notifying the Licensing Clerk of the dates the licensee chooses to submit to any imposed suspension. Suspension days must be consecutive business days the last of which must not be more than 60 days after the date of the Notice. C. Hearing: Any licensee who receives notice of a violation may, within 14 calendar days of the date of issuance of the Notice,request in writing a hearing before the City Council. A request for a hearing must be submitted to the Licensing Clerk who will cause the request to be placed on the agenda of the next regular City Council meeting that will be held not less than 15 calendar days after receipt of the request. Written notice stating the date, time, and place of the hearing will be provided to the licensee no less than 10 calendar days before the hearing. Such notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in City records. The City Council may sustain, dismiss or amend the violation, and may sustain,waive, reduce, or increase any penalty provided for in this Chapter, except that no penalty may exceed the maximum permitted under state law. The City Council, if it sustains or amends the violation, will establish a new compliance date for the penalties imposed. D. Revocation: Notwithstanding any provisions in this Chapter to the contrary, a violation for which the established penalty is revocation must be forwarded to the City Council for disposition. The notice of violation will include the nature, date, and time of the violation and the date,time, and place of the Council's consideration,which will be not less than 10,nor more than 20 calendar days after the date of service of the notice.Notice will be considered complete upon personal service on the licensee or upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in City records. The Council may sustain, dismiss, or amend the violation. If Council sustains or amends the violation it may revoke the license or impose such other penalty it deems as appropriate provided the penalty does not exceed the maximum permitted under state law. E. Multiple Violations: Each incident with respect to date, time,place, and persons involved, will be deemed a single violation for the purposes of imposing administrative penalties notwithstanding that an incident may involve more than one offense. The City Council may take multiple offenses into consideration when determining whether to deviate from the established penalties for any violation. F. Violations When Another is Pending: Any violation that occurs at a licensed premise while a prior violation is pending for those same premises will be treated as a separate violation and considered a subsequent violation for purposes of imposing an administrative penalty. G. Submission to Council in Lieu of Administrative Procedures: With the concurrence of the City Manager, or their designees, the Licensing Clerk, in lieu of accepting the administrative penalties provided for in Section §5.510, may submit any violation to the City Council for review and 145 determination. The decision must take into consideration the number and seriousness of the offenses allegedly committed in a single incident. The decision to submit a violation to the Council must be included in the initial violation notice along with the date, time, and place the Council will consider the matter. XXXX: PENALTIES A. Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a court of law,the City Council may suspend a license for up to 60 days, may revoke a license and/or may impose a civil fine on a licensee not to exceed $2,000.00 for each violation on a finding that the license holder or its employee has failed to comply with a statute, rule or ordinance relating to alcoholic beverages, malt beverages, or wine. B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council determines the civil fine,the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however,the council may deviate in an individual case where the council fords that there exist certain extenuating or aggravating circumstances, making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors or, in the converse,when a licensee has a history of repeated violations of state or local liquor laws. When deviating from these standards, the council will provide written findings that support the penalty selected. When a violation occurs,the staff shall provide information to the City Council to either assess the presumptive penalty or depart upward or downward based on extenuating or aggravating circumstances. The staff shall notify the licensee of the information being considered and acted upon by the City Council. C. Penalties: (1) Except as otherwise provided in this Chapter, the sale of alcoholic beverages to a person under the age of 21,the sale of alcoholic beverages to an obviously intoxicated person, or the failure of an on-sale licensee to take reasonable steps to prevent a person from leaving the licensed premises with an alcoholic beverage will subject the licensee to the following administrative penalties: ("Best Practices"applies only to license holders who are enrolled in the program at the time of the violations) FOR BEST PRACTICES LICENSE HOLDERS: Type of License V Violation 2°d Violation 3`d Violation 4 1 Violation On Sale Intox. $250 $500 and 3 day $1,000 and 5 day Revocation Liquor suspension suspension On/Off Sale Beer $250 $500 and 3 day $1,000 and 5 day Revocation suspension suspension Wine/beer $250 $500 and 3 day $1,000 and 5 day Revocation 146 suspension suspension Club Liquor $250 $500 and 3 day $1,000 and 5 days Revocation suspension suspension FOR OTHER LICENSE HOLDERS: Type of License V Violation 2°d Violation 3rd Violation 4th Violation On Sale Intox. $500 $750 and 5 day $1,000 and 10 Revocation Liquor suspension day suspension On/Off Sale Beer $500 $750 and 5 day $1,000 and 10 Revocation suspension day suspension Wine/beer $500 $750 and 5 day $1,000 and 10 Revocation suspension day suspension Club Liquor $500 $750 and 5 day $1,000 and 10 Revocation suspension days suspension (2) Except as otherwise provided in this Chapter, the following violations will subject the licensee to the following administrative penalties: Type of 1St Violation 2°d Violation 3rd Violation 4th Violation Violation Refusal to $1,000 and 7 $2,000 and 14 Revocation N/A allow City days days inspectors or suspension suspension police admission to premises After hours $1,000 and 7 $2,000 and 14 Revocation N/A sale, display or days days consumption of suspension suspension alcoholic beverages Illegal $1,000 and 7 $2,000 and 14 Revocation N/A gambling on days days premises suspension suspension Commission of Revocation N/A N/A N/A a felony related 147 to licensed activity Sale of Revocation N/A N/A N/A alcoholic beverages while license is under suspension Sale of Revocation N/A N/A N/A intoxicating liquor with only 3.2 percent malt liquor license (3) Any prior violation that occurred more than 24 calendar months immediately preceding the most current violation will not be considered in determining successive violations. (4) The nature of the most current violation will determine the appropriate penalty as established by paragraphs (1) or(2) above,provided, however, that any and all violations occurring within 24 months immediately preceding the most current violation will be considered in determining successive violations. (5) Any licensee who fails to pay an administrative fine or adhere to a suspension,whether imposed by this Section or the City Council, within the allotted time period will be subject to an additional suspension of the license for a period of time as determined by the City Council,but not to exceed 60 consecutive days. Any licensee who fails to comply with a City Council imposed license suspension resulting from a prior non-compliance with the administrative penalties imposed by this Chapter is subject to license revocation. (6) Nothing in this Section will prohibit the City from seeking criminal prosecution of any alleged violation of this Chapter in addition to any administrative penalties provided for herein. 148 CITY COUNCIL LETTER MEETING OF: DECEMBER 10, 2012 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: JOE KLOIBER BY: BUDGET FOR THE YEAR 2013, SETTING THE CITY LEVY AND APPROVING THE HRA LEVY DATE: DECEMBER 5, 2012 NO: The attached resolution reflects the City Manager's 2013 proposed budget, as modified by the attached list of changes reviewed with the Council. This proposed budget was reviewed with the City Council at six sessions this past year. Of course, the development of this 2013 budget actually began in 2009, with the development of the City's current five-year financial plan. As discussed in detail in the attached copy of the City Manager's 2013 budget message, the five-year plan and the proposed 2013 budget have limited increases in tax-supported operating expenses to less than the rate of inflation. The plan and budget were also intended to provide certain tax increases overtime to reduce the City's dependency on state aid. Due to increases in the portion of the City levy paid by taxpayers outside Columbia Heights under the Area-Wide Fiscal Disparities program however, Columbia Heights taxpayers have actually had a decrease in taxes over the past two years, and the proposed increase to the City levy of 3.36% for 2013 yields a cumulative change of approximately zero for Columbia Heights taxpayers for the years 2011-2013. In addition, the HRA levy of $184,811 included in the attached resolution is a 15.4% decrease from 2012, and reflects the 5a'consecutive year that the HRA levy has decreased. These trends of continuing dependency on outside revenue sources for basic City operations, and reduced HRA funding to address housing stock decline, both raise concerns that staff recommends should be addressed by: A)Adopting the 2013 budget per the current five-year plan. B)Updating the five-year plan in the next budget cycle to address these issues over the long term. On a side note, prior to 2009, state statute required a separate budget hearing on the first Monday in December. That statute has since changed and a separate hearing is no longer required. Therefore, the annual budget resolution is now included in the "items for consideration" section of the agenda. RECOMMENDED MOTION: Move to waive the reading of Resolution 2012-155, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2012-155 being a RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2013, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. JK:nb 1212051 COUNCIL Attachments: Resolution 2012-155 Budget Changes Included in Resolution 2012-155 City Manager's 2013 Budget Message COUNCIL ACTION: 149 RESOLUTION 2012-155 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2013, SETTING THE PROPOSED CITY LEVY,APPROVING THE HRA LEVY,APPROVING A TAX RATE INCREASE,AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2013. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2013 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,663,942 Community Development Fund 206,922 Economic Development Fund 299,717 State Aid 171,677 Cable Television 103,312 Library 804,901 Infrastructure 152,297 Capital Improvement 294,228 Capital Equipment Replacement Funds 533,468 Construction Funds 2,157,000 Central Garage Fund 690,105 Liquor Operating 8,443,594 Liquor Capital/Non-Operating 557,347 Water Utility Fund 2,645,405 Sewer Utility Fund 2,339,047 Refuse Fund 1,800,656 Storm Sewer Fund 377,117 Data Processing 323,524 Debt Service Fund 2,487,817 Total Expense Including Interfund Transfers 35,052,076 Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds, including general ad valorum tax levies and use of fund balances, as hereinafter set forth for the year 2013. Revenue General Fund 10,663,942 Community Development Fund 206,922 Economic Development Fund 299,717 State Aid 171,677 Cable Television 103,312 Library 804,901 Infrastructure 152,297 Capital Improvement 294,228 Capital Equipment Replacement Funds 533,468 Construction Funds 2,157,000 Central Garage Fund 690,105 Liquor Operating 8,443,594 Liquor Capital/Non-Operating 557,347 Water Utility Fund 2,645,405 Sewer Utility Fund 2,339,047 Refuse Fund 1,800,656 Storm Sewer Fund 377,117 Data Processing 323,524 Debt Service Fund 2,487,817 Total Revenue Including Interfy 5dOTransfers 35,052,076 Section C. The following sums of money are levied for the current year,collectable in 2013 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 7,973,404 Estimated Library Levy 777,000 Estimated EDA Fund Levy 84,811 Total 8,835,215 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2013 in the amount of$184,753. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2013 that is higher than the tax rate calculated for the City taxes levied in 2011 collectable in 2012. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2006A in the amount of$106,739 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2013. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of$225,000 and that the County Auditor is authorized to cancel$225,000 of the related Bond Levy for taxes payable in 2013, leaving a balance of$436,545 to be levied for taxes payable in 2013 for Series 20088. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of$103,900 and that the County Auditor is authorized to cancel$103,900 of the related Bond Levy for taxes payable in 2013, leaving a balance of$129,161 to be levied for taxes payable in 2013 for Series 2009A. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 151 City of Columbia Heights List of 2013 Budget Changes Prepared 12/3/12 Totals Budget Decreases Fund 201 Community Development Reduce personnel by 0.5 FTE in this department,eliminating planner position -48,656 Fund 204 EDA Reduce HRA Levy to maximum allowable$184,753 based on taxable market value -25,037 Reduce personnel by 0.5 FTE in this department,eliminating planner position -48,672 Budget Increases Fund 101 Recognition/Special Events Royalty Float 5,000 Fund 201 Community Development Add contract services in this department,equal to 25%of former planner position 24,329 Fund 204 EDA Add contract services in this department, equal to 25%of former planner position 24,329 Carryovers Fund 101 Finance Replacement of jointly-used copy machine with printer at reduced cost 7,500 General Government Buildings 3 Copiers: Recreation,Community Development and Fire 19,000 152 CITY OF COLUMBIA HEIGHTS CITY MANAGER'S 2013 BUDGET MESSAGE Recommendation Best practices for budgeting require that any proposal for the annual budget be made within the context of a long-term plan focused on the most significant financial issues facing the City. If each annual budget addresses a portion of these larger issues, the City can keep any required changes to services, property taxes or utility rates to their lowest possible levels over time. In 2009, the City developed its current five-year financial plan, covering the annual budget years 2010—2014. The critical issue at the time was declining state aid revenue, primarily local government aid (LGA) and market value homestead credit (MVHC) used in the general fund operating budget. Consequently, the focus of the plan is to reduce dependence on this unreliable revenue source as follows: • Limit expense increases • Replace some state aid with property tax revenue • For specific short-term budget gaps in the plan, use available fund balance in excess of established reserve levels Based on current analysis, the city manager and staff judge that the plan is still appropriate for the issue it was intended to address. Accordingly, the proposed 2013 budget and levy have been prepared in amounts which are consistent with the plan, and are recommended for approval by the City Council. Key points of this analysis are explained below, including a new financial issue that was not anticipated in the five-year plan. We stress that this new issue, the Area-Wide Fiscal Disparities Levy, must be considered in order to properly evaluate the city manager's proposed 2013 budget and levy. Expense Trend For 2009, the City cut its budget in mid-year in response to a large loss of state aid. This cut, together with the expense limits in the five-year plan, yields the annual changes in budgeted operating expenses for the City's tax-supported funds through 2013 shown in the chart below. This includes the general fund, the library fund and the portion of the economic development authority (EDA) supported by the City levy. Over the five years shown, the average increase in the consumer price index for midwest urban consumers is four times more than the increase in these budgeted operating expenses, at 2% compared to 0.5%. Most of this modest 0.5% growth in operations is from increased public safety services. These services were approved by the City Council and partially subsidized by state and federal grants. This has helped contribute to a 25 year low in the crime rate for the City. 153 CITY OF COLUMBIA HEIGHTS CITY MANAGER'S 2013 BUDGET MESSAGE Expense Comparision -Change In Consumer Price Index ZO)o 010 2011 2012 2013 -Change in Budgeted Operating Although the emphasis of the five-year plan is on the portion of the City operating budget supported by property taxes, the expense limits under the plan generally apply to all portions of the City's operating budget. As much of the same staff, buildings, and equipment are used across multiple departments of the City, limiting expenses in the tax-supported departments also limits expenses in other departments, such as those supported by utility charges or municipal liquor sales. The one major exception to this is the cost of commodities purchased for resale. For example, the City of Minneapolis is the sole supplier of water for the City of Columbia Heights, and the Metropolitan Council is the sole supplier ofsewage disposal for the City of Columbia Heights. The City of Columbia Heights has essentially no control over the price it pays for these commodities. Therefore the cost of these commodities is not limited by the five-year plan, as any significant change by these suppliers can ultimately only be passed on to the consumer. Revenue Trend For the operating budget and debt service purposes, the five-year plan was structured to reduce the City's annual use of state aid (LGAand K4VHC) from $1.5 million in 2010 to $900\000 in 2013. This was fortunate planning, as the State of Minnesota reduced this aid to $9O[LOOO per year for 2012 and 2013. Although this state cut occurred one year earlier than planned, there was sufficient fund balance on hand to bridge the one-time gap in 2012. 154 CITY OF COLUMBIA HEIGHTS CITY MANAGER'S 2013 BUDGET MESSAGE A review of the City's property tax levy for 2009-2013 reveals that increases in the total levy have followed the plan, but the levy paid by Columbia Heights taxpayers has been less than expected under the plan. This was caused by unexpected increases in the portion of the City levy that is paid by the area-wide fiscal disparities levy (AW levy). The fiscal disparities program is a revenue-sharing agreement in state statue, whereby local governments in the metro area pool a portion of their commercial property tax base. In effect, a portion of the City's property tax levy is applied to metro area commercial properties outside the City of Columbia Heights. Until recently, the amount of the levy received under this agreement had been relatively consistent, but since 2010 it has increased significantly. Much of this was triggered by the debt levy that began in 2009 for the public safety center and the levy increases made to replace lost LGA under the five-year plan. These are factors that affect the formula by which Anoka County calculates the AW levy. Another factor affecting the formula is that Columbia Heights property values declined more than some other metro area communities during the recent recession. The following chart shows these components of the City property tax levy. (Note: To make levies from different years comparable, the percentage change in levy for 2012 is calculated net of state MVHC.) City Tax Levy By Source 12,000,000 -- - - - - i 10,000,000 -- - - - - 8,000,000 i 6,000,000 - - State MVHC r AW Levy ■Levy on Columbia Heights 4,000,000 - - -- -- - - - - I 2,000,000 -- i 2009 2010 2011 2012 2013 Levy change per 5 year plan 13.88% 3.87% 3.98% 1 4.08% Levy change on Columbia Heights 10.62% -3.63% 0.52% 1 3.36% 155 CITY OF COLUMBIA HEIGHTS CITY MANAGER'S 2013 BUDGET MESSAGE In 2009, the AW levy was $1,367,969 or 17% of the total levy. By 2013, the AW levy will be approximately $2,686,142 or 28% of the levy. In the short run, this unexpected influx of tax revenue from outside the City has reduced the burden on Columbia Heights taxpayers caused by declining state aid. In the long run however, there is the new question of, "How long will the AW levy continue?" In other words, the five-year plan has succeeded in reducing the City's dependence on state aid as intended, but a new dependency on a different outside revenue source has taken its place. The city manager and staff recommend that the City Council consider updating the five-year plan for this issue, so that annual budgets can address it sooner rather than later. The options for this would be similar to those used in the current plan to reduce dependence on state aid. 156 CITY COUNCIL LETTER Meeting of December 10, 2012 AGENDA SECTION: NEW BUSINESS AND ORIGINATING DEPARTMENT: CITY REPORTS PUBLIC WORKS MANAGER ITEM: WATER SYSTEM INTERCONNECTION BY: K. Hansen BY: AGREEMENT WITH NEW BRIGHTON DATE: 12/6/2012 DATE: Background City staff has been contacted by the City of New Brighton Public Works Department to discuss their Water Tower Rehabilitation project planned for 2013 construction. The City of New Brighton will be performing tower repair and reconditioning of their High Service Tower located at 3001 —5h Street NW in 2013. During that time the water tower will be taken out of service and New Brighton will not be able to provide municipal water service to its customers. The area is located north of 45t'Avenue and east of Stinson Boulevard and is depicted on Exhibit A. This area had actually been served by the City of Columbia Heights up until the early 1980's,so the connections are still present,but are currently valved off. The work is expected to last up to eight weeks. An agreement is attached that defines the responsibilities of the temporary water service interconnection,and has been reviewed by each City's attorneys. In summary, the agreement defines that: 1. The City of New Brighton is responsible for the water connection, including operation and costs. 2. The City of New Brighton will pay Columbia Heights for the water used, at 2013 Columbia Heights water rates. 3. The water quality and pressure will be the same as what is available to Columbia Heights customers. 4. The service area has been calculated to use approximately 100,000 gallons per day. If more water is being used than calculated, Article 7 of the agreement defines how costs will be determined. Staff recommends approval of the Water System Interconnection Agreement. Recommended Motion: Move to enter into a Water System Interconnection Agreement with the City of New Brighton,while they repair and recondition the High Service Tower located at 3001 5t' Street NW. Attachment: Water System Interconnection Agreement COUNCIL ACTION: 157 WATER SYSTEM INTERCONNECTION AGREEMENT THIS AGREEMENT is made as of the 10th day of December, 2012, by and between the City of New Brighton, Minnesota ("New Brighton") and the City of Columbia Heights ("Columbia Heights"),both Minnesota municipal corporations. WHEREAS, New Brighton and Columbia Heights each own and operate a municipal water utility providing water service to its citizens; and WHEREAS, in the past, New Brighton has connected its system to the Columbia Heights system and purchased water from Columbia Heights for citizens in part of New Brighton, which connection has been removed; and WHEREAS, the City of New Brighton will be performing tower repair and reconditioning of the High Service Tower located at 3001 — 5th Street NW as part of Improvement Project 12-5 during 2013, during which time New Brighton will not be able to provide municipal water service to its customers in the area depicted on Exhibit A, which is hereby made a part of this Agreement(the"Temporary Service Area"); and WHEREAS, New Brighton wishes to reconnect its system to the Columbia Heights system and purchase water from Columbia Heights for New Brighton customers during the time the New Brighton water tower is out of service; and WHEREAS, Columbia Heights is willing to allow such service connection and provide water to New Brighton on the terms and conditions hereinafter set forth. NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: 1. New Brighton will construct a connection from its water system to the Columbia Heights water system at the point of the previously existing interconnection, which is generally shown on the schematic drawing attached as Exhibit B and made a part of this Agreement (the "Connection Project"). Work shall be done by New Brighton, at the expense of New Brighton, and in accordance with plans and specifications approved by the City Engineer of Columbia Heights. New Brighton will own, operate, maintain and assume all responsibility for the Connection Project. 2. The Connection Project will be constructed at a time agreed to by the New Brighton and Columbia Heights City Engineers during 2013. After constructing the Connection Project and upon approval by the City Engineer of Columbia Heights,New Brighton will open the valve connecting the two systems and Columbia Heights will provide water to New Brighton for sale by New Brighton to its customers in the Temporary Service Area. 398866v2 CLL NE136-24 1 158 3. Water supplied by Columbia Heights shall be of the same quality and provided in accordance with the same standards as to pressure and volume as is available to customers of Columbia Heights water system. 4. New Brighton assumes all risk and responsibility for claims or damages made by New Brighton customers arising out of, or related to, provision of water by Columbia Heights to New Brighton in accordance with the terms and standards of this Agreement. Each of the parties agrees to indemnify the other, its officers, agents, and employees, for claims arising out of its conduct or resulting from breach of this Agreement. Nothing herein shall be deemed a waiver by either parry of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 5. Neither the citizens of New Brighton, nor any other person, are made third party beneficiaries of this Agreement. 6. It is anticipated that the period of time New Brighton will purchase water from Columbia Heights under this Agreement will not exceed eight weeks, and New Brighton will use an average volume of water of less than 100,000 gallons per day. New Brighton will pay Columbia Heights the sum of Three Hundred Forty-Three Dollars ($343.00) per day for each day, or partial day, that it receives water from Columbia Heights pursuant to this Agreement. Columbia Heights will invoice New Brighton for such amounts no more often than monthly. New Brighton will pay such invoices within thirty (30) days of receipt. 7. If the Columbia Heights City Engineer believes that New Brighton is using more than an average of 100,000 gallons of water per day, the New Brighton Engineer and the Columbia Heights Engineer will meet and attempt to agree on a method of determining the actual water use to an acceptable degree of accuracy. If the Engineers are unable to agree on such a method, the parties will select and share equally the cost of an engineering consultant to design such a method. Such a method could be, for example, use of actual meter readings of a randomly selected group of representative New Brighton customers. The results of the application of the method selected shall be used to adjust the daily charge specified in paragraph 6, either up or down, pro rata, based on the average number of gallons of daily use that is more or less than 100,000 gallons per day. The adjustment, either up or down, shall be applied to the total number of days or partial days that New Brighton receives water under this Agreement. 8. Following completion of work on the New Brighton water tower and placing the water tower back in service, New Brighton will remove the Connection Project at New Brighton's expense upon request by Columbia Heights. 398866v2 CLL NE136-24 2 159 IN WITNESS WHEREOF, the parties hereto by their authorized representatives, hereunto set their hands as of the day and date first above written. CITY OF NEW BRIGHTON By: Its Mayor And by: Its Manager CITY OF COLUMBIA HEIGHTS By: Its Mayor And by: Its Manager 398866v2 CLL NE136-24 3 160 n. t 3�1 WIN �1►AN �' �` ��:'�"i ■�■■■ it � .�r►l� �., t. , r� Temporary Service� NIC ir III _ �►/'III '� f. ,�� �. �I poll► . LO • o •1 M �S• EXHIBIT B Location of Project Interconnection J rar! z b W `,� 5 1 z U) 2345 - A", Both,valves are normally closed: • If both valves,are opened, the two systems;will. be interconnected '"'- New Brighton Valve s • COUNhT•Y RD E Columb W.t Valve 2348 # r: jr (� .4 , ., r , Watermain •� ' New Brighton Valve f t Interconnection Valve N m114.rug V-•�,m� z,n."r, - t ��,"''{,� �� 10 5 0 10 Feat mow+- . i � o•.a.,•a..k°nawmew:�. . ` 1 ;, � IyfLwWd{�tc^yWMPV1WY+fl.rcom..tkn1 � \,, 162