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HomeMy WebLinkAbout06-05-2023 City Council Work Session Packet CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs Interim City Manager Kevin Hansen Public Safety Bldg—Training Room, 825 41st Ave NE Monday, June 05, 2023 6:00 PM (or Immediately Following EDA) AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 861 4690 4172 or by Zoom at https://us02web.zoom.us/j/86146904172. For questions please call the Administration Department at 763-706-3610. CALL TO ORDER/ROLL CALL WORK SESSION ITEMS 1. Medtronic Development Proposal from LS Black. (30 Minutes) 2. Police Department Budget Update. (20 Minutes) 3. Emerald Ash Borer on Private Property Update. (15 Minutes) 4. Adoption of Optional Appendices of the State Fire Code. (10 Minutes) 5. Parks CIP - Update (45 Minutes) 6. Centerpointe Franchise Agreement. (10 Minutes) 7. Council Salary Adjustment. (10 Minutes) 8. City Council. (25 Minutes) *Narcan *Sister Cities *Food Truck Fees *2023 Metro Cities Policy Committees *Community Forum ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 1 ITEM: Medtronic Development Proposal from LS Black. DEPARTMENT: Community Development BY/DATE: CD Director/Assistant City Manager/June 02, 2023. CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND: In late 2022, staff were informed that Medtronic was making plans to vacate their Columbia Heights campus located at 800 53rd Avenue NE. The property was listed for sale in December of 2022, and staff collaborated with the listing broker to provide guidance on potential parameters for redevelopment of the site. Currently, the entire 11.74-acre site is zoned GB-General Business. This district allows for a variety of commercial uses but does not include provisions to allow residential development. Given the large size of the property and its desirable location, staff believe that a variety of uses could be considered at this location, including high- density residential. Despite the redevelopment potential for the site, there is no specific guidance in the City’s Comprehensive Plan to direct a different use of the property. The current plan simply guides the site for commercial use under the assumption that Medtronic will remain the primary user. Following the listing of the property, staff received a handful of inquiries from redevelopers over the course of a few months. Staff advised interested developers that the City viewed the site as a prime prospect for redevelopment, but specific guidance for the site has not been developed at this time. Therefore, additional planning must be undertaken to start creating parameters for the potential rezoning/re-guiding of the site before redevelopment can occur. One of the prospective developers that has expressed interest in the site is LS Black Development. LS Black currently has site control of the property and is in negotiations with Medtronic to purchase the property. They have executed a letter of intent that allows time for due diligence before moving forward with a formal purchase agreement. Staff advised LS Black that it would be necessary to present their concept plans to the Council to receive feedback before moving forward. The current LS Black concept plans include the following base elements:  Full redevelopment of the site including removal of the existing Medtronic building.  592+/- multi-family residential units including workforce housing and income restricted affordable housing.  Three phases of development. CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE JUNE 5, 2023 2 Item 1. City of Columbia Heights - Council Letter Page 2  Above grade and below grade structured parking.  Trail connections to the City’s existing trail/park network. Staff from LS Black Development will be in attendance to introduce their team and present their plans for review and comment by the Council. In addition, to considering the base development concept, LS Black has indicated that they will need financial support from the City in the form of tax increment financing to make the project viable. Therefore, the City must consider two primary questions to guide LS Black in their pursuit of the site:  Is the project concept appropriate for the site/are revisions desired?  Does the City want to provide TIF to the project in its current form? ATTACHMENT(S):  Project Narrative and Concept Plans 3 Item 1. Housing Master Plan Columbia Heights, MN 06.01.2023 1 CITY OF COLUMBIA HEIGHTS CITY COUNCIL WORK SESSION: JUNE 5, 2023 SUBMISSION DATE: JUNE 1, 2023 53RD AVE NEHOUSING MASTER PLAN 800 CE N T R A L A V E N E 53RD AVE NE Sullivan Lake & Park 4 Item 1. Housing Master Plan Columbia Heights, MN 06.01.2023 2 ABOUT LS BLACK DEVELOPMENT LS Black Development was founded in April 2020 by Sterling Black, Michael Hudson, and Willy Boulay to build, acquire, and own resident-focused, high quality affordable and workforce apartment communities. To date, the company has 3 projects totaling 540 units under construction/development, building off past experience of nearly 5,000 units and $800 million of projects closed prior to starting the company. LS Black Development focuses on long-term ownership of its properties, planning to own them for a minimum of 15-20 years; because of this, the company takes a holistic view of design and construction and strives to build communities that stand the test of time. ABOUT LOUCKS Loucks is a premier, go-to multidisciplinary consulting firm that inspires clients to make the best use of their land. Since 1976, we’ve served as an industry leader and high-integrity resource, helping owners, developers and project teams create successful projects. We enjoy designing and building remarkable projects with clients and colleagues that we’ve often known and worked with for decades. Our collaborative approach, and continuous involvement throughout the life of the project, set us apart from our peers. Loucks’ experience and rapport with municipalities, watersheds, and agencies adds value to every project and ultimately positions clients, stakeholders, project teams, and communities to grow and succeed together. After more than 45 years of building relationships and remarkable projects, we remain enthusiastic and grateful about doing the ground work that makes our clients’ projects more remarkable. ABOUT ESG ESG is a national leader in the planning, design and development of award-winning residences and communities throughout the US. Our architects and designers base their work on timeless design principles. These principles include the integration of pedestrian-friendly streetscapes and landscaping, proximity to mass transit, generating density, and the incorporation of sustainable-design strategies and mixed-use commercial enterprises. DEVELOPMENT TEAM EXPERIENCE 5 Item 1. 3 06.01.2023 Housing Master Plan Columbia Heights, MN N EXISTING SITE CONTEXT 53RD AVE NE CE N T R A L A V E N E I-694 Sullivan Lake & Park PROJECT SITE DISCOUNT TIRE APPLEBEE’S US BANK NOODLES & CO PIZZA HUT CHIPOTLE PETCO BANK OF AMERICA STARBUCKS TARGET ST. TIMOTHY’S LUTHERAN CHURCH & LITTLE VOYAGEURS’ MONTESSORI PARKSIDE TOWNHOMES MENARDS LIVINN HOTEL 6 Item 1. 4 06.01.2023 Housing Master Plan Columbia Heights, MN EXISTING CONTEXT BIRDSEYES CE N T R A L A V E N E CENTR A L A V E N E 53RD AVE NE 53RD AVE N E 53R D A V E N E I-694 Sullivan Lake & Park Aerial view looking northwest (Google Earth)Aerial view looking northeast (Google Earth) Aerial view looking south (Google Earth) 7 Item 1. 5 06.01.2023 Housing Master Plan Columbia Heights, MN SULLIVAN LAKE +892 +892 +894 +896 +898 +890 +890 +888 +886 +886 +886 +888 +890 +892 +896 +900 +898+894 +896 +898 +898 +894 +890 +882 +882 +882 +892 890' 900' 880' < DOWN TO P1 PARKING PARK/GREEN DROPOFF DROPOFF 53rd Ave NE D R O P O FF PROJECT METRICS SITE: 545,297+/-SF; 12.52+/-acres LOBBY/AMENITY LOBBY/ AMENITY LOBBY/AMENITY BUILDING 1 5 Stories (+1 below-grade story)158 Units245,081 GSF BUILDING 26 Stories 256 Units 490,480 GSF BUILDING 36 Stories 178 Units 435,696 GSF Scale:1" = 100'-0" Columbia Heights Master Plan SITE PLAN 6-1-23 800 53rd Columbia Heights N CONCEPTUAL SITE PLAN SCALE: 1”=100’-0” 8 Item 1. 6 06.01.2023 Housing Master Plan Columbia Heights, MN Project Overview The proposed development is located at 800 53rd Avenue NE at the former Medtronic Sullivan Lake Campus. It will transform vacant office space and an existing, large surface parking lot into a vibrant community with three phases of housing of approximately 592+/- dwelling units for residents at various income levels. In addition to a substantial investment in Columbia Heights and increasing the community’s available housing, this project would maintain and enhance the natural features and access to and from Sullivan Lake and Sullivan Lake Park by improving the existing trails and providing additional access to these natural features as well as expanding the park with additional green space and features, benefiting the entire Columbia Heights community. The site is currently zoned General Business District (GB) and guided Commercial in the 2040 Comprehensive Plan. The comprehensive plan states ‘any future growth will continue to occur through redevelopment and infill,’ and a key goal is to ‘preserve and enhance the existing viable commercial and industrial areas within the community.’ With the added residences, the project will not only provide additional support and customers for the existing hub of retail in the area, but it will also maximize the transit investment being made via the new Bus Rapid Transit (BRT) F Line. The new BRT line will have a stop immediately adjacent to the project’s frontage on 53rd Ave and will be one of many stops and connections to destinations and public transit throughout the region. The proposed project’s location makes it an ideal location for housing in pursuit of community building. Site Design The proposed site plan is organized into three housing buildings, responding to the natural features and characteristics as well as supporting movement throughout the site, fire access PROJECT NARRATIVE and utility easements. Two buildings are designed as slab-on-grade, wrap-style buildings with interior, above-grade structured parking. These buildings are designed to maximize green space and enhance the pedestrian experience while providing adequate parking at no additional charge to the residents and their guests. The third building is proposed on the west side of the site and provides future residents beautiful views of Sullivan Lake. This building will also have structured parking, providing space for residents and their guests and reduces the need for surface parking while enhancing the pedestrian experience along the trailway from 53rd Ave to Sullivan Lake Park. Building Design Changes in massing via “wrap” and “wing” conditions help to appropriately scale the buildings for this site. The ground-floor residential lobbies will be well glazed to provide natural light within the space and transparency to the adjacent streets and buildings. All of the buildings will be designed to market-rate, durable quality and will include high- quality exterior materials. Balconies or patios will be provided on all units in order to maximize resident access to daylight, nature and fresh air. Each building will have a full suite of common amenities and large dwelling units with quality countertops, stainless-steel appliances, and in-unit washers/dryers included in rent. Holistically the proposed development will increase access to green space and transit, enhance a regional retail hub, and provide a range of housing options along the spectrum of affordability --- all while drastically improving a vacant, underutilized site for current and future residents of the city. The development team is excited to present the conceptual site plan for feedback and input. 9 Item 1. 7 06.01.2023 Housing Master Plan Columbia Heights, MN DESCRIPTION: Six-story, mixed-use building with 160 dwelling units totaling approximately 271,100 SF (of this, 22,930 SF is production space). Includes 1-, 2- and 3-bedroom affordable units, 95 enclosed, residential parking stalls, and 74 surface parking spaces for residential and production use. TEAM PRECEDENT CANVAS, MINNEAPOLIS PRECEDENT 10 Item 1. 8 06.01.2023 Housing Master Plan Columbia Heights, MN LS BLACK PRECEDENT THE BALSAM ON BROADWAY, ST. PAUL DESCRIPTION: The Balsam on Broadway, located at 540 Broadway Street, adjacent to Downtown St. Paul, will be a six-story, 227,000+ SF mixed-use apartment building with 128 studio, 1-, 2- and 3-bedroom apartment homes, 5,200 SF of office space that will be LS Black Development’s future headquarters, and 134 interior parking stalls. PRECEDENT 11 Item 1. Housing Master Plan Columbia Heights, MN 06.01.2023 9 ESG PRECEDENT Vesi Apartments - Minneapolis, MN The Fenley - Bloomington, MN Elan Uptown - Minneapolis, MN IndiGO - Minneapolis, MN PRECEDENT 12 Item 1. Housing Master Plan Columbia Heights, MN 06.01.2023 10 Residences at 1700 (Minnetonka) ESG PRECEDENT Vesi Apartments - Minneapolis, MN Elan Uptown - Minneapolis, MN The Fenley - Bloomington, MN The Fenley - Bloomington, MN PRECEDENT 13 Item 1. Housing Master Plan Columbia Heights, MN 06.01.2023 11 CITY OF COLUMBIA HEIGHTS CITY COUNCIL WORK SESSION: JUNE 5, 2023 SUBMISSION DATE: JUNE 1, 2023 53RD AVE NEHOUSING MASTER PLAN 800 CE N T R A L A V E N E 53RD AVE NE Sullivan Lake & Park 14 Item 1. 15 Item 1. 14 06.01.2023 Housing Master Plan Columbia Heights, MN SULLIVAN LAKE +892 +892 +894 +896 +898 +890 +890 +888 +886 +886 +886 +888 +890 +892 +896 +900 +898+894 +896 +898 +898 +894 +890 +882 +882 +882 +892 890' 900' 880' UTILITY EASEMENT 50' WIDE UT I L I T Y E A S E M E N T 3 0 ' W I D E SANITARY SEWER CITY EASEMENT MULTIPLE EASEMENTS < DOWN TO P1 PARKING PARK/GREEN DROPOFF DROPOFF 53rd Ave NE D R O P O FF PROJECT METRICS SITE: 545,297+/-SF; 12.52+/-acres LOBBY/AMENITY LOBBY/ AMENITY LOBBY/AMENITY BUILDING 1 5 Stories (+1 below-grade story)158 Units245,081 GSF BUILDING 26 Stories 256 Units 490,480 GSF BUILDING 36 Stories 178 Units 435,696 GSF Scale:1" = 100'-0" Columbia Heights Master Plan EASEMENT OVERLAY EXHIBIT 6-1-23 800 53rd Columbia Heights EASEMENTS SCALE: 1”=100’-0” N 16 Item 1. COLUMBIA HEIGHTS POLICE DEPARTMENT MEMORANDUM To: Mayor Amáda Márquez Simula Members of the Columbia Heights City Council Kevin Hansen, Acting City Manager From: Lenny Austin, Chief of Police Subject: Police Department Budget Update Date: June 1, 2023 Enclosed you will find a staffing study conducted by Captain Matt Markham that he researched in December 2022, to increase staffing levels in the Columbia Heights Police Department’s Investigations Unit in order to reduce the high volume of cases that our Investigators are assigned. Currently, Investigators carry about 125 cases each. Since approximately 2008, the police department reduced its Investigations Division from three investigators to two. The reason for this was to address call volume in the city to include criminal activity, as well as the need to provide citizen police service to the community and implement a more robust community policing philosophy. This has proven to be very beneficial to the citizens of Columbia Heights. This position was never replaced, but the call volume has increased from 16,559 in 2008 to 24,909 in 2022. This increase in call volume has not allowed for the ability to bring on a third investigator with the current authorized strength of 29 officers. In 2024, the CHPD will be recommending an increase to the authorized strength of officers from 29 officers to 30 officers. This position will increase the budget by approximately $129,000 (wage + fringe). Currently, there is one vacant Records Technician position, which will be removed from the police department operating budget. This position would be budgeted at $77,800 (wage + fringe). It is recommended the funding from this position be transferred to assist with the funding for the 30th officer. The 2023 budget allows for an authorized strength of 29 sworn officers. We are currently staffed with 26 officers, with one officer starting on June 12th, another applicant starting in August, and the 29th person starting in December, once he has completed the Pathways program. As you are aware, officer recruitment has been one of the biggest challenges that we have faced. Recruitment and retention will continue to be difficult for the next several years. The CHPD is fortunate to have an additional candidate who should be able to attend the Pathways program with the 29th officer candidate, starting in September, with the ability to start as a sworn officer in December 2023. In 2024, it is anticipated that the CHPD will see at least one retirement in April 2024. Regardless of whether or not a 30th Officer is approved for the entire 2024 budget year, I am recommending that the police department move forward with this additional candidate and increase our staffing level to at least a temporary strength of 30 officers, effective in December 2023 through May 1, 2024, in order to plan for the replacement of the open position that will potentially open May 1, 2024. Attachment (Captain Markham’s “Increasing Staffing Levels in Investigations to Reduce High Caseloads”) 17 Item 2. ~ 1 ~ INCREASING STAFFING LEVELS IN INVESTIGATIONS TO REDUCE HIGH CASELOADS MATTHEW MARKHAM COLUMBIA HEIGHTS POLICE DEPARTMENT A Staff Study Submitted to the Northwestern University Center for Public Safety School of Police Staff & Command Class # 532 COLUMBIA HEIGHTS POLICE DEPARTMENT DECEMBER 2, 2022 18 Item 2. ~ 2 ~ INCREASING STAFFING LEVELS IN INVESTIGATIONS TO REDUCE HIGH CASELOADS Problem The investigations unit currently consists of two investigators that carry a case load of about 75 plus cases each and are rarely able to catch up due to the volume of new cases coming in daily. This causes some solvable cases to not get worked, which has a direct impact on victim’s and the community. The Anoka County Sheriff’s Office Criminal Investigation Division does assist with some felony investigations, but many times the solvability rate is higher with Columbia Heights Police Department investigators due to established relationships and the priority the Columbia Heights Police Department puts on cases. This has been an issue for over a decade as other positional needs in the department have been prioritized. If this problem continues more cases will go unsolved, which will have a negative impact on the police department and community. Assumptions  Adding an investigator will reduce the caseload of each investigator.  Solving more crimes will build trust with the community.  Columbia Heights Police Department investigators are more invested in the community, which will make them better at solving Columbia Heights crimes than outside agency investigators.  Adding an investigator will allow the Columbia Heights Police Department to retain more cases versus sending them to outside agencies to investigate.  Three investigators will improve the continuity of operations when one or more investigator is on leave . Facts  Modern day crimes are more complex due to digital evidence (Netting, 2019).  The Columbia Heights Police Department has an authorized sworn strength of 29 officers with two officers assigned as investigators. (See Annex A for organization chart)  Columbia Heights Police Department current caseload is increasing. (See Annex E)  Smaller caseloads result in higher clearance rates.  Higher felony arrest rates help reduce crime.  The Columbia Heights Police Department has experienced a high employee turnover rate. (See Annex F) 19 Item 2. ~ 3 ~  An additional investigator position will create another career enhancement position within the department, which will improve officer retention.  The cost of adding a full-time police officer position in 2024 would cost between $87,574 and $110,766 annually. (See Annex G) Discussion Criminal investigations continue to be more complex and time consuming as digital evidence continues to increase (Netting, 2019). The Columbia Heights, Minnesota Police Department investigators are writing more search warrants and collecting digital evidence from surveillance video, phones , social media accounts , etc. more than in the past. Cybercrime is creating new ways for criminals to commit crime and is aiding criminals in doing old crimes (PERF, 2018). Prosecuting attorneys are requesting more follow up and monitoring of jail phone calls than in the past. These demands apply to all investigativ e units today, not just the Columbia Heights Police Department. More work that is required for each case equals more time that needs to be spent on each case. The Columbia Heights Police Department has a sworn authorized strength of 29 officers and of those 29, only two are assigned to investigations (Annex A). The Columbia Heights Police Department has consistently operated with only two investigators for decades. The Anoka County Sheriff’s Office Criminal Investigation Divisio n also assists with felony cases , but they are not located in the city and are more removed from the community, and it’s needs. The Columbia Heights Police Department is committed to active community partnerships to solve crime and involve community partners in policing efforts (Annex B, Annex C). Columbia Heights investigators know the residents better than their sheriff detective counterparts, which leads to trust and the ability to solve crimes (U.S. DOJ, 2015). The Columbia Hei ghts Investigation Division requires a continuity of operations due to the need for an investigator to be present Monday through Friday to handle patrol generated in custody cases. In custody cases require investigators to sign complaints sent to them by the prosecuting attorney and they must be signed in a timely manner. Investigators typically have other duties to fulfill as well such as training instruction, field training officers or working patrol shifts when staffing is low. Investigators like all employees are allowed to take leave for various reasons. In 2021 the two current Columbia Heights investigators used 554.5 hours of leave almost totaling 14 weeks (Annex D). In 2022 the same investigators used 373 hours of leave up to September 23, 2022, totaling approximately nine weeks with three months in the year remaining (Annex D). 20 Item 2. ~ 4 ~ In 2021 two investigators were assigned 593 cases per the records management system (Annex E ), which averages out to be almost 25 new cases per month. Two investigators have been assigned 1070 cases in 2022 up to September 23, 2022 (Annex E), which averages out to be almost 44.6 cases per month. Considering the amount of work that is needed for modern day cases this monthly caseload is not sustainable , especially when factoring in employee leave. During those same time periods the Anoka County Sheriff’s Office caseload for the City of Columbia Heights has been around 91 cases annually (Annex E). When investigators keep taking on a high volume of cases daily it creates a backlog effect where person crimes are prioritized over property crimes and then some property crimes don’t get investigated properly. In order to clear more cases, more investigators are needed (Belrose, 2020). Some studies have shown that lower caseloa ds involving serious crimes like homicides has shown to improve clearance rates (Kelly, Lowery, Rich, 2018). Increasing felony arrest rates has shown to reduce felony crimes as demonstrated in New York City in the 1990’s (Francis, 2003). The Columbia Heights Police Department has experienced a high turnover rate the past several years (Annex F). The newer genera tion of officer s want career development opportunities, or they will leave the organization or career (Scism, 2022). More investigator position s would increase the number of career development positions within the Columbia Heights Police Department. For the Columbia Heights Police Department to increase the number of investigators within the Investigation Division it has three choices . Those choices are to hire a new officer increasing authorized sworn strength to 30 , restructure existing staff assignments or move a current school resource officer to an investigator position if the Columbia Heights School District does not renew its annual school resource officer contract with the police department.  Hire New Officer o Increases the department authorized strength to 30 sworn. o Provides the most flexibility with adding an investigator. o Creates a new career development position within the department. o It does not affect other areas of department operations. o Will require future planning and budgeting approval for 2024 budget. o It will require city manager and city council approval. o It will cost between $87,574 and $110,766 to hire base d on the new hire’s exp erience level and starting pay (Annex G). 21 Item 2. ~ 5 ~ Restructure Existing Staff Assignments. o If at full staff of 29 sworn , move one person out of patrol and assign to investigations. o Creates a new career development position within the department. o Position could be added almost immediately with some minor budget reallocation as CHPD runs on a bottom -line budget philosophy. o The new investigator position would short patrol and one team would have one less officer than other teams. o The position would require $3000 annually for specialty assignment pay (Annex G).  Reassign School Resource Officer (SRO) to Investigations if School Contract is Not Renewed. o The Columbia Heights School District Contract is renewed annually for two SRO positions and every year the contract faces increased scrutiny from the school board after the murder of George Floyd . o If the contract is not renewed , the Columbia Heights Police Department would lose funding for one police officer position. o One SRO should be assigned as investi gator instead of eliminating the position and laying off an employee. o The reassignment would not increase the number of career development positions in the Columbia Heights Police Department. o The school district will pay the Columbia Heights Police Departm ent $110,110 for two SROs in 2022 (Annex H). o The reassignment would take council approval and an increased annual budget between $87,574 and $110,766 per year (Annex G). 22 Item 2. ~ 6 ~ Works Cited Belrose, J., (2020) How to Increase Police Clearance Rates: 8 Key Areas, https://www.shotspotter.com/blog/increase-police-clearance-rates/, September 23, 2022. Francis, D., (2003) What Reduced Crime in New York City, https://www.nber.org/digest/jan03/what-reduced-crime-new-york-city, September 23, 2022. Kelly, K., Lowery, W., Rich, S. (2018) Murder with Impunity Buried Under Bodies Even With Murder Rates Falling, Big-City Detectives Face Daunting Caseloads, https://www.washingtonpost.com/news/national/wp/2018/09/13/feature/even-with-murder- rates-falling-big-city-detectives-face-daunting-caseloads/, September 22, 2022. Netting, J., (2019) Why is it taking the police longer to investigate crimes? Crest’s approach to quantifying complexity, https://www.crestadvisory.com/post/crests-approach- to-quantifying-complexity, September 22, 2022. Police Executive Research Forum (PERF), (2018) Changing Nature of Crime, https://www.policeforum.org/assets/ChangingNatureofCrime.pdf, September 23, 2022. Scism, R. (2022) Employee Retention: Preventing a “Great Resignation” in Your Public Safety Agency, https://www.lexipol.com/resources/blog/employee-retention-preventing-a- great-resignation-in-your-public-safety-agency/, September 22, 2022. U.S. Department of Justice Community Relations Services Toolkit for Policing, (2015) Importance of Police-Community Relationships and Resources for Further Reading: Why Police-Community Relationships are Important, https://www.justice.gov/file/1437336/download, September 23, 2022. 23 Item 2. ~ 7 ~ ANNEX A 24 Item 2. ~ 8 ~ ANNEX B Columbia Heights Police Department Mission Statement 25 Item 2. ~ 9 ~ ANNEX C Strategy two of the Columbia Heights Police Department 2022 Strategic Plan 26 Item 2. ~ 10 ~ ANNEX D CHPD Investigators Leave Use for 2021 and 2022 27 Item 2. ~ 11 ~ ANNEX E Columbia Heights Police Department Records Management Systems Report 28 Item 2. ~ 12 ~ ANNEX F Columbia Heights Police Department Employee Turnover Count 29 Item 2. ~ 13 ~ ANNEX G Columbia Heights Finance Department Report Per 2024 Union Contract 30 Item 2. ~ 14 ~ ANNEX H 31 Item 2. ~ 15 ~ 32 Item 2. ITEM: EAB ON PRIVATE PROPERTY UPDATE DEPARTMENT: Urban Forestry BY/DATE: Liam Genter / 5/31/2023 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) XHealthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services XSustainable BACKGROUND: The Emerald Ash Borer is an invasive beetle that was introduced to the US in the 1990s. All North American species of ash (Fraxinus spp.) are highly susceptible to infestation by EAB, with little or no observed natural immunity—mortality rates of untreated trees approach 100%. The first detection in Columbia Heights was July 2019. The beetle was present in Columbia Heights least 7-8 years before detection based upon the condition of the dead trees and other ash trees in the immediate area. Infestation is cu rrently widespread throughout all areas of the City; all untreated ash trees will be killed by the beetle within a matter of 2 -3 years at maximum. Management of EAB in the publicly owned forest in Columbia Heights has been a great success. The City Council first approved an EAB management plan in 2014—the plan took a balanced approach to managing EAB in the public forest, calling for the treatment of ~25% of the City’s highest value public ash trees, and the scheduled removal of all other public ash. Grant funding ($100K) secured from the MnDNR in 2019 allowed for the removal and replacement of the remaining 350 untreated publicly owned ash trees. Ash trees removed since 2019 have been replaced at a rate of 1.5 trees planted for each tree removed. An additional MnDNR grant ($64K) was secured in 2022; this grant will provide funding for the planting of 525 new trees from 2023 - 2026 and the continued treatment of the remaining 275 City-owned ash trees. In 2020 the City Council amended the EAB Management Plan to remove the 25% cost-share on the removal of privately owned diseased trees. This cost share was originally enacted to aid with removal of elm trees during the Dutch Elm Disease epidemic and was funded by appropriations from the state legislature. Replacement of the lost canopy will take decades, but the City is on track to exceed previous urban forest canopy coverage with a much more diverse and resilient assemblage of species. The final remaining piece of the EAB management puzzle is the privately owned ash trees in the City. City staff have made great efforts to raise awareness of the issue and encourage as many property owners as possible to proactively manage their ash trees. Efforts to date have included many newsletter articles, informational videos, City website information, social media posts, and direct mail postcards to all addresses and property owners of rental properties in 2022 and 2023. City staff have secured and publicized bulk discounts available to residents who wish to treat their ash trees since 2020. The City solicited bids for injection services and selected Rainbow Treecare as our partner in this endeavor. In addition to City o utreach efforts, Rainbow has CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE 6/5/2023 33 Item 3. City of Columbia Heights - Council Letter Page 2 sent direct mail postcards advertising the treatment option and discount to all addresses in the City since 2021. Though hundreds of residents have taken advantage of the treatment and removal options, a very large number of untreated, infested ash trees remain on private property in Columbia Heights. The City Forester completed a City-wide survey of all properties in Columbia Heights during the winter months of 2022 -2023. During the survey, 1,057 ash trees were identified on private property. This number represents a minimum quantity of ash trees on private property, the total number could be as high as 1,500. The vast majority (90%+) of these ash trees are heavily infested with EAB and no longer candidates for treatment. Removal is the only option remaining for these trees; the trees are actively dying, and some are already dead —many of these trees will become public safety threats within the next 1-2 years if not removed. Chapter 4, Article II, of the Columbia Heights City Code gives the City the authority to order the removal of diseased, dead, or hazardous trees on private property. The City Forester is given considerable latitude to determine when trees are ordered to be removed, as well as removal timeframes. Given limited resources and personnel, and the short timeframe of mass mortality, City staff will not be able to order the removal of all 1,000+ ash trees on private property. The City Forester proposes the ordering removals of ash trees on private property according to this schedule: 1. Send direct notification letters to property owners of all addresses identified in the City -wide survey. The letter will state that City staff have identified one or more ash trees on the property, and that property owners are responsible for management of all trees on their property. The treatment option will be presented, along with the appropriate caveats (very few remaining untreated trees are still candidates). The list of all licensed tree care contractors will be included in the letter, as well as the City Forester’s contact information for inspections, consultations, identification, etc. Letters should be sent by mid -June, 2023. Letters will be sent in English, Somali, and Spanish. 2. Following the general notification letters, the first round of enforcement will target all diseased/dead ash trees on rental and commercial properties in the City, as well as any trees identified in the survey as imminent public safety threats. Enforcement will follow established procedures but will allow 45 days for the removal of trees. The City Forester will also grant time extensions in all cases where trees do not present a clear and present danger to public safety. Following the 45 -day period, the City Forester will seek contractor bids for the removal of remaining ash trees, assign the removals to the low bid contractor, and property owners will be billed/assessed for the cost of removal and administrative fees. Enforcement action will begin in July for rental/commercial properties. 3. All remaining diseased/dead ash trees on private property that represent a future threat to public safety will be the next round of enforcement. Enforcement will begin following the tree planting season, likely in mid-November. Removals will be ordered following established procedures, and property owners will be given until June 1, 2024 to remove their trees. Property owners that receive enforcement letters after January 1, 2024 will be given 6 months to complete removals. Trees that are not removed by deadlin es will be compiled into lists and sent to contractors for bid and awarded to the low bid contractor. Property owners will be billed/assessed for cost of abatement and applicable administrative fees. 34 Item 3. City of Columbia Heights - Council Letter Page 3 SUMMARY OF CURRENT STATUS: Columbia Heights has done a great job handling publicly owned ash trees. The next step in the EAB Management Plan is to mitigate diseased trees on privately owned property. The City Forester has surveyed the city and identified 1,057 ash trees currently infected on private proper ty. Letters will be sent to inform residents and property owners of the condition of their tree and the possible enforcement of the removal if the tree is not removed. These letters will target commercial properties and high hazard trees first. City staff will be available for consultation and inspection, as well as to answer any questions about the process residents have. STAFF RECOMMENDATION: Proceed with the outlined plan for private property ash tree remediation and enforcement. RECOMMENDED MOTION(S): Informational Purposes Only MOTION: No Motion – Information and Discussion ATTACHMENT(S): Notification of Private Ash Tree Letter.docx 35 Item 3. May 23, 2023 City of Columbia Heights | Public Works Department 637 38th Avenue NE, Columbia Heights, MN 55421 Phone: (763) 706-3700 ▪ Email: publicworks@columbiaheightsmn.gov www.columbiaheightsmn.gov IMPORTANT NOTICE Address Address Address Address Attn: Property Owner RE: One or more ash trees have been located on your property at the address listed above. Staff from the City of Columbia Heights Public Works Department completed a city-wide survey of ash trees located on private property during the winter months of 2022-2023. During the survey, one or more ash trees were identified on your property located at the address listed above. The invasive Emerald Ash Borer (EAB) beetle was first positively identified in Columbia Heights in 2019 and is now killing ash trees throughout the city. All North American ash species are highly susceptible to EAB with mortality rates near 100%. Property owners are responsible for the care, maintenance, and removal of all trees located on their property; the City of Columbia Heights urges them to act quickly to manage their ash trees. City of Columbia Heights Code Chapter 4, Article II, declares dead, diseased, and hazardous trees to be public nuisances and gives city staff the authority to order their removal. The City of Columbia Heights will be ordering the removal of all dead and hazardous ash trees on private property—act soon to avoid enforcement action. Management options for EAB are limited to chemical treatment or removal of the tree. Chemical treatment can be highly effective but needs to be applied before trees have begun to decline. All ash trees that have not been treated are infested with EAB; most are no longer treatable and removal is the only remaining management option. The City Forester is available free of charge to assist residents with the identification of ash trees on their property, and for discussing management options. The city has partnered with Rainbow Treecare to offer a discount to all residents for EAB treatment services. See the enclosed postcard for more information. For ash tree removal, property owners may complete the work themselves or hire a licensed contractor to complete the work. A list of licensed contractors and their contact information has been included with this letter. Residents are encouraged to get a minimum of 3 bids for any tree removals; the price of tree work can be highly variable. All contractors performing tree work in Columbia Heights are required to be licensed by the city. Regards, EAB Chemical Treatment Liam Genter, City Forester Licensed Tree Care Contractors 36 Item 3. May 23, 2023 City of Columbia Heights | Public Works Department 637 38th Avenue NE, Columbia Heights, MN 55421 Phone: (763) 706-3700 ▪ Email: publicworks@columbiaheightsmn.gov www.columbiaheightsmn.gov IMPORTANT NOTICE 37 Item 3. ITEM: Adoption of optional Appendices of the State Fire Code DEPARTMENT: Fire BY/DATE: Zachery Picard / June 5, 2023 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND: Time approx.: 5 minutes. In March of 2020, the State of Minnesota adopted the 2020 version of the State Fire Code. Columbia Heights City Code is structured to automatically adopt the State Fire Code by reference whenever the State adopts a new version. However, the Fire Code contains several appendices that municipalities may optionally adopt through a resolution. The adoptable optional appendices are:  Appendix A Board of Appeals  Appendix B Fire Flow Requirements for Buildings  Appendix C Fire Hydrant Locations and Distributions  Appendix D Fire Apparatus Access Roads  Appendix E Hazard Categories  Appendix F Hazard Rankings  Appendix G Cryogenic Fluids – Weight and Volume Equivalents  Appendix H Hazardous Materials Management Plan & Hazardous Materials Inventory Statement Instructions  Appendix I Fire Protection Systems – Noncompliant Conditions  Appendix J Building Information Sign  Appendix K Construction Requirements for Existing Ambulatory Care Facilities  Appendix L Requirements for Fire Fighter Air Replenishment Systems  Appendix M High-rise Buildings – Retroactive Automatic Sprinkler Requirement  Appendix N Indoor Trade Shows and Exhibitions  Appendix O Fire and Barbecues on Balconies or Patios  Appendix P Emergency Responder Radio Coverage The appendices of the latest version of the State Fire Code were re -lettered and several additional appendices were added. CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE 6/5/2023 38 Item 4. City of Columbia Heights - Council Letter Page 2 SUMMARY OF CURRENT STATUS: The change in lettering of the optional appendices created an inconsistency with the appendices previously adopted by the Council. In the interest of housekeeping, the fire department is presenting an updated appendices list for adoption. Additionally, the number of large new building construction projects and changes in building construction have driven a need to adopt the Emergency Responder Radio Coverage appendix to ensure the safety of our responders and community. STAFF RECOMMENDATION: Recommendation for moving item forward for approval on next available consent agenda. RECOMMENDED MOTION(S): MOTION: None. Informational for next consent agenda. ATTACHMENT(S): DRAFT 2023-06-05 Code Appendices Adoption Resolution 39 Item 4. DRAFT RESOLUTION NO. 2023-xx A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, on March 31, 2020 the State of Minnesota Adopted a new Minnesota State Fire Code with optional appendices, and Whereas, Chapter 8, Article IV of the Columbia Heights City Code automatically adopts the most re cent edition of the Minnesota State Fire Code and allows for the adoption of optional appendices through Council Resolution, and Whereas, the adoptable Optional Appendices are: Appendix A Board of Appeals Appendix B Fire Flow Requirements for Buildings Appendix C Fire Hydrant Locations and Distributions Appendix D Fire Apparatus Access Roads Appendix E Hazard Categories Appendix F Hazard Rankings Appendix G Cryogenic Fluids – Weight and Volume Equivalents Appendix H Hazardous Materials Management Plan & Hazardous Materials Inventory Statement Instructions Appendix I Fire Protection Systems – Noncompliant Conditions Appendix J Building Information Sign Appendix K Construction Requirements for Existing Ambulatory Care Facilities Appendix L Requirements for Fire Fighter Air Replenishment Systems Appendix M High-rise Buildings – Retroactive Automatic Sprinkler Requirement Appendix N Indoor Trade Shows and Exhibitions Appendix O Fire and Barbecues on Balconies or Patios Appendix P Emergency Responder Radio Coverage Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The Fire Department has researched all the adoptable optional appendices and has found that Appendices' D, I, J, O, and P are relevant to the City of Columbia Heights and are hereby adopted. This Resolution shall be effective immediately upon its enactmen t by the City Council. 40 Item 4. City of Columbia Heights - Council Resolution Page 2 ORDER OF COUNCIL Passed this _________ day of ______________________, 2023 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 41 Item 4. ITEM: Parks CIP - update DEPARTMENT: Administration BY/DATE: Kevin Hansen / June 1, 2023 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _ Sustainable BACKGROUND: Over the last fifteen years, the Park and Recreation Commission has completed the Master Planning of six 6 Parks, culminating in the reconstruction of each of these parks. The intent of a Master Plan process (initial concepts, public engagement, Commission recommendation, Council approval) is to provide an overall plan of the entire park to work from for design and construction. Therefore, it is the desire of the Park and Recreation Commission and City Staff to have a detailed working plan to rehabilitate or reconstruct elements of the park in phases, as funding becomes available. The Master Plan also provides cost estimates of each park element or amenity and provide an evaluation of financing options for the short and long term redevelopment plan. Master Plans and years developed are: 2003: Huset Park 2008: Sullivan Lake Park 2008: Silver Lake Beach 2011: Ramsdell Park 2012: Labelle Park 2014: Huset West (playground, shelter) 2015: Huset West (Splash Pad) 2016: Keyes Park 2018: Silver Lake Boat Landing 2019 - Current: Wargo Court SUMMARY OF CURRENT STATUS: For reference, the Master Planning leading to redevelopment at each park has resulted in investing $450,000 to $650,000 at each park. In 2018 and 2019, the Park and Recreation Commission reviewed each park for updating the Parks CIP. Over the last 2- 1/2 years, material and construction costs have experienced significant price increases. To provide the best information to evaluate funding alternatives, the consulting firm of WSB was contracted to review and provide updated cost estimates using the most recent Parks CIP updated by the Park & Recreation Commission in 2020, summary attached. CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE JUNE 5, 2023 42 Item 5. City of Columbia Heights - Council Letter Page 2 In April of 2023, the Park & Recreation Commission reviewed the WSB cost updates. Those cost updates (WSB) are also attached on a park by park basis. One of the high priority goals established in the 2023 Strategic Planning and Goal Setting report was updating the Parks Master Plan and Parks financing plan. Traditional funding for parks improvements has been through the park redevelopment fund, general fund, and DNR or MWMO grants which have funded related development improvements such as storm water. The Park Development Fund is sourced through residential redevelopment activities. Grants funding large scale park redevelopment are limited. Staff will be engaging our Legislators to discuss funding through the State – but this funding, when available, is most often directed toward projects having regional significance or outside the Metro. Parks bonding is the more common funding tool used by Cities when funding large scale or multiple park projects. Recent examples are the Cities of Fridley and Coon Rapids. Fridley issued $20 million in bonds for a $30,000 Parks redevelopment program. Options the Council may consider are:  Do nothing  Redevelop as funding becomes available through traditional methods.  Redevelopment of specific parks (Partial system redevelopment)  Redevelopment of all remaining parks (Complete system redevelopment) STAFF RECOMMENDATION: While doing nothing is always an option, the condition and needs of our park system is significant. Reinvestment in our Park System will require bonding. Considering other City needs that will also require bonding, such as facilities (Public Works and Murzyn Hall) and current and future infrastructure (37th Avenue, Water Meter replacement, Central Avenue, sidewalks), the Council may want to consider funding a phased approach. Choosing to redevelop smaller to medium parks could be accomplished in the near term. Delaying redevelopment of larger parks such as Huset would allow us to explore other funding sources such as State requests or other grant opportunities. It would also allow us to update the Master Plans for larger parks as the athletic field needs facilitated in these parks have changed (such as soccer fields or pickleball). Staff has provided a suggested plan under this funding scenario, attached. This approach would redevelop identified parks in 2024 and 2025. I should also note that any park redevelopment authorized by the Council would include public engagement and communications with the community as established in the Council goals. ATTACHMENT(S): Updated Parks Capital Improvement Plan (CIP) Summary Updated Parks Capital Improvement Plan (CIP) Park by Park Phased funding scenario 43 Item 5. Park Redevelopment Phased Approach 2024: Hilltop Park: $165,000 Labelle Park: $110,000 Prestemon Park: $825,000 2025: Edgemoor Park: $165,000 Lomianki Park: $475,000 Keyes Park: $850,000 Wargo Court: $425,000 Total 2023 Bonding: $3,025,000 Future Years: Sullivan Lake Park: $600,000* Ostrander Park: $550,000 McKenna Park: $1,350,000 Ramsdell Park: $800,000 Gauvitte Park: $1,675,000 (Storm water funding) $250,000 (Parks) Huset Park West $3,950,000 Huset Park East $3,750,000 Total Future Funding: $12,925,000 * Medtronic Redevelopment (timing) 44 Item 5. 2023-2028 Capital Improvement Plan Parks Department 412-5200 Project 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Cost Notes Huset Park ** Implement Master Plan including: $3,000,000 $3,000,000 Master Plan includes east and west Site Grading, EC, landscaping and restoration $400,000 Contaminated soils (export - landfill) $225,000 1990 report Pinwheel Ballfields (west), fencing and irrigation $800,000 3 or 4 fields in a pinwheel design Remove block garage / Install concession & restroom bldg $825,000 and storage Remove Jefferson bld & new picnic shelter $215,000 Install Baseball and Soccer Fields (East) $400,000 1 each Playground Replacement (east) $135,000 JPM Parking lot and access drive Mill to Huset Prkwy $475,000 $475,000 Recon of lower JPM lot, add access dr Gauvitte Park $1,045,000 $1,045,000 Cost share MWMO - TBD Develop Master Plan / SWIA $25,000 $25,000 MWMO funded Construct storm water infiltration area (SWIA) * $400,000 MWMO watershed funding (tbd) Purchase property for pipe access to (SWIA) $250,000 MWMO watershed funding (tbd) Replace playground equipment $115,000 Building demolition / new picnic shelter $145,000 Site Grading, EC, landscaping and restoration $135,000 Eval for soccer field McKenna Park $640,000 $640,000 Develop Master Plan $18,000 $18,000 Remove wading pool $25,000 maintain only 2 water features Remodel parkhouse $225,000 Reconstruct Athletic Fields $175,000 (?) Maintain 1 or 2 fields Site Grading, Parking lot, EC, landscaping and restoration $215,000 new parking lot off 48th Ave Sullivan Park **$450,000 $450,000 Rehab park storage building $50,000 Masonry, Doors, windows, locks Reconstruct tennis courts $275,000 full reconstruction, poor soils Inclusive Play area $125,000 Add to existing play area 53rd & Central Construct entrance sign to city - yr TBD $40,000 $40,000 ~$10k from former CH chamber Ramsdall Park **$525,000 $525,000 Remove wading pool / construct splash pad $415,000 smaller than Huset SP Complete trail (shown in Master Plan) $25,000 City Staff Trail Lighting $85,000 LED ~ 10 lights Skate Park (Johnson & 49th Ave - ISD 13 property)$165,000 evaluate need (not in budget), cost can vary Hilltop Park Replace playground equipment $75,000 $75,000 no Master Plan - equip only Silver Lake Park ** Construct pathway from Stinson Blvd to Benjamin St $165,000 $165,000 difficult install - ADA issues, reevaluate need Keyes Park **$550,000 Reconstruction based on Master Plan $550,000 $0 completed Building remodel / addition $400,000 $400,000 Remodel interior / add covered picnic area North Sidewalk (46th and Reservoir) $125,000 $125,000 45 Item 5. Complete trail (shown in Master Plan) $25,000 $25,000 City Staff install (materials cost only) Ostrander Park $600,000 $600,000 Develop Master Plan $20,000 $20,000 Site Grading, ponding, EC, landscaping and restoration $180,000 serve as area storm WQ (underground) Replace playground equipment $115,000 Remove Park Building $30,000 New Picnic Shelter $115,000 Reconstruct Hockey Rink $95,000 requires commission review (or demolish) Paved Trail $65,000 Perimeter only La Belle Park ** Retrofit existing and add Lighting for walking trail $135,000 $135,000 LED lighting east side, LED fixtures Silver Lake Boat Landing ** Reconstruct boat landing $550,000 $0 completed, partial grant funded Reconstruct stormwater retention pond * $347,000 $0 completed, partial grant funded Prestemon Park $477,500 $477,500 rehabbed in 1999 Reconstruct basketball court $75,000 Reconstruct Parking lots $100,000 Remove Park Building $22,500 Construct Picnic Shelter $165,000 Construct Dog Park $115,000 requires commission review Lomianki Park $235,000 Replace playground equipment $85,000 $85,000 Rehabilitate Park Building / Grounds $150,000 $150,000 Refresh, not a major recon Edgemoor Park Replace playground equipment $85,000 $85,000 No Master Plan - equip only Wargo Court ** Develop Master Plan $5,000 $5,000 Complete Master Plan Park Reconstruction based on Master Plan $385,000 $385,000 Wargo Estate funds (~150k) Hart Lake $280,000 Install Trail west side of Hart Blvd $235,000 $235,000 ? State Aid, if available Replace ped lighting west side of Hart Blvd $45,000 $45,000 5 LED lights 2019 2020 2021 2022 2023 2024 2025 2026 2027 ANNUALLY: $0 $25,000 $0 $5,000 $793,000 $995,000 $1,500,000 $3,420,000 $1,892,500 $450,000 $9,080,500 Contingency $908,050 10% TOTAL $9,988,550 * Project budgeted in Storm Sewer CIP ** Park Master Plan Costs are construction estimates only and do not include soft costs such as architectural, testing, and inspection. Costs estimates are 2022 basis 46 Item 5. Item No.Unit 2 LS 4 SF 5 LS 6 LS 7 LS 8 LS Opinion of Probable Cost Hilltop Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost $6,0004" THICK STANDARD CONCRETE WALK 400 $15 REMOVE AMENITIES 1 $1,500 $1,500 SITE AMENITIES 1 $10,000 $10,000 PLAY AREA 1 $125,000 $125,000 EROSION CONTROL 2 $1,000 $2,000 SEED RESTORATION AND PLANTING 1 $5,000 $5,000 Contingency (10%)$14,950 PROJECT TOTAL $164,450 SUBTOTAL $149,500 CONSTRUCTION ESTIMATE TOTAL $149,500 47 Item 5. Item No.Unit 1 LS 2 LS 3 SF 4 LS 5 LS 6 LS 7 LS PROJECT TOTAL $850,000 CONTINGENCY (10%)$77,200 CONSTRUCTION ESTIMATE TOTAL $849,200 SEED RESTORATION AND LANDSCAPING 1 $20,000 $20,000 SUBTOTAL $772,000 RESTROOM RENOVATION / 1 $450,000 $450,000 EROSION CONTROL 1 $10,000 $10,000 6' CONCRETE WALK 13800 $15 $207,000 SITE AMENITITIES 1 $25,000 $25,000 MOBILIZATION 1 $15,000 $15,000 EARTHWORK 1 $45,000 $45,000 Opinion of Probable Cost Keyes Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost 48 Item 5. Item No.Unit 1 LS 2 EA 3 EA Opinion of Probable Cost La Belle Park Description Estimated Quantity Estimated Unit Price Estimated Total CostMOBILIZATION1$5,000 $5,000 UPGRADE LIGHTS TO LED 8 $2,500 $20,000 NEW LIGHTS 8 $9,000 $72,000 SUBTOTAL $97,000 PROJECT TOTAL $110,000 CONTINGENCY (10%)$9,700 CONSTRUCTION ESTIMATE TOTAL $106,700 49 Item 5. Item No.Unit 1 LS 2 LS 3 SY 4 SY 5 LS 6 LS 7 SF 8 SY 9 LS 10 EA 11 LS 12 LS 13 LS 14 LS PROJECT TOTAL $550,000 SUBTOTAL $497,600 CONTINGENCY (10%)$49,760 CONSTRUCTION ESTIMATE TOTAL $547,360 EROSION CONTROL 1 $5,000 $5,000 SEED RESTORATION AND LANDSCAPING 1 $20,000 $20,000 PLAY AREA 1 $150,000 $150,000 PLANTINGS 1 $10,000 $10,000 SITE FURNISHINGS 1 $25,000 $25,000 24'x24' SHELTER 1 $100,000 $100,000 4" THICK STANDARD CONCRETE 150 $15 $2,250 BITUMINOUS W/AGGREGATE BASE (RINK AND TRAIL) 2600 $30 $78,000 REMOVE PLAY AREA 1 $15,000 $15,000 EARTHWORK 1 $50,000 $50,000 REMOVE CONCRETE 120 $12 $1,440 REMOVE BITUMINOUS PAVEMENT 650 $10 $6,500 MOBILIZATION 1 $24,410 $24,410 REMOVE AND GRUB TREES/STUMPS 1 $10,000 $10,000 Opinion of Probable Cost Ostrander Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost 50 Item 5. Item No.Unit 1 LS 2 LS 3 LF 4 LS 7 SY 8 LS 9 LS 10 LS 11 LS 12 LS 13 LS 14 LS 15 LF 16 SF 17 SY 18 LS 19 LS 20 LS 21 LS 22 LS 23 LS PROJECT TOTAL $3,950,000 CONTINGENCY (10%)$358,830 CONSTRUCTION ESTIMATE TOTAL $3,947,130 SEED RESTORATION AND LANDSCAPING 1.00 $120,000 $120,000 SUBTOTAL $3,588,300 RESTROOM/ CONCESSIONS 1 $850,000 $850,000 EROSION CONTROL 1 $12,000 $12,000 SOFTBALL FIELD, IRRIGATION, FENCING 3 $300,000 $900,000 SITE FURNISHINGS 1 $50,000 $50,000 BITUMINOUS TRAIL W/AGGREGATE BASE 3850 $30 $115,500 PARKING LOT 100 SPACES 1 $345,000 $345,000 CURB AND GUTTER 1,080 $30 $32,400 4" THICK STANDARD CONCRETE WALK 4500 $15 $67,500 STORMWATER IMPROVEMENTS 1 $50,000 $50,000 EARTHWORK 1 $300,000 $300,000 WATER IMPROVEMENTS 1 $50,000 $50,000 SANITARY IMPROVEMENTS 1 $40,000 $40,000 REMOVE BALLFIELDS 4 $15,000 $60,000 ELECTRICAL IMPROVEMENTS 1 $95,000 $95,000 REMOVE BITUMINOUS PAVEMENT 8,950 $10 $89,500 REMOVE BLOCK SHED 1 $22,500 $22,500 REMOVE CURB 1,575 $12 $18,900 REMOVE/REPLACE CONTAMINATED 1 $250,000 $250,000 MOBILIZATION 1 $95,000 $95,000 REMOVE AND GRUB TREES/STUMPS 1 $25,000 $25,000 Opinion of Probable Cost Huset West Park West Description Estimated Quantity Estimated Unit Price Estimated Total Cost 51 Item 5. Item No.Unit 1 LS 2 LS 3 SY 4 LS 5 LS 6 LS 7 LS 8 LF 9 SF 10 SY 11 SY 12 SY 13 LS 14 LS 15 LS 16 LS 17 EA 18 LS 19 LS 20 LS Opinion of Probable Cost McKenna Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost EARTHWORK 1 $110,000 $110,000 $15,000 REMOVE AND GRUB TREES/STUMPS 1 $10,000 $10,000 REMOVE BITUMINOUS PAVEMENT 2,850 $10 $28,500 MOBILIZATION 1 $15,000 BITUMINOUS W/AGGREGATE BASE 2100 $30 $63,000 REMOVE PARK BUILDING 1 $20,000 $20,000 REMOVE WADING POOL/BLDG 1 $15,000 $15,000 STORMWATER IMPROVEMENTS 1 $95,000 $95,000 SOFTBALL FIELD, BACKSTOP FENCING, 1 $150,000 $150,000 CURB AND GUTTER 800 $30 $24,000 4" THICK STANDARD CONCRETE WALK 3000 $15 $45,000 BITUMINOUS W/AGGREGATE BASE (NEW 1800 $30 $54,000 IRRIGATION 1 $50,000 $50,000 BITUMINOUS TRAIL W/AGGREGATE BASE 2500 $30 $75,000 PARKING LOT 35 SPACES 1 $225,000 $225,000 SOCCER FIELD, IRRIGATION 1 $75,000 $75,000 PROJECT TOTAL $1,350,000 SUBTOTAL $1,227,500 Contingency (10%)$122,750 CONSTRUCTION ESTIMATE TOTAL $1,350,250 $35,000 $35,000 SITE FURNISHINGS 1 $30,000 $30,000 SILT FENCE 1 $8,000 $8,000 SEED RESTORATION & PLANTINGS 1 24'x24' SHELTER 1 $100,000 $100,000 52 Item 5. Item No.Unit 1 LS 2 LS 3 LF 7 SY 8 LS 9 LS 10 LS 11 LS 12 LS 13 LS 14 LS 15 LS 16 LF 17 SY 18 SF 19 SY 20 LS 21 LS 22 LS 23 LS 24 LS 25 LS 26 LF 27 LS PROJECT TOTAL $3,750,000 SUBTOTAL $3,404,400 CONTINGENCY (10%)$340,440 CONSTRUCTION ESTIMATE TOTAL $3,744,840 EROSION CONTROL 1 $12,000 $12,000 SEED RESTORATION/ LANDSCAPE 1.00 $125,000 $125,000 SHELTER 1 $150,000 $150,000 PLAY AREA 1 $150,000 $150,000 BASEBALL FIELD, IRRIGATION, FENCING, LIGHTING,DUGOUT CANOPIES 1 $500,000 $500,000 SITE FURNISHINGS 1 $50,000 $50,000 PARKING LOT (40 SPACES)1 $125,000 $125,000 SOCCER FIELD W/ IRRIGATION 1 $100,000 $100,000 4" THICK STANDARD CONCRETE WALK 10500 $15 $157,500 BITUMINOUS TRAIL W/AGGREGATE BASE 3400 $30 $102,000 CURB AND GUTTER 1,400 $30 $42,000 BITUMINOUS DRIVE 22,800 $35 $798,000 STORMWATER IMPROVEMENTS 1 $100,000 $100,000 EARTHWORK 1 $300,000 $300,000 ELECTRICAL IMPROVEMENTS 1 $75,000 $75,000 WATER IMPROVEMENTS 1 $15,000 $15,000 REMOVE BALLFIELD 1 $15,000 $15,000 REMOVE HUSET BUILDING 1 $17,500 $17,500 REMOVE/REPLACE CONTAMINATED SOILS 1 $250,000 $250,000 REMOVE BASKETBALL COURTS & VOLLEYBALL AREA 1 $20,000 $20,000 REMOVE CURB 3,200 $12 $38,400 REMOVE BITUMINOUS 14,200 $10 $142,000 MOBILIZATION 1 $95,000 $95,000 REMOVE AND GRUB TREES/STUMPS 1 $25,000 $25,000 Opinion of Probable Cost Huset Park East & Huset Parkway Description Estimated Quantity Estimated Unit Price Estimated Total Cost 53 Item 5. Estimated Quantity 1 1 1 1 1600 1 1 1 1 1 Estimated Quantity 1 1 400 835 1 1 1 1 1 1 900 3000 3100 1 1 1 1 1 1 1 1 1 Opinion of Probable Cost Park Improvements Item No.Description Unit Estimated Unit Price Estimated Total Cost 2 REMOVE AND GRUB TREES/STUMPS LS $2,500 $2,500 1 MOBILIZATION LS $10,000 $10,000 4 EARTHWORK LS $35,000 $35,000 3 REMOVE HOCKEY RINK LS $3,000 $3,000 6 SOCCER FIELD, GRADING, LANDSCAPING LS $50,000 $50,000 5 BITUMINOUS TRAILS (SOUTH) W/AGGREGATE BASE SY $30 $48,000 8 EROSION CONTROL LS $4,000 $4,000 7 AMENITIES (INCLUDING DISC GOLF)LS $15,000 $15,000 10 SITE RESTORATION LS $50,000 $50,000 9 PLANTINGS LS $10,000 $10,000 CONSTRUCTION ESTIMATE TOTAL (PARK) $250,250 SUBTOTAL $227,500 CONTINGENCY (10%)$22,750 Item No.Description Unit Estimated Unit Price Estimated Total Cost PROJECT TOTAL (PARK)$250,000 1 MOBILIZATION LS $50,000 $50,000 Stormwater Improvements 3 REMOVE CURB LF $12 $4,800 2 REMOVE AND GRUB TREES/STUMPS LS $10,000 $10,000 5 REMOVE BASKETBALL COURTS LS $2,500 $250,000 4 REMOVE BITUMINOUS PAVEMENT SY $8 $6,680 7 REMOVE BUILDING LS $25,000 $25,000 6 REMOVE AMENITIES LS $5,000 $5,000 9 STORMWATER IMPROVEMENTS (LAND PURCHASE)LS $350,000 $350,000 8 STORMWATER IMPROVEMENTS (INF BASIN / POND)LS $435,000 $435,000 11 CURB AND GUTTER LF $30 $27,000 10 EARTHWORK LS $40,000 $40,000 13 BITUMINOUS W/AGG BASE (N. TRAILS / PARKING)SY $30 $93,000 12 4" THICK STANDARD CONCRETE SF $15 $45,000 15 BASKETBALL COURT LS $70,000 $70,000 14 PARKING LOT STRIPING LS $2,000 $2,000 17 PORTABLE RESTROOM & ENCLOSURE LS $10,000 $10,000 16 AMENITIES LS $25,000 $25,000 19 PLAY AREA LS $125,000 $125,000 18 24'x24' SHELTER EA $100,000 $100,000 LS $35,000 $35,000 20 EROSION CONTROL LS $3,500 $3,500 PROJECT TOTAL $1,675,000 Gauvitte Park CONSTRUCTION ESTIMATE TOTAL (STORMWATER) $1,932,678 SUBTOTAL $1,756,980 CONTINGENCY (10%)$175,698 22 SITE RESTORATION LS $45,000 $45,000 21 PLANTINGS 54 Item 5. Item No.Unit 1 LS 2 LS 3 SF 4 LS 5 LS 6 LS 7 LS 8 LS 9 SF 10 SY 11 LS 12 LS 13 LS 14 LS 15 EA 16 LS 17 LS 18 LS PROJECT TOTAL $475,000 SUBTOTAL $431,750 CONTINGENCY (10%)$43,175 CONSTRUCTION ESTIMATE TOTAL $474,925 EROSION CONTROL 1 $2,500 $2,500 SEED RESTORATION AND EROSION CONTROL 1 $17,500 $17,500 24'x24' SHELTER 1 $100,000 $100,000 PLAY AREA 1 $125,000 $125,000 PORTABLE RESTROOM ENCLOSURE 1 $10,000 $10,000 SHED 1 $10,000 $10,000 PARKING LOT (6-8 STALLS)1 $25,000 $25,000 SITE AMENITIES 1 $15,000 $15,000 4" THICK STANDARD CONCRETE 150 $15 $2,250 BITUMINOUS TRAIL W/AGGREGATE BASE 800 $30 $24,000 WATER IMPROVEMENTS 1 $10,000 $10,000 EARTHWORK 1 $30,000 $30,000 REMOVE AMENITIES 1 $12,500 $12,500 ELECTRICAL IMPROVEMENTS 1 $5,000 $5,000 REMOVE CONCRETE 250 $12 $3,000 REMOVE BUILDING 1 $15,000 $15,000 MOBILIZATION 1 $20,000 $20,000 REMOVE AND GRUB TREES/STUMPS 1 $5,000 $5,000 Opinion of Probable Cost Lomianki Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost 55 Item 5. PROJECT TOTAL $575,000 SUBTOTAL $520,250 CONTINGENCY (10%)$52,025 CONSTRUCTION ESTIMATE TOTAL $572,275 $15,000 C BITUMINOUS W/AGGREGATE BASE SY 450 $35 $4,500 3 Remove wading pool and pool bldg LS 1 $12,500 $12,500 6 Trail Lighting EA 6 $7500 $45,000 LS 1 $22,500 $22,500 8 PLANTINGS LS 1 $15,000 $25,000 PROJECT TOTAL $800,000 D SITE AMENITIES (Skate Park)LS 1 $25,000 B SKATE PARK LS 1 $475,000 $475,000 SKATE PARK (Grant Funded) $15,750 1 $550000 $550,000 5 BITUMINOUS TRAIL SY 1,525 $35 4 EARTHWORK 7 Splash Pad (2,500 SF), w/ control building, Fencing EA 2 REMOVE AND GRUB TREES/STUMPS LS 1 $4,500 $4,500 A REMOVE BITUMINOUS PAVEMENT SY 450 $10 SUBTOTAL $727,875 CONTINGENCY (10%)$72,788 CONSTRUCTION ESTIMATE TOTAL $800,663 9 SITE RESTORATION / EROSION CONTROL LS 1 $10,000 $10,000 $53,375 Opinion of Probable Cost 1 MOBILIZATION LS 1 $15,000 $15,000 Item No.Description Unit Estimated Estimated Unit Estimated Total Ramsdell Park 56 Item 5. PROJECT TOTAL $825,000 Prestemon Park SUBTOTAL $750,000 CONTINGENCY (10%)$75,000 CONSTRUCTION ESTIMATE TOTAL $825,000 17 SITE RESTORATION LS 1 $50,000 $50,000 16 PLANTINGS LS 1 $10,000 $10,000 15 EROSION CONTROL LS 1 $10,000 $10,000 14 24'x24' SHELTER EA 1 $125,000 $125,000 13 SITE AMENITIES LS 1 $10,000 $10,000 12 PLAY AREA LS 1 $150,000 $150,000 11 DOG PARK (0.8 - 1 ACRE)LS 1 $75,000 $75,000 10 COLOR COATING BASKETBALL COURT LS 1 $8,500 $8,500 9 PARKING LOT STRIPING LS 1 $5,000 $5,000 8 BITUMINOUS TRAIL SY 2,700 $35 $94,500 7 BITUMINOUS W/AGGREGATE BASE SY 2,000 $35 $70,000 6 EARTHWORK LS 1 $20,000 $20,000 5 REMOVE PLAY AREA LS 1 $15,000 $15,000 4 REMOVE BUILDING LS 1 $15,000 $15,000 3 REMOVE BITUMINOUS PAVEMENT SY 4,700 $10 $47,000 2 REMOVE AND GRUB TREES/STUMPS LS 1 $20,000 $20,000 Opinion of Probable Cost 1 MOBILIZATION LS 1 $25,000 $25,000 Item No.Description Unit Estimated Estimated Unit Estimated Total 57 Item 5. Item No.Unit 1 LS 2 LS 3 SY 4 LS 5 LS 6 LS 7 SF 8 LS 9 LS 10 LS 11 LS 12 LS SUBTOTAL $380,680 PROJECT TOTAL $425,000 CONTINGENCY (10%)$40,000 CONSTRUCTION ESTIMATE TOTAL $420,680 SILT FENCE 1 $5,000 $5,000 SEED RESTORATION AND PLANTING 1 $50,000 $50,000 SITE AMENITIES 1 $25,000 $25,000 GATEWAY MONUMENT 1 $50,000 $50,000 EARTHWORK 1 $15,000 $15,000 4" THICK STANDARD CONCRETE 2000 $15 $30,000 REMOVE AMENITIES 1 $6,000.00 $6,000 WATER FEATURE 1 $125,000 $125,000 1 $5,000 $5,000 REMOVE CONCRETE 390 $12 $4,680 SITE LANDSCAPING 1 $50,000$50,000 Opinion of Probable Cost Wargo Court Park Description Estimated Quantity Estimated Unit Price Estimated Total CostMOBILIZATION1$15,000 $15,000 REMOVE AND GRUB TREES/STUMPS 58 Item 5. Item No.Unit 1 LS 2 SF 3 LS 4 LS 5 LS 6 LS Opinion of Probable Cost Edgemoor Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost $6,0004" THICK STANDARD CONCRETE WALK 400 $15 REMOVE AMENITIES 1 $1,500 $1,500 SITE AMENITIES 1 $10,000 $10,000 PLAY AREA 1 $125,000 $125,000 EROSION CONTROL 2 $1,000 $2,000 SEED RESTORATION AND PLANTING 1 $5,000 $5,000 Contingency (10%)$14,950 PROJECT TOTAL $164,450 SUBTOTAL $149,500 CONSTRUCTION ESTIMATE TOTAL $149,500 59 Item 5. Item No.Unit 1 LS 2 LS 3 SF 4 LS 5 LS 6 LS 7 LS 8 SF 9 SY 10 EA 11 LS 12 LS 13 LSSEED RESTORATION AND EROSION CONTROL BLANKET 1 $10,000 $10,000 PROJECT TOTAL $600,000 SUBTOTAL $544,150 CONTINGENCY (10%)$54,415 CONSTRUCTION ESTIMATE TOTAL $598,565 INCLUSIVE PLAY AREA 1 $145,000 $145,000 PLANTINGS 1 $5,000 $5,000 BITUMINOUS TRAIL W/AGGREGATE BASE 1100 $30 $33,000 TENNIS COURTS, FENCING, NETS, SURFACING 2 $125,000 $250,000 EARTHWORK / SOIL CORRECTIONS 1 $45,000 $45,000 4" THICK STANDARD CONCRETE 250 $15 $3,750 REMOVE AMENITIES 1 $5,000 $5,000 ELECTRICAL IMPROVEMENTS 1 $5,000 $5,000 REMOVE CONCRETE 200 $12 $2,400 REMOVE TENNIS COURT 1 $15,000 $15,000 MOBILIZATION 1 $20,000 $20,000 REMOVE AND GRUB TREES/STUMPS 1 $5,000 $5,000 Opinion of Probable Cost Sullivan Lake Park Description Estimated Quantity Estimated Unit Price Estimated Total Cost 60 Item 5. ITEM: Centerpointe Franchise Agreement DEPARTMENT: Administration BY/DATE: Kevin Hansen / June 1, 2023 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _ Sustainable BACKGROUND: City staff and representatives from CenterPoint Energy have been discussing and reviewing updating our existing gas franchise agreement. The current gas franchise agreement with CenterPoint Energy expires in 2023. The renewal of a new franchise agreement grants CenterPoint Energy the authority to import, distribute and sell gas for public and private use within the City’s borders. The franchise agreement has been reviewed by the City Attorney and City staff and is recommended for approval. Approval of the proposed franchise agreement is in ordinance format and requires two readings at regular City Council meetings, becoming effective 30 days after the second reading. SUMMARY OF CURRENT STATUS: The City of Columbia Heights gas franchise agreement with CenterPoint Energy expires this year. Public Works has developed a new franchise agreement for the City Council’s review. The new ordinance is based on a model ordinance created by the League of Minnesota Cities (LMC). The model ordinance was developed to assist local governments in creating a uniform agreement for natural gas service. I would highlight the following specifics of the ordinance before the council:  Provides additional definitions of terms and entities used in the agreement.  Provides for a twenty (20) year agreement.  This agreement is consistent with the permit and restoration standards that the gas company must follow in the City’s existing Right-of-Way Ordinance and Minnesota Rule 7819.  Provides for proper notice of proposed public improvements by the City to CenterPoint.  An indemnity clause has also been included to protect the City from potential problems that may arise due to construction, maintenance, operation, repair, inspection or removal of gas service lines within the City of Columbia Heights.  The proposed ordinance preserves the right of the City to implement a franchise fee that can be enacted over the life of the contract. The proposed ordinance does not enact the franchise fee at this time. The City Attorney and City staff have also reviewed the proposed ordinance and those comments are CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE JUNE 5, 2023 61 Item 6. City of Columbia Heights - Council Letter Page 2 incorporated into this document. STAFF RECOMMENDATION: Review / discussion of Centerpoint Franchise Agreement - Renewal ATTACHMENT(S): CenterPoint Energy Franchise Agreement 62 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 1 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. ______ CITY OF ______________, ______________ COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP. d/b/a CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF ______________, ______________ COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF ______________, ______________ COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of ______________, County of ______________, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. 63 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 2 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota, 55402. Notice to the City shall be mailed to ________________________________________________________. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE 2.1 Grant of Franchise. City hereby grants Company, for a period of _____ (________) years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance in writing by Company. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 64 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 3 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location to be mutually agreed by the City and the Company. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property or the elements. Per Minnesota Statute § 216D.05, the City must take protective measures when it performs work near the Gas Facilities. 65 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 4 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities Company deems necessary. 3.6 Mapping Information. If requested by City, Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. 3.7. Emergency Response. As emergency first responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS 4.1. Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2 Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Grounds. Nothing in this Section 4.2 shall be construed so as to invalidate or impair any existing company easements in Public Grounds. If Company is required to relocate from an existing easement, City shall provide an equivalent easement for the relocated facilities. 4.3. Projects with Federal Funding. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes §§ 161.45 and 161.46. SECTION 5. INDEMNIFICATION 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 66 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 5 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat fee basis, or by some other method that is mutually acceptable to both City and Company for each retail customer account within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a 67 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 6 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed- upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. Company agrees to make available for inspection by City at reasonable times all records necessary to audit Company’s determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one (1) year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES The Company shall comply with Minnesota Rules, Part 7819.3300, as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City’s request and comply with the location requirements of Minnesota Statutes § 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE 10.1. Severability. Every section, provision or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between City and Company as the only parties. No provisions herein shall in any way inure to the 68 Item 6. Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 | P a g e 7 o f 7 | I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - benefit of any third person (including the public at large) so as to constitute any such person as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within ninety (90) days after the effective date of the amendatory ordinance. Passed and approved: ______________, 20___ _________________________________________ Mayor of the City of ______________, Minnesota Attest: City Clerk, ______________, Minnesota 69 Item 6. ITEM: Council Salary Adjustment DEPARTMENT: Administration BY/DATE: Kevin Hansen / June 1, 2023 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services X Sustainable BACKGROUND: At the last two Council Work Session meetings, the Council discussed Mayor and Council member salaries and the process for adjusting their salaries. Chapter 2 of the City Charter, Section 13 states: “The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until after the next succeeding municipal election.” The current mayor and council annual salaries are $13,800 and $7,800, respectively. Ordinance 1545 changed the mayor’s salary, but left council member’s salary’s unchanged in 2008. A basis for consideration would be to apply COLA’s provided to City staff in 2023 (2.5%) and 2024 (3.25%) would result in new salaries of $14,605 and $8,255 for the mayor and council. This salary is right at the average of Metro mayor’s salaries ($14,609) presented at the April work session, but below the average council member salary of $10,767. STAFF RECOMMENDATION: Establish the Mayor’s annual salary of $___________ and the Council salary of $________. Staff will prepare the ordinance for first reading at the June 12 regular meeting. CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE JUNE 5, 2023 70 Item 7. ITEM: Narcan DEPARTMENT: Administration BY/DATE: Kevin Hansen / June 1, 2023 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _ Sustainable BACKGROUND: Both Council members Spriggs and Buesgens recently had questions regarding the use of Narcan at the Library and possibly other City facilities. I reviewed how the City currently utilizes and deploys Narcan with The Fire Chief, Police Chief and Assistant Fire Chief providing the following comments -  The Fire Department response is typically 3-4 minutes to get to a call anywhere in the City.  Narcotics are respiratory system depressants, slowing or stopping a person’s breathing.  Every fire apparatus is stocked with Narcan, and respiratory support equipment; oxygen, airways, bag-valve masks, etc.  Based on their training - respiratory support is always their first priority and, if an overdose is suspected, Narcan is administered in incremental doses (not all at once) to rouse the patient to the point where they can breathe on their own.  Charlie indicated the reasoning behind incremental dosing is to allow additional staff to respond because 80- 90% of the individuals dosed with Narcan, wake up angry or violent. Having additional trained staff there is often necessary for the safety of responders and the patient.  Patients receiving respiratory support are highly unlikely to die of the overdose, even if Narcan is not administered or delayed.  Narcan has an expense and, like all medications, expires. Additionally, there is the expense of the staff-time for the ordering, deploying, monitoring, and maintenance of the medication. The Police do not carry Narcan in their vehicles. This is largely due to the response and administering that the Fire Department does. (Note - 2023 legislative change pertaining to Police) Due to several factors, including quick response of trained personnel who carry the medication and the logistics and expense of the medication, I do not recommend keeping a supply of Narcan at the Library or other City Facilities. CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE JUNE 5, 2023 71 Item 8.