Loading...
HomeMy WebLinkAboutMay 19, 2003 Work SessionCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINIS TRA TION NOTICE OF CITY COUNCIL MEETING to be hem in the CITY OF COLUMBIA HEIGHTS as follows: Mayor Julienne Wyckoff Councilmembers Robert .4. Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg Citv Manaoer Walt Fehst Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL MAY 19, 2003 7:00 P.M. CONFERENCE ROOM 1 WORK SESSION AGENDA 1. Building Official Contract with City of New Brighton 2. Sidewalk maintenance policy The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate m all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request whea the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin :of: May 19, 2003 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Building Official Contract with New BY: Robert Streetar BY:~/~7~ Brighton DATE: May 12, 2003 BACKGROUND: Since July of 2002, the City of New Brighton has temporarily provided the City of Columbia Heights with building inspection services. The Building Official from New Brighton, Kevin White, has provided the City with up to 20 hours per week of service, during which time he has completed 1,230 inspections. This compares to 1,091 inspections completed by the previous building official at 40 hours per week. Kevin White is very efficient and works well with City staff. As a result, staff suggests the City Council formalize this service relationship in a contract that clearly identifies the terms, conditions and obligations of this service relationship. The following are the salient elements of the "Columbia Heights Building Permit Contract between the City of New Brighton and the City of Columbia Heights. Please find that agreement attached. Contract term begins June 1, 2003 and terminates December 31, 2005. New Brighton will perform: · 15 to 25 hours of service per week. Typically about 20 hours per week. · Building inspection, plan review, and answer contractor and resident questions for both Columbia Heights and Hilltop through the contract Columbia Heights has with Hilltop. The City of Columbia Heights will pay New Brighton: · $50 per hour in 2003 · $54 per hour in 2004 · $57 per hour in 2005 The approximate savings over the term of the contract with New Brighton compared to having a full time Building Official is approximately $45,000. Currently, staff believes this level of service, while not ideal, is adequate given the typical workload. It maybe in the future when redevelopment begins that more service is needed. RECOMMENDATION: Staff recommends entering into a formal agreement with New Brighton for Building Inspection Services through December 31, 2005. Attachments COUNCIL ACTION: h:\~onsent2003\CLBuilding Official Contract-New Brighton Columbia Heights Building Permit Contract This Agreement is made as of the 1st day of June 2003, by and between the City of Columbia Heights (hereinafter referred to as "Columbia Heights" ) and the City of New Brighton (hereinafter referred to as "New Brighton"). WHEREAS, Columbia Heights is authorized and empowered to provide for various types of inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such services be performed by New Brighton on behalf of the City of Columbia Heights; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties hereto agree as follows: 1 SCOPE OF SERVICES 1.1 The term of this agreement shall be from June 1, 2003 until terminated in accordance with paragraph 3.9. 1.2 New Brighton agrees to provide building inspection and building plan review services for Columbia Heights and for the City of Hilltop through the Columbia Heights Community Development Department. Columbia Heights will provide building inspection and plan review services for the City of Hilltop under this Contract. New Brighton will provide such services at the request of Columbia Heights and Columbia Heights will assume all obligations imposed by this contract with respect to services rendered to Hilltop in all respects as though Hilltop were a part of the City of Columbia Heights. All reverences in this Contract to Columbia Heights shall be deemed to include the City of Hilltop. New Brighton will serve as the Building Official for Columbia Heights under the terms of this agreement. By execution of this agreement, Columbia Heights designates the New Brighton building official as the building official for Columbia Heights and for Hilltop. 1.3 Except as otherwise specifically set forth herein, building inspection and plan review services shall only include those types of duties and functions customarily rendered by Building Officials and Inspectors under law. 1.4 Under this agreement Columbia Heights will receive all building permit applications and fees required by existing laws, codes, and ordinances of projects within Columbia Heights. The applications including building plans and other attachments will be provided to New Brighton after they have first been reviewed by Columbia Heights for purposes of planning, zoning, subdivision and other local code regulations and requirements. The Building Official for New Brighton shall examine such applications to determine compliance with the current editions of the State Building Codes. 1.5 All applications for permits that require variances, conditional use permits or other special permits under existing Columbia Heights ordinances shall first be resolved by Columbia Heights prior to submission to the New Brighton Building Official for review. All special conditions and requirements imposed by Columbia Heights shall be specified in writing and attached to the application. 1.6 The Building Official for New Brighton shall notify Columbia Heights when to issue all permits as required by the current Minnesota State Building and Fire Codes. 1.7 Pursuant to this Agreement, the Building Official shall provide necessary plan check services as required by laws, regulations, and ordinances. 1.8 The Building Official and/or Building Inspector for New Brighton shall provide all job site inspections on projects under permit as is required by the current Minnesota State Building Codes and City ordinances and such other reasonable inspections as may be deemed necessary by him or her in order to monitor compliance with the Minnesota State Building Codes. 1.9 The Building Official will advise Columbia Heights residents and contractors with code questions and issues. 1.10 Columbia Heights shall collect all fees and charges for all required permits and applications within Columbia Heights. Columbia Heights shall also collect any and all permit related surcharge fees, sewer availability charges, and other fees as may be required by statute, regulation, or ordinance. 1.11 The Building Official and/or Building Inspector for New Brighton shall not be required, but may be requested from time to time to attend Columbia Heights City Council meetings. The Building Official and/or Building Inspector for New Brighton may, upon request, attend preconstmction meetings. 1.12 The Building Official for New Brighton shall have the exclusive initial authority to determine interpretations and applications of the Minnesota State Building Codes for all permitted projects with Columbia Heights. Notwithstanding the foregoing, the Building Official shall confer with the Columbia Heights City Manager and/or Community Development Director before issuing any such interpretations and applications of the Minnesota State Building Codes that might have an extraordinarily significant effect on projects within Columbia Heights. The Building Official shall also have the right and responsibility to issue correction orders, stop work orders, and citations on violations of the Minnesota State Building Codes on any project determined not to CLL-227703vl NE136-8 be in compliance with the terms and provisions of the Minnesota State Building Codes. Enforcement and prosecution of any Minnesota State Building Code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Columbia Heights. The New Brighton Building Official shall cooperate in any enforcement procedures. 1.13 Upon completion of all inspections associated with any specific permit, the New Brighton Building Official and/or Building Inspector shall forward the original inspection records along with the plans as submitted by the applicant to Columbia Heights. All such plans shall be kept on file by Columbia Heights pursuant to state law. All such original records shall remain the exclusive property of Columbia Heights. 1.14 It is anticipated that New Brighton will provide between 15 and 25 hours of service per week. New Brighton will not provide more then 25 hours of service without prior approval from the Columbia Heights City Manager or Community Development Director. 2 FEES 2.1 Columbia Heights shall pay New Brighton at the sum of $50 per hour for services required in this agreement during 2003, $54per hour during 2004, and $57per hour during 2005. Invoices will be submitted monthly. Payments shall be due by the 15th of each month for services provided for the preceding month. 3.1 3.2 3.3 3 GENERAL TERMS AND CONDITIONS Columbia Heights shall not assume any liability for the direct payment of any salary, wage, workers compensations, income tax withholding, or any other type of compensation to any New Brighton employee for performing any inspection or code enforcement service(s) pursuant to this Agreement. This remains the responsibility of New Brighton. Columbia Heights shall also be solely responsible to determine compliance with its own zoning, land use regulations and regulations of the Minnesota Department of Natural Resources, Minnesota Department of Transportation and all other regulatory bodies and political subdivisions having the jurisdictional authority within Columbia Heights affecting the development of lands. Columbia Heights shall be solely responsible for direct payment of any fees or charges to the Metropolitan Waste Control Commission, State of Minnesota or CLL-227703vl NE136-8 any of its subdivisions and Anoka County as may be required by law affecting development and the issuance of any permit within its borders. 3.4 Columbia Heights, its officers, agents, and employees shall cooperate with and assist New Brighton in the orderly performance of services to be provided for herein. 3.5 All applications for permits and inspections shall be made on forms utilized and maintained at Columbia Heights city offices. 3.6 The books, records, documents, and accounting procedures of New Brighton relevant to this Agreement, are subject to examination by Columbia Heights and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes. 3.7 This Agreement represents the entire Agreement between New Brighton and Columbia Heights and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 3.8 Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 3.9 This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party, with or without cause; or b. At any time, upon agreement of the parties; or c. By either party on the termination of employment of either of the persons employed as building official or building inspector by New Brighton. The parties acknowledge that it may be impractical for New Brighton to furnish services at the level described in paragraph 1 in the event of such termination of employment; however, the parties will discuss in good faith the feasibility of providing a mutually acceptable level of service before terminating the agreement pursuant to this paragraph 3.9.c.; or d. By either party on 20 days written notice for material breach that is not cured within such 20 day period; or e. In any event on December 31, 2005. 3.10 New Brighton agrees to defend, indemnify and hold harmless Columbia Heights, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from New Brighton's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of New Brighton. CLL-227703vl NE136-8 Columbia Heights will reimburse New Brighton for any payments made by New Brighton under the deductible provision of its liability insurance policy for claims indemnified or defended by New Brighton under this paragraph. 3.11 Columbia Heights agrees to defend, indemnify and hold harmless New Brighton, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Columbia Heights' performance of the duties required under this Agreement, to the extent caused whole by any negligent act or omission or willful misconduct of Columbia Heights. 3.12 Each party shall carry liability insurance in the amount of at least $300,000 per individual and $1,000,000 per occurrence, and property damage liability insurance in the amount of $100,000. Each party shall have the other named as an additional insured, and provide a certificate of said insurance. Each party shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd.2 (1994) and will provide a certificate of said insurance to the other. 3.13 Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. 3.14 Any employee assigned by New Brighton to perform its obligations hereunder shall remain the exclusive employee of New Brighton for all purposes including, but not limited to, wages, salary and employee benefits. 3.15 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the person employed by New Brighton as the agent, representative or employee of Columbia Heights for any purpose or in any manner whatsoever. New Brighton is to be and shall remain an CLL-227703v 1 NE136-8 independent contractor with respect to all services performed under this contract. New Brighton represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of New Brighton or other persons, while engaged in the performance of any work or services required by New Brighton under this contract, shall have no contractual relationship with Columbia Heights and shall not be considered employees of Columbia Heights, and any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against New Brighton, its officers, agents contracts or employees shall in no way be the responsibility of Columbia Heights; and New Brighton shall defend, indemnify and hold Columbia Heights, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, fights or benefits of any kind whatsoever from Columbia Heights, including, without limitation, tenure fights, medical and hospital care, sick and vacation leave, Worker's Compensations, Unemployment Compensation, disability, severance pay and PERA. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COLUMBIA HEIGHTS By: Its: Mayor By: Its: City Manager CLL-227703vI NE136-8 CITY OF NEW BRIGHTON By: Its: Mayor By: Its: City Manager CLL-227703vl NE136-8 CITY COUNCIL LETTER Meeting of.' 5/19/03 AGENDA SECTION: WORK SESSION NO: ITEM: RESOLUTION ADOPTING 2003-2004 SIDEWALK MAINTENANCE POLICY ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse~ DATE: 5/15/03'~''''~ CITY MANAGER DATE: Background: A new City sidewalk Maintenance Policy has been prepared by city staffbased upon a model policy from the League of Minnesota Cities. Based upon the 2002 and 2003 Safety and Loss Control Workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a sidewalk maintenance policy that is reviewed by the City Council and approved by resolution. This policy is intended only for the maintenance and preservation of existing sidewalks and does not address new sidewalk construction. Analysis/Conclusions: The City Engineering department conducted a complete inspection and review of all sidewalks in the City in 1992 with a similar set of review criteria. The proposal at that time was for a complete City program to correct defective sidewalk conditions. A public hearing was conducted for all work and was denied by the Council at that time. The proposed Sidewalk Policy uses the same set of review criteria, but would implement annual inspections and replacement/repairs concurrent with the existing Street Rehabilitation Program. Complaints outside the project zones would be handled in the same manner as they have been over the last several years with staffreview and an estimate of costs provided to the affected property owners. The proposed Policy adds the requirement that the walk be corrected in sixty days, or the City will make the corrections following special assessment procedures. The policy has been prepared for the 2003/2004 year with the following specific recommendations that defme inspection procedures and replacement or repair processes: · Establishes a written policy that guides the City's inspection and maintenance efforts. · Provides criteria for identifying defective sidewalk conditions. · Defines an inspection process and schedule of repairs. · Establishes priority criteria. · Provides a process for complaint reporting and accidents. Public Works recommends passage of the Resolution adopting the 2003/2004 Sidewalk Maintenance Policy. Recommended Motion: Move to waive the reading of Resolution No. 2003-27, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2003-27 adopting the 2003/2004 Sidewalk Maintenance Policy. Attachment: Resolution COUNCIL ACTION: RESOLUTION NO. 2003-20 RESOLUTION ADOPTING A SIDEWALK MAINTENANCE POLICY WHEREAS, a Sidewalk Maintenance Policy has been developed based upon the recommendations of the League of Minnesota Cities and City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights; and WHEREAS, said policy defines the sidewalk inspection and maintenance procedures and methods used by the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Sidewalk Policy is hereby approved and adopted. Dated this 27th day of May, 2003. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Julienne Wyckoff, Mayor Patricia Muscovitz Deputy City Clerk City of Columbia Heights SIDEWALK MAINTENANCE POLICY The City of Columbia Heights declares that the retention, repair and replacement of existing sidewalks within the City is in the public interest and that as far as possible the existing sidewalk system should be maintained, repaired, and replaced, except in such circumstances where the City Council determine it is unnecessary, unfair or not in the public interest to continue the sidewalk system. The City of Columbia Heights has 31.5 miles of public sidewalks. Public sidewalks may vary in age and in quality of condition. The City recognizes that some sidewalk conditions can create unreasonable hazards for pedestrians and other sidewalk users. Accordingly, the City and its Public Works Department must exercise both discretion and professional judgment in determining when sidewalks need to be replaced or repaired. The City expects that its agents, employees, and city officials will exercise discretion in identifying conditions requiring replacement and repair, in the scheduling of replacement and repair, and in establishing sidewalk priorities for replacement and repair. POLICY An annual inspection process shall be conducted by the City in designated areas. The Public Works Director or designee shall establish procedures for regular sidewalk inspection. These procedures shall include: Ao C. D. E. An initial citywide survey was conducted by City Engineering staff and completed in 1993. A re-inspection of the city sidewalk survey to be completed by December 31 st of each year for the designated areas. A schedule for routine sidewalk inspections for designated areas. A complaint system whereby sidewalks are inspected after the city receives a complaint about a defective sidewalk area. Defective sidewalk means any of the following: 1. Vertical separations of one (1) inch or more; 2. Horizontal separations of one (1) inch or more; . 3. Missing sidewalk panel; 4. Holes or depressions of three (3) inches or more in diameter and one- half (1/2) inch or more in depth; 5. Spalling measuring 1" or more in depth, or spalling on more than 50% of the surface area of a sidewalk panel; 6. Tertiary cracking on more than 50% of the surface area of a sidewalk panel; 7. Settlement causing water ponding on more than 50% of the surface area of a sidewalk panel; 8. A sidewalk panel cracked in such a manner that its remaining intact surface is not greater than one square foot or is cracked in a manner that constitutes a danger or a potential hazard to the public; Dated May, 2003 9. A sidewalk with any part missing that is full depth; 10. A deviation on the staked and constricted grade 0f3/4 inch or more as to any sidewalk newly constructed. SIDEWALK REPLACEMENT AND REPAIR Upon completion of the initial sidewalk survey, the Public Works Director shall establish a replacement and repair schedule. This schedule is subject to modification based both on sidewalk conditions and the availability of resources for sidewalk replacement and repair. The sidewalk replacement and repair schedule will: Follow in order the: 1. Existing City Street Rehabilitation Zones, 2. Petitioned or written requests for repair outside the Street Rehabilitation Zones, 3. Or otherwise prioritize replacement of the sidewalks identified as needing replacement or repair so that all sidewalks identified in the initial sidewalk survey as needing replacement or repair are replaced or repaired by the date set forth by the Public Works Director or designee. Take into consideration and weigh the following factors: 1. Sidewalk location and amount of pedestrian traffic; 2. Proximity of sidewalk identified as needing replacement or repair to other sidewalks also needing replacement or repair; 3. The nature and severity of the condition needing replacement or repair; 4. To what extent the cost of repair can be recovered from adjacent property owners in accordance with applicable state statutes; 5. The City's budget for replacement or repair of sidewalks; 6. Availability of employees, equipment, and other resources for sidewalk replacement or repair; 7. Public safety; 8. History of prior accidents or complaints; REPAIRS AND MAINTENANCE It is the policy of the City of Columbia Heights that the owner of any private property within the City abutting an existing sidewalk is responsible for all repairs and shall keep the sidewalk in good repair and safe. The City may, as a public service and for reasons of public safety, remove snow and ice from sidewalks, consistent with the City Snow and Ice Control Policy. If the City's Engineering Department finds that any sidewalk abutting a private property is unsafe, defective, or in need of repairs, he/she shall cause a notice to be served. The notice shall be served upon the recorded owner by personal service or upon the recorded owner and occupant by registered or certified mail to their last known address if the owner does not reside within the City or cannot be found herein. The notice shall order the owner to have the sidewalk repaired and made safe within sixty (60) days, and state that if the owner fails to do so, the Public Works Director may order work to be completed at the expense of the property owner. If the repairs are not paid for, special assessment procedures will be followed and the cost of the work will be assessed against the property. REPAIR AND CONSTRUCTION REQUIREMENTS No person shall make any sidewalk repair or improvement, whether ordered by the City or not, until such person has submitted a plan, has obtained the required permits fi.om the City, and has paid all applicable fees. o Once the requirements of this subdivision have been met and the plan approved, the permit shall be issued, and a copy shall be filed and preserved. The permit shall state when the repair work is to commence and when the work is to be completed. Specifications. All repairs and improvements to sidewalks, whether undertaken by the owner or the abutting property or by the City, shall be performed under the supervision and inspection of the Public Works Director and in accordance with the plans and specifications approved by the City of Columbia Heights. Notice to Stop Work. The Public Works Director or City Manager may stop work at the site upon written notice served by registered or certified mail, to the property owner, the property owner's agent; or to the contractor or party doing the work; for any of the following reasons: 1. Failure to obtain a permit. 2. Failure to perform work in accordance with the specifications established by the City. When a property owner, agent of the property owner, contractor, or party performing work receives the notice, such person shall cause the work to stop. Work may resume when a permit is obtained or when the Public Works Director or designee has confirmed that corrections have been made to conform the work to the required specifications. Removal Without Replacement. Removal of a sidewalk without replacement, shall occur only by the following: 1. The owner of the abutting property submits a petition to the City Council. The City Council determines by Resolution that it is in the interest of the public to remove the sidewalk. 2. The City Council, on its own motion, seeks the removal of sidewalks without replacement by Resolution, and the motion passes by a majority vote. REVIEW AND MODIFICATION OF POLICY The City may modify or clarify this policy at any time. The City has delegated responsibility or authority to city employees or officials for the development and implementation of this policy. The City Council or City Manager shall have full authority to modify any portion of this policy when deemed necessary. REVIEW OF POLICY The Public Works Director or designee shall keep on file, comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. EFFECTIVE DATE OF POLICY This policy shall be made effective as of May 31, 2003. Modifications of the policy shall be effective on the date said modifications are approved by City Council resolution or the date the city employees or official (with authority granted by the City Council) has approved the policy modifications or implemented changes. 4