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12-08-2014 Regular Meeting
CITY OF COLUMBIA HEIGHTS 590 40t4 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Visit our website at. www.ci.columbia- hei-ehis.nut.us May Gary L. Peterson Councilmembers Robert A. Williams Bruce Naivrocki Tammera Diehm Donna Schmitt City Manaeer 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 8, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at 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 2.ROLL CALL 1INVOCATION Invocation provided by Pastor Max Richter, Community United Methodist Church 4.PLEDGE OF ALLEGIANCE 5.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.) 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7.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 the City Council Pg. 5 MOTION: Move to approve the minutes of the City Council meeting of November 24, 2014. MOTION: Move to approve the minutes of the City Council Public Improvement Hearing — 2015 Sea] Coat meeting of December 1, 2014. MOTION: Move to approve the minutes of the City Council Public Improvement Hearing — 2015 Street Rehabilitation meeting of December 1, 2014. MOTION: Move to approve the minutes of the City Council Public Improvement Hearing — 2015 State Aid Street Rehabilitation Program meeting of December 1, 2014. MOTION: Move to approve the minutes of the City Council Worksession of December 1, 2014. B. Accept Board and Commission Meeting Minutes Pg. 22 MOTION: Move to accept the Planning & Zoning commission minutes from December 2, 2014. MOTION: Move to accept the Library Board minutes from November 5, 2014. City Council Agenda Monday December 8, 2014 Page 2 of 4 C. Approval of the attached list of rental housing licenses pg. 35 MOTION: Move to approve the items listed for rental housing license applications for December 8, 2014 in that they have met the requirements of the Property Maintenance Code. D. Adopt resolution 2014 -92 establishing senior citizens or retired & disabled persons hardship Pg. 37 special assessment deferral. MOTION: Move to waive the reading of Resolution No. 2014 -92, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2014 -92, being a resolution establishing a new maximum income of $33,300 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. E. Authorize School Liaison Officer Contract with CH School District for 2015 Pg. 39 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 through December 31, 2015. F. Consideration of Water Main Cleaning and Lining Program: Program Areas Pg. 56 MOTION: Move to accept the 5 -year Water Main Cleaning and Lining Program for years 2015-2019. G. Consideration of Huset Park Splash Pad: Consultant Proposals Pg. 60 MOTION: Move to award the Huset Park Splash Pad Improvements, Municipal Project No. 1512, to the consulting engineering firm of Stantec based upon their qualified, responsible proposal for a cost not -to- exceed $34,700 appropriated from Fund 412 -51512 -3050. H. Authorization of I -I Program for Collection District 3: Service Line Televising Pg. 62 MOTION: 1) Move to authorize a Sanitary Sewer Service Televising program in Collection District 3 in the Chatham Road and Silver Lake Lift Station services areas, and 2) Move to accept the proposal from SEH in an amount not to exceed $66,740, funded from the Sanitary Sewer Construction Fund 652- 49650 -3050, and authorize the Mayor and City Manager to enter into an agreement for the same. I. Adopt Resolution 2014 -93 Establishing 3939 Central Avenue as the New Library Site Pg. 82 MOTION: Move to waive the reading of Resolution 2014 -93, there being ample copies available for the public. MOTION: Move to adopt Resolution 2014 -93, being a resolution establishing the old Burger King site at 3939 Central Avenue as the site for the new library. J. Authorize Staff to Seek Proposals for Consultant Services for the New City Library Pg. 84 Architectural, Geo- Technical, and Site /Civil MOTION: Authorize staff to seek proposals for consultant services for the new city library; architectural, geo- technical, and site /civil. K. Authorization to Seek Bids for 2015 Seal Coat Program — Zone 7A Pg. 86 MOTION: Move to authorize staff to seek bids for the 2015 Seal Coat Program, City Project 1301. L. Consideration of Extension of GIS Range Rider Contract Pg. 87 MOTION: Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $17,775; and, authorize the Mayor and City Manager to enter into an agreement for the same. City Council Agenda Monday December 8, 2014 Page 3 of 4 M. Appointments to the Park & Recreation Commission and the Public Arts Commission. Pg. 88 MOTION: Move to appoint Bruce Evans to the Park & Recreation Commission to fill vacancy through April 1, 2016 and Jennifer Tuder to the Public Arts Commission to fill a vacancy. N. Resolution Adopting The 2015 -2016 Snow And Ice Control Policy Pg. 89 MOTION: Move to waive the reading of Resolution No. 2014 -98, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2014 -98, being a resolution adopting the 2015 -2016 Snow and Ice Control Policy for the City of Columbia Heights. O. Approve Business License Applications Pg. 108 MOTION: Move to approve the items as listed on the business license agenda for December 8, 2014, as presented. P. Payment of Bills Pg. 110 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 154782 through 154939 in the amount of $383,455.63. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Adopt Resolution 2014 -94, 4556 Madison Street N.E., being a Resolution of the City Council of Pg. 118 the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2014 -94, being ample copies available to the public. MOTION: Move to adopt Resolution Number 2014 -94, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. B. Approve a Preliminary and Final Subdivision Plat for the property located at 5220 Central Pg. 121 Avenue NE. MOTION: Move to waive the reading of Resolution No. 2014 -90, there being ample copies available to the public. MOTION: Accept the Planning Commission's recommendation to approve the Preliminary and Final Subdivision Plat for the property located at 5220 Central Avenue NE. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. ADr)rove Anoka County Fire Protection Council Joint Powers Agreement Pg. 135 MOTION: Move to approve the Anoka County Fire Protection Council Joint Powers Agreement and authorize the Mayor and City Manager to enter into the agreement. 2. Adopt Resolution 2014 -91 being a resolution adopting a budget for the year 2015, setting the Pg. 175 City levy, and approving the HRA levy. City Council Agenda Monday December 8, 2014 Page 4 of 4 MOTION: Move to waive the reading of Resolution 2014 -91, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -91, being a resolution adopting a budget for the year 2015, setting the City levy, and approving the HRA levy. B. Bid Considerations - None C. New Business and Reports Decertifying Sheffield Tax Increment Financing District Pg. 129 MOTION: Move to waive the reading of Resolution 2014 -95, there being ample copies available to the public. MOTION: Move to approve Resolution 2014 -95, Resolution of the Columbia Heights City Council Decertifying Sheffield Tax Increment Financing District (No. M8). 2. Affirmation of Special Project Funds for Redevelopment Activities Pg. 182 MOTION: Move to waive the reading of Resolution 2014 -96, there being ample copies available to the public. MOTION: Move to approve Resolution 2014 -96, Resolution of the Columbia Heights City Council Affirming the Use of Special Projects Funds for Redevelopment Activities. 10. ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager Report of the City Attorney 11. 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. 12. ADJOURNMENT G :b-Ql Kelli Bourgeois HR Director / Assistant to the City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 24, 2014 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY NOVEMBER 24, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA LCALL TO ORDER Mayor Peterson called the meeting to order at 7:07 pm. 2.ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt and Williams, Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Gary Gorman, Fire Chief; Renee Dougherty, Library Director; Joe Kloiber, Finance Director; Katie Bruno, Council Secretary. 1INVOCATION Invocation provided by Pastor Dan Thompson, Heights Church 4.PLEDGE OF ALLEGIANCE Recited 5.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.) City Manager Walt Fehst acknowledged Pastor Dan Thompson, noting that he along with other city church leaders met earlier with Congressman Keith Ellison at Crestview Senior Community. The meeting provided a time for conversation regarding some of the at -risk youth in our community. Funding was requested to construct a small community /youth center in the Circle Terrace neighborhood. Mayor Peterson reported that A Taste of Heights; held on Friday November 21 st was a success. 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of new full -time library employee Renee Rewitzer (Clerk Typist II — Adult Services). Renee Dougherty, Library Director introduced Renee Rewitzer. Director Dougherty reported Ms. Rewitzer has been employed with the City since 2008, and recently was hired as the full time Clerk Typist II. Ms. Rewitzer stated that she is very happy working at the library. Councilmember Nawrocki introduced recently elected Councilmember John Murzyn Jr. Mr. Murzyn expressed his gratitude to the citizens, and indicated he is looking forward to serving on the Council. Page 2 of 6 7.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 the City Council MOTION: Move to approve the minutes of the City Council meeting of November 10, 2014. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Library Board minutes of October 1, 2014. MOTION: Move to accept the Charter Commission minutes of October 16, 2014. C. Approval of the attached list of rental housing licenses MOTION: Move to approve the items listed for rental housing license applications for July 28, 2014 in that they have met the requirements of the Property Maintenance Code. D. Reissue rental license *Removed for Discussion. MOTION: Move to reissue a rental- housing license to John Bartels to operate the rental property located at 4427 -4429 Main Street N.E. in that the provisions of the Property Maintenance Code have been complied with. E. Adopt Resolution 2014 -86 approving Mutual Aid Agreement between Fire Department and Minnesota DNR *Removed for Discussion. MOTION.- Move to waive the reading of Resolution No. 2014 -86, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2014 -86, being a Resolution authorizing a Fire Department mutual aid agreement with the Minnesota Department of Natural Resources. F. Transfer of funds for reimbursements from General Fund to Fire Department Budget. MOTION: Move to transfer from the General Fund, $5849.60 from the MBFTE and $1100.00 from the EMSRB to line item #3105, $5400.00 from the Centennial Fire District to line item #3050, $3200.00 from the Centennial Fire District and $2500.00 from CenterPoint Energy to line item #2173, of the Fire Department 2014 budget. G. Establish John P. Murzyn Hall rental rates for 2016. MOTION: Move to adopt the 2016 John P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of October 22, 2014. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 24, 2014, as presented. I. Consideration of Resolution 2014 -85, being a resolution establishing elil gibiliU standards for senior citizen utility rates. *Removed for Discussion. MOTION.- Move to waive the reading of Resolution 2014 -85, there being ample copies available to the public. MOTION.- Move to adopt Resolution 2014 -85, being a resolution establishing eligibility standards for senior citizen utility rates. 6 Page 3 of 6 J. Payment of Bills 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 154605 through 154781 in the amount of $ 718,671.70. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: D, E and I. Motion by Councilmember Williams, , seconded by Councilmember Schmitt to approve Consent Agenda items A,B, CF, G,H,J. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for Discussion: Councilmember Nawrocki asked why there are five Sam's Club membership cards. Director of Parks & Recreation Keith Windschitl explained that the Parks Department has three membership cards; all of which are used for different programs. It has been determined that it works best to have separate membership cards. Councilmember Nawrocki stated he thinks that is costly. D. Reissue rental license Councilmember Nawrocki questioned the problems that were corrected. Fire Chief Gary Gorman explained there were many items that were brought into compliance following the revocation. Motion by Councilmember Williams, seconded by Councilmember Schmitt to reissue a rental - housing license to John Bartels to operate the rental property located at 4427 -4429 Main Street N.E. in that the provisions of the Property Maintenance Code have been complied with. All Ayes, Motion Carried. E. Adopt Resolution 2014 -86 approving Mutual Aid Agreement between Fire Department and Minnesota DNR Councilmember Nawrocki asked for clarification regarding the agreement. Chief Gorman explained that the original agreement dates back to 2009, allowing mutual aid according to an agreed upon fee schedule. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution No. 2014 -86, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution No. 2014 -86, being a Resolution authorizing a Fire Department mutual aid agreement with the Minnesota Department of Natural Resources. All Ayes, Motion Carried. I. Consideration of Resolution 2014 -85, being a resolution establishing eligibility standards for senior citizen utility, rates. Page 4 of 6 Councilmember Nawrocki asked what the dollar amount is of the benefit. Finance Director Joe Kloiber explained that the reduced fee is applied to the fixed /flat rate only, not the usage fee. The benefit is available to residents over 62 years old, and meeting a certain income threshold. The current eligibility income threshold is $33,000 the proposed 2015 income threshold is $33,300. Kloiber stated he can provide the dollar amount in the future, noting tonight's item is to adjust the eligibility threshold. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2014 -85, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to to adopt Resolution 2014 -85, being resolution establishing eligibility standards for senior citizen utility rates. All Ayes, Motion Carried. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. Request authorization to purchase Fire Department pumper. Fire Chief Gorman gave an overview of the process that was involved in the selection of the proposed unit. The International brand chassis was picked for many reasons. The International is one of the top brands being used for fire apparatus and has an excellent history as a general truck chassis and as a fire pumper. Councilmember Williams asked what the City will do with the old truck. Chief Gorman stated we will likely sell it for an estimated $15,000- $20,000. Councilmember Schmitt expressed concern with the size of the transmission, and suggested looking at a larger one. Chief Gorman responded stating he did look at various combinations of horsepower /engine size, and it was determined that this was appropriately sized. Councilmember Nawrocki asked how much was budgeted for the pumper. Chief Gorman explained that the estimated final cost is $488,920.00, while $600,000. 00 was budgeted. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to authorize the purchase of one new International 7400 4 -door truck chassis in the amount of $96,800. 00 and one Rosenbauer Heavy Duty EXT Pumper body with equipment and equipment mounting in the amount of $392,120.00 from Rosenbauer Minnesota LLC of Wyoming, Minnesota and that the Mayor and City Manager are authorized to enter into a contract for same. All Ayes, Motion Carried. C. New Business and Reports 10. ADMINISTRATIVE REPORTS Councilmember Nawrocki referred to a letter received from the Community Development Department indicating there was an excess increment in the Sheffield TIF District. Nawrocki asked if the refund can be used to reduce the 2015 levy. Manager Fehst commented that it will be put in the Fund Balance, and the budget will remain as presented. Page 5 of 6 Councilmember Nawrocki stated that he sees this as one way to reduce the proposed levy, citing many properties where taxes have increased up to 35 %. City Manager Fehst clarified that many property values have increased this year, citing that as a contributor in the increase in taxes. It was reported that the City has requested 3.25 % more than in 2014 to run the City. Mayor Peterson suggested looking at these questions closer at the December 1St scheduled Budget Meeting. Councilmember Nawrocki requested that staff look into using Direct TV instead of Comcast for the City's broadcasting purposes. Councilmember Schmitt asked for an update regarding the Library Task Force. Manager Fehst reported that the application process has just begun. Fehst stated that he will provide the council with a preliminary construction schedule for the library, noting the site will likely be selected at the December 8t" meeting. There may be a possibility for up to $600,000 in funding from the MWMO Partnership for Education Resources, if the Burger King site is selected. Councilmember Nawrocki suggested the council discuss the expectations of the task force. Mayor Peterson reported that he has been in contact with Earl Bakken's secretary, and has received permission to name the library the "Earl Bakken Public Library of Columbia Heights." Councilmember Nawrocki has also contacted Mr. Bakken, as he was his Sunday school teacher at First Lutheran Church. Mayor Peterson reminded all to keep our servicemen and women in their prayer, and to consider doing a random act of kindness. 11. CITIZENS FORUM There were no citizen's desiring to speak. 12. ADJOURNMENT Meeting adjourned at 8:19 p.m. Respectively Submitted Katie Bruno, City Clerk 2014 -85 ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: Page 6 of 6 NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a household income of $33,300 or less will be eligible for reduced utility rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2015. 2014 -86 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, The State of Minnesota, as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4, allows the Department of Natural Resources (DNR) to enter into cooperative agreements with Municipalities, and; WHEREAS, The Commissioner of the Department of Natural Resources is requesting a Cooperative Fire Protection Agreement with Anoka County fire departments to provide assistance only when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a cooperative agreement with the State of Minnesota, Department of Natural Resources in the prevention and suppression of wildland fires as authorized under M.S. 88.04 and hereby authorize the Mayor to sign such an agreement. 10 Official Proceedings City of Columbia Heights City Council PUBLIC IMPROVEMENT HEARING: 2015 SEAL COAT IMPROVEMENT PROGRAM December 1, 2014 6:30 P.M. THE FOLLOWING ARE THE MINUTES FOR THE PUBLIC IMPROVEMENT HEARING MEETING OF THE CITY COUNCIL HELD AT 6:30 PM ON MONDAY DECEMBER 1, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call Present: Mayor Peterson, Councilmembers Diehm, Schmitt, Nawrocki, Williams Also Present: Walt Fehst, City Manager; Kevin Hansen, Public Works Director; Kathy Young, Assistant City Engineer; Barb Thomas, Assessing Clerk; Kelli Bourgeois, HR Director /Assistant to the City Manager; Katie Bruno, City Clerk/Council Secretary. Street Seal Coat Proiect Director of Public Works Kevin Hansen explained that the City's seal coating program is on a 6 -10 year schedule. It was reported that the cost estimate is unchanged from the last two years. Director Hansen reported that the purpose of the meeting is to determine whether or not to proceed with the project; noting neither assessments nor interest rates will be considered tonight. John Barnes -3722 Quincy St NE expressed concern with being charged twice; as his property is on a corner. Director Hansen explained that all residents pay both a street and avenue assessment; the short side of the lot is assessed the street rate, and the long side of the lot pays the avenue rate. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the Public Hearing and waive the reading of Resolution 2014 -89, there being ample copies available to the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Diehm to adopt Resolution 2014- 89, being a resolution ordering improvement and preparation ofplans for Zone 7A Street Seal Coating, City Project 1301. All Ayes. Adjournment Meeting adjourned at 6:43 PM Respectively Submitted, Katie Bruno, City Clerk/Council Secretary it RESOLUTION 2014 -89 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE 7A STREET SEAL COATING CITY PROJECT 1301 WHEREAS, pursuant to Resolution 2014 -81, adopted by the City Council on November l Ot ", 2014, fixed a date for a Council hearing on the proposed improvements in the Zone 7A area bounded by University Avenue and Central Avenue from 37"' Avenue to 40th Avenue. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 1St day of December, 2014, at which time all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That the location and extent of such improvements is as follows: Lookout Place Summit Street 5t" Street Madison Street 38t" Avenue 380' Avenue 38th Avenue 38t" Avenue 38t" Place Summit Street to Proft Place Lookout Place to 5"' Street 37th Avenue to 38tt' Avenue 37t'' Avenue to 38t" Avenue 5t" Street to Dead End Cul -de -sac to Madison Place Madison Place to Dead End Dead End to Quincy Street Madison Street to Dead End Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application. 2. Such improvement is necessary, cost - effective and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 10"' day of November, 2014. 4. These improvements shall also be known as Project No. 1301 and PIR: 2015 -Z7 -01 -001. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 12 Official Proceedings City of Columbia Heights City Council PUBLIC IMPROVEMENT HEARING: 2015 STREET REHABILITATION PROGRAM FOR ZONE 1 December 1, 2014 6:45 PM THE FOLLOWING ARE THE MINUTES FOR THE PUBLIC IMPROVEMENT HEARING MEETING OF THE CITY COUNCIL HELD AT 6:45 PM ON MONDAY DECEMBER 1, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call Present: Mayor Peterson, Councilmembers Diehm, Schmitt, Nawrocki, Williams Also Present: Walt Fehst, City Manager; Kevin Hansen, Public Works Director; Kathy Young, Assistant City Engineer; Barb Thomas, Assessing Clerk; Kelli Bourgeois, HR Director /Assistant to the City Manager; Katie Bruno, City Clerk/Council Secretary. Street Rehabilitation Projects Director of Public Works Kevin Hansen gave an overview of the proposed scope of work; explaining that 4t1i St from 40"' Ave to 42"d Ave would be fully reconstructed and 41 st Ave from Central Ave to the cul -de -sac would be milled and overlaid. It was reported that inflation has resulted in an increase in the estimated costs. The proposed cost per parcel for 0h St is approximately $3,700. The mill and overlay costs have also increased substantially. Councilmember Nawrocki questioned why there are four different parcel rates for 4th Street. Director Hansen offered an explanation of the parcel rates; including residential, non - residential (street or avenue rates) and apartments & churches. Councilmember Nawrocki asked about the last time these streets were worked on. Director Hansen reported that 4th Street was seal coated in 2003, and 41" was seal coated in 2006. Mike and Tiera Rozman the owners of the apartment building on 4th Street questioned what criteria was used to determine the need for the project. Director Hansen explained the City's process in determining the condition index. Hansen explained that streets are rated, and based on those findings recommendations are made to the City Council. Mr. Rozman stated he thinks the street is in good condition, and the project is not necessary at this time. Ms. Rozman stated she recalls the street being seal coated more recently than in 2004. Director Hansen stated he will provide the findings of the condition index to the Rozman's as well as confirming the last seal coat project. Councilmember Schmitt stated that there was significant patch work completed in 2012. Councilmember Nawrocki reported that he went out to examine the proposed roads. Although two were ice covered, the others did not seem to be in bad shape. Director Hansen explained that the City is attempting to extend the life of the streets. City Manager Fehst commented that it is cost effective to maintain the streets. Cliff Shedlov -1000 41St Ave stated that he supports the project on 41St Motion by Councilmember Diehm, seconded by Councilmember Williams to close the Public Hearing and waive the reading of Resolution 2014 -88, there being ample copies available to the public. All Ayes. 13 Motion by Councilmember Williams, seconded by Councilmember Diehm to adopt Resolution 2014- 88, being a resolution ordering improvements and preparation of plans for Zone I Street Rehabilitation, City Project 1502. All Ayes. Adjournment Meeting adjourned at 7:09 PM Respectively Submitted, Katie Bruno, City Clerk/Council Secretary RESOLUTION 2014 -88 BEING A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR ZONE 1 STREET REHABILITIATION CITY PROJECT 1502 WHEREAS, Resolution 2014 -80 of the Columbia Heights City Council adopted the 10th day of November, 2014, fixed a date for a Council hearing on the proposed improvement bounded by Central Avenue on the west, Reservoir Boulevard/Johnson Street on the east, 37th Avenue on the south, and 47th Avenue on the north, together with 4th Street from 40th Avenue to 42nd Avenue. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 1St day of December, 2014, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the location and extent of such improvements is as follows: FULL STREET RECONSTRUCTION 4th Street, 40th Avenue to 42 Avenue Work includes required utility reconstruction/repair, new granular sub -base if needed, new aggregate base, new concrete curb and gutter with driveway aprons, new bituminous surfacing, required concrete or bituminous driveway and walk/step replacement, sod restoration, miscellaneous construction items, and appurtenances. STREET MILL AND OVERLAY 41St Avenue, Central Avenue to Cul -de -sac Work includes required utility reconstruction/repair, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, milling of existing street surface, new bituminous surfacing, sod restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 10th day of November, 2014. 4. These improvements shall also be known as Project 1502 and PIRs: 2015 -Z1 -02 -001 for Full Street Reconstruction, and 2015 -Z1 -44 -001 for Street Mill and Overlay. 14 The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 15 Official Proceedings City of Columbia Heights City Council PUBLIC IMPROVEMENT HEARING: 2015 STATE AID STREETS REHABILITATION PROGRAM December 1, 2014 7:00 PM THE FOLLOWING ARE THE MINUTES FOR THE PUBLIC IMPROVEMENT HEARING MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY DECEMBER 1, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call Present: Mayor Peterson, Councilmembers Diehm, Schmitt, Nawrocki, Williams Also Present: Walt Fehst, City Manager; Kevin Hansen, Public Works Director; Kathy Young, Assistant City Engineer; Barb Thomas, Assessing Clerk; Kelli Bourgeois; HR Director /Assistant to the City Manager; Katie Bruno, City Clerk/Council Secretary. Street Rehabilitation Project Director of Public Works Kevin Hansen gave an overview of the proposed scope of work. It was explained that a mill and overlay is proposed, the only change from the 2013 proposal is the Council's change to the assessment policy, a 30% reduction in the assessed amount based on findings of completed traffic counts. Julie Blanche -1328 44th Ave questioned the assessment policy for 40th Ave, Central Ave and University Ave. Director Hansen explained that the State paid for a recent project University, a recent city project on Central Ave was assessed. It was reported that 40th Ave is a county road, and would fall under the county policy; reconstruction would be assessed. Ms. Blanche stated she feels in fairness the county should pay for 44th Ave as well. Brian Harper -142144 th Ave commented that traffic counts did not differentiate types of traffic, noting there is a lot of commercial traffic. Director Hansen explained that there were traffic counters placed on the roadway, and individuals hand counting trucks. Director Hansen explained the City's assessing policy, noting the 30% additional subsidy is based on traffic volume. Ms. Blanch commented that 30 % is not enough of a subsidy to compensate for the noise and traffic. Mayor Peterson commented that the City is trying to make things as fair as possible for all residents. Councilmember Nawrocki stated that he does not think the residents on 44th Ave are being treated fairly, commenting that state aid funds should be used for the purpose of maintaining state aid streets. Motion by Councilmember Nawrocki to move that 44`x' Ave not be assessed as proposed and be paid for with state aid money. Motion failed for lack of a second. Councilmember Schmitt noted that Director Hansen and Assistant City Engineer Kathy Young have done a good job, and have tried to keep things fair for all residents. Schmitt reported that some of the state aid money has been set aside for other projects. This fund is being depleting rapidly, and by cost sharing the assessments, it allows the City to continue with other projects. 16 Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the Public Hearing and waive the reading of Resolution 2014 -87, there being ample copies available to the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2014 -87, being a resolution ordering improvements and preparation of plans for 2015 State Aid Street Rehabilitation, City Project 1505. 4 Ayes, I Abstention, Motion Carried. Ayes: Peterson, Diehm, Williams, Schmitt. Abstention: Nawrocki Adjournment Meeting adjourned at 7:45 PM Respectively Submitted, Katie Bruno, City Clerk/Council Secretary RESOLUTION 2014 -87 BEING A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR STATE AID STREET REHABILITATION CITY PROJECT 1505 WHEREAS, Resolution 2014 -82 of the Columbia Heights City Council adopted the 10t" day of November, 2014, fixed a date for a Council hearing on the proposed improvements for certain Municipal State Aid Streets; AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 1St day of December, 2014, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: STREET MILL AND OVERLAY 44t" Avenue, Tyler Place (S) to Reservoir Boulevard Reservoir Boulevard, 44th Avenue (W) to 44t" Avenue (E) Work includes required utility reconstruction/repair, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, milling of existing street surface, new bituminous surfacing, sod restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 10"' day of November, 2014. 17 4. These improvements shall also be known as Project 1505 and PIR: 2015 -SA -44 -001 for State Aid Street Mill and Overlay. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 18 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: December 1, 2014 Time of Meeting: 7:00 PM Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION CALL TO ORDER/ROLL CALL The meeting was called to order at 7:54 PM Present: Mayor Peterson, Council Member Nawrocki, Council Member Schmitt, Council Member Diehm, Council Member Williams, City Manager Walt Fehst, Public Works Director Kevin Hansen, Finance Director Joseph Kloiber, HR Director /Assistant to the City Manager Kelli Bourgeois, Library Director Renee Dougherty, City Clerk/Council Secretary Katie Bruno 1. Library Site Selection Manager Fehst asked the council give direction on their preferred site for the library. Mayor Peterson reported that the majority of people he has talked to have favored the former Burger King site. Petersen noted that he has obtained permission to name the library the "Earl Bakken Public Library of Columbia Heights." Because of the connection Bakken had with the Heights Theater; this seems to be a great connection. Councilmember Nawrocki stated that he has also contacted Earl Bakken, and suggested waiting to see if we receive a response from him before deciding on the name of the library. Mayor Peterson stated that the motivation for the naming of the library is not monetary. Councilmember Diehm agreed that she would like to honor the work of Mr. Bakken, and his Columbia Heights origins. Director Hansen stated he will add the suggested location and the authorization to seek RFP for the project to the December 8h agenda. Hansen reported that the MWO is an eager partner in the library. Councilmember Nawrocki questioned the criteria we will be looking for in the RFP. Director Hansen suggested bringing the Library Design Task Force to be involved in the selection process. Manager Fehst commented that the financial piece is self - imposed at $8,500,000. Councilmember Nawrocki stated he would like to see task force members from the community, not necessarily just those that were part of the library task force. 2. Water Main Clean & Line — 5 3 r Program Director Hansen reported this program has been done annually since 2005. For 2015, the program would be increased to 7,005 lineal feet to address continued water quality issues in our distribution system. This annual footage will push the extent of what Public Works can accomplish in -house without outside contracting for the program. City staff conducted a random survey following the completion of the projects with positive comments received from the residents. The newly lined pipe should provide another 40 or more years of service. Councilmember Nawrocki questioned the proposed cost. Hansen stated the estimated cost is between $350,000 and $365,000 (paid through utility rates -not directly assessed.) 19 3. Splash Pad consultant Proposals Director Hansen reported that two proposals were received, and is recommending the council award the contract to Stantec. The estimated cost is $400,000; of which $350,000 is construction costs, and the remaining to be used for design costs. The splash pad would be installed at Huset Park, about 100 feet west of the existing wading pool. Councilmember Nawrocki asked about bringing the current wading pools into compliance. Hansen stated it would cost $75,000 to bring the pools to ADA compliance, not including additional required filtration repairs. Manager Fehst reported that residents would like to keep at least one wading pool, in the north end open as long as allowed. 4. Sanitary Sewer I /I: Service Line Televising Director Hansen reported that under the original 1/I Program, the City focused reduction measures on the public system by lining the mains, replacing manholes and changing out castings. While we did see significant reductions in clear water flow, it did not achieve flow below our MCES established thresholds. This supports our belief that a significant contribution of 1/I is coming from private sources, most likely foundation drains. There are two ways to investigate for foundation drains; by smoke testing and televising sewer services from inside the home to the main. Based on the flow testing report conducted in 2013 in Collection District 3, staff recommends televising the sanitary service lines in the two sub - districts which are serviced by the Chatham and Silver Lake Lift Stations. Staff obtained two verbal quotes from plumbers who would conduct televising, and provide a DVD of each home. Those costs ranged from $200 to $250 per service line. Director Hansen reported this would be voluntary participation, with the cost being covered by the City's Sanitary Sewer Fund. Finding will be reported to the Council to determine further action. 5. Infrastructure CIP Director Hansen distributed the Capital Improvement Plan Book, detailing the five year plan for the City's infrastructure. It was noted that buildings and parks will be added at a later date. 6. Appointment of Bruce Evans to the Park & Recreation and Jennifer Tuder to the Public Arts Commission Mayor Peterson suggested that Charlie Oribamise be contacted to see if he would be interested in serving on the Library Design Task Force. The council suggested limiting the number of members appointed the task force to nine or ten. 7. 2015 Budget Discussion City Manager Fehst reported the City has recommended an overall increase of 2.25% increase in expenditures, in order to have as little dependence on LGA/Fiscal disparities as possible, we are asking the council to increase the levy by 3.25 %. Manager Fehst reported that assessed market value is increasing an average of 29 -30% for single family homes; noting this is a rapid jump to compensate for a few years of lower values. This could cause substantial increase in property taxes, noting this is not related to the City's 3.25% levy. Manager Fehst looked into the suggestion of adding the $113,000 received from closing of the Sheffield TIF district back into the budget. 20 Finance Director Kloiber reported that using one -time funds for an on -going need is not advisable. If this was done, taxpayers would see an estimated $13 annual decrease in the first year, noting that would have to be recovered in following years. Manager Fehst explained that a five year budget alleviates dramatic changes. Councilmember Williams asked how much the City expects to receive from the sale of Parkview Villa. It was reported that the estimated amount is $800,000, and is required to be used towards housing. Councilmember Nawrocki questioned whether the two school district levies were included in the Property Tax Statements. Director Kloiber reported that he will confirm if both of the levies were certified. Councilmember Nawrocki expressed concern that social security has had limited increases, likely making in difficult for those residents to pay the increased property taxes. Nawrocki suggested putting the $113,000 for the Sheffield TIF district back into the budget. Fehst reminded the council that would affect the City's fiscal disparities. Director Kloiber distributed a chart detailing different tax classes in the community. Kloiber explained the various changes in market value, noting single family homes saw increases, while commercial and multi - family units saw a significant decrease in taxes. Meeting adjourned at 9:18 PM. Respectively Submitted, Katie Bruno, City Clerk 21 DRAFT MINUTES OF PLANNING AND ZONING COMMISSION DECEMBER 2, 2014 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Kinney, and Szurek. Members Absent: Lee and Fiorendino Also present were Loren Wickham (Asst. Community Development Director), Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, Bobby Williams. Motion by Little, seconded by Kinney, to approve the minutes from the meeting of September 3, 2014. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2014 -1201A APPLICANT: Randy Rauwerdink, Venture Pass DEVELOPMENT: Central Gateway Plaza LOCATION: 5220 Central Avenue NE REQUEST: Site Plan Approval Randy Rauwerdink, representing Venture Pass Partners is requesting Site Plan Approval for the property located at 5220 Central Ave. NE. Venture Pass Partners is proposing to renovate the existing vacant building to create a multi - tenant commercial retail facility. Additionally, the applicant is requesting to subdivide and plat the existing lot into two lots of record to allow for a second freestanding restaurant to be constructed on the southern portion of the lot. ZONING ORDINANCE The property located at 5220 Central Ave. NE is located in the General Business (GB) Zoning District. The properties to the north, south and west are located in the General Business (GB) Zoning District and the properties to the east are located in the City of Fridley and consist of commercial uses. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Renovating the existing vacant building to accommodate a multi- tenant commercial retail facility and constructing a freestanding restaurant on the property is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new 22 Planning & Zoning Minutes Page 2 December 2, 2014 construction along Central Avenue and 401h Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. The following components are requirements of the Design Guidelines Highway District: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. • Building height shall be a minimum of 22 feet. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. • The building should have a well- defined front facade with primary entrances facing the street. • Building colors should accent, blend with, or complement surroundings. • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. • All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of the building wall. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year - round basis while providing adequate visibility for pedestrians. In general, both of the proposed buildings meet the design guidelines. Since the building to the north will be renovated on the location of the previous building on the site, the parking will be located in the front of the building. The new building on the southern portion of the property will have parking in the front and rear. Signage will be addressed when the applicant or tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1. Parking According to City Code, commercial uses such as retail sales are required to provide 1 parking stall per 300 square feet of gross floor area. According to the site plan, the combined square footage for both the existing and newly constructed building will total 10,873 gross square feet, making the requirement for this development is 36.24 parking stalls. The proposed development will have 57 parking stalls, and meets the parking requirement outlined in the City's code. 23 Planning & Zoning Minutes Page 3 December 2, 2104 2. Access Currently, the site has access from TH 65 /Central Avenue. I have attached the Minnesota Department of Transportation's Review Letter for further reference. FINDINGS OF FACT 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. 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. Renovating the existing vacant building to accommodate a multi - tenant commercial retail facility and constructing a freestanding restaurant on the property 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. The proposed renovation of the existing building and construction of a freestanding building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the Site Plan Application for this project. Questions from members: Little questioned whether the planned changes to the existing building, including the windows, will meet the Design Guidelines. Holmbeck stated the requirements would all be met. Little expressed his appreciation that the package was so detailed and complete which eliminated the number of questions he had. Kinney asked if the windows would be transparent, regular windows. Randy Rauwerdink, VP from Venture Pass stated they would be. Kinney then asked about the landscaping planned for the site. Holmbeck responded that shade trees, evergreens, ornamental trees and shrubs would be added to the site as depicted on page L101 of the submitted plans. Kinney questioned whether there was adequate parking behind the building for deliveries, and access to the rear of this building as well as to the separate building in the rear that Herringer operates his business out of. She wondered whether they would have to share parking areas. Holmbeck and Herringer stated there are separate parking areas for each building and that access will not be a problem. 24 Planning & Zoning Minutes Page 4 December 2, 2014 Little then asked Rauwerdink if the building was being built on speculation or if tenants were already lined up. Rauwerdink stated they are in active discussion with several possible tenants, but cannot disclose their identities at this time as nothing has been actually signed. Rauwerdik explained to members that the front of the existing building will be remodeled that will include new windows and stone work. The south end will also have some windows added, but none on the north side due to maintaining the structural integrity of the building. Landscaping will be added to the north side to improve the appearance. The driveways and accesses to the properties will be maintained and are protected through recorded easements. Trash receptacles will be located on the lower level behind the building to hide it from view. The use of the lower level will continue to be used by Herringer as well as the old Comcast building located behind this building. Kinney asked when construction would begin. He replied they are hoping to break ground by spring. Public Hearing Opened. No one was present to speak on this issue. Public Heariniz Closed. Motion by Kinney, seconded by Little, to waive the reading of Resolution No. 2014 -PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Kinney, seconded by Little, to adopt Resolution No. 2014 -PZ04, being a resolution approving the site plan for the Central Gateway Plaza, subject to the following conditions: 1. Applicant must meet the requirements outlined in the attached report from Public Works Director, Kevin Hansen. 2. Applicant must submit for review, elevation drawings for the proposed second freestanding building. The elevation drawings shall be similar in style and design as the proposed renovated building. Staff will review the drawings and ensure they meet the requirements of the zoning code and the Design Guidelines. 3. Applicant must meet the requirements outlined in the attached report from the Minnesota Department of Transportation. All ayes. MOTION PASSED. 25 Planning & Zoning Minutes Page 5 December 2, 2014 RESOLUTION NO.2014 -PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE RENOVATION AND CONSTRUCTION AT THE CENTRAL GATEWAY PLAZA LOCATED AT 5220 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2014 -1201) has been submitted by Randy Rauwerdink, of Venture Pass Partners, to the Planning and Zoning Commission requesting site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5220 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new commercial freestanding restaurant and the renovation of the existing building on the property. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 2, 2014; 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 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 site plan and approval; and in granting this site plan the city and the applicant agree that this site plan approval 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. Applicant must meet the requirements outlined in the attached report from Public Works Director, Kevin Hansen. 26 Planning & Zoning Minutes Page 6 December 2, 2014 2. Applicant must submit for review, elevation drawings for the proposed second freestanding building. The elevation drawings shall be similar in style and design as the proposed renovated building. Staff will review the drawings and ensure they meet the requirements of the Zoning Code and the Design Guidelines. 3. Applicant must meet the requirements outlined in the attached report from the Minnesota Department of Transportation. Passed this 2nd day of December, 2014 Offered by: Kinney Seconded by: Little Roll Call: All Ayes Attest: Shelley Hanson Secretary CASE NUMBER: APPLICANT: LOCATION: REQUEST: Marlaine Szurek, Chair 2014 -1201B Randy Rauwerdink, Venture Pass 5220 Central Avenue NE. Preliminary /Final Subdivision Plat At this time, the applicant has requested a Preliminary & Final Subdivision Plat per Code Section 9.104 (L) & (M), for the property located at 5220 Central Avenue NE. The applicant wishes to split the existing lot into two commercial lots. The Preliminary Plat and Final Subdivision Plat would allow the current unused lot to become financially viable and open for the development of a freestanding commercial restaurant on the southern portion of the lot and the renovation of the existing building on the northern portion of the lot. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial, which is the proposal for this site. ZONING ORDINANCE The property located at 5220 Central Avenue NE is located in the General Business (GB) Zoning District. The properties to the north, south and west are located in the General Business (GB) Zoning District and the properties to the east are located in the City of Fridley and consist of commercial uses. 27 Planning & Zoning Minutes Page 7 December 2, 2014 DESIGN GUIDELINES The subject property is located within the Design Guidelines Overlay District and is governed by the "Highway District" standards within the Design Guidelines. I have referenced the requirements in Planning Report (1). FINDINGS OF FACT (Minor Subdivision/Lot Split) Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City code Section 9.115. This is correct (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat. They are as follows: (a) The Final Plat substantially conforms to the corresponding preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of City Code Section 9.115. This is correct. Staff recommends the Planning and Zoning Commission approve the proposed Preliminary and Final Subdivision Plat request made by Randy Rauwerdink of Venture Pass Partners for the property located at 5220 Central Avenue NE. Questions from members: Kinney asked if they are splitting this into two parcels because it will be two separate owners. Rauwerdink stated it is because it will be two separate buildings so it should be on two separate parcels for tax purposes. He said it may one day have two separate owners but that is not the reason for the split. 28 Planning & Zoning Minutes Page 8 December 2, 2014 Little asked how many accesses there are to this property. It was noted that there is one off 53'd Avenue that comes up through US Bank property —there is one off Central Ave in front of US Bank —there is one off Central between US Bank and 5220 Central and an access at the controlled intersection at 52"d Avenue. The entrances and drive isles are shared by all the businesses from 5150 to US Bank as there is no official service road to access the business sites. Little then asked what the setback of the existing structure would be from the new lot line. Holmbeck said the existing building will be 5 feet from the lot line and the two buildings will be separated by 25 feet to accommodate a drive thru for the new building. Kinney asked if the storm water plan would cover both properties. Holmbeck said the Public Works Director had reviewed this and his comments were included in the report provided to members and did cover the entire site. Public Hearing Opened. David Lu, the owner of the mall from 5150 -5176 Central Avenue stated he is concerned with increased traffic congestion at the controlled intersection at 52"d Avenue which is the entrance for customers to access his mall. Little asked him if he had suggestions to improve the traffic flow. Little thought this access was better than most businesses have since it does have a stop light to help control the incoming and out -going traffic. Lu suggested widening the entrances off Central Avenue, and not to build the new separate building. Little said the new building has already been approved in the previous case and motion. He went on to say that MnDot reviewed these plans and made their comments. Any additional accesses or changes to existing ones have to be approved by MnDot. He went on to say that these accesses served all the businesses in years past when this building was open for business and there never seemed to be a huge problem. He also told Lu that he probably will benefit from the increased traffic and the redevelopment next to him as more people will notice tenants in his mall also. Szurek asked Lu about his pylon sign and thought that a monument sign was required by our code. Lu stated the sign company applied for the permit and it was approved by staff. Szurek stated if the sign were moved to a different location on the site it would allow more room for better traffic flow. Public Hearing Closed. Motion by Little, seconded by Kinney, to waive the reading of Resolution No. 2014 -90, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Little, seconded by Kinney, that the Planning and Zoning Commission recommends that the City Council approve the Preliminary and Final Subdivision Plat for the property located at 5220 Central Avenue NE. subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 29 Planning & Zoning Minutes Page 9 December 2, 2014 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved Preliminary Plat and Final Subdivision Plat shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. All ayes. MOTION PASSED. The following Resolution will go to the City Council December 8, 2014. RESOLUTION NO. 2014-90 RESOLUTION APPROVING A PRELIMINARY PLAT AND FINAL SUBDIVISION PLAT FOR 5220 CENTRAL AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2014 -1201) has been submitted by Randy Rauwerdink of Venture Pass Partners to the City Council requesting Preliminary Plat and Final Subdivision Plat approval from the City of Columbia Heights at the following site: ADDRESS: 5220 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Preliminary Plat and Final Subdivision Plat for the property located at 5220 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 2, 2014; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Preliminary Plat and Final Subdivision Plat 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 City Council accepts and adopts the following findings: (a) The proposed Preliminary Plat conforms to the requirements of City code Section 9.115 (b) The proposed subdivision is consistent with the Comprehensive Plan. Planning & Zoning Minutes Page 10 December 2, 2014 (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. (d) The Final Plat substantially conforms to the corresponding preliminary Plat. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Preliminary Plat and Final Subdivision Plat and approval; and in granting this Subdivision the city and the applicant agree that this request shall become null and void if the subdivision has not been filed with the Anoka County Recorder's Office within one (1) calendar near after the approval date. ONDITIONS ATTACHED: The Planning Commission approves the Preliminary Plat and Final subdivision Plat for 5220 Central Avenue NE. subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. Other New Business A. Updated Single Family Rental Map and Foreclosure Map Holmbeck passed out maps showing the number of properties that have rental licenses and the properties that have been through the foreclosure process since 2007. Little asked if there was a cap on the number of rentals we could have in the city. Holmbeck stated there was not a cap. He then asked if the Huset Park Association had a cap on the number and was told there is a 5% cap and that an approval letter from the Association is required to get a rental license. 31 Planning & Zoning Minutes Page 11 December 2, 2014 B. League of MN Cities Land Use Training Update Wickham reminded members he had sent an e-mail regarding an on -line course the City would like them to take at their convenience. He told them he would like to see the class completed by January 1 st if at all possible. He will have the information re -sent to each member and told them it would take about an hour of their time. Wickham explained the City receives reduced rates for Insurance that covers any type of land use claims that could potentially occur. C. Sarna's Sign Kinney appreciates Sarna's Business in our City, however she has a concern over their illuminating signage. She feels it is way too bright and a distraction to traffic. Little agreed with Kinney and said it is actually to the point of being dangerous. Holmbeck told members they have been receiving a lot of complaints about the signage recently. She said a letter was sent to them earlier in the year to tone down the sign and that they contacted a company who supposedly brought the sign into compliance, but it appears to have changed again. Members felt the white and green background were especially offensive and should be eliminated totally. Holmbeck said staff would address this matter with Mr. Sarna again. D. 4001 University Avenue There again seems to be a lack of progress on this project. Members want the owner and contractor put on notice again that they need to continue with this project or the City will have to take action to remedy the problem. Little suggested the City require Performance Bonds or Proof of Funding for future projects to eliminate situations such as this one has been. E. Comprehensive Plan Kinney asked when the process will begin to update the Comp Plan. Wickham told her that a memo was given to members just to notify them that we will have to undertake this project over the course of the next few years. He said the real process begins in 2016. It was noted the next meeting would be Tuesday, January 6, 2014. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary 32 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved BOARD OF TRUSTEES 12/3/2014 MINUTES 4 1 1 November 5, 2014 The meeting was called to order by Chair Patricia Sowada at 6:33 p.m. Members present were: Catherine Vesley, Steve Smith, Patricia Sowada, and Barbara Tantanella. Also present: Council Representative Tami Diehm, Library Director Renee Dougherty and Recording Secretary Renee J. Rewitzer. Not present: Nancy Hoium. The minutes of the October 1, 2014 Board meeting were approved as mailed. The bill list dated 10/1/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 10/8/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 10/15/2014 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. 2014 Budget expenditures through October were reviewed. The Library Board welcomed Renee Rewitzer to the position of Recording Secretary. Old Business: None New Business: 1. Election results were discussed. A list of six potential library architects was passed around and Catherine Vesley offered to get in touch with Gerald Olson, retired executive from Hammel, Green and Abrahamson / (HGA) to review potential library architects and offer his professional opinion of each. 2. Potential names for a library planning committee were discussed. Sowada made the motion to nominate Vesley to be on the planning committee. Smith seconded the motion. Motion passed. 3. Staffing update: Renee Rewitzer was offered and accepted the Clerk- Typist II position and her first day was November 3, 2014. 4. Dougherty notified the Board that The Library Clerk position will be posted through December 1, 2014. The goal is to have the position filled by the first of January 2015. 5. The Board asked Dougherty about the MN Library Association Conference. Dougherty said the Conference was informative and she attended a seminar about grants. 6. The CHPL Foundation Heights Theater fundraiser will take place on December 14 at 1:00 p.m. The movie will be Alfred Hitchcock's "The Man Who Knew Too Much." 1- 11/5/14 33 7. Dougherty updated the Board on activities of the Yes! A New Library committee. The committee received a $2000 donation from the CHPL Library Foundation and expended all their funds. Members briefly discussed fund raising ideas for the new library. Items from the Floor: There being no further business, the meeting was adjourned at 7:15 p.m. Respectfully submitted, Renee J. Rewitzer Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2-11/5/14 34 CITY COUNCIL LETTER Meeting of December 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY`� Licenses -� NO: DATE: December 2, 2014 DATE: vZ -y -� Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for December 8, 2014 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 35 Print Rental Licenses to approve COLUMBIA HEIGHTS by CC 2 °14 FIRE DEFARTMEHT IMS,pECTiom DEWS exam 825 41st Avenue NE . Columbia Heights, MN 55421 • Inspections 763 - 706 -8156 • Fax 763- 706 -8151 • fireinspections @ci.columbia- heights.rnn.us 10128 4105 2ND ST RHA 3 LLC F13983 3505 Koger Blvd #400 $ 150.00 Duluth, GA 30096 10321 3813 BAKKEN BLVD Shaik, Arifuddin F13984 140 N Davis Rd #1126 $ 150.00 LaGrange, GA 30241 20181 4654 WASHINGTON ST Anderson, Will 6230 10th St. N. #430 Oakdale, MN 55128 F13725 $ 150.00 20198 4530 WASHINGTON ST Swanson, Jeff F13955 9705 289th Ave NW $ 150.00 Zimmerman, MN 55398 20274 4427 MAIN ST Bartels, John F13691 5582 Brickstone Ct $ 150.00 Shoreview, MN 55126 34006 626 40TH AVE Knox Family Real Estate -2, LLC F13857 3801 Leslee Curve $ 150.00 Excelsior, MN 55331 Total # of Licenses: 6 12/02/2014 12:18 36 Page 1 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ITEM: ADOPT RESOLUTION 2014 - 92ESTABLISHING SENIOR CITIZENS OR RETIRED & DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Meeting of December 8, 2014 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BYr ..��, � DATE: 11/18/2014 DAT 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 $33,000, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $33,300. Recommended Motion: Move to waive the reading of Resolution No. 2014 -92, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2014 -92, being a resolution establishing a new maximum income of $33,300 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. KH:bt Attachment: Resolution 2014 -92 COUNCIL ACTION: 37 RESOLUTION NO. 2014 -92 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 $33,300. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th 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 8th day of December, 2014. Offered by: Seconded by: Roll Call: Mayor, Gary Peterson Attest: Katie Bruno City Clerk 38 CITY COUNCIL LETTER Meeting of December 8, 2014 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Authorize School Liaison Officer BY: Scott Nadeau -5 B I NO. Contract with CH School District DATE: December 1, 2014 DATE: for 2015 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 2015, which includes wage, fringe and miscellaneous costs, is $42,843.12 each for the high school and middle school officer, totaling $85,686.24. This represents a 2.5 percent increase over the 2014 figures. Preliminary discussions with the School District regarding this increase have taken place. ANALYSIS /CONCLUSION In September, Officer Erik Hanson started his third full year as the High School Liaison Officer. Officer Danielle Pregler started her seventh 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 on 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 through December 31, 2015. COUNCIL ACTION: 39 SCHOOL LIAISON OFFICER PROGRAM January 1 through December 31, 2015 Columbia Heights Police Department and Columbia Heights Public Schools Prepared and Submitted by: Chief Scott Nadeau November 24, 2015 40 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 Joint Powers Agreement ...... ................................................................. .............................12 Cost Factor Breakdown: High School Liaison for 2015 ....................... .............................15 Cost Factor Breakdown: Middle School Liaison for 2015 ................... .............................16 El 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. Goats: 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. 42 Page 3 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. 43 Page 4 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. 44 Page 5 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. 45 Page 6 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER QUALIFICATIONS i . Considerable knowledge of the principles of modern 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 organiza- tions, 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 could lead to delinquent behavior and/or activities. 46 Page 7 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. 47 Page 8 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. b. 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 official(s). S. 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. 14. 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. 48 Page 9 13. Ensures proper development 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 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. 49 Page 10 GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION 1. Work week will be based on a 40 -hour week. Z. 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 I I 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 Qfficer: 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, 2015 through December 31, 2015 are attached. Page 12 51 5. Billing: The City shall submit a bill to the School District, which will be paid within thirty days of receipt. 6. Term: This agreement shall commence on January I, 2015, and shall end on December 31, 2015. 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 willful 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 of Agreement: 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 52 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 Gary L. Peterson Mayor Scott Nadeau Chief of Police Page 14 Columbia Heights Public Schools Kathy Kelly Superintendent of Schools Scott Bardell School Board Chair 53 COST FACTOR BREAKDOWN HIGH SCHOOL LIAISON OFFICER PROGRAM 2015 Base Wage — High School Liaison Of .f cer: Patrol Top Wage $6,023.93 /month $ 72,287.16/year Liaison Officer Premium $ 164.00 /month $ 1,968.00 /year Longevity (4 year rate) $ 168.62 /month $ 2,025.84 /year Holiday pay $ 3,961.63/year Deferred Compensation $ 435.63 /year Overtime Allocation $ 3,780.20 /year Total Base Wage $ 84,458.45/year Compensation and Fringe: F.I.C.A. (1.45 %) $ 1,224.65 /year Workers Comp (3.93 %) $ 3,319.22/year P.E.R.A. (14.40 %) $ 12,162.02 /year Employee Insurance ($865 /month) $ 10,380.00 /year Total Fringe Benefit Costs $ 27,085.88 /year Miscellaneous Costs: Training and equipment allowance $ 1,664.00 /year Vehicle related expense $ 1,040.00 /year Total Miscellaneous Costs $ 2,704.00 /year Total Yearly Costs $114,248.33 /year To compute monthly total: $114,248.33 divided by 12 months = $ 9,520.69 To compute school year total: $ 9,520.69 X 9 months (school yr) = $85,686.25 To compute School District cost: %Z of 9/12 funding formula = $42,843.12 Total Cost to Columbia Heights Public Schools For High School Of .f cer for 2015: $ 42,$43.12 Page 15 54 COST FACTOR BREAKDOWN COLUMBIA ACADEMY LIAISON OFFICER PROGRAM 2015 Base Wage — Middle School Liaison Officer Patrol Top Wage $6,023.93 /month $ 72,287.16/year Liaison Officer Premium $ 164.00 /month $ 1,968.00 /year Longevity (4 year rate) $ 168.62 /month $ 2,025.84 /year Holiday pay $ 3,961.63 /year Deferred Compensation $ 435.63 /year Overtime Allocation $ 3,780.20 /year Total Base Wage $ $4,45$.45 /year Compensation and Fringe: F.I.C.A. (1.45 %) $ 1,224.65 /year Workers Comp (3.93 %) $ 3,319.22 /year P.E.R.A. (14.40 %) $ 12,162.02 /year Employee Insurance ($865 /month) $ 10,380.00 /year Total Fringe Benefit Costs $ 27,0$5.8$ /year Miscellaneous Costs: Training and equipment allowance $ 1,664.00 /year Vehicle related expense $ 1,040.00 /year Total Miscellaneous Costs $ 2,704.00 /year Total Yearly Costs $114,248.33 /year To compute monthly total: $114,248.33 divided by 12 months = $ 9,520.69 To compute school year total: $ 9,520.69 X 9 months (school yr) = $85,686.25 To compute School District cost: %z of 9/12 funding formula — $42,843.12 Total Cost to Columbia Heights Public Schools For Columbia Academy Officer for 2015: $ 4.2,843.12 Page 16 55 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ITEM: WATER MAIN CLEANING AND LINING PROGRAM: PROGRAM AREAS Meeting of. December 8, 2014 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS J BY: Kevin Hansen t BY :'vim' DATE: 11/21/2014 DATE: Background: Columbia Heights has received complaints of discolored water for many years at various locations throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called ` tuberculation' and results in restricted flows. In January of 2005, staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis /Conclusions: In 2005, Columbia Heights began a cleaning and lining program with 3,000 lineal feet of water main cleaned and lined under the City of Minneapolis Cleaning and Lining Program as follows: • Alley from 37t'' to 39t" Avenues: Polk and Tyler Streets • Jefferson Street: 49t" to 51St Avenues In 2006, the City of Minneapolis Cleaning and Lining program completed 3,300 lineal feet of lining in Columbia Heights at the following locations: • Madison Street: 48"' to 51St Avenues • 48t" Avenue: Jefferson to Monroe Streets • Monroe Street: 48t'' to 49"' Avenues In 2007, the cleaning and lining program completed 3,650 lineal feet of pipe with the following segments completed: • Monroe Street: 49th to 51 S' Avenues • 50 1/2 Avenue: Monroe to Jackson Streets • 50t" Avenue: Monroe to Jackson Streets • 491/2 Avenue: Monroe to Jackson Streets In 2008, the cleaning and lining program completed 4,300 lineal feet of pipe at the following streets: • Jackson Alley: 50th to 51 St Avenues • Rainier Pass: Innsbruck Parkway to end • St. Moritz Drive: Innsbruck Parkway to end • Innsbruck Parkway: Rainier Pass to St. Moritz Drive Innsbruck Parkway: St. Moritz Drive to Argonne Drive • Innsbruck Parkway: Argonne Drive to Pennine Pass 45t" Avenue: Main Street to 3rd Street In 2009, the cleaning and lining program completed 5,150 lineal feet of pipe at the following streets: • Innsbruck Parkway: Pennine Pass to Stinson Boulevard • Pennine Pass: North Upland Crest to Argonne Drive • Stinson Boulevard: North Upland Crest to Chalet Drive • Chalet Drive: Pennine Pass to Stinson Boulevard • 2nd Street, 21/2 Street, & 3rd Street: 44t" to 45t" Avenues In 2011, the cleaning and lining program completed 4,199 lineal feet of pipe at the following streets: • Polk Place and Polk Circle • Pierce Terrace: Polk Place to Matterhorn Drive • Johnson Street: North of Innsbruck Parkway to • Lincoln Terrace: Johnson Street to Pierce Terrace Lincoln Terrace In 2012, the cleaning and lining program completed 3,920 lineal feet of pipe at the following streets: • 5th Street: 48th to 49th Avenues • 6th Street: 51 st to 53rd Avenues • 7th Street: 51st to 53rd Avenues • 51st Avenue: 6th to 7th Streets • 53rd Avenue: 5th Street to Washington Street 56 CITY COUNCIL LETTER Meeting of. December 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: WATER MAIN CLEANING AND LINING I BY: Kevin Hansen I BY: PROGRAM: PROGRAM AREAS DATE: 11/21/2014 DATE: Page 2 (Water Main Cleaning and Lining Program continued) In 2013, the cleaning and lining program completed 4,279 lineal feet of pipe at the following streets: • University Avenue: 51St to 53`d Avenues • 4th Street: 51St to 53`d Avenues • 5t'' Street: 51St to 53`d Avenues • 53`d Avenue: University Avenue to 4'11 Street In 2014, the cleaning and lining program completed 6,005 lineal feet of pipe at the following streets: • Mulcare Drive: Pierce Terrace to Polk Place • Pierce Terrace: Polk Place to Polk Place/Pierce Terrace • 50th Avenue: Tyler to Fillmore Streets • Buchanan Place: Fillmore Street to Pierce Terrace • Lincoln Terrace: Molan Terrace to Johnson Street • Fillmore Street: North of 49th Avenue to Pierce Terrace For 2015, the program would be increased to 7,005 lineal feet to address continued water quality issues in our distribution system. This annual footage will push the extent of what Public Works can accomplish in -house without outside contracting for the program. City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 or more years of service. Based upon the positive results and project success of the past four years, staff conducted C- Factor testing on other known problem areas of the water distribution system. C- Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C- Factor is then calculated which can be used to determine the amount of tuberculation in- pipe. Another way to look at a C- Factor is as a measurement of resistance to flow in -pipe. New pipe will have a C- Factor of 120 -125. We would have expected the C- Factors in the areas tested (based on age) to be in a range of 90 -95. A general rule of thumb is values below a range of 70 -75 would indicate a pipe in poor and tuberculated condition. The measured C- Factors in the 2015 proposed program area measured from 20 to 52. Based upon the C- Factor testing, staff is recommending a 2015 Cleaning and Lining Program in the following streets: • Main Street from 37'11 Avenue to 401h Avenue • 37th Avenue from Main Street to 3`d Street • Edgemoor Place from 40th Avenue to 3`d Street • 3`d Street from Edgemoor Place to 37th Avenue • 44th Avenue from Tyler Place to Tyler Place • 44th Avenue from Tyler Place to McLeod Street RECOMMENDED MOTION: Move to accept the 5 -year Water Main Cleaning and Lining Program for years 2015 — 2019. Attachment: Maps COUNCIL ACTION: 57 6 0C LZ 0C El got 10 a u RN--- ---- 711m--- I---- o c , r j— 60Z �' ggg0 N21Hd` mI SE 4z 0* �T. —IV [t--z M E F 43 CO— ;7; a e mi� i e �0 [777,-r E' I *4jLZ,L un SM Lan 6m DL ml M& osu Ogg BU 'OV :2 00 ZtEL :2 KC& MEL PEEL MEL -7 E m SEEL OM faeg, 9M SEEL —oza-- 612L —oze VM Ste zzz�, L EDEL ODU sock Stu 90EL I Lou Om COEL zz SEE& 6M SEE, Z, SEEL Om SEEL —OzU PZZL RM an CLU GVEL Sr� 60 L 9 U 6ou m. Ti =111. 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Q m 0— N ,L N C D N N N -� 0 5 L) L) 0 (D cu m r ro w A r_1 w C CL CL o � c co Eo v � g U Q ° ° Cl) A C CJ Q t tv O N U ° a S,U ��aw`c� CITY COUNCIL LETTER Meeting of: December 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS �J ITEM: HUSET PARK SPLASH PAD: BY: K. Hansen BY. CONSULTANT PROPOSALS DATE: 11/26/14 DATE-- `,)'-\-\- Background: The Park and Recreation Commission began evaluating a splash pad in 2014. At their June regular meeting, the Commission concluded that Huset Park would be the best park for a splash pad type improvement. The original Master Plan included a splash on the east side of the park. Concept plans were prepared that included a splash pad and evaluated by the Commission at their August 27th meeting. A location was chosen by the Commission to the west of the existing wading pool as it minimizes utility extension costs for sewer and water, is open for visibility, requires minimum grading, and spatially fits in with the newest improvements in the park with the playground and shelter. It also provides room for expansion as a future consideration. The Commission desires to have the splash pad open for the 2015 season. To accomplish this, construction plans should be initiated and prepared for winter bidding. Based on their review, the Commission made the following recommendations to the City Council: 1. To amend the Huset Park Master Plan to change the location of the splash pad to the west side of the park; and 2. To authorize staff to begin construction document preparation for winter bidding. The Council accepted the Park & Recreation Commission recommendations and authorized preparation of plans for a splash pad at Huset Park to replace the wading pool at their September meeting. Analysis /Conclusions: Requests for proposals were sent to three firms specializing in splash pad design. Three proposals were received in response to our request. The engineering service fees are as follows: Stantec $34,700 WSB $46,622 SRF $29,500 The required work plan for each firm's submittal included: • Meetings with City staff (kickoff, preliminary and final design, bidding) • Attend two Park & Recreation Commission meetings • Coordinate geotechnical work • Develop concepts to achieve preferred layout • Provide cost estimates based on preferred layout • Develop splash pad equipment options with vendors • Attend public open house for public input • Coordinate plan approval with the State • Coordinate bidding process with recommendation to Council 60 CITY COUNCIL LETTER Meeting of: December 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: HUSET PARK SPLASH PAD: BY: K. Hansen BY: CONSULTANT PROPOSALS DATE: 11/26/14 DATE: Huset Park Splash Pad Page 2 While all proposals would provide the engineering services to get us to a new splash pad, staff felt Stantec's proposal stood out for following reasons: 1. They have the most experience with splash pads in Minnesota. 2. They are the only true `aquatic designers' — they are independent designers for splash pad features (not vendor driven). 3. They provided the most involved public process. This is important as this will be our first splash pad in the City. 4. They were the only firm to include training to staff on the operation, maintenance and winterization of the new equipment upon completion and one year following. Staff recommends accepting Stantec's proposal in the amount of $34,700 for the Huset Park Splash pad with funding provided by the Park Development Fund. Recommended Motion: Move to award the Huset Park Splash Pad Improvements, Municipal Project No. 1512, to the consulting engineering firm of Stantec based upon their qualified, responsible proposal for a cost not -to- exceed $34,700 appropriated from Fund 412 -51512 -3050. COUNCIL ACTION: 61 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: I -I PROGRAM FOR COLLECTION DISTRICT 3: SERVICE LINE TELEVISING Meeting of: December 8, 2014 ORIGINATING DEPARTMENT: CITY PUBLIC WORKS MANAGER BY: K. Hansen BY:-�.,,:� DATE: 12/2/2014 DATE: Background: In 2005 the Metropolitan Council adopted the following policy: The Council will not provide additional capacity within its interceptor system to serve excessive inflow and infiltration. The Council will establish inflow and infiltration goals for all communities discharging wastewater to the Metropolitan disposal System based on the designed peak -hour capacity of the interceptor(s) serving the community. Communities that have excessive inflow and infiltration in their sanitary sewer systems will be required to eliminate the excessive inflow and infiltration within a reasonable time period. The initial program was established by MCES and conducted over a 5 -year period from 2007 -2012. The City's surcharge on our sanitary sewer bill to Metropolitan Council Environmental Services (MCES) is $81,900 annually. This surcharge is for non - sewage flow from inflow or infiltration (UI) sources in sewer Collection District 2. It is offset, or reduced to zero, by eligible expenditures the City makes in UI reduction measures annually. Analysis /Conclusions : MCES modified the I/I Program to an Ongoing III Program in 2012. Under the Ongoing I/I Program, MCES has calculated new thresholds for peak exceedances at each of the City's three metersheds. Furthermore, under the new program the surcharge calculation may be updated based on significant storm events. The new surcharge for Columbia Heights is $126,170. Under the original I/I Program, the City focused reduction measures on the public system by lining the mains, replacing manholes and changing out castings. While we did see significant reductions in clear water flow, it did not achieve flow below our MCES established thresholds. This again supports our longstanding belief that a significant contribution of UI is coming from private sources, most likely foundation drains. There are two ways to investigate for foundation drains; by smoke testing and televising sewer services from inside the home to the main. In 2012 staff was authorized to conduct a smoke testing program in Collection District 2. This was conducted by staff in the fall of 2012 and completed in the spring of 2013. Approximately one -half of the district was smoke tested, but the results were inconclusive. Less than 15 properties out of several hundred were confirmed to have cross connections. Based on the flow testing report conducted in 2013 in Collection District 3, staff recommends televising the sanitary service lines in the two sub - districts which are serviced by the Chatham and Silver Lake Lift Stations. Staff obtained two verbal quotes from plumbers who would conduct televising, and provide a DVD of each home. Those costs ranged from $200 to $250 per service line. Staff would be involved to contact property owners and set up appointments, which from prior experience in Collection District 2 is very involved and time consuming. 62 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: I -1 PROGRAM FOR COLLECTION DISTRICT 3: SERVICE LINE TELEVISING Meeting of: December 8, 2014 ORIGINATING DEPARTMENT: CITY PUBLIC WORKS MANAGER BY: K. Hansen DATE: 12/2/2014 BY: DATE: A detailed bid was obtained by staff that would provide full turn -key services, including notifications, appointments, televising, digital copies and a full report with recommendations. Attached is the proposal from SEH detailing the work scope. On a per service basis, this works out to $255 per service. In speaking with several consultants, this is a service unique to SEH in that they have their own televising equipment and crew to conduct the work. It should be noted that these are eligible expenses that will offset the City's annual surcharge. RECOMMENDED MOTION: 1) Move to authorize a Sanitary Sewer Service Televising program in Collection District 3 in the Chatham Road and Silver Lake Lift Station services areas, and 2) Move to accept the proposal from SEH in an amount not to exceed $66,740, funded from the Sanitary Sewer Construction Fund 652- 49650 -3050, and authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: SEH proposal dated 10/17/2014 Sanitary Sewer Service Area Maps (2) Collection District 3 Flow Monitoring report COUNCIL ACTION: 63 Building a better World for All of Us` October 17, 2014 Mr. Kevin Hansen, P.E. Director of Public Works City of Columbia Heights 637-38 Ih Avenue NE Columbia Heights, Minnesota 55421 Dear Mr Hansen: RE: City of Columbia Heights, Minnesota Private Property Inspection Proposal SEH No. COLHT 130051 10.00 Short Elliott Hendrickson Inc. (SEH®) appreciates the opportunity to submit this proposal to the City of Columbia Heights. Over the eight years, SEH has been Working with communities in need of inflow /infiltration (1/I) support services in response the Metropolitan Council Environmental Service (MCES) Surcharge Program. We have worked with more than a dozen cities to identify I/I through sanitary sewer collection system investigations and rehabilitation measures to locate and remove clear water (1/I) sources. A number of communities in the metro area have adopted a private property inspection program which includes a review of the sewer ordinance, adoption of a residential and commercial sewer lateral inspection program including closed circuit television (CCTV) service lateral inspections and sump pump /foundation drain/sewer lateral rehabilitation. SEH has or is currently working With the Cities of Golden Valley, Eagan, Minnetonka and West St. Paul on private property programs. It is our understanding the City of Columbia Heights is looking to perform a private property inspection pilot study in the Chesterfield Area of the City. The program would be voluntary and be offered to approximate 261 homes. SEH field technicians would conduct a CCTV inspection of each residence and summarize the data into a technical memorandum which will be used to determine recommendations for developing a long range approach to handling I/I within the city. Our staff has over five years or more conducting private property CCTV inspections and SEH utilizes our own equipment in completing all aspects of the work. Purpose and Objectives The purpose of this work scope is to outline the necessary tasks to assist the City of Columbia Heights in completion of the pilot private property inspection program which includes the Closed Circuit Televising (CCTV) of sewer laterals; inspection of buildings for 1/I sources; inspection administration; and prepare a technical report on the findings of the inspections and summary of recommendations for 1/I abatement activities. The main objective of this study will be use the final report to help identify future program direction to address the MCES surcharge program and UI within the City of Columbia Heights. Work Scope The work scope for completing a pilot inspection program for private property will include the following tasks. Our staff understands the success of a program of this nature is to perform the work as an extension of city staff and be respectful of each resident and their property. Engineers 1 Architects I Planners I Scientists Short Elliott Hendrickson Inc.. 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 64 SEH is 100% employee -owned ; sehine.com 651.190.2000 1 800.325.2055 1 888.908.8166 fax Mr. Kevin Hansen, P.E. October 17, 2014 Page 2 Task 1.0 — Preliminary Procedures and Notification SEH staff will meet with City staff to review the typical private property program used for other projects and discuss how to tailor the program to fit the City of Columbia Heights needs. A discussion of the procedures to be followed leading up to and during the final inspections will be reviewed along with the communication tools with residents and the inspection forms and support data. SEH will also be available to discuss the required information and format for the final report. Task 2.0 - CCTV Sewer Lateral Inspections SEH will conduct a closed - circuit television inspection of each residential private property building service laterals in the pilot area. The preliminary estimate of buildings to be inspected through the pilot area is 261 residential properties. SEH staff will be available to schedule appointments with property owners. The television inspection will be accomplished by inserting a CCTV camera through each buildings stack cleanout within each private residence. In the event the stack cleanout is not accessible, our field technician or inspector will locate the final cleanout and proceed from there. If neither cleanout is accessible, we will work with the resident for access options which may include pulling a toilet fixture. Any cost beyond entering the service lateral at the stack or final cleanout will not be included in our estimates. The field technician will push the camera through the service lateral and record a video Iog of the lateral in a digital format which can be downloaded to a DVD or separate hard drive for storage. The technician will also prepare a written or electronic inspection log of pipe defects, such as offset or leaky joints, roots, cross connections, running sumps or bad services. Data collected from the inspection will be documented and used to establish the items which would be a source of M and summarized in the final report. For the purposes of this pilot study, we have assumed each resident will agree to the inspection and be able to provide access to their service lateral. It is likely that some of the properties will not be accessible and they will be recorded as such in the final report. Our inspectors will make every reasonable effort to gain access to each property. Task 3.0 — Inspection Administration SEH will provide all the required inspection forms or electronic data storage programs for completion of each property inspection. SEH will provide a call -in number for residents and set rip appointments for inspections and provide DVD inspection logs as documentation of the inspection. We can supply the DVD at the property owners request for any required sewer repairs for use by the property owner's contractor, if the homeowner wishes to make any repairs to their lateral. Since the program will be voluntary, repairs will likely be limited to pipe conditions which would impact operations of the owners sewer lateral in the near fixure. Task 4.0 — Final Technical Report At the completion of all the property inspections, SEH will prepare a draft technical report documenting the procedures used, a log of each inspection and a summary of the data including the type of 1/I sources such as improper sump pump installations or foundation drains directly connected to the sanitary sewer lateral. The report will also document the findings and condition of the service lateral along with any potential sewer rehabilitation measures which would need to be implemented if a formal inspection program was implemented in the future. A draft report will be prepared for city review. SEH will submit a final draft to the city incorporating any comments received upon review of the draft document. 65 Mr. Kevin Hansen, P.E. October 17, 2014 Page 3 Schedule SEH has the staff available to work on this project and can start the project immediately upon a notice to proceed. We would anticipate begituling the inspection process during the winter months with a draft report submittal in early Marcli, 2015. Project Cost SEH would propose to invoice our services on a time and materials basis each month due to the difficulty in determine the exact number of residents who will volunteer for the inspection program. The following cost estimate assumes completion of approximately 261 residential inspections at a not to exceed amount of $ 66,740. The estimated project cost by task is as follows: Task 1.0 - Preliminary Procedures and Notification $ 2,670 Task 2.0 - CCTV Sewer Lateral Inspections $ 50,850 Task 3.0 — Inspection Administration $ 7,380 Task 4.0 — Final Teclmical Report 5,840 TOTAL $ 66,740 If you have any questions or comments related to this project, please feel free to call me at 651.490.2144. We look forward to working with the City of Columbia Heights on this important project. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Kirby V n Note, PE Project Manager e: Sue Mason, SEH 66 04 N COLUMBIA HEIGHTS Distict 3 - 3C Sanitary and Storm Systems _r City Limhs Sanitary Gravity Main ® Storm Manhole / 6 C) Catch Basin / 8 / Storm Sewer Line / 9 Sanitary Manhole / 10 Sanitary Lift Station / 12 water 4#p 15 IS Parks #0 18 24 dop30 N 05000200300400500600700800 Feet 251356 lOG 251359 - - I —6&174 9 36A78 36 51 5D 36 0 36A39 - A37 tV 3 t{ 36!1 338 52 1'` f A74 — L i p� -- Al 8 2,8._... i 32 SA2 a 3B 2 - - -- - - - WA A41 4 A4D 36946 A73 ;: 36A24 ,IA85 ."�16AD -- _ t6A �A72 �AY3 ' -66A84 tr -- - 1.r i _ — r o6Al2 .i[ a� r' .- A19 36AO 1F $6A03 -^ A01 GP,70 _ I {y( �36A05 i . ,�'�A83 A10 I ' T L 361 " I - -, -- -- .. 361364 Uti� � "t)CU soup - ., i i 42- t 36D ` 3678 377 } 1350. 36 �q 87 D41 36D r D& 93 36 1 36Q 1340 2- — - 36DSa 3614 D23 C�68 1339 - 36,132 JD81 . I 38648, . 9 t ,36D91 -.�.- -- - _ •..h q ;.. 36D. 61325 . ..6D38 -_- - - - ( 'D6D27 D73 D72 iG _ 9 8 D- �36D35 - 31;7 �61DU 3601T� HART I 36� 1 un�c LAKE L.S. 67 I 1111 1� - J 67 eay of COLUMBIA HEIGHTS Distict 3 - 3A Sanitary and Storm Systems ,'j City Limits Sanitary Gravity Main 9 Storm Manhole / 6 p Catch Basin / 9 / Storm Sewer Line / 9 Sanitary Manhole / 10 [; Sanitary Lift Station / 12 n water de 1 19 Parks 0 1: ®u 6030 N 0 50 100 200 300 400 Feet 681 � ,- _� t_ 77 i __2� i t=L25D,32� 111111 ti - D43 `'`25D08f 681 � ,- _� t_ 77 i __2� i t=L25D,32� ti - D43 `'`25D08f 5D2 j�51�27 25 6 25F07 - ` 2 5 5D2 I r_ Q 25D21 25D30 . j 5D10 2 6 2� ' ,;1 ,._ r•'25D50 CHATHAM RID L.S. - ! r 25D15 25D11 ;i ;! 25D09 25D13 ` 25D20 25D12 �- 25D05 ! 25D03 w ' ° d ' ` �25D16 14 25D04 t 25D02 j 25D1 1-25017 25D01 I � i 25D18 25D 8 �� - -►�� -- "= 25059 �-------------- 36AJZ4_ -. _ .3 , 9 36A78 36A51 36A50 36 0 ` 36A77 - -- -- - 3 A75 A., 681 Inflow and Infiltration Flow Monitoring Report District # 3 City of Columbia Heights, Minnesota Foth Project Number 14C011 July 16, 2014 Fc4h 69 Table of Contents 1. BACKGROUND ...................................................................................... ............................... 1 2. APPROACH .............................................................................................. ..............................1 3. FINDINGS ................................................................................................. ..............................3 4. INITIAL CONCLUSIONS ....................................................................... ............................... 4 5. RECOMMENDATIONS ........................................................................... ..............................5 Tables Table 1 Details of Metering Sub- districts in District 3 .................................. ............................... 2 Table 2 Summary of Sub - District Flow Determination .................................. ............................... 3 Table 3 Determination of Sub - District I/1 Contribution Rates ....................... ............................... 4 Figures (At End of Report) Figure 1 City of Columbia Heights Sewer Shed 3 Figure 2 Comparison of Wet Weather Flow and Dry Weather Flow Figure 3 Wastewater Flow Response at Chatham Lift Station Figure 4 Spring 2014 Wastewater Flow Response at MCES Meter M106 70 1. BACKGROUND The City of Columbia Heights sanitary sewer collection system is divided into three service districts. The wastewater flow rate in each of the districts is monitored by a Metropolitan Council Environmental Services (MCES) flow meter. Districts 1, 2 and 3 are monitored by MCES flow meters M108, M 107 and M 106, respectively. Since 2004, the MCES has been operating a program to reduce the infiltration and inflow (I /I) in the MCES system by closely monitoring the wastewater flow at each of their meters and charging communities an additional fee (surcharge) for flow rates that exceed defined limits. The limits are specific to each metered area and involve a detailed calculation using the historic wastewater flow data at the particular location. Inflow and Infiltration (I /I) is defined as clear water that enters a sanitary sewer system due to leaks in the system or unauthorized connections from groundwater or runoff sources such as: sump pumps, footing drains, area drains and roof leaders. In 2010, the wastewater flow in District 2 was exceeding MCES defined limits and the City carried out a program to identify possible I/I sources and complete rehabilitation of identified defects to reduce I/I and the need for additional MCES I/I related charges. At that time, no other District had contributed flows in excess of the identified limits. The initial I/I reduction work included an inspection of each building in the City to locate and remove any direct sump pump connections to the sanitary sewer. The effort successfully reduced I/I flow in District 2. In June 2013, MCES informed the City that the wastewater flow at meter M106 (District 3) exceeded the threshold limit by 1.24 MGD and the City would be subject to a I/I surcharge of $504,417 spread over a period of 4 years for an annual payment of $126,170. The MCES I/I reduction program provides an opportunity for the community to choose between paying the surcharge to MCES or spending an equivalent amount of money on rehabilitation work to reduce I/I and future I/I surcharges. The program has specific guidelines regarding the eligibility of rehabilitation efforts in offsetting the MCES surcharge. The eligibility requirement is included because the intent of the MCES program is to reduce the peak I/I in the system and not all rehabilitation efforts are considered to effectively address the peak portion of the flow rate. In November 2013, the City authorized Foth Infrastructure, LLC to assist the City staff in efforts to identify sources of the excessive flow in District 3 and develop rehabilitation plans to reduce the flow rates within the MCES "threshold limits." 2. APPROACH The process to reduce I/I involves investigation and rehabilitation phases. The investigation phase would include installation of temporary flow meters to subdivide the sewer system in District 3, televising of sanitary sewers to evaluate the pipe condition and attempt to identify possible sources of I /I, physical inspection of manhole structures, possible re- inspection of buildings for compliance with the sump pump disconnection requirement, and smoke testing of limited areas. XAN4S \IE\2014 \14C011 -00 \10000 Reports \Area 31 and I Final Report 071614.docx 71 The rehabilitation phase should include a combination of manhole rehabilitation, sewer pipe lining, and possible sewer service line repair or replacement, depending on the particular situation that is identified. This report is the first step in the investigation phase. It is intended to subdivide the service area into smaller areas for evaluation, collect basic flow data to prioritize rehabilitation efforts, and develop initial conclusions and recommendations for the next investigation and rehabilitation efforts. The sanitary sewer system in District 3 includes 68,285 feet (12.93 miles) of pipe ranging in diameter from 8- inches to 15- inches and an estimated 1,242 connections, based on a review of the City sanitary sewer maps. Temporary flow meters were installed in 5 manholes and 2 lift stations from March 17 to June 13, 2014 to sub - divide District 3 into eight smaller service areas for evaluation. The layout and interaction of the meter service areas and flow sub - districts are shown in Figure 1 and details of the metering locations and their service areas are summarized in Table 1. Table 1 Details of Metering Sub- districts in District 3 Sub- District Meter Location Est Number of Connections (I) Est inch -miles of sanitary sewer (2) Comments A Chatham Lift Station 163 10.95 B 306 35.20 Area between Chatham Lift Station and Manhole 36C38 Manhole 36C38 469 46.15 C 104 6.07 Area between Manhole 36C38 and Manhole 36C55 Manhole 36C55 573 52.22 D Manhole 36D89 53 5.31 E Manhole 361388 80 9.99 F 52 5.57 Area between Silver Lake Lift Station and Manholes 36D89 and 361388 Silver Lake Lift Station 185 20.86 G 327 31.38 Area between Silver Lake Lift Station and Manhole 38C46 Manhole 38C46 512 52.24 H 157 9.92 Area between M 106 and Manholes 36C55 and 38C46 MCES Meter M 106 1242 114.37 NOTES: 1. Based on count of addresses on City sanitary sewer map 2. The unit "inch - miles" of sewer is used to compare infiltration in service areas. It is calculated by multiplying the length of sewer pipe in miles, by the pipe diameter in inches. i.e. 1 mile of 8 inch diameter sewer is 8 in- miles (1 mile * 8 inches= 8 in -mi of sewer). X: \MS \IE \2014 \14C011 -00 \10000 Reports \Area 3 I and I Final Report 071614.docx 72 3. FINDINGS The monitoring period included a "dry weather" period (April 1 -7) before snow melt and an extended "wet weather" period of with various precipitation events (initially snow followed by rain). In the monitoring period, a total of 8.41 inches of precipitation were recorded at the City rain gauge located at the Public Works Building. Significant precipitation events during the period included: ♦ April 27, 2014 2.20 inches ♦ April 28, 2014 0. 10 inches ♦ May 19, 2014 0.00 inches (1.83 inches were recorded at the NOAA Crystal 0.036 airport location and 1.32 inches at the MCES rain gauge in 0.136 Moundsview) ♦ May 31, 2014 1. 17 inches ♦ June 1, 2014 0.82 inches An increase in flow was noted at each monitoring location following each rainfall event, however the late April rainfall events which occurred during the snow melt period, generated the highest flows during the monitoring period. The rainfall recorded on April 27t1i generated peak flows on April 28th. Table 2 summarizes the flow data collected and calculated by sub - district for the dry and peak wet weather periods. Table 2 Summary of Sub - District Flow Determination Sub- District Average Dry Weather Flow (1) (mgd) Peak Day Flow (2) (mgd) Apparent I/I [Peak Day minus Avg Dry Weather] (mgd) Comments A 0.036 0.172 0.136 Peak flow does not include unmonitored flow diverted out of service area B 0.067 0.310 0.243 C 1 0.023 0.061 0.038 D 0.018 0.056 0.038 E 0.027 0.085 0.058 F 0.017 0.055 0.038 G 0.064 0.198 0.134 H 0.033 0.131 0.098 Total 1 0.284 1 1.116 0.832 1 MCES Meter M106 NOTES: 1. Average flow April 1 -7, 2014 2. April 28, 2014 Table 2 indicates that I/I was evident in all 8 sub - districts. This table provides a graphic comparison of wet weather and dry weather wastewater flow recorded at MCES Meter M106 and the two Lift Station Meter sites on April 3 (average flow day) and April 28, 2014 (peak flow day). The difference in the two curves is considered I /I. X:\MS \IE\2014 \14C011 -00 \10000 Reports \Area 3 I and I Final Report 071614.docx 73 It appears that I/1 is spread throughout the District 3 area, however, a calculation of the I/I value by the estimating the number of connections and in -miles of tributary sewer results in "unit rates" that can then be used to prioritize rehabilitation efforts to achieve the greatest cost benefit for dollars invested. This calculation is completed in Table 3. Table 3 Determination of Sub - District 1/1 Contribution Rates Sub- District Apparent EI (from Table 2) (MGD) Est. Connections (Table 1) Est in -mi (Table I) GPD (III)/ Connection GPD(I/I)An- mi Comments A 0.136 163 10.95 834 12,420 B 0.243 306 35.20 794 6,903 C 0.038 104 6.07 365 6,260 D 0.038 53 5.31 717 7,156 E 0.058 80 9.99 725 5,805 F 0.038 52 5.57 731 6,822 G 0.134 327 31.38 410 4,270 H 0.098 157 9.92 1 624 9,879 Total 1 0.832 1 1242 1 114.37 1 670 7,2 5 District Average The data in Table 3 indicates that per connection rates are greater than average in sub - districts A, B, D, E and F. These are the areas served by the Chatham and Silver lake Lift Stations, and the area just downstream from the Chatham Lift Station. The wet weather wastewater flow response at the Chatham Lift Station monitor is shown in Figure 3. The flow increases relatively quickly from 28,000 gallons per day (gpd) on April 26 to 113,000 gpd on April 27. During the day of April 27, the lift station operation was manually altered to limit the flow rate and initiate the operation of the automatic flow diversion from the Chatham service area into the adjacent Sewer District 1. On Figure 3, the effect of the diversion is evident by the "flat" portion of the wastewater flow graph. After the 2.30 inch rainfall on April 27, the wastewater flow continues to be elevated for several days before returning to the "pre- runoff' rate. At each monitoring site, the flow rate increases relatively quickly following the onset of a rainfall event, and then declines over a period of several days to the pre - runoff flow level. Figure 4 provides a graph of the daily wastewater flow at MCES Meter M106 for the April 15 through June 4, 2014 and a graph of the hourly flow data for the period around the peak flow day of April 28, 2014. 4. INITIAL CONCLUSIONS The I/I in District 3 is spread throughout the service area with slightly higher portions originating in the services areas of the Chatham and Silver Lake lift stations and the area immediately downstream of the Chatham lift station. 4 X:\MS \IE\2014 \14C011 -00 \10000 Reports \Area 3 I and I Final Report 071614.docx 74 The flow response to a runoff event, exhibited by a relatively rapid increase and much slower decline over a period of days, visible in Figures 3 and 4, suggests I/I sources such as foundation drains, sump pumps, and leaking service lines and mains, and possibly a few direct inflow sources such as area drains or leaking manholes that contribute to the initial peak flow. Local reports indicate that the long term groundwater table is well below the typical sewer elevation so normal long term infiltration of groundwater is not expected to be an extensive problem. However, the flow response suggests that as the seasonal snowmelt water and precipitation moves downward through the soil column and past the sewer elevation, a portion of the percolating water is entering the sanitary sewer system. 5. RECOMMENDATIONS Based on the information collected during the spring 2014 flow monitoring period, Foth recommends the following: A. The identified I/I is spread throughout the District 3 service area with slightly greater concentration in the Chatham and Silver Lake lift station service areas and the area downstream of the Chatham lift station. These areas should be investigated first, however, additional investigation is recommended for the entire District. B. Since the City has completed a sump pump inspection of the entire community and removed direct sump pump connections in the past, it is anticipated that the current number of sump pump connections is very small. However, foundation drains that are directly connected to the sanitary sewer service lines can contribute I/I without a sump pump and the service lines themselves can act as drain tiles during wet conditions if they are not structurally sound. These types of private property sources are difficult to identify and rehabilitate. It is recommended that all of the sanitary sewers in District 3 be televised to observe the pipe condition and identify any visible defects. Ideally this internal inspection effort would be completed during wet conditions, following rainfall events, when leaks are active. Where leaking service lines are observed, subsequent steps may include televising individual building service lines using a remote camera extended from the sewer main or a small service line camera extended from inside the building. C. During the television inspection, all of the manholes should be opened and inspected for signs of active or past leakage. The inspection should be documented and any observations recorded for future reference and comparison. Rehabilitation efforts will depend on the type of defect identified and the specific site conditions. D. At this time, no areas have been identified for smoke testing, however, as additional information is gather and reviewed, there may be areas that can benefit from smoke testing. X:\MS \lE\2014 \l4C011 -00 \10000 Reports\Area 3 land I Final Report 071614.docx 75 Figures 76 Gravity Diversion to District 1 ...... . ..... . . . . . . . . . .. . .. . . . . . ......... . ...... F 5.57 in -mi I I- I I D 52 addresses Chatham LS 36D89 I I I 10.95 in -mi I I 5.31 in -mi I I II 163 addresses I I 53 addresses I I I I L — — — — Silver Lake LS 6 ' I 20.86 in -mi 1 35.20 in -mi I I 185 addresses 1 306 addresses I 36C38 I I ' I C C 36D88 , 46.15 in -mi I 9.99 in -mi I , 469 addresses I I I 80 addresses I I C ` I 6.07 in -mi I — I104 add resse H 9.92 in -mi 31.38 in -mi I 36C55 I 38C46 327 addresses I 157 addresses I 52.22 in -mi 52.24 in -mi I573 addresses I 512 addresses I MCES M106 114.37 in -mi 1242 addresses Figure 1 —City of Columbia Heights Sewer Shed 3 Flow Meter Layout March —June 2014 77 70,000 60,000 50,000 CL x 40,000 c 30,000 LL 20,000 10,000 Figure 2 - Comparison of Wet Weather Flow and Dry Weather Flow MCES M106 o° o° o° o° oti titi ti� ti ti' d ti ti d �ti �ti °° ti o oa o' o0 0� o' 0 titi Hour Ending M 106 4/3/2014 - -T--: M106 4/28/2014 Chatham Lift Station 9,000 - — 8,000 --- - - - - -- - — 7,000 - = 6,000 -- CL 5,000 3 4,000 0 3,000 2,000 1,000 I -- -- — o° o° o° o° o° o° o° o° o° o° o° o ° o° o oti oti o o° o' o0 0A o o 1° titi ti 15 N _ do 1� ti� ti° ti° titi titi — Chatham LS 4/3/2014 Hour Ending —,_- .Chatham LS 4/28/2014 Silver Lake Lift Station 12,000 --- 10,000 -- = 8,000 a l7 5 6,000 3 0 4,000 2,000 -I - --- TTT- r 1__. -i - - -T 78 Figure 3 - Wastewater Flow response at Chatham Lift Station April 26 to May 4, 2014 9,000 — 2.50 Date Waste- water Flow (mgd) Precip- itation (in) 4/3/2014 0.025 0.00 4/26/2014 1 0.028 0.09 4/27/2014 0.113 2.30 4/28/2014 0.172 0.90 4/29/2014 0.156 0.44 4/30/2014 0.119 0.04 5/1/2014 0.069 0.02 5/2/2014 0.052 0.01 5/3/2014 0.043 0.00 5/4/2014 0.038 0.00 Overage Day 2.00 r 1.50 U C_ G O m .n 1.00 v d 0.50 79 Figure 4 - Spring 2014 Wastewater Flow Response at MCES Meter M106 1.8 1 F 1.4 0 1.2 c °J 1 Y 0 0.8 LL T 0 0.6 s 0.4 0.2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -q Ln m m r- Ln M M n N Ln m m r, ti Ln m m r, Ln m m r, Hour Ending —4/25- 29/2014 Threshold 1.09 80 E 0.800 - - 11 ! '^ L 11 1.50 c 0.600 �i i 3 10 1 1 ti 1.00 1 ° v 3 0.400 — -A1 1 -- - - -- -- - - - - -- - t— - - - -� tt a 0.200 1 - - --t-� ; ,�4- 1 1 � s 1� 0.50 ;��- -� _ , J`r -+�.� L ^rr + —r-- 4--- �' �r 0.00 t—/ - T—r= -+ r- - —•r-= 0 0 N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N 0 0 0 0 0 0 N N N N N N 0 0 0 0 N N N N \ \ \ \ \ n \ \ \ \ \ \ \ \ \ \ T ti M rj ul r j 01 a--I M Ln n 01 a-i (-i V1 Ln Ln Ln Ln n \ \ \ \ \ \ h Ql " " r t r \ \ \ \ Ql N N C v v It a 'J" a a -:t Ln u1 in Day Ln in u1 Ln Ln rn m m M106 - - - - Precip Crystal AP — — Precip Col Hgts Columbia Heights MCES Meter M106- Peak Period 4/25- 29/2014 1.8 1 F 1.4 0 1.2 c °J 1 Y 0 0.8 LL T 0 0.6 s 0.4 0.2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -q Ln m m r- Ln M M n N Ln m m r, ti Ln m m r, Ln m m r, Hour Ending —4/25- 29/2014 Threshold 1.09 80 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ITEM: ADOPT RESOLUTION 2014 -93 ESTABLISHING 3939 CENTRAL AVENUE AS THE NEW LIBRARY SITE Meeting o£ December 8, 2014 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen DATE: 12/2/2014 DATE: In the Library Task Force Needs Assessment and Master Plan recommendations, four sites were included as potential locations for a new library. A basic site review of each site, excluding the existing site, is included below. With the issuance of bonds now validated through the referendum, site selection must be made to continue the development process. Each one of the recommended sites is within the Mississippi Water Management Organization (MWMO) district and their rules will apply for storm water management for any of the sites. Sanitary sewer and water main are considered available at each site, but may require street cuts to extend services into each site. For the selected site, soil borings will be initiated for design purposes including structural bearing capacity of the site soils and environmental design, if applicable. 42 "d Avenue (Behind Public Safety Building) < 2 acres Pros Cons • City owned - no acquisition • Significant soil corrections • Civic campus • Environmental remediation (minor) • Short distance to Central Avenue and neighborhoods • Underground storm water improvements due to lack • Access to transit of available land • Increased traffic could help nearby redevelopment sites • Not as visible as other locations • No possibility of expansion • Not on Central Avenue • Site is smaller than Library Task Force recommendation of 2.5 acres 47 "' and Central Avenue (former Kmart & Grand Central) 2.1 acres Pros Cons • Highly visible • Acquisition required - currently listed at $925,000 • Located on Central Avenue • Site is slightly smaller than Library Task Force • Proximity to schools recommendation of 2.5 acres • Access to transit • Topography challenges, retaining wall would need to • Increased traffic could help nearby redevelopment sites be constructed • Removing a commercial redevelopment site from Central Avenue 81 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ITEM: ADOPT RESOLUTION 2014 -93 ESTABLISHING 3939 CENTRAL AVENUE AS THE NEW LIBRARY SITE Library Site Selection Page 2 Meeting o£ December 8, 2014 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen DATE: 12/2/2014 BY: DATE: Heiohtc Gatewav Redevelopment Site — Central Avenue (former Burger Kind) 1.12 acres Pros Cons • City owned - no acquisition • Soil corrections • Site demoed • Significant environmental remediation • Located on Central Avenue • Storm water improvements on a brownfield site • Highly visible — strong Central Ave presence • Removing a commercial redevelopment site from • Increased traffic could help nearby redevelopment sites Central Avenue • Site is smaller than Library Task Force recommendation of 2.5 acres. Would have to add in portion of former Mady's site. • Requires site survey / platting of the parcels /cleanup of cross easements • Planning for future development on remnant piece Attached are two pages from the Concept Design and Cost Estimate report prepared by Leo A. Daly and ICS Consulting dated June 16, 2014. This provides a side -by -side comparison in terms of cost and planning aspects of the 42nd Avenue and Burger King sites. On a cost consideration basis, the 47d' and Central Avenue site is estimated by staff to be in the $7 -7.2 million dollar range. On a site planning perspective it would be comparable to the Burger King site. Motion: Move to waive the reading of Resolution 2014 -93, there being ample copies available for the public. Motion: Move to adopt Resolution 2014 -93, being a resolution establishing the old Burger King site at 3939 Central Avenue as the site for the new library. Attachment: Resolution 2014 -93 82 RESOLUTION 2014 -93 BEING A RESOLUTION ESTABLISHING 3939 CENTRAL AVENUE AS THE NEW LIBRARY SITE WHEREAS, the Library Task Force prepared a report dated March 15, 2013 that evaluated various potential sites in the City for a new library, and WHEREAS, the City Council accepted the Library Task Force recommendations on April 8, 2013, and WHEREAS, the City Council adopted Ordinance 1615 on June 28, 2014 providing for the issuance and sale of GO bonds for a new public library, and WHEREAS, a reverse referendum was submitted and a question confirming the issuance of bonds was placed on the November 4th ballot, and WHEREAS, the November 4th election resulted in the general public voting 62.5 — 37.5 percent in favor of a new library; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA After careful consideration of the Library Task Force Needs Assessment and Master Plan recommendations, the City Council hereby selects the site located at 3939 Central Avenue in Columbia Heights as the site for a new public library. Passed this 8th day of December, 2014. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: I: Katie Bruno City Clerk Mayor Gary L. Peterson 83 AGENDA SECTION: CONSENT ITEM: AUTHORIZE STAFF TO SEEK CITY COUNCIL LETTER Meeting of: December 8, 2014 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen PROPOSALS FOR CONSULTANT SERVICES DATE: 12/2/2014 FOR THE NEW CITY LIBRARY; ARCHITECTURAL, GEO- TECHNICAL, AND SITE /CIVIL BY:�7 DATE: i'�_ - V� _0\ Background: Following the positive community vote on the new Public Library, the City is now proceeding with building a new facility. The design and construction will be facilitated through architectural or engineering consultants, while the project administration will be handled by Public Works. The site will be formally selected by the Council under separate action. Analysis /Conclusions: Staff envisions four consultants for the following services: • Architectural — Interior and exterior building design, coordination of site planning, public involvement process, public bidding and assistance during construction (interpretation of plan questions, shop drawings, progress meetings, etc.) • Geo- Technical — Design of unique structural features driven by site conditions such as pilings, concrete foundations, environmental remediation and assistance during construction such shop drawings specific to non - architectural items (pilings, structural foundations, environmental), piling installation and approval, environmental installation and materials testing. • Site /Civil — Design of exterior development items including site grading, utilities, parking lot, exterior lighting, storm water and landscaping, platting of the site, coordination and permitting with outside agencies such as MnDOT, MN Health Department and the MWMO. • Representation during construction — On -site project representation/inspection, coordination with the general contractor, and project closeout. Due to the anticipated cost, each of these would need contract approval by the City Council. A tentative schedule of major events for the development of a new library is attached. Motion: Authorize staff to seek proposals for consultant services for the new city library; architectural, geo- technical, and site /civil and construction representation. Attachment: Preliminary Schedule 84 City of Columbia Heights LIBRARY PRELIMINARY SCHEDULE December 2nd, 2014 TAS TIMEFRAME 1. Library Site Selection —to CC Dec 8th 2. Architectural RFP- Mar —May 2015 a. Prequalification (Library experience) Dec 15th —Jan 7th b. Public Involvement w /Design process Mar —July 2015 c. Interviews —selection recommendation Jan 20th 2015 3. Geotechnical RFP Dec 29th —Jan 16th 2015 4. Site Civil RFP Dec 29th —Jan 16th 2015 5. Council Award of consultants Jan 26th 2015 a. Contracts/ insurance 3 weeks 6. Project Bonding June — Dec 2015 a. Bond Sale / Award Jan - Feb 7. Following site selection: a. Platting (review) Jan —April 2015 b. Zoning Jan —April 2015 c. Utilities (incl gas /electric, communications incl fiber optic) Mar —June 2015 8. Burger King site: this is a complex site = will be longer to develop a. Needs gassing analysis if selected Dec -Jan b. Storm water on brownfield site Mar—June 2015 9. MWMO partnership for educational resource in community = $600k (up to) committed. 10. Public Involvement Process — a. Library Board / Task Force During design b. General During design 11. Design: a. Schematic Feb — Mar 2015 b. Design Development Mar —May 2015 c. Construction Documents May —July 2015 d. Review of cost estimate Mar —July 2015 12. Geotechnical Design Feb —June 2015 13. Public Advertising / Bidding July — August 2015 14. Council Award Aug 24th or Sept 14 15. Construction Inspections RFP June 2015 16. Construction Sept —June, 2016 17. Plan for old Library June — Dec 2015 85 CITY COUNCIL LETTER Meeting of: December 8, 2014 AGENDA SECTION: CONSENT I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BY: K. Hansen BIDS FOR 2015 SEAL COAT PROGRAM — DATE: 12/3/14 ZONE 7A CITY MANAGER BY: _K" 1 DATE: Background: A Public Improvement Hearing for the 2015 Seal Coat program was held on December 1, 2014. The Zone 7A seal coat area is located between University and Central Avenues from 37th to 40"' Avenues. Zone 7 streets west of University Avenue will be seal coated in future years due to proposed water main replacement or cleaning and lining. Streets included in the 2012 Street Rehabilitation program will be seal coated with the next Zone 7 street rehabilitation project cycle. The City Council ordered improvements for the following streets: Lookout Place Summit Street to Proft Place Summit Street Lookout Place to 5ti' Street 5th Street 37th Avenue to 38th Avenue Madison Street 37th Avenue to 38th Avenue 38th Avenue 5th Street to Dead End and 38th Avenue Cul -de -sac to Madison Place 38th Avenue Madison Place to Dead End 38th Avenue Dead End to Quincy Street 38th Place Madison Street to Dead End In addition, the streets listed below were reconstructed in 2004 and will receive the first seal coat in 2015. In accordance with the Street Rehabilitation policy, this seal coat is paid for by the City. Quincy Street 37th Avenue to 39th Avenue and South of 40th Avenue Jackson Street 37th Avenue to 401h Avenue Van Buren Street 37tl' Avenue to 401h Avenue Analysis /Conclusions: Seal coat is bid as part of the North Metro Joint Powers Agreement for the Street Maintenance Program. The project is administered by the City of Coon Rapids. Typically the bid opening is in late February with concurrence of award by the Columbia Heights' City Council in March. Recommended Motion: Move to authorize staff to seek bids for the 2015 Seal Coat Program, City Project 1301. LN CITY COUNCIL LETTER Meeting of. December 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY NO: PUBLIC WORKS MANAGER ITEM: EXTENSION OF GIS RANGE RIDER BY: K. Hansen B� CONTRACT DATE: 12/3/14 DATE: Background: In 1996 Council approved a Joint Powers Agreement (Tri-City Agreement) with the cities of Andover and Fridley to hire an outside consultant to provide GIS technical assistance. The consulting firm of Plan Sight was hired and performed work under the Tri- Cities Agreement beginning in 1997, reviewable annually. The firm has evolved over the years and is now Flat Rock Geographies. The Consulting Services Agreement terminates annually on December 31 unless extended by further agreement of the parties. Analysis /Conclusions: The cities of Andover, Fridley and Columbia Heights staff are interested in continuing the contract for 2015. Continuing with Flat Rock Geographies provides the continuity we need to keep the program moving forward. The City benefits from work done under this contract as well as from the other cities. The 2015 goals for the City of Columbia Heights are as follows: • Import sanitary sewer televising records (video and logs) • Implement Tree Manager program (EAB) • Conversion to mobile application • Update Sign Management program • Incorporate Anoka County property data and GIS into Special Assessment program • Provide assistance to Community Development Department • Additional tasks as identified Columbia Heights has reduced the number of consultant hours from 700 hours per year to 400 hours per year (one day per week). City staff is able to prepare some of the routine maps, but we still rely on Flat Rock for technical aspects of the program, including software maintenance and program updates. The software includes ArcMap, Cityworks, Cartegraph, and Tree Manager. Columbia Heights' share for the 2015 Tri-City GIS Range Rider is $ 17,775 (approximately the same as last several years). This amount is budgeted in various departments of the 2015 Public Works budget. Recommended Motion: Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $17,775; and, authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 87 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 8, 2014 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: Administration APPROVAL ITEM: Appointment to Commissions BY: Katie Bruno BYA DATE: December 2, 2014 DATE: �y. kA- `A Background: There are currently two vacancies on the city's commissions. The Park & Recreation Commission has a vacancy due to the recent passing of Eileen Evans. The city advertised for the opening, and received two applications. Council interviewed the applicants at a worksession on November 24th. The Public Arts Commission has a vacancy due to the recent resignation of Catherine Vesley. The Public Arts Commission was established October 28, 2013 by the passage of Ordinance No 1613. Recommendation: It is recommended that Bruce Evans be appointed to the Park & Recreation Commission and Jennifer Tuder be appointed to the Public Arts Commission. Recommended Motion: MOTION: Move to appoint Bruce Evans to the Park & Recreation Commission to fill a vacancy through April 1, 2016, and appoint Jennifer Tuder to the Public Arts Commission. COUNCIL ACTION: 88 CITY COUNCIL LETTER Meeting of: December 8, 2014 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION ADOPTING THE 2015- BY: Kevin Hansen 2016 SNOW AND ICE CONTROL POLICY I DATE: 12/3/2014 BY: 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 2015 -2016 year with minor revisions to clarify operational procedures: • Miscellaneous snow removal from designated sidewalks was modified to exclude property no longer owned by Community Development. • Columbia Heights will be responsible for plowing /ice control maintenance on 37t" Avenue from Main Street to Central Avenue for 2015 -2016. Public Works recommends passage of Resolution 2014 -98 adopting the 2015 -2016 Snow and Ice Control Policy. Recommended Motion: Move to waive the reading of Resolution No. 2014 -98, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2014 -98, being a resolution adopting the 2015 -2016 Snow and Ice Control Policy for the City of Columbia Heights. KH: sms Attachment: Resolution 2014 -98 2015 -2016 Snow & Ice Control Policy COUNCIL ACTION: 89 RESOLUTION NO. 2014 -98 RESOLUTION ADOPTING THE 2015 -2016 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, WHEREAS, the 2015 -2016 Snow and Ice Control Policy establishes the procedures, locations, and equipment used for snow and ice control in 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 81h day of December 2014. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk 90 CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT SNOW AND ICE CONTROL POLICY '00e I� 2015/2016 1 91 SNOWPLOWING AND ICE CONTROL POLICY 1. Introduction: The City of Columbia Heights believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City strives to provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use city employees, equipment and /or private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street conditions. 1. When will city start snow and ice control operations? The Director of Public Works or assigned representative will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of three (3) inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; D. Time of snowfall in relationship to heavy use of streets; E. Weather forecast, temperature, type of snow, duration and intensity of storm The Police Department assists Public Works Maintenance in monitoring street conditions and notifies Public Works Maintenance personnel of snow and ice conditions needing immediate attention. Maintenance personnel are notified in accordance with the Public Works Department policy for emergency calls. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently city wide snowplowing operations will not generally be conducted for snowfall accumulations of less than three (3) inches. Plowing during the parking ban has proven to be the most efficient. 2. How snow will be plowed? Snow will be plowed in a manner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from centerline to curb on two - way streets. On one -way streets or where there is a center boulevard, snow may be pushed in either direction. Discharge shall go onto the boulevard area. Generally, operations shall continue until all roads are passable. There may be instances when this is not possible depending on storm conditions and other circumstances. 2 92 Priorities and schedule of streets plowing and snow removal. The city has classified city streets based on the street function, traffic volume and importance to the welfare of the community. Some priorities are performed simultaneously depending on conditions and existing situations. Priority #1 - Main thoroughfares, low volume residential and commercial streets, Public Safety building parking lots and accesses, alleys, cul -de -sacs, dead ends, pump and lift station accesses. Priority #2 - Municipal building parking lots and sidewalks, pedestrian bridges, designated sidewalk routes. Priority #3 - (Business District, parking lots, widening streets, etc.) Snow removal as needed. Priority #4 - Central Avenue (streetscape district only - 37th to 43rd Avenues). Snow removal around bus benches as needed Priority #5 - Park pathways, skating rinks and hockey rinks Priority #6 - Industrial and school hydrants — snow removal as needed Priority #7 - Residential hydrants — snow removal as needed — Assist Adopt -a- Hydrant Program. Priority #8 - Murzyn Hall, City Hall, Library. Check for ice dams and plugged drains. Remove ice dams and open drains as needed. During significant and severe storms, the city must be prepared to move personnel and equipment to maintain priority routes first. In fulfilling the need to have all priority streets safe and passable, when resources are limited, plowing of all other streets may be stopped at any time so resources can be shifted to priority routes. Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and /or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. 3. Snow Removal The Director of Public Works or assigned representative will determine if and when snow will be removed from the area by truck. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other 3 93 snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 4. Work schedule for snowplow operators. Snow plow operators will be expected to work eight -hour shifts. In severe snow emergencies, operators sometimes have to work in excess of eight — hour shifts. Safety of the plow operators and the public is important. Therefore, if additional qualified snow plow operators are not available snow plowing /removal operations may be terminated after 12 hours to allow personnel adequate time for rest. Any decision to suspend operations shall be made by the Director of Public Works and shall be based on the conditions of the storm. 5. Traffic Regulations The city recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operator engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an are of 360 degrees. 6. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of the snowplow operators and equipment. Factors that may delay snow and ice control operations include but are not limited to: severe cold, significant winds, and limited visibility. 7. Use of Sand, Salt, and other Chemicals The city will use sand, salt, and other chemicals when there area hazardous ice or slippery conditions. The city is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 8. Sidewalks The city will maintain some of the sidewalks in the city. The list of those sidewalks is attached. It is the responsibility of the resident and /or property owner to remove all accumulated snow from all other sidewalks along public streets adjoining their property. This includes any snow plowed from public streets onto the sidewalk. 94 9. Mailboxes Coming into contact with a mailbox is a common obstacle snowplow operators face during storm activities. The city will conduct a review of each mailbox incident to determine whether the city will replace or provide reimbursement for the mailbox. Only mailboxes actually hit by a snowplow will be the responsibility of the city. The city will not be responsible for damage to mailboxes or support posts caused by snow or ice coming into contact the mailbox. At the mailbox owner's request, the city will replace the mailbox with a standard size, non - decorative metal mailbox and replace the support post as necessary with a 4 "x 4 ", decay resistant wood support post, both installed by the city. Alternatively, the city will reimburse the mailbox owner $75.00 for the replacement of the mailbox and post by others. 10. Landscape The city will not repair /replace sod damaged due to the application of sand, salt or other deicing chemicals. The city will repair sod damaged by snow plow during snow removal operations with black dirt and grass seed. Property owners who install decorative materials in the right -of -way do so at their own risk. Damage within the public right -of -ways is the responsibility of the property owner, including but not limited to: trees, shrubs, bushes, landscape materials, decorative rock, retaining walls, fences and irrigation systems. 11. Deviation From Policy The Director of Public works or appointed representative may deviate from this policy when in his or her judgment it is in the best interest of the city or is necessary because of budget needs or other circumstances. Changes in priorities (lasting more the 4 hours ) will be documented as to what caused such actions, why the change was necessary, and for how long the change is to be in effect. Those city employees and/or contractors affected will be notified immediately by radio or cell phone of such changes with all communications logged. Information logged will include the time and date of the communication, name of the employee contacted, and how they were contacted. Any changes of priorities lasting more that 24 hours should be made in a written record and the public should be informed of such changes through normal methods used by the city for emergency notifications. 12. Complaint Procedures Complaints will be recorded on telephone logs. Calls requiring service will be transferred to a work request and forwarded to the appropriate supervisor for scheduling. Emergency complaints will be handled in an expeditious manner as resources are available. 5 95 13. Review and Modification of Policy The Director of Public Works or appointed representative shall keep on file all comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. 6 96 PLOWING EMERGENCY - PERSONNEL & EQUIPMENT A. Assignments by department 1. The Street Department shall remove snow according to the following priorities: a. Assign personnel as necessary for street plowing and ice control operations. b. Remove snow from main thoroughfares and apply salt and /or sand. C. Remove snow from residential streets and alleys and apply salt and /or sand. d. Remove snow from municipal parking lots. e. Clean up alley openings, intersections and the deposits of snow left by snowbirds. Follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day. 2. The Sewer and Water Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Plow entrances and areas around the water tower, pump houses, and lift stations. C. Clean sidewalks and entrances at the Library before it opens and, if necessary, in the afternoon. Personnel shall assist others who are hand shoveling other areas. d. Personnel shall assist the Fire Department in digging out hydrants as needed. Certain hydrants have been designated as critical and will witnessed by reflective hydrant markers. 3. The Park Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Clear snow and deice all City Hall, Public Safety building, and JPM sidewalks and entrances. Public Safety building: For snow conditions of three (3) inches or more the Fire Department shall initially clear all doorways, stairs, and open the walks around the Public Safety Building. If there is only one person in the Fire Department, they will contact Public Works who will supply one person to help them. After all other work is accomplished; Public Works shall finish widening the walkways. JPM maintenance personnel: Responsible for clearing snow from sidewalks and entrances on weekends, holidays and evenings. C. Remove snow from municipal sidewalks. • Central Avenue & 49th Avenue - Pedestrian Bridge 7 97 • Public Safety Building • City Hall and upper JPM parking lot • Recreation and JPM — Mill Street sidewalk -front, back & side entrances • Library — 401h Avenue sidewalk and Jackson Street sidewalk • 900 401h Avenue (Van Buren Street — parking lot) - perimeter sidewalk • 3982 Central Avenue — sidewalk on south side, Central Avenue to parking lot • Jefferson Street Divide sidewalk (46th Avenue and Jefferson Street) • Liquor Store Top Valu 41 - 4950 Central Avenue — Sidewalk on Central Avenue adjacent to street. • Liquor Store Top Valu #2 - 2105 37th Avenue — Sidewalks on 37th Avenue & Hart Blvd. adjacent to street d. Remove snow from miscellaneous designated sidewalks. West side • 49th Avenue, University Avenue to Monroe Street • 5th Street, 47th — 48th Avenue, east side sidewalk • Jackson Street, 41St Avenue to 42nd Avenue (east side) • 42" d Avenue — Jackson Street to Van Buren Street (south side) • Central Avenue 4022 and 4024 (between buildings) • 42nd and University (walk bridge) west side • 401h Avenue, University Avenue bus stop, 3'd Street to University Avenue • 3942 Van Buren Street (storm water overflow area) East Side • 37th Avenue, north side, Reservoir Blvd. to first alley east • 401h Avenue, Central Avenue to Hayes Street • 44th Avenue (Tyler Street to Reservoir Boulevard) e. Remove snow from park sidewalks. • Huset east and west, Jefferson Street • Jackson Pond, south end sidewalk • Edgemoor Park, 2nd Street sidewalk • Ostrander Park, Tyler Street sidewalk and front entrance sidewalk • Wargo Park, exterior sidewalk • Gateway Park, exterior and interior sidewalk f. Remove snow from park pathways. • Huset West pathway • University Avenue Bike path — 40th to 45th Avenue 8 98 • McKenna Park pathway • Sullivan Lake Park pathway • Curt Ramsdell Park pathway • Silver Lake Beach • LaBelle Park pathway • Prestemon Park pathway g. Remove snow from sidewalks on Community Development properties. West side • 3982 Van Buren Street • 828 40th Avenue • 4235 Washington Street • 41477 Ih Street • 4011 5t" Street • 4421 5t1' Street East Side • 3842 Tyler Street • 3846 Tyler Street • 961 Gould Avenue • 3919 Central Avenue • 3939 Central Avenue h. Remove snow from skating areas and park parking lots. i. Roof Maintenance JPM, City Hall, Library. • Remove ice dams and unplug roof drains 4. The Sign Department personnel shall hand - shovel the pedestrian bridge and spread deicer. • Furnish personnel as necessary for street plowing operations • 42"d and University Avenue (walk bridge) 5. The Engineering Department Techs shall remove snow and de -ice the walks and steps around the Municipal Service Center building, parking lots and assist the Sign Department in the removal of snow from the pedestrian bridge. 9 99 Drivable Equipment Used in Snow Emergencies: Heavy Equipment #9 Case front -end loader with front plow (two stage snow blower - used for snow removal) #14 Caterpillar front -end loader with front plow and wing plow #128 Caterpillar backhoe loader Dump Trucks #001 14,000 GVW Ford dump truck with front plow #80 35,000 GVW International dump truck with reversible front plow, underbody plow, wing plow and sander. (SW Quadrant) #82 35,000 GVW International dump truck with reversible front plow, underbody plow, wing plow and sander. (NE Quadrant) #83 35,000 GVW International with reversible front plow, underbody plow, wing plow, and sander. (NW Quadrant) #84 35,000 GVW International with reversible front plow, underbody plow, wing plow, and sander. (SE Quadrant) #99 33,000 GVW Ford dump truck with adjustable front V -plow, underbody plow, wing plow and sander (Alleys and parking lots). #250 14,000 GVW Ford dump truck with front plow Pickups #8 4 x 4 1 ton Ford pickup with plow #12 4 x 4 Chevy pickup with plow and pre -wet unit #114 4 x 4 3/ ton Ford pickup with plow #117 4 x 4 1 ton Ford pickup with plow #137 4 x 4 1 ton Ford pickup with plow #234 4 x 4 1 ton Ford pickup with plow (designated for Park use) Misc. Equipment #200 MT Trackless #201 John Deere Gator (liquid ice control) #232 Toro Groundsmaster 4 x 4 (with broom attachment) #280 Caterpillar 247 Skid Steer (with snow bucket attachment) #296 MT Trackless (with snow blower, plow and broom) Street Plowing Routes Attached are maps of main thoroughfares, quadrants, dead -end alleys and cul -de -sacs, thru alleys, parking lots and snow removal areas. 1. Main thoroughfares — Dump trucks assigned to quadrants 2. Quadrants SW, NW, SE, NE — dump trucks 3. Thru- alleys - #99 dump truck with adjustable V- plow 4. Dead -end alleys and cul -de -sacs — Pickups and 1 ton dump trucks 10 100 5. Parking lots — Case front end loader ( 49) and Backhoe Caterpillar ( 4128) 6. MSC, SACA, Library, load sand trucks backhoe Caterpillar ( #128) 7. 414 front end loader — 37th Avenue to 40th Avenue from University to Central — Central Avenue from 37th Avenue to 43rd Avenue (bump outs and pork chops). 37th Avenue to 45t" Avenue from Main Street to University Avenue. Main Thoroughfares: Quadrants Four dump truck plows - each operator is assigned to a specific quadrant. SW Quadrant. This area is from 37th Avenue to 45th Avenue (University Avenue to Central Avenue). Plow main thoroughfares first. 40th Avenue, 44t11 Avenue, and 45th Avenue (University Avenue, 45th to 42" d) and Jefferson Street. (40th Avenue to 45th Avenue) Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1 st to October 1 st. For 2013 -2014 Columbia Heights maintains Main Street to Central Avenue. NW Ouadrant This area includes University Avenue to Central from 45th Avenue to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has five main arterials to be plowed first, that being Jefferson Street; University Avenue Service Road; 491h Avenue, 51St Avenue and 53rd Avenue (Fridley plows 53rd Avenue, Columbia Heights does ice control). The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed last. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. SE Quadrant. This area includes 37th Avenue to 44th Avenue between Central Avenue and Stinson Boulevard. This quadrant has seven main arterials to be plowed first which include Reservoir Boulevard, 39th Avenue, 40th Avenue, Arthur Street, Hart Boulevard, Stinson Boulevard, 37th Place, and Benjamin Street (43rd Avenue to 45th Avenue). After the main arterial have been completed, plowing starts at Tyler Street from 37th Avenue N and then works avenues from 37 to 44th, then streets easterly to Stinson Boulevard. When this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1 st to October 1 st. For 2015 -2016 Columbia Heights maintains Main Street to Central Avenue. 11 101 NE Quadrant: This area includes 44th to 51" Avenue from Central to Stinson. This quadrant has main arterials to be plowed first which include 44th Avenue, Central Avenue to Reservoir Boulevard; 45th Avenue, Central Avenue to 44th Avenue; 47th Avenue, Central Avenue to Fillmore; Fillmore, 45th to 49th Avenue; 49th Avenue, Central Avenue to Fairway Drive; Fairway Drive, West Upland Crest to Stinson Boulevard; Stinson Boulevard, Silver Lake Beach to Argonne Drive; Arthur Street, 44th Avenue to 45th Avenue; 45th Avenue, Chatham Road to Stinson Boulevard; Chatham Road, 45th Avenue to 49t1' Avenue; Reservoir Boulevard, 44th Avenue to Fillmore Street. We will either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop Addition, Innsbruck Addition and the Heritage Heights Addition. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Thru - Allevs The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of town being California Street to University Avenue, 37th to 45th Avenue and works its way east. Alternate starting points may be used each time. Equipment problems and weather conditions may require the use of 4 -wheel drive vehicles to clear alleys. Dead -end Alleys and Cul -de -Sacs The 4 -wheel drive vehicle operators each receive a map showing all the cul -de -sacs, dead end alleys, and hard -to -get at places. When operators have completed their own designated areas, they will check with the other operators and will help each other finish plowing where needed. They may assist the "V" plow operator in finishing his alley routes if assigned by the Superintendent. When alleys are finished, operators will clean intersections in their assigned area. Parking Lots Plow route for #9 front -end loader: 1. Administration Building (590 40th Avenue), (559 Mill Street) & (555 Mill Street) lots. Note: Remove snow from 40th Avenue curb line from alley east to Mill Street. Note: 555 Mill Street parking lot can be used for temporary snow storage. Note: Plow Mill Street from 40th Avenue to 5th Street. Remove snow from curb line in front of JPM & City Hall. 2. JPM (530 Mill Street) upper and lower lots. 3. Van Buren lot south of 40th Avenue (900 40th Avenue). 12 102 Parking Lots Plow route for #12 — 4 -wheel drive pickup 1. Public Safety Building (825 41St Ave.) 2. Madison Street — 37th Avenue to dead -end 3. SACA (627 38th Avenue) 4. Library (820 40t1' Avenue) Note: Remove snow from 40th Avenue curb line 5. Heights Liquor Store (5225 University Avenue) — Liquor Store #3 6. Liquor Store Top Valu #1 - 4950 Central Avenue 7. Liquor Store Top Valu #2 - 2105 37th Avenue 8. Municipal Service center yard (637 38th Avenue) and parking areas. ICE CONTROL When there is a potential for or accumulation of snow or ice, it is normally necessary to perform ice control operations using salt or a salt /sand mixture. This function will proceed under the discretion of the Public Works supervisor. This function begins with communication between the Police Department, Public Works personnel, and Anoka County Central Dispatch, in no special order. The duty person organizes the ice control operation based on the Superintendent's standing instructions. Main thoroughfares, emergency routes, controlled intersections, and hills are given priority. Police reports of slippery conditions are also considered. Application is limited on low volume streets and cul -de -sacs. Salt sand will be furnished for residents in the designated area outside the Recycling Center (3801 Madison Street). SNOW REMOVAL Certain actions and areas were designated by the City Council on January 11, 1982, and amended from time to time, for services. These services are shown on the attached drawing #1. They specifically point out services other than normal street plowing and ice control that the City may perform depending upon the amount of snow accumulation. When accumulated piles of snow in the business areas, around schools, and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1) Huset Park East- Quincy Street parking lot, (Note: restricted to daytime use) and 2) Huset Park East — Huset Parkway parking lot. Snow Removal at Library A. Parking Lot: 13 103 The Library parking lot will be cleared in accordance with the priorities established in this policy. The lot will be cleared in conjunction with the other municipal lots after snow plowing has been completed on the streets, Police and Fire areas and the pump and lift station accesses. B. Sidewalks: During the workweek, two members of the Sewer & Water Department will remove snow and ice from the sidewalks, stairwells and entrances to the Library before the Library opens and, if necessary, in the afternoon. The weekend duty person will be responsible for clearing snow and ice from the sidewalks and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library personnel are responsible for snow and ice clearing on Saturdays after opening and, if conditions warrant, may call out the weekend duty person for assistance. Note: Weekend duty person is not responsible for clearing snow and ice from stairwells. 14 104 PLOWING /ICE CONTROL INFORMATION 1. 3" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING • APPLY ICE CONTROL IN CONJUNCTION WITH PLOWING OPERATIONS 2. SNOW DEPTH 1" TO 3" -PLOW DRIVING LANES AND APPLY ICE CONTROL 3. FIRST PRIORITY - ARTERIALS AND RESIDENTIAL AREAS 4. ALLEY PLOWING: • THRU- ALLEYS PLOWED WITH "V" PLOW • DEAD END ALLEYS PLOWED WITH PICK -UPS 5. POLICE REQUEST FOR ICE CONTROL /SPECIFIC AREAS AND ARTERIALS • 1 OR 2 ICE CONTROL TRUCKS DEPENDING UPON EXISTING CONDITIONS 6. POLICE REQUEST FOR ICE CONTROL /CITY WIDE • 4 ICE CONTROL TRUCKS - STREETS ONLY (ARTERIALS FIRST FOLLOWED BY RESIDENTIAL) • ICE CONTROL OPERATIONS IN ALLEYS WILL BE CONDUCTED DURING NORMAL WORK HOURS 7. 53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA HEIGHTS - ICE CONTROL 8. STINSON BOULEVARD FROM 37TH TO 40TH: ST ANTHONY PLOWS - COLUMBIA HEIGHTS ICE CONTROL 9. 37TH AVENUE MAINTENANCE: • MAIN STREET TO CENTRAL AVENUE (2014 -2015) MINNEAPOLIS (2015 -2016) COLUMBIA HEIGHTS • CENTRAL AVENUE TO STINSON BOULEVARD (2014 -2015) COLUMBIA HEIGHTS (2015 -2016) MINNEAPOLIS (SEGMENTS ALTERNATE EACH YEAR ON OCTOBER 1 ST) 15 105 SAND BARRELS WEST SIDE: • Qty. 3 6373 81h Avenue - outside of fence for Recycling Center • Qty. 1 Alley behind 3932 Central Avenue - next to utility pole • Qty. 1 Behind 4059 Monroe Street at NW corner of alley and 41" Avenue - next to utility pole. • Qty. 1 4707 Jefferson Street - driveway north side - next to utility pole • Qty. 1 46 -1/2 Avenue east of Jefferson - next to utility pole EAST SIDE: • Qty. 1 Alley behind 3813 -15 Pierce Street - next to hydrant • Qty. 1 4450 Stinson Boulevard — secured to pole • Qty. 1 40 Avenue and Stinson Boulevard on SW corner 16 106 , gm lga LO 0 CN LL 0 12 MEN 6i Q a .. Z� rv�� n. n ?�I�■ lei W t 9. Fad 2 na sl CITY COUNCIL LETTER Meeting of- Dec, R- 7014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE:jj--Lt -k,) NO: DATE: Dec :3, 2014 B Y r--4 BACKGROUND/ANAIASIS Attached is the business license agenda for the December 8, 2014 Council meeting. This agenda consists of applications for 2015 Contractor Licenses and 2015 Business License Renewals. At the top of the license agenda you will notice a phrase stating *Signed Waiver Fon-n Accompanied Application, ']'his means that the data privacy form has been submitted as required, 1-fnot 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 8, 2014 as presented, COUNCIL ACTION: 108 J'O CITY COUNCIL Dec 8, 2014 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2015 BLDG *Ron's Mechanical 2026 Colburn Dr, Shakopee S60 *Assured Htg 13511 Balsam Ln N, Dayton $60 *Pronto heating 7588 Washington Ave S, Eden Prairie $60 *Bon.fe's Plumb & Htg 505 Randolph Ave, St Paul S60 *K & S Heating, AC 4205 Highway 14 W. Rochester S60 Faircon Service Co 764 Vandalla St, St Paul $60 Edward Heins PI & Htg 13140 Basswood Ln, Rogers $60 *Superior Co of MN 1244 60'1' Ave NW, Rochester S60 *Lakeview Solutions Htg 20116 Farnham Ave N. Forest Lake $60 *Louis DeGidco Serv. 21033 Heron Way, Lakeville $60 *McDowall Co 1431 Prosper Dr, Waite Ilk $60 *Horwitz Inc 4401 Quebec Ave N, New Hope $60 *Asphalt Driveway Co 3350 University Ave, Mpls $60 Advanced Design Awnings & Signs 1600 291h St, Cloquet $60 *Ross Plumbing 2941 Brookdale Dr, Brooklyn Park $60 Jacon LLC 3580 Centerville Rd. Vadnais fits $60 *Mr. Rooter Plumbing 5155 E River Rd, Fridley S60 *Rhiniex Contractor 42 Geranium Ave, St Paul S60 *McGough Construction 2737 Fairview Ave N, Roseville S60 *Ryan Co. 50 So. I O'h St. Mpls $60 CLUB LIQUOR & TEMP BEER .FOR 2015 *Col. fits. VFW #230 4446 Central Ave, Col, fits. '17 WINE/BEER LICENSE *Miller's Conger Bar 547 40"' Ave, Col. Fits. S1,600 *Royal Orchid 4022 Central Ave, Col. Hts S 1,600 *Karta Thai Restaurant 3800 Central Ave, Col. I-Its. 52.400 LIQUOR LICENSE *Sama*s Restaurant 3939 University Ave, Col, fits. $6,700 *SAH Inc dba LaCasita 5085 Central Ave, Col. Hts. $6,700 *E1 Tequila Mexican Bar 4005 Central Ave, Col. Fits. $8,200 COURTESY BENCHES *US Bench Corp 3300 Snelling Ave, Mpls (16 benches) $400 *Benchmark 8844 Central Ave NE, Blaine (10 benches) $250 PEDDLER LICENSE *Aaron Jahrike for The Window Store 2924 St Anthony Ln. S100 109 �r 0 N S-d U N Q w rO zV F-i H W W a U 0 H w a w Q U w H O W w O W H • °z w H U H W a O w H_ U b U N .L; U Ste'' N O U 'd R3 cz U 4-i O U IS 3 Cd U O U U aD Y 00 r-I N N_ N Y cd O a� U 'a O �i 0 1� i. O O W M tn M 00 M 69 4-4 O 9 O Cd O\ M d' to 0 N 00 C Cd r.. 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RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2014 -94, being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2014 -94, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. COUNCIL ACTION: Ifif3 RESOLUTION 2014 -94 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Ita Ekah (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4556 Madison Street N.E. Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 13, 2014 of a public hearing to be held on December 8, 2014. 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 25, 2014 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 10, 2014 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 18, 2014 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to- wit: a. Shall install a CO detector in unit #4. b. Shall repair /replace the smoke detector in unit #4. c. Shall replace the missing electrical outlet cover plate in unit #4. d. Shall replace /install missing closet doors in unit #4. e. Shall repair or replace any damaged or missing light fixtures in unit #3. f. Shall repair /replace the smoke detector in unit #3. g. Shall replace any missing electrical outlet covers in unit #3. h. Shall repair closet doors that are off the tract in unit #3. i. Shall remove all combustible storage from the lower laundry room. j. Shall repair any /all holes in wall throughout unit #2. k. Shall replace carpet in unit #2. 1. Shall repair damaged wood on bathroom vanity — unit #2. m. Shall replace damaged bedroom doors — unit #2. 119 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F13918 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 8t' day of December 2014 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 120 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of December 8, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approve a Preliminary and Final Subdivision BY: Elizabeth Holmbeck BYE{ y Plat for the property located at 5220 Central Avenue DATE: December 3, 2014e NE. BACKGROUND: At this time, the applicant has requested a Preliminary & Final Subdivision Plat per Code Section 9.104 (L) & (M), for the property located at 5220 Central Avenue NE. The applicant wishes to split the existing lot into two commercial lots. The Preliminary Plat and Final Subdivision Plat would allow the current unused lot to become financially viable and open for the development of a freestanding commercial restaurant on the southern portion of the lot and the renovation of the existing building on the northern portion of the lot. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on December 2nd, 2014 and recommended approval with a unanimous vote. RECOMMENDED MOTIONS: Motion: Move to waive the reading of Resolution No. 2014 -90, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Preliminary and Final Subdivision Plat for the property located at 5220 Central Avenue NE. Attachments: Resolution 2014 -90, Planning Report, Location Map, Pictures, Application, Applicant's Narrative, Preliminary /Final Plat COUNCIL ACTION: IPA] RESOLUTION NO. 2014 -90 RESOLUTION APPROVING A PRELIMINARY AND FINAL SUBDIVISION PLAT FOR 5220 CENTRAL AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2014 -1201) has been submitted by Randy Rauwerdink of Venture Pass Partners to the City Council requesting Preliminary and Final Subdivision Plat approval from the City of Columbia Heights at the following site: ADDRESS: 5220 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Preliminary and Final Subdivision Plat for the property located at 5220 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 2, 2014; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Preliminary and Final Subdivision Plat 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 City Council accepts and adopts the following findings: (a) The proposed Preliminary Plat conforms to the requirements of City code Section 9.115. (b) The proposed subdivision is consistent with the Comprehensive Plan. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. (d) The Final Plat substantially conforms to the corresponding preliminary Plat. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Preliminary and Final Subdivision Plat and approval; and in granting this Subdivision the city and the applicant agree that this request shall become null and void if the subdivision has not been filed with the Anoka County Recorder's Office within one (I) calendar year after the approval date. CONDITIONS ATTACHED: The Planning Commission approves the Preliminary and Final subdivision Plat for 5220 Central Avenue NE. subj ect to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 122 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. Passed this 8t' day of December 2014, Offered by: Seconded by: Roll Call: Attest: Katie Bruno City Clerk/Council Secretary Mayor Gary L. Peterson 123 CITY OF COLUMBIA HEIGHTS PLANNING REPORT (2) CASE NUMBER: 2014 -1201 DATE: November 25, 2014 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Randy Rauwerdink, Venture Pass 19620 Waterford Court Shorewood, MN 55331 LOCATION: 5220 Central Avenue NE. REQUEST: Preliminary /Final Subdivision Plat PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION At this time, the applicant has requested a Preliminary & Final Subdivision Plat per Code Section 9.104 (L) & (M), for the property located at 5220 Central Avenue NE. The applicant wishes to split the existing lot into two commercial lots. The Preliminary Plat and Final Subdivision Plat would allow the current unused lot to become financially viable and open for the development of a freestanding commercial restaurant on the southern portion of the lot and the renovation of the existing building on the northern portion of the lot. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial, which is the proposal for this site. ZONING ORDINANCE The property located at 5220 Central Avenue NE is located in the General Business (GB) Zoning District. The properties to the north, south and west are located in the General Business (GB) Zoning District and the properties to the east are located in the City of Fridley and consist of commercial uses. DESIGN GUIDELINES The subject property is located within the Design Guidelines Overlay District and is governed by the "Highway District" standards within the Design Guidelines. I have referenced the requirements in Planning Report (1). 124 City of Columbia Heights Planning Commission November 25, 2014 Central Gateway Plaza- Preliminary /Final Subdivision Plat Case # 2014 -1201 FINDINGS OF FACT (Minor Subdivision /Lot Split) Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City code Section 9.115. This is correct (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat. They are as follows: (a) The Final Plat substantially conforms to the corresponding preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of City Code Section 9.115. This is correct. RECOMMENDATION Staff recommends the Planning and Zoning Commission approve the proposed Preliminary and Final Subdivision Plat request made by Randy Rauwerdink of Venture Pass Partners for the property located at 5220 Central Avenue NE. Motion: Move to waive the reading of Resolution No. 2014 -90, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Preliminary and Final Subdivision Plat for the property located at 5220 Central Avenue NE. subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: Page 2 125 City of Columbia Heights Planning Commission November 25, 2014 Central Gateway Plaza- Preliminary /Final Subdivision Plat Case # 2014 -1201 All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved Preliminary Plat and Final Subdivision Plat shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. ATTACHMENTS • Resolution 2014 -90 Application Preliminary /Final Subdivision Plat Page 3 126 5220 Central Avenue 765 I 5300 M o x T •i v • N 5126 o ° m Ln 5057 0 0 Amal Phola: Flumn Spmq of 20!4 � 1268 J T 5300 53RD AVE NE 15299 L w N f h Q V7 N U7 5207` 0 N 5268 n 5250 i 0 0 M o x T •i v • N 5126 o ° m Ln 5057 0 0 Amal Phola: Flumn Spmq of 20!4 � 1268 J T 5300 53RD AVE NE 15299 L w N f h 1 LO 1050 N c o T #101 T "' {1 cra lo? J 1240 4 '� J } 4 i m i u7 OO OS � r � Q T Q T r T U! �.o l.246 _ ro '!r� o t m 51STTNE + ° 7oT<c,rO IaCD i-- - - -- — %Q o 700" 0 \ v ° to 127 5207` 5268 5250 5251 w z 5234 a 5235 5201 5205 5216 5217 5200 5209 52ND AVE NE =---- _ - ---- --- -__-__ 52N© AVE NE 5201 1 --F-T- { 1 LO 1050 N c o T #101 T "' {1 cra lo? J 1240 4 '� J } 4 i m i u7 OO OS � r � Q T Q T r T U! �.o l.246 _ ro '!r� o t m 51STTNE + ° 7oT<c,rO IaCD i-- - - -- — %Q o 700" 0 \ v ° to 127 5220 CENTRAL AVENUE NE 4M- 1�- FRONT SIDE OF BUILDING FUTURE SITE OF FREESTANDING RESTAURANT 128 REAR SIDE OF BUILDING 129 CITY OF COLUMBIA HEIGHTS PRELIMINARY/ FINAL SUBDIVISION PLAT APPLICATION To be filled out by City: CASE NO.: DATE RECEIVED: APPLIC. ORD.: 9.104(K) 9.104(L), 9.114(A) - 9.114(D) DATE LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: PRELIMINARY PLAT FINAL PLAT -.'ZF'-? 4 ....F.t' "siwMa..s To be filled out by Applicant: PROPOSED NAME OF PLAT: CENTRAL GATEWAY 1ST ADDITION PROJECT ADDRESS /LOCATION: 5220 Central Avenue NE Columbia Heights, MN 55421 LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary) That art of Lot 2, I ing Easterl of the Northerly extension of the West line of Lot 3 and the North 35.0 feet of Lot 3, all in Auditor's Subdivision nty. and lviog Weiterly of the-W-ut line of State Trunk Highway No. 65 PRESENT USE OF PROPERTY: Commercial Retail (vacant), storage in lower level PROPOSED USE OF PROPERTY: Commercial Retail /Restaurant, plus the addition of a freestanding commercial restaurant building with drive thru lane, storage to remain in lower level REASON FOR REQUEST (please attach a written narrative describing your request and justification for approval. The narrative must fully describe the proposal to insure its compatibility with surrounding uses and its consistency with Zoning requirements and the Comprehensive Plan.) Venture Pass Partners, LLC APPLICANT Randv Rauwerdink PHONE 612- 801 -4313 FAX NA E -MAIL rrauwerdink@venturrepass.net PAGER NA CELL # 612- 801 -4313 ADDRESS 19620 Waterford Court CITY Shorewood STATE MN ZIP 55331 FEE OWNER OF PROPERTY Cheery Company, LLP Gerald Herringer ADDRESS 5210 Central Avenue NE, Suite 100 PHONE 763 -571 -8177 FAX NA CITY Columbia Heights STATE MN ZIP 55421 Page 1 of 2 130 CITY OF COLUMBIA HEIGHTS PRELIMINARY/ FINAL SUBDIVISION PLAT APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN IQ APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY PRELIMINARY PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. B. Two copies of a list of property owners within 350 feet of the subject property. ITEMS TO ACCOMPANY FINAL PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. APPLICADON FEES: A. $500.00 Preliminary Plat Fee + escrow $ B. $100.00 Final Plat Fee $ TOTAL AMOUNT RECEIVED $ Co n r)_o t� CITY RECEIPT NUMBER CZ D-Ir&P DATE RECEIVED 1 — 3 ( 4 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the olumbia Heights to take the action herein requested, that all statements herein are true and tha k her in mentioned will be done in accordance with the Ordinances of the City of Columbia q is and ta Sit 4e-o- i sots: APPCIIPANT SIG TURE DATE trl3 jt PROPERTY OWiiE,R SIGNATURE f different from Applicant) DATE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 131 PROPOSED SUBDIVISION AND RETAIL DEVELOPMENT -S220 CENTRAL AVE NE PROJECT SUMMARY NARRATIVE Introduction Venture Pass Partners, LLC is pleased to submit for consideration and approval, the attached applications for Site Plan Approval and Subdivision (Plat) for the 1.27 acre parcel located at 5220 Central Avenue NE. There is an existing, now vacant, 8,223 sf building on site that was formerly a Blockbuster Video store, which also has a lower level used primarily for storage. It is our intent to renovate and reconfigure the existing building to create a multi - tenant commercial retail facility on the main level, and to retain the lower level as leasable storage area. We also propose to subdivide the existing parcel into two lots to create an additional buildable lot to facilitate an approximately 2,650 sf quick serve restaurant or coffee shop with drive thru accommodations. The existing 8,223 sf building will be situated on proposed Lot 1, which is to be 30,644 sf or 0.703 acres. The 2,650 sf restaurant building and associated drive thru will be situated on proposed Lot 2, which is 24,529 sf or 0.563 acres. Site Design Given the significant existing grade changes on this property, the creation of a building pad and drive thru lane on Lot 2 will be facilitated by the construction of retaining walls designed to provide a flat pad area at street level. The proposed site layout utilizes the two existing curb cuts to Central Avenue NE, and maintains all of the private cross - access drive lanes to the properties north, south and west of the subject parcel. The proposed site design incorporates new 13' deep concrete sidewalks across the retail storefront, a main front drive properly aligned with the properties to the north and south, and fully improved curbing and landscape area along the Central Avenue frontage. New site lighting fixtures will also be included. Trash facilities will be located behind the building at the lower level, well screened from any public view. Through creative site design, we are able to configure a conventional counter - clockwise drive thru lane with ample stacking accommodations (minimum of 6 vehicles before order station). Compliant freestanding signs are proposed for each new Lot, and are to be located in the curbed peninsula areas at the north and south curb cuts respectively. Fifty Seven parking stalls are provided on the property, cross parked between Lot 1 and lot 2, resulting in parking ratio of 5.24 spaces per 1000 sf of building. Architecture and Design The 8,223 sf multi - tenant retail building will be detailed with a varied pallet of warm toned materials for the building exterior. Materials consist of brick veneer, cut stone veneer, EIFS, all new aluminum storefront and glass, and metal cap and trim. The proposed overall building wall heights of 16' to 18' represent the maximum height that can be incorporated given the existing building structural design. Design and detailing for the proposed 2,650 sf quick serve restaurant building will be submitted at a later date when more specific Tenant information is available. Tenant signage will be integrally lit channel letters and logos on the east storefront elevation, and is proposed to be limited to a maximum of 10% of respective exterior wall area of premises, as illustrated on the proposed building elevations. Additionally, the north and south endcap tenants will also be allowed signage on their respective endcap elevation. As discussed above, freestanding pylon or monument signs, with a maximum face area of 75 sf, are proposed for each lot. Landscape Enhancement Extensive landscaping and placement of shade and ornamental trees has been proposed primarily between the front parking field and Central Avenue. 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I i a b' x F eze 3mS O S 'a .E rg CITY COUNCIL LETTER Meeting of December 8, 2014 AGENDA SECTION: Item for ORIGINATING DEPARTMENT: CITY Consideration Fire MANAGER APPROVAL No. ITEM: Approve Anoka County Fire Protection Council Joint BY: Gary Gorman BY: H: Powers Agreement No: DATE: December 8, 2014 DATE: Background: In 1977 the Anoka County Fire Protection Council ( ACFPC) was formed by the fire chiefs of all of the fire departments in Anoka County in order to have an entity for the sharing of information, equipment, and training. The organization holds meetings quarterly, has bylaws, and holds elections for officers but never became a legal entity. The organization has grown throughout the years to include Unity and Mercy Hospital's emergency departments, Allina Ambulance, the DNR, Salvation Army, Red Cross, 911 dispatch, Anoka County Sherriff, State Fire Marshal, and Anoka County Emergency Management all for the purpose of providing the communities in Anoka County with the best public safety service possible. In recent years this organization started the Anoka County Training Academy for new firefighters and sponsors a County Fire Investigative Team, Juvenile Fire Setters program, Technical Rescue Team and a Peer Counseling team. Two years ago the Joint Law Enforcement Council approached the ACFPC with the idea of having a countywide records management system that we would all share and to update the County 911 dispatch system. Through this process the ACFPC cannot sign contracts since it is not a legal entity. Using the Joint Law Enforcement Council JPA as a model, a draft Joint Powers Agreement was drawn up for all of the cities covered by Anoka County fire department services. This process has been long and difficult due to the different political philosophies in the County. The final version of this JPA has each individual City as a member with an elected official from each city having a vote on large financial items and the annual budget. Each fire department has a vote and will conduct the day to day operations as it has in the past. The proposed JPA includes an Exhibit A which is the organization's Bylaws; Exhibit B is a cost sharing formula for dividing up costs associated with the new records management system. At this time Exhibit B is blank as the cost formula is being finalized. Exhibit C is a current list of equipment and property that the organization has purchased or received by donations over the years. Exhibit D will be all property purchased and owned by the organization after the JPA is adopted. The document has been reviewed by the City Attorney. RECOMMENDED MOTION: Move to approve the Anoka County Fire Protection Council Joint Powers Agreement and authorize the Mayor and City Manager to enter into the agreement. COUNCIL ACTION: 135 ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014, by and between the following governmental entities: the Cities of Anoka, Champlin, Andover, Bethel, Centerville, Lino Lakes, Circle Pines, Coon Rapids, Columbia Heights, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Nowthen, Oak Grove, Ramsey, St. Francis, Spring Lake Park, Blaine, Mounds View, and the Township of Linwood; (hereinafter "Members "). WHEREAS, the Members have determined that it is mutually beneficial for them to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, Anoka County Fire Protection Council (hereinafter "ACFPC ") will cooperatively address the Members' long term needs for fire - fighting and emergency equipment, fire records data systems, fire - fighter and EMS training, fire prevention, fire inspection, fire- related public education, and other fire- and emergency - related essentials; and WHEREAS, the Members have previously participated in mutual aid agreements that were successful in encouraging cooperation among the group, but said mutual aid agreements did not provide sufficient legal authority for the group to meet upcoming needs and desires; and WHEREAS, the creation of a joint powers agreement will meet the legal needs for the Members to accomplish the goals as set forth herein, including interaction with the Anoka County Joint Law Enforcement Council and other private and public entities; and WHEREAS, each of the Members have considered the alternatives, and agree that creation of this Agreement is in the Member's best interest; and WHEREAS, the Members enter into this Agreement pursuant to the authority set forth in Minn. Stat. § 471.59; NOW THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive from this Agreement, and other good and valuable consideration, the Members agree as follows: 1 136 ARTICLE I Definitions In the interpretation of this Agreement and the Bylaws, the following definitions shall have the meanings given to them. (1) "Aggregate Index" or "Al" means a. The total number of Calls for Service experienced by all Members in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for all Members, divided by 1,000,000, plus c. Population for all Members, divided by 100. (2) "Agreement" shall mean this Joint Powers Agreement between and among the Members as defined herein. (3) "Anoka County Fire Protection Council" or "ACFPC" is the name of the cooperative joint powers entity created by this Agreement. (4) "Assessed Market Value" or "AMV" means the statistic established and maintained by the County Assessor for all of the real property in a given municipality. (5) "Call for Service" means the dispatching of any fire department or emergency personnel in response to an incident. (6) "Director" means an individual who is also a member of the ACFPC Joint Powers Board (i.e., a Fire Chief or an Elected Official) who, with the other ACFPC Directors acting through the process of voting, has the responsibility for determining and implementing the business and affairs of ACFPC. (7) "Joint Powers Board" means the collective group of Directors that is legally responsible for governing the cooperative joint powers entity created by this Agreement. ACFPC's Joint Powers Board is composed of (2) joint decision - making bodies: A.) Fire Chief Directors, who are responsible for the day -to -day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions;" and B.) Elected Official Directors, who are responsible for "Major Financial Decisions" of ACFPC. Together, the Joint Powers Board shall jointly exercise the powers and duties as stated in this Agreement as they deem is in the best interests of ACFPC. (8) "Major Financial Decisions" means an expenditure totaling fifty thousand dollars ($50,000) or snore, and shall require prior approval by the elected officials' decision - making body. 2 137 (9) "Member(s)" shall mean the following government entities: City of Andover City of Anoka City of Bethel City of Blaine City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood (10) "Member Index" or "MI" means a. The total number of Calls for Service experienced by the Member in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for the Member, divided by 1,000,000, plus c. Population for the Member, divided by 100. (11) "Officer" means an individual who is also an ACFPC Director and a fire service professional, who is further entrusted with specific responsibilities and authority within ACFPC to perform the duties and functions of Chairman, Vice Chairman, Treasurer, and /or Secretary as set forth in the Bylaws. (12) "Population" means the most recent population estimate for a given municipality as developed by the Twin Cities Area Metropolitan Council. 3 138 ARTICLE II Purpose The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire - fighting and emergency equipment, fire records data systems, fire- fighter and EMS training, fire prevention, fire inspection, fire- related public education, and other fire- and emergency - related essentials. ARTICLE III Effective Date & Term The effective date of this Agreement shall be , 2014, notwithstanding the dates of the signatures of the parties, and shall continue in full force and effect unless and until the Members agree to its termination, as set forth herein. ARTICLE IV Powers & Duties The Joint Powers Entity created by this Agreement shall have all the powers and duties assigned by law, including the following: (1) Powers: a. The Members hereby delegate to ACFPC all authority necessary and reasonable to accomplish the purposes of this Agreement, including, but not limited to, the ability to obtain grant monies, finance, develop, design, construct, equip, own, staff, and operate any Member - approved programs in accordance with the terms of this Agreement. b. ACFPC may take and hold, by bequest, devise, gift, grant, purchase, lease or otherwise, any property, real, personal or mixed or any undivided interest therein, without limitation to amount or value; to convey, sell, or otherwise dispose of such property; and to invest, reinvest, and deal with the same in such a manner as in the judgment of the Members, will best promote the purposes of ACFPC. c. ACFPC may employ such staff as is necessary to carry out the purpose of this 4 139 Agreement, subject to the financial limitations imposed by law and this agreement. d. ACFPC may contract with individuals and/or other legal entities (corporations, LLCs, partnerships, etc.) to best promote the purposes of the Agreement. e. ACFPC may issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of this Agreement. f. In addition to the powers specified above, ACFPC shall have all powers that may be necessary to enable it to perform and carry out its duties and responsibilities under this Agreement. (2) Service to the community shall be unrestricted based on considerations of disability, national origin, race, color, creed, gender, age, religion, marital status, sexual orientation, and status with regard to public assistance. (3) Duties: a. ACFPC shall operate in accordance with Minnesota open meetings laws and government data practices pursuant to Minn. Stat. Chapters 13 and 13D. b. ACFPC shall operate in accordance with Minnesota joint powers board laws pursuant to Minn. Stat. § 471.59. c. ACFPC shall operate in accordance with all other relevant laws, rules, and internal documents, including its Bylaws. In the event ACFPC's Bylaws conflict with this Agreement, this Agreement shall control. ARTICLE V Composition & Operations 5.1 Composition. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision- making bodies: (1) Fire Chief Directors — For day -to -day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions ": a. Each City /Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. b. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost - share model, and seventy -five percent 140 (75 %) of the cumulative weight of all the Members is required for passage of all items. c. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. (2) Elected Official Directors — For "Major Financial Decisions" of ACFPC: a. Each City /Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. b. One (1) vote per City /Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy - five percent (75 %) of the cumulative weight of all the Members is required for passage of all items. c. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. 5.2 Operations. ACFPC shall have operating and governance procedures as set forth in its Bylaws. ARTICLE VI Member Expense Allocations & Fees 6.1 Calculation. A Member's percentage share of the annual expenses of the ACFPC will be equal to the Member Index divided by the Aggregate Index. 6.2 Cost -share Model. For the calendar year beginning in the year 2015, the Member percentages shall be based on data from calendar year 2013, as displayed on the cost -share model attached as Exhibit B. Exhibit B will also serve as an example of the computation methodology. The data for subsequent calendar years shall be assembled by the ACFPC's Executive Committee for use in annually updating Member expense allocations. 6.3 Annual Fee. Each Member shall pay an annual fee as well as pay its percentage share of ACFPC's annual expenses. The Joint Powers Board shall determine the annual fee and all other fees and /or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with ACFPC. rol 141 ARTICLE VII Withdrawal and Termination 7.1 Withdrawal. A Member may withdraw from ACFPC effective January 1 of any year, subsequent to the Effective Date, by providing a minimum of one (1) year's written notice to the Chair of ACFPC. In the event of withdrawal by any Member, this Agreement shall remain in full force and effect as to all remaining Members and the cost -share model attached as Exhibit B shall be amended. 7.2 Termination of the Agreement. This Agreement shall terminate upon the occurrence of any one of the following events: (1) When any Member withdraws pursuant to this Article, so that in the judgment of the remaining Members, as evidenced by a vote of both the Fire Chief Directors and the Elected Official Directors, it becomes impractical or impossible to continue. (2) When necessitated by operation of law, or as a result of a decision by a court of competent jurisdiction; (3) When the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors, to terminate the Agreement; 7.3 Expulsion of a Member. If a Member fails to perform any material obligation as required by this Agreement, the Bylaws, or applicable law, then ACFPC may, upon sixty (60) days' written notice and continued nonperformance, expel such non - performing Member. 7.4 Effect of Termination or Withdrawal. Termination, withdrawal, or expulsion shall not discharge any liability incurred by any of the Members prior to the date of termination, withdrawal, or expulsion. Termination, withdrawal, or expulsion of a Member shall not act to discharge any liability incurred or chargeable to said Member prior to the date of said Member's termination, withdrawal, or expulsion. Liability shall continue until appropriately discharged by law or mutual agreement. If a Member withdraws or is expelled, its contributions of real property, personal property, and /or liquid assets shall be forfeited to ACFPC for its continued use. 7.5 Distribution of Assets upon Termination. Upon termination of this Agreement, any and all real and personal assets shall be sold, and, after payment of all liabilities, surplus monies returned to the Members in proportion to their contributions, to be used for public purposes. VA 142 ARTICLE `'III Amendment This Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. ARTICLE IX Liability and Insurance 9.1 Insurance. ACFPC is a separate and distinct public entity. As such, ACFPC shall purchase and maintain adequate insurance to protect the entity and its participant Members against risk of loss for the following, which includes, but is not limited to: (1) Damage to any ACFPC property, personal and /or real, as well as any improvements located thereon against claims that may arise during the construction, operation, use, or maintenance of any ACFPC property; (2) Against claims which may arise from the regular activities of ACFPC as contemplated by the purposes of this Agreement; (3) Against unemployment and workers compensation, if ACFPC hires employees; (4) Against claims which may arise based on the good -faith actions of the Joint Powers Board and its Officers; (5) Against any other risk of loss that, in the judgment of the Members, will best promote the purposes of ACFPC. 9.2 Liability. Each Member shall be responsible for its own acts and those of its elected officials, employees, agents, independent contractors and the results thereof, and shall not be responsible for the acts of any other Member, its elected officials, employees, agents, or independent contractors and the results thereof, except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including insurance premiums as well as reasonable attorney and other professional fees), judgments and costs paid or incurred by ACFPC (which arise out of its performance or failure to perform its duties under this Agreement), to the extent not covered by insurance proceeds or a self - insurance risk pool, shall be included in the annual operating budget for the next calendar year. Amounts included in the 143 annual operating budget under this section shall be pro -rated so that the total costs passed through to the Members do not exceed ten percent (10 %) of the annual operating budget. 9.3 Indemnification. ACFPC shall defend and indemnify its own officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. Moreover, ACFPC shall defend and indemnify its participating Members and their officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. All requests for indemnification by ACFPC shall be presented to the Joint Powers Board, and the Members shall determine whether the request should be granted or denied based on all of the relevant facts and circumstances as well as what best will promote the purposes of ACFPC. Nothing contained herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. Nothing contained herein shall be deemed a waiver by any Member of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against any Member shall be subject the maximum liability limits provided in Minnesota Statutes, Section 466.04. To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Members that they shall be deemed a "single governmental unit" for purposes of liability as set forth in Minnesota Statutes, Section 471.59, Subd. 1 a(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Members are not liable for the acts or omissions of another Member except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other Members. Any excess or uninsured liability shall be borne equally by all Members, but this does not include the liability of any individual officer, employee, or volunteer, which arises from his or her own malfeasance, willful neglect of duty, or bad faith. ARTICLE X Property A list of equipment and /or personal property as set forth in Exhibit C is currently owned by ACFPC. Any equipment and /or personal property contributed by a Member after the Effective Date shall be set forth in a separate writing and shall be attached hereto as Exhibit D. M 144 Upon termination of this Agreement, ACFPC shall follow the distribution provision in Article 6.5 of this Agreement. ARTICLE XI General Provisions 11.1 Entire Agreement. This Agreement contains the entire agreement of the Members and shall supersede all oral and written agreements as well as negotiations by the Members relating to the subject matter of this Agreement. 11.2 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such provision shall be void and shall not affect the remaining portions of this Agreement. 11.3 Notice. All notices and communications required pursuant to this Agreement shall be either hand delivered or mailed by U.S. Mail, to the following addresses: City of Andover Fire Chief 1685 Crosstown Blvd NW Andover, Minnesota 55304 763 - 755 -9825 City of Anoka Fire Chief 2015 First Avenue North Anoka, Minnesota 55303 763 -576 -2860 City of Bethel Fire Chief 165 Main Street NW Bethel, Minnesota 55005 763 - 434 -4366 City of Blaine Fire Chief 10801 Town Square Drive NE, Blaine, Minnesota 55449 763 - 786 -4436 10 145 City of Centerville Fire Chief 2085 West Cedar Street Centerville, MN 55038 651- 792 -7901 City of Champlin Fire Chief 11955 Champlin Drive Champlin, Minnesota 55316 763 -576 -2860 City of Circle Pines Fire Chief 200 Civic Heights Circle Circle Pines, MN 55014 651- 792 -7901 City of Columbia Heights Fire Chief 590 -40th Avenue NE Columbia Heights, Minnesota 55421 763 - 706 -8152 City of Coon Rapids Fire Chief 11155 Robinson Drive NW Coon Rapids, Minnesota 763 - 767 -6471 City of East Bethel Fire Chief 2241 -221 st Avenue NE East Bethel, Minnesota 55011 763 - 367 -7886 City of Fridley Fire Chief 6431 University Avenue NE Fridley, Minnesota 55432 763 -572 -3610 City of Ham Lake Fire Chief 15544 Central Avenue NE Ham Lake, Minnesota 55304 763 - 434 -9555 City of Hilltop Fire Chief 4555 Jackson Street NE Minneapolis, MN 55421 763 - 706 -8152 11 146 City of Lexington Fire Chief 9180 Lexington Avenue NE Lexington, Minnesota 55014 763 - 784 -2792 City of Lino Lakes Fire Chief 600 Town Center Parkway Lino Lakes, MN 55014 651- 792 -7901 City of Mounds View Fire Chief 2401 Highway 10 Mounds View, MN 55112 763 - 786 -4436 City of Nowthen Fire Chief 8188 199th Ave NW Nowthen, MN 55330 763 - 433 -9886 City of Oak Grove Fire Chief 19900 Nightingale Street NW Oak Grove, MN 55011 763 - 404 -7000 City of Ramsey Fire Chief 7550 Sunwood Drive NW Ramsey, Minnesota 55303 763 - 433 -9886 City of Spring Lake Park Fire Chief 1301 81st Avenue NE Spring Lake Park, Minnesota 55432 763 - 786 -4436 City of St. Francis Fire Chief 23340 Cree Street NW St. Francis, Minnesota 55070 763 - 441 -4452 Township of Linwood Fire Chief 22817 Typo Creek Drive NE Stacy, Minnesota 55079 651- 462 -0502 12 147 The addressees listed in this section shall be the registered address of the Members for purposes of sending and receiving notices and communications required pursuant to this Agreement. Any Member may change its registered address and /or authorized representative by written notice delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed complete two (2) business days after the date of mailing. 11.4 Members Form a Governing Joint Powers Board. For the purposes of the Agreement, the Members shall collectively form a Joint Powers Board, which shall govern the entity. The Members shall not be deemed to be independent contractors nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any and all agents, servants, employees, or independent contractors of a Member remains an employee or independent contractor of the Member, and shall not be considered an employee or independent contractor of any other Member for any purpose. This paragraph shall not prohibit an employee or independent contractor of any Member from contracting with ACFPC to provide services outside their normal engagements. 11.5 Damages. In the event of a Member's failure to perform obligations under this Agreement, that Member shall be liable to the other parties for any and all damages reasonably sustained by the other Member as a result of such failure. ACFPC shall attempt to first mediate all internal disputes and Members are strongly encouraged to engage in binding arbitration instead of litigation. 11.6 Remedies Cumulative. All remedies provided for herein or otherwise available at law or equity shall be cumulative. The election of one remedy shall not bar other remedies available to the Member. 11.7 Waiver of Default. The waiver of any default by any Member, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. The making or acceptance of a payment by any Member with knowledge of the existence of a default shall not operate or be construed to operate as a waiver of any subsequent default. 11.8 Subcontracts, Assignment. A Member may not subcontract, assign, or otherwise transfer its rights or obligations under this Agreement to any other entity — public or private. 11.9 Successors. Each Member binds itself and its successors, legal representatives, and assigns to the other Members and to the partners, successors, legal representatives, and assigns of such other Members, in respect to all rights and obligations under this Agreement. 13 148 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. CITY OF ANOKA CITY OF CHAMPLIN By: Phil Rice, Mayor Dated: ATTEST: By: Tim Cruikshank, City Manager Dated: Approved as to Form and Execution: By: Scott Baumgartner, City Attorney Dated: CITY OF ANDOVER By: Mike Gamache, Mayor Dated: ATTEST: By: Jim Dickinson, City Administrator Dated: Approved as to Form and Execution: By: Scott Baumgartner, City Attorney Dated: 14 ArMand Nelson, Mayor Dated: ATTEST: By: Bret Heitkamp, City Administrator Dated: Approved as to Form and Execution: By: Scott Lepak, City Attorney Dated: CITY OF BETHEL By: Todd Miller, Mayor Dated: ATTEST: By: Ginger Berg, City Clerk Dated: Approved as to Form and Execution: By: William Goodrich, City Attorney Dated: W-1 R1 CITY OF BLAINE By: Tom Ryan, Mayor Dated: ATTEST: By: Clark Arneson, City Manager Dated: Approved as to Fonn and Execution: By: Patrick Sweeney, City Attorney Dated: CITY OF CENTERVILLE By: Thomas Wilharber, Mayor Dated: ATTEST: By: Dallas Larson, City Administrator Dated: Approved as to Form and Execution: By: Kurt Glaser, City Attorney Dated: 15 CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Dated: ATTEST: By: Walt Fehst, City Manager Dated: Approved as to Form and Execution: By: Scott Lepak, City Attorney Dated: CITY OF CIRCLE PINES By: David Bartholomay, Mayor Dated: ATTEST: By: James Keinath, City Administrator Dated: Approved as to Form and Execution: By: Kim Kozar, City Attorney Dated: 150 CITY OF COON RAPIDS By: Tim Howe, Mayor Dated: ATTEST: By: Steve Gatlin, City Manager Dated: Approved as to Form and Execution: By: David Brodie, City Attorney Dated: CITY OF FRIDLEY By: Scott Lund, Mayor Dated: ATTEST: By: Wally Wysopal, City Manager Dated: Approved as to Form and Execution: By: Darcy Erickson, City Attorney Dated: 16 CITY OF EAST BETHEL By: Richard Lawrence, Mayor Dated: ATTEST: By: Jack Davis, City Administrator Dated: Approved as to Form and Execution: By: Mark Vierling, City Attorney Dated: CITY OF HAM LAKE By: Mike Van Kirk, Mayor Dated: ATTEST: By: Doris Nivala, City Administrator Dated: Approved as to Form and Execution By: Wilbur Dorn, City Attorney Dated: 151 CITY OF HILLTOP By: Jerry Murphy, Mayor Dated: ATTEST: By: Ruth J. Nelson, City Clerk Dated: Approved as to Form and Execution: By: Carl J. Newquist, City Attorney Dated: CITY OF LINO LAKES By: Jeff Reinert, Mayor Dated: ATTEST: By: Jeff Karlson, City Administrator Dated: Approved as to Form and Execution: By: Joseph Langel, City Attorney Dated: 17 CITY OF LEXINGTON By: Michael Pitchford, Mayor Dated: ATTEST: By: Bill Petracek, City Administrator Dated: Approved as to Form and Execution: By: Kurt Glaser, City Attorney Dated: TOWNSHIP OF LINWOOD By: Phillip Osterhus, Chair, Board of Supervisors Dated: ATTEST: By: Judy Hanna, Town Clerk Dated: Approved as to Form and Execution: By: Michael Haag, City Attorney Dated: 152 CITY OF MOUNDS VIEW By: Joe Flaherty, Mayor Dated: ATTEST: By: James Ericson, City Administrator Dated: Approved as to Form and Execution: By: Robert Vose, City Attorney Dated: CITY OF OAK GROVE By: Mark Korin, Mayor Dated: ATTEST: By: Rick Juba, City Administrator Approved as to Form and Execution: By: Robert Vose, City Attorney 18 CITY OF NOWTHEN By: William Schulz, Mayor Dated: ATTEST: By: Corrie LaDoucer, City Clerk Dated: Approved as to Form and Execution: By: Robert Ruppe, City Attorney Dated: CITY OF RAMSEY By: Sarah Strommen, Mayor Dated: ATTEST: By: Kurt Ulrich, City Administrator Approved as to Form and Execution: By: Joseph Langel, City Attorney 153 CITY OF SPRING LAKE PARK By: Cindy Hansen, Mayor Dated: ATTEST: By: Daniel Buchholtz, City Administrator Dated: Approved as to Form and Execution: By: Jeffrey Carson, City Attorney Dated: 19 CITY OF ST. FRANCIS By: Jerry Tveit, Mayor Dated: ATTEST: By: Matthew Hylen, City Administrator Dated: Approved as to Form and Execution By: Scott Lepak, City Attorney Dated: 154 EXHIBIT A - BYLAWS 20 155 Exhibit A Bylaws of Anoka County Fire Protection Council Article I — Name Section 1. Name. The name of the joint powers entity shall be Anoka County Fire Protection Council (hereinafter "ACFPC "). Article II — Location Section 1. Registered Office. The registered office of ACFPC is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. The corporate records shall be stored at ACFPC's registered office. Section 2. Mailing Address. ACFPC's mailing address is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. Section 3. Other Offices. ACFPC may maintain other offices and places of business as the Board may from time to time designate or the business of the ACFPC may require. Article III — Purpose Section 1. Purpose. The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire - fighting and emergency equipment, fire records data systems, fire - fighter and EMS training, fire prevention, fire inspection, fire- related public education, and other fire- and emergency - related essentials. Section 2. Mission. ACFPC shall strive to: A. Improve safety conditions for ACFPC Members' firefighters; B. Promote fire safety through education, inspections, investigations, and general protection of its Members' citizens; C. Exchange ideas among ACFPC Members in areas related to all aspects of fire and emergency services; D. Enhance overall communications between and among ACFPC Members; 1 156 Exhibit A E. Strive to provide to the Members' communities the best overall fire and emergency services that can be jointly made available; F. Serve in an advisory capacity to the Members on matters related to fire and emergency services; G. Serve as an appropriate representative of firefighting and emergency services within Anoka County; H. Coordinate efforts for the mutual exchange of equipment and services among ACFPC Members; I. Provide appropriate training through the Anoka County Training Academy for ACFPC Members' firefighters; J. Participate in the creation and on -going management of the Records Management and Computer Aided Dispatch Systems for ACFPC Members; K. Establish and maintain cooperative relationships with Joint Law Enforcement Council and other government agencies; and L. Enter into contracts, agreements, and transactions for the benefit of all ACFPC Members. Article IV — Membership Section 1. Membership. Membership shall consist of the participating Members of the Joint Powers Agreement, as defined in said Agreement. Article V — Joint Powers Board Section 1. Number and Qualifications. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision - making bodies: A. Fire Chief Directors — For day -to -day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions ": 1. Each City /Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. 2. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy -five percent (75 %) of the cumulative weight of all the Members is required for passage of all items. 3. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. 2 157 Exhibit A B. Elected Official Directors — For "Major Financial Decisions" of ACFPC: 1. Each City /Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. 2. One (1) vote per City /Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy - five percent (75 %) of the cumulative weight of all the Members is required for passage of all items. 3. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. Section 2. Governing Powers. Pursuant to the Joint Powers Agreement and Minn. Stat. § 471.59, the Joint Powers Board shall have all the duties and powers necessary and appropriate for the overall direction of ACFPC, including but not limited to: A. To perform any and all duties imposed upon them collectively or individually by law, by the Joint Powers Agreement, the Bylaws, and /or the Policies & Procedures; B. To appoint and remove, employ and discharge, and, except otherwise provided in these Bylaws, prescribe the duties and fix compensation, if any, of all Officers, agents, employees, independent contractors, and /or committees of ACFPC; to prescribe powers and duties for them; and to fix their compensation; C. To manage and oversee the affairs and activities of ACFPC, and to make policies and procedures; D. To enter into contracts, leases, and other agreements which are, in the judgment of the Joint Powers Board, necessary or desirable in obtaining the purposes of promoting the interests of ACFPC; E. To acquire real or personal property, by purchase, exchange, lease, gift, devise, bequest, or otherwise, and to hold, improve, lease, sublease, mortgage, transfer in trust, encumber, convey, or otherwise dispose of such property; F. To borrow money, incur debt, and to execute and deliver promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities; G. To indemnify and maintain insurance on behalf of any of ACFPC, its Directors, Officers, agents, employees, or independent contractors, for liability asserted against the entity or incurred by such person in such capacity or arising out of such person's status as such, subject to the provisions of Minn. Stat. § 471.59 or other law /equity; and 3 158 Exhibit A H. To follow these Bylaws, including meeting regularly. The Joint Powers Board may engage in such acts that are in the best interests of ACFPC and that are not in violation of Minnesota Statutes or Federal law. No Director shall have any right, title, or interest in or to any property of ACFPC. Section 3. Terms. Because both decision - making bodies composing the Joint Powers Board serve ex officio, there are no terms. Section 4. Election Procedures. Because both decision - making bodies composing the Joint Powers Board serve ex officio, there are no election procedures. Section 5. Resignation, Termination, Leaves, and Absences. A. A Director may resign or request a leave of absence at any time by giving written notice to the Secretary of ACFPC. The resignation or request for leave of absence is effective immediately without acceptance, unless a later effective time is specified in the notice. If a resignation is effective at a later date, the Board may fill the pending vacancy before the effective date if the Board provides that the successor shall not take office until the effective date. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. B. A Director on leave shall be considered an inactive member of the Joint Powers Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. C. Any Director may be removed for just cause, including excess unexcused absences, by an affirmative vote of the remaining Directors within the specific Director group (i.e., Fire Chiefs or Elected Officials). At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. D. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider a Director's removal has been given to each Director and to the Director affected at least thirty (30) days in advance of the meeting. A successive Director may then be elected to fill the vacancy thus created. Any Director whose removal will be proposed shall be given at least thirty (30) days notice of the intent to take such action and an opportunity to be heard at this meeting. 0 159 Exhibit A Section 6. Vacancies. If a Member's representative is removed or resigns, the City /Toxvnship he /she represents must nominate another qualifying representative to serve on ACFPC's Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. Section 7. Compensation. No compensation shall be paid to Directors of ACFPC for their services, time, and efforts. Directors, however, may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. Section 8. Open Meetings and Government Data. Pursuant to Minn. Stat. Chapters 13 and 13D, all meetings, including executive sessions, must be open to the public when required or permitted by law to transact public business in a meeting, and records of those meetings must be recorded and made available to the public upon reasonable request. The minutes of meetings shall record all votes taken at the meeting, including the vote of each Board Member on appropriations of money, except for payments of judgments and amounts fixed by statute. Government data must also be made available to the public upon reasonable request. The Board may close a meeting only under circumstances allowed or required by the Minnesota Open Meeting Law. Section 9. Public Comment at Meetings. A minimum of fifteen (15) minutes shall be reserved at each Board of Director meeting for comments and requests for business to be brought before the Board by employees, volunteers, and /or interested community members. The Chair of the Board may reasonably limit individual speaking times. Section 10. Annual Meetings. An annual meeting shall take place in the month of January, the specific date, time, and location of which will be designated by the Chair of the Board. If the Chair fails to select a place for the annual meeting, it shall be held at ACFPC's registered office. The annual meeting shall be held for the purpose of electing the Officers of ACFPC, as well as the consideration of any other business that may be properly brought before the Board. This shall include, but not be limited to, Board reports regarding ACFPC activities and financial position; authorization of the annual information return for submission; approval of policy /procedures, Joint Powers Agreement and /or Bylaws changes; and input toward the direction of the ACFPC for the coming year. Section 11. Regular Meetings. Regular meetings of the Joint Powers Board may be held at such time and place as shall be determined from time to time by a majority of the Directors. If the Board fails to select a place for a regular Board meeting, it shall be held at ACFPC's registered office. The agenda shall be: • Call to Order • Roll Call E .m Exhibit • Reading and Approval of Minutes of the preceding meeting • Approval of Agenda of current meeting • Reports of Officers • Reports of Committees • Old and Unfinished Business • New Business • Adjournment Section 12. Special Meetings. The Secretary of ACFPC shall call a special meeting upon the written request of any Director. If the Board fails to select a place for the special Board meeting, it shall be held at ACFPC's registered office. Section 13. Notice. Written notice, including the date, time, and place of the meeting, shall be provided to each Director at least five (5) calendar days in advance of any meeting. Notice shall not be provided more than sixty (60) calendar days in advance of any meeting. This notice shall be given personally, by mail, e-mail, telephone, or facsimile. The attendance at, or participation of a Director in, any meeting requiring written notice shall constitute a waiver of notice of such meeting, except where the Director attends or participates for the express purpose of objecting to the transaction of business because the meeting was not lawfully called or convened. Section 14. Quorum. At all meetings, fifty -one percent (51%) or greater of active Directors shall constitute a quorum for the transaction of all authorized business. If fifty -one percent (51%) or greater of active Directors are not present, no voting can occur; only an informal meeting may commence. Section 15. Voting. During Board meetings, votes shall be weighted pursuant to the cost - share model, and seventy -five percent (75 %) of the cumulative weight of all the Members is required for passage of all items. Section 16. Proxies. Voting by proxy shall NOT be permitted. Section 17. Meeting Procedures. Robert's Rules of Order shall be the authority for all questions regarding Board meeting procedures. Section 18. Meeting Decorum. ACFPC shall follow best and lawful practices for conducting business at Board meetings. The Joint Powers Board shall exemplify, communicate, and enforce the expectation that meetings be conducted in an orderly and respectful manner. The Joint Powers Board reserves the right to excuse any Director, Officer, member, guest, member of the media, or audience participant exhibiting conduct that is disrespectful or disruptive to meeting proceedings. Per Robert's Rules of Order Newly Revised, the Chair has the sole responsibility to require order in a meeting. To that end, the Chair has the authority to call a 6 161 Exhibit A Director, Officer, or member to order, and exclude non - members. If necessary to maintain an orderly meeting, the Chair has the authority to remove a participant from the meeting. Section 19. Written Action. Any action required or permitted to be taken at a Board of Director's meeting may be taken by written action signed, or consented to by authenticated electronic communication, by the number of Directors that would be required to take the same action at a meeting of the Board at which all Directors were present. Article VI — Officers Section 1. Designation. Principal Officers of ACFPC shall be: Chair, Vice Chair, Treasurer, and Secretary. At the discretion of the Joint Powers Board, other Officers may be elected with duties that the Board shall prescribe. Section 2. Election of Officers. Officers shall also be Directors of ACFPC as well as fire service professionals, and must be elected at the annual meeting. Officers are elected by the Joint Powers Board. Unless sooner removed by the Board, Officers shall serve for a term of two (2) years, or until their successors are elected. A vacancy in any office may be filled by a majority vote of the Joint Powers Board for the unexpired portion of the term. The Joint Powers Board shall also have the authority to appoint such temporary acting Officers as may be necessary during the temporary absence or disability of the regular Officers. Section 3. Terms. All Officers shall serve a two (2) -year term. An Officer may serve an unlimited number of terms. Section 4. Resignation. An Officer may resign by giving written notice to ACFPC. The resignation is effective without acceptance when the notice is given to the Board, unless a later effective date is named in the notice. Section 5. Removal. Any Officer may be removed from his /her position for just cause by an affirmative vote of either the Fire Chief Directors or the Elected Official Directors. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider an Officer's removal has been given to each Member and to the Officer affected at least thirty (30) days in advance of the meeting. Section 6. Compensation. Officers of ACFPC may, but need not, receive reasonable compensation for their services, time, and efforts. The amount and frequency of payments shall be reasonable, determined from time to time by the Joint Powers Board in accordance with the Conflicts of Interest Policy, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. In addition, Officers may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. 7 162 Exhibit A Section 7. Chair. • The Chair shall be the principal Officer of ACFPC. • Subject to the direction and control of the Board, the Chair shall have general active management of the business of ACFPC. When present, the Chair shall preside at meetings of the Board and of Committees. • The Chair shall see that the orders and resolutions of the Board are carried into effect, and, along with one other Officer of ACFPC, shall sign and deliver in the name of ACFPC deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of ACFPC, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Joint Powers Agreement or by the Board to another Officer or the Executive Director(s). • The Chair may appoint all committees, standing and temporary. The Chair shall be a voting ex- officio member of all committees. • The Chair shall certify the proceedings of the Board, and shall cast the deciding vote when the Joint Powers Board is equally divided. • In general, the Chair shall discharge all duties incident to the Office of Chair and prescribed by the Board, and shall have such powers as may be reasonably construed as belonging to the Chief Executive of any organization. Section 8. Vice Chair. • The Vice Chair shall act in the absence or disability of the Chair. • The Vice Chair shall assist the Chair as requested. • The Vice Chair shall compile and maintain a book of policies and procedures in collaboration with the organization's legal counsel. • The Vice Chair shall perform other duties as prescribed by the Board or by the Chair. Section 9. Secretary. • The Secretary shall keep, or cause to be kept, all non - financial business records and paraphernalia of ACFPC. The Secretary shall be responsible for maintaining all books, correspondence, committee minutes, Membership lists, paraphernalia, and papers relating to the business of ACFPC, except those of the Treasurer. The records and paraphernalia shall be maintained at ACFPC's registered office. • The Secretary shall keep, or cause to be kept, true and accurate minutes of all meetings of the Joint Powers Board and of the Executive Committee. Said minutes shall be kept within the Anoka County Records Management System and a timely copy of all such minutes shall be provided to each ACFPC Member. • The Secretary shall give, or cause to be given, all notices of Joint Powers Board meetings and other notices required by law or these Bylaws. 8 163 Exhibit A • The Secretary shall file any document required by any statute, federal or state, in collaboration with the organization's legal counsel. • The Secretary shall maintain the office and purchase office supplies. • The Secretary shall perform other duties as prescribed by the Board or by the Chair. Section 10. Treasurer. • The Treasurer shall have care and custody of monies belonging to ACFPC and shall be responsible for such monies or securities of the organization. The Treasurer shall be responsible to keep accurate financial records for ACFPC. • The Treasurer shall be keep, or cause to be kept, all financial records belonging to ACFPC. The records shall be maintained at ACFPC's registered office. • The Treasurer shall deposit (or cause to deposit) money, drafts, and checks in the name of and to the credit of ACFPC in the banks and depositories designated by the Board; endorse for deposit notes, checks, and drafts received by the ACFPC as ordered by the Board; make proper vouchers for deposit; and disburse (or cause to disburse) ACFPC's funds and issue checks and drafts in the name of ACFPC, as ordered by the Board. • With the assistance of appropriate professionals: The Treasurer shall prepare a proposed annual budget as well as present the budget and a report of the financial condition of the ACFPC to the Joint Powers Board at the annual meeting, and will, from time to time, make such other financial reports to the Joint Powers Board as it may require. The Treasurer shall also prepare (or cause to prepare) the annual tax filing (if appropriate), annual audit (if appropriate), and other annual financial reports. • The Treasurer shall serve as the Finance Committee Chair. • The Treasurer shall perform other duties as prescribed by the Board or by the Chair. Section 11. Any Officer of ACFPC, in addition to the duties and powers conferred upon him or her by these Bylaws, shall have such additional duties and powers as may be prescribed from time to time by the Joint Powers Board. Articles VII — Committees Section 1. Authority. The Joint Powers Board may act by and through such committees as may be specified in resolutions adopted by a majority of the Joint Powers Board. Each committee shall have such duties and responsibilities as are granted to it from time to time by the Joint Powers Board, and shall at all times be subject to the control and direction of the Joint Powers Board. Committee members, other than the Committee Chair, need not be Directors. Examples of committees that may be formed by the Board are: 0 164 Exhibit A • Standard Operating Procedures Committees: o Radio /Dispatch • Background Checks • Technical Rescue Tactics • Fire Investigations • General SOP • Fire Intervention/Community Education Program • Firefighter Excellence • Technological Advancements • Legal and Governance Committee Section 2. Executive Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish an Executive Committee to consist of at least the Officers. The Chair of the Board will be the Chair of the Executive Committee. The designation of the Executive Committee and the delegation of authority granted to it shall not operate to relieve the Joint Powers Board of any responsibility imposed upon it, as it is subject to the direction and control of the full Board. However, the Executive Committee shall have all the powers and authority of the Joint Powers Board in the intervals between meetings of the Joint Powers Board, except for the power to amend the Joint Powers Agreement and Bylaws. Section 3. Finance Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish a Finance Committee. The Treasurer is the Chair of the Finance Committee, which includes three other Directors. The Finance Committee is responsible for developing and reviewing the fiscal procedures, funding plans, and the annual budget with staff and other Directors. The Board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the Joint Powers Board. Annual reports are required to be submitted to the Board showing actual income, pending income, actual expenditures, and pending expenditures. The financial records of the organization shall be made available to the Directors, Officers, and the public. Section 4. Meetings. Meetings of the individual committees may be held at such time and place as may be determined by a majority of the committee, by the Board Chair, or by the Joint Powers Board. Notice of meetings shall be given to the committee's members at least five (5) business days and no more than sixty business (60) days notice in advance of the meeting unless all members agree to a shorter notification. A majority of the committee's membership shall constitute a quorum. 10 165 Exhibit A Article VIII — Executive Director(s), Employees, & Independent Contractors Section 1. Designation. The Joint Powers Board may select and employ an Executive Director. The Executive Director may also serve as a Director and /or Officer if permitted by the Joint Powers Board; however, strict adherence to the Conflicts of Interest policy shall be necessary, the Executive Director shall only be compensated in his or her capacity as an employee, and the Executive Director shall not also serve as the Treasurer of ACFPC. Section 2. Duties. The Executive Director shall be responsible for providing professional advice and assistance to the Joint Powers Board; administer the work delegated to the staff, hire and release staff members; coordinate with the Treasurer in paying bills and creating deposits; and have such other powers to perform other duties as may be assigned by the Joint Powers Board. Section 3. Other Staff. At the discretion of the Joint Powers Board, the Executive Director may hire and discharge other employed staff as may be reasonable and necessary to support the organization. The employed staff shall report directly to and be accountable to the Executive Director or his or her designee. Section 4. Compensation. ACFPC may pay compensation to the Executive Director, employees, and other independent contractors for services rendered. The amount and frequency of payments shall be reasonable, determined from time to time by the Board, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. Section 5. Checks, Drafts, Petty Cash Fund. The Executive Director may be authorized to provide one of the signatures on checks, drafts, or other orders of payment for ACFPC. He or she may also be authorized to administer a Petty Cash Fund, the size of which will be designated by the Joint Powers Board. Article IX — Volunteers Section 1. Designation. The Joint Powers Board shall establish policies and procedures to recruit, train, and utilize volunteers in the operation of its activities and fulfillment of its purpose and mission. Section 2. Insurance Coverage for Volunteers. ACFPC may maintain a special accident policy to cover those individuals serving the organization in a volunteer capacity. 11 Exhibit A Article X — Management, Finances, & Miscellaneous Provisions Section 1. Calendar Year. The accounting year of ACFPC shall be the calendar year. The accounting year shall begin on the first day of January of each year and end on the last day of December of each year. Section 2. Books and Accounts. ACFPC shall maintain a savings and checking account at a reputable bank under the name "Anoka County Fire Protection Council." The Chair and Treasurer are authorized to act as signatories on all ACFPC bank accounts. In the event the Chairmanship is vacant or the Chair is incapacitated in some manner, the Vice Chair is authorized to temporarily act as a signatory in the Chair's place. In the event the Treasurer's position is vacant or the Treasurer is incapacitated in some manner, the Secretary is authorized to temporarily act as a signatory in the Treasurer's place. ACFPC's books and accounts (or an exact copy thereof) shall be kept at the registered office. Section 3. Budget. An operating budget for ACFPC will be adopted one (1) year in advance of the effective date of budget. Example: The proposed 2016 budget will be discussed at the regular October 2014 ACFPC meeting and adopted at the January meeting of 2015. The Board must approve the budget and all expenditures must be within budget. Any major change in ACFPC's budget must be approved by the Joint Powers Board. Section 4. Financial Responsibility of Members. Each participating Member shall pay an annual fee as well as its percentage share of ACFPC's annual expenses. A. Annual Fee: 1. The Joint Powers Board shall determine the annual fee and all other fees and /or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and /or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with the Board. 2. The period of time covered by the annual fee is from January 1 to December 31 of each year. i. At the regular October ACFPC meeting, a Notice of Dues will be distributed to each Member. The notice will include: Annual Dues and that Member's share of the ACFPC budget, based on the cost sharing model. ii. It shall be the responsibility of each ACFPC Member to remain in "good standing" by timely paying of their Notice of Dues and share of the ACFPC budget. A Member shall be in "good standing" when their annual fee and 12 167 Exhibit A share of the ACFPC budget has been fully paid to ACFPC by December 1 st. A participating Member whose annual fee and share of the ACFPC budget has not been fully paid to ACFPC by December 1 st shall not be in "good standing," and said Member shall forfeit their voting rights on all business items at ACFPC meetings until such time as its annual fee and share of the ACFPC budget has been fully paid. B. Percentage Share of ACFPC Expenses: A Member's percentage share of the annual expenses of the ACFPC shall be equal to the Member Index divided by the Aggregate Index as defined in the Joint Powers Agreement. Member percentage shares will be displayed on a cost -share model compiled annually based on available data. Section 5. Legal Instruments. All contracts, agreements, and other legal instruments executed by ACFPC shall be issued in the name of ACFPC, not the individual name of a Director or Officer. Legal instruments shall be signed by no less than two (2) Officers of ACFPC — the Chair (if able), and one other Officer. While Directors and Officers have authority to sign official documents on behalf of ACFPC, they may do so ONLY after proper consideration and approval by the Joint Powers Board. In the absence of approval by the Joint Powers Board, the individual Director or Officer is personally liable on the legal instrument. Section 6. Loans. No loans shall be contracted on behalf of ACFPC nor shall evidences of indebtedness be issued in its name unless specifically authorized by resolution of the Joint Powers Board. Such authority shall be confined to specific instances. Section 7. Examination by Directors, Members & Public. Every Director, Officer, Member of ACFPC, and the Public shall have a right to examine, in person or by agent or attorney, at any reasonable time, and at the registered office, all books and records of ACFPC and make extracts or copies therefrom. Section 8. Periodic Reviews. To ensure ACFPC operates in a manner consistent with its public purposes, files all required paperwork, and does not engage in activities that could jeopardize its image and status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects: A. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining; B. Whether partnerships, joint ventures, and arrangements with management organizations conform to ACFPC's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further the Joint Powers Agreement's 13 168 Exhibit A purposes and do not result in impermissible private benefit or kickbacks; C. Whether ACFPC is properly filing paperwork with government entities. In addition to organizational compliance documents, ACFPC shall file all required employer reports to agencies such as the Minnesota Unemployment Insurance Fund, the Minnesota Dept. of Revenue, the Minnesota Attorney General's Office, the Minnesota Secretary of State, the Social Security Administration, and provide employee tax documents by the required deadlines. Section 9. Publication and Media. A. WEBSITE: ACFPC's official website shall be maintained monthly or as often as deemed necessary by the Joint Powers Board. The webmaster shall coordinate with the Joint Powers Board with regard to website content. ACFPC will be responsible for paying all costs associated with the domain name, hosting, SEO, and other related expenses related to maintaining ACFPC's official URL. B. NEWSPAPERS AND PRESS: ACFPC shall always portray the organization and its Directors, Officers, members, employees, independent contractors, and other agents in the most positive nature possible. When internal and /or external crises arise, public relations matters may require rapid advice from an attorney or PR professional. Section 10. Affiliations. ACFPC may maintain professional affiliations that benefit and strengthen the organization in its capacity to fulfill its mission. Section 11. Policies and Procedures. The Joint Powers Board shall establish policies and procedures: • To codify decisions made by the Board at regular meetings in one central location; • Regarding internal financial controls; • Regarding gifts and grants to other individuals /organizations; • Regarding employees and volunteers; • Regarding Emergency Response SOP; and • Regarding other topics that may become reasonable and necessary. Section 12. Amending the Joint Powers Agreement and Bylaws. ACFPC shall have the power to amend the Joint Powers Agreement and these Bylaws. Pursuant to the Joint Powers Agreement, amendments to the Joint Powers Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. Amending these Bylaws requires the same process. 14 169 Exhibit A Certification These Bylaws were approved by all Members as a part of the adoption of the Joint Powers Agreement Secretary 15 Date 170 EXHIBIT B - 2015 COST -SHARE MODEL 21 171 EXHIBIT C - EQUIPMENT AND /OR PERSONAL PROPERTY CONTRIBUTED PRIOR TO THE EFFECTIVE DATE Purchase Category Description Date Cost FIP JFS Display cases FIP Projector for JFS FIP luggage cart for FIP 07/18/2000 $ 30.89 FIP File boxes for FIP 03/26/2001 $ 26.23 FIT Investigation Team equipment 09/08/2004 $ 2,500.00 Label Printer 11/04/2004 $ 2,153.31 FIT Investigations Trailer 06/15/2005 $ 3,041.18 FIT Investigations Trailer signs 07/19/2005 $ 290.00 FIT Investigation Team equipment 03/01/2006 $ 1,980.96 FIT Investigation Team equipment 03/06/2006 $ 1,203.24 FIT Investigation Team equipment 04/27/2006 $ 373.43 FIT Investigation Team equipment 06/01/2006 $ 663.24 FIT Investigation Team equipment 07/24/2006 $ 439.55 FIT Investigation Team equipment 07/24/2006 $ 47.20 FIT Investigation Team equipment 07/24/2006 $ 203.09 FIT Investigation Team equipment 01/29/2007 $ 150.00 22 172 CISD peer counseling laptop 05/16/2007 $ 1,592.18 FIT Scanner for Fit 02/14/2008 $ 262.85 FIT File Cabinet for FIT 02/21/2008 $ 215.24 FIT Flash & Camera Bag FIT 08/07/2008 $ 379.47 FIT Hard Hats FIT 09/16/2008 $ 91.44 FIT Small Tools FIT 11/13/2008 $ 37.07 FIT Folding Chairs FIT 11/13/2008 $ 96.09 FIP FIP file cabinet 06/16/2009 $ 168.12 FIT FIT Items 07/13/2009 $ 92.66 FIT FIT Items 07/13/2009 $ 90.07 FIT Half Mask & Filters 07/27/2009 $ 256.30 FIT FIT Tools 12/22/2009 $ 156.67 FIT ACFIT Camera 06/14/2010 $ 965.44 FIT Half Mask 11/04/2010 $ 330.00 FIP FIP computer software 10/24/2011 $ 1,437.19 FIT FIT - Flash Drive 02/06/2012 $ 32.12 23 173 EXHIBIT D - EQUIPMENT AND /OR PERSONAL PROPERTY CONTRIBUTED AFTER THE EFFECTIVE DATE 24 174 CITY COUNCIL LETTER MRF.TING OF- T)F.CF.MRF.R R ?014 AGENDA SECTION: OTHER ITEMS FOR ORIGINATING DEPT: CITY MANAGER CONSIDERATION FINANCE BY: JOSEPH KLOIBER APPROVAL ITEM: RESOLUTION 2014 -91; BEING A RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2015, SETTING THE CITY LEVY, AND APPROVING THE DATE: 12/04/2014 HRA LEVY. Background The attached resolution reflects the City Manager's 2015 proposed budget and levy. This proposal has been reviewed with the City Council at four work sessions and various regular meetings, beginning in August. Of course, the development of the 2014 budget actually began in 2009, with the development of the City's five -year financial plan. The City Manager's 2015 Budget Message explains the proposed 2015 budget and tax levy with 127 pages of summary and detail information, including comparison to the current and two prior years. In addition to the hardcopies distributed to the City Council and the city library, this document has been available to the public on the Finance department page of the city website. Individual department budget workbooks with an even greater level of detail were also distributed to the City Council in September. The proposed 2015 increase to the gross tax levy is 3.25% over 2014, which is the smallest increase to the gross levy since 2007. The proposed 2015 increase in operating expenses is limited to 2.5% overall. The cost of goods and services for resale are budgeted however, at the expected prices suppliers will charge the City. The difference between the change in the tax levy and the change in operating expenses reflects two things: 1. The City's long -term goal of shifting state aid revenue (LGA) from operating budgets to capital budgets. 2. Conservative (low) projections for increases in nontax revenues, such as fees for programs. The separate HRA levy of $176,578 included in the attached resolution is a 4% decrease from 2014. This is the sixth consecutive year that the HRA levy has decreased. Analysis At the last City Council work session, staff was asked to provide an analysis of the possible use of a one -time refund to the City to replace, for the year 2015 only, an equal amount of the on -going property tax levy. The amount of the one -time refund is approximately $113,000. For 2015, this would reduce the net tax on the average home by about $1.00 per month. Then to replace the one -time funds in 2016, the City would of course have to add the $113,000 back into the 2016 levy. Unfortunately, the one -time 2015 reduction will also reduce the 2016 area -wide subsidy by approximately $34,000; as that subsidy is based on the relative size of the local levy. So another $34,000 would also have to be added back into the 2016 levy to return to the same position as before the 2015 alternative. These 2016 increases would be in addition to the already - planned 2016 levy increases for the new library debt and 3.25% for operations. 175 City of Columbia Heights City Council Meeting of December 8, 2014 Page 2 The factors of gross tax levy and budgeted expenditures discussed above are the items included in the attached resolution for consideration by the City Council. Other factors to note, but which are not under the control of the City include: 1. The effect of the Area -Wide Fiscal Disparities subsidy on 2014 -2015 As explained in last year's budget process, this outside subsidy increased substantially for 2014, which reduced local taxes for 2014, but that effect reverses for 2015. For the local taxpayer, this adds an additional 3.35% to the 2015 gross levy increase of 3.25 %. Nonetheless, this still leaves the net City tax levy equal to what it was for 2013. 2. Changes in property values, as determined by Anoka County Changes in property values do not change the City tax levy. They only determine how that tax levy shifts between property owners. On average, residential properties with less than three dwelling units have assessed value increases of 25% to 30% for 2015, whereas other types of property in the City had value decreases of 0% to 7 %. Tax levies by other jurisdictions At the last City Council work session, a question was raised regarding the two school district levies recently approved by voter referendum. The school operating levy was included on the recent Anoka County notice of proposed taxes, because it is an existing levy that does not expire until 2016. The school capital levy is a new levy which was not on the Anoka County notice, because the vote occurred after the filing date for 2015 proposed levies. RECOMMENDED MOTION: Move to waive the reading of Resolution 2014 -91 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2014 -91, being a resolution adopting a budget for the year 2015, setting the City levy, and approving the HRA levy. JK: nb 1412041 COUNCIL Attachment COUNCIL ACTION: 176 RESOLUTION 2014 -91 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2015, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. 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 2015 is hereby approved and adopted with appropriations for each of the funds listed below. 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 2015. Expense Governmental Funds Governmental Funds 11,718,147 Community Development Fund 206,200 General Fund 11,631,398 Cable Television 188,000 Community Development Fund 272,743 Capital Project Funds 1,158,811 Economic Development Authority Admin. 230,775 Proprietary Funds Cable Television 106,455 Sewer Fund 1,960,116 Library 833,971 Storm Sewer Fund 685,467 Capital Project Funds 2,143,020 Central Garage 696,650 Debt Service Funds 1,543,165 Information Systems 338,000 Proprietary Funds 742,345 Capital Assets Bond Principal Water Fund 2,843,661 895,000 241,028 Sewer Fund 2,470,358 360,000 35,000 Refuse Fund 1,926,735 0 0 Storm Sewer Fund 646,475 940,000 120,256 Liquor Fund 9,545,338 0 180,000 Central Garage 713,505 0 0 Building Maintenance 151,224 0 0 Information Systems 372,982 340,000 0 Total Including Interfund Transfers 35,431,805 2,535,000 576,284 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 2015. 177 Revenue Governmental Funds General Fund 11,718,147 Community Development Fund 206,200 Economic Development Authority Admin. 260,578 Cable Television 188,000 Library 833,971 Capital Project Funds 1,158,811 Debt Service Funds 1,600,254 Proprietary Funds Water Fund 3,177,401 Sewer Fund 1,960,116 Refuse Fund 1,914,065 Storm Sewer Fund 685,467 Liquor Fund 9,804,400 Central Garage 696,650 Building Maintenance 147,400 Information Systems 338,000 Use of Fund Balance 742,345 Total Including Interfund Transfers 35,431,805 177 Section C. The following sums of money are levied for the current year, collectable in 2015 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 8,673,000 Estimated Library Levy 804,389 Estimated EDA Fund Levy 84,000 Total 9,561,389 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2015 in the amount of $176,578. BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2015 that is higher than the tax rate calculated for the City for taxes levied in 2013 collectable in 2014. 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 2007A in the amount of $10,000 and that the County Auditor is authorized to cancel $10,000 of the related Bond Levy for taxes payable in 2015, leaving a balance of $121,663 to be levied for taxes payable in 2015 for Series 2007A. 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 $340,046 and that the County Auditor is authorized to cancel $340,046 of the related Bond Levy for taxes payable in 2015, leaving a balance of $317,608 to be levied for taxes payable in 2015 for Series 2008B. 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 $3,955 and that the County Auditor is authorized to cancel $3,955 of the related Bond Levy for taxes payable in 2015, leaving a balance of $233,046 to be levied for taxes payable in 2015 for Series 2009A. 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 2013A in the amount of $95,220 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2015. The Finance Director /Treasurer is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 8th day of December 2014. Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Katie Bruno City Clerk /Council Secretary 178 COLUMBIA HEIGHTS CITY COUNCIL Meeting of: December 8, 2014 AGENDA SECTION: New Business ORIGINATING CITY MANAGER'S NO: DEPARTMENT: EDA APPROVAL ITEM: Decertifying Sheffield Tax Increment Financing BY: Joe Hogeboom BY:wwY� District DATE: December 3, 2014 BACKGROUND: In 1995, The Sheffield /M8 Tax Increment Financing (TIF) District was established to assist in the removal of blighted and obsolete structures. The District has expired, and is now decertified. This means that no more tax increment is being collected, and that taxes in the District will now flow back to the City, County and School District. An interfund loan of $728,916 from the Sewer and Utilities Fund was given on December 31, 1997 and was paid in full in 2012. The TIF Plan currently does not provide for any additional expenditures beyond the ones that were financed through the interfund loan. The EDA Attorney believes it is a matter of debate whether the EDA may amend a TIF Plan to allow for additional expenditures outside of the district after all of the in- district expenditures have been paid, and recommends decertification of the Sheffield District. It has recently come to staff's attention that the Sheffield /M8 TIF District should have been decertified in 2013. Since that time, an additional $209,082 in increment was generated in the Sheffield Tax Increment Financing District. Of those funds, $113,715.07 will be returned to the City, while $59,258.32 will be returned to Anoka County and $36,108.61 will be returned to the Columbia Heights School District. For the City's portion of the funding, there are no restrictions as to where the funds may be coded. The funds will be returned in 2015, and the City Council must decide where the money should be allocated at that time. Decertification of a tax increment financing district requires both a resolution from the EDA, as well as the City Council. The EDA approved the decertification of the Sheffield Tax Increment Financing District in November. RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2014 -95 decertifying the Sheffield Tax Increment Financing District. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2014 -95, there being ample copies available to the public. Motion: Move to approve Resolution 2014 -95, Resolution of the Columbia Heights City Council Decertifying Sheffield Tax Increment Financing District (No. M8). Attachments: Location Map, Resolution 2014 -95 (1 page) COUNCIL ACTION: 179 CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2014-95 RESOLUTION DECERTIFYING THE SHEFFIELD TAX INCREMENT FINANCING DISTRICT (NO. M8) follows: BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (the "City ") as Section 1. Recitals. 1.01. The City and the Columbia Heights Economic Development Authority (the "Authority ") previously established the Sheffield Tax Increment Financing District (No. M8) (the "TIF District ") within Redevelopment Project No. 1. 1.02. The Authority has fully prepaid and redeemed an outstanding interfund loan (the "Interfund Loan ") payable from tax increment derived from the TIF District; therefore, pursuant to Minnesota Statutes, Section 469.1763, subd. (b), the TIF District must be decertified on or after the date of payment in full, as there are no additional obligations payable from tax increment derived from the TIF District. 1.03. On November 3, 2014, the Authority authorized the decertification of the TIF District due to payment in full of the Interfund Loan, subject to approval by the City. Section 2. TIF District Decertified; Filing. 2.01. The TIF District is hereby deemed decertified as of November 3, 2014. 2.02. Authority staff is authorized and directed to transmit a copy of this Resolution to Anoka County with instructions to decertify the TIF District, it being the intent of the Authority and the City that any tax increment derived from the TIF District and collected after November 3, 2014 should be redistributed by the County Auditor to the taxing jurisdictions within the TIF District. 2.03. Authority staff is directed to return any remaining tax increment in the accounts established for the TIF District to the County Auditor for distribution to the taxing jurisdictions within the TIF District. Adopted this 8th day .of December, 2014. Mayor ATTEST: City Clerk 452133v1 MNI CL205 -3 180 Columbia Heights M8 -TIF District 14514 1 11025 55 4660 51- 4648 49 - 4642 47 4636 41 4630 1 35 4624 29 —� 4616 17 09 05 4606 01 1111 4557 F4554 4549 4548 4543 4542 4537 - -- - 4536 4531 4534 4525 4530 4519 4515 I 4516 4509 4510 1035 4500 / n F e- fir' " -' I t FT fz .�r P -•3 _47TH _ 1 4657 W654 4653 46501 4655 1 4651 4648 M8 45 4644 464 4645 4642 4639 4638 _ J C 0 AVE 1400 1 1440 4641 63 I 4637 �I _ 4633 4632 � +' � � � ��� 4637 63 , 4631 ° c°n w c, I m " 4633 i 4627 4626 4625 624 4621 4620 4619 4618 LU 619 4615 4614 4613 1 4610 0 1 LLJ 4613 4607 4606 -1 4609 4608 W1 4607 4601 4603 4602 a 4601 46TH AVE 4556 1 14555 - F- _r 45TH O O — N N O I O N O O AA — I ? I A O O N N � �I W V 4545 67 N W W j A ° o M N °o � I nT 4539 CD N N O O N W ? W O Cn -4 r 451/2 AVE 1 N 0 0.045 0.09 0.18 Miles 181 N OOC ! N O � I nT N W O W W ? W O W W N 4509 N N IQ V W W W I (O W CA W .� W W N 0 0.045 0.09 0.18 Miles 181 COLUMBIA HEIGHTS CITY COUNCIL Meeting of: December 8, 2014 AGENDA SECTION: New Business ORIGINATING CITY MANAGER'S NO: DEPARTMENT: EDA APPROVAL ITEM: Affirmation of Special Project Funds for BY: Joe Hogeboom Redevelopment Activities DATE: December 3, 2014 \1A BACKGROUND: The Special Projects Fund (Fund 226) was designated by the City Council in 2010 as a fund that could be used for redevelopment activities in the City. The Economic Development Authority (EDA) has authorized two projects that would be funded through Fund 226. The first project that was authorized by the EDA was the City Branding and Communication Campaign, for which a budget of $30,000 was authorized. A contract was awarded in June, 2014 to Replace Design Firm to complete the branding work. This project is ongoing, and is expected to be completed in early 2015. On November 3, the EDA consented to utilize the services of the McComb Group in the amount of $16,000 to conduct a market analysis specific to retail and services along Central Avenue. Because Fund 226 is under the general authority of the City Council, the City Council must pass a resolution to affirming the use of funding for these two projects. RECOMMENDATI Staff recommends that the City Council adopt Resolution No. 2014 -96 affirming the use of Special Projects Funds (Fund 226) for the City Branding and Communication Campaign and for the market research study of the Central Avenue corridor. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2014 -96, there being ample copies available to the public. Motion: Move to approve Resolution 2014 -96, Resolution of the Columbia Heights City Council Affirming the Use of Special Projects Funds for Redevelopment Activities. Attachments: Resolution 2014 -96 (1 page) COUNCIL ACTION: 182 follows: CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2014-96 RESOLUTION AFFIRMING THE USE OF SPECIAL PROJECTS FUNDS FOR REDEVELOPMENT ACTIVITIES BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (the "City ") as Section 1. Recitals. 1.01. The City of Columbia Heights committed Special Projects Fund (Fund 226) for redevelopment purposes through Resolution 2010 -138. 1.02. The City has designated the Columbia Heights Economic Development Authority to administer redevelopment activities throughout the City. 1.03. The Economic Development Authority approved the use of up to $30,000 of Fund 226 for the City Branding and Communications Campaign and the use of up to $16,000 of Fund 226 for a market analysis to identify retail market demand for retail stores, restaurants and services along Central Avenue. Section 2. Use of Special Projects Funds Affirmed for Redevelopment Activities. 2.01. The City Council affirms the actions of the Economic Development Authority to allocate $30,000 of Special Projects Funds (Fund 226) for the City Branding and Communication Campaign and the use of $16,000 of Special Projects Funds (Fund 226) for a market analysis to identify retail market demand for retail stores, restaurants and services along Central Avenue. Adopted this 8th day of December, 2014. Mayor ATTEST: City Clerk 452133v1 MNI CL205 -3 183