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06-08-2015 Regular Meeting
CITY OF COLUMBIA HEIGHTS Mavor Gary L. Peterson 590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at. www.ci.columbia- heiehts.mmus Robert A. Williams Bruce Mawrocki Donna Schmitt John Murzyn, Jr. City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday June 8, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, 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) CALL TO ORDER ROLL CALL INVOCATION Invocation provided by Bob Lyndes, Crest View Senior Community PLEDGE OF ALLEGIANCE 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.) PROCLAMATIONS, PRESENTATIONS, RECOGNITION ANNOUNCEMENTS & GUESTS 1. Presentation of Humanitarian of the Year Award to Jim Fowler. 2. Update from Columbia Heights High School Students. 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 May 26, 2015. pg 4 MOTION: Move to approve the work session minutes of June 1, 2015 pg 6 B. Approve Transfer of Public Safety Building Range Rental Fees/Proceeds from Sale of Recycled Brass Shell Casings. Pg 8 MOTION: Move to transfer $7,845 of monies received in Public Safety Building Range rental fees to the Police Department's Minor Equipment line item 101.42100.2010. These funds will be used to purchase six X26P Tasers with battery packs and extended warranties. City Council Agenda June 8, 2015 Page 2 of 3 MOTION: Move to transfer $1,400 of monies received in Public Safety Building Range rental fees ($455) and recycled brass proceeds ($945) to the Police Department's General Supplies line item 101.42100.2171. These funds will be used to purchase supplies such as Taser cartridges. C. Approve Transfer of Funds for TZD Grant reimbursement Detox transports Details at pg 9 CHHS, and AHDTF OT from General Fund to Police Department OT Line Item 1020 MOTION: The $4,000 received as AHDTF overtime, and the $7,725.50 received from School District #13 for traffic enforcement and security details, and the $1230 received for detox transports, and the $1,883.35 received as reimbursement under the Safe and Sober grant (TZD) be transferred to line item 1020, Overtime. This total is $14,838.85. D. Solar Power for City Buildings. pg 10 MOTION: Move to authorize preparation of an Engineering Report that would analyze the feasibility of adding solar power at: Top Valu 1, the Public Safety Building, Public Works, and the new Library. E. Existing City ey Building_ pg 27 MOTION: Direct staff to prepare: 1. A market analysis for the existing library building at 820 40th Street; 2. A condition analysis of the existing facility. F. Labelle Park Project: Change Order No. 1. pg 28 MOTION: Move to authorize Contract Change Order No. 1 for City Project No. 1306 to Odesa II, LLC of Sauk Rapids, Minnesota in the amount of $37,487 for a new contract amount of $416,441. G. Horwitz NS /I Contract Extension. pg 34 MOTION: Move to approve a one -year contract extension with Horwitz NS /I for HVAC Preventative Maintenance Services for City facilities effective November 23, 2015 through November 23, 2016 at a 2% adjustment; and to authorize the Mayor and City Manager to enter into a contract for the same. H. Approve Funding Agreement with RCWD in the amount Of $50,000. pg 35 MOTION: Move to enter into a funding agreement with Rice Creek Watershed District (RCWD) for reconstruction of the stormwater pond at Silver Lake boat landing for an approved amount of $50,000; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. I. Approve Funding Agreement With MWMO in the amount Of $600,000. pg 41 MOTION: Move to enter into a funding agreement with the Mississippi Watershed Management Organization (MWMO) for the new City Library for an approved amount not to exceed $600,000; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. J. Adopt letter of support for the 2014 Fire Department Staffing for Adequate Fire and pg 52 Emergency Response (SAFER) grant application. MOTION: Move to adopt letter of support for the 2014 Fire Department Staffing for Adequate Fire and Emergency Response (SAFER) grant application. City Council Agenda June 8, 2015 Page 3 of 3 K. Approve Business License Applications pg 58 MOTION: Move to approve the items as listed on the business license agenda for June 8, 2015 as presented. L. Payment of Bills pg 60 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 156936 through 157088 in the amount of $ 749,271.97. MOTION: Move to approve the Consent Agenda items. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 1. Stinson Boulevard Reconstruction Agreement with the City of St. Anthony. pg 68 MOTION: Move to enter into a Joint Powers Agreement for Stinson Boulevard street improvements from 37th Avenue to north of 40th Avenue with the City of St. Anthony. 10. ADMINISTRATIVE REPORTS Report of 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 Walt Fehst, City anager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 26, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON TUESDAY MAY 26, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:01 pm. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn Jr. Also Present: Kelli Bourgeois, Human Resources Director /Assistant to the City Manager; Jim Hoeft, City Attorney; Katie Bruno, Council Secretary 3. INVOCATION Invocation provided by Pastor Dan Thompson, Heights Church 4. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Mayors report regarding Prayer Breakfast and City Of Peace Awards. Mayor Peterson reported that the Community Prayer Breakfast was well attended, and went very well. Three Peace Awards were presented to the following; VJ Smith for his work with MAD DADS, the Columbia Heights Police Department for their work in the city and the schools and Holy Land Deli for their community support. Mayor Peterson encouraged participation in the Columbia Heights Royalty program, noting it can be a great opportunity. 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 May 11, 2015. B. Approval of the attached list of Rental Housing Licenses. MOTION: Move to approve the attached list of rental housing licenses. C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 26, 2015 as presented. City Council Minutes May 26, 2015 Page 2 of 2 D. 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 156746 through 156935 in the amount of $ 1,085,323.83 Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the Consent Agenda items as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -None B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager Councilmember Nawrocki requested city staff provide him with a report regarding their visit scheduled for Friday May 29th to 4860 Monroe St NE. Councilmember Nawrocki also asked for a list of the names of the participants in the trips and outing through the recreation department. Councilmember Nawrocki expressed his disappointments with the Library Boards recent decision to not have extra copies of the Anoka County Record available for the public. Councilmember Schmitt clarified that there will be a copy available at the library for review, and the public can find the publication on -line. Report of the City Attorney 11. CITIZENS FORUM Malcolm Watson -1717 49'x' Ave NE spoke about the City's history, and some of the significant growth that occurred in the 1960's. 12. ADJOURNMENT Mayor Peterson encouraged residents to remember our servicemen and women, and to try to enjoy life, and to do a random act of kindness. Meeting adjourned at 7:28 p.m. Respectively Submitted Katie Bruno, City Clerk/Council Secretary Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: June 1, 2015 Time of Meeting: 7:00 PM- Following the EDA Meeting Location of Meeting: Conference Room #1 Purpose of Meeting: WORK SESSION CALL TO ORDER /ROLL CALL The meeting was called to order at 7:27 PM Present: Mayor Peterson, Councilmembers Murzyn Jr, Nawrocki, Schmitt and Williams. City Manager Walt Fehst, Director of Community Development Joe Hogeboom, Assistant Community Development Director Loren Wickham, Public Works Director Kevin Hansen, Facilities Maintenance Supervisor Eric Hanson, Library Director Renee Dougherty, City Clerk Katie Bruno. Potential Changes to Interim Use Permit Requirements Director of Community Development Joe Hogeboom explained that City Staff is requesting the definition of our interim use permit be expanded to include other uses, such as outdoor tents. The building code and the fire code both have standards in place to provide for the health and safety of the community. Director Hogeboom requested the council provide guidance in the drafting of an ordinance to address the additional uses that may fall under the interim use permit. Mayor Peterson would like to see the Community Development Department produce some of the routine request in house rather than require council approval. Director Hogeboom clarified that any modification would be by ordinance through the Public Hearing process. Administrative Fines for Zoning Violations Director of Community Development Joe Hogeboom explained that currently there are two ways for staff to enforce violations to the zoning code; issuance of a citation or the issuance of a series of warnings. It is not possible to issue a citation without obtaining a driver's license from the subject; this is not always possible. The state allows for administrative fines for a variety of violations. Hogeboom explained this could be an additional tool to obtain compliance; it would be used following other attempts to resolve the issue. The city would be authorized to charge a fine of $6o per infraction. If the subject wishes to appeal the fine, the council would serve as the appeal board. Solar Power for City Buildings Director of Public Works Kevin Hansen reported that Facilities Maintenance Supervisor Eric Hanson has been researching the options of solar power for city buildings. Director Hansen reported that legislative changes have made solar powering more attractive to cities. Three options are available; Made in Minnesota, Roof Top Solar Program and Solar Garden program. Director Hansen gave an overview of each of the available programs. Tax credits are being offered through 2o16. Hansen stated the recommended next steps would be to order an Engineer's Study, at a cost of about $1o,000. If the study is done, and we proceed with the project, the cost for the study would be included in the contract, resulting in no cost to the city. Plan for Existing City Library Building Director of Public Works Kevin Hansen suggested the council develop a plan for the existing library including completion of a market analysis, consideration of possible uses and order a facilities condition analysis. Councilmember Nawrocki suggested putting up a "For Sale" sign. It was recommended to wait until a market analysis is complete. LaBelle Park Project: Change Order No. i Director of Public Works Kevin Hansen reported that the project bids were received in February, and were exceptionally good. The lower overlook portion of the park was not included in the original bids. We are now able to afford the proposed changes, and the Park & Recreation commission has recommended council approve the changes. The contractor would complete the project in July of this year. Update on Grants Director of Public Works Kevin Hansen reported that the following grants will be on the June 8 council agenda. • Library — MWMO $600,000 for storm water at the new library- location. • RCWD — Silver Lake Boat Landing Pond Recon $53,000 a partial portion of the cost for an infiltration basin and aquatic plantings. The following item will come before the council at a later date. • MNDOT — HSIP for Central Avenue Lighting $891,000 for additional lighting on both sides of Central Avenue between 46th and 52n3, as this area has been noted as one of the worst areas for both automobile and pedestrian accidents. Other Items Mayor Peterson asked about the process for getting some work done on 37th Ave between Stinson Blvd. and Central Ave. Director Hansen reported he has been in contact with the City of Minneapolis regarding 37th Avenue. The project is not in the City of Minneapolis' 5 year program at this time. Hansen suggested the possibility of partnering with Minneapolis for the project. Councilmember Nawrocki asked for an update on the new logo implementation. City Manager Fehst reported that there are some small issues that need to be worked out. Meeting Adjourned at 8:50 PM Resp ctively Submitted, &wvit - Katie Bruno, City- Clerk /Council Secretary COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 8, 2015 AGENDA SECTION: CO T ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 JM POLICE APPROVAL ITEM: Approve Transfer of Public Safety BY: Scott Nadeau BY: Building Range Rental Fees/Proceeds from DATE: June 1, 2015 DATE: Sale of Recycled Brass Shell Casings Background: The Columbia Heights Police Department leases out use of the gun range at the Public Safety Building to various other law enforcement agencies including the Brooklyn Center, Robbinsdale, Crystal and Roseville Police Departments. To date in 2015, the department received $8,300 in Range Rental Fees. These amounts were deposited into the city's General Government Rents account. In addition, $945 was generated through the sale of brass shell casings collected at the range to a recycler. In total, $9,245 has been collected in range rental and proceeds from the sale of recycling of brass shell casings. The Police Department requests that these funds be transferred to its regular budget, line item 2010 Minor Equipment, in order to use this money for the purchase of six X26P Tasers. This purchase completes the replacement of the department's Tasers X26 Tasers, which have reached reliable end of life and are in need of replacement. The Police Department has already purchased six X26P Tasers, and this will complete the department's replacement of this less - lethal use of force option. CHPD policy requires officers to carry a Taser while they are on duty unless one is not available for them. The cost to purchase these Tasers with battery packs and extended warranties is $7,845. The balance of $1,400 is requested to be used for purchasing supplies such as Taser cartridges and holsters. That amount is requested to be transferred to line item 2171, General Supplies. Recommendation: Staff recommends passing the recommended motions (below). Recommended Motions: Motion: Move to transfer $7,845 of monies received in Public Safety Building Range rental fees to the Police Department's Minor Equipment line item 101.42100.2010. These funds will be used to purchase six X26P Tasers with battery packs and extended warranties. Motion: Move to transfer $1,400 of monies received in Public Safety Building Range rental fees ($455) and recycled brass proceeds ($945) to the Police Department's General Supplies line item 101.42100.2171. These funds will be used to purchase supplies such as Taser cartridges. Attachments: none COUNCIL ACTION: CITY COUNCIL LETTER Meeting of June 8, 2015 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. 7.D V POLICE APPROVAL: ITEM: Approve Transfer of Funds for TZD Grant reimbursement, Detox transports, Details at CHHS, BY: Scott Nadeau BY: and AHDTF OT from General Fund to Police DATE June 3, 2015 DATE: Department OT Line Item 1020 NO: BACKGROUND The Police Department has received two checks from Anoka County in the amount of $2,000.00 each as reimbursement for the overtime of our AHDTF Officer for the fourth quarter of 2014 and the first quarter of 2015. The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of overtime incurred by the AHDTF officers. The Police Department has assisted School District #13 with traffic direction on 49th Avenue at Valley View /Columbia Academy. We've also provided an officer to assist with security during home basketball and football games. For these details, we were reimbursed in the amount of $7,725.50 ($4529.50, $980, and $2,216). Per our agreement with Anoka County, we are reimbursed $30 per detox patient transported. These transports go to Mission Detox in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. So far in 2015, we have received checks for $1230 ($540 and $690) as reimbursement for these transports. The Columbia Heights Police Department has been participating in the statewide Safe and Sober (Toward Zero Deaths, or TZD) program. We have received reimbursement from Coon Rapids, the agency coordinating the grant, in the amount of $1,883.35 ($393.91 and $1489.44) for the overtime expended on that initiative. RECOMMENDATION The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2015 Police Department Budget, Overtime Line Item 2010. RECOMMENDED MOTION Motion: The $4,000 received as AHDTF overtime, and the $7,725.50 received from School District #13 for traffic enforcement and security details, and the $1230 received for detox transports, and the $1,883.35 received as reimbursement under the Safe and Sober grant (TZD) be transferred to line item 1020, Overtime. This total is $14,838.85. COUNCIL ACTION: AGENDA SECTION: CONSENT NO: 71) ITEM: SOLAR POWER FOR CITY BUILDINGS CITY COUNCIL LETTER Meeting of: June 8, 2015 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: Kevin Hansen BY: DATE: June 3, 2015 DATE: Background: In the Facilities Maintenance Department, the Supervisor has been looking at ways to reduce costs in the operations of our buildings. Some recent examples are the lighting changeouts to LED in the liquor stores, integrating an energy management system for cooler controls at Top Valu 1 & 2; coordinating the recomissioning efforts at the Public Safety Building so that the complex geo- thermal system works as it should — summarized on the attached sheet. Recently, he has been investigating solar power for City buildings. Several cities, counties and schools have either installed solar power or are investigating the addition of solar power in recent years. In Minnesota this is largely due to both Federal Tax Credits and State Programs providing incentives for solar power. A large push is being made in both 2015 and 2016 as the solar programs are either being reduced or eliminated at the end of 2016. Three programs are available for adding solar power to our City Buildings: • Made in Minnesota • Rooftop Solar • Solar Gardens Made in Minnesota is a state lottery based system providing rebates for equipment made in Minnesota. The program is for smaller systems up to 40KW. Staff applied for this program and the liquor store at 4950 Central Avenue was selected by the State. Rooftop Solar is a new program started in 2015 for larger systems from 100KW to 1,000KW utilizing Xcel Energy capacity credits and demand charges which provide reductions in the electric billings we pay to Xcel. In both of the programs above, there are no upfront costs to the City. A third party investor purchases and installs the systems and operates them within a specific timeframe: 10 years for MIM, and 15 or 20 years for the Rooftop Solar program. The City enters into a Power Purchase Agreement with the third party for the program timefraine, projected with a modest annual cost savings. At the end of the term, the ownership of the panels is turned over to the City along with the full energy benefits. If the City is interested in the benefits of solar power, the next step would be to conduct a detailed engineering report which would review the roof structure; finalize the size of the system at each building; design the electrical tie -in at each building; detail the project scope and costs; create a Power Purchase Agreement and finalize the guaranteed savings under the programs. Attached is a PowerPoint presentation that staff reviewed at the June ls` meeting. Motion: Move to authorize the preparation of an Engineering Report that would analyze the feasibility of and provide the cost benefit of adding solar power at: Top Valu 1, the Public Safety Building, Public Works, and the new Library. Attachment: Solar Presentation (ppt) COUNCIL ACTION: 10 Q \\ m `� � � � w � � Oz �� �C� �� �w �� U= �O L w c E >. H } LO Lo O N O a m m a r� E o .° U u rn �, NL v u� ai w_ w U> ° n 000. H a 'vs O O N C = 5` N d .v O N O o U 0 a CL vs .� ch o 0 m 11 R N N N 0 M O N O m N N u O O. N 0 0 3 0 ' a m o LO U � Q � o U � o 0 0 .�- •� o� c � � a L Go � vs Gi u.. U E o c c o _o U >. X > > y CL W X x V 0 trk 64m N O 12 N V 0 a. O L a O 0 L a �0 Q W o V N O O t ♦.- 'a O = o a� o o Ja a E _N � = o .x o N O O LO m -F- > O o U a� •S > �, o > 0 0 � 0 o 0 0 O ♦- CD o '� u o = 0 .,_ 0 a c o u u 0 o U O 2 X O� o a 0 0 .0. > O O Q. N 0 r 0 o0c L E u u L O N U z z Q 4- 44 V .L 0 L 0 Q u N N L CL 0 N � o .3 � � o _ o � O C H o ° o" = 3, U a 7d t :� u o u AGENDA SECTION: CONSENT NO: 7E ITEM: EXISTING CITY LIBRARY BUILDING CITY COUNCIL LETTER Meeting of: June 8, 2015 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: Kevin Hansen BY: < DATE: June 3, 2015 DATE: Background: In the current project schedule, the new Library is anticipated to be operational by June of 2016. This will leave the existing building as a City asset with an undefined use. Analysis/Conclusions: Discussions in the past three years during the Library project have varied with various suggestions on what to do with the existing Library once it is vacated. These have ranged from selling the building, re -using the building as a public use, leasing the building, demolishing the building and selling the land, or repurposing the building for another public or private use. Staff, at this point, is not recommending any direction on the future of the existing library building. In order to determine a direction for what may be the best interest of the City for a use of the existing building, staff recommends the following: • Conduct a market analysis of the building to establish both potential end uses and a value of the building for resale potential. • Conduct a condition analysis of the structure and equipment in the building to establish potential future costs if the City retains ownership of the building. Having these two pieces of information would then provide a basis for a future discussion on what is in the best interest of the City of Columbia Heights for the existing Library building. Motion: Move to direct staff to prepare: 1) A market analysis for the existing library building at 820 40`h Street; 2) A condition analysis of the existing facility. COUNCIL ACTION: 27 AGENDA SECTION: CONSENT NO: 7F ITEM: LABELLE PARK PROJECT: CHANGE ORDER NO. 1 CITY COUNCIL LETTER Meeting of: June 8, 2015 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: Kevin Hansen BY: DATE: June 2, 2015 DATE: r/ Background: In February the City Council awarded a contract in the amount of $378,954 for site improvement to LaBelle Park as detailed in the Master Plan: 1. Removal(s) of the boardwalk / vertical sheetpiling / patio overlook area 2. Providing slope restoration 3. Bituminous trails relocation and construction. 4. Two infiltration ponds serving the parking lots off of 41St and 42nd Avenues 5. A small picnic shelter and arbors replacing the basketball court 6. Overall site landscaping 7. Sidewalk and steps Due to the uncertainty in the bidding market at the time the plans were prepared, several add - alternates were included. While all of the alternates were awarded, the only improvement not included from the overall Master Plan was the lower overlook patio — as shown on the attached Master Plan document. Following the bid award, the Park and Recreation Commission requested staff to prepare a plan and obtain pricing to complete the lower overlook and bring it back to the Commission for consideration. Attached is a detailed plan for the lower overlook based on the Master Plan. It has a walking area, natural limestone bench seating, park benches, colored concrete and heavy landscaping both along the pond slope and in the center patio area — creating "color" drifts. Much of the pricing was already bid in Odesa's original bid. Pricing for ornamental fencing and Kasota limestone (product used in other parks) was provided. The Change Order amount for this work is $37,487. The original project budget was $425,000 so the additional work can be added within the project budget. At their May 27th regular meeting, the Park and Recreation Commission unanimously approved a recommendation to the City Council to approve Change Order I in the amount of $37, 487 to Odesa lI. Recommended Motion: Move to authorize Contract Change Order No. 1 for City Project No. 1306 to Odesa II, LLC of Sauk Rapids, Minnesota in the amount of $37,487 for a new contract amount of $416,441. Attachment: Labelle Master Plan Lower Overlook Plan COUNCIL ACTION: 28 ABELLE PARK CITY OF COLUMBIA HEIGHTS, NN Parking Lot Landscaped Shelter Patio Seat �RAII[R 8' ASSGCURS, Lin. 7.1 f.50UT11 SUITE inn MINNFAPO I5, MN 5541 � Stairs Trail Pond Edge Gnphk Swl Accessible Trail An accessible trail (under 5% slope) provides access to the patio overlook and park loop trail system from the parking lot. Pond Edge The pond edge is stabilized in areas of erosion and steep slopes with an ongoing maintenance program put in place to control invasive plants, enhance lower growing native plants (under 36') and open views of the pond in select areas. Upper Over look Patio A shelter structure and arbors on a concrete patio used for day to day seating or larger gatherings overlook the pond. Rain Gardens /Infiltration Basins: Rain gardens or infiltration basins are created to catch and cleanse runoff prior to the water entering the pond. LaBelle Memorial A new memorial structure is placed in a more significant location for high visibility. Lower Overlook Patio A more natural appearing overlook is placed along the pond edge with various seating areas and garden spaces meant to attract birds and butterflies. \ 0 20' 40' W' 'W. Graphic Scek Upper Overlook Section Overlook Enlargement Plan arc � wU � O () gW oU< W G�ml^o eb ^C OAS a�•iaV�� mg °N es W o ^N .8. BON - Ueld 3noAel IleJOA0 ....... •,,. ,.�,.o H fir. Li o NW 'Slq BIDH e!gwn�o� ;o �7l� K5 w•� N x J s ;uawanoidwj a ;fig Hied 0110ge-1 o t e�- UwRe'IIM.bO'9l:InotelN.4S •— 1 � f i i i O .9. MV - UEld 6UIPEJO __[ »__ • vw�'� I NW 'SN61a,, e!q..Ioo jo Alto ".....oidwi 8IIS Ted 01182'el I.A": cz x it I» -.11 �%\ .8. BON - Ueld adeospuu-I C4 NW'sIMBIBH eiqwnioo jo )410 co co S4USWQAoidtul 8IIS -d 011080-1 + © ^ ~ �`\ .d.pu.l Zlqj \ \ \ � x /� z/ ) § \\ / ne . J. ��/H z Fm Cl) cli «meQ ©mm@w _mom_ «A __ +m 031S _d0110 8 oo S a () �§ B2 xo . §§ -w / � ) § ■ §) §! r - \ 7 �( § } EE ) .2 o Iii-I o \ ! § ! )w ®| ( \ \( §! § 2i ( §§§ R § §%) E; 2: m� % !¥ @■® ■ ( \! (k �� j m� �! 6 \!§ §) k oo !!| «§ ! \E ! \( /§ zi �| R CITY COUNCIL LETTER Meeting of. June 8, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: 7G PUBLIC WORKS ITEM: HORWITZ NS /I CONTRACT BY: Kevin Hansen BY. EXTENSION DATE: June 1, 2015 DATE Background: The City has contracted with the firm of Horwitz NS /I since 2009 for the preventive maintenance of building HVAC systems. In June of 2010 Murzyn Hall was added to the maintenance contract under the same terms and conditions as other covered facilities. On September 24, 2012 the City Council approved a three -year contract extension with Horwitz NS /I for the provision of HVAC Preventative Maintenance Services for our City facilities including City Hall, library, MSC, liquor stores, pump and lift stations, and park buildings. The Public Safety Building was added to the contract in November of 2012. Analysis and Conclusions: The in-place three year contract with Horwitz NS /I for the covered City facilities runs through November 23, 2015. The contract then automatically converts to a year -to -year basis. Staff is pleased with the quality of services provided by Horwitz NS /I and would recommend continuing with Horwitz NS /I for the provision of Preventive Maintenance Services for the current buildings for a one -year extension, under the same contract terms. The increase of 2% is also consistent with the prior annual increases over the three -year contract period. A one -year contract extension is intended to sequence with the completion of the new Library, at which time staff recommends obtaining proposals for a new contract term. Recommended Motion: Move to approve a one -year contract extension with Horwitz NS /I for HVAC Preventative Maintenance Services for City facilities effective November 23, 2015 through November 23, 2016 at a 2% increase over the 2015 contract rates, and to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: CITY COUNCIL LETTER OI: AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: NO: 7H I PUBLIC WORKS ITEM: ACCEPTANCE OF RCWD COST- BY: Kevin Hansen SHARE AGREEMENT IN THE AMOUNT OF DATE: June 1, 2015 $50,000 FOR SILVER LAKE BOAT LANDING STORMWATER RETROFITS CITY MANAGER BY: DATE: Background: A Total Maximum Daily Load, or TMDL, was approved by both the State and Federal EPA in 2010 for Silver Lake. A fact sheet from the MnPCA is attached that provides background on the Silver Lake TMDL. Cities, counties and other public entities, such as the Three Rivers Park district, contribute surface water runoff to the lake. Contributors are required to implement pollution reduction measures in accordance with the TMDL, identified in the Implementation Plan of the TMDL. The targeted pollutant for Silver Lake is phosphorus. Analysis and Conclusions: The approved Silver Lake TMDL Implementation Plan identifies specific pollution reduction activities or strategies. The Silver Lake watershed strategies being used to meet the TMDL include urban retrofitting and redevelopment, management, and regulatory controls. Under the retrofitting category, the following is excerpted out of the Implementation Plan: Urban Retrofitting and Redevelopment Retrofits are proposed within the Silver Lake subwatershed to assist in achieving the TMDL. As redevelopments are presented, additional improvements will be explored by the communities and the RCWD. During redevelopment, municipalities are required to meet RCWD stormwater infiltration rules (see Regulatory Controls section below). The RCWD is prepared to work with municipalities to enhance required infiltration projects (i.e. fund enhancements to go "above and beyond" requirements of RCWD rules). These retrofits may include but are not limited to the projects outlined below, raingardens, water quality ponds, and existing pond improvements. Columbia Heights Boat Ramp Improvements A boat ramp, owned by the City of Columbia Heights, currently includes a regional water quality pond. Modeling indicates that this pond currently provides a low 42% removal of total phosphorus for the contributing drainage area (northern portion of the Southwest Subwatershed). Opportunities exist for enhancing the total phosphorus removal efficiency, including expanding the area and/or depth, adding additional filtration components, or a skimmer device. The RCWD supports projects that demonstrate water quality improvements, and are reviewed on a first come first serve basis on available funds. The RCWD does require a formal agreement for the acceptance of the grant award, attached. The RCWD will provide funding following complete plan and specification approval and operation and maintenance plan approval. Staff applied and was approved for a grant from the Rice Creek Watershed District in the amount of $50,000 to replace the pond at the Silver Lake boat landing. The project is estimated to cost $225,000. Staff intends to also apply for additional funding to the State of Minnesota under the Legacy Program, which also supports improvements with an approved TMDL. Recommended Motion: Move to enter into a cost -share program for the Silver Lake boat landing in the amount of $50,000, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: MnPCA Silver Lake Fact Sheet Cost -Share Agreement COUNCIL ACTION: 35 0 Minnesota Pollution Control Agency wq- iw8 -12a Silver Lake Total Maximum Daily Load for Excess Nutrients Water Quality /Impaired Waters #8.12a • December 2009 he list of impaired waters developed by the Minnesota Pollution Control Agency (MPCA) includes Silver Lake because it exceeds the water quality standard for nutrients for aquatic recreation. Excess nutrients such as phosphorus from stonnwater runoff create poor water quality conditions causing frequent summer algal blooms which limit recreational activities. Based on the Federal Clean Water Act, waters that do not meet water quality standards are "impaired." The Clean Water Act requires states to develop a clean up plan for each impairment affecting a water body. The clean up plan and the process used to create it is a Total Maximum Daily Load (TMDL) study. A TMDL must identify all sources of the pollutant causing a water body to violate standards. The TMDL also detennines the amount by which each source must reduce its contribution to ensure a water body meets applicable water quality standards. Silver Lake Silver Lake is a 72.5 -acre basin located partially in the city of Columbia Heights and partially in the city of St. Anthony Village, and the watershed is located within four municipalities and three counties (Anoka, Hennepin and Ramsey). Silver Lake has a 678.6 -acre watershed. Hart Lake drains to Silver Lake from the southwest and a series of natural wetlands are found northeast of the lake within Silverwood Park, previously a Salvation Anny camp, but now owned by the Three Rivers Park District. Silver Lake outlets to Ramsey County Ditch (RCD) 3 which outlets into RCD 2 and eventually to Rice Creek and the Mississippi River. The main land uses in the Silver Lake watershed are single family residential (40 percent), institutional (13 percent), multi- family (12 percent), and commercial (11 percent). Silver Lake impairment The goal of this TMDL is to quantify the pollutant reductions needed for Silver Lake to meet state water quality standards. The nu neric targets for shallow lakes in the North Central Hardwood Forest Ecoregion are summer averages of <60 µg /L total phosphorus concentration, <20 gg /L chlorophyll -a concentration, and >1.0 meter of Secchi depth. December 2009 Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155 -4194 • www.pca.state.mn.us 651- 296 -6300 • 800 - 657 -3864 TTY 651- 282 -5332 or 800 - 657 -3864 • Available in alternative formats 36 The summer average total phosphorus concentration in Silver Lake ranges from approximately 40 gg /L to 110 gg /L for the years in which measurements were taken. Chlorophyll -a ranged from approximately 18 gg/L to 52 gg /L. Water clarity, as measured by Secchi depth measurements ranged from approximately 0.55 meters to over 1.2 meters. Pollution reductions needed A reduction of 15 percent in phosphorus loading to Silver Lake would be required to consistently meet water quality standards under average precipitation conditions. In -lake phosphorus load management and the reduction of phosphorus from urban runoff in the watershed by retrofitting Best Management Practices (BMP) would have the most impact on reducing phosphorus loads and improving water quality in Silver Lake. Implementation strategies The Silver Lake watershed is fully developed with minimal existing water quality treatment, and limited opportunities are available to reduce external loading. Small, incremental reductions are possible through retrofit as redevelopment occurs and through the implementation of BMP throughout the subwatershed. Examples of BMP would be to increase ponding and filtration in the Silver Lake watershed through the use of regional ponding, rain gardens, native plantings, and reforestation; retrofit detention ponds; encourage shoreline restoration; and educate property owners about proper fertilizer use and low - impact lawn care practices. Additional implementation strategies would also include in -lake reductions of phosphorus loading through strategies such as fisheries management and in -lake treatments. More information The Silver Lake Nutrient TMDL Report was prepared for the Rice Creek Watershed District, Three Rivers Park District, and MPCA by Emmons and Olivier Resources, Inc. For more information about the Silver Lake Nutrient TMDL Report, view the Web pages at http: / /www.pea.state.mn.us /water /tmdl/project- silverlake- nutrients.html. Contact information For general TMDL information, browse MPCA's Impaired Waters Web pages at http: / /www.pea.state.mn.us /water /tmdl /. For more information about waterbodies in the Rice Creek Watershed, go to http: / /ricecreek.org /. Silver Lake Total Maximum Daily Load for Excess Nutrients • wq- iw8 -12a • December 2009 Page 2 Minnesota Pollution - tontr9VAgeney R WD r► (% RICE CREEK WATERSHED DISTRICT May 13, 2015 Kevin Hansen City of Columbia Heights 590 -4e Avenue NE Columbia Heights, MN 55421 RECEIVED MAY 14 2015 PUBLIC WORKS Re: RCWD 2015 Urban Stormwater Remediation Cost -Share Program City of Columbia Heights — Silver Lake Boat Landing Stormwater Retrofits Dear Mr. Hansen, The Rice Creek Watershed District is pleased to inform you that your application to the District's 2015 Urban Stormwater Remediation Cost -Share Program was approved for up to $50,000 in funding by the RCWD Board of Managers on April 22, 2012. We look forward to partnering with the City of Columbia Heights in implementing its water quality improvement project in the coming years. Please find enclosed two copies of a RCWD cost -share agreement for this project. Please sign both copies, return one to the RCWD promptly and keep the other for your records. The cost -share agreement must be executed and submitted to the District by June 30, 2015; otherwise funding for the City's project may be cancelled and allocated to another project. Once again, thank you for your commitment to improving water quality and flood control in the Rice Creek Watershed. If you have any further questions, feel free to contact me at 763 - 398 -3072 or kaxtell @ricecreek.ore. Sincerelq K le Axtell y Water Resource Specialist Cc: Tony Havranek —WSB & Associates, Inc. Enc: Cost -Share Agreement (2 copies, recipient only) 4325 Pheasant Ridge Drive NE #611 j Blaine, MN 55449 I T: 763-398-3070 1 F: 763-398-3088 I www•ricecreek.org BOARD OF Michael J. Bradley Barbara A. Haake Patricia L. Preiner Steven P. Wagamon John J,Waller MANAGERS Ramsey County Ramsey County Anoka County Anoka County Washington County RICE CREEK WATERSHED DISTRICT COST -SHARE AGREEMENT COST -SHARE AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and the City of Columbia Heights. RECITALS A. The City of Columbia Heights (City) intends to construct a project titled "Silver Lake Boat Landing Stormwater Retrofits" ( "Project"). B. The Rice Creek Watershed District (District) has a cost -share program for the improvement and remediation of stormwater management systems in developed urban environments. C. In accordance with program guidelines, the District desires to provide the City cost -share assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the City agree as follows: I. CITY RESPONSIBLITIES. A. Design Plans and Maintenance Plan. The City will submit (1) final Project plans and specifications, and (2) a Project maintenance plan, to the District for the Administrator's written approval before construction of the Project may begin. The Project plans and specifications must include a public education component. The District, in its discretion, may approve a non- structural public education component. Construction and Maintenance. The City, through its own personnel and or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the City will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C. Completion of Construction. The City's staff or consulting engineer will certify the completion of Project construction no later than December 31, 2017. The City will submit to the District documentation of Project expenditures and the certification of completion no later than March 31, 2018. 11. DISTRICT RESPONSIBILITIES. A. Cost -Share Funds. To defray the Project cost to the City, the District will provide the City cost - share assistance in the amount of 50 percent of the Project's eligible costs, as determined by the District, not to exceed $50,000.00. Payment Schedule. On District approval of the Project plans and specifications and maintenance plan, certification by the City that it has obtained all necessary permits and approvals, and receipt of the City's issued notice to proceed, the District will disburse 50 percent of the RCWD Board approved cost -share amount to the City. On District receipt of the certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. 39 C. Contingencies. The District's obligation to provide cost -share funds is contingent on the City's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District- approved plans and specifications by December 17, 2017. The City will return to the District any cost -share funds already received if this condition is not satisfied. III. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project- related documents is solely for the District's own accounting for funds expended. As between the parties, the City is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The City represents that it has or will secure, at its own expense, all personnel and /or contractors required for the performance of this agreement. No City personnel or contractor will be considered an agent, representative or employee of the District. C. Liability. The City agrees to hold harmless and indemnify the District, and its managers, staff and representatives, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the City and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E. Public Documents. All submitted information, including application, conceptual design, cost estimates, bid tabulations, final designs and specifications, copies of permits and proof of expenditures will become a part of the public record. F. Effective Date. This agreement is effective as of the date all of the signatures below have been provided. Dated: . 2015 City of Columbia Heights By: Its: Dated: y l-V— Tg27 , 2015 Rice Creek Watershed District By: Its: President, Board of Managers 2 40 AGENDA SECTION: CONSENT NO: 7I ITEM: APPROVE FUNDING AGREEMENT WITH MWMO IN THE AMOUNT OF $600,000 CITY COUNCIL LETTER Meeting of: June 8, 2015 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: Kevin Hansen BY: DATE: June 1, 2015 DATE:' Background: The City of Columbia Heights officially became a member of the Mississippi Watershed Management Organization (MWMO) in March of 2012. One of the primary goals of the MWMO is to provide funding to the member communities for stormwater projects that support the organization's water quality goals. As a new member, City staff worked with the MWMO to identify potential projects for funding through the MWMO CIP. One of the projects the board approved funding for was stormwater improvements for the new Library in the amount of $600,000, based on a May 2015 Feasibility Report prepared by the project engineer, HGA. The MWMO has authorized the funding as a 2015 Capital Improvement Project. Attached is the agreement between the MWMO and the City of Columbia Heights for the new Library stormwater improvements in an amount not to exceed $600,000, which would support the line item construction items described in Appendix A. Recommended Motion: Move to enter into a funding agreement with the Mississippi Watershed Management Organization (MWMO) for the new City Library for an approved amount not to exceed $600,000; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: MWMO Agreement COUNCIL ACTION: 41 Project Title: Amount: Grantee: Address Primary Phone: MISSISSIPPI WATERSHED MANAGEMENT ORG ANIZATION FUND AGREEMENT # 2011519 Columbia Heights Library $600,000 (Not to exceed) City of Columbia Heights 637 — 38" Ave. NE, Columbia Heights, MN 55421 -3835 763 - 706 -3705 Project Manager: Kevin Hansen, Director of Public Works E -mail Address: kvin. hansen @ci.columbia - heights.mn.us THIS AGREEMENT is between the Mississippi Watershed Management Organization, hereinafter referred to as the "MWMO" or "Board," and the grantee described above, hereinafter referred to as the "Grantee." 1. BACKGROUND 1.1 Minnesota Statutes, Sections 103B.201 to 10313.252 establishes the Metropolitan Area Watershed Management Act and related Water Resources Protection and Management Programs, hereinafter referred to as the "Act." 1.2 The MV`MO desires to conduct such programs and projects as are necessary= to meet statutory and rule requirements for implementing a comprehensive watershed management plan. 1.3 The Grantee is eligible to obtain 1VfyX'1`1O funds to accelerate implementation of the M`X'MO Plan, Goals and Policies. 1.4 The Grantee has submitted an application to the MWMO for funds and agrees to provide its own funds according to its application budget and work plan. 1.5 The Grantee has provided documentation that the Grantee will expend the funds within MWMO guidelines. 1.6 The MWMO has selected and approved the application received from the Grantee for funding to implement a program or project within the boundaries of the lVI\VNIO. 2. DUTIES AND CONDITIONS. 2.1 General 2.1.1 The M\X/'MO will grant to Grantee the amount stated above, which funds may only be used for expenses incurred in the Final Application, as supplemented or modified by Exhibit A, which is attached to this Agreement and made a part hereof. 2.1.2 The MWMO will reimburse Grantee for expenses incurred in the Project to the maximum amount specified above. All other costs and expenses incurred by Grantee in completing the work of the Project will be the responsibility of Grantee. Only costs and expenses identified in the Application as "reimbursable" will be reimbursed by the MWMO. CLL- 230869v1 1 Co1HtsLibrwy- Agreement- 201506�J MD160 -1 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FUND AGREEMENT # 2011519 ,administrative costs incurred by Grantee including, but not limited to, compensation and benefits of Grantee staff, are not eligible for reimbursement under this Agreement. 2.1.3 Grantee will act in all respects as an independent contractor under this Agreement and will be solely responsible for performance of services required hereunder as well as the means and manner of performance thereof. The MWMO will not be an employer, partner or co- venturer with Grantee for any purpose, and will have no responsibility or liability for the acts or omissions of Grantee. Nothing herein authorizes Grantor to act as an agent or representative of the MWMO for any purpose. 2.2 Reporting The Grantee will submit progress reports, using the work plan, timeline, and budget in the Application, to the Board every six (6) months on the status of the Project. A final report is due to the Board within ninety (90) calendar days after the end of the Agreement Period stated in section 5. TERM OF AGREEMENT or the completion of the Project, whichever occurs first. 3. TERMS OF PAYMENT. The MXX/MO will disburse funds to Grantee based on a payment request form provided by the MWMO, submitted by the Grantee and approved by the MWMO. Payment requests may be submitted once each month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the MWMO will disburse the requested amount to the Grantee within four (4) weeks after receipt of a written disbursement request. 4. CONDITIONS OF PAYMENT. All work performed by the Grantee under to this Agreement will be performed to the satisfaction of the Board, and in accordance with all applicable federal, state, and local laws, and any amendments thereto. The Grantee will use the funds herein only for the purposes described in its Application. 5. TERM OF AGREEMENT. This Agreement will be effective when all necessary approvals and signatures have been obtained, and will terminate on 31 December 2016, or the date all obligations have been satisfactorily fulfilled by both parties, whichever occurs first. The MWMO will not be obligated to reimburse any expenses incurred after the end of the Agreement Period or to pay any payment requests received more than 90 days after the end of the Agreement Period. 6. CANCELLATION AND REVOCATION. The Board may cancel this Grant Agreement for just cause. Just cause means that the Grantee is not disbursing funds in accordance with established Board procedures, or has otherwise breached a term of this Agreement. The Grantee must be given written notice 14 calendar days CLL- 230869v1 2 ColHtsLibraiy- Agreement- 201506�� MD160 -1 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FUND AGREEMENT # 2011519 prior to cancellation. Such notice shall be by certified mail addressed to the Grantee's Primary Contact as designated on page one of this agreement. Additional secondary contacts may be designated in Exhibit A. The cancellation shall be effective on the beginning of the 15th day after such notice is given unless an agreement of a cure for the breach is reached within such 14 -day period or the Board, by its authorized representative, grants an extension in writing. The Grantee may cancel this Grant Agreement with or without cause. In the event of cancellation by the Board, the Grantee is entitled to payment, determined on a pro rata basis, for work satisfactorily performed, and the remaining grant funds must be returned to the Board within thirty (30) calendar days. In the event of cancellation by the Grantee, all funds will be returned to the Board within thirty (30) calendar days. 7. ASSIGNMENT. The Grantee will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the Board. The Grantee may contract with others, including appropriate local units of government under terms and conditions specified by the Grantee to complete the work specified in the Application. However, Grantee will continue to be responsible for performance of its obligations under this Agreement notwithstanding contracts with contractors or subcontractors or approved assignment to a subgrantee. 8. USE OF FUNDS. The Grantee will use the proceeds of this Agreement only for the eligible costs of the Project as described in the approved Application budget and work plan. 9. AMENDMENTS. Any amendments to this Agreement must be in writing, and executed by the Board and the Grantee. 10. WORD PROGRAM AMENDMENTS. Amendments to the approved work plan must be in writing and formally approved by the MWMO Executive Director or Administrator before they are effective. These will include changes in planned actions and the budget for each planned action. 11. COST OVERRUNS. The Grantee agrees that cost overruns are the sole responsibility of the Grantee. 12. INDEMNIFICATION. The Grantee agrees to defend, indemnify and hold harmless, the MWMC), its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, or any party that directly or indirectly benefits from the activities specified in this Agreement, or anyone for whose acts or omissions they may be liable in the performance CLL- 230869v1 Co1HtsLibrary- Agreement - 201506 4 MD160 -1 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FUND AGREEMENT # 2011519 of the activities specified in this Agreement and against all loss by reason of the failure of the Grantee to perform fully, in any respect, all obligations under this Agreement. 13. INSURANCE. In order to protect the MWMO and those listed above under the indemnification provision, the Grantee agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors and subcontractors to do likewise, the following insurance coverages under either a purchased insurance or self - insurance program: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $1,500,000 Products - Completed Operations Aggregate $1,500,000 Personal and Advertising Injury $1,500,000 Each Occurrence — Combined Bodily Injury and Property Damage $1,500,000 2. Automobile Liability — Combined single limit each $1,000,000 occurrence for bodily injury and property damage covering owned, non - owned, and hired automobiles. 3. Workers' Compensation and Employer's Liability: a. Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily Injury by: Accident — Each accident $100,000 Disease — Policy Limit $500,000 Disease — Each Employee $100,000 4. Professional Liability — Per Claim and Aggregate $1,500,000 The insurance must be maintained continuously for a period of two years after the termination of this Agreement. The Grantee will require that the contractor and any subcontractors furnish certificates of insurance to the Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance that may be needed in connection with this Agreement. Copies of policies will be submitted to the MWM0 upon written request. CLL- 230869v1 4 Coll ItsLibrary- Agreement- 201506�g MD160 -1 MISSISSIPPI V ATERSHED MANAGEMENT ORGANIZATION FUND AGREEMENT # 2011519 14. ACCOUNTING AND RECORD KEEPING. For all expenditures of funds made pursuant to this Agreement, the Grantee will keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods will be in accordance with generally accepted accounting principles. Grantee agrees that the MWMO, the State Auditor, or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., that are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights will be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 15. CAPITAL EQUIPMENT AND REAL PROPERTY. The title for equipment purchased with the funding provided in this contract shall be taken in the name of the MWMO. The equipment will remain the property of the MWMO for its useful life. After the contract period, it may remain in the custody of the Grantee so long as it is used for the purposes of promoting and supporting the Grantee's Project goals. The MWMO may take possession of the equipment at such time as it becomes necessary to use it for MAWMO purposes. If real property is acquired or improved with grant funds, the M\VMO may require the recording of such covenants or restrictions on the use and development of the property as the MWM0 deems necessary and appropriate to assure the continuing benefit of the Project to the public. 16. NONDISCRIMINATION. Grantee agrees and will require contractors and subcontractors, material suppliers, and vendors to agree not to discriminate in hiring by reason of race, creed or color or otherwise violate the provisions of Minnesota Statutes, Section 181.59, which section is incorporated herein by reference. 17. EXHIBIT. Exhibit A to this Agreement is hereby made a part hereof. To the extent of any inconsistency between this Agreement and Exhibit A, Exhibit A will control. CLL- 230869v1 5 Co1HtsLibrary- Agreement- 201506�g MD160 -1 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FUND AGREEMENT # 2011519 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF COLUMBL-k HEIGHTS Its: Date: and By: Its: Date: MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION By: Chair Date: and By: Treasurer Date: Attachment(s): Exhibit A Preliminai -• Construction Cost Estimate CLL- 230869v1 6 Co1HtsLibrary- Agreement - 20150,) MD160 -1 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Agreement #2011519 Project Title: Columbia Heights Library 1. Proiect Description and Pumose The proposed Columbia Heights Public Library site is approximately 2.38 acres of a 3.45 acre parcel owned by the City of Columbia Heights. The site is bounded by Central Avenue Northeast (TH 65) on the west and is located north of 39th Avenue Northeast. The east 1.0- acres of the Library site are planned for future development. The site is a vacated commercial site that was formerly occupied by a Burger King restaurant and retail center with a history of different uses. Environmental and geotechnical investigations have been undertaken and soil and ground water contamination may be present on the site. In general, the site and building design will be approached to minimize soil disturbance and stormwater infiltration will likely not be feasible. The library will be easily accessible by pedestrians, public transportation, bicyclists and cars. Approximately 55 off - street parking stalls will be provided with access from Central Avenue and 39th Street. The parking lot will incorporate various stormwater best management practices (BMP's) to meet MWMO goals for the project. Education and outreach are important goals in the MWMO's participation in this project. The design team and the City will work with the MXXT40 to incorporate interpretive site features, as well as integrated curriculum within the Library programming related to MWMO goals. M \VM0 staff will work with the project design team and proposed BMPs will be judged against the NM`MC)'s stormwater design standards, including both rate and water quality control. The City is interested in treating water from adjacent undeveloped areas within the Library site, which will be considered when determining stormwater capacity of the site. Proposed Storm Water Best Management Practices • Information and education for the public visitors to the site with messages on the MWMO, receiving waters, BMPs, and site conditions. • Discharge of roof drainage on grade to disconnected impervious surface • Riprap pretreatment cells or vegetated filter strip pretreatment • Tree trenches or boxes • Bioretention basin with underdrain (lined due to site limitations) • Surface sand filter • Permeable paving and subgrade system — reduced impervious surface and water quality volume storage • Collection and conveyance system — storm drains, pipes and channels • Flow controls, outlet protection, and stabilization' • Sidewalk snow melt system (hydronic in concrete) to reduce chloride use and runoff Exhibits showing the project location are attached and made part of this agreement. 2. Scope of Work, Description of Tasks Columbia Heights will only use funds for work as it relates to the stormwater management components of the project: a. Site investigation, site survey, including existing stormwater infrastructure and calculations; CLL- 230869v1 1 ExhibitA- CoIHtsUbrary- 20150601 M D 160 -1 48 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Agreement #2011519 b. Schematic design; c. Design development; d. Construction plans, specifications, and bid documents; e. Construction; f. Construction observation.; and g. As -built Drawings and stormwater calculations. 3. Schedule of Work — Description of work Estimated Completion Construction Documents June 2015 Bidding my 2015 Construction May 2016 4. Deliverables The City of Columbia Heights or their design consultants will provide the following deliverables: a. Copies of survey and site investigation reports b. Copies of reports, plans, preliminary budgets, and other materials developed within the Schematic Design phase. c. Copies of reports, plans, preliminary budgets, and other materials developed within the Design Development phase. d. At each phase, the City will provide the MVVMO the opportunity to review and comment on the documents related to stormwater management. e. Final Bid documents, including specifications and project cost estimates f. Bid comparison, outlined by line item g. Pre - Construction, During Construction, and Post - Construction photos h. Notice of public communications associated with the project. Some examples are, but are not limited to, notice of open houses, articles in local news, and press releases. i. Any backup documentation needed for the MXX7 4O to determine reimbursable expenses. j. Technical memo describing stormwater management features and site interpretation components of those features based on final designs. Memo shall include summary of site information, stormwater volumes, rates, quality treatment and other calculations derived during project design and completion. If technical memo is provided prior to project construction, the document shall be updated with final details and quantities based on as -built drawings. k. As -built Drawings related to stormwater BMP's 5. Project Budget a. As described in the Agreement, the Capital Improvement Grant shall not exceed $600,000. b. Project components designated as MWMO eligible expenditures are summarized in the attached preliminary cost estimate, which is made part of this Agreement. Project consultants will provide updated cost estimates as details are finalized. Tasks listed within this document are also eligible for reimbursement. CLL- 230869v1 2 ExhibitA- CoIHtsLi bra ry- 20150601 MD160 -1 49 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Agreement #2011519 6. Reimbursements The I\RVMO will reimburse only for stormwater- related expenditures, as identified through the Project Description, and as allowed in this exhibit. a. Requested reimbursements must include copies of all relevant invoices. Reimbursements may be submitted monthly, and must correspond with a deliverable or eligible cost item, completed or in process, as detailed in this document. b. The MWMO will hold the last $30,000 (5 %) until verification of project completion. c. All City staff costs and administrative expenses incurred by the City in completing the work of the project shall be the responsibility of the City. d. Amendments to scope of services in this document that do not increase project cost or project end date may be made by hAVN4O Executive Director or Program Principal. Other amendments require review and approval by the MXx'h1O Board. CLL- 230869v1 MD160 -1 3 ExhibitA- CoWtki bra ry- 20150601 50 Columbia Heights Public Library Storm Water Management Improvements PRELIMINARY ENGINEER'S ESTIMATE May 6,201S ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE TOTAL CONTRACT EST. QNT. COST .... ................ .............. MOBILIZATION .... . .................._......_.._......_.._.._....__.._......_.._......_.._......_.._....._._::...:_.._......_.........._.._......_.._......_. LUMP SUM $15,000 1 $15,000 .............._.._..................................................................................................................................................................................._..__................._......................._...................................................................................._.................._........_ ._......_.._......_.._._..._.._ EXCAVATION & DISPOSAL . . . . ..... .._....._.._....._.._......_.._......._......_.._......_.._....._.._........_.. CY $60 ..._.._......_.._......_....... 3,000 ........... .._........................................ $180,000 .._.......... .............. GEOMEMBRANE LINER - PVC (20 MIL) ........_......___....-- _....I._............................. . . . SY . $20 . . ............................................. 2,400 ........._........._........... $48,000 GEOTEXTILE SY $10 400 $4,000 GEOGRID SY $5 300 $1,500 2 " -3" CLEAN STONE CY $60 700 $42,000 3/4" CLEAN STONE CY $60 50 $3,000 PLANTING SOIL CY $20 _ 500 $10,000 GRANULAR BORROW CY $20 1,000 $20,000 6' SUBDRAIN PIPE (PVC) LF $15 700 $10,500 ............................................................................................................... 6" CLEANOUT . I.I.- . ...................._ ..........................._ ................................_............................................._ EACH $600 10 $6 . 000 ................... ........ ........... ... . ._................................_........_................................ 10" - 15" STORM SEWER PIPE ....... ... ...._.._...._............... . ........ .... _ ................. ........................................... _ ............................... ._......_.. LF ............................... $40 _............. 420 . ......... . $16,800 .......................................................................................................................... _......_.._ ..................._ STORM DRAINAGE STRUCTURE ............................... ...._.._........._......_.._......_.._......._..._._.._......_.._........._........._.. LF $500 ._._.._......_.._........._.... 40 ....... I............ $20,000 ..... .... ................. ... CASTING ASSEMBLY . . _.._......_.._......_.._......_.._......_.._......_....._ .......... ....._.._......_.._......_.._.. ..._.._................. EACH $500 9 $4,500 ...._ _ ..... _ ... .................. ............ CONCRETE PAVERS (PERMEABLE) ....................... .................................. ......... SF ...... ............... ............ _ .... $15 .......... ............................ 2,600 .............................. _.._.._...... ... ........ $39,000 ._......_._....._ CONCRETE CURB EDGING (12 24 HIGH) ...._..__.._.._....._._...._._ ... LF .... $I 20 700 $14,000 ................ ........ R.PRAP ........................ .................._............ ........................._.... CY....._._ ............................... .......... $60 ........................... 20 _..... .... . ............ $1,200 ................. ..... ..... .._........ _ HARDWOOD MULCH ... _ .................._.._._..._.._......_.._......_.._.._....._.._....._.._......_.._......_.._..._.-.__-........ CY $25 60 $1,500 . ......... ..........................................._...._..............................................._.............................._............._........ .......................... ......... ................._.._......_.._ TREES . . . ............ .._.........................._ ......._......_.._......_.._......_...._..._......_._......_.._...............__ EACH $600 ...._.._......_.._......_.._... 25 .................... .... ._ ................... ....... $15,000 ._....... ............_....._._......_... PLANTINGS _._......_ .................-..-...._.._......_.._.._......_.._......_.._......_.._......_.._......_.._._..........._..._......_.................._. LUMP SUM $6,000 1 $6,000 ................................... ._......_.._......___......_.._ PUBLIC INFORMATION METAL PANEL & RAILS . . . . . . . ........................................._...._............._........................._....................._....................... ...._.._......_.._................_.-......._......_........-............_......_.. LUMP SUM $50,000 ..__.._......_........._.._.... 1 ..................... . ...... .. . ....... I......... ... $50,000 ................. _.._.. .... ............. . .. ............................................................................_... CROSSING STRUCTURE w /STEEL GRATING .... _... ................ ...... ....... _ ............ ............... _ ..................................... .._ ............ .......... .......... ..................... S. F. .............. _ .... ........ _ ...... . ........ $100 _ ............................................................................. 400 ............................... $40,000 ......_..._._.._ ..... ..................... . ......... SIDEWALK SNOW MELT SYSTEM COMPONENTS ... _........... _ ...... _......... -._.............._.._......_.._......_.._......._. LUMP SUM $32,000 .....__ ........................ 1 _........._.._..... ._..........._...... $32,000 TOTAL ESTIMATED CONSTRUCTION COST $580,000 Design Engineering Fee at 8% $46,400 Construction Phase - Administration, Testing & Inspections at 10% $58,000 Storm Water Management Improvements -TOTAL ESTIMATED COST 5684,400 51 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting Date: June 8, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7J FIRE APPROVAL ITEM: Approve letter of support for BY: Gary Gorman BY: SAFER Grant DATE: June 4, 2015 DAT : Background: The Staffing for Adequate Fire and Emergency Response (SAFER) grant program is provided through the US Department of Homeland Security and the Federal Emergency Management Agency. The program provides funding directly to local governments to hire full time firefighters to meet NFPA 1720 compliance of minimum staffing and deployment of firefighters to begin safe and effective firefighting operations. Fire departments, including Columbia Heights, have a difficult time recruiting and retaining daytime Paid -on -Call Firefighters. Even with daytime auto aid from neighboring departments we do not meet the minimum standards on a regular basis. The addition of two full time daytime firefighters would allow the Fire Department to meet this standard more often while also providing the needed staff to assist with other core fire department duties such as fire prevention, public education, and inspections. The grant provides: base wage and fringe and some training overtime. There are no matching fund requirements of the City, though the City would have to pay for overtime, uniforms and equipment. The grant period is for 24 months from time of hire and there is no requirement to maintain employment after the 24 months. The City would not be able to reduce current full time staff levels during this same 24 month period. Other benefits of the additional daytime firefighters to the City of Columbia Heights includes a reduction of overtime for minimum staffing needed to perform the daytime inspections, the reduction of daytime callbacks, provide consistent and faster response to multiple calls, eliminate the need for a summer seasonal inspector, and eliminates the need for consistent daytime Paid -on -Call staffing. The grant application process requires a letter of support from the governing body of the City. A copy of the letter is attached. If awarded the City is not obligated to accept the grant. Recommended Motion: Move to adopt letter of support for the 2014 Fire Department Staffing for Adequate Fire and Emergency Response (SAFER) grant application. COUNCIL ACTION: 52 What is the purpose of SAFER? The purpose of SAFER Grants is to provide funding directly to fire departments and national, state, local, or tribal organizations representing the interests of volunteer firefighters to assist them in increasing the number of firefighters to help communities meet industry minimum standards and attain 24 -hour staffing to provide adequate protection from fire and fire related hazards, and to fulfill traditional missions of fire departments. SAFER Grants achieve this purpose by funding: (1) the hiring of new firefighters, (2) the rehiring of firefighters that have been laid off, (3) the retention of firefighters facing imminent layoffs, or (4) the filling of positions that were vacated through attrition. Additionally, SAFER Grants fund fire departments and national, state, local, or tribal organizations representing the interests of volunteer firefighters to assist with the recruitment and retention of volunteer firefighters. Are there any funding limits for SAFER? There are no annual salary limits, and there are no cost - sharing requirements for funds under the FY 2014 appropriations. Which categories of activities are eligible for funding under SAFER? SAFER is a competitive /discretionary grant program comprised of two categories: 1. Hiring of Firefighters Grants provide financial assistance to help fire departments rehire firefighters that have been laid off, retain firefighters facing imminent layoffs, fill positions that were vacated through attrition, or hire new firefighters. The goal is to assist departments to improve or restore staffing levels to ensure they have adequate personnel to respond and safely perform at incident scenes, providing protection from fire and fire - related hazards for their communities. This category provides two -year grants to assist fire departments by paying the salaries and benefits of the SAFER - funded positions. 2. Recruitment and Retention of Volunteer Firefighters Grants are to assist fire departments and national, state, local, or tribal organizations with the recruitment and /or retention of volunteer firefighters that are involved with, or trained in, the operations of firefighting and emergency response. The goal is to create a net increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies likely to occur within the fire department's geographic response area. Recruitment and Retention category grants can have a period of performance of up to four years. 53 If a department is applying for both SAFER Grant categories - Hiring of Firefighters and Recruitment and Retention of Volunteer Firefighters, does the department need to submit two different narrative statements? Yes. Departments interested in applying for both a Hiring Grant and a Recruitment and Retention Grant must submit two separate applications, one for each category. Each application will require its own unique narrative statement. Are SAFER Grants "renewable" after the period of performance? No. SAFER is a competitive /discretionary grant program. Program funds are not renewable and funding is only available to grantees during the period of performance associated with the award. Current or former grantees do not have a competitive advantage over applicants that have not previously received a SAFER Grant award. Hiring of Firefighters Who is eligible to apply for funding in the Hiring of Firefighters category? Career, combination, and volunteer fire departments may apply for funding in the Hiring of Firefighters category. What are eligible expenses in the Hiring of Firefighters category? The only allowable costs under the Hiring of Firefighters category are salary and associated benefits (actual payroll expenses). SAFER Funding will pay for the total salary and benefit costs for each funded position. What are some ineligible expenses in the Hiring category? • Pre- application costs, such as grant writer fees, administrative costs, and indirect costs associated with hiring or rehiring of firefighters • Costs to train and equip firefighters (However, the salaries and benefits of firefighters hired under the SAFER Grants funding while engaged in training are eligible if the firefighter is employed by the department.) • Uniforms and physicals • Overtime costs (except overtime costs routinely paid as a part of the base salary or the firefighter's regularly scheduled and contracted shift hours in order to comply with the Fair Labor Standards Act [FLSA]) • Salaries and benefits of firefighters who are current employees or were hired prior to the award date (except under the retention activity) • To fund promotions (e.g., pay a current member a higher salary by placing them in a new SAFER - funded position) What is the Period of Performance under the Hiring category? The FY 2014 SAFER Period of Performance for the Hiring of Firefighters category is two years. Are firefighters hired prior to award eligible under the Hiring category? No. Firefighters hired and /or rehired prior to award are not eligible under the hiring category. The only exception is those positions under the retention activity. 54 What are the requirements for the matching funds in the Hiring of Firefighters category? There are no matching funds requirements for hiring grants. What happens after the grant concludes? Does a department have to retain the SAFER - funded positions employed? No. Awarded recipients have no obligation to retain the SAFER- funded positions after the conclusion of the period of performance for FY 2014 SAFER Awards. What type of firefighter positions will be funded? Only full -time firefighter positions will be funded. Full -time positions are those funded for at least 2,080 hours per year (e.g., 40 hours per week, 52 weeks per year). Volunteer and mostly volunteer fire departments may hire individuals to fill officer -level positions (e.g., chief, fire inspector, training officer, safety officer). However, as the goal of SAFER Grants is to enhance incident scene safety, all applicants must certify that the primary assignment (more than 50 percent of duties) of all SAFER - funded positions will be an operational assignment (fire suppression, including staffing a fire suppression vehicle) regardless of collateral duties. The grant program will consider funding job -share positions if sufficient justification is provided. What is a job -share position? Ajob -share position is a full -time position occupied by more than one person. For FY 2014, there is not a cap on the number of employees who may share a single job -share position. Can a department apply for job -share positions if it has never previously utilized job -share employees? For applicants who are applying under the rehire, retention, and /or attrition subcategories, if the position was not job- shared when the position was vacated, then you will not be eligible to job -share the position if award. New job- sharing positions are only eligible for applicants applying in the new hire activity. If a fire department receives a SAFER Award, how much time does it have to hire the positions? For all grantees under the Hiring of Firefighters category, a default 180 -day recruitment period begins when the application is approved for award. The two year period of performance automatically starts after the 180 -day recruitment period, regardless of whether the grantee has successfully hired or rehired the requested firefighters. If a grantee is able to rehire or hire their SAFER- funded firefighters during the 180 -day recruitment period, the period of performance may begin at that time. For grantees awarded under the Retention category, the period of performance can begin immediately. However, in both cases, grantees must submit an amendment requesting that the period of performance start before the end of the 180 -day recruitment period. The period of performance cannot be started later than 180 days after the recruitment period. Can grantees submit a payment request for pre -award expenditures? Pre -award expenditures are not reimbursable in the Hiring category. However, costs incurred after award but prior to the start of the official period of performance (i.e., during the 180 -day recruitment period) are eligible for reimbursement. Any costs 55 incurred prior to the period of performance will be charged against the total grant budget. Firefighters hired prior to the date of award are not eligible for SAFER Funding unless the award is for retaining firefighters. The 2014 SAFER Funding Opportunity Announcement (FOA) states that grantees cannot layoff any firefighters during the two -year period of performance. What if the department loses positions to retirement or other attrition? Must it fill those vacancies? Yes. For the two -year period of performance all FY 2014 Grantees awarded in the Hiring category are required to maintain their staffing at the level that existed at the time of award, in addition to the SAFER - funded positions. At the time of award, grantees under the Hiring of Firefighters category must submit a current (pre- SAFER) roster listing paid operational /firefighting personnel in support of NFPA 1710 or NFPA 1720, who are in full -time or job share positions. The program office will work with a grantee to establish the correct staffing maintenance number which combines the number of pre -SAFER and SAFER hires. Once this is established, grantees must agree to maintain this number throughout the two -year period of performance by taking active and timely steps to fill any vacancies. Grantees who are unable (due to documentable economic hardship) to fill firefighting positions that are vacated through attrition (e.g., resignation, retirement) may petition FEMA for a waiver of staffing maintenance requirements. An approved waiver allows a grantee to decrease and reestablish the staffing maintenance number agreed to at the time of award by the number of positions that a grantee is unable to fill. In order to qualify for this waiver, the economic hardship must affect the entire public safety sector in a grantee's jurisdiction, not solely the fire department. Waivers will not be granted for SAFER - funded positions. Grantees who fail to maintain this level of staffing risk losing the federal funds awarded under this grant. What is the difference between layoff notices that need to be submitted for rehiring and retention? Rehiring - Requests for grants to rehire laid -off firefighters are limited to requesting the number of firefighter positions already lost due to layoffs enacted in the two years prior to the start of the application (February 9, 2015). • Retention - Requests for grants to retain firefighters who face imminent layoff are limited to those firefighters that have been issued a formal layoff notice, prior to the start of the application period, that specifies a date for the layoff action that is within 120 days of the close of the application period (March 6, 2015); the layoff's must become effective on or before July 4, 2015. Do departments need to provide a copy of the layoff notice if they want to rehire or retain firefighters? How can an applicant attach this documentation to the online application? Yes. A copy of the official, signed, and issued layoff notices that correspond to the positions being requested must be attached to the Hiring grant application for applicants who request funds to rehire firefighters who were laid off and /or to retain firefighters at risk of layoff. When you select the Rehire and /or Retention option in the Request Details section of the application, an option will appear that directs you to attach an electronic copy of the layoff notice. The layoff notices may be in either a PDF or a Microsoft Word document. You may attach multiple documents if needed (Note; only .doc and .pdf files will be accepted). A department hired SAFER firefighters in a prior year's grant with a contract that expires this year and the firefighters will not be laid off, but their jobs will be terminated. Can the fire department apply for an FY 2014 SAFER Grant to keep them employed? Yes, in this case the fire department may apply for a grant to retain the firefighters; however, you must contact the Program Office to discuss the documentation that must be included for your unique situation. 56 CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson Councilmembers Robert A. Williams 590 40 " Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 BruceNawrocld irsh our website at. www.dcolumbia- heikhts.mmus John Muryn, Jr Donna Schmitt City Manager Walter R. Fehst Catherine Patterson, Branch Chief Assistance to Firefighters Grants Branch DHS /FEMA 800 K Street NW Mailstop 3620 Washington DC 20472 -3620 RE: EMW- 2014 -FH -00780 Dear Catherine, The Columbia Heights City Council at its June 8, 2015 Council meeting voted in support of the Fire Department's 2014 SAFER grant application. By providing its support the City Council understands its requirement to maintain current staffing levels and incur no lay -offs during the period of performance of the grant. The City Council has a clear understanding of its obligation of a SAFER grant and, if awarded, is committed to fulfilling those requirements. Sincerely, Mayor Gary L. Peterson City of Columbia Heights 57 CITY COUNCIL LETTER Meeting of June 8, 2015 AGENDA SECTION: Consent ORIGINATING DEPT: CITY MANAGER NO: 7K License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: June 3, 2015 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the June 8, 2015 Council meeting. This agenda consists of applications for 2015 Contractor Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for June 8, 2015 as presented. COUNCIL ACTION: 58 TO CITY COUNCIL June 8, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG *M & R Construction LLC 28 Oakwood Dr, New Brighton $60 *Nuebel Plumbing LLC 1286 2791h Lane, Isanti $60 *Twin Cities sign Install 14333 Ural St NE, Ham Lake $60 *Crosstown Signs 16307 Aberdeen St NE, Mpls $60 *Den -Mark Plumbing 8445 Quail Hill Rd, Maple Grove $60 59 0 0 U � O a) U O O a) C E a) E > O O U U N L o (n a) U E -� U � O O W N = Q � L W N fa � � J O U 0 U- U O U U � a) 0 N � � � ca N � � � N N ►` rn a) N ;T O N to U O O � C � � � N �- O E N O O a) +� cn O 00 r_ m O a) � C � C _ (� O X a) Q w " O a) q Q CO zO CO > z Q m J O N LL OU > O LL 2 a) LL a) W z O c a) >> f— o c� N ° Q - E a) OU co U 2 � 0 0 H C4 w w o * * < U * + H k PQ r * a N -K * to ❑ * * 9r * * w O o * * U U I * * W U) a' * * H O Ooo * * a4 1 LO C * * U O In * k H a 9 * * m H0(9 * * v o U * * o:) G mo * * 00 -,1 0 * * z r 4k K H to il * * * * 4, H H H * a4 'D * * * * a u �4 u si u s u s u u u u u u * * H U * 0000* U z rom p * * z a 0 * * p rn m v * zzzz* 0 V) * * U n x * zzzz* (n 0>1 * � x t * * o U * �FCFCFC* N u N * * \ N * * co V O U * W W W W* o W * 4949* o I a * * ..... ....... u4 * * * ** ao u U) U N U >1 in (0 -0 . . . . . . . . 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H O H r r- 0) C1 H r N m r H r N m r I H o 1 U 04 u z �w ua i x a W z I u F� a 2 z l z H o n CITY COUNCIL LETTER AGENDA SECTION: NEW BUSINESS 9C ITEM: STINSON BOULEVARD RECONSTRUCTION AGREEMENT WITH THE CITY OF ST. ANTHONY Meeting of. June 8, 2015 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen DATE: 6/05/2015 BYG��, DATE: Background City staff was contacted by the City of St. Anthony in the fall of 2014 to discuss their street improvements to 37th Avenue and Stinson Boulevard planned for 2016 construction. The City of St. Anthony will be performing pedestrian, ADA, and signal improvements on 37th Avenue east of Stinson Boulevard and is planning full reconstruction of Stinson Boulevard from 37th Avenue to north of 40'b Avenue. As discussed with the Council at the January 2015 work session, Stinson Boulevard was in our Street Rehabilitation Program for 2016. City staff has been in discussions with the City Manager and City Engineer of St. Anthony to develop a cost share agreement for street and utility improvements on Stinson Boulevard from 37th Avenue to north of 40th Avenue. This section of Stinson Boulevard is the municipal boundary between the two cities. The scope of work would involve replacing the concrete street with a bituminous section along with utility improvements in each city proposed for 2016 construction. An agreement is attached that defines the responsibilities of each city. In summary, the agreement defines that: 1. The City of St. Anthony shall be the lead city on the project. 2. Each city shall prepare their own feasibility report and conduct the 429 process independently. 3. The City of St. Anthony shall prepare site surveys, prepare plans and specifications, advertise and open bids for the project. 4. The City Councils of Columbia Heights and St. Anthony must approve the award of contract for work to proceed on their respective sides of Stinson Boulevard. 5. St. Anthony will be responsible for construction engineering. 6. Columbia Heights will reimburse St. Anthony for actual construction costs in Columbia Heights. 7. Columbia Heights will reimburse St. Anthony for 50% of engineering services costs including design and construction administration. Staff recommends approval of the Joint Powers Agreement for Stinson Boulevard Street Improvements. Recommended Motion: Move to enter into a Joint Powers Agreement for Stinson Boulevard street improvements from 37th Avenue to north of 40th Avenue with the City of St. Anthony. Attachment: Joint Powers Agreement for Stinson Boulevard Improvements COUNCIL ACTION: 68 COOPERATIVE AGREEMENT FOR THE ADMINISTRATION AND DIVISION OF COSTS ASSOCIATED WITH STINSON BOULEVARD RECONSTRUCTION IN THE CITIES OF COLUMBIA HEIGHTS AND SAINT ANTHONY THIS AGREEMENT, made and entered into this — day of , 2015, by and between the City of Columbia Heights, Minnesota, a ]municipal corporation (hereinafter "Columbia Heights "), and the City of Saint Anthony, Minnesota, a municipal corporation (hereinafter "Saint Anthony "). WHEREAS, Columbia Heights and Saint Anthony share a common boundary and each desires to pursue a street improvement project of Stinson Boulevard from 37th Avenue NE to Silver Lane (hereinafter collectively the "2016 Stinson Boulevard Reconstruction Project "); and, WHEREAS, the streets in Columbia Heights and Saint Anthony that are to be included in the 2016 Stinson Boulevard Reconstruction Project are named and depicted in the attached Exhibit A to this Agreement; and, WHEREAS, the word "Improvements" as stated and used in this Agreement shall mean all 2016 Stinson Boulevard Reconstruction Project improvements including project development, preliminary and final engineering, administration, construction, inspection, and all other cost and work items described herein; and WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into a joint powers agreement providing for the division of costs for such Improvements; and WHEREAS, the total costs for the Improvements shall be shared by Columbia Heights and Saint Anthony in accordance with the terms of this Agreement. NOW, THEREFORE, IT IS AGREED: SECTION A PROJECT SUMMARY 1. The Improvements and financing shall be performed in accordance with the terms of this Agreement, the requirements of Minnesota Statutes, Chapter 429, and each City's respective codes, policies, and regulations. 2. Columbia Heights and Saint Anthony agree to develop separate Feasibility Reports for the Improvements. 3. Upon review and approval of the Feasibility Reports, a completion of final design (including the preparation of plans and specifications) shall be performed by Saint Anthony. Surveys, data, collection, and preparation of plans for final design shall also be performed by Saint Anthony. Bidding and contract documents shall be prepared in a form that allows the share of costs allocated to each party to be determined. 2010 Silver Lane Reconstruction Cooperative Agreement 69 4. Plans and specifications shall be approved by the city councils of Columbia Heights and Saint Anthony prior to releasing an advertisement for bids. Contract award to the lowest responsible bidder will be conducted by Saint Anthony. 5. Construction engineering, including bid openings, contract administration, other agency submittals, staking, and contract management shall be performed by Saint Anthony. 6. Construction observation for water and sewer improvements will be the responsibility of the City whose system is being improved. For Example, Columbia Heights watermain improvements will be observed by a city of Columbia Heights representative and constructed to its design standards. Saint Anthony watermain improvements will be observed by a city of Saint Anthony representative and constructed to its design standards. 7. Construction observation for street, sidewalk, and storm sewer improvements will be the responsibility of Saint Anthony. 8. All monthly progress payments to the contractor for any Improvements shall be reviewed and agreed upon by both Columbia Heights and Saint Anthony project representative prior to release of payment. Final contract payment shall occur only after final acceptance of the Improvements by the city council of Columbia Heights and the city council of Saint Anthony. 9. Saint Anthony shall invoice Columbia Heights for reimbursement of Columbia Heights's portion of the costs of the Improvements in accordance with this Agreement. SECTION B COST ALLOCATION 1. Final Design Costs a. Each party will pay their pro -rated share of design costs for the Improvements. The final design costs of the Improvements shall include, but not be limited to the following: data collection, preparation of drawings and exhibits, and preparation of plans and specifications. Saint Anthony will contract for these final design services with an engineering consulting firm, WSB and Associates, Inc. (WSB). WSB will invoice the City of Saint Anthony directly for this work. 2. Project Administration Costs a. Each party will pay 50% of the project administration costs for the Improvements. The project administration costs for the Improvement shall include, but not be limited to the following: bidding, contractor contracts, project management, pay vouchers, and change orders. Saint Anthony will contract for these project administration services with WSB. WSB will invoice the City of Saint Anthony directly for this work. 3. Construction Observation Costs a. Each party will pay 50% of all costs of the construction observation of the street and storm sewer improvements. Saint Anthony will contract for these construction 2 70 observations services with WSB. WSB will invoice the City of Saint Anthony directly for this work. b. Each party will pay for the costs of the construction observation of the sewer and water improvements of that City. Columbia Heights will provide an in -house construction observer for sewer and water improvements within Columbia Heights 4. Survey Costs a. Each party will pay 50% of all costs of the topographic survey and construction survey /staking of the street and utility improvements. Saint Anthony will contract for these survey services with WSB. WSB will invoice the City of Saint Anthony directly for this work. 5. Testing a. Each party will pay 50% of all costs of the material testing associated with the street and utility improvements. Saint Anthony will contract for these testing services with WSB. WSB will invoice the City of Saint Anthony directly for this work. Saint Anthony will contract for these testing services with WSB. WSB will invoice the City of Saint Anthony directly for this work. 6. Street and Storm Sewer Improvements a. Construction Cost Allocation: Each party will pay the respective costs of the construction of the street and storm sewer improvements in each City. 7. Sidewalk Improvements a. Construction Cost Allocation: All costs of the construction of the sidewalk improvements shall be assigned to Columbia Heights and Saint Anthony based on the actual amount of sidewalk and/or trail constructed for each city. 8. Sewer and Water Utility Improvements a. Construction Cost Allocation: Each party will pay for the costs of all sewer and water utility improvements based on the actual amount of sewer and water utilities constructed for each city. 9. Upon execution of this Agreement, Saint Anthony shall invoice Columbia Heights for its percentage of all costs incurred prior to contract award, and Columbia Heights will pay the invoice within thirty days of receipt. 10. After an award by the City of Saint Anthony to the successful bidder on the Project, the City of Saint Anthony shall invoice the City of Columbia Heights for ninety five (95) percent of the estimated City of Columbia Heights share in the contract construction and engineering costs for the Project. Payments shall be made to the City of Saint Anthony, in the name of the City of Saint Anthony, by the City of Columbia Heights for the full amount due stated on the invoices within thirty (30) days of the invoice date. Said estimated City of Columbia Heights share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. 11. In the event the City of Saint Anthony Engineer or the City of Saint Anthony's staff determines the need to amend the construction contract with a supplemental agreement or change 3 71 order which results in an increase in the contract amount for the Project, the City of Columbia Heights hereby agrees to remit within thirty (30) days of notification by the City of Saint Anthony of said change an amount equal to ninety five (95) percent of the estimated City of Columbia Heights share as documented in the supplemental agreement or change order. 12. The remainder of the City of Columbia Heights's share in the contract construction and engineering costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due to the City of Saint Anthony upon the completion of the Project and submittal of the City of Saint Anthony Engineer's final estimate for the Project to the City of Columbia Heights. 13. Upon final payment to the Project contractor by the City of Saint Anthony, any amount remaining as a balance in the deposit account will be returned to the City of Columbia Heights, within thirty (30) days, on a proportionate basis based on the City of Columbia Heights's initial deposit amount and the City of Columbia Heights's final proportionate share of the Project costs. Likewise, any amount due the City of Columbia Heights as its final payment for the construction costs of the Project within thirty (30) days of receipt of an invoice from the City of Saint Anthony. 14. All City of Columbia Heights funds deposited with the City of Saint Anthony shall bear interest equal to the 4M Fund rate until paid to the contractor or returned to the City of Columbia Heights. Saint Anthony shall provide Columbia Heights a listing of all transactions including deposits, progress payments, interest earned, and balances on a monthly basis or upon request of the Columbia Heights City Manager. [The remainder of this page is intentionally blank.] S 72 SECTION C MAINTENANCE RESPONSIBILITIES 1. Maintenance and upkeep of the Improvements after completion shall be in accordance with existing policies and responsibilities in place prior to construction of the Improvements. SECTION D MISCELLANEOUS PROVISIONS 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Indemnification. Each party will be responsible for claims and damages resulting from the acts, errors and omissions of its officers, employees and agents and will defend and indemnify the other parry for any such claims; provided, however, that nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 3. Notices. Any notices or correspondence required to be given under this Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage - prepaid by certified mail, return receipt requested: a. As to Columbia Heights: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55112 ATTN: City Manager b. As to Saint Anthony City of Saint Anthony 3301 Silver Lake Road Saint Anthony, MN 55418 ATTN: City Manager or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non - performance by the other party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement. 73 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Columbia Heights designates Saint Anthony as its representative authorized to act on Columbia Heights's behalf with respect to this Agreement. To the degree permitted by state law, Saint Anthony designates its City Manager, or his/her designee as authorized in writing, as its representative authorized to act on Saint Anthony's behalf with respect to this Agreement. 11. Limitations. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreement and their successors and assigns, and the obligations herein assumed are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 12. Non -Assi mg Went. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the non - assigning parry. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 14. Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally blank.] R 74 IN TESTIMONY WHEREOF, the City of Columbia Heights has caused this Agreement to be executed the day and year first above written. to LI-A CITY OF COLUMBIA HEIGHTS Gary Peterson, Mayor Walter Fehst, City Manager IN TESTIMONY WHEREOF, the City of Saint Anthony has caused this Agreement to be executed the day and year first above written. IC CITY OF SAINT ANTHONY Jerry Faust, Mayor Mark Casey, City Manager 7 75 EXHIBIT A PROJECT LOCATION NIAP OF STREETS TO BE INCLUDED IN PROJECT A -1 76