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May 20, 2002 Work Session
CITY OF COLiJMBIA 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.,,z, us ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be hem in the CITY OF COL UMBI/I HEIGHTS as follows: Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert A. Williams City Manaoer Walt Fehst Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: Consent COLUMBIA HEIGHTS CITY COUNCIL MAY 20, 2002 7:00 P.M. CONFERENCE ROOM 1 WORK SESSION AGENDA 1. Award Fireworks bid 2. 3. 4. 5. 6. Discussion Items Lomianki Park Renewal of City Liability and Property Insurance Discussion on the 2002 Housing Maintenance Inspection Program - informational only Water Shut-off Policy for non-payment of bills Removal of 528 47~ Avenue with abatemelat funds Order termination of water services to vacant or abandoned structures 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 when 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 CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.' CITY MANAGER NO: Recreation APPROVAL ITEM: REQUEST AUTHORIZATION TO BY: Keith WindschitlTj(ffj BY.' ~. ~~~/~ AWARD BID FOR 2002 JAMBOREE DATE: May 15, 2000 FIREWORKS NO: BACKGROUND: Staff received authorization to seek bids for the fireworks display scheduled for Friday, June 28, 2002 in conjunction with the Lion's Club Jamboree activities. Funds in the amount of $3,000 have been budgeted for the fireworks display under Account 101-45050-4378. The cost of the fireworks display is $6,000. With $3,000 coming from Account 101-45050-4378, the remainder of the cost of the fireworks display will be sought from donations. Two proposals were received for the fireworks display, one from RES Specialty Pyrotechnics and the other from Melrose Pyrotechnics. After reviewing the proposals, the Park & Recreation Commission is recommending that we award the bid to ......... RECOMMENDED MOTION: Move to award the bid for the 2002 fireworks display to MN based on their qualified, responsible bid in the amount of $6,000, with $3,000 appropriated from fund 101- 45050-4378; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: MELROSE NORTH PYROTECHNICS, INC. 9405 COUNTY RD. 8 CLEAR LAKE, kin 55319 T 320.743.6496 800.771.7976 F 320.743.64~9 800.775,.7976 May 1 O, 2002 City of Columbia Heights Recreation Department Arm: Mr. Keith Windschitl 530 Mill Street NE Columbia Heights, MN 55421-3878 Dear Keith, We hope 2002 has been good to you and your city! Enclosed is a copy of the program ] have designed for you. The display contains more than 2800 shots. As specified per your letter dated April 25, 2002, the display will last at least 15 minutes. As always we will follow all State and Federal guidelines pertaining to the industry. We provide all necessary equipment and labor. As usual, the insurance certificate will list the City of Columbia Heights and a copy will be given to you. We are familiar with your site and have designed the display accordingly. Enclosed is a contract for your review. When we receive the signed contract in the office, your insurance certificate will be issued and the permit will be obtained. I have enclosed a copy of the contract for your records and a self addressed, stamped envelope for your convenience. Your letter to us states that you have had a fantastic show the past several years and would like to continue that tradition. Well, I am happy to say that I programmed those displays for you and will again be designing your program this year. Please visit our web site at www.melrosepyro.com If you have any questions, feel free to call us at 800-771-7976. We look forward to hearing from you. Sincerely, MELROSE PYROTECHNICS, 1NC. Mark C. Hanson, Event Producer MH/bc enc City of Columbia Heights, Minnesota Type of Proposal: Electronically Fired Display Prepared For: City of Columbia Heights, Minnesota June 28, 2002 Program Length: Type of Pyrotechnic Effects: 15 - 18 Minutes Low level through 3" Aerial Shells This Proposal Includes: Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Worker's Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Proposal Cost: $6,000.00 RES Specialty Pyrotechnics Monday, May 13, 2002 Keith Windschitl Columbia Heights 530 Mill Street N.E. Columbia Heights, MN 55421 Dear Keith: Thank you for the opportunity to submit our Fireworks proposal to the City of Columbia Heights. The display will occur on Friday, June 28, at Huset Park in Columbia Heights. Your Fireworks production will choreographed, and last 16 to 20 minutes. We comply with all State and Federal guidelines. Ben Erickson advised me that he would be the lead operator. Our proposal indicates shell effect, size, and quanity of shells. The shells listed in our proposal will be used to design: Opening Barrage, Main Show Body, Patriotic Tribute, and Grand Finale. Our proposal lists actual shells and effects used in the choreography. Our customer service and communication principles are based on a personal relationship. We listen to your needs and expectations. We then implement them into your program, creating a unique one of a kind show. Our displays are turnkey operations and coordinated with your event. The entire show is electronically fired for added safety. Our proposal includes all materials, equipment, State certified display operators, obtaining all necessary permits, and $6,000,000.00 liability insurance. The total cost will be $6,000.00. I have included a contract, prepared for your approval. If you have any further questions, please feel free to call me. I am also available to speak at one of your meetings, in order to answer any questions you may have. Sincerely, Ervin d. Haman Director Business Development 21595 286th Street. Belle Plaine, MN 56011 · Phone: 952.873.3t13 · Fax: 952.873.2859 RES Specialty Pyrotechnics DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 13th day of May, 2002 between RES Specialty Pyrotechnics, Inc. hearafter referred to as the SELLER and The City of Columbia Heights and Columbia Heights Recreation Department hearafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor Outdoor Fireworks Diaplay June 28, 2002 10:00 p.m. approx 16 to 20 minutes Huset Park Columbia Heights Recreation Department OBLIGATIONS OF SELLER: Seller shall provide all materials, equipment and personnel necessary to perform the above- mentioned display. Seller is required and will comply with NFPA 1123, Code for the Outdoor Display of Fireworks, 2000 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2001 edition. Seller shall provide show liability insurance in the amount of $6,000,000.00 to cover the fireworks display and cleanup. Seller shall include the buyer, as co-insured on certificate of insurance. OBLIGATIONS OF BUYER Buyer shall provide a suitable location for the firing of the fireworks display. Buyer shall provide and cover all costs for security, safety and cleanup at the display site. Buyer shall provide and cover costs for all necessary permits and fire watch required for the display. TERMS AND CONDITIONS The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the Buyer has not performed fully it's obligations under the terms of this agreement or that the financial credit of the Buyer has been impaired, the Seller may cancel this agreement at any time. 21595 286th Street, Belle Plaine, MN 56011 · Phone: 952.873.3113 · Fax: 952.873.2859 1 In the event the Buyer does not perform fully all of it's obligations herein, the Seller shall have the option to perform or not to perform or refuse to perform hereunder, and in either event the Buyer shall be liable to the Seller for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The Seller shall retain the right to stop or interrupt the display at any time if, in the opinion of the Seller, conditions have become unsafe. In event of rain, fireworks be rescheduled a mutually agreeable date. PAYMENT Contracted amount :$6,000.00inclusive of sales tax if applicable. Balance due and payable in full on 7/30/02. Payments are considered delinquent after thirty (30) clays. All payments shall be paid by Buyer to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certifiecl bank check, money order or cash. CANCELLATION In the event the Buyer cancels this agreement any time during the contract period, the Seller shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre and post production costs incurred. THIS AGREEMENT is the whole agreement of the parties' aboved named. No representation, inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified or amended except in writing by a duly authorized officer of each party. IN WITNESS WEREOF, the parties hereunto set their names on the day and year listed below CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS BUYER Signature Title Date SELLER · RES Specialty Pyrotechnics Inc. Signature ~ ~ ~~ Title Z),'~&c.Z.r [.~ ~ $;~r ~)~/~le~r~X 2 CITY COUNCIL LETTER Meeting of: May 20, 2007 AGENDA SECTION: Lomianki Park Development ORIGINATING DEPT.: CITY MANAGER Update Community Development APPROVAL NO: NO: DATE: May 15, 2002 Issue Statement: The City Council has established a goal of moving forward the potential development of property south of Lomianki Park. Back~round: Since the beginning of the year, the City Council has been involved in discussions regarding the potential development of property south of Lomianki Park, which the City Council has identified as one of its priority projects for 2002. Following this direction, the City of Columbia Heights hosted an open house on the Lomianki property March 26, 2002. Following the open house, the City Council asked that the Park and Recreation Commission and Planning Commission review the parkland status and provide their recommendations on the issue. Both the Park and Recreation Commission and the Planning Commission met on the issue and both Commissions indicated that the loss of the south portion of Lomianki Park would not be detrimental to the vitality of the park system, and not in conflict with the City Comprehensive Plan. The Park and Recreation Commission also indicated that they foresee no future park activity or improvements on this property, and the sale of this property would allow for money to be put into functional City parks. Staffhas outlined for the City Council the updated planning steps necessary in order to develop this land (see attached). The next step is to officially amend Ordinance # 831 that originally established this property to be possibly used as a picnic park. Beyond the planning steps outlined, the City Council will need to decide how to move forward on the potential sale of the property, should it be developed. Assuming the development scenario, the City Council could either work directly with a preferred developer, or choose to go through the bidding process, through a Request for Proposals (RFP). Analysis/Conclusion: City staffbelieves the City Council and EDA can continue to move forward with the potential development of property south of Lomianki Park. However, there are a number of important steps that still need to be taken before any development Recommendation: Staff recommends to support the actions of the Planning Commission and the Park and Recreation Commission to eliminate the south portion of Lomianki Park for future park usage, to amend Ordinance # 831 and adopt Ordinance #1447, and to continue pursuing the necessary steps attached for the development of this property. Attachments: Lorn Pk map; Plannin$ steps; Pl Comm minutes; Park & Rec minutes; Ord # 803; Ord # 831; Ord 1447; Comp Plan Section COUNCIL ACTION: ORDINANCE NO. 1447 BEING AN ORDINANCE AMENDING ORDINANCE # 803 BEING AN ORDINANCE DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN BLOCKS 73, 95, AND 100, COLUMBIA HEIGHTS ANNEX The City Council of the City of Columbia Heights does ordain: Section 1: That Section 1 of Ordinance # 803 which states: The following properties shall be designated for park usage: Lots 16 through 28, Block 95 lying between 37th and 38th Avenues, possibly to be used as a picnic park. Lots 19-30 and the Westerly 75 feet of Lot 18, inclusive, Block 100, lying between 38th and 39th Avenues with a proposed use as a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Is hereby amended to read as follows: The following properties shall be designated for park usage: Lots 19-30 and the Westerly 75 feet of Lot 18, inclusive, Block 100, lying between 38th and 39th Avenues with a proposed use a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Section 2: That section 2 of Ordinance # 803 which states: That the following described parcels be designated for continued industrial use: Lots 29 and 30, Block 95, lying south of 38th Avenue, Lots 16 through 18, Block 100, and Lots 16 through 22, Block 73. Is hereby amended to read as follows: That the following described parcels be designated for continued industrial use. Lots 16 through 18, Block 100, and Lots 16 through 22, Block 73. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk STEPS NECESSARY FOR DEVELOPMENT OF PROPERTY SOUTH OF LOMIANKI PARK Host Public Open House to present preliminary design concepts to neighbors This tookplace on March 26, 2002. Park and Recreation Commission review of parkland status This took place on ~4pri124, 2002. Planning Commission review of parkland status This tookplace on May 7, 2002. Amend the former ordinance # 831 that dedicated this land to be used for park purposes (possibly as a picnic park) This item will be brought to a future Council meeting depending upon Council direction. Request future land use change from parkland to medium or high-density residential to the Metropolitan Council. Staff is currently working on this item, and will submit when necessary. Hold public hearing to rezone (downzone) the entire block between 37th and 38th Avenue from Light Industrial to Residential -3 to allow for low to medium density residential development It is anticipated that staff will initiate the rezoning process after City Council direction. Select preferred developer or go out for bidding through Requests for Proposal (RFQ) process The RFQ process will take approximately 3 months to complete. Replat and Site Plan Review of the entire property, including vacating or establishing right-of-way, storm water plans, grading/drainage plans, etc. This process will be initiated when it is decided who will develop the property. Acquisition of Industrial business and property at 82 38th Avenue, and potential acquisition of single family home at 3702 Main Street may be necessary to effectively plan for development of this property This could either be City initiated or developer initiated. 3929 3905 j 40TH 3956 ~ 150 160 3950 i 3949 3948 ~ 3945 39~ ~ i~ 3941 5942 ~ i~ 3937 3938 ~ ;~ 3929 3928 5924 ) 3926 3916 II 3919 3920 · 3916 ~ 3915 3912 3910 Z ~ 3909 3910 ,=.o3-~.0 ~ ,~ 151 3906. 12a.O' I 100 3852 3848 3842 80 3856 i., 3828 ",d' 3824 3820 3816 3810 81 3800 I ~ 2a.o' T 2s.o' 39 TH 3859 5856 3855 3852 3849 3848 3843 38~ 3837 3836 3831 3832 3825 3828 3819 3820 3815 3806 38~ 380~ 3807 3802 5801 3800 38TH ._'82 3752 374-4. ~ 3741 3740 3732 3728 3720 ,. 3701__ ~ ~ 3712 © 5706 3702 5755 5756 374.8 5747 3744 3743 3740 3739 5736 3733 3732 3729 3728 3724 3725 3720 3717 5712 3708 3709 3705 3704 ~7Ol I 37o0 z 0 ~ 57TH AVE 212 3948 3940 3934 3923 3915 3919 3907 3901 3865 3859 3855 3858 5851 3850 3847 3848 3843 3844. 3839 3858 3837 3832 3833 3827 3826 3820 3819 3816 3815 3812 3809 3806 3805 3800 3752 3748 3747 3744 3741 3740 3737 5736 3732 3731 3728 3724 5723 3720 3717 3716 3708 3705 3704 3701 3700 222 226 228 230 ,i '~,,,3929 3925 3915 3930 3909 3900 3853 5835 3829 3830 3825 3822 3823 3816 3815 3810 3811 3804 3805 3800 AVE 3755 3754 3745 374'6 3741 3742 3737 5736 3733 3732 3729 3726 3725 3721 3722 3717 3716 3709 3710 3705 249 A %/[- 3825 3809 38o~ 3757 3741 3737 5719 '~ ¢ 3701 CONCLUSIONS AND MAJOR FINDINGS The following conclusions and findings were included in the 1996 Comprehensive Park System Plan: DEMOGRAPHICS To best meet the changing needs of the population, the City of Columbia Heights park system must be prepared to conform to the needs of the increasing elderly population as well as the increasing number of preschool children and young families in the area. It is also recommended that the Recreation Department do its pan to address the rising growth of non-traditional families by providing alternative activities to meet the needs of single-parent housel-i°lds. ~I~ID~EEOPMENTS ~~a~;o~;~ .~mpIetely, d.m, el. oped Urban area,;~e: ~j~. of, Columbia Heigb.~s must be ~g,.~;,~,qmre: _,aacm,,o~:..l..an.d..,ulat;.m' deemed beneficial to the~Park! ~,:~.~.U~~~.' ~.g~_6.a k~ll[~t_any additional park spac~Obld ptS~e'to :be ~.:~L'. '~.T'L~:'- ~ _:: ~ ~,.,'-.~? Possible future land acquisitions include al vacated lot for sale at 39o2 Quincy Street, as well as the Krerner and Davis building at~ 3900 Jefferson Street. Since both these properties adjoin Huset Park, the acquisition of the ~..,) propemes would be beneficial to the redevelopment of Huset Park. RECREATION AND FACILITY TRENDS Besides demographics, the primary trend affecting parks and recreation is increased transportation. People are becoming more destination-oriented and are willing to travel to those places and/or communities that offer them the services they are seeking. With increased transportation, improvements in transportation mutes (especially pedestrian-based) and ease of access (including handicap persons) are becoming more critical. Other projected trends include more group activities, improved group areas and picnic facilities, and close-to-home, low-cost recreation oppommities. TRAILS AND PATHWAYS A rapidly increasing trend, trails and pathways are becoming an essential component in linking parks to developments, people, and to the community. As recreation activities such as biking, ming, walking, and inline skating increase, the need for an effective trail and pathway system in Columbia Heights becomes more of a priority. 122 CI Y OF COLUMBIA ~.. .~ ii~ ... ~ '.. ~~ '~ ~?-~'sgo=:4*oth *A'VENUE N~E.' 788-9221 · COLUMBIA HEIGHTS, MINNESOTA 5542 ORDINANCE #83l BEING AN ORDINANCE AMENDING ORDINANCE ~803 ' BEING AN ORDINANCE DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN BLOCKS 73, 95, and lOO COLUMBIA HEIGHTS ANNEX ' THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section l. That Section 2 of Ordinance //803 which states The fo/lowing properties shall be designated For park usage: Lots 16 thru 28, B)ock 95 lying between 37th and 38th Avenue, possibly to be used as a picnic park. Lots 19 thru 30 inclusive, Block lO0, lying between 38th and 39th Avenues with a projected proposed use as a play park'area. Lots 23 thru 30, inclusive, Block 73, proposed as a nature park. is hereby amended to read as follows: The following pro~erties shall be designated for park usage: Lots 16 through 28, Block 95 lying between 37th and 38th Avenues, possibly to be used as a picnic park. Lots 19 through 30 and the Vesterly 75 feet of Lot 18, inclusive, 8lock 100, lying between 38th and 39th Avenues with a proposed use as a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Section 2. That Section 3 of Ordinance //803 which stateS: That the following described parcels be designated for continued industrial use: Lots 29 and 30, Block 95, lying south of 38th Avenue, Lots 16 thru 18, Block I00, and Lots 16 thru 22, Block 73. is hereby amended to read as follows: That the following described parcels be designated for continued industrial use: Lots 29 and 30, Block 95, lying south of 38th Avenue, Lots 16 and )7, Block lO0, and Lots )6 thru 22, Block 73. Section 3. Th~s ordinance shall take effect and be in force from and after thirty (30).days after its passage.. F~rst Reading: December 23, IR74 Second Reading: January 13, IR75 Offered by: Heintz Seconded by: Norberg Roll Call: All Ayes Bruce G Nav~r6cki, Mayor Secre ta ry/Pro- CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES · COLUMBIA HEIGHTS, MINNESOTA 55421 ORDINANCE # 803 DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN BLOCK 73, 95, and' 100, COLUMBIA HEIGHTS ANNEX. THE CItY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. Because certain residents in the Southwest section of the City of Columbia Heights have raised funds for the purpose of developing a park for their neighborhood on properties acquired by the City on agreement with Burlington-Northern Railroad, the City of Columbia Heights finds it wise to dedicate certain park property. Section 2. The following properties shall be designated for park usage: Lots 16 thru 28, Block 95 lying between 37th and 38th Avenues, possibly to be used as a picnic park. Lots 19 thru 30 inclusive, Block 100, lying between 38th and 39th Avenues with a project proposed use as a play park area. Lots 23 thru 30, inclusive, Block 73, proposed as a nautre park. Section 3. Section 4. That the following described parcels be designated for continued industrlaI use: Lots 29 and 30~ Block 95, Lying south of 38th Avenue, Lots 16 thru 18, Block 100, and Lots 16 thru 22, Block 73. The CounclI further expresses their appreciation to the efforts of the citizens group which has unselfishly given freely of their time to promote an improvement in their neighborhood. -2- Section 5. This ordinance sha]l take effect and be in force from and after thirty (30) days after its passage. First reading: April ~, 1973 Second reading: Offered by: Seconded by: Roll Call: Apr[] ~[~ 1973 Norberg Connor A 1 1 Ayes etary to the Council Bruce G. Nawrocki, Mayor PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MAY 7, 2002 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Schmitt, Yehle, and Ericson. Commission member absent-Johnson Also present were Tim Johnson (City Planner) and Shelley Hanson (Secretary). Motion by Yehle, second by Ericson, to approve the minutes from the meeting of April 2, 2002. All ayes. MOTION PASSED. NEW BUSINESS Central Avenue-Street Utility and Streetscaping and Zone 6A of the City Street Rehabilitation Program (Presentation by Kevin Hansen, Public Works Director) Kevin Hansen explained that when Public Improvements are assessed, it is recommended under MN State Statutes that the planning advisory body to the City Council review the proposed improvements and make a determination for consistency with the City's Comprehensive Plan. And even though Columbia Heights is a Charter City, we are trying to follow MN State Statute requirements. In 2002, two large projects will be undertaken in Columbia Heights. The first being the Central Avenue Reconstruction, and the second being Zone 6A, which is part of the Annual Street Rehabilitation Program. Central Avenue Improvements--The City has developed plans for the rehabilitation of Central Avenue from 37th to 43rd Avenues. The work will include utilities (water main replacement, sanitary sewer repairs, and new storm sewer) and street reconstruction (which includes construction of center concrete medians, concrete curb, and gutter replacement on both sides of the street and replacing the existing sidewalks). Some parking will be eliminated which will affect mostly the east side of Central. The travel lanes are designed to be 12 ft in width. Streetscaping improvements will include decorative, colored sidewalks, matching planters and trash receptacles, pedestrian benches, and decorative street lighting. Hansen presented a visual display and explained the details of the improvements planned. The project is to begin in about two weeks and should be complete by November 30th. The total estimated cost of the work is $4,840,000. Motion by Ramsdell, second by Yehle, to support City Council action regarding the Central Avenue Rehabilitation Project as it is consistent with the City's Comprehensive Plan. All ayes. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING MAY 7, 2002 PAGE 2 Zone 6A Street Rehabilitation Program--The City Council has ordered improvements for 8 blocks of full street reconstruction for 2002. The area is basically bounded by 7th Street - Quincy St, 42nd-44th Ave. Full street reconstruction includes removal of the existing street section, roadway grading with soil corrections, new gravel base, new concrete curb and gutter, and new bituminous pavement. City staff will also review the condition of the existing underground utilities and will make recommendations for the replacement of water mains, sewer, or storm drains, when necessary. The watermains are very old in this area, and many have lead connections that need to be replaced. In addition, catch basins and larger pipes will be installed to accommodate the flooding issues in this area. This project should begin in June and be complete by September. The estimated cost of the work is $1,300,000. Funding for these projects will come from assessing benefiting property owners, the City Infrastructure Fund, City Utility Funds, State Aid Funds and MnDOT Funds. Hansen explained the City Council will be awarding the bids for these projects at their meeting Monday, May 13, 2002. Motion by Ramsdell, second by Yehle, to support the City Council action regarding the Zone 6A Street Rehabilitation Program as it is consistent with the City's Comprehensive Plan. All ayes. As another point of information, Hansen stated the City is working with BRW to establish a design concept for the Central Avenue Corridor. A committee has been formed to gather ideas and make a recommendation to the City Council. They will meet over the next six months to review such things as a color scheme, design, or theme that would bring continuity to the corridor. Items that will be considered are building facades, windows, entryways, signage, screening, landscape materials, awnings, etc. Tom Ramsdell has agreed to be a member of this committee. Status of Lomianki Park Property The City Council has identified the development of property south of Lomianki Park (37th Ave to 38th Ave) as one of its priority projects for 2002. On March 26, 2002, an open house was held regarding the potential development of this property. At its April 2002 Park and Recreation Commission meeting, the Board recommended the parkland status be eliminated, as they did not foresee any improvements being made to this property. In 1973 the City adopted Ordinance #803, which identified residents in the Southwest section of the City as part of a citizens group which raised funds for the purpose of developing a park for their neighborhood on property acquired from Burlington Northem Railroad. This included the Lomianki Park property between 37th and 40th Ave, excluding the existing industrial businesses. It appears that the funds were probably used for the definitive Lomianki Park property between 38th and 39th Ave. In 1975, Ordinance #831 was adopted, which amended Ordinance #803, and also designated certain properties for continued park usage. This Ordinance included Block 95; Lots 16-28, lying between 37th and 38th Ave, to be possibly used as a picnic park. PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING MAY 7, 2002 PAGE 3 Since this time the land has been maintained by the City, but does not function as a park. The property has virtually no access from the north side because of an existing industrial business at 82 38th Ave. The property also has poor access off of 37th Avenue, which currently has a chain in place to prevent vehicle access. There is nothing to identify the property as parkland of any kind. The history of the property indicates that the land was established as park so as to provide for a natural buffer from the railroad switching yards on the west. The property is currently zoned for industrial purposes, but the highest and best use has been identified as residential. The purpose of bringing this issue before the Planning and Zoning Commission is to address the original park dedication, and to provide a recommendation on whether or not to continue recognizing this area as part of Lomianki Park. Because it has not been used as Parkland for the last 30 years, staff recommends that the parkland status be eliminated, to allow for future development. Furthermore, the City Comprehensive Plan specifically indicates that the loss of the north and south parcels of Lomianki Park would not be crucial to the integrity of the park system. The vacant City owned properties at 3701 and 3741 California Street have been looked at for potential residential development and may either be sold through a public bidding process or sold to a preferred developer. The highest and best use of the properties has been determined as medium density residential development. MN Statute 462.356 requires that if the City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The Comprehensive Plan designates this property for parkland use. However, the Plan also specifically indicates that the loss of the south and north parcels of Lomianki Park would not be crucial to the integrity of the park system. If the City moves forward with the sale and development of this property, the City will submit a change in future land use to the Metropolitan Council for these parcels. Chairperson Ramsdell explained that the Planning & Zoning Commission is only a recommending board and the City Council can override any of their recommendations. He also stated this is not a public hearing, however, as this is an issue important to so many residents, anyone wishing to make a comment may do so, but he asked that they limit their comments to five minutes. Shelly Anderson, 3720 Main Street, stated she has lived there for 34 years before the Railroad expanded behind their homes. She said she remembers when the railroad gave that property to the City for a buffer area to help separate the homes from the railroad property. It was agreed at the time, according to documents she has, that if the residents could raise $6,000 ($2,000 for each parcel) then it would be designated as park property and used as such. The residents were promised that the property would never be developed as this was considered compensation for being near the railroad. Ms. Anderson said when the $6,000 was given to the City, they spent all $6,000 on the Park Building located on the middle piece. This was not by the residents choice, but was decided by the City Council at the time. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF MAY 7, 2002 PAGE 4 Ms. Anderson was also concerned about the plan to level out the berm on the west side of the property to put in a street access for the development. She said that hill is so unstable, she didn't feel this was a good plan. Ramsdell pointed out, that if the development would ever be approved, this is the type of thing that Engineers would need to address and decide what is safe. Ramsdell responded he understood how the residents in the area must feel. He has mixed feelings as to eliminating parkland versus seeing the City move forward with newer development. He stated that the main section of the park is being kept in tact, and only the inaccessible, undeveloped green space is being considered for the development project. Ms. Anderson stated that it wasn't supposed to be undeveloped park; that the original intent had been to make park improvements to all three sections. Ms. Anderson also stated that the March 26 meeting held to review, discuss and take feed back on the possible development project took everyone in the area by surprise. They were told it was a preliminary meeting. However, the residents who attended the meeting from the area were further upset by the fact they thought Bruce Nedegaard was already approved as the developer who was going to build on the site. They felt if the developer has already been selected, then to call it a preliminary meeting was deceiving. Ms. Anderson questioned the Park Board's recommendation to the Council regarding this issue. She was told the minutes are public information and where she could obtain a copy of them. Commissioner Ericson explained the Planning & Zoning Commission's job at this time is to determine if the idea is consistent with the Comprehensive Plan. It is an acknowledgement only. Any action taken at this time by the Planning & Zoning Commission does not approve or recommend the development going forward. She explained the Comprehensive Plan is an overall land use plan for the city that was reviewed by a Committee for about 1 ½ years before being approved by the City Council, and before being submitted to the Metropolitan Council as is required. There is language in the Comprehensive Plan stating that it would not be detrimental to our Park System if the two unimproved sections of Lomianki Park were eliminated as Parkland. James Gustafson of 3712 Main Street, stated he did not think this was a suitable area for a townhouse development as it is very noisy due to the railroad. He felt it would be difficult and undesirable to live next to this. Jean Boyce of 3825 2 ½ Street, stated that she was a 34 year resident of the area. She said that not everyone in the area knew this was public park property, but if it is, it should be left as such. She feels that children in the area need to have places like this to play, and if this were parkland near the council members homes, it would be a different story. Motion by Ericson, second by Yehle, to advise the City Council they find the elimination of the parkland status for the properties at 3 701 and 3 741 California Street consistent with the Comprehensive Plan. All ayes. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF MAY 7, 2002 PAGE 5 Motion by Ramsdell, second by Schmitt, to support the future action of the Columbia Heights City Council regarding the potential sale of the properties at 3 701 and 3 741 California Street as it is consistent with the City Comprehensive Plan. All ayes. MISCELLANEOUS Motion by Yehle, second by Ericson, to adjourn the meeting at 8.'15 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary City of Columbia Heights Park and Recreation Commission April 24, 2002 THESE MINUTES HAVE The meeting was called to order by Eileen Evans at 6:32 p.m. ROLL CALL Members present: Members absent: Eileen Evans; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Keith Windschitl, Recreation Director Kevin Hansen, Public Works Director/City Engineer Jerry Foss Also present: Tim Johnson, City Planner; Lomianki Park residents APPROVAL CONSENT AGENDA: Motion to make correction of spelling from Asland to Asplundh on consent agenda and motion to approve consent agenda by Niemeyer; second by Bill Peterson. All ayes, motion carded. LETTERS AND REQUESTS: Recreation Director, Keith Windschitl, discussed the Columbia Heights Lion's Club request for a storage area located on the lower level of JPM underneath the northwest stairwell. The Columbia Heights Lion's Club would like to have the area finished off and utilized for their liquor storage. Recreation Director, Keith Windschitl, talked to the Building Official and the Fire Chief. A sprinkler head and a firewall would have to be added to this area. Motion by Niemeyer, second by B. Peterson to table the request until further investigation. All ayes, motion carded. OLD BUSINESS: There is no old business at this time. NEW BUSINESS: Commission Chairperson, Eileen Evans, discussed the current status of the property south of the developed Lomianki Park (from 37th to 38th) and whether or not it should be used for future park development. Commission Member, Bill Peterson, quoted the August 1996 Comprehensive Plan relating to Lomianki Park by saying, "Considering the nature and location of this park, the possibility of selling the north and south portions of this park would far outweigh any future development considerations. These areas are considered "dead space" and rarely ever used. If sold, the money received could be allocated in fimds specifically for park developments and park improvements." PAGE TWO Lomianki Park resident, Terry O'Brien, 3810 Main Street N.E. stated that the original intent was to use the property south of the developed Lomianki Park (from 37th tO 38th) as a picnic area. Commission Chairperson, Eileen Evans, asked how much use does the developed park get. Terry O'Brien stated that the neighborhood goes through cycles and it's coming back again where young families are moving back into the neighborhood. He also stated that the park probably doesn't get much use because of the warming house that wasn't supported for very long. Commission Member, Tom Greenhalgh, noted that the warming house has been shut down since August 1996 and there has been no one who has tried to get it re-opened. An unidentified Lomianki Park resident stated that he counted the lots on the west side of Main Street and there are 18 lots. On this property, he would like to know how they intend on building 25 to 30 homes. Commission Chairperson, Eileen Evans, informed him that the purpose for this discussion is not about what would go on the property. The purpose for this discussion is whether or not this property should continue to be recognized as park property. Also, that the City has maintained this property for 30 years and the question now is where should the dollars be spent. Lomianki Park resident, Jim Gustafson, 3712 Main Street N.E. states there is frequent use of the developed Lomianki Park during the summers. He also states that there is use on the undeveloped Lomianki Park property (between 37th & 38th). Residents have family picnics and play horseshoes. Bike riders and dog runners also utilize the space. Lomianki Park resident, Kathryn Kosa, 3732 Main Street N.E. states that it was promised by the City of Columbia Heights to be park property (between 37th & 38th), and her family has played volleyball, football, and softball back there for several years. She would like to see it stay that way. Commission Member, Bill Peterson, stated that it's possible that the sale of Lomianki Park (between 37th & 38th Avenue) would allow for money to be put money back into the City parks. Motion by Niemeyer, second by B. Peterson to recommend that the current parkland status be eliminated to allow for future development, as this is consistent with the park section of the City Comprehensive Plan. All ayes, motion carried. Public Works Director/City Engineer, Kevin Hansen, reviewed the bids for the replacement of the Prestemon Park Backstop and addition of first and third baseline fencing. The backstop would eliminate foul balls from going onto residential property. The backstop bid range was between $9,100 and $12,250. The bid range for fencing for 3~a and 1st baseline would be between $2,600 and $4,400. Fencing along the 3ra & 1st baseline would protect people walking/running on the cement trail. Century Fence Co. was the low bid. Motion by B. Peterson, second by Mayer to recommend to the City Council the Century Fence Co. proposal, as this would be the most cost effective bid. All ayes, motion carried. PAGE THREE REPORTS: Recreation Director, Keith Windschitl, informed the Commission Members that the Heights Happenings went to the printer and will be distributed within the week. The summer brochure contains summer recreation programs as well as City information. Recreation Director, Keith Windschitl, stated that there has been continued leaking in the JPM building but has been temporarily fixed by caulking the valleys and shingles. He indicated that he would be contacting a roof consultant. Recreation Director, Keith Windschitl, informed the Commission Members that Adult Softball leagues have started. Monday, Tuesday, and Thursday night leagues are full. Commission Chairperson, Eileen Evans, asked when times would end for softball. Recreation Director, Keith Windschitl, stated that game times for Prestemon Park are at 6:00 & 7:00 p.m. and game times for Huset Park are 6:00, 7:00, 8:00, & 9:00 p.m. Commission Member, Scott Niemeyer, asked if anyone had heard about the Recreation Department taking over 8th grade sports. Recreation Director, Keith Windschitl, stated at the present time we have not heard of middle school cuts to sports. Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that we have had odd weather for cutting grass. The Public Works Department is down four people at the present time. He would like any complaints referring to lack of grass cutting be forwarded to either Kevin Hansen or Lauren McClanahan in the Public Works Department. He is also anticipating a good return for seasonal staff. Commission Chairperson, Eileen Evans, informed the Commission members that the Three Rivers Park District (formally Hennepin Co. Park District) purchased the Salvation Army Camp. Three Rivers Park District met with the City of Columbia Heights to get a feeling of what the City proposes to do with Silver Lake Beach and boat landing in the future. They want to know whether the City wants to maintain the beach and boat landing as it currently exists. There may be interest in coordinating the park into their park master plan. Commission Member, Scott Niemeyer, asked when construction would be started on Central Avenue (between 37t~ & 43rd Avenue). Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that they are receiving bids until April 30th, and the construction is projected to start beginning to mid June with a substantial completion date by November 31st and final completion date of June l 5, 2003. PAGE FOUR Commission Member, Bill Peterson, asked who plants the flowers under most City signs. Commission Chairperson, Eileen Evans, stated that the Beautification Committee does most of the work. She also stated that the City is still looking for someone to maintain the flower garden at 37th & Stinson Blvd, as the Lion's Club will no longer be taking over the project, and that the City would like to put up a 'Welcome to Columbia Heights' sign somewhere in the vicinity of 53ra & Central Avenue if land can be acquired. Recreation Director, Keith Windschitl, informed the Commission Members that the fireworks show has been moved to Friday night following the parade. The fireworks display is normally held on Saturday night during the Columbia Heights Jamboree but the City will be hosting a concert that Saturday. A change has been made to the parade route due to Central Avenue construction. A map of this year's parade route is on the cover of the summer newsletter. ADJOURNMENT Meeting adjourned at 7:13 p.m. Tina Foss, Park and Recreation Commission Secretary 0 $£-~onh£n CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE 06/01/02 TO 06/01/2003 / NO: DATE: May 13, 2002 The City's commercial insurance policy was up for renewal on May 9, 2002 and the liquor liability insurance on May 23, 2002. Both policies have been extended until June 1, 2002 at the current rate with St. Paul Companies. Attached is a worksheet showing our premium costs for 2001 along with a cost comparison between St. Paul Companies and The League of Minnesota Cities Insurance Trust (LMCIT) for 2002. Currently these are only two entities writing municipal insurance contracts in this area. This year the cost of insurance through the LMCIT of $251,119 is well below the cost of St. Paul Companies at $285,618 for both commercial and liquor liability insurance. In considering the switch from St. Paul Companies to the LMCIT there are two important factors the council should consider. First, we are entering into an insurance trust whereby we pay an estimated annual premium. As this is not an insurance company but a mast, if catastrophic events occurred whereby the mast needed to pay out large amounts of money to cover claims, we could receive an additional assessment to cover any shortfall. This is not the case with a true insurance company. With an insurance company you pay a premium that covers that period of time with no liability for further assessments regardless of payouts. The second item is that for several years the City has saved hundreds of thousands of dollars in insurance premiums with St. Paul Companies over the LMCIT rates. This is the first year that the LMCIT has had a premium quote that was lower than private insurance. It appears that the LMCIT has basically held down their premiums this year to become more cost competitive with St. Paul Companies. If the cities that are with St. Paul Companies utilize this lower premium this year to switch to the LMCIT, it is foreseeable that St. Paul Companies may cease writing municipal property and liability insurance. This means that in the future the LMCIT would have a monopoly on this coverage and we would not have the altemative of selecting private insurance coverage. This is currently the situation with Workers' Compensation insurance. For years we carded Workers' Compensation insurance with private insurance companies. However, this is no longer an option as the LMCIT has a monopoly on municipal Workers' Compensation insurance and the only option now available is to carry our Workers' Compensation insurance with them. In the past, the City of Columbia Heights has recognized substantial savings through the competition of private insurance companies. Dropping private coverage to take advantage of the LMCIT's lower premium this year could eliminate that competition in the future. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with The League of Minnesota Cities Insurance Trust for commercial and liability insurance coverage. The premium for the first year's coverage from June 1, 2002 to June 1, 2003 is $251,119. WE:sms 0205132COUNCIL Attachment COUNCIL ACTION: 2001 ST PAUL 2002 ST PAUL 2002 LMCIT COVERAGES COMPANIES COMPANIES Property $44,762 $56,270 $39,374 Boiler & Machinery Included Included 5,337 Inland Marine 11,320 14,150 5,742 Employee Dishonesty 1,393 Included 1,424 General Liability 71,873 76,763 148,265 Law Enforcement Liability 21,388 26,735 Included Public Entity Liability 16,006 21,042 Included Medical Professional 4,169 905 Included Commercial Auto 48,050 No collision 55,762 $1,000 deductible 35,825 Includes collision Liquor Liability 27,193 33,991 12,471 Petrofund No Coverage Included No Coverage Included 519 Open Meeting Law Included Included 2,162 Difference of $ 34,499 CITY COUNCIL LETTER MEETING OF: MAY 28 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL :''' NO: DATE: 05/16/2002 Recently staff from Utility Billing, Public Works, and the City Manager's office have had discussions related to water shut-offs for non-payment. Here the City has basically two alternatives. One is to shut the water off for non-payment. The second alternative is to leave the water on, accumulate the outstanding bills, and certify it to the property tax statement at year-end. When this subject was last reviewed in 1984, the City of Columbia Heights was virtually the only city doing shut-offs. Since then the list of cities doing shut-offs on a regular basis has grown. Currently we have verified at least six cities, Anoka, Bloomington, North St. Paul, Moundsview, St. Anthony, and Stillwater that utilize shut-offs as a method of controlling delinquent accounts. Fees charged by these cities range from a low of $15 in St. Anthony to a high of $75 in Moundsview. Currently costs for the City of Columbia Heights are averaging approximately $50 in staff costs, without vehicle and other overhead expenses, for each shut-off. Currently we send out an average of 147 disconnect notices per month. The majority of residents who receive these notices pay their bill prior to the actual shut-off. Actual shut-offs per month averages 16. From this you can see that our program of sending out disconnect notices generates a significant amount of payments before the actual shut-off is completed. If we were to eliminate sending out these notices, it is foreseeable that the entire 147 accounts each month may go unpaid. As the City utility billing is divided into three sections, from these statistics,, it could be projected that if we eliminate the shut-off policy and sending out disconnect notices, we could have 400 to 500 unpaid delinquent accounts at year-end. It should be noted that in this area, our Utility Billing staff conscientiously works with customers to the full extent available to establish payment plans and do whatever is possible to work out payments to avoid shut-offs. The individuals who end up on the final disconnect list are usually repeat customers who are on the list every billing cycle. Staff feels that one of the principal reasons for the large number of repeats is our low turn-on, turn-off fee. Currently the total fee to have the water shut off and restored is $20. It is our recommendation that this fee be increased to $75, which will basically cover staff costs, vehicle, and other expenses involved in doing the shut-off. It is further our recommendation that this be a progressive fee, starting at $75 for the first shut-off at the property address and increasing by $25 for each subsequent shut-off. Since the vast majority of shut-offs are repeat customers, it is staWs opinion that increasing the shut-off fee could significantly reduce this situation. It also staWs recommendation that this fee be added to the bill at the time the final disconnect list is produced. RECOMMENDED MOTION: Move to waive the reading of resolution 2002-40 there being adequate copies available for the public. RECOMMENDED MOTION: Move to adopt resolution 2002-40 being a resolution Setting a Shut-Off/Turn- on Fee for Water Service in the City of Columbia Heights. WE:sms 0205162COUNCIL Attachment COUNCIL ACTION: RESOLUTION NO. 2002-40 BEING A RESOLUTION SETTING A SHUT-OFF / TURN-ON FEE FOR WATER SERVICE IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, the late payment and delinquency of utility bills by a few necessitates a shut-off that adds to the cost of the utility service which is borne by the majority of the users who pay their bills on a timely basis and, WHEREAS, the City Council desires to have an equitable distribution of costs for water utility services, BE IT HEREBY RESOLVED that the first time a property appears on the shut-off list it shall incur a shut-off/turn-on fee of $75.00 and, BE IT HEREBY FURTHER RESOLVED that each subsequent time a property appears on the shut-off list, that property shall incur an increase in the fee of $25.00. Passed this Offered by: Seconded by: Roll Call: __ day of May ,2002 Patricia Muscovitz, Deputy City Clerk 0205162COUNCII Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution 2002-39 BY: Mel Collova BY:, ~~ Declaration of Hazardous Property NO: DATE: May 13, 2002 Issue Statement: Declaration of hazardous property at 528 N.E. 47th Avenue Background: The interior and exterior of the dwelling and detached garage are in deteriorated condition rendering the structures hazardous. The City Council, by Resolution 97-34 created a fund to finance such projects with the costs being assessed to the property in the form of a special assessment. The Building Official has notified all parties having an interest in the property. The property owner has waived his rights and has given permission to the City to abate the hazard by removal of the structures and to prepare the site for a new single family dwelling (see attached waiver). This project cost is estimated to not exceed $10,000. The costs would be assessed to the property over a five year period at the interest rate specified in the Hazardous Building Statutes, eight percent (8 %). Due to the anticipated cost, approximately $10,000, of the project, the property owner is willing to assist by soliciting bids for the razing of the structures. Staffis requesting direction of the City Council to proceed with the project. Staff will review a minimum of three solicited bids for the razing of the structures and award the project to the lowest bidder. By direction of the City Council, the Mayor and City Manager will enter into a contract for the razing of the structures Recommended Motion: Move to waive the reading of resolution 2002-39, there being ample copies available to the public. Recommended Motion: Move to Adopt Resolution 2002-39, declaring the detached structures located at 528 N.E. 47th Avenue as Hazardous and direct staffto abate the hazard by razing of the buildings using PIP, funds, and furthermore to authorize the Mayor and City Manager to enter into a contract with the lowest most responsible, qualified bidder. Costs of the project to be assess to the property in the form of a special assessment payable over a five-year . period. COUNCIL ACTION: RESOLUTION NO. 2002-39 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING ABATEMENT OF THE HAZARDOUS DETACHED STRUCTURES LOCATED AT 528 N.E. 47th Avenue. WHEREAS, there are hazardous detached buildings at 528 N.E. 47th Avenue which have been vacant, unsafe longer than 90 days, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 1010 N.E. 46th Avenue is substandard and seriously deteriorated, lack minimum standards for habitable space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be abated by razing of the structure in preparation for a new single family dwelling. Conclusions of Council That all relevant parties have been duly notified of this action. That the structure on the property at 528 N.E. 47th Avenue is hazardous and in violation of many local, state and national code requirements. That the structure cannot be rehabilitated to bring it into compliance with local, state and national code requirements. That the property owner has provided the City with a waiver. Removal of Hazardous Structure Resolution 2002-39 Page two Order of Council The structures, dwelling and detached garage, located at 528 N.E. 47th Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to abate the building (30) days of the date of service of this order. The site must then be restored to a safe condition. o The City Council further orders that personal property or fixtures that may unreasonably interfere abatement of the structure shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days fi.om the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. ° The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Passed this day of ,2002 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk AUTHORIZATION TO ABATE HAZARDOUS BUILDINGS I, the undersigned Gene R. Gelhave, presently residing at 4703 N.E. 6* Street, Columbia Heights, Anoka County, Minnesota, state that I am the fee owner of record of the premises commonly known as 528 47th Avenue N.E., and legally described as Lot 1 except east 144 feet, Block 1, Columbia Heights Acres, Anoka County Minnesota, according to the map or plat thereof on file or of record in the office of the County Recorder (Register of Deeds) of the County of Anoka, State of Mirmesota; there now exists on the premises a certain dwelling and garage, which structures I agree and admit are hazardous structures as defined by Minnesota Statues, Section 463.15 to 463.261 in that they constitute a hazard to public safety and health because of age, physical damage, inadequate maintenance and dilapidation, and which structures I agree and admit must be abated by removal of the hazardous structures. I further state that no other person, firm or corporation has any right in, claim to, or lien against these premises. I further state that we do not have any resources at present to remove the structures above described and, therefore, I do hereby authorized the City of Columbia Heights pursuant to Minnesota Statutes, Section 463.151, to abate such structures and to remove the materials therefrom the premises, and to charge the costs of such as a special charge against the real estate on which the structures are situated, as provided by Minnesota Statutes, 463.151, and I waive any fight to a hearing on such assessment as well as any other objection to any failure to comply with the Statutes setting out the procedure for such assessment. I further state that there are items of personal property or fixtures on such premises in the structures, which I determine to be of any value, and I hereby authorize the City of Columbia Heights to dispose of any hazardous personal property or fixtures thereon or within the structures. The City of Columbia Heights shall have sole determination as to how the work is to be done and as to whether it is done by bid or contract or otherwise, and I release, relinquish and waive any right to any accounting of the cost or expenses involved in the razing and removal. I do further release and discharge the City of Columbia Heights from any action or cause of action, claims and demands for damages by myself or by my heirs or assigns as the result of the abasement of the structures. It is understood that the City if Columbia Heights shall be under no obligation because of this authorization to remove contents of the structure above described and that the Removal, under the terms of this authorization is subject to the approval of the City Council of the City of Columbia Heights. Page 2 Authorization 528 47* Ave. N. E. In the presence off State of Minnesota County of Anoka On this [~ dayof 20 0 2., before me appeared ~I ("-'mO__dXa-~. ~'-- Ge{ ~Ck ¥ ~ to be known to be the person described in and who executed the foregoing instrument, and acknowledge that she executed the same as their own free act and deed. Notar~ Public Stamp/Seal/Signature Comment: The City Council may remove or raze and hazardous structure to remove or correct any hazardous condition if it obtains consent in writing of all owners of record, occupying tenants, and all leinholders of record. The Council may provide for assessing the cost under local improvement code in not to exceed five annual installments, with interest at 8 (eight) percent a year (M>S. 463.151). CITY COD-NCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY M~AGER NO: COM~guqqITY DEVELOPMENT APPROV~tL ITEM: RESOLUTION 2002- 38 ORDERING TERMINATION OF WATER NO: SERVICE DATE: May 13, 2002 In the past whenever the Building Official has prepared a Notice and Order for Declaration of Hazardous Buildings, a Resolution has also been prepared for Council action. After obtaining authorization from the City Council, water sez-vice to these buildings was then turned off and City Council action was required before water service could be restored to the building. Presently there are several single-family homes and the Hardy's site that have been vacant for more than six months. Even though they are vacant, they are not considered hazardous buildings at this time, and therefore, have not necessarily had the water service discontinued. In some cases the o~rners have been cooperative in turning off the water. In an effort to minimize damage to the structure, and to provide some protection to the municipal water supply, a policy needs to be established. Occasionally when the water service is restored, there is flooding in ~he building due to damage caused by the water pipes freezing. An example of this would be 51 and University Avenue property that had more than 3 inches of water in the basement before anyone discovered the pipes had been damaged. In some cases, the water line breaks before the water meter or freezing can cause damage to the meter itself, and therefore, makes it more difficult to detect. The Buildin9 Official is recommendin9 the adoption of Resolution 2002-38 giving authorization to the Building Official to order the water service terminated for any structure that has remained vacant or abandoned for a period exceeding 180 days. The Resolution would also require that City staff be present when service is restored to inspect the interior of the structure to ensure that water leaks do no occur due to damaged pipes. RECO~94ENDED MOTION: Move to adopt Resolution 2002-38 giving authorization to the Building Official to order the water service terminated for any structure that has been vacant or abandoned for a period exceeding 180 days. COUNCIL ACTION: RESOLUTION NO. 2002-38 RESOLUTION OF TIqE CITY COUNCIL FROM THE CITY OF COLUMBIA }IEIGHTS AUTHORIZING TIZll*~ BUILDING OFFICIAL TO DISCONTINUE WATER SERVICE TO VACANT OR ABANDONED STRUCTURES WFIEREAS, there are buildings in the City of Columbia Heights that remained vacant or abandoned for a period of longer than 180 days, and WHEREAS, Minnesota Statutes 144.12; 326.37 to 326.45; Minnesota Rules requires the protection of potable water supply, and WItF~REAS, the City of Columbia Heights has the responsibility to protect the drinking water supply as contained in the Findings of Fact: FINDINGS OF FACT Minnesota Rule 4715.1900 requires protection of potable water: A potable water supply shall be designed, installed and maintained in such a manner as to prevent contamination from non-potable liquids, solids, or gases, from being introduced into the potable water supply through cross-connection or any other piping connections to the systems. Vacant or abandoned structures due to a lack of plumbing maintenance pose a high probability of contamination of the potable water supply. Past experiences with damage to the potable water systems of vacant or abandoned buildings have included foundation flooding caused by bursting pipes and or water meters. Restoration of water service to a structure without staff present inside the structure could also lead to foundation flooding, contamination of potable water, and overload of the sanitary sewer system. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, vacant or abandoned structures pose a danger to the community by contamination of the potable water supply. Conclusions of Council That protection of potable water supply is required for a safe community. Vacant or abandoned structures do pose a hazard to the potable water supply of the community. Order of Council The protection of potable water is required pursuant to Minn. Stat. 326.37 to 326.45. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby authorizes the Building Official to discontinue water service to any structure that has remained vacant or abandoned for a period exceeding 180 days. The City Council further orders that staff shall not restore the water service to such structure without the plumbing system successfully passing a safety inspection by the Building Official. The property owner is responsible for a minimum permit fee for the restoration of potable water service. The City Council further orders that the necessary costs of such action are the responsibility of the property owner of record. Passed this Offered by: Seconded by: Roll Call: day of ,2002 Patty Muscovitz, Deputy City Clerk Mayor Gary L. Peterson