AGENDA
CHAMPLIN CITY COUNCIL
MONDAY, APRIL 13, 2015
CITY COUNCIL CHAMBERS
7:00 P.M.
THIS CITY COUNCIL MEETING WILL BE CABLECAST LIVE ON CABLE CHANNEL 16
IF DUE TO A DISABILITY YOU NEED AUXILIARY AIDS OR SERVICES DURING A CITY COUNCIL MEETING, PLEASE
PROVIDE THE CITY WITH 24 HOURS NOTICE BY CALLING 421-8100 OR FAX 421-5256
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INTRODUCTIONS/ROLL CALL
AGENDA
MINUTES:
MARCH 23, 2015
BILLS:
APRIL 13, 2015
REGULAR SESSION
ANNOUNCEMENTS:
IF YOU ARE HERE TO ADDRESS THE CITY COUNCIL UNDER OPEN FORUM, PLEASE COMPLETE A PUBLIC
COMMENT FORM LOCATED ON THE TABLE NEAR THE ENTRANCE AND GIVE IT TO THE CITY CLERK AT
THIS TIME
SPECIAL ECONOMIC DEVELOPMENT AUTHORITY CLOSED SESSION – THURSDAY, APRIL 16TH AT 6:00 P.M.
IN THE COUNCIL CONFERENCE ROOM
CITY COUNCIL WORKSESSION – THURSDAY, APRIL 16TH, IMMEDIATELY FOLLOWING EDA CLOSED
SESSION, IN THE COUNCIL CONFERENCE ROOM
ENVIRONMENTAL RESOURCES COMMISSION EARTH DAY CLEAN-UP EVENT – TUESDAY, APRIL 21ST FROM
4:30 TO 6:30 P.M. AT ANDREWS PARK - CONTACT THE CITY CLERK AT 763-923-7111 TO REGISTER
YOURSELF OR YOUR COMMUNITY GROUP
COUNCIL WORKSESSION – MONDAY, APRIL 27TH AT 5:45 P.M. IN THE COUNCIL CONFERENCE ROOM
CITY COUNCIL MEETING – MONDAY, APRIL 27TH AT 7:00 P.M. IN THE COUNCIL CHAMBERS
OPEN BOOK MEETING - REGARDING ASSESSMENT AND CLASSIFICATION OF PROPERTY– TUESDAY, APRIL
28TH FROM 5:00 to 6:30 P.M. IN THE COUNCIL CHAMBERS
SPECIAL PRESENTATIONS
1.
2.
COUNCIL COMMITTEE QUARTERLY REPORTS
OVERVIEW OF WORKSESSION DISCUSSION
CONSENT AGENDA
The Consent Agenda contains action items considered routine or non-controversial in nature, that need little or no additional
deliberation based on the level of review, analysis or discussion that has been previously conducted by the City Council
3.
4.
RESCHEDULE MAY 25TH COUNCIL MEETING TO MAY 26TH DUE TO MEMORIAL DAY HOLIDAY
TOBACCO LICENSE FOR CENTRAL MINNESOTA VAPOR
CITY COUNCIL AGENDA
APRIL 13, 2015
PAGE 2
CONSENT AGENDA (CONTINUED)
5.
6.
7.
8.
9.
ICE CREAM VENDOR LICENSE
RESOLUTION NO. 2015-31 AMENDING JOINT POWERS AGREEMENT FOR THE CREATION OF THE WEST
MISSISSIPPI WATERSHED MANAGEMENT COMMISSION AND RATIFYING THE ACTS THEREOF
ACCEPTANCE OF TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES CONTRACT
APPROVE WATER SYSTEM MAINTENANCE POLICY
RESOLUTION NO. 2015-32 AUTHORIZING AMENDMENTS TO THE HEALTH CARE FACILITIES REVENUE
SERIES 2011B FOR THE BENEFIT OF OXBOW LAKE CARE CENTER, LLC AND ST. THERESE FOUNDATION,
INC.
OPEN FORUM
Open Forum is an opportunity to discuss items that are not already on the agenda. Presentations are limited to five (5) minutes unless
specifically extended by the Mayor.
NEW BUSINESS
10.
11.
RESOLUTION NO. 2015-33 ACCEPTING THE FEASIBILITY STUDY AND ORDERING A PUBLIC HEARING FOR
2015 MILL AND OVERLAY PROJECT (IMPROVEMENT PROJECT NO. 21505)
APPROVE SUPPLEMENTARY AGREEMENT #1 AND #2 FOR ELM CREEK DAM (IMPROVEMENT PROJECT NO.
21008)
ADJOURNMENT
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
SPECIAL PRESENTATIONS
ADMINISTRATION
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
1
COUNCIL COMMITTEE QUARTERLY REPORTS
BRET HEITKAMP
BACKGROUND
In January each year, the City Council makes appointments to various Boards/Committees for that particular year. The
following appointments were made for 2015:
Anoka-Champlin
Fire Board
Kara Terry and Bret Heitkamp, Representatives
Dave Kolb and Ty Schmidt, Alternates
QCTV Board
Eric Johnson and Bret Heitkamp, Representatives
District Advisory
Ryan Karasek, Representative
Council on
Charlie Lehn, Alternate
Community Education
Representatives will be asked to give an oral report at tonight’s Council meeting on the activities of the
Board/Committee that took place in the first quarter of 2015.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
SPECIAL PRESENTATIONS
ADMINISTRATION
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
2
OVERVIEW OF WORKSESSION DISCUSSION
BRET HEITKAMP
I will give a brief oral report for the benefit of the residents watching on QCTV regarding the discussions that took
place at tonight’s Work session regarding The Reserve at Elm Creek development and the Water System Maintenance
Policy.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
CONSENT AGENDA
ADMINISTRATION
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
3
RESCHEDULE MAY 25TH COUNCIL MEETING TO MAY 26TH
DUE TO MEMORIAL DAY HOLIDAY
BRET HEITKAMP
RECOMMENDATIONS
It is recommended that the City Council reschedule the May 25th Council meeting to Tuesday, May 26th due to the
Memorial Day Holiday.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
CONSENT
GOVERNMENT SERVICES
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
4
TOBACCO LICENSE FOR CENTRAL
MINNESOTA VAPOR
ROBERTA COLOTTI,
CMC, CITY CLERK
BACKGROUND
Corey Halfhill is requesting a tobacco license to take over ownership of Baker White, Inc.
(DBA Go E-Cigz) located at 12484 Champlin Drive, Champlin. The name of their new
business will be Central Minnesota Vapor.
ALTERNATIVES/ IMPACTS (UPSIDE/DOWNSIDE)
There have been no complaints from adjacent property owners in the past. There is no rationale
for denying the license unless there is strong opposition from the adjacent property owners.
RECOMMENDATIONS
Staff recommends approval of the request for a tobacco license for Central Minnesota Vapor to
operate at 12484 Champlin Drive, Champlin.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
CONSENT
GOVERNMENT SERVICES
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
5
ICE CREAM VENDOR LICENSE
ROBERTA COLOTTI,
CMC, CITY CLERK
BACKGROUND
The current ordinance allows ice cream vending trucks to operate in the City with a license approved by the City
Council. Winta Ice Cream is applying for a 2015/2016 Ice Cream Vendor License.
REVIEW OF ISSUES
Winta Ice Cream held an Ice Cream Vendor License last summer. There were no issues reported related to their
license. They are applying for a new license for the period April 13, 2015 to March 31, 2016.
ALTERNATIVES/ IMPACTS (UPSIDE/DOWNSIDE)
The current ordinance allows the operation of vending trucks in the City.
RECOMMENDATIONS
It is recommended that the license for an ice cream vending truck, for the period April 13, 2015 to March 31,
2016, be approved for Winta Ice Cream subject to the following conditions:
1. Safety arm must be used at all times.
2. No vending operations are permitted within 500 feet of any public parks where concessions are sold or
within 100 feet of any state or county road.
The vendor will be required to wear an identification tag and display the license in the vehicle.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
CONSENT AGENDA
ENGINEERING
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
6
RESOLUTION AMENDING JOINT POWERS AGREEMENT FOR
THE CREATION OF THE WEST MISSISSIPPI WATERSHED
MANAGEMENT COMMISSION AND RATIFYING THE ACTS
THEREOF
TODD TUOMINEN
BACKGROUND
The Joint Powers Agreements (JPAs) of the Shingle Creek and West Mississippi Watershed Management
Commissions* expired on January 1, 2015. The Commissions’ Attorney, Charlie LeFevere, has drafted resolutions
renewing the JPAs for ten years, and ratifying any actions the Commissions take between the expiration of the current
JPA and the date the renewed JPA takes effect.
Attached is a letter from the Commissions’ Chair, Tina Carstens, requesting Champlin’s adoption of the proposed
resolution. Also attached is the proposed Resolution Amending the Joint Powers Agreement for the Creation of the
West Mississippi Watershed Management Commission and Ratifying the Acts Thereof for your review and
consideration.
Attached is an amended Joint Powers Agreement for the West Mississippi Watershed Management Commission. No
revisions have been made to the JPA other than to extend the term (in Article X, subdivisions 1 and 2) and delete the
names of the Chairs in office at the time of the original JPA from Article XII. Also attached is a short summary of the
Commissions’ current activities and the highlights of the past ten years.
*For reference, the cities of Brooklyn Center, Brooklyn Park, Maple Grove and Osseo are members of both
Commissions. The City of Champlin is a member of the West Mississippi Commission only. The cities of Crystal,
Minneapolis, New Hope, Plymouth and Robbinsdale are members of the Shingle Creek Commission only.
RECOMMENDATIONS
Staff recommends that the City Council adopt the attached resolution and direct staff to obtain the necessary signatures
and forward a certified copy of the resolution and an executed copy of the amended Joint Powers Agreement to the
Watershed Administrator Judie Anderson.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
CONSENT
POLICE DEPARTMENT
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
CHIEF KOLB
7
ACCEPTANCE OF TOWING, IMPOUNDING, AND STORAGE OF
MOTOR VEHICLES CONTRACT
BACKGROUND
The Champlin Police Department tows and impounds motor vehicles on a regular basis. The department has had
a contract with Champlin Towing Inc. for this service since at least 2004. The department has been happy with
the service provided and the contract has been renewed numerous times. The most recent renewal ran through
July 2014 and service has continued since that time under the same terms.
REVIEW OF ISSUES
Since the most recent renewal is expired, we requested another renewal from Champlin Towing. They
submitted another renewal with only one change of terms. That change allows for one automatic three year
renewal period when the initial period ends on July 31, 2017. There are no other changes, including fees. The
agreement can be terminated by either party with a 90 day notice. The City Attorney has reviewed the proposed
renewal and approves of acceptance.
ALTERNATIVES AND CONSEQUENCES
Operating without a contract does not provide the City with the performance bond or indemnification protections
in the contract. Champlin Towing has not raised their fees since they responded to the City’s request for bid
proposal on June 2, 2009.
RECOMMENDATIONS
Staff recommends that the Council approve the attached contract with Champlin Towing Inc.
TOWING AGREEMENT
THIS AGREEMENT entered into this _____ day of _______________, 2015 by and between the City of Champlin, a
municipal corporation, hereinafter referred to as “City”, and Champlin Towing, Incorporated, hereinafter referred to as “Champlin
Towing”.
WHEREAS, on June, 2 2009, the City requested bid proposals for the purpose of retaining a service to provide towing,
impounding and storage of motor vehicles for the City 24 hours per day, 365 days per year, and on an as needed and directed basis; and
WHEREAS, pursuant to the criteria set forth in the City’s request for bid proposal dated June 2, 2009, (the RFP) the City
determined Champlin Towing would best serve the City’s needs, and awarded the contract for such services to Champlin Towing
pursuant to a contract entered into between Champlin Towing and the City on July 29, 2009; and
WHEREAS, the City and Champlin Towing mutually agreed to extend the towing contract for an additional 36 months, and
executed an extension of the July 29, 2009 contract on August 8, 2012, which incorporated all of the terms and conditions therein; and
WHEREAS, the August 8, 2012 contract has, or will soon expire, the parties hereto desire to continue the relationship
established by that contact for another period of 36 months, with an automatic renewal period of an additional 36 months.
NOW, THERFORE, IT IS HEREBY MUTUALLY AGREED, in consideration of each party’s promises, and considerations
herein set forth, as follows:
1.
agreement:
INCORPORATION. The parties hereby agree that the following are incorporated into and made part of this
a.
Recitals set forth above;
b.
City’s request for bid proposal for towing, impounding and storage of motor vehicles dated June 2, 2009 and any
addenda thereto dated June 2, 2009 (“City’s Request”), a copy of which is attached hereto as Exhibit A; and
c.
Champlin Towing response to the City’s RFP dated July 3, 2009 and attachments, a copy of which is attached hereto
as Exhibit B.
d.
The extension of the towing agreement dated August 8, 2012 and attachments, a copy of which is attached hereto as
Exhibit C.
2.
INITIAL TERM AND AUTOMATIC RENEWAL. This Contract for service shall commence on August 1, 2014
and terminate on July 31, 2017 (“Initial Term”) unless terminated sooner pursuant to the termination provision of paragraph 9,
or extended as herein provided.
The term of this Contract shall automatically renew for one (1) additional period ("Additional Period") commencing on
August 1, 2017 and terminate on July 31, 2020, upon all of the other terms, conditions, covenants and provisions set forth
herein unless either party elects not to renew. If either party elects to not renew this Contract for the Additional Term, it shall
provide notice of termination pursuant to the provision of paragraph 9 not less than ninety (90) days prior to the last day of the
Initial Term. The renewal of this Contract is subject to the satisfaction of the following conditions precedent:
(a)
This Contract shall be in effect at the time of renewal and on the last day of the then current term.
(b)
Champlin Towing shall not be in default of any provisions of this Contract at the time of renewal or on the last day of
the then Initial Term.
There shall be no need to execute any new Contract or other instruments or agreements, it being understood that the provisions
of this Contract shall govern the obligations of the parties hereto during the Additional Term. Hereinafter, all reference to the
term of this Contract shall be deemed to be a reference as well to such Additional Period of time for which the Initial Term
shall be so extended.
3.
SERVICES. Champlin Towing shall provide towing, impounding and storage for motor vehicle service as
specified in the City’s RFP and set forth in Champlin Towing’s response to the City’s RFP dated July 3, 2009. Request for services
from the
Champlin Police Department must be given first priority by all towing dispatchers
serving as agents for
Champlin Towing.
4.
COMPENSATION. Champlin Towing shall be entitled to a charge for its
towing and storage services
pursuant to the fees submitted in its response to the City’s
RFP on July 3, 2009. Champlin Towing agrees that neither the City nor
any Department thereof is responsible for any charges as a result of towing and/or storage and that
Champlin Towing assumes
all responsibility for any and all unpaid charges.
5.
INDEPENDENT CONTRACTOR. The parties to this Agreement agree that Champlin Towing, and any of its
designated representatives or employees, is an independent contractor. Champlin Towing, and any of its designated
representatives or employees, are not employees of the City and are not entitled to the benefits provided by the City to its
employees, including but not limited to health, worker’s compensation and unemployment insurance, and pension or
employee benefit plans. Champlin Towing has and retains full control and supervision of the services and full control over the
performance of the services required under this agreement.
6.
PERFORMANCE BOND. Prior to executing this agreement, Champlin Towing shall file with the City a
performance bond in the amount of $5,000 payable to the City of Champlin, as set forth in the City’s RFP.
7.
INDEMNIFICATION. Champlin Towing is solely responsible for loss or damage to any vehicle, including all
equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to
Champlin Towing or its agents, until such time as the vehicle is legally released to the registered or actual owner or legal
agent thereof, or to an authorized police agency. Champlin Towing agrees to indemnify the City and hold it harmless from
and against any and all claims, suits and actions against, and all loss, damage, costs or expense to the City, including attorneys
fees and cost of defense that may be caused directly or indirectly by Champlin Towing, it’s agents and/or employees related in
any manner to the performance of this Agreement.
Champlin Towing shall further indemnify the City against all liability and loss in connection with, and shall assume full
responsibility for, payment of all federal, state and local taxes or contributions imposed or required under employment
insurance, social security and income tax laws, with respect to Champlin Towing employees engaged in performance of this
Agreement.
8.
INSURANCE. During the term of this Agreement, Champlin Towing shall procure and maintain at is own expense
insurance in the following minimum amounts, as furthered in the City’s RFP. Champlin Towing shall provide the City with
proof of said insurance prior to executing this Agreement and during each year of this Agreement. The City of Champlin shall
be named as an additional insured on said comprehensive general liability policy.
a.
Public Liability Insurance: $1,000,000 Comprehensive General Liability
(including assault and battery).
b.
Business Auto Policy with all coverage’s (all vehicles) with $1,000,000 limits.
c.
Garage Keepers Legal Liability.
d.
Workers compensation Insurance covering all employees of the Contractor, or its
working under this contract in accordance with Minnesota Workers’
Compensation Law.
agents,
9.
TERMINATION. Either party may terminate this Agreement with or without cause upon ninety (90) days written
notice.
10.
SEPARABILITY. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any
other application thereof shall not in any way be affected or impaired thereby.
11.
NOTIFICATION INFORMATION. Any notice to the parties herein shall be deemed to have been given or
delivered on the date sent, if sent by certified mail addressed as follows, or to such other address as a party may subsequently
request by certified mail:
To City:
City of Champlin
c/o City Administrator
11955 Champlin Drive
Champlin, MN 55316
With a copy to:
Scott Lepak, Esq.
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
To Champlin Towing, Inc.:
Champlin Towing
c/o Bob Bouten
14300 Sunfish Lake Blvd.
Ramsey, MN 55303
12.
THIRD PARTY BENEFICIARY. This Agreement is created for the sole benefit of the parties hereto and shall not
create any third party beneficiary rights.
13.
ASSIGNMENT. This Agreement may not be assigned without the prior written consent of the parties.
14.
ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties, and no
statements, promises, or inducements made by either party that are not contained herein shall be valid or binding; this
Agreement may not be enlarged, modified, or altered except in writing signed by the parties and endorsed in this Agreement.
15.
JURISDICTION. Any and all suits for any and every breach of this Agreement must be instituted and maintained
in a court of competent jurisdiction in the County of Hennepin, State of Minnesota.
15.
GOVERNING LAW. The laws of the State of Minnesota in all respects shall govern this Agreement.
16.
BINDING AGREEMENT. This Agreement shall be binding upon and extend to the respective representatives,
heirs, successors and assigns of the parties hereto.
649601-v1
(Internationally Left Blank)
CITY OF CHAMPLIN
By:
Mayor, ArMand Nelson
By:
City Administrator, Bret Heitkamp
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
Mayor, ArMand Nelson, and City Administrator, Bret Heitkamp respectively of the CITY OF CHAMPLIN, acknowledged
this instrument before me on ______________, 2015.
____________________
Notary Public
CHAMPLIN TOWING, INC.
By:
Owner/CEO
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
This instrument was acknowledged before me on __________, 2015 by
_______________________.
____________________
Notary Public
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
CONSENT
ENGINEERING
April 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
8
APPROVE WATER SYSTEM MAINTENANCE POLICY
TIM HANSON, P. E.
CITY ENGINEER
BACKGROUND
Four fairly recent events regarding stand pipes and curb stops have brought to the forefront the need to
clarify the City’s policy on water system repairs, specifically curb stop and stand pipe repairs. The four
events were:
•
•
•
•
GPS Locating of Curb Stops
Foreclosed Houses
Frozen Water Services
Water Service Breaks
The GPS locating of curb stops identified several curb stops that are un-operable, buried under
landscaping, or buried in driveways. Locating, raising and fixing of the stand pipe is required to obtain
access to the curb stop.
The significant number of foreclosed properties necessitated the shutting off of water at the property
line. To complete the water shut-off, the stand pipe had to be located and the curb stop operated.
Last winter’s deep freeze highlighted the importance of finding stand pipes as they were utilized to make
the connection when thawing a frozen service.
Recently, a few curb stops have broken, requiring excavation and repairs of both the water system and
surface restoration.
The Water System Consists of these Parts:
Lateral Water Main
Water pipe located in the street adjacent to the property that supplies water to several properties and fire
hydrants.
Corporation Stop
A threaded valve utilized to tap the lateral water main for a service extension to a property.
Curb Stop
Valve located at the property line with access from the ground to the valve. Curb stop is utilized to shut
water off below ground and prior to the house.
Service Pipe
Copper tubing utilized between the corporation stop and curb stop to convey water to a single property.
Stand Pipe
Riser pipe attached to the curb stop which provides access to the curb stop valve.
The City Ordinance States:
•
Sec. 58-54. - Repair of leaks.
•
It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb
stop box into the house or building. In case of failure upon the part of any consumer or owner to repair
any leak occurring in his service pipe within 24 hours after verbal or written notice thereof, the water
may be turned off by the city and shall not be turned on until the leak has been repaired and the
appropriate fee as set forth in chapter 22 has been paid to the city.
REVIEW OF ISSUES
The current policy could be clarified as to the location of City and owner responsibility. The policy
suggests the City is responsible for the water service from the lateral (or main) to and including the curb
stop valve, but is subject to interpretation.
Recently there have been three water service leaks within the curb stop valve. Typically, water service
leaks occur at the connection point between the copper service pipe and the brass curb stop or
sometimes at the connection with the corporation stop.
The location of the leak can usually be determined by closing the curb stop valve. If the leak stops, the
failure in the pipe is on the house side of the curb stop. The repair would be on the property owner’s
system and it is deemed the property owner’s responsibility. If the leak continues after the curb stop is
closed, the leak is between the lateral water main and the curb stop and it is the City’s responsibility to
complete the repairs.
Typical Water Service Leak Response Process
•
•
•
•
•
•
Survey leak.
Locate curb stop.
Close curb stop which typically determines responsibility.
If the City is responsible for the repair, provide the owner with information about the City’s next steps
and what they can expect.
If the owner is responsible, provide assistance and education about the typical repair process and what
is required from them.
Inform the homeowner that if upon excavation it is determined that the City is responsible, the City will
reimburse the owner for the excavation and complete the restoration process.
Recent Curb Stop Leaks
The recent curb stop leaks have occurred within the body of the curb stop where the curb stop failed, but
not at the connection point. When these curb stops were turned off, the water stopped, indicating the
repair is the homeowner’s responsibility. However, the leak was within the curb stop itself, so the City
was ultimately responsible as the body of the curb stop was leaking. These leaks occurred in areas of
clay soils. The cause of the failures is not known, as it could be due to any one of these reasons:
•
•
•
The curb stop material failed.
The piping adjacent to the curb stop was not properly compacted; settlements occurred causing the
curb stop to fail
Frost action on the cap of the stand pipe pulled on the curb stop causing failure.
The curb stop failures have called into question a clarification of the City’s ordinance and restoration
policy because repairs are costly and they also require surface restoration, which often involves
driveway repairs.
RECOMMENDATIONS
Recommended Policy
It is recommended that the City’s responsibility for water service repairs include the language:
“The City shall be responsible for the curb stop, including inflow connection valve and outflow threads,
but not the connection to the curb stop, on the owner side of the curb stop.”
The revised policy statement would read:
•
It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb
stop box into the house or building. The City shall be responsible for the curb stop, including inflow
connection valve and outflow threads, but not the connection to the curb stop, on the owner side of the
curb stop. In case of failure upon the part of any consumer or owner to repair any leak occurring in his
service pipe within 24 hours after verbal or written notice thereof, the water may be turned off by the
City and shall not be turned on until the leak has been repaired and the appropriate fee as set forth in
chapter 22 has been paid to the City.
•
Restoration of Boulevards, Easements, and Driveways
When the water service repair is the City’s responsibility, the City is also responsible for surface
restoration. Water system repairs completed by the City shall restore the impacted surface with similar
materials to a like condition prior to excavation:
•
•
•
•
Maintained turf shall be sodded if the owner agrees to maintain the sod by watering at their sole
expense.
Natural turf shall be seeded and blanketed; owner to maintain at their sole expense.
Pavement areas shall be squared off with saw cut edges and repaired with similar materials. Oversizing
of the repair area will only be completed when the owner requests and pays for the oversizing.
Tree removal and replacement will be reviewed on a case by case basis. Replacement will be completed
with a 2-inch caliper tree of similar species.
Attachments Exhibits
L:\ENGINEERING PROJECTS\MISCELLANEOUS\Curb stop repair policy\4-13-15-RCA Approve Water System Maint Policy.doc
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
Consent
Finance
April 13, 2015
ITEM #
ITEM DESCRIPTION
9
Approve Resolution Authorizing Amendments to the Health Care
Facilities Revenue Series 2011B for the Benefit of Oxbow Lake Care
Center, LLC and St. Therese Foundation, Inc.
PREPARED BY
June Johnston
BACKGROUND
In July 2011 the City Council approved the issuance of a Healthcare Facilities Revenue Note (Oxbow Care Center,
LLC Project) Series 2011B in an original aggregate principal amount of $3,320,000. The Series 2011B Note was sold
to Bremer Bank National Association under the terms and conditions of a Note Purchase Agreement, dated June 27,
2011 between the City, Oxbow Lake Care Center, LLC, and Bremer Bank. This is considered a conduit obligation and
as such, the City has no responsibility for repayment of the obligation.
REVIEW OF ISSUES
Oxbow Lake Care Center, LLC and Bremer Bank have renegotiated the terms of the Series 2011B Note. The most
significant changes with respect to the Series 2011B Note and underlying security documents are: (1) a reduction in
the applicable interest rate on the Series 2011B Note; (2) the release of St. Therese Home, Inc. and St. Therese
Foundation Inc. as guarantors on the obligations of Oxbow Lake Care Center, LLC; and (3) amendments to certain
covenants of Oxbow Lake Care Center, LLC under the terms of the Series 2011B Loan Agreement.
The amendment of the Series 2011B Note will not utilize any of the authority of the City in 2015 to designate up to
$10,000,000 of tax-exempt bonds as bank-qualified bonds. The Amended Series 2011B Note will constitute a conduit
revenue obligation of the City that is payable solely from revenues derived from Oxbow Lake Care Center, LLC under
the terms of the Amended 2011B Loan Agreement and from other revenues and assets expressly pledged by Oxbow
Lake Care Center, LLC to payment of the Amended 2011B Note.
RECOMMENDATIONS
Approve the attached resolution Authorizing Amendments to the Health Care Facilities Revenue Note (Oxbow Lake
Care Center, LLC Project), Series 2011B for the Benefit of Oxbow Lake Care Center, LLC and St. Therese
Foundation, Inc.; Approving the Form of and Authorizing the Execution and Delivery of the Amended Series 2011B
Note, Amendments to Documents and Certain Related Documents; and Providing for the Security Rights, and
Remedies with Respect to the Series 2011B Note.
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPARTMENT
MEETING DATE
NEW BUSINESS
ENGINEERING
APRIL 13, 2015
ITEM #
ITEM DESCRIPTION
PREPARED BY
10
RESOLUTION ACCEPTING THE FEASIBILITY STUDY AND
ORDER A PUBLIC HEARING
FOR 2015 MILL AND OVERLAY PROJECT, IMPROVEMENT
PROJECT NO. 21505
TIM HANSON, PE
CITY ENGINEER
BACKGROUND
At the February 9, 2015 meeting, the City Council ordered a feasibility study for the proposed 2015 Mill
and Overlay Project on Business Park Boulevard between 121st Avenue and Hayden Lake Road,
Jefferson Highway between 109th Avenue and White Oaks Trail, and Brittany Drive between Edgewood
Avenue and Douglas Drive, Improvement Project No. 21505.
These street sections are experiencing bituminous failure of the wear course by spauling and pot holing.
The rehabilitation strategy to extend pavement life for each of these street segments is a bituminous mill
and overlay of the wear course. Municipal State Aid is proposed to provide funding for Business Park
Boulevard and Jefferson Highway. Municipal State Aid requires the improvements to be completed
according to Municipal State Aid Standards.
REVIEW OF ISSUES
The 2015 Mill and Overlay Project on Business Park Boulevard, Jefferson Highway, 109th Avenue,
117th Avenue, and Brittany Drive improvements have been identified as a 1 ½ - inch and 2 - inch depth
mill with a 2 - inch bituminous overlay. Concrete curb and gutter repairs are identified for significant
cracks or joints with extensive spalling. Catch basin repairs are included on Business Park Boulevard
and 109th Avenue.
City-wide repairs on curb & gutter, sidewalks, pedestrian curb ramps, and medians is proposed on the
streets adjacent to Business Park Boulevard.
The total project cost for the 2015 Mill and Overlay Project is $316,100. Cost recovery is identified as
assessment to the abutting benefitting property in the amount of $111,138 , the Capital Improvement
Revolving Fund in the amount of $76,512 and Municipal State Aid Funding in the amount of $128,450.
This project is not identified in the City’s 2015 Capital Improvement Plan. Business Park Boulevard is
identified as a 2019 Improvement Project. Funding is available from the City’s Municipal State Aid
Account and Capital Improvement Revolving Funds are available from the 2015 Street Seal Coat
Improvement Project.
The Feasibility Study and Public Hearing are necessary to assess the street rehabilitative work to the
adjacent benefiting properties.
The proposed improvements will be designed and administered by WSB and Associates.
RECOMMENDATIONS
From an engineering standpoint, the proposed project is feasible and offers the most cost-effective
approach to street rehabilitation.
It is recommended that the attached resolution be approved, accepting the Feasibility Study, and ordering
a Public Hearing for 7:00 p.m., Monday, May 11, 2015, in the Council Chambers, for the 2015 Mill and
Overlay Project on Business Park Boulevard, Jefferson Highway, 109th Avenue, and Brittany Drive
Improvement Project No. 21505.
If this project does not move beyond the Public Hearing, it is recommended that the cost of the
Feasibility Study be paid by the Capital Improvement Revolving Fund.
Attachment
Resolution
Location Map
Feasibility Study
L:\ENGINEERING PROJECTS\2015 ENGINEERING PROJECTS\21505 2015 Mill & Overlay for Bus Pk Blvd\21505 Feasibility\21505 RCA Order Public Hearing.doc
2
CITY OF CHAMPLIN
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
ORIGINATING DEPT.
MEETING DATE
NEW BUSINESS
ENGINEERING
APRIL 13, 2015
ITEM NO.
ITEM DESCRIPTION
PREPARED BY
11
APPROVE SUPPLEMENTARY AGREEMENT #1 AND #2 FOR
THE ELM CREEK DAM
IMPROVEMENT PROJECT 21008
T. TUOMINEN
BACKGROUND
At the March 9, 2015 Meeting, the City Council approved bids and awarded the contract for the Elm Creek Dam and
Flood Mitigation Improvements to C.S.McCrossan Construction Inc. The City Council elected to reject all bid
alternates due to budget considerations. Staff was directed to work with the low bidder to explore possible changes to
the project to reduce project cost. Also, Staff was directed to review options for a modified pedestrian trail access and a
live roof improvement on the Mill Pond side of the project. The Live Roof improvement will be considered at a later
date.
REVIEW OF ISSUES
As directed, City Staff has reached an agreement with the contractor that will assist in reducing cost and incorporating
requested additions to the project. C.S. McCrossan has agreed to reduce the cost of the project via value engineering
and quantity reduction, along with including the work to construct a pedestrian access for the project (identified in
Supplementary Agreement #1 and #2).
Supplementary Agreement #1
As part of SA#1, the contractor has requested a modification to the contract regarding the substantial completion date
of November 20, 2015. This date is identified with the opening of West River Road to traffic. The contractor would
still aggressively work towards the November 20th substantial completion date. However, they feel at this point in time
with the delay in award of the contract, postponed about 30 days, and the unpredictability of the weather, the November
20th date could be difficult to achieve and could have significant costs due to over time and may potentially impact their
productivity with excessive work hours. The contractor further agrees that the final completion date of May 27, 2016
would remain unchanged. The advantage to the contractor will be to relieve the risk of liquated damages if the project
substantial completion exceeds the November 20th date, and also provides them the ability to better manage their crews
and productivity. The contractor indicated that the limited work space can only efficiently and safely support a fixed
number of workers. By increasing work crews within a very limited space, efficiencies decrease and workers safety
risks increase.
As part of the waiver of substantial completion date, the Contractor has agreed to a fixed (not to exceed) pay quantity
volume of structural concrete for the base dam. The proposal benefits the City by reducing the risk associated with
quantity over run for concrete. The concrete volume is the largest item of work and has the highest risk factor for cost
over runs due to the complexity of the concrete pours.
Also, Supplementary Agreement #1 includes the removal of base bid items that relate to the Mill Pond edge restoration
and riprap construction near the Jefferson Bridge. These construction items would be deferred to a later date and
constructed along with the Jefferson Bridge abutment repair. The agreement includes utilizing an (in storage) heavier
gauge sheet pile (impervious barrier under the dam) which provides Value Engineering cost savings for both the
contractor and the City.
Supplementary Agreement #2
This Supplementary Agreement includes the increased quantities for the Lower Dam modified trail. This improvement
will provide trail access from the Mississippi Point Park parking lot to the dam and ensure ADA compliance for the
project.
Supplementary Agreement #1
Supplementary Agreement #2
($277,380)
cost reduction
$95,882.50
cost increase
181,497.50 Contract Reduction
It is recommend that the City approve Supplementary Agreements #1 and #2 that will ultimately reduce the project
cost; lower the risk of additional cost to the City, and provide a modified access to the lower dam area. The Contractor
has indicated that SA#1 will reduce the risk of increased contractor costs for loss of efficiencies and safety risks. The
agreements will modify the approved contract.
All efforts will be made to reopen the West River Road before winter construction suspension. However, the roadway
may be closed until May 27, 2016. The schedule modifications will reduce risk associated with the concrete quantities.
Also, it is important to note that MnDOT has adjusted the signal timing on TH 169 to help increase traffic movements
on TH 169 based on West River Roadway being closed.
Project Schedule
• State Bonding Determination
• DNR Permit Army Corp / SHPO Permit
• Final Design
• Mill Pond Draw-down
• Approve Plans and Order Bids
• Bid Approval/ Award Contract
• Start Construction
• Project Completion
June 2014
September 2014
September 22, 2014
October 15, 2014
November, 2014
March 9, 2015
Spring 2015
May 27, 2016
Recommendations
It is recommended that City Council approve Supplementary Agreement #1 and #2.
Attachment:
Supplementary Agreement #1
Supplementary Agreement #2
WSB Memorandum