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Home My WebLink AboutJune 7, 1999 Work Session Mayor CiTY OF COLUMBIA HEIGHTS Donald G. Jolly ...... J/farlalne Szurek 590 40TH AVENUE N.I='., COLUMBIA HEIGHTS, MN 55,421[ -3878 (612) 782-2800 TDD /~:.'-:.,~o~Julienne Wyckoff ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a Council Work Session is to be held in the CITY OF COLUMBIA HEIGHTS as follows: John Hunter City Manager Walt Fehst Meeting of: CITY CO UNCIL/CITY STAFF Date of Meeting: MOA~DAY, JUNE 7, 1999 Time of Meeting: 8:00 P.M. Location of Meeting: CITY HALL CONFERENCE ROOM I Consent Items 2) S) 4) S) 7) 8) AGENDA Transfer of Overtime Funds ($4,275) - T. Johnson Electrical/Lighting Upgrade of MSC Basement- K. Hansen University Avenue Backlit Street Lighting - K. Hansen Waste Oil Tank: Site Assessment Bids - K. Hansen Deflection Testing- Zone 5 - K. Hansen Bids for New Passenger Van - K. Windschitl New Chairs for Murzyn Hall- K. Windschitl Bond Referendum Assistance - K. Windschitl Discussion Items 7) S) 9) Dan Ryan - "Back to the Park" Program - VK. Fehst Mark Lobermeier of SEH (20 Minute Discussion Only) Re: Process of Ordinance To Set Up for Storm Sewer Utility MIS Staffing- B. Elrite Ordinance Regarding Thru Way Traffic, Alley to Alley - T. Johnson (Discussion) Charter Commission Applications - J. Student Proposed Changes to Chapter 5A of City Code -D. Alexon Hard Surface Parking Update - D. Alexon Councilmember Service on Boards and Commissions - J. Wyckoff Sale of 545 and 549 38th Avenue N.E. - K. Anderson Metropolitan Council Planning Grant Amendment - K. Anderson Relocation of HOg/IE Funds -K. Anderson Columbia Heights Transit Hub Plans/Design - K. Anderson The City ~f C~lumbia Heights d~es n~t discriminate ~n the basis ~f disabi~ity in the admissi~n~~r access t~~ or treatment or employment in, its services, programs, or activities. Upon request accommodation will be provided to allow individitals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handi- capped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, F~cter~on 209, To make arrangements. (TDD/782-2806 for deaf or hea~ng impaired only) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISIOiN OF' SERVICES EQUAL OPPORTUNITY EMPLOYER WORK SESSION ITEM CITY COUNCIL LETTER Meeting of AGENDA SECTION: ORIGINATING DEPARTMENT [ CITY MANAGER NO. POLICE [ APPROVAL: ITEM: NO. BY: Thomas M. Johnso~ BY: ~ ' DATE: Ma. 11,1999 ,-k.j I DATE~(Y~/ BACKGROUND: During the last week of January 1999 we had an armed robbery at the Norwest Bank at 41~t and Central Avenue. After the robbery we were approached by the Bank Branch Manager and the head of Norwest Security asking for assistance in the form of an off duty officer to work security at the bank. Since this type ofoffduty employment is handled through the Department, officers have signed up and worked this detail since February 1. On May 4, 1999, we received a check from Nor~vest Bank in the amount of $4,275. According to the City Finance Director, this money is considered revenue and had to be placed in the City General Fund. ANALYSIS/CONCLUSION: The Police Department is requesting that the City Council pass a motion requiring the $4,275 received from Norwest Bank to cover the cost of off duty officers working security at the Bank be returned to the 1999 Police Department budget, line 1020. RECOMMENDED MOTION: Move to transfer $4,275, the total amount received from Norwest Bank for offduty security worked, from the General Fund to the Police Department 1999 Budget under line 1020, police overtime. TMJ:mld 99-156 COUNCIL ACTION: ~4ESOTA, N.A. 4TH AND PLUM STREETS RED WING, MN 55066 5479 75-46/919 2024060 CITY OF COLUHBIA HEIGHTS SS0-40TH AUE ~E TR# 110 REG# O1 OP# 05/07/1999 Nis~ Reven~e ~CCOUNT#: 101.00.34~01 FIHP~CE Receiot#: 79410 ~ORWEST ~ECUR~TY GUARD PAYOR: NORWEST AHT: Tendered CHECK: ~0~4060 4~75.00 CHANGE: .00 Date 05/04/1999 Pay Amount $4,275.00'** )RED SEVENTY-FIVE AND XX / 100 US DOLLAR**** S .ICE DEPT Authorized Signature I, qOOhP, 5~: i~Ol, E?,' TOTAL: 4s~75.00 -- I~litl~l{ YOU -- r4-~9 - Any Questions: CALL 612-667~7374 OR FAX 612-667-3725 Remittance Advice HAUE I) )lICE ~H~t~i~l~g~,~,~ ...... Date Voucher ID ~ross Amount Discount Available raid Amount NB MN 990014 04/19/1999 00258067 4,275.00 0.00 4,275.00 Vendor Number Vendor Name To~! Discounts 0000035052 CITY OF COLUMBIA HEIGHTS $0.00 Check Number Date Total Amount Discounts Taken Total Paid Amount 2024060 I 05/04/1999 $4,275.00 $0.00 $4,275.00 prd City of Columbia Heights Public Works Department Work Session Discussion Item Work session date: June7,1999 xa~ Prepared by: Kevin Hansen, Director of Public Works/City Engine Item: Municipal Service Center Basement Lighting Upgrades Background: In 1999, $7,750 was budgeted to upgrade the lighting in the Municipal Service Center basement. The subject was discussed at the May 174 work session and Public Works was given authorization to seek quotes. Analysis/Conclusions: We have received three informal quotes: · Heights Electric $ 9,520.00 · Aid Electric $ 9,927.00 · Glynn' s Northeast Electric Inc. $11,013.00 The low quote is $1,570.00 over the line item budgeted amount. Staffwill monitor the budget(s) throughout the year to insure the overall Public Works budget is not exceeded. Staff recommends accepting the low quote or $9,520 from Heights Electric. Funding would be divided and taken from funds in 101-43121-5120, 601-49430-5120, 601-49450-5120 and 701-49950-5120. Requested Action: Approval to accept the low bid from Heights Electric in the amount of $9,520 to upgrade the Municipal Service Center Basement lighting. Ci_ty of Columbia Heights Public Works Department Work Session Discussion Item Work session date: June 7,1999 ~-,xtfl~ Prepared by: Kevin Hansen, Public Works Director/City Engin Item: Bacldit Street Name Signing for University Avenue from 37th Avenue to 49thAvenue Background: Backlit street name signals have been installed in 1999 along Central Avenue from 40th Avenue to 52nd Avenue. This type of enhancement is consistent with the city's goals of improving the physical appearance of the City's commercial areas. Analysis/Conclusions: University Avenue has backlit street signs north of 53rd Avenue in the City of Fridley. There are four signalized intersections along University where backlit signs could be installed: 37t~, 40t~, 44~h and 49th Avenues. The City's State Aid Construction account currently has a large balance and could easily fund the estimated $55,000 construction cost. State Aid plans would also require a registered traffic engineer to design and sign the plans so an engineering consultant would be required to prepare the plans. The work as proposed at these four intersections follows the City's goals of improving the physical appearance of the City and would provide a consistent "look" of the two arterial corridors through the City. Requested Action: Authorize the preparation of plans and specifications for the installation of backlit street signs on University Avenue from 37t~ to 49t~ Avenue and authorize the Engineering Consulting Firm of BRW to perform the necessary plan preparation. CiW of Columbia Heights Public Works Department Work Session Discussion Item Work session date: June7,1999 Prepared by: Kevin Hansen, Public Works Director/City Engin Item: Limited Site Investigation for Waste Oil Tank Removal Background: The City's underground waste oil tank was removed May 20, 1999 by Detterman Tank. A site inspection revealed minor petrolemn contamination in the soils surrounding the tank. In accordance with State rules, the Minnesota Pollution Control Agency was contacted to discuss a course of action. Analysis/Conclusions: Due to the minor amount of contamination, the PCA instructed that the existing soil be backfilled and restoration continue as originally planned. The PCA has instructed the City to conduct a limited site investigation. A proposal form with the required work scope is attached for reference. Staff has received two bids for the proposed work from Thatcher Engineering and Agassiz Environmental. Through the State Petrofund Program, 90% of the site investigation costs are reimbursable. The remaining costs may be funded by the City Refuse Fund. Requested Action: Move to accept the low bid from Thatcher Engineering in the amount of $4,777.50 for conducting a limited site investigation at the MSC with 10% of the funding appropriated from Refuse Fund 603-49950-3050. Attachment: Scope of Work REQUEST FOR PROPOSAL LIMITED SITE INVESTIGATION Columbia Heights Garage 637- 38th Avenue NE Columbia Heights, MN 55421 One 2,000 gallon, used oil underground storage tank (LIST) was removed May 20, 1999. Soil contamination was encountered above the action level in the tank basin. The water table is estimated to be 15 feet below grade. The soils are a mixture of brown and gray clay and peat. The following is the proposed scope of work to define the degree and extent of contamination. SCOPE OF WORK 1. Prepare a Health and Safety Plan. 7. 8. 9. 10. Advance four (4) soil borings to 5 feet below the water table and one (1) boring to 20 feet below the water table or the deepest measurable contamination in the tank basin. Sample soils every 2.5 feet in contaminated horizons and 5 feet in clean soils. Screen recovered soil samples for organic vapors as indications of hydrocarbon contamination with a portable organic vapor analyzer. Collect and analyze six (6) soil samples for VOC-method 465E and DRO. If any of these compounds are detected, analyze for RCRA metals and PCB's. Measure the water level in all borings. If no water is evident, leave boring open for up to 12 hours and measure the water .level. If the water table is encountered, collect and analyze groundwater samples for VOC-method 465E and DRO (up to five samples). If any of these compounds are detected, analyze for RCP~A metals and PCB's. Analyze a methanol blank and a travel blank for VOC's. Perform a petroleum vaPor risk assessment and survey. Perform a groundwater receptor survey. Perform a Delineation Decision and Remedial Action Decision at site. Include estimates for Soil Boring Drilling and Soil. and Groundwater Analysis (include estimate for 6 soil samples and 5 groundwater samples). 11. The bid should be prepared on the Petrofund "Initial Site Assessment Consultant Proposal/Invoice".' Send the bid to: City of Columbia Heights, 637 38th Avenue Northeast, Columbia' Heights, MN 55421, Attention Steve Synowczynski. CiW of Columbia Heights Public Works Department Work Session Discussion Item Work Session Date: June 7, 1999 e~~ Prepared by: Kathy Young, Assistant City Engin Item: Authorization for Braun Intertec to Conduct Road Rater Testing on Zone 5 City Streets BackgrOund: Staff has contacted Braun Intertec Corp. Inc. and obtained a quote for performing a visual and mechanical condition survey of the existing streets in Zone 5 with a Road Rater. This is a continuation of similar rating work done in Zones 1-4. Zone 5 is the area between University Avenue Service Road and Central Avenue from 44z Avenue to 48th Avenue and scheduled for construction in 2001. Analysis/Conclusions: The report from Braun will provide strength analysis and maintenance recommendations for the streets. Zone 5 has approximately 6.8 miles of local streets. The quoted cost is as follows: $1,000.00/mile plus mobilization for an estimated cost of $6,963.00. Requested Action: Authorize Braun Intertec Corp. Inc. to conduct Road Rater testing on Zone 5 streets, excluding C..S.A.H. for $1,000.00/mile plus mobilization. 45th 46th 46 1/2 47th University 4th 4th 5th 5th 6th 6th 7th 7th Washingto Washington Jefferson Jefferson Madison Madison Monroe Monroe Quincy Quincy Jackson Jackson Van Buren Van Buren Central University 4th 4th 5th 5th 6th 6th 7th 7th Washingto Washington Jefferson Jefferson Monroe Jefferson Monroe Street 333 333 333 333 332 332 332 332 332 332 332 33__~2 3,988 333 333 333 333 330. 332 66.__[7 2,661 66___~5 665 University 4th 333 4th 5th 333 5th 6th 333 6th 7th 333 7th Washingto 330 Washington Jefferson 330 CDS Monroe 46.__~1 2,453 Lenqths for Zone S Univ Serv Dr 4th 5th 6th 7th Washington 44th 45th 46th 47th 44th 45th 46th 47th 44th 45th 46th 47th 44th 45th 46th 47th 44th 45th 46th 47th 44th 45th 46th 45th 46th 47th 48th 45th 46th 47th 48th 45th 46th 47th 48th 45th 46th 47th 48th 45th 46th 47th 48th 45th 46th 47th 660 672 659 2,634 660 672 658 64.._~2 2,632 660 672 657 64~2 2,631 660 672 656 64__~2 2,630 660 672 656 .64,!, 2,629 660 664 649 1,973 47 1/2 48th Jefferson Monroe 66~5 665 University 4th 333 4th 5th 333 5th 6th 333 6th 7th 333 7th Washingto 332 Jefferson Madison 332 Madison Monroe 33__2- 2,328 Jefferson 44th 45th 46th 46 1/2 47th 47 1/2 45th 46th 46 1/2 47th 47 1/2 ~ 48th Madison 44th 45th 45th CDS 66O 656 328 328 328 328 2,628 660 485 1,145 Monroe 44th 45th 46 1/2 47th 47 1/2 Quincy 44th 45th 46th 47th 47 1/2 48th 45th 66O 656 328 329 328 2,301 660 660 Jackson 44th 45th 660 660 660 660 Van Buren 44th 45th TOTAL, FT 35,943 TOTAL, MILES 6.8 BRAUN INTERTEC May25,1999 Braun lnte~ee Corporation 6875 Washington Avenue South P.O. Box 39108 Minneapolis, Minnesota 55439-0108 612-941-5600 Fax: 942-4844 Engineers and Scientists Serving the Built and Natural Environments® Ms. Kathy'Young Assistant City Engineer City of Columbia Heights 637 -- 38th Avenue N.E. Columbia Heights, MN 55421-3878 RECEIVED 4AY 6 7999 PUBLIO WORKs Dear Ms. KathyYoung, Re: Proposed Scope of Services for Deflection Testing Thank you for your interest in Braun Intertec services. We are pleased to provide you with the enclosed Scope of Services for evaluation of streets within the City Columbia Heights of which includes the following: Proposed Scope of Services; Data Analysis Form; and General Conditions. Please complete the Data Analysis form, sign the Proposed Scope of Services, and return both to us. Additionally, when returning this information, please indicate any preferred testing dates or completion deadlines. We appreciate the opportunity to be of service to you and the City of Columbia Heights. If you have any questions or concerns about the enclosed information or any of our other services, please do not hesitate to call me at (612) 942-3041. Erland LUkanen, P.E. Director of Pavement Technologies Enclosures Ms. Kathy Young City of Columbia Heights May 25, 1999 Page 2 Braun Intertec proposes to provide the City Columbia Heights with the following: Nondestructive deflection testing will be conducted at 200-foot intervals in both travel directions on the roads selected by the City of Columbia Heights. The testing will be staggered yielding a 100-foot interval. o Analysis of all data to determine recommended spring axle load limits, effective subgrade soil strength and recommended overlay thickness or improvement design thickness. Two copies of the report will be furnished to the City of Columbia Heights. The report will include: description of the work performed; table summarizing information reported by City; table summarizing results of the testing; analysis and recommendations as requested; copies of the field data with analysis results; and profile plots of the analysis results. Items to be provided by the City of Columbia Heights on the attached Data Analysis Form: Sections to test including beginning and ending termini, and a map highlighting the sections. 2. Pavement structure (as built) and subgrade soil type. 3. Traffic volumes including any information on the truck traffic. 4. Date of surfacing or last overlay. 5. Current spring axle load restrictions. The proposed basis for the work described in the Scope of Services will be on a per-mile basis. The rate for this work is $1000 per mile plus mobilization at $163 per hour. Please sign and return this agreement to Braun Intertec Corporation. Receipt of the letter will serve as our authorization to proceed. Invoices shall be submitted on a monthly basis with payment due within 30 days of invoice date as noted on the enclosed General Conditions. Authorized by: Braun Intertec C~ Principal, Braun Intertec Corporation Accepted by: City of Columbia Heights By: Date: I:\VfPFILES'O9PROP\CLMB HGT S.WP D CITY COUNCIL LETTER Meeting of: June 14, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: REQUEST AUTHORIZATION TO SEEK BIDS BY: Keith Windschitl~ BY: FOR NEW PASSENGER VAN DATE: June 2, 1999 t tt~ NO: BACKGROUND: Staff is requesting authorization to purchase a new passenger van for the Recreation Department. $20,000 has been budgeted for a van under Fund 101-45050-5150. An additional $7,500 is available under Fund 881-45002-5150 from the Medtronic grant. Staffbelieves that both senior and youth programs would benefit from the purchase of a van. This would enable staff to transport small groups for Recreation activities without having to rent a bus. Although the van would be used primarily for Recreation needs, it would also be available for citywide departmental use. The van would be a new 15 passenger van at a cost of $21,466 from the State contract. This van has a 5.4 V8 which comes with front and rear heat and air conditioning. It also has FM stereo, towing package, and cruise control. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement to purchase a new passenger van from the State contract for the cost of $21,466 plus tax with $20,000, excluding tax, coming from Fund 101-45050-5150 and the remainder coming from Fund 881-45002-5150. COUNCIL ACTION: Admin\CC-Van CITY COUNCIL LETTER Meeting of: June 14, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL MUKZYN HALL DATE: June 1, 1999 /[" NO: BACKGROUND: In the 1998 Murzyn Hall Capital budget, there was $7,500 budgeted for the purchase of new padded folding chairs for the hall. We have not been able to make this purchase due to warranty problems we are currently working on with the company. The Adirondack Company will be sending us 104 free chairs to replace defective ones. They have agreed to sell 171 new chairs at the original price that we paid for chairs in 1996. ANALYSIS/CONCLUSIONS: We need to purchase these chairs to replace some of the existing ones. Staffis asking to re-budget the $7,500 for 1999 capital and purchase new chairs for $6,611.58. At the end of 1998, the budgeted amount of $7,500 went into the General Fund - Fund Balance. RECOMMENDED MOTION: Move to appropriate $7,500 from the General Fund undesignated Fund Balance to the Murzyn Hall budget and to authorize the Mayor and City Manager to enter into an agreement to purchase new chairs from Adirondack at a cost of $6,611.58. COUNCIL ACTION: Murzyn\CC-Chairs CITY COUNCIL LETTER Meeting of: June 14, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL tl/~ ITEM: AUTHORIZE CONTRACT FOR PROPOSAL OF BY: Keith Windschi BY: ASSISTANCE WITH BOND REFERENDUM DATE: June 2, 1999 NO: BACKGROUND: At our recent city goal setting retreat, it became apparent that one of our major goals for the City of Columbia Heights is to improve our city's facilities. The recent Recreation and Parks surveys have indicated the community supports the need of new recreational space. The multi-use center meets the criteria as it would enhance our facilities as well as our recreation programs. We have received proposals fro.m two different consultants regarding multi-use center and referendum assistance. The proposal received from Shandwick International includes a 400+ phone survey of residents regarding the multi-use center; development of public information, media relations, and strategy; and provide counsel and advice as needed during campaign. The proposal also included expenses such as postage, ads, yard signs, and direct mailings. The proposal from Shandwick International is for $30,000 to $35,000. The second Proposal was received from Ingraham and Associates. Their proposal includes the following: 1) review of survey information collected by city staff to determine the level of support for a bond referendum; 2) assist the city and citizen task force in finalizing their selection of projects to be included in the bond referendum; 3) prepare concept plans for selected priority projects in order to illustrate what residents will get for their money; 4) prepare educational materials, camera ready public information brochures, and press releases; and 5) attend several meetings with staff, Park and Recreation Commission, and citizen task force during the bond referendum planning process. The proposal from Ingraham and Associates is for an amount not to exceed $9,500 plus reimbursable expenses estimated at $300. In speaking with both consultants, staff recommends the proposal from Ingraham and Associates due to their recreation background and experience with referendums. Additionally, staff feels that Ingraham and Associates would provide the City of Columbia Heights with excellent personal service in regard to working with the community on this very important issue. RECOMMENDED MOTION: Move to appropriate $9,800 from the General Fund undesignated fund balance to the Mayor and Council budget and authorize the Mayor and City Manager to enter into an agreement with Ingraham and Associates for the Park and Recreation Bond Referendum Assistance Proposal dated May 24, 1999 at a cost not to exceed $9,800 with funds from 101-41110- 3050. COUNCIL ACTION: Admin\CC-Bondrefproposal FROM SHANDWICK May 26, 1999 (WED) 5. 26'99 14:32/$T. 14:30/N0.4860196331 ? 2 Shandwick 8400 N'ormandale Lake Boulevard, Suite 500 Minneapolis, Minnesota 55437 Telephnne: 612-832-5000 Facsimile: 612-831-8241 Walt Fehst City Manager Columbia Heights 590 40t' Ave. NE Columbia Height, MN 55421 Dear Walt: I enjoyed meeting with you and your team last week. Since then I have had a great success in idenlifying Colmnbia Heights graduates, revised my budget estimate and have had an extremely helpful conversation wkh Bill Morris of Decision Resources, Inc. Columbia Heights Graduates at ~Thandwick International First of ali, hcre are thc graduates of Columbia Heights Schools that work for Shandwick; Kim Polzin, 1975 graduate and classmate of city council member Julie Wykoff. Ki,n is a vice president here at Shandwick. Miehcle (Kaminski) Miller, 1989 8Iaduate of Columbia Heights. Mich,le is a Senior Account Executive. While these graduates are not in my public affairs group, they will be great resources for me as we develop our plan. Revised Budget After meeting wltl~ you la.~t week, I have revised my budget estimate as indicated below. To help meet your budget, 1 will assign the best qualified team at appropriate billing rates to work under my direction. The following budget makes several assumptions: Use of existing ¢ommunicatlon vehlcle:;- i.e. newsletters, public £orums. letters, mailings, public announcements, etc. ' Development of a plan that would be largely implemented by city staff- Shandwick would provide counsel, advice and editing. However, project management- buch as printing of newsletters attd public information mailings would be handled by others. FROM SHANDWICK (WED) 5. 26'99 14:32/ST. 14'30/NO. 4860196331 P 3 Columbia Heights - page 2 · There will be a citlzcn's action group 'that will provide volunteer advocacy and be responsible for community meetings, yard signs, calling, etc. Revised Columbia Heights Budget - 5126/99 Research - Decision Resources Bid · 400-plus telephone survey w/residents Counsel -- · · · $8,000 (Decision Resources) $! 2,000 - $15,000 Develop overall public information, grassroots and media relations strategy & plan Provide counsel on strategy on regular basis Provide counsel and advice a3 needed during campaign Edit and review materials (Note: does not include attending weekly plarmmg meetings) Expenses ® Postage · Ads · Yard signrdmailinga/post cards/direct mail pieces, etc. S10,000 Total $30,000 - $35,000 Decision Resources, Inc. From my conversation with Bill Morris I learned that Dcoision Resources did the polling for the Columbia Heights school bond referendum that passed last December. In fact, Bill believes he has done a total of 2 to 3 school bond referendum polls for the Columbia Heights school district. Thus, he knows the district very well. 1 asked Bill several of the questions you posed to me. Your questions and his responses: FROM SHANDWICK (WED) 5.26'99 I~:33/8T. 14:30/NO. 4860196331 P 4 Columbia Heights-page 3 How much should be bond referendum be? Bill recommends $36 to $40 added the average annuaI property tax bill - nothing over $50/year increase for the average homeowner. What's the best month? December. Bill has a 100% succes.q rate on referendum in December. What would Decision Resources cost? $8,000 was what Bill quoted me for a quality of life and referendum survey. This will provide ym~ with information about all city services including those covered by the referendum. And, Bill emphasized the need for a communications plan to coincide with your upcoming referendum, l-lc based this on his past work in Columbia Heights and his knowledge of the objections that residents will raise. City Experience Finally, as I was driving back to my office from our meeting I realized all the city work that we have do,e that I forgot to mention. Here's a quick synopsis of Shandwiek's recent work with cities: · St, Paul - We are currently working with the Mayor's office on a downtown development issue. Rochester - We worked closely with the city of Rochester and the Mayo Clinic in opposing a coal train that has been proposed to travel through the heart of this city. · Minnetonka- We continue to advise this city on an ad hoc basis on communications needs and most recently worked with city staffon the city's deer population problem. · Brooklyn Park- We've helped Brooklyn Park develop key messages and establish strong working relationships with the media surrounding some potentially controver.qial issues. · Brooklyn Center- Our work with Brooklyn Center has centered around building community support tbr city initiatives. · Edina - We developed a communications campaign to help local business owners pau~ a liquor referendum. The referendum passed with 69°/'0 of the vote. · Crystal - Although it was not as recent, we did work with the City of Crystal to help staffproperly position a city bond referendum to build a community center. The referendum passed with approximately 59% percent of the vote. Walt, I hope this answers the questions you had about Shandwick and our experience. Vie are very excited about the possibility of working with you. We believe you FROM $HANDWICK (WED) 5. 26' 99 14'33/ST, 14:30/N0. 4860196331 P 5 Columbia tteights- page 4 would have an outstanding team in place with Shandwick and Decision Resources, Inc. Please call me if you have any further questions. I look forward to hearing from you soon. CC: Dave Mona May 24, 1999 City Planning Landscape Architecture Park Planning g Oesign .{and Use Planning Keith Windschitl Parks & Recreation Director City of Columbia Heights 530 Mill Street Columbia Heights, MN 55421 ' Re: Park and Recreation Bond Referendum Assistance Proposal Dear Keith: : Thank you for taking the time meet with me to discuss Columbia Height's recreation facility needs. Based on the discussions, I am pleased to submit this proposal to assist the city in analysis, prioritization, budgeting and public communication efforts for a potential bond referendum. Our experience with recreation bond issues, citizen task forces, park financing, municipal park management, public communications and park and recreation improvement costs will help ensure a well-defined, appealing park and recreation bond package. Our proposal envisions formation of a citizens task force to help define and promote the bond issue. We will work with staff, 'the Commission, City Council and the task force to define the content of the bond referendum projects and to help prepare public educational materials (brochures, flyers, etc.) by the city and educational/advocacy materials for the task force. We are committed to providing the highest quality service at a reasonable rate. We look forward to working with you on this exciting project. If you have any questions about the proposal contact me at (612) 377-2500. Sincerely, Greg Ingraham, President and Park and Recreation Planner 2659 Dupont Avenue South Suite 100 Minneapolis, MN 55408 (612)377-2500 t~top/~one (6t2)377'1010 City of Columbia Heights Recreation Bond Referendum Consulting Services Proposal between the City of Columbia Heights and Ingraham & Associates, Inc. Columbia Heights Park and Recreation Bond Referendum - PlanninE Assistance and Coordination General Scope: Ingraham & Associates Inc. will assist the City of Columbia Heights with planning the content, structure, strategy and promotion for a park and recreation bond referendum designed to fund a recreation center addition. Depending upon budget and strategy, neighborhood park improvements may also be included in the referendum. Approach: Work with city sm'fi, the Parks and Recreation Advisory Board, a Park Bond Task Force (to be formed) and the City Council to help define the scope of the bond referendum project and the best presentation and positioning methods to ensure a successful referendum. Scope of Services and Products: This work will be accomplished through the following actions: Citizen Public Opinion and Organization - "Test the waters andget the ball rolling" Ingraham & Associates (I & A) will review the survey information collected by staffto determine the level of support for a bond referendum. The results will be summarized to help guide decisions regarding the scope and content of the referendum. We will use our experience from other communities to help determine the voter acceptance of bond funding amounts. Project Prioritization - "What's in the referendum?" I & A will assist the City and Citizen Task Force in finalizing their selection of projects to be included in the bond referendum. The decisions will focus on the scope and design of a gymnasium addition and which neighborhood park improvements (if any) that should be included. The scope of the referendum will be designed to appeal to a variety of user groups and to meet identified recreation needs. A broad appeal will help attract a wide range of voter support. Concept Designs & Cost Estimates - "What will the projects look like?" and "How much will it cost?" I & A will prepare concept plans for selected priority projects in order to illustrate what residents will get for their money and to allow more accurate cost estimates and budgeting. The concept plans can be used for public information and promotional efforts and to illustrate the products of the bond referendum. The refined cost estimates will assist in the selection of projects to include in the referendum and will be a critical issue with decision makers and voters. City of Columbia Heights Recreation Bond Referendum Public Information, Positioning and Promotion - "Get the word out to voters" We will prepare educational materials, a camera-ready public information brochure, press releases and exhibits. If desired, we can also provide direction for voter contacts (calling circles) and other project information and get-out-the-vote efforts. Voters must fully understand what the referendum means, why it is needed, what it costs, what they will get if it is approved and what the consequences are if it is not approved. Project Management and Public Meetings - This work includes participation at up to eight meetings with staff, the Park Commission and/or the Task Force during the bond referendum planning process. Additional meetings or work beyond the defined scope (at prior City direction) will be charged according to the hourly rate schedule. Consulting Fee Estimate and Schedule: The above scope of work will be completed at a not-to-exceed consulting services amount of $9,500.00. Reimbursable expenses (materials and mileage) are estimated at $300.00 and will be charged at cost. Printing and mailing of brochures, etc. are the responsibility of the City or the citizens task force. Our work will be completed in a manner to allow a late Fall, 1999 referendum vote. Project Team: Greg Ingraham Wendy Anderson Project Manager, Principal Park Planner and Landscape Architect Park Plaimer/Graphic Designer Hourly Rate $80.00 $65.00 Summary: Ingraham & Associates, Inc. is uniquely qualified to assist and coordinate the planning and voter education for Columbia Heights park and recreation bond referendum. We are familiar with the city park and recreation system and with municipal recreation bond referendums. Our park planning and public communications experience and personal service and commitment will result in a successful referendum. We look forward to working wkh the city on this important step for the Columbia Heights recreation system. 2 City of Columbia Heights Recreation Bond Referendum Project Authorization: Ingraham & Associates Inc. is authorized to begin work on the Columbia Heights Recreation Bond Referendum according to the scope of services and schedule described in this proposal. This agreement may be terminated with 30 days prior written notice by either party or for non- performance. Payments to Ingraham & Associates are due within 30 days of receipt of a monthly invoice. for Columbia Heights, Minnesota , 1999 Why choose Ingraham & Associates? Experience with Municipal Bond Referendums · Bloomington $ 3.75 million park bond referendum · Shakopee $ 5.0 million park bond referendum · Advisors - White Bear and White Bear School District, Mounds View School District Public Communication Experts · Park and Recreation Promotional Material · City Public Opinion Surveys · Park and Recreation Needs Assessments and Financing Surveys Strong Park and Recreation Planning and Financing Skills Park & Recreation Planning Consultants UpPer Midwest Communities - Bloomington, Dayton, Eagan, East Grand Forks, Eden Prairie, New Brighton, Shakopee, MN, Bismarck, ND Park Needs and Financing Studies and Recommendations ~ Alton, Arden Hills, Bloomington, Dayton, Mounds View, New Brighton, Shoreview and White Bear Lake Knowledge of Columbia Heights and Park System · Greg Ingraham - former resident of St. Anthony Village Ingraham & Associates. In~ (612) 377-:2500 2659 Dupont Avenue South, Suite 100 Minneapolis, MN 55408 FAX (612) 377-1010 Greg Ingraham, RLA Experience 1996 - present Ingraham & Associates, Inc. President, Park Planner and Landscape Architect Provide consulting park planning and design services to public and private sector clients. Focusing on comprehensive park and trail system plans, master plans, park and playground design and specifications, facility needs analysis, landscape architecture, park dedication ordinances, citizen involvement, and community public opinion survc3~s. Specializing in creative solutions and personalized service. 1990 - Present University of Minnesota Lecturer- Urban Studies Depar~nent 1985-1996 City of Bloomington, Minnesota Manager of Parks and Recreation Senior Planner 1979-1985 Assistant Planner CityofEagan, Minnesota Landscape Architect Urbanscope Planning and Design, Inc. Education & Affiliations Masters of Business Communication, University of St. Thomas School of Management Bachelors of Landscape Architecture, University of Minnesota Registered Landscape Architect (CLARB national certification) Minnesota Parks and Recreation Association Board of Directors Certified member of American Institute of Certified Planners (AICP) American and Minnesota Planning Association Accomplishments Prepared Park Comprehensive Plans for Afton, Dayton, Eagan, Ne~v Brighton and Shakopee, Minnesota. Managed the Bloomington Park Facility Needs and Financing Study, which resulted in commitment of $4.1 million for park capital renovation projects. Managed the Bloomington Parks Department, consisting of 150 staff members, an annual budget of $2.9 million and a capital budget of $1.5 million. Directed 60 recreation programs and coordinated services for 93 parks encompassing over 3,500 acres. Provide park planning and design services to the cities of Afton, Dayton, Eden Prairie, Hanover, Eagan, East Grand Forks, New Brighton, Shakopee, Minnesota and the Mounds View and White Bear Lake Schbol District. Ingraham & A.sso~ates, Inc. 2659 Dupont Ave. Suite 100 Minneapolis, MN 55408 (612) 431-4401 FAX 431-4602 Wendy Anderson Expel~nce Education & Affiliations Projects May 1998-pres. Ingraham & Associates, Inc. Park Planner Provide park and recreation design services to public and private sector clients. Work focuses on playground design, trail design, park master plans, landscape design, construction documents, specifications and project management. 1997-1998 Wheaton Park District - Wheaton, Illinois Park Planner All phases of park planning including design, specification preparation, project management. Focus on park and playground design and renovation. 1996-1997 Parks and Recreation Division - Bloomington, Minnesota Park Planner Park planning and design, including playground design, contract supervision, construction documents, and specification preparation. 1995 City of Edina, Minnesota Landscape Assistant Golf course care including planting design, implementation, and maintenance. 1994 Baker Nursery - Fargo, North Dakota Landscape Designer Residential and commercial landscape design and plant sales. Master of Landscape Architecture, University of Minnesota Certified Playground Safety Inspector Academic Award Fellowship, University of Minnesota American Society of Landscape Architects Midwest Institute of Park Executives National Recreation and Park Association Minnesota Parks and Recreation Association AutoCad Release 14, AutocadMap, and HydroCad Girard Lake Park, Bloomington, Minnesota Valley Vicw Play Area, Bloomington, Minnesota Brighton Play Area, Wheaton, Illinois Central Play Area, Wheaton, Illinois Presidems Park, Wheaton, Illinois TO: FROM: DATE: RE: CITY OF COLUMBIA 1TEIGHTS MAYOR AND CITY COUNCIL WALT FEHST, CITY MANAGER APRIL 5, 1999 EXAMPLE OF PR EFFORTS ON BEHALF OF THE CITY OF BROOKLYN PARK Attached are copies of information received from Carole Blowers on my behalf at the April 1, 1999, meeting of the "Come Home to the Park" program. I think you will find this similar to what might be needed by the City of Columbia Heights with regards to PR efforts. As I have advised you in the past, realtor Dan Ryan, who was one of the initiators of the program, has agreed to come and speak to the City Council at a work session in the near future (I suggest April 19~) to elaborate on some of the items that are attached for your review. If you have any questions, please don't hesitate to call. Attachments INFORMATION ON BROOKLYN PARK'S "COME HOME TO ~ PARK" PROGRAM I was asked by the City Manager to attend a "COME HOME TO THE PARK" meeting in Brooklyn Park on April 1, 1999, at 7:30 a.m. The "Come Home to the Park" program is a community partnership which was formed to counteract the negativity of media coverage of their city by promoting positive aspects of the city's quality of life, activities, etc. The following are notes of that meeting, as well as additional information provided to me by the part-time Coordinator of their program, Lisa Green. TODAY'S MEETING ITEMS: Today's meeting covered the following items: - Discussion of the Dick Koop Golf Classic (May 24, 1999) at Edinburgh USA, and review of brochure which will be sent throughout the community to invite their participation. (Note: Dick Koop was one of the founding members of"Come Home to the Park" and owner/manager of Koop's Super Valu.) This event is being done to raise funds. - Report on the submission of their All-America City Award paperwork. - Report on the Heritage Festival and Kids' Fair Activities. - Discussion on the Tater Daze float. - Presentation on "Come Home to the Park"-history, projects, membership, etc. to me. BACKGROUND OF THE PROGRAM: The Brooklyn Park "Come Home to the Park" program is a community-wide partnership that inspires and recognizes the good things that enhance the city's image, quality of life, and community pride. The program is a non-profit, publicly supported, charitable corporation. It was organized exclusively for charitable purposes, including making distributions to organizations that qualify as exempt organizations. Their mission statement is: "Come Home to the Park" is a community-wide partnership that acts as a catalyst to inspire and recognize the good things that enhance the image, quality of life, and pride in Brooklyn Park. Meetings are usually held monthly at City Hall. The meetings are structured, with an written agenda, minutes, and a monthly treasurer's report provided. The public is invited and encouraged to attend meetings. There are 13 Directors in this corporation. Six of the directors are staffwith the City of Brooklyn Park, with no more than two directors from any one department. Seven of the directors have an interest in the City of Brooklyn Park and are involved in the city via churches, schools, businesses, social service, community organizations, as residents (single or multi-family), etc. Terms are for one year and begin on January 1~. Officers are elected for two year terms fi-om the slate of directors. Please see attached bylaws for "Come Home to the Park" for further detailed information covering these items as well as Voting Rights, Compensation, Duties of Officers, etc. I asked how it was determined who from city staffwould be directors. I was informed that a representative from Police, Community Development, Park and Recreation, Finance, and the City Council were imperative. Also, if your city has a Communications Coordinator, they should be a director. Most important, the City Manager should be a director, and the City Manager needs to be a visible, consistent leader of the group to keep things going. Dan Ryan, another founding member of"Come Home to the Park", provided me with more history of the program fi-om its inception. Mr. Ryan explained that in 1992, several people in the community (business people and citizens) started talking and meeting about doing something about the negative image of Brooklyn Park that was getting a lot of media attention and the concerns that negativity generated. They then approached the city about their concerns and asked what could be done about it. Terry Troy, a Brooklyn Park apartment owner (not a resident of Brooklyn Park) was instrumental in the program. The formal program was formed in 1993. They received funding from the Council and the private sector. They hired a public relations firm and staffto assist with the program. They used a public relations firm up until about three years ago. They identified a logo/theme/image. The PR firm assisted with news releases, press coverage, TV media, etc. Soon the program became the communication point of all groups that exist in the city (Rotary, Lion's, churches, real estate agents, etc.) The main points Mr. Ryan pointed out about the program were: - the program cannot be politically influenced or politically involved. - political candidates cannot use the logo on their campaign brochures; however, that is the only restriction. - city staffmust endorse the program. - you need to have a competent coordinator to keep it all together. - a report is made monthly to the Council on activities. - the committee is not an advisory one to the Council, and no one is appointed by the Council. He also stated that the program needs people who: WANT to be involved. are downright mad about the "bad" light negative publicity has put the city under. feel ownership of their city and want to correct misunderstandings about their city. want to make something happen without personal benefits. want to work for the betterment of the community as a whole. aren't necessarily residents, but say are landowners, for example, in the city. Mr. Ryan told me personally that he would be available to attend a Columbia Heights work session in the future if the council would be interested in talking to him further about this program. I have asked Lisa Green to provide us with some cost information relating to the public relations firm they used. As of this date, I have not received that information from her. ATTACItMENTS: Agenda for April 1, 1999, Come Home to the Park Meeting Dick Koop Classic Brochure Come Home to the Park Bylaws 1999 Come Home to the Park Priorities 1998 Come Home to the Park Accomplishments Brief Review of Accomplishments/Results since 1992 "Pride in the Park" Flyer O,W of COME HOME to the.Pa A Proud cornrnu, nity In Adion Come Home to the Park Meeting Agenda Thursday, April 1, 1999 Approve March minutes II. Treasurer's Report · III. Staff Report a. Golf Tournament b. Ali-America City Award/Heritage Festival/Kids' Fair c. Tater Daze d. Dick Koop recognition IV Guest:. Carole Blowers, Administrative Secretary, City of Columbia Heights We will present to her the history and practice of the Come Home to the Park committee 5200 85zJ~ Awn~e Norzh · Brooklyn Park, Minnesota 55443 · 612-493-8013 · Fax 493-8391 Bylaws for Come Home to' the Park ARTICLE !' NAME The name of the Corporation shall be: Come Home To The Park ARTICLE !1 LOCATION The registered office address of the corporation is: In the county of Hennepin. 5200 85~ Avenue North, Brooklyn Park, Minnesota 55443-4300 Section 1. Section 2. Section 3. Section 1. ARTICLE !11 STATEMENT OF INTENT Come Home To The Park is a community wide parmership that acts as a catalyst to inspire and recognize the good things that enhance the image, quality of life and pride in Brooklyn Park. Come Home To The Park is a non-profit, publicly supported, charitable corporation, organized under the Minnesota non-profit corporation act, and Section 501 (c)3 of the Internal Revenue Code. Come Home To The Park is organized exclusively for charitable purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 (c)3 of the Internal Revenue Code, or the corresponding section of any future federal tax code. ARTICLE IV BOARD OF DIRECTORS COMPOSITION OF THE BOARD AND TERMS Management of the corporation shall be by a board of Thirteen (13) directors, at least seven of whom shall be residents of the city of Brooklyn Park. Directors shall be selected from the following areas. Six directors shall be staff with the city of Brooklyn Park, no more than two directors shall be from any one department. Seven directors shall have an interest in the city of Brooklyn Park and shall be selected from the following areas of interest: church, school business, multi-family, real estate, social service, community organization, and residents. Terms shall begin on January 1st, and be for one year or until their successor assumes office. Page 1 of 6 Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. SELECTION OF ELECTION OF THE BOARD At least 60 but no more than 90 days before the annual meeting, the President shall select two directors to serve with him/her as a nominating committee. The committee shall try to nominate candidates that represent the broadest range of interests of the city of Brooklyn Park. The committee shall be charged svith presenting a slate of candidates for directors and officers. The committee shall present its' recommendations to the board at least 30 days before the annual meeting. Election of the new board of directors shall take place at the annual meeting in accordance with Section 4 of this Article, and Article VIII, Section 1. REGULAR AND SPECIAL MEETINGS Regular meetings of the board may be called, by the President, at such times, places and frequency as deemed necessary to carry on the business of the corporation. The calling of a meeting by the President at a meeting with a quorum, and notification of absent directors by phone, is considered adequate notification. Special meetings of the board may be called, by any director, by giving five days written notice to all directors of the date, time, place, and purpose of the meeting. QUORUM AND VOTING RIGHTS A majority of current directors is a quorum is necessary to act. A quorum is determined at the beginning of a meeting, and is maintained regardless. All directors shall have one vote. Proxies may be authorized under Article IV, Section 5. PROXIES Directors shall have the right to appoint proxy. Authorization shall be submitted in written form to the Secretary and shall be in person. The proxy authorization shall list the person or persons to whom proxy is authorized, if proxy is authorized for more than one person their proxy rights shall be ranked. Proxy authorizations shall expire upon the delivery of a new authorization, or at the end of the directors tenn. COMPENSATION Directors serve without compensation, except actual expenses incurred, which must be validated, accompanied by receipts, and approved by the board. The board must approve any compensation paid for services rendered to the corporation. REMOVAL OF DIRECTORS A director may be removed at any time, with or without cause, by a two-thirds majority of the board. FILLING OF VACANCIES The remaining members of the board, though less' than a quorum, may fill the vacancy. Page 2 of 6 Section 1. Section 2. ARTICLE'V OFFICERS ELECTION AND TERMS OF OFFICERS' Election of Officers shall take place immediately after election of the board at the annual meeting. The nominating committees' slate, if not approved unanimously, shall not be elected, and officers shall be elected in the following order: President, Vice President, Secretary, Treasurer; according to Roberts Rules of Order. Terms shall begin on January 1st and be for a 2 years or until their successor assumes office. In 1999 the President and Treasurer will begin to serve 2 year terms; in the 2000 the Vice President and Secretary will begin to serve 2 year terms. A director who is compensated for professional services rendered may not serve as an officer. DUTIES OF OFFICERS President. The President Shall: 1. Have general active management of the business of corporation; 2. When present, preside at meetings of the board; 3. See that orders and resolutions of the board are carried into effect; 4. Sign and deliver in the name of the corporation deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of the corporation, except as provided by law or the bylaws/articles; 5. Present each year, at the annual meeting, an annual report; and 6. Perform other duties prescribed by the board. Vice President. The Vice President Shall: 1. Be primarily responsible for oversight of all fundraising activities 2. Perform the duties of the President in his/her absence; 3. Succeed to the presidency upon a vacancy in that office. Treasurer. The Treasurer Shall: 1. Keep accurate financial records for the corporation; 2. Deposit money, drafts, and checks in the name of and to the credit of the corporation in the banks and depositories designated by the board; 3. Endorse for deposit notes, check, and drafts received by the corporation as ordered by the board, making proper vouchers for the deposit; 4. Disburse corporate funds and issue checks and drafts in the name of the corporation, as ordered by the board. 5. Upon request, provide the President and the board an account of transactions by the Treasurer and of the financial condition of the corporation; and 6. Perform any other duties precribed by the board of the President. Secretary. The Secretary Shall: 1. Maintain record§ of and, when necessary, certify proceedings of the board; 2. Have charge of all corporate books, records, minutes, and papers; 3. Be the keeper of the corporate seal; and 4. Perform any other duties incident to this office and/or prescribed by the board. Page 3 of 6 Section 3. Section 4. Section 5. Section 1. REMOVAL OF OFFICERS An officer may be removed at any time, with or without cause, by those directors eligible to elect the officer. FILLING OF VACANCIES The Vice President shall succeed the President, all other vacancies shall be by Presidential recommendation with board approval. DELEGATION OF DUTIES An officer may, upon notification of the board, delegate some or all the duties and power of an office to other persons. An officer who delegates the duties of powers of an office remains subject to the standards of conduct for an officer with respect to the discharge of the delegated duties and powers. ARTICLE Vi EXECUTIVE COMMITTEE The Executive Committee shall consist of the following persons; President, Vice President, Secretary, and Treasurer. The Executive Committee shall act for and on behalf of the corporation when the board is not in session but shall be accountable to the board for its' actions. ARTICLE VII EXECUTIVE DIRECTOR The board may employ an Executive Director to assist in administration of the corporation. The board may confer upon the executive director such powers as deemed necessary for him/her to ensure performance of responsibilities. Any employment agreement must be in writing, be approved by the board, and comply with other applicable provision of the bylaws. ARTICLE VIII ANNUAL MEETING AND REPORT ANNUAL MEETING The annual meeting shall be called by the President and take place in November. Directors shall be given at least 30 days notice of the date, time, and place of the annual meeting. The agenda shall include the following items in this order: 1. Annual Report 2. Election of directors to fill the board. Nominating committee recommendation first. 3. Election of officers. Nominating committee recommendation first. A vote on the Nominating committee recommendations, if not unanimous, shall not be adopted, and the issue shall be decided, by secret ballot, according to Robert's Rules or Order. Page 4 of -6 Section 2. Section 1. Section 2. Section 3. Section 1. Section 2. Section 3. ANNUAL REPORT Each year at the annual m~eting the President shall present, in writing, a report which summarizes the corporations activities for the year, this report will include a financial summary and should include a list of challenges facing the corporation, and recommendations on how to best address those challenges. A copy of this report shall be given to the directors. ARTICLE IX COMMITTEES The President, with board approval, may appoint the chair and members of such committees as deemed necessary to carry out the activities of the corporation. The chair of a committee, with committee approval, may appoint the chair and members of such subcommittees as deemed necessary to carry out the activities of the committee. Committee members need not be directors of the corporation. The actions and activities of all committees and subcommittees, and their members, are subject to approval of the board. ARTICLE X PROHIBITIONS No part of the net eamings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III, Section 3. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on by: A. A corporation exempt from federal income tax under section 501(c)3 of the Internal Revenue Code, or the corresponding section of any future federal tax code, or; B. A corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the 'corresponding section of any future federal tax code. Page 5 of 6 Section 1. Section 2. Section 3. ARTICLE Xl DISSOLUTION Dissolution shall be carried out in accordance with the Minnesota nonprofit corporation act, and any other provision of this article. Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c)3 of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of bya Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine which are organized and operated exclusively for such purposes as expressly set forth in Section 2. ARTICLE Xll AMENDMENTS TO THE BYLAWS Amendments to these bylaws must be approved by a two-thirds majority of the board. Directors shall be given 10 days advance written notice of the time, place, and date of the meeting and a copy of the proposed amendments to the bylaws. Amendments shall take effect upon approval. The following articles/sections of the bylaws are part of the Articles of Incorporation and must be amended in accordance with Article XIII. Article I; Article II; Article XI, Sections 2 & 3 Article III, Section 3; Article X, Sections 1-3; ARTICLE Xlll AMENDMENTS TO THE ARTICLE OF INCORPORATION Amendments to the Article of Incorporation must be approved by a three-fourths majority of the board. Directors shall be given 10 days advance written notice of the time, place, and date of the meeting and a copy of the proposed amendment(s) to the Articles of Incorporation. Amendments to the Articles of Incorporation shall become effective upon proper delivery to and acceptance by the applicable state and/or federal entities. Page 6 of 6 - COME HOME to the Park' A Proud Community In Action Come Home to the Park 1999 Priorities · Increase the community's sense of involvement as active parmers in Come Home to the Park. · Increase efforts to recognize positive community activities. · Continue to write Points of Pride for local Sun-Post · Organize the 4th Annual golf tournament in partnership with the Brooklyn Community Chamber6f Commerce to raise $10,000 from community. · Redecorate 1998's Tater Daze parade float and include community partners · Increase our involvement in Tater Daze activities (ie. Staff a concession stand at the carnival.) · Increase our involvement in the Heritage Festival. · Fully implement Policy Governance Model. · Encourage and support community beautification and decorating. 5200 85th Avenue North · Brooklyn Park, Minnesota 55443 · 612-493-8013 · Fax 493-8391 Come Home to *the Park 1998 Accomplishments Communications: Hewsletter: Development and ongoing production of Come Home to the Park newsletter inserted bi-monthly into the City newsletter. Featured in 1998: * Brooklyn Park Lions, * Brooklyn Park Rotary, * Healthy Community-Healthy Youth, * Brooklyn Park Women of Today, * CEAP, * Gateway Business Alliance, * BPCO, * Star of the North Games, * Brooklyn Park Crime Prevention Association/Neighborhood Watch Groups, * Brooklyn Park Seniors, * Make A Difference Day, * League of Women Voters, * Brooklyn Historical Society, * Spruce Up The Park, * Brooklyn Park Lions/Rotary community service project, * Community Kids: Youth Leadership Teams. The newsletter also features a community events calender. Northwest Cities Broadcast: Developed with Kirsten Poore at Northwest Community Television; a five minute informational show about Come Home to the Park and community partners. :30 second Come Home to the Park Public Service Announcement (PSA): Developed a TV commercial featuring Come Home to the Park and asking people to get involved in community. The commercial features a: 10 second tag at the end to advertise community events and opportunities for involvement. We bought three prime time advertising spots per week on Northwest Community Television and received ten free public service announcement placements per week. Community Resource Directory: Produced one page about Come Home to the Park and a two- page spread featuring community partners to be inserted into the Community Resource Directory which is available free to Brooklyn Park residents. City Council Reports: Monthly reports to City Council. We invite a community partner to give a report thereby giving them exposure to the community. Guest column for Brooklyn Park Sun: Written three guest columns featuring Acts of Kindness Award, Kids' Fair, and Make A Difference Day. Awards: Acts of Kindness Award: An award piggybacking on the Governor's Acts of Kindness award. We honor the recipients at the city's annual volunteer recognition party and send in all entrants to the Governor's contest. Make A Difference Day: Recognize and promote Make A Difference Day activities in Brooklyn Park and offer awards. In 1998 over 1,400 people participated in 15 projects. Events: Heritage Festival: Developed with Discover the Center a quiz about the history of Brooklyn Park and Brooklyn Center. Staffed a booth at the Festival. Kids' Fair: In absence of a Brooklyn Park Healthy Community-Healthy Youth coordinator, coordinated Brooklyn Park organizations and businesses to demonstrate 12 of the Search Institute's 40 Developmental Assets. Several committee members demonstrated Asset #9: Service to .Others. Tater Daze/Star of the North Games Parade Float: Decorated a float with Star of the North and Home Depot to roll in the Tater Daze parade. Won third place in amateur division. Float is stored and available for use in future years. Golf Tournament: 52 golfers enjoyed nice weather, great golfing, great food and various ranges of prizes at Edinburgh USA on June 29. Fun day, mildly successful fund raiser. National Night Out: Several committee members piled into Dan Ryan's van and visited neighborhood parties and handed out Come Home to the Park informational materials. Spookacular: Staffed (along with Brooklyn Park Healthy Community, Healthy Youth coordinator) a table at the Park and Recreation Halloween party. Had kids sign their names to cards carrying the Come Home to the Park logo and taped them up on the wall. Also had coloring materials available for kids who wanted to relax. Our table was surprisingly popular with approximately 250 kids signing cards and coloring. We thought that next year we would have a coloring contest. Come Home:to the Pank A Community Wtde ,Public-Pm,ate Partner~h~a In 199-, a group of concerned business and commflnity leaders began me,ting with City staff' and elated leaders to design a response to a.growing crisis in Brooklyn Park. c~ The media had stigmatized the community as an unsafe and economically troubled area, r~ Any attempt to prbmote the City's positive assets was immediately drowned out by a single example of minor crime. (ex. The opening of the - -- center wiped offth~ news by a robber on a bicycle in a neighbors garage). Crime statistics showed Brooklyn Park to be numbm' 3, behind only Minneapolis and Brooklyn Center in numbers of criminal incidents per 1,000 of populafi .~n. The community was antagonistic toward and distrustful of elected officials and city staff. Property values wire falling and for sale homes were listed for extended periods " Apartments wereldeteriorating physically, resident selection was weak, crime was rising and foreclosures were happening at over 30% of the Cities 6,000 aging mulfifamily housing units. Attempts to overcome the problems, both real and perceived were unsuccessful.. An Initial Strateg~':..Admit and Commit .~ After months ofmeet~gs, it was decided that the only strategy that would work was to Admit and Commit. Any attempt to saying something "good" without acknowledgir~g the "bad" Was dismissed by the media and the public. ~ Admit we had a p~oblem, both a real one and one of perception. ' ~ Commit to doing ~hat ever it to°k t0 solve the problem. ~ Safety was jot~ °nc: nothing else woUld help iffpeople didn't feel safe P Commit to a r~w vision of our City: The Safest m/bst Attractive COmmunity anywhere! ~ ~a~egy w~ name~. Come Home to the Park Next Step: Bring ~t to the People On ....we began the ~f~rst of - community meetings to bring the statement of the problem and new ~trategy to th~ community. Over -- local citizens, home owners, community l~aders, business owners, employees, elected officials and City staff met for a a~.'ies of meetings, The result was that the effort was officially adopted as ,a 4 pronged strategy to address the probI~ms and to heal them. The ~mmunity de~ided that it was necessa~ to unde~ake ~e f°ilowmg 4 stmteg~s: ~ Prosped~ for Mi ~ P~de u Commitment ;' : What they said is that it is necessary to enroll everyone in solving our problems, both real and perceived. Every community organization, every homeowner, every element of government, would be part of this new community partners.~ip. , What we saw was that an enormous number of good things were happening ~lready as individuals and groups sponsored projects of safety (ex. Neighborhood watch) and beautificatit~n (ex. Shingle Creek clean up) and Pride (ex. Tat~r Daze) and economic development (ex. EDA partnershiPs to redevelop existing apartments). What was missing was: = City Identity as V'~ell as Sponsor Identity ~' = Sufficient Promotion and PR to help insure the Projects Success We needed to ask everyf~ns to flytbe come H0me to the Park flag as an umbrella over their project, in addition to the Identity of the sponsoring organization and the event name itself. That way, every good thing that happened in our City reflects glory on the whole Community in addition to the sponsoring organization This is also the way for e~eryone to s~gnify their partnership in this common effort to f'~ the real and pemeived I~oblems in their City. Come Home to the Perk is a Partnership and it need~ everyone as a Partner. To Sponsor and undertake Projects that contribute to the Safety and Attraction of our Community, particularly in the area of one of the 4 Strategic Directioas. To indicate their partnership with the larger community and our common commitment by us/ag the Come Home to the Park logo and banner in their projects, To network and communicate regularly, in order to encourage and inform one another on our Projects and our progress. To in fact be aA Proud Community in Action". 5 To Enroll every in ,d, ividual and organization in our City as a committed Partner with everytone else in our community: ~lTzis lob is too big and too important for ent,~, ine }ess than all of Os, To encourage and support- our partners as they SPonsor Projects that fall under one of the 4 tdirections by: ,, P Holding perio~c n~ working meeting.s as may be desired. P To be an information resource for event information, membership and fund raising. Preparing a community resource manual. To provide PR for:l~artners as Sponsors of Projects, both to help insure their success as a Sponsering organization and to reflect, credit on the ,co. mmu~litv as a whole. :~ To Promote our C~y and it's real and perceived attraction to our own dtizens and to the larger community as well. : P To track our City'~ progress in each of the 4 areas. To communicate r~,gularly with our Partners, both as a listener for their concerns and an a./ivocgte for the community. 'Asion. To do the job of (;mating this safer more attractive community: That job is too big for any i~dividuai or any group, it needs a partnership of all of us. ,/ The committee,' is a facilitator and a catalyst, not the direct doer of the job. v' No one alor{e,i~ven.the City officials, staff, the largest employer or most powerful com~uni~ group .... no one alone can get the job done. To take funds, vqlluntaem or credit away from other Partnering organizations (o~to s .upply funds or volurffeers). · / We are commi/tted to enrolling and empowering everyone in the larger vision and mi .SSion and strategy for success. We are dedicated t;o our City's success through successful events and projects spons~ored by our successful Partners. 6 ~' The cause and v' everyone · " everyone ~i · ," everyone -," every corr for their ev, To be ex(~lusive c the beneficJary .of flqis success is YOU:' rno owns a home or a business, ,ho cams what people think about where they Five or work, ~o cares about their families safety and success, ~unity organization in need of more volunteers or publicity ints. "to be seen as some kind of elite and unresponsive organization. -/ it has been sai~l that any project can succeed if no body cares who gets the credit (or h~s ~control"). The bigger the Project the l~uer this is. This is an enormous l~roject_ v' Everyone is wi!come. Everyone is needed; To confuse the Come ~ome to the Park Comm~o~ with the Come Home to the Park Partnership, is l~e confusing the Viking cheerlea~em with the Viking team. They don't get the job/~one and don't get or deserve the credl, the team You are the team. : Brief Revie~ .. · of AccomplishmetltS and Results Community leaders approached city council to fix problems wi~h crime, rental/housing, deteriorating commercial business district and poor media image. Public-private partnerships formed to identify key issues and create solutions. Public-private multi-housing partnerships formed (Property 'Managers), renovation projects began, ordinances passed to revise rental standards. 1993 Formed a formal committee and by-laws. Hire public relations firm and staff to manage campaign. Identified logo/theme/image. Developed promotional, video with Dave Moore. Received funding/support from Council and private sector. Held community rallies to identify community vision. Received media attention city-wide about campaign. (! 993 'continued) Neighborhood Crime Watch program. Organizes more than !00 neighborhoods. Serious crime beginning to drop. Unique Community Resource Center launched to assist residents with resources in housing, employment, medical care, recreation. City ranked 3rd in the state for economic development. 1994 Implemented Community Vision and Strategic Directions. Met With Governor and top aides to show model. Begin to educate real estate industry of Brooklyn Park. City awarded Innovative City of the Year for Come HOme to the Park. Home sales and market prices beginning to increase. Market time for housing sales drops by two weeks. Developed Keep It Going Video to report progress. Held fund-raising luncheons/meetings to promote Come Home to the Park and solicit Support. . Post office broke ground., influenced by community action. S~t strategic direction of committee, f6r 1995. City ranked second in ~'he state for Economic Development. $6 million in renovation approved to redevelop the city's central business district along Brooklyn Boulevard City leaders and staff are sought out for creative solutions to community initiatives. 1995 Developed brochure to help groups understand Come Home to the Park. Received negative media coverage about city's direction and turnover. Talked to City Council regarding media and direction of Come Home to the Park. Co-hosted real estate forum to educate real estate agents and developers about City. Hired new public relations firm. Raised $18,000 in funds from private sector. MOre groups are c°ntgcting-Come'Home to the Park to connect with each other. Sold Come Home to the Park merchandise. I/'olunteeris, m is uj9. Z Z THE FUTURE. WHAT WILL LIFE IN BROOKLYN PARK BE LIKE BECAUSE PROGRAM= 'OF THIS 'Citizens who are concerned about the problem have a way to ' participate in a real solution. - School kids who now leave town after ~raduation will stay in the safer town they helped create. Police as the leaders and key resources to the program have a greater sense of appreciation and ownership of their and their jobs. Neighborhoods strengthen and their enthusiasm attracts Outsiders and keeps potential movers from leaving town. More and better customers for growing local business. People who work in our town "Come Home To The Park" instead of commuting from homes in other communities. Apartments fill and'the quality of the resident improves. Home prices rise $10-15,000 on the average. Tax revenues to the city grow with growing values of homes, apartments and business. Community pride multiplies. Neighboring communities copy us and our unique model of a public - private partnership giving citizens new ownership in their community. Presented By: COME HOME to the Park° A Proud Community in Action Monday, May 24, t999 Edinburgh USA Brooklyn Park When: Monday, May 24, 1999 Where: Edinburgh USA 8700 Edinbrook Crossing Brooklyn Park, MN Format: Classic Scramble ITINERARY: 11:30-1:00 PM Registration Lunch (on your own) , Driving Range 12:30 PM Shot Gun Start 6:00 PM Dinner, Awards, Prizes According to the IRS tax code a portion of your golf and/or sponsorship fees are to be considered as a normal business expense, and are tax deductible. If you have any questions about the Dick Koop Classic please call: (612) 566-8650 or (612) 493-8013. "~ o?co~,'~ The Brooklyn Community Chamber of Commerce is an association of business people and other individuals working together to enhance and improve the economic and civic vitality of our community. The Chamber provides education, referral and information services to our community and individuals wanting more information about the cities that we serve. COME ~~__ HOME t~ t/~ Par/c° A Proud Community in Action In 1993 community leaders formed a partnership called Come Home to the Park. Representatives from businesses, churches, organizations and schools, as well as residents and city officials met to identify local challenges. A detailed plan was developed to promote the city, and to link resources and needs with organizations and individuals. The Come Home to the Park program is not owned by the city or any special group. It is a city-wide partnership acting as a catalyst to improve and promote the image, quality of life and pride in our city. There are many opportunities to get involved. Call (612) 4934013 for more information. THANK YOU To OUR MAJOR SPON~: ~"~ AMCON Construction Coldwell Banker Burnett Iten Chevrolet & GLO Living Word Christian Center Marquette Banks Pearl Baths Inc. Real Estate Equities HOLE IN ONE CONTEST Try your expertise and luck to win: Pearl lIThirlpool Bath Courtesy &Pearl Baths, Inc. or a 1999 Chevrolet Cavalier Courtesy of Iten Chevrolet & Geo 1VI~YOR ARSOGAST'S PuTr~G CONTEST Always a golfer's favorite, try your skill or luck. Hit the "Super Putt" and win a prize. PRIZES 1st Place Team $300.00 2nd Place Team $200.00 3rd Place Team $100.00 Door Prizes Galore! Edinburgh USA is listed as one of the 100 best courses by Golf Magazine and Golf Digest. Support your community and have a great time. Proceeds fi.om the Koop Classic will go to help the coordinating organization's community programs. Dick KooP CLA Sponsorship Registration Form I would like to be a sponsor of the Dick Koop Classic Location: Date: Edinburgh USA 8700 Edinbrook Crossing Monday, May 24, 1999 Please check one or more of the following: I would like to sponsor: __ $ 50 - Putting Contest __ $150 - Hole Sponsor - Tee or Green $500 - Refreshment Cart __ "Hole In One Sponsor" __ I will donate a prize or gif[ certificate Sponsor's Name: Address: City: Phone: Contact: Zip: Fax: Methods of Payment: (For Golf and/or Sponsorship) Check Visa/MC # Exp. Date: Signature Payment must accompany Registration DICK KooP CLASSIC Golf Participants Registration Form Cost: $135.00' $ 25.00 Dinner only Includes: * 18 Holes of Golf, Cart, Dinner, Refreshments and Golfers Goodie Bag Nalile: Address: City: Zip: Phone: Fax: Name: Address: City: Zip: Phone: Fax: Name: Address: City: Zip: Phone: Fax: Name: Address: City: Zip: Phone: Fax: Payment Must Accompany Registration Send to: Brooklyn Community Chamber 5701 Shingle Creek Parkway, Ste 360 Brooklyn Center, MN 55430 Richard "Dick" Ko When Koop's Super Valu closed its doors in February 1999, it was a sad day for Brook- lyn Park. Sad because Brooklyn Park lost one of its most active conmmnity support- ers. Dick Koop not only owned and managed ibc Super Valu with his brother Tom, hc made giving back to the community part of his master plan. Dick has been active with the Property Managers Coalition, the Site Council at Northview Junior High, North Henncpin Vocational Career Days, Gateway Business Alliance, Brooklyn Community Chamber of Commerce, Brooklyn Park Business & Community Development Association and was one of the founding members of Come Home to the Park. He loved working with students and helping them learn how to interview and what it takes to survive in business. He also be- lieved in the importance of being a good corporate citizen. "The success of the business community in grassroots efforts is wonderful," tie once said. "t enjoy working with people outside my normal arena. Here, city employees, citizens and business people work together for a common cause." Dick truly practiced what he preached. The Come Home to the Park committee and the Brooklyn Community Chamber of Commerce named this golf tournament after Dick Koop in honor of his tremendous community service. Thanks, Dick for all you've done! COME HOME to the Park ': . . to shine a spotlight on the good things happening in and around our community and the people who make them happen." · Dan Ryan, resident, past president History In 1992, a group of concerned business and community leaders began meeting with city staff and elected leaders to design a response to a growing crisis in Brooklyn Park. The city's reputation in the media and in surrounding suburbs seemed to focus on the negative aspects of life in Brooklyn Park, and neglected the positive. In 1993, community leaders formed a partnership, called Come Home to the Park. Representatives from busi- nesses, organizations, churches and schools, as well as residents and city officials/ staff met to identify the problems. A detailed plan was developed to promote the city, and to link resources and needs with organizations and individuals who could help to bring about change. That fall, the Come Home to the Park Committee rallied hundreds of residents and business leaders to develop a common agenda. After six community-wide meetings, participants agreed on a vision and four strategic directions. Much has already been accomplished and exciting things are yet to happen because volunteers from the community have committed themselves to expanding and enhancing this partnership well into the 21st century! Board of Directors In October, 1994, Come Home to the Park became an official non-profit corporation. Management of this corpora- tion is accomplished by a board of 13 directors, at least seven of whom are residents of the city. Six directors are city staff members. Purpose of the Board Membership: to enroll each individual and organization in our city as a partner. · hold regular meetings to provide an opportunity for partners to communicate and support one another · be a resource for event information, fund raising, membership, etc. Internal Public Relations: to promote our city to our own citizens. · regularly communicate with citizens through print media · provide a means by which citizens may express their opinions · encourage our partners by recognizing their contributions. Tracking and Reporting: keep records of participation and expenses. · compile statistics relative to the four strategic directions · deliver regular reports to the city council Mission · The Come Home to the Park committee's mission is tO act as a catalyst to inspire and · recognize the good things that · enhance the image, quality of · life and pride in Brooklyn Park. · The committee's action plan · concentrates on these four strategic directions: · [] Achieving Safety through · Accountability · Building Community Committment · Enhancing Community Pride · Building Prosperity for Everyone Come Home to the Park is not political, it does not focus on the negative, it does not focus on the past and it does not take credit or recognition away from other groups or individuals. ~h_¢_opp~rtunlties and ~ ~eg~s fo~ Brooklyn Park ~b]$for any one of u;, ~gL~t' too r us. pridd committee,. ~l, or eve~ the community work and we can : y~Troy- .' ~~'~ Estate ,Egui_ti_es. City of Columbia Heights Public Works Department Work Session Discussion Item Work session date: June 7,1999 \q3~ Prepared by: Kevin Hansen, Public Works Director/City Engine Item: Storm Water Utility Background: The City has obtained the services of SEH to assist us with the development o£ a Storm Water Utility. Attached please find a project schedule, detailed project approach, Ordinance and City Policy Approach, Public Improvement Approach and Model Storm Water Utility Ordinance. Mark Lobermeier of SEH will be present to discuss the process to set up a storm water utility, project schedule and ordinance development. Upon review of the City Council and City Attorney the enabling ordinance will be scheduled for a regular Council meeting(s) for consideration later in June or July. Information presented herein is for discussion purposes. Staff is not requesting formal action at this time. Attachments: Project Schedule Detailed Project Approach Ordinance and City Policy Approach Public Improvement Approach Model Storm Water Utility Ordinance MEMORANDUM 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110-5118 651.490.2000 800.325.2055 651.490.2150 FAX TO: FROM: DATE: RE: Kevin Hansen Mark Lobermeier June 3, 1999 Storm Water Utility - Council Work Session SEH No. ACOLHT9901.00 · As discussed, I am forwarding materials to you for your review relative to the June 7 Council work session regarding proceeding with the storm water utility. The packet information includes a project schedule, description of public involvement approach, discussion of the enabling ordinance/independent rate setting City policy approach, a description of the report deliverable, a typical rate listing and a copy of the project approach section from our proposal. Please review the attachments. We are looking forward to the work session with Council on June 7. C:\O FFIC E~WOR K\WO RD P E R FNMARK~ RO J ECIS\COLHTS~xIS EN60.W P D Short Bliott Hendrickson Inc. · Offices located throughout the Upper Midwest · l. Ve help.you plan, desig~, and achieve Equal Opportunity Employer Project Schedule Columbia Heights Storm Water Utility 1999 '00 Tasks Jun Jul Aug Sep Oct Nov Dec Jan I. Work Session · June 7 Meeting II. Ordinance Development III. Data Collection IV. Needs Assessment V. Funding Options VI. Preferred Options ~ VII. Program Variables VIII. Variable Decision Meeting · July 21 Work Session IX. Rate Structure X. Administrative Aspects XI. Implementation Plan '~-~ XII. Report Preparation ,· .. August 7 Work Session XIII. Adopted City Policy/Rates ~..· October 11 XIV. Public Involvement XV. Billing System Modification XVI. Begin Billing January 3, 2000 Project Approach The storm water utility project has two primary goals: 2. utility. Establish the legal basis for the utility through an adopted City ordinance. Development of an "implementation" report that will spell out how to implement the Utility revenues will help supplement MDNR funding of 8 project areas identified in the 1998 storm water study. With the smaller size of the City and the magnitude of the problem, the utility will be used to finance storm water bonds rather than fund a "pay-as-you-go" program. Legal Basis At the outset of the project, we will present ,a model ordinance for consideration by legal council. The intent of the ordinance is not to establish the rate structure, but rather to establish Council's ability to establish a utility fee system. The rate structure will follow the ordinance, in the form of City Policy. The policy will be more easily amended in the future if the rate structure should change. SEH used this process twice in 1998 in Owatonna, Minnesota and in River Fails, Wisconsin. In Owatonna, Council adopted the SEH prepared model, ordinance and policy. In River Falls, we worked with the City attorney to develop the language of the ordinance. Council later adopted the SEH prepared policy. Implementation Report The implementation report will build on work already completed by the City and will provide the basis for Council's decision to implement the utility. It will also be a key document to provide information to the public on the proposed program. The report includes a preliminary capital improvements program (based on work completed by City staff and during the 1998 study), rate structure, and billing options. Lastly, the report identifies the tasks and cost related to implementation of the utility. The report will stop short of identifying specific fees for each individual parcel. The report will, however, identify projected fees for 10 'Or more land use categories and calculate total potential revenues by tabulating the number and size of parcels for each land use category in the City. Scope of Services Our scope of services will consist of the following: Ordinance Development A. Present Model Ordinance B. Discuss Language with City Attorney C. Present Draft Ordinance for Council Consideration D. Finalize Ordinance E. Council Adoption II. Data Collection, Preliminary Investigation, and Needs Assessment A. Meet with City Staff to Collect Existing Information 1. City Planner 2. City Engineer 3. City Administrator B. Investigate Information Regarding Billing System C. Meet with County to Obtain Applicable Property Information !11. Develop Needs Assessment and Mission Statement A. Review Areas of Immediate Concern to the City (1998 study) B. Define Existing Infrastructure Maintenance Needs IV. V= Eo List Proposed Capital Improvements Identify Comprehensive Planning Efforts (Comprehensive Plan and Local Storm Water Management Plan) Discuss Current Methods of Financing Develop an Overall Mission Statement for the Project Identify Storm Water Management Related Budget Items A. Potential Expenditures 1. Planning 2. Inventories 3. Monitoring 4. Capital Improvements 5. Equipment 6. Personnel 7. Public Education 8. Administration 9. Land Acquisition 10. Grantsmanship 11. Maintenance 12. Professional Services 13. Federal, State and Local Programs 14. Legal (ordinances etc.) 15. Debt Service 16. Other Funding Programs 17. Development Review Bo C. D. E. Current Budget Items (to be supplied by City) Ongoing Public and Private Projects (to be supplied by City) Backlog Projects (to be supplied by City) Future Expenditures (Estimated by SEH) Evaluate Financing Options (Standard Text) A. Ad Valorem Taxes B. Special Assessments C. Building Permits, Land Development Fees and Land Exaction D. User Charges E. Grants ' VI. VII.' Recommend Preferred Financing Options (Standard Text) A. Viability B. Advantages and Disadvantages C. Key Elements D. Who Else is Using this Approach? E. Legal Considerations, Including Recent National Utility Challenges Define A. B. C. Program Variables Budget/Required Revenue Duration of CIP Land Use Basis (source of land use and parcel data, and quantified land use/area/parcel data breakdown) Rainfall Basis (how rainfall is used in the rate determination) Specific Policy Issues (which land use categories will pay what amounts) 1. City-owned Property 2. Ponds and Wetlands 3. Agricultural VIII. G. H. I. 4. Undeveloped 5. Other Public Property 6. Tax-exempt Parcels 7. Railroad 8. Duplexes and Four-Plexes 9. Condominiums and Townhomes Exemptions Credits Appeals Process Billing Process Public Involvement Facilitate Decision(s) Process for Each Program Variable in VI. A. Prepare Issue/Decision Sheet for Each Variable B. Distribute Issue/Decision Sheets for City Staff Review C. Conduct Meeting with Project Stakeholders to Discuss Each Program Variable and Related Issues D. Facilitate Consensus Decision for Each Variable Public Involvement Approach Prior to deciding whether or not to implement a utility, a public involvement program is usually developed in an effort to measure public acceptance. The storm water utility concept will succeed if it has complete public understanding and support. Additionally, the decision makers and the public must understand the benefits to be derived from such a program. Options include the following: Surveys and Articles A survey can be the first place to test the waters for a utility. Articles in existing utility billings and in the local newspaper can also help explain the program. This "spreading the word" aspect cannot be over emphasized. Unless community acceptance of such a program exists, ample time should be set a side for the public information program. Special Mailings Most communities have developed special promotional mailings to introduce the utility concept to the community. These procedures vary from very simple to elaborately printed documents. Typically, the mailings outline the need for the program and typical charges by property classifications. In some cases, these promotional materials have been used to announce upcoming informational meetings. Informational Meetings Community leaders can interface with the general public at informational meetings designed to explain the reason behind the utility and how the utility will impact individual properties. An example format would involve a late afternoon/early evening open house followed by a formal presentation. Public Hearing A public hearing is held for final consideration of the utility. The hearing represents a formal opportunity for citizen input prior to Council action adopting the utility ordinance. Ordinance and City policy Approach The next step involves drafting a final ordinance to provide the legal basis for implementation of the utility. The legal basis for the utility should be an ordinance and corresponding City policy. The general approach for the utility ordinance is for Council to consider an enabling ordinance which establishes the City's ability to establish a storm water utility and set rates. The rates themselves would be set by City policy, not by the ordinance itself. The model ordinance differs from some of the more common ordinances in that it establishes a mathematically basis behind the fee system, supported by standard engineering practices. The ordinance establishes the storm water utility, and outlines the following: Calculation of utility fees; Credit system; Exemptions; Payment of fee; The corresponding City policy would establish the actual rates. Implementation of the utility should closely follow the adoption of the ordinance and policy statement regarding the utility. The utility would take effect following the public hearing, with fees payable as part of the next utility billing cycle. 00. Model Storm Water Utility Ordinance 00.010. General Operation. The City storm water system shall be operated as a public utility (hereinafter called the storm water utility), pursuant to Minnesota Statute Section d~,d.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. 00.020. Definitions. Utility Factor. Utility Factor The utility factor is defined as the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches for an average single-family residential, assuming a 2-inch rainfall and Natural Resources Conservation Services (NRCS) "Type B" soil conditions. Storm Water Utility Fee The storm water utility fee is defined as the annual charge developed for each parcel of land. Monthly Storm Water Utility Revenue The monthly storm water utility revenue is the estimated monthly expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the storm water utility, in accordance with established City policy. 00.030. Storm Water Utility Factors. The Storm Water Management Fee shall be determined by first determining the percentage of total runoff in the City which is attributed to single-family residential property. The fee per acre for single- family residential is computed by computing the product of the runoff percentage and the Monthly Storm Water Utility Revenue, divided by the estimated total acres of single-family residential land use in the City. The per acre fee for all other individual parcels shall be defined as the product of the single-family residential per-acre fee, the appropriate utility factor and the total acreage of the parcel. Single-family residential parcels shall be assessed on a per household basis. The utility factors for various land uses are shown in the following table. Utility Classification Land Use Factor I Single-Family Residential 1.00 2 Medium Density Single-Family Res 1.30 3 Single & Two-Family Residential 1.92 4 Townhouse 2.22 5 Medium Density Residential 2.72 6 High Density Residential 3.30 7 Residential Business 3.30 8 Neighborhood Business 3.75 9 Community Business 4.23 10 Central Business 4.23 11 Light Industry 3.30 12 Heavy Industry 3.74 13 Industrial Park . 3.30 14 Planned Unit Development 1.92 15 Mobile Home, Mfg. Housing PUD 3.30 16 Agricultural EXEMPT 17 Airport EXEMPT 18 Road Right-of-Way EXEMPT 19 Open Water EXEMPT 20 City Park Property EXEMPT 00.040. Credits. The Council may adopt policies, by resolution, for adjustment of the storm water management fees. Information to justify a fee adjustment must be supplied by the property owner. Such adjustments of fees shall not be retroactive. Credits will be reviewed regularly by a staff committee. 00.050. Exemptions. The following land uses are exempt from the storm water management fee: Public Road Right-of-Way · Lakes · Wetlands City Property 00.060. Payment of Fee. Storm Water Utility Fees shall be billed every month with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer utility bills. Any prepayment or overpayment of charges shall be retained by the City and applied against subsequent fees. 00.070. Appeal of Fee. If a property owner or person responsible for paying the storm water management fee believes that a particular assigned fee is incorrect, such a person may request that the fee be re-computed. 00.080. Penalty for Late Payment. Each billing for storm water utility fees not paid when due shall incur a penalty charge of ten percent (10 percent) of the amount past due. 00.090. Certification of Past Due Fees on Taxes. If any two three consecutive storm water utility fees have not been paid when due, then a penalty as set forth on Section 00.080, shall be added to the amount due. Any such past due fees may then be certified to the County Auditor for collection with real estate taxes on the following year pursuant to Minnesota Statutes Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Model City Policy Policy Statement All properties within the City of shall contribute to the Storm Water Management Utility in an amount proportional to the runoff contributed by each particular parcel. Exemptions Street and Highway Right-of-Way - Street and highway right-of-way shall be exempt from all charges. Lakes - Lakes listed by the Minnesota Department of Natural Resources as Natural Environment Waters, Recreational Development Waters or General Development Waters shall be exempt from all charges. Wetlands - Wetlands on all nonresidential property which are not part of a formal storm water management system and which are maintained in a natural state shall be exempt from all charges. City-owned Property - All City-owned parcels, including park land and easements, will be exempt from all charges. Fee Basis Land Use - Land use for determining storm water utility fees shall be the existing land use at the date of enactment of the Storm Water Utility Ordinance. As land is developed, or redeveloped, the fees will be re-computed based on the revised land use. If downstream facilities (storm sewers, ponds, etc.) have been developed in anticipation of future development, undeveloped property shall be treated as fully developed. Soils - Natural Resources 'Conservation Services (NRCS) ~ Type B soils shall be assumed for determining the runoff index (CN) in the revenue equation. Rainfall (P) - A 2-inch rainfall will be used in the revenue equation. Runoff Indices (CN) - The runoff indices for the property classifications are as follows: Runoff Index Classification Land Use (CN) 1 Single-Family Residential 72 2 Medium Density Single-Family Res 75 3 Single & Two-Family Residential 80 4 Townhouse 82 5 Medium Density Residential 85 6 High Density Residential 88 7 Residential Business 88 8 Neighborhood Business 90 9 Community Business 92 10 Central Business 92 11 Light Industry 88 12 Heavy Industry 90 13 Industrial Park 88 14 Planned Unit Development 80 15 Mobile Home, Mfg. Housing PUD 88 16 Agricultural EXEMPT 17 Airport EXEMPT 18 Road Right-of-Way EXEMPT 19 Open Water EXEMPT 20 City Park Property EXEMPT Revenue Equation - The revenue equation for computing the runoff volume (Q) shall be based on the runoff equation in the Soil Conservation Service (SCS) National Engineering Handbook Section 4 - Hydrology. The equation is as follows: Q = (p-0.2s)2 P + 0.8s where S = (1000/CN) - 10 and P = 2" Credits Storm Water Utility 'fees may be adjusted under the conditions stated below. It shall be the responsibility of the property owner to provide justification for the fee adjustment. Credits must be applied for by (date) of the year preceding the year in which the credit is to be considered. Storm Water Retention - If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the storm water management fee wilt be reduced by a percentage equal to that percent of the parcel which produces no external runoff. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. Low Income - The storm water management fee will be waived for any property owner with income which is or below an established minimum income for the year prior to issuance of any charges. This credit must be applied for each year. This credit shall consider the County's established general assistance level. Property Under-utilization - If it can be demonstrated that a parcel's existing land use is developed to a lower density than assumed in the fee determination, and that no downstream improvements have been constructed based on potential development of the parcel, a reduction in fee may be considered. Water Quality Facility - Those parcels having facilities constructed specifically for the purpose of water quality enhancement may be eligible for a credit. The credit will be based on the removal efficiency of the facility. The property owner shall provide the calculations demonstrating the phosphorus removal efficiency of the facility. The credit will be equal to 60 percent of the phosphorus reduction percentage. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. Adjustment of Fees Storm Water utility Fees will be adjusted under the following conditions. Revision of Storm Water Utility Revenue - The estimated expenditures for the management of storm water shall be revised at a frequency determined by City Council. The fees will be adjusted accordtttgty and wit[ roi[ow established City procedures for this adjustment of utility (water and sewer) rates. Application for Credit - The City shall establish and utilize a credit application form for consideration of fee reduction. It is the responsibility of the property owner to apply for a credit. Change in Developed Condition of Parcel - In the case of residential ldroperty, the revised utility rate will take effect immediately following occupancy of the dwelling. With all other development, the revised utility rate will be applied as soon as drainage/water quality features are developed. Report Outline FINANCING COLUMBIA HEIGHTS' STORM WATER MANAGEMENT PROGRAM USING A Table of Contents Executive Summary ........................................ 1 Storm Water Management Program .......................... 5 Financing Alternatives .................................... 13 Implementing Your Utility ................................. 24 Fee Basis ................................................. 28 Implementation ........................................... 36 Model Storm Water Utility Ordinance ...................... 40 Columbia Heights Storm Water Utility ..................... 43 Proposed City Policy ...................................... 43 Conclusions and Recommendations ......................... 51 References ......................... 2 ...................... 53 Appendix A: Implementation Items ......................... 55 Appendix B: Legal Considerations ......................... 61 Appendix C: Typical Questions ............................ 63 Typical Rates Residential Commercial Industrial Charge Charge Charge Community Per Month Per Month Per Month Bloomington 2.60 17.94 5.98 Roseville 1.46 22.10 7.37 B urnsvitle 0.72 9.39 3.13 North St. Paul 1.35 17.53 13.38 Vadnais Height~ 1.50 12.08 9.43 S horeview 1.65 13.83 4.61 Eagan 1.52 7.28 2.43 Shakopee 1.15 17.22 5.74 Fridley 0.58 8.75 2.92 Richfield 2.40 12.00 4.00 White Bear 1.00 30.00 10.00 Township Woodbury 2.50 · 9.17 3.06 Centerville 0.67 2.00 0.67 Eden Prairie 0.84 21.89 14.82 (1) Residential assumes ~A-acre lots (2) Cost per acre. C;kissuepap.602 CITY COUNCIL LETTER Meeting of: JUNE 14. 1999 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ADMINISTRATION __,/~/,~ APPROVAL ITEM: INFORMATION SYSTEMS BY: LINDA MAGEt~r, zT~ ' k,. BY: DEPARTMENT STAFFING DATE: 6/4/99 ~/ ' ~"--DATE: NO: In the early 1990s the City created a data processing department to capture and account for certain data processing expenses. This primarily included outside consultant services to establish and maintain various aspects of the system along with minimal equipment upgrades. Over a period of time, it became very clear that hiring consultants to do all of our maintenance work was not cost effective. Subsequently, in March of 1995 our first MIS Coordinator was hired. This position did a significant amount to enhance and improve the use of PCs throughout the City. In October of 1997 a second position was added, enabling the department to catch up on the tremendous backlog of work and to provide significant additional benefits to employees, primarily in the area of equipment maintenance and structured ongoing training in the use of PCs and software. With the resignation of Ed O'Donnell, it was decided to look at restructuring this department. As a result, staff is now recommending replacing the two MIS Coordinator positions with two new positions, an Information Systems Director and an Information Systems Technician. This structure will allow us to better fulfill our needs, will allow for a more cost effective operation, and will allow us to establish salaries at the outside market rates without significantly increasing the overall departmental budget. The 1999 and 2000 adopted ranges for MIS Coordinator are: Entry 6Month 1 Year 2Year 3 Year 1999 $3,281 $3,392 $3,504 $3,616 $3,728 2000 $3,395 $3,511 $3,627 $3,742 $3,858 The two new positions have been evaluated based on the Hay job evaluation system. Based on this evaluation, our current compensation plan, internal equity, and external comparability, staff recommends establishing the following monthly salary range for 1999 and 2000 for Information Systems Director and Information Systems Technician: Entry 6 Month 1 Year 2 Year 3 Year Information Systems Director 1999 $3,934 $4,069 $4,203 $4,337 $4,471 2000 $4,072 $4,211 $4,349 $4,488 $4,627 Information Systems Technician 1999 $2,765 $2,859 $2,953 $3,048 $3,142 2000 $2,862 $2,959 $3,057 $3,154 $3,252 RECOMMENDED MOTION: Move to establish the 1999 and 2000 salary ranges for the positions of Information Systems Director and Information Systems Technician as follows: Entry 6 Month 1 Year 2 Year 3 Year Information Systems Director 1999 $3,934 $4,069 $4,203 $4,337 $4,471 2000 $4,072 $4,211 $4,349 $4,488 $4,627 Information Systems Technician 1999 $2,765 $2,859 $2,953 $3,048 $3,142 2000 $2,862 $2,959 $3,057 $3,154 $3,252 WE:dn/9906042 CO UNCILACTION: 478.260. Use of alleys for through traffic prohibited. (a) Purpose. The city council declares that the public alleys of the city are constructed and maintained primarily to provide limited access to abutting residential and commercial property, and are not intended or designed for use as through streets. The city council finds that it is necessary to limit access to public alleys in order to address the use of public alleys by operators of motor vehicles who use alleys to avoid traffic congestion on city streets, thereby increasing the risk of bodily injury and property damage by increasing vehicular traffic in alleys which are not des gned to safely carry such traffic, to address problems of "cruising" alleys m motor vehicles by persons who do not reside or conduct business in abutting property or who are r~ot invitees to abutting property, which can lead to vandalism burglary or other criminal activity. The city council finds that the protection of the public health, safety ~nd welfare re.q~uire..s tha.t traffic in. publi.c all.eys b~. re, stricted to protect residential neighborhoods and to insure that use ol' puDfic a~eys Dy operators o1' motor venic es is consistent with the purpose of such alleys as stated in this section. (b) Use prohibited. No person may operate a motor vehicle on a public alley unless directed to do so by a peace officer, authorized traffic code enforcement ~.ersonnel or authorized traffic control device, except abutting property owners, tenants their (luests or invitees, operating a motor vehicle in an otherwise lawful manner. This section shall not be interpr(~Led to preclude use of alleys by the following: ' (1) Persons performing authorized law enforcement activities on behalf of any law enforcement agency; (2) Persons providing emergency medical or fire services; (3) Persons performing public service activities or inspections on behalf of state, federal or city regulatory agencies or departments; and (4) Persons performing installation, maintenance or inspection activities for public or private utility or communications companies. (93-Or-152, § 1, 10-29-93) 478.270--478.300. Reserved. TO: FROM: SUBJECT: MAYOR AND MEMBERS OF THE CITY COUNCIL ~:UNARTCIELRScEoCREMivI~ S~i~N4APPLICATiONS DATE: MAY 19, 1999 AT THE COUNCIL'S MAY 17TM WORK SESSION THERE WAS A DISCUSSION REGARDING APPLICANTS FOR APPOINTMENT TO THE CITY'S CHARTER COMMISSION. IT WAS THE OBSERVATION OF THE CITY MANAGER THAT THE PROCESS DOES NOT ALLOW FOR COUNCIL INPUT BEFORE THE CHIEF JUDGE MAKES AN APPOINTMENT TO THE CHARTER COMMISSION. THIS APPOINTMENT, BY STATUTE, CAN BE MADE ONLY BY THE CHIEF JUDGE OF THE TENTH JUDICIAL DISTRICT. IT WAS FELT THERE SHOULD BE SOME OPPORTUNITY FOR COUNCILMEMBERS' COMMENTS ABOUT THE APPLICATION BEFORE IT IS FORWARDED TO THE APPOINTING JUDGE. AS DIRECTED BY THE CITY MANAGER, I WILL FORWARD COPIES OF THE APPLICATIONS RECEIVED FROM RESIDENTS INTERESTED IN BEING APPOINTED TO THE CHARTER COMMISSIONFOR INDIVIDUAL COUNCILMEMBER COMMENTS. IT WOULD BE APPRECIATED IF THE TURN AROUND TIME FOR THESE COMMENTS COULD BE RELATIVELY SHORT SO A BRIEF TIMETABLE COULD BE OBSERVED FOR FORWARDING THE APPLICATIONS TO THE CHIEF JUDGE. BOARD(S) OR COMMISSION(S) ON V~HICH YOU WOULD LIKE TO SERVE: (INDICATE ~C~: THAN ONe) _ T~ ]:COMMUNICATIONS COMMISSION _ LIBRARY BOARD ~_CHARTER~SS~N (Note: I~f~riis _TRAFFIC~SION _ F~DNOMIC DEVELOPMENT AUTHORF1'Y _ PARK & RECREATION COMMISSION _ HUMAN SERVICES COMMISSION _ PLANN~G & ZONING COMMISSION _ INSURANCE COMMISSION - MER1T COMMISSION 1, 2, 3, IF MORE = POLI~ O't/IL $ERVICE OOMI~$SION - SCIEN~OLOGY/EN'ERGY COMMISSION N,/~: ~ HOME PHONE: HOME ADDRESS~ ZIP CODE: LI~ED IN COLUMBIA HEIGHTS SINCE: 1'$7 ~-- ~ ~ ~ ~ ~/~"-~ ~ ~ O~~ PRO~ O~ m COL~ ~IG~ <OT~R ~ P~ ~LO~: WORK ~0~: m PLEASE STATE BRIEFLY WRY YOU ARE ~I*ERESTED IN SERVING ON T~ BOARD/ COMMISSION FOR WIiICIi YOU ARE SUBbflTrING TRI~ APPLICATION AND WHY YOU FEEL YOU ABE QUALIFIED: I AM 'NOT AVAILABLE FOR BOARD/COMM~SION MinTINGS ON TltE FOLLOWING EVENINGS (CIRCLE): MONDAY TUESDAY WEDNESDAY TIiURSDAY F~DAY PLEASE LIST TI~F~ BEFEBENCES: NAME ADDRESS PIIONE I i~.lt.i~y CERTIFY TIIAT TIlE FACTS WITmN ~ FOREGO~G APPLICATION ARE TigUE AND CORRECT TO TBE BF,~ OF MY KNOWLEDGE. ~90 ~h Avenue N.E., Colmnbla HelgMs, MN f~,21 - T87.-2800 TI)D: T82-2806 BOARD(S) OR COMMISSION(S) ON WHICH YOU WOULD LIK{~ TO S{~V~.: 0NDICAT~ PR~I~J{NC~: 1, 2, 3, IF MOl~ THAN ONe) NAME: HOME PHONE: L~D ~ COL~ ~G~ S~: /~ / Ill I ~U~ON~ ~~ ~.~ec, i~ COMMISSION FOR WHICH YOU ABE SUBMITtiNG T~.~ APPLICATION AND WHY YOU FEEL YOU I AM 'NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS (CIRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY ADDRF~S PHONE · 90 40th Av~m~ N.F..., Colmb~ H~gh~ MN TDD: 782-2806 FOR OFFICE USE ONLY: HEREBY CERTIFY THAT ~ FACTS WITmN THE FOREGOING APPLICATION ARE TRUE AND CORRECT City Council Work Session Item To: From: Subject: Date: Mayor and City Council Dana Alexon, Assistant Fire Chief Proposed Changes to Chapter 5A of City Code May 10, 1999 Backqround Earlier this year I approached the Council with several recommended changes to Chapter 5A, the "Housing Maintenance Code." The changes proposed would accomplish the following: 2. 3. 4. 5. 6. Allow the city to bill the owner of the property for costs associated with license revocations and posting of property. Allow inspections to be conducted bi-annually rather than annually. Grant an exception to the licensing requirements for owner-occupied rental property in which every other unit is occupied by relatives. Require driveways and parking areas to be plowed in the winter. (Our intent is to enforce this on a complaint-basis only) Add certain provisions of the Minnesota Uniform Fire Code to allow them to be enforced on one- and two-unit rental dwellings. Clean up code language. Regarding item #3 above, Council had asked for data on the number of rental properties which would be impacted by this change. There are a total of 19 rental properties which would no longer require rental licenses if the proposed change goes into effect. At the current rate of $15 per unit for properties with fewer than 3 units, the change would cause a decrease of $285 annually in revenue from the program. In addition to the above changes, the Federal court judge in the Rozman v. City of Columbia Heights and Armstrong v. City of Columbia Heights recommended a change to the language in the ordinance to clear up interpretation questions which would challenge the constitutionality of the code. Changes have been made to §5A.603 in response to this recommendation. Analysis Attached are the recommended language changes to Chapter 5A. '~, ~,,, ........... v,, ,,~,, h~,$ a ................... [: is ............................ Text which is underlined is new text recommended. Numbers in the left margin reflect which of the following purposes (from the list above) the language change is designed to correct. The City Attorney has reviewed the proposed language and approves. Recommended Action The Fire Department requests that the first reading of the ordinance be scheduled for the next Council meeting. c2-99122.wpd REVISED 2/09/1994 ORDINANCE NO. BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED PERTAINING TO THE HOUSING MAINTENANCE CODE AND LICENSING OF RENTA~L_-UNITS The City of Columbia Heights does ordain: SECTION 1' Chapter 5A of Ordinance No. 853, City Code of ~7, as ~ended, ' - haS been repealed by Ordinance No. , shall h~ea~er .read as follows~ to wit: HOUSING MAINTENANCE Chapter 5A Article I Section 1: 5A.101(1) General ProvisionS purpos Statement of e (a) (e) The purpose of the HoU~Sing Maintenance Code (hereinafter referred to m Chapter 5A as "Code")h.$ to protect the pubhc health, safety and general welfare-of the people of this City. These objectives include, among others, the follow~ng; To protect the 6haracter and stability of residential areas within the city; To cbtrect and prevent housing conditions that adversely affect or are likely t~vb. rsely affect the life, safety, general welfare, and health; To pro_?[cle minimum standards for heating, for sanitary equipment and for light¢~a~nd ventilation necessary to protect the health and safety of ~%~c~i~ants of building; To prevent the overcrowding of dwellings; To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; (f) To preserve the value of land and buildings throughout the city. 5A. 101(2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of.s¢_uch relevancy with regard to rental disputes, it is intended that the cpntracting parties exercise such legal sanctions as are~ availabJe to them without the intervention of City government. In eua'¢ting thi~ COde, the Council does not intend to interfere or permit inte~erence wit~:iegal rights to personal Section 2: Applicability 5A.102(1) This Code establishes minimum ~tandards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. App!iCable re(~Ui_r.ements shall apply to all apartment units, homes, accessory structures,: rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A.103(1) The following d~._efinitions s~all apply in the interpretation and enforcement of this Code, to wit; (a)' Access~' Structure. A structure subordinate to the main or principal ~;;;'~i ~ 'dwelling :(~dwellings which is not authorized to be used for living or '~,:~Sleeping by h_uman occupants and which is located on or partially on the ~'~P_mmises. ~ .(b) AP;a~rtment Unit. APartment, apartment unit, or dwelling unit, or unit means ?' a roorn~gr'Oup of rooms located within a building which form a single ~: habitab e~, ~Jt with facilities which are used or are intended to be used for living, sl~el~ing, cooking or eating. A ~'d A ~rOve . n indication that an item meets construction, installation, and ~a~'ntenance standards of the State of Minnesota and of this Code. (c) (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. (f) Duildi,'~g o,,'fic~al. Housing Enforcement Official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. (g) Clean. The absence of rubbish, garbage, vermin or ~her unsightly, offensive or extraneous matter. t t (h) Dwelling. A s ruc ure or portion there~¢f designed exclusively for residential occupancy, including boarding a~d"'~lodging hotels and motels. ~:~.~ ~:"' ~P~ment unit (i) Dwelling Unit. Dwelling unit has {he same meaning as (within this Code). O) Exit. A continuous and unobstructed means_gf egress to a public way and shall include inte~ening dgors, doo~ays, '~0rridors, ramps, stai~ays, smoke-proof enclosures, .horizontal. exits, exit~passageways, exit coups and yards. (k) Family. An individual, or ~o or mo~e persons each related by blood, marriage, adoption, or foster chilCren, living together as a single housekeeping unit; or a. group of not more than four persons not so related, maint~ining a common household and using common cooking and kitchen facilities. '(I) Functioni:ng. !n such physical condition as to safely pefiorm the se~ice or · ..~. se~ices foe*Which an item is designed or intended. (m) CGarbage. Garb~ge is defined in 5.605(2)(a). _¢(n) Habita~'~'~*A-dWelling unit or pa~ thereof that meets minimum standards ,. for use~*~:'~0me or place of abode by one or more persons. ~:;.. (a) Hot Water. Water heated to a temperature of not less than 110 degrees ~; ,- ~~heit, measured at faucet outlet. ~?~(p)' *:~ ~susing Code. Section SA of this Code together with the Uniform Housing ~~.~:-.. Code, 1985 Edition, as amended, International Conference of Building O~cials. (q) Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. (r) Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. (s) Occupant. Any person ( including owner or operator) living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, join.,UY or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit w~ihin th~ City as owner, employee or agent of the owner, or as~tri~stee ~ ..... ' ore,guardian of the estate or person of the title holder. Also, any p'~erSon, firm~or Corporation who h'as the right to determine who occup~e~ a rental st~cture (even thoueh that . , ~ ~- . ~ - ~ · right may be subject to a lease o~rental ~greement),~a person, firm, corporation who shall have the po~o rent'or let premi~ t0 another for purposes of this Code. ~ ~' - - (u) Person. Any individual, firm, ~n~rshjp, association, corporation, company or a joint venture or organization '0f anY kind. (v) Premises. A pla~ed lot .o.z~a~ thereof or un~ia~ed parcel of land, and adjacent right-of-way.~h~r ocCUpied 0', ,uno~upied by any dwelling or structu re. -- ~:' -' (w) Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public.ay and not' within the exclusive control of one family. ~:? ":~' ~ ~'" ~(~) Rental D~elling. Any d~elling for hire with one or more living units, except ':~'_ 'such dw~l~l~s for which all units are occupied by the owner or persons ~%~ho are reJ'~t~ to the owner by blood, marriage, or adoption. Rental ';~w~ilings for P~5~s of this Code do not include hotels, motels, hospitals .....:.:-~'6r homes~.. for the '~ed. · "(y) Re~:: _ air shall mean to restore to a sound, acceptable state of ~:~ operatio~-~"~b~iceability or appearance. Repairs shall be expected to last as long as w~th the replacement by new items. ' ~ r r ~ (z) Rodent Ha bo a~e. A placo where rodents commonly live, nest, or ~:~(aa)~ Roplaco or 8eplacemont. *o romovo an existin~ or potion of a system and to construct or install a new itom or a quality similar to that of the existin~ itom whon it was new. Roplacemont ordinarily takos place whon ropair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease. (ee) Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor lev~e!~n a buil~ing having only one floor level shall be classified as a first s,t~rY, provide~i such floor level is not more than four feet below grade, ~ define~ ~e~-r~,.~for more th~n'fifty percent of the total perimeter, or ~bre than"eight febt below grade, as defined herein, at any point. (fi) Unsafe. As applied to a structure; a condition or a combination of conditions which are dangerous or ~za'~0us to persons or property. (gg) Unsanitary. Conditions which are dangerous or hazardous :to the health of persons ......... (hh) Water Closet. A toile~;-~With a.~SWl~n~._~rap, made in one piece, which is connected to the Gity water_:and sewa~ge system or other approved water supply and sewer, syStem. Whenever th .... ds ~dwelling, "dwelling unit," "unit," "premises," or "structures" ar;~ used i~is Chapter, they shall be construed as though they we~-follOwed by the WOrds "or any part thereof." Minimum' Standards i~'~;SiC Eq u i p~'i~n~ Facilities No pe~":~hall occupy as an owner-occupant or let to another for occupa~.gy'~hy dwelhng or dwelling umt for the purposes of living, sleeping , cook~'~j Or eating therein which does not comply with the following requirements, to-wit; !~!i.:~!~;~:(__a) n Sink. Each dwelling unit must contain a kitchen sink in good ~?:F?~ ....... Working condition and properly connected to an approved water supply ~i;~ system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. 5A. 103(2) Article il Section 5A.201 (1 (b) Kitchen Storage. Each dwelling unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (c) Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for cooking foo~d_ and__a-refrigerator for the safe storage of food which are pro. perly installed With all necessary connections for safe, sanitary and efficient olSeration. Such stove or refrigerator need not be installed wher~ a dwellin~"'unit is not occupied .ahd when the occupant is required to*Provide a stoVe_or refrigerator on occupancy. If the occupant is requIred to fur~nish a s~'0Ve or refrigerator, sufficient space and adequate functioning ~*0nnections f~'the-installation and operation of the stove and refri~~erator must exist. " (d) Toilet Facilities. Every dwelling unit sliall contain a nonhabitable room which is equipped with a flush water close't'in compliance with §6.201(1). Such room shall have an eqtrance door whibh affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that' at all times provides an adequate amount of running Water'' under pressure to cause the water closet to be propedy functioning, and ~hali be connected to the City sewer system. ¢ .- (e) Lavatory Sink~_~.Every _d~,'elling urii:t'shall contain a lavatory sink. Said . -" lavatory siiik ~ay be i~{he-S'ame room as the flush water closet, or, if "' located_? another room, the lavatory sink shall be located in close proximity t9 the door leading directly into the room in which said water ~'-.. closet is located. The lavatory sink shall be in good working and -functiOning c0~Siti(~ shall be properly connected to an approved water .~--.s-~/~m; Shall provide at all times an adequate amount of heated and ..¢:?': unhS~itbd rUnning ~,ater under pressure, and shall be connected to the ~:i,-~-'' City s~.~ ~,~)stem. ~' (f) Batht wer Every dwelling unit shall contain a nonhabitable room ~-:~' wh~cij,~_',is equipped with a bathtub or shower in good working condition. ~.: Su.~c~ ro,om shall have an entrance door which affords privacy. A bathtub or ~!~i:. ~' .:sh~er shall beproperly connected to an approved water supply system, ~!~:.~..'-~i': '~':i:' ~hall provide at all times an adequate amount of heated and unheated ~. ' water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairw~-ays, ,~iall be essentially uniform in width and height. Stairwa~S"'shall b~'capable of supporting a live load or one hundred (100) po?.hds per square .foot of horizontal projection. (h) Access to Dwelling Unit. Access to'~r'egre~s each dwe?ing unit shall be provided without passing through.~y other dwelling unit. (ii) All buildings and/or maintenance .: imprbVements, inspected pursuant to Chapter 5A, the Housing Maintenance~ode, shall be judged and inspected in accordance with the applicable' uniform Building Code and Uniform Fire Code, as follows: (1) Existing Installation. Buildings in existence at the time of the adoption of theCode ~ay have~beir use or occupancy continued, if such use or Occupancy was legal at the time of the adoption of the code, provided suc~ continued-use is not dangerous to life. A~!~ buil'dings' and structures, both existing and new, (2) M~intenance. ~nd all pads th~°f, shall be maintained in a safe and sanita~ c65~i~On~ All devices or safeguards which are required by the Cod~'~.ail be maintained in conformance with the code edition -' --- ' under ~hich installed. .O)' All 'repairs, replacements or maintenance to the structure or dwelling unit shall ~'in~talled or made so as to be compatible with the surrounding ~ buildin~terials and general appearance of the existing area. ~202(~) person shall occupy as an owner-occupant or let to another for ~.,~- occupancy any dwollin~ or dwollin~ unit for tho purposo of living, sloopin~, cookin~ or oatin~ unloss all o~erior doors of tho dwollin~ or dwollin~ unit aro oquippod with safo and functionin~ door and window locks which comply with tho followin~ roquiromonts, to wit: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doo~S and with key cylinders on the outside of the building entrance doors. BUilding entrance door-latches shall be of the type that are Eg, r~m'anen'~tiy locked. An approved lock box with building ent.ry,?~y, boii~l:~'r°om key, laundry and common area keys, all marked ~Sividually,~a~":'"~'(~seSSible to the Fire Depa~ment must be provided for ac~Ss to the b~'ilS'i~g. The enumerated keys must be present in the Ioc~ox at~a~l times. '~A~°mmu~ication system or device such as an interc~,'tele~ne, audible~"~0'r~bu~er or other approved means ~ o~ making contact with the tenants must be provided. (b) Evew door that provides ingre~¢, or egreCS..~or a dwelling unit within a multiple family unit shall be equipped with an.approved lock that has a dead locking bolt that cannot.~e .retracted be end pressure; provided, however, that such do~rs' shall ~.¢penable eOm the inside without the use of a key or any speCial knoWled~e Or effo~. (c) All ingress, egress and interior doors- shall be kept free of holes and/or punctures. All ingress, egress or interior doors which separate a unit from another unit dr a com~h area o'¢¢ the e~erior of the buildinq shall be ~:: replaced ¢ith ~°ors m~8e' 5f'S~lid-core construction. Said replacement ,~,~ : shall oc~UfWhen any such door is in violation of this section and repairs "~-. - Cannot ~eStiv~ly correct the violation. Section : ~Light, Ventilation, and Electric 5A.20~(1) No-~(son Shall occupy as an owner-occupant or let to another for ~. occu ~C~--dwellin or dwellin ~-~ p ~ y g g unit for the purpose of living, sleeping, .~' cookin~[~'::'6ating therein which does not comply with the following ~' requirements, to wit: ~,., (a) H~bi~le Room Ventilation. Evew habitable room shall have at least one ~:'": ~i~0w facing directly outdoors which can be easily opened unless the ~::'~::?:?-~";-:~ rOOm contains, in lieu thereof, another device affording ventilation which ~..~.. has been approved by the Building O~cial. The m~mmum total of openable window area in evew habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. (c) Nonhabitable Room Ventilation. Every bathroom,~ater closet compartment, laundry room, utility room, or other ._nonha,bit~able room shall contain a minimum total of openable window aCed o¢"no less than 1.5 square feet, except that no windows sl~all be rbquired if such rooms are equipped with a functioning ventilat~':'system w~ich is approved bythe Building Official. (j) Electrical Service, Outlets, and Fixt' s EVery dwelling ur~it'and all public and common areas shall be suppl-~d~wi[h functioning electrical service, functioning over current protection devices, functioning electrical outlets, and functioning electrical fixtures wl~ich~are properly installed, which shall be maintained ~n a safe working condition and which shall be connected to a source of electric power ~.'a manner prescribed by §~.201(1). The minimum capacity of such.el~bt~i~'outlets and fi~res shall be as follows: (1) A dwelling containing t~o orT~ore units shall have at least the equivalent ore'sixty (60) ample, three-wire electric service per dwelling unit. ~:: ~ ~' , (2) Each d~.~elling uni~...shal! h~ve a least one branch electnc circuit for · e~¢h six hundred.~.?0) feet of dwelling unit floor area. '~-~'~- - (3) Ever~ habitable room shall have at least the lessor of two floor or %,, ' wall ~YPe electric convenience outlets or one such outlet for each ~'~'~:~i-'~-; sixty (60~$q~uare feet or fraction thereof of total floor area; provided, ~: ?~V--~. ~:~ however, ~ie one ceiling or wall type light fixture may be substituted ~...~.~: "'~-~.~:.:~?. requi~red electric outlet. (4) ~'~'Water closet compartment, bathroom, kitchen, laundry room, ,~d ~'urnace room shall contain at least one supplied ceiling or wall ,~/pe electric light fixture, and every bathroom, kitchen, and laundry ~mom shall contain at least one electric convenience outlet. ~i-~;'":~?!~E~i'i i5) Every public hall and stairway in every rental dwelling shall be ~-;;.'~¥ effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heatin~g all habitable rooms, bathrooms and water closet compartments in eyery dwelling unit located therein to a temperature of at least~'~evei~ty (70) degrees Fahrenheit at a distance of three (3) f.e.b~ above~i°',~?, r level and at three (3) feet from exterior walls, and which shall co,,~.p[¥_..with the following requirements, to-wit: (a) Gas or electrical appliance ~gsigned primarily for booking or water heating purposes shall not b~Considered as heating facilities within the meaning of this section. (b) Potable heating equipment employing flame or the use of liquid fuel shall not be considered as heatingfacilities within the meaning of this section and is prohibited. (c) No owner or qc~upant ~hall-install, operate or use a space heater employing a flame that is not~ented outside the structure in an approved manner. -: (~) No owner Shall s~?ply po~aS~le electric heaters to comply with this 5.204(1). Secfio~ 5: Foundation, ~terior Walls, and Roofs 5A.205(1) '~'~o'-Person shall occupy as an owner-occupant or let to another for ~.:.-..,:6c&gpancy any ~weiling or dwelling unit for the purpose of living, sleeping, ~¢-~ eating-0r COoking' therein which does not comply with the following ¢" require=~nts, to-wit; ~: (a) The fo¢~dafion, e~erior walls and e~erior roof shall be water tight and &,~-- protep~'d against vermin and rodents and shall be kept in sound condition ~ ~ anti, pair. The foundation element shall adequately suppo~ the building ~;..;~...- ......... ~&[l' points. Evew exterior wall shall be free of structural deterioration or ~;~ ?:-~'~': ::any other condition which might admit rain or dampness to the interior ~¢_.~::. potion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior sudaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the e~erior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. (b) Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall~be equipped with screens between May 1 and September 30,_inclusiv'~"~ of each year. Every window, door and frame shall be constrd'~ed a'~d maintained in such relation to the adjacent wall cons{ruction-~~s to completely exclude rain, vermin, rodents, and insects fro~..~ntering the building. ~":E,. ~or~ n~ ceil lng (c) Floors, Interior Walls and Ceilings very fl i r~..W~ll and shall be protected against the pa2sage ~ harborage' of vermin and rodents and shall be kept in sound ~ndition and good rep~]~.' Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shal~'~e r~ajntained in a tight weatherproof condition and may not be covered wholl~:-.io~r.Partially by toxic paint or materials with a lasting toxic.~:e.ffect. Every toilet room and bathroom floor surface shall be capable 0~f being easily maintaii~ed in a clean state. (d) Rodent Proof. Each part of every dw. elling S~II be rodent resistant. All openings in exterior ~alls, fouri~lations~basements, ground or first floors or roofs which hav? 'an openi~_~g of ¼"::~i'iameter or larger shall be rodent- proofed in an ~pproved .manner. interior floors, basements, cellars and other areas in ~ntact witch the soil ~all be enclosed with concrete or other rodent ~mperv~ous material. ~:(e) Fence Maintenance. All fences on the premises where the dwelling or '~.dwelling uni~.,is'lo~ated shall be maintained in accordance with ~6.401 to -~'~'6:~403, inclusi~e~of this City Code. 0Ac~S~O~-Structure Maintenance. Accesso~ structures on the premises where~h~-Welling or dwelling unit is located shall be structurally sound and maintained in good repair The e~erior of such structures shall be cover~~ w~th decay-resistan~ materials such as paint or other ' preservatives. ~.??(g) ,~~uilding Elements. Eve~ foundation, roof, floor, e~erior wall, interior ~~::.:?~all, ceiling, inside stair, outside stair, porch, balcony and eve~ ~~:--- :¢ appu~enance to each of the foregoing shall be oaf e to use and capable of supposing normal structural loads. (h) Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Section 6: Maximum Density and Minimum Space for Rental Units 5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) Permissible Occupancy of Dwelling Unit. The'maximum permissible occupancy of any rental dwelling unit shall be dete'rmine~ as follows: (1) For the first occupant, 150 square habitable room floor space ahd for every additional occupant'thereof, at~lea~t 100 square feet of habitable room floor space. ?' ~" '~: L~. (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, in the dwelling unit. 5A.206(2) No person shall occupy as an ~)wner-oCCuPant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guestsr .. Section 7: Screening and Landscaping - 5A.207(1) No person shal, I.occupy as an o~ner-occupant or let to another for occupancy any~..dwelling ~o.r"dwelling dnit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of (a) Definition~: For the purposes of this Section, the following terms shall ...~. have the m~anings stated: . ~'~¢(1)'~'"-~Fence. Any partition, structure, wall, or gate erected as a divided . :' ' ~at_ker, barrier, or enclosure, and located along the boundary or ~ ~,ii[hin the required yard. Z~ F~ ~" . .... ~'~ (2) ~andscape. S~te amembes, ~nclud~ng trees, shrubs, ground covers, ~'~i ~°wers, fencing, berms, retaining walls, and other outdoor ~ii~:i~:: ~J~nishings. ~Fi'~;.~ '';'~:::~i- Mechanical Equipment. Heating, ventilation, exhaust, air ~.'.' conditioning, and communication units integral to and located on top beside, or adjacent to a building. (4) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (5) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. .~=: ~-~" (1) Sodding and Ground Cover. ~ .exposed.ground area surrounding he principle building and a,,~CCessory buildings, which are not devoted to driveways, park~n.~, areas, s~ewalks,_p[_Patlos, shaii' be sodded or landscaped wi~h~ shrub~, trees, ~ardens, or other ornamental landscape mat~.~ials. :~b landscap~-area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (2) Slopes and Berms. Fina!:gr~ades with a slope ratio of greater than three (3) to one (1) will not be permitted without sPecial approved treatment such as ~p~cial weed mixtures~'°r reforestation, terracing, or retaining walls.~"Berming used to provide required screening of parking lots and 'other open areas shall not have slopes in excess of three (3) to one (I). ~ (3) Maintenance. Any dead trees, shrubs, ground covers and sodding sha!.l be~eplaced.~.~'accord~nce with this code. All trees or other ., vegi~tation which spring up in crevices by foundations must be ,~... ~ . -~.,~.~.-: . . . -~: p-r. omPtly removed to avoid structural damage. · (4) Placement of Plant Materials. No landscaping shall be allowed ~ within ~a.ny~ drainage utility easements, road right-of-way, or ~.immediat~ly adjacent to any driveway or road intersection if such ~ndscaping would interfere with a motorist's view of the street or ~,~a~d.waY or with the use of the easement for its intended purpose. (5) ~w~ds. The maintenance and upkeep of all lawns and yards shall ,~e subject to Chapter 4, Article II, Section 3 of the Columbia (c -Heights City Code, which is incorporated herein by reference ) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public' roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing (d) (e) (f) (g) ~-'- - accordanC~.wi~h §5A.208(2). -.~,;j__::_~..... Section 8: Exterior Parking, Pedestrian Walkways and Lighting. ..~_-.~ ~:~ ~ - . . -~:~:.. 5A.208(1) No person shall occupy as an owner-occupant or let to land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and s.pe~A!es o.~:tbianting shall be such t° achieve seventy-five (75) perce,~c~n~.,~-~capac~'year-r°und'_ ..:- Other Parking Lot Screening. All parking lots fo~twellings of three (3) or more units which are not requj~:ed to be'~s(~re~ned pursuant to {5A.207(1)(c) must either provide ~menmg pursuant to {5A.207 (1) (c) or provide a minimum on one deciduO.~'b~-tree ~or eve~ foAyTflVe (45) feet or poAion thereof of parking lot perimeter planted adjacent to the nearest roadway abuEing the propeAy on which, the parking lot is located. Fences. All fences and screeni.~g devices ~ shall be built and regulated in accordance with Chapter 6, Adicle IV of the ~olumbia Heights City Code, which is incorporated herein~by reference. Outside storage of aAicles, eqdlpmeBt, construction materials, items not designed for exterior use, ~d mis~llane°us items, including but not limited to, lawn ~bwers and other lawn maintenance equipment shall not be allowed. A ~eather tig?t, rodent:proof storage building or shed must be constructed fo~torage o~Ee~s.9ot storable within the building. ' ~ oer {5A:207 shall be enforced and administered in another for occup~d~;~i-~and dwelling or dwelling unit for the purposes of living, sleepin~l'; 'cg~oking or eating therein which is located on premises which does n~'co'mply with the following requirements, to-wit: Re~qu~red off-s root parking as defined in Section 9.116(4) of the City .~O~je. Additionally, any building or structure in existence upon the ~¢'~ffective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking-areas arid waikways between the parking area and the dwelling unit ~dWellings ~i~siSting of three (3~) or more units. Lighting must be avail,~ble for parking 'areas ~nd walkways. Between the parking area and the ~elling~!~.~. ,,,~--"-~ui~it for dW~ii~gs. ~ of tw6 (2) or less units. (g) In dwellings of three (3) or more ~nit~, parking areas and pedestrian walkways must have a minimum light of l~O0t candle, and the maximum light at the bounda~ line of the premises may not exceed 3. foot candles. (h) Driveways leading to parki,..ng areas and/or acce~s ways to buildings must be maintained and kept in good~e~air.-In cases of tenant parking areas all parking stalls and driveways With access to tenant parking shall be hard surfaced with asphalt °r concrete by JO:IY 1; 1998. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be reg~ula~d in ac~[~_ao.~ffw~th Chapter 7, A~icle II, Section 5 of the Columbia.Heights City ~de, which is incorporated herein by reference. '~ DrivewaCs-leading to parking areas and parking areas shall be cleared of · ..;: snow within"f°~-eight (48) hours of the end of a sno~all in which at least ~hree (3) inche~'~f~'now has fallen. Snow which is cleared from driveways ~¢¢~ P~king are~'hall not be placed so as to block or restrict access ..' - ways to buildings, br upon adiacent properly without previous permission o th, ' ia%,t-prope, owne,. ~208 (2) Varian~S~der ~5A.207 and ~5A.208 shall be enforced and administered '; in ack'dance with ~9.105. The criteria contained in ~9.105(3)(d) shall be %;-: ap lied in deciding whether or not an applicant is entitled to a variance ~tion ~: Fir~ Safety 5A.20~ (~) ~o person shall occupy as an owner-occupant or i~t to another for occupancy and dwollin~ or dwollin~ unit for the purposos of living, sloopin~, cookin~ or oatin~ thoroin which doos not comply with the foilowin~ roquiromonts, to-wit; (a) (b) (c) (d) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard ,%'o. -,.,-,~.Chapter 34. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. When a living unit has more than one floor or level, a detector shall be mounted on every level of the unit. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the_~ectc~r shall provide an alarm in the dwelling unit or guest room: In new construction of any dwelh~g umt and 'm common hallways and other common areas of existing nits, r%qdi~ed sm~9~ detecto~s shall receive their prima~ power from th~ building wiring when such wiring is se~ed from a commercial source. ~[ring shall be permanent and without a disconnecting switch other than those required for over current protection. No person, firm, or corporation shall tamper_with any smoke detection device. Any person, firm, odCOrporation proven~ have tampered with any smoke detection dewc~e shall ~,~gudty of a m~sdemeanor ~.~ ] ~,,., s pursuan . Gombust[blo matodal sh ot bo~StoroO in boilor rooms, mechanical rooms or elect~:[cal equipment roorn~S: Section 10: Disconfih~ance of Ser~i'C~ ~' Facilities. 5A.210(1) No owner, oPe_tarot or occupant shall cause any service, facility equipment '~Ufility which ]s.£~guired under this Ordinance to be removed from or shut ..~bff from Or discontinued for any occupied dwelling or dwelling unit except ~':' for temporary interruptions as may be necessary while actual repairs or ..- alterat~remade or during temporary emergencies. S6ction 11: Public.,. aith and Safety .211(1) Ro_~d.~nt Harborages Prohibited in Occupied Areas. No occupant of a ~:,. '......~.~,~'ing or dwelling unit shall accumulate boxes, lumber, scrap metal, or ~-~- ~;~i; .' ~ ~:at~y other similar materials in such a manner that may provide a rodent ~.?; ' harborage in or about any dwelling or dwelling unit. 5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.211(3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.211 (4) Sanitary Maintenance of Fixtures and Facilities. Every dccupant of a dwelling unit shall keep all supplied fixtures and facilities_th*erein in a clean and sanitary condition and shall be .~responsible for:"the exercise of reasonable care in the proper use and.operatiodthereOf. 5A.211 (5) Responsibility for Pest Extermination. EverY--Ocbtmant'Of a dwelling containing a single dwelling unit shall.~, be re~Bonsible for t~9 e~erm~nation of vermin infestations and/or roden~gn ~6 premises. Egff~ occupant of a dwelling unit in a dwelling contaidi8g more than one dwelling unit shall be responsible for such exterminatio~henever his/her dwelling unit is the only one infested. No~ithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable ~9~in-proof conSifion, e~ermination shall be the responsibility of the owner. -Whenever infestatiOn exists in ~o or more of the dwelling units in ~.ny dwell~'~g; or in the shared or public pa~s of any dwelling containing ~o or mor~.dweli(~g units, e~ermination thereof shall be the responsibility, of the__ owner. ~Jf the problem persists proof of professional extermination shall be s~pPlied to the inspections o~cer upon request. 5A.211(6) Garbage, Rubbish, an ,.Recycia, e Materials. Garbage, rubbish and ..:-' recyclable materials s~ll be regulated in accordance with Chapter 8, ' A~icle 11~Sft~e Columbia Heights City Code, which is incorporated herein ARTICEEIil '~::;JnsDectio~ and Enforcement Enforce~;~ and Inspection Authority .301(1) The~i~ Manager and his/her designated agents shall be the Housing ~grcement O~cial who shall administer and enforce the provisions of the ,:~,.: .: ?~rdinance. Inspections shall be conducted during reasonable hours, and, ~':~-'"'*¢:~'::* .... ~pon request the Housing Enforcement O~cial shall present evidence of his/her o~cial capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access 5A.302 (1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Housing Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant~.fi'om court of competent jurisdiction ~,~ Section 3: Inspections ~: ~_..__' i' 5A.303 (1) Each dwelhng or multiple dwelhng ~h~ch ~s th~subject of a rental hcense shall be inspected ~t l~sst o~c~ ~nuslly ir~ 'a'ccord~ce with th~ city's "Rental Inspection Policy", subject t~s~.ectior~bA.303(2). ~'; 5A.303 (2) Inspections on individual dwelling:~nits shall be required for tenant occupancy changes under the following oo_nd.itions; (a) During each of the past'two years that.t~e owner or landlord has applied for license, r~newal, they have failed to correct Housing Maintenance Code violations"0n'a timelY basis, as evidenced by two written Com~Pliance ~rd"e~s.i3y the l,-~sp~ctlo,'~ D~p~,-t,,m~nt or -,,,~,,.~,,,~,:,.,.,,,,,.~, Housing ~nforcement Official of the C~ty of Columbia H~ig~"hts; or'~'~~;~' ~.. ,.. ~ .? , ._y (b) DurLng~.~-e past ~ear, two or more tenant complaints on single ~-.~ fa~ily/d[iplex/trip~x' ha~)~ been received or four or more tenant - c~mPlamts on a:four-plex or other mulbple dwelhng have been ~:. re~;eived and substantiated (Housing Maintenance Code violations ~ wer~is~ued based on the complaints). Multiple complaints arising ~:;.!;;:~:?out of t~sa~me maintenance problem, which occur within a period ..:'~¥~0f..o~e w~;e~,-:shall be considered to be one complaint for the .?" ' ~ses of l~his Section· ~' If a~e~f'the above set forth conditions occur, the C~ty ,.~: ' ~ Housing Enforcement Official will notify the landlord, in writing, ~-.-__!~' that tJ;~iandiord will be hence forth required to have the building inspected ~:~ii". upon'~each tenant occupancy change. It will also be the responsibility of ~:i'i.i~i~ ..... .~h .e~ndlord to provide a list of current occupants and a 72 hour notification ~iii.!~:''':L;': '~'a new tenant move-in· The tenant occupancy change inspections shall ~:'! occur for a period of one year from the date of notification by the ,, ,ov~,-,,~,, ,o d~pa,-tm~r~t Housing Enforcement Official, however, that time shall be extended if any of the above set forth conditions continue to exist· Section 4: Compliance Order 5A.304(1) Whenever the Housing Enforcement ~ Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. The Compliance Order shall: (a) Be in writing; (b) Describe the location and nature of the ~)lation~iihi~de, (c) Establish a reasonable time not gre ' n 6~ont~r.the correctis~ of such violation and advise the persdn to whom'the noticejsLdirected of the right to appeal; and (d) Be se~ed upon the owner of his/he[Talent or the occupant, as the case may require. Such notice shall be deemed to be properly sewed upon such owner or agent, or upon such occupant, ~f a copy thereof is: (a) Se~ed upon him/her personally, (b) Sent by ce~ified"maii return receipt requested to his/her last known address, or, ,.. :- (c) Upon fail,~Ure to e~ect notice t~rough (i) and (ii) as set out in this section,~posted at a conspicuous place in or about the dwelling ~ which i~' affected~yi6e6°tice. 5A.304(2) Upon correction of all Housing Maintenance Code violations as set fo~h in "%:.the Comp~ance"Order, the C~ty h%spectlo,%s Dep~,1,,ment Housing ~';Enf°rcement ~ial shall, upon request of the owner or landlord, issue a ?¢tWd.~e~-~tateme~( ~hat all violations have been corrected in accordance with t~Columbia Heights Housing Maintenance Code. 8eciion ~: Posting'~revent Occupancy ~.305(1) The ~usinp Enforcement O~cial may post any building or structure co r%d by ihis ordinance an being in direct violation of the ordnance ~': .~.p~enting fuAher occupancy. Posting will occur if any owner, agent, ~:~;;':~';: '~'~t': ' ~:~l}'~ensee or other responsible person has been notified by inspection repoA ~:.. . of the items which must be corrected within a ceAain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted propeAy. Current occupants shall vacate posted propeAy immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Housing Enforcement O~cial or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Section 6: Right of Appeal 5A.306(1) Section 7: 5A.307(1) Article IV Section 1: 5A.401(1) When a person to whom a Compliance Order is directed a!!~ges that such Compliance Order is based upon erroneous interpretation iJf the Ordnance or upon a misstatement or mistake of fa~t, such ~.?son i~ay appeal as set forth in §6.202(1). Board of Appeals~:.'-,.~' , ~', -'~:~,_. _ - ~: Upon at least five (5)business day~tOtice ~%he appellan~'the time and place for hearing the appeal and wi'~n ~0 days after said &'ppeal is filed, the Board of Appeals shall hold a .~e~isg thereon. All hearing notices shall be given in the same manner~resCribed for giving notice of Compliance Orders under 5A.303(1). AIl'~Ppeals shall be conducted in accordance with Sec. 20~, '~ifOrm Ho~i~g Code, 1985 edition, International Conference ¢.Buil~ing O~cials. Licensing ,:, License Required No person, fir~ or corp~ation shall operate a rental dwelling in the City without .~n¢first ob~i~Oe~' ~' )iCense as hereinafter provided from the Du~Id[n~ .Housing EnforCement Official. Each such license shall register annually ~it'h't~e City. If the license in denied, no occupancy of dwelling -~umts then vaunt or which become vacant ~s permuted untd a hcense has "',~een issued. ~adment units within an unlicensed apa~ment building for ~:?~" h~ch a license'~pplication has been made and which units are in ?ction 2: 02(1) com~]i~ance'with this Chapter 5A and with §6.202(1) may be occupied provide~&t {he unlicensed units within the apartment building do not create ~l~h'~:ard to the health and safety of persons in occupied units. Lice~ §e Procedures ~~ 180daysafter the passage of Chapter 5A, the owner of any rental '.Fonit within the City shall apply to the ~ Housing Enforcement Official for a rental housing license in the manner hereafter prescribed. (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. (a) Applicants shall provide the following information on license applications: (1) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. ~' (2) The name and address of the vendee ~f tu~ ~ent oiling is being sold on a contract for deed. (3) The la§al d~$cdgtlon and adflmss of the rental doelling (4) The number and kind of un~ withi: the rental ~ing, the floor area for each such unit and the total fl~or, area for the building. ~ ......... ~ ....I1: ..... ;~ ~ ~ The number of paved off-street parking spaces available. ~(6) Nam~ ~d addre~.~ person to whom owner/applicant wishes a c~ified, leper to ~pt for purposes of ~5A.303 (1)(d). '~?-: .... ~(7) All ~wners of rental dwellings shall provide telephone access ~e~ ) to *~ ~:/ num s be used in emergency situations, including emergency .... ~:~ maintenance and repair. This requirement shall be a condition ~ ~ :. Preceden~q the issuance of any rental license. (10) ~Such other information as the administrative se~Jce shall ~Oi~e. Said information may include, but is not limited to tenant ~s ~hich include tenants name, unit, and identi~ing information (i'~e. date of bi,h, social security number, driveCs license number). :,-;~*-¥, grounds for denial of the license. ~ection 3: Application and Inspection 5A.403(1) ,,,,~,,o~, ,,,~ ,.,,,~ Manager Prior to issuance of a Rental Housinq License, the Housinq Enforcement Official shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code. Section 4: Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or a~gent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner o~_a~'~ny agent designated by the present owner or occupant shall o~bt~in a lic~e~ .If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard....malntenance or abnormal wear and tear, the City may again ins the pr~mises during the licensing period. ~": :: P~ 'e"ct 5A.404(2) The City may by Council resolutionTM establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have l~een paid. If a dwelling unit is licensed, the license for such d~velling unit S~ali expire twenty (20) days after the licensee or his agent is notified of thb outstanding reinspection fees, unless payment is made be~fore the expiration of the twenty (20) day period. "~ Section 5: License Display 5A.405(1) A license issub~ 'under.this Chapter shall be conspicuously displayed on the rent~aJ...premises Wherever feasible. The licensee shall promptly ~, . produce~he license upon demand or a prospective tenant or the ~~.;.. ,Housing Enforcement Official or his/her authorized representative. Section 6: '"~LicenSe Tran~[e~~: 5A.406.(_1')'T~h~e~iice~se. ....... is transferable upon application to the ~,,,~,,'"'""-~:--,~ Housing ~?~ Enforcbment Official and payment of the license transfer fee by the ? prospe~ive,~oWner if the licensed premises is in compliance with the Code. ~t,;.~ i" The lic~nse,.~ shall terminate if renewal or application for transfer is not made ~vithin 30 days after transfer of ownership of the dwelling unit. The amo~n~t of the transfer shall be set by resolution of the Council. 'On 7: ~ ['iCense Renewal 5A.407(1) All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: (a) Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the '":"' ' ..... '"-- "'----'----' Housing Enforcement Official and (-c-)(b) Mailing the renewal form '---"- ..... :"- - rnpl 'on .... '- ..... of-training and the required registration fee~f~0 th~' "':"',,' Be~ Housinq Enforcement Official, and (-~-)(c) Successful completion of the ~nual Hou{ing~Maintenance Code inspection as required by Section 5~303 (~) o~ ihis Or~.ance. Such renewal shall only be effective~P0n SUccessful compl'&~ion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling..has occuri;ed in the last licensing year. Section 8: Suspension or Revoca n~-. ~-~_~ 5A.408(1) A license issued or renewed under~..this section may be revoked or suspended upon ~a ~nding of noncompliance with the provisions of this Chapter. Reinstatement cia suspeCt-ed license shall be accompanied by an amount?qo~ai to 50O~0f the license fee. Issuance of a new license : aRer suspension or rev~Cati0n ~hall be made in the manner provided for /-= '-obtaining an initial license: ~ti°n restric~ the privileges of a license subject to the following ?~:(a) The C~'~'~r%gh its Housing Enforcement O~cer, provide the licensee _~' with a ~i~n statement or reasons or causes for the proposed Council ' action~gether with a notice for public hearing. ~.~, (b) The~buncil~ shall conduct a public hearing on the proposed action and ~'?~-:.~:~ _.~p~ide findings of fact and citations to any ordinances or regulations that ~t:~;¥~?':;:j;'have been violated, together with a statement of action taken and the ~~J.~:-" conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. (c) The Housing Enforcement 6)¢deer Official shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5A.408(3) A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension,Or other action restricting the privileges of a licensee as the council may d~termine. 5A.408(4) Nondisclosure, misrepresentation or misstatemb~ of a material fact in any application for a license under this c~'Pter shall be.a prima facie showiiag of cause for revocation, suspens~o~i' or other such action restricting the privileges of a licensee as the Coun.-cil may determine. Section 9: License Fees 5A.409(1) License fees, inspection fees, and reinSpection fees shall be established by Council resolution. ' ~ Section 10: Conduct on Licensed Premises_ - 5A.410 (1) It shall be the responsibility of the'-licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in¥iolation ~f any of the following statutes or ordinances: (a) MN Stat. ~609;75 throug~609.76,'~hich prohibit gambling; (b) MN Sta{~'~609.321 through 60~.324 which prohibit prostitution and acts relating thereto; (c) - ~N' Stat. ~ 1 ~2~0~"through 152.025, and ~ 1 52.027, subds. I and 2, ,.-~.-:w~ich prohibit thb'unla~ul sale or possession of controlled substances; ~'(d) MN St~.~340A.401, which prohibits the unla~ul sale of alcoholic ~'.' bever~?~; ~"' ? ~ (e) MN ~t. ~609.33, which prohibits owning, leasing, operating, managing, ~, m~t~i~ing, or conducting a disorderly house or inviting or a~empting to ~¥; ~.. ;~: .Jn~i(b others to visit or remain in a disorderly house; ~(0 Section 10.312 of this code, which prohibits noisy assemblies; (g) MN Stat. §97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or (h) MN Stat. §609.72, which prohibits disorderly conduct. (i) MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as defined in MN Stat. § 518B.01. (j) Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. §260.315.~? (k) Section 8.201 et al. Of this Ordinance which rel~[~ to ~imal noises and public nuisances. ~'~ ~;:~-:::f:~;~_ 5A.410(2) The Police Chief (DepaAment) shall 'be respon~ible~for enforcement and administration of this section. ~; ~' '~ t. :~ ..... 5A.410(3) Upon detenninafion by the PolicetL~hief (DepaAment) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (DepaAment) shall nQ~i~ the licensee by mail of the violation and direct the licensee to take s?gs to pre~ent fuAher violations. 5A.410(4) If another instance of diso. rdedy use of the licensed premises occurs within three (3) months of an incident for which a nde'ce in subsection (3) was given, the Police Chief (DepaAment) Shall no~i~ the licensee by mail of the violation and shall also requ?e the licensee to submit a wriAen repoA of the actions taken,-~and preposed to be taken, by the licensee to prevent fuAher disorde~iy Use of the premises. This wri~en repoA shall be submiAed to the Police ~hief (DepaAment) within 5 days of receipt of the ~ notice o[d~so~derly useof the premises and shall detail all actions taken ~- by the liCenSee in responS'~e"tS~ll notices of disorderly use of the premises A':-::~' :- within th~-P~eceding three (3) months. If the licensee fails to comply with ~%~.~the require~e~nts ~f this subsection, the rental dwelling license for the '~premises may~-denied, revoked, suspended, or not renewed. An action ...~:~tO deny, revoke,'~USpend, or not renew a license under this section shall ..~:-~' be i~i~ated by the City Council at the request of the Police Chief ?: (Depa~ment) in the manner describe( in Sections 5A.408 (1) through ~: 5A.408~)., ~A~410(5) if anot~r instance of disorderly use of the licensed premises occurs within ~ ~ three~(3) months aEer any ~o (2) previous instances of disorderly use for ~.:?.~ ::.. .... ~h notices were sent to the licensee pursuant to this section, the rental ~;~;:~ ~"~??~Welling license for the premises may be denied, revoked, suspended, or ~:~ not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (DepaKment) in the manner described in Sections 5A.408 (1) through 5A.408 (4). 5A.410(6) No adverse license action shall be imposed where the instance or 5A. 410(7) Article V: Section 1' 5A.501(1) disorderly use of a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or'not renew a license based upon violations of this section ~_~ay be'~"postponed or discontinued at any time if it appears that .tR~' iic~¥~see has taken appropriate measures which will preve~it furth~i;' instances of disorderly use. ~:' ~--. ~:: - -. ~.?:" A determination that the licensed p~emises has been uSed in a disorderly manner as described in subsecboQ.(1) shall be made U-pon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to supp~ a determination of disorderly use, nor shall the fact of dismissal or a .cquittal of criminal charges operate as a bar to adverse license action under this seC~ti9n. _ In the event that a dWelling¢l~as been*declared unfit for human habitation and the owner h~S not remedied the ~ffects within a prescribed reasonable time, the dwe!¢l~ig may b~i'declare'¢~l' a hazardous building and treated in accordance with the prOpUlSiOnS Of Minnesota Statutes. ~,- '", ~ SectiOn 2: Secure ~-nfit.and vacated Dwellings 5A.502(1) '~he owner of any dwelling or dwelling unit which has been declared unfit ~'-: for human habit,ion or which is othe~ise vacant for a period of 60 days -¢*'?- or m~re'shall make the same safe and secure so that it is not hazardous to "=:~ the he~::~S&~e{y and welfare of the public and does not constitute a public nulsan~.-;~ny vacant dwelling open at the doors, windows or other wall openi~~s, if unguarded, shall be deemed to be a hazard to the health, i safety,nd welfare of the public and shall constitute a public nuisance ~:. w~h]~ ~he meaning of this Code· ..... a.ure to ComCy 5A.503(1) Upon failure to comply with a Compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder no~ithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public Remedies Hazardous Building Declaration nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment;_?:'*'rhe intent of this section is to authorize the City to utilize all of the~provisions of this Code and of Minnesota law to protect the pqiJfic's I~ealth, safety and Section 4: Remedies Cumulative 5A.504(1) Any remedies pursued under this AS0 in addition to the remedies or penaltie~:-pre~cribed un'Jet §5A.601 to 5A.611, Section 5: Cost Recove~ 5A.505(1) The Housing Enforcement Official shall b~*'authorized to request reimbumement of expenses related directly to suspension or revocation of the rental license from the owner of SUch rental ~ro~e~y. Those expenses which am reimbursable to the City shall include, but not be limited to staff time directly aEributable to the mntai license suspension or revocation action, costs of preparing~notices of such action as required under this ordinance, anE*reasona~ie expenses related to delive~ or posting of any ~ and all ~otice~=subseq~en~-to ~ rental license suspension or revocation *~ until such time as the lid~nse is reinstated by action of the City Council. 5A.505(2) ~; Any and ail'ex~enses related to rental license suspension or revocation ~ctions which ar-~.charged t0 the prope~y owner shall be due and payable ,,:* :~'s of the date Cf;license revocation or within thi~y (30) days of being ,.~= se~d not~ce of such charges, whichever is earlier. 5A.~05(3) The C~h'Oil hereby authorizes the assessment of unpaid fees, fines, ~.-. charge~' or expenses authorized by the Housing Maintenance Code ~:' p -'~t to the provisions of the Columbia Heights City Cha~er. 05(4) ~Th~:'" Clerk shall establish a separate improvement fund for the ~:~ ;--?- -' .... :-~dministration of Housing Maintenance Code charqes. The costs related to the Housing Maintenance Code shall be ce~ified annually by the Housing Enforcement O~cial to the Clerk for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. 5A.505(5) On or before Auqust 1 of each year, the Clerk shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. 5A.505(6) The Clerk shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. Article VI: Penalties " 5A.601 No person, firm, corporation, or lice shall Own and m~ntain or Operate tl~- ~. ~ ~ ~ ~'-~' ' . or rent to any other person for q~cupancy any rental f:iweihng, rental dwelling unit, or premises in which=a rental dwelling unit is located in violation of Chapter 5A, Article _!!.'~'(§5A.201, et. seq.), maintenance standard. ~ ~ 5A.602 No person, firm or corporatiod~h'all operate a'.~ental dwelling or dwelling unit without a license issued pu~rsuant to this..~Chapter or accept rental payments from a tenant 8f any un~i~n-~ed dwe'~ing or dwelling unit which payment is for occuptancy for~a p%-riSd dUring which the dwelling or dwelling unit is not license Pursuant to)~is Chapter. 5A.603 No person, firm,'~ corpora?n or lic,.ensee shall refuse or fail to allow the Bttildif~ Housing Enforcement Official to enter a dwelling or unit pursuant · to an administrative searCh Warrant for the purposes of inspection when ,' authorized by this Chapter. 5A.604 ' NO person~z *COrporation or licensee shall fail or refuse to obey a '~ComPliance Ord~_.validly issued under this Code. 5A.605_--' No pt[son, firm or corporation shall give or submit false information on a ~,' license~application or any renewal thereof. 5*:606 No Pe~s~)n'~TWho is an occupant of a rental dwelling or rental dwelling unit ~ '; shall~Cause a rental dwelling, rental dwelling unit or the premises on which ~i:71- a %e~l~al dwelling unit is located to become in violation of any of the ~i:~i':.; ~, ,¢~..d~intenance standards set forth in Chapter 5A, Article II (§5A.201, et. <~!-~. Seq.), normal wear and tear excepted. 5A.607 No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 5A.608 No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the ~":'-':-- ~,,,,,,.,,,,~ Housing Enforcement Official, for purposes of inspection when authorized by this Code. 5A.609 No person may occupy a dwelling or property posted pursuant to §5A.304. 5A.610 No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. ~ 5A.611 Any person, firm or corporation who violates or r .... ed to comply with any of the provisions of this Chapter is gui!~ 5f a misdemeanor, unless herein specifically noted. Upon conviction.-o"~f"said mis~a~meanor they shall be subject to a fine of not more than _s:e%en hundre'~d d-~ ($700.00) -hr to imprisonment not to exceed ninety~(90) da~s? br both;---~ each °{fense. Each day that a violation exists sha~l' ~,onstit[~e a separat~ffense. SECTION 2: This ordinance shall be in full for . .......... ct from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Work Session Discussion Item Topic: Hard Surface Parking Update Background Chapter 5A of the City Code, commonly known as the "Housing Maintenance Code," includes a provision requiring all areas of residential property which are driven or parked upon to be hard-surfaced with either asphalt or concrete. In 1994, this code was amended to require hard-surface parking areas and driveways for all residential property in the city as of July 1, 1997. In June, 1997, this provision was amended to require compliance as of July 1, 1998. During spdng, 1998 the Fire Department approached the City Council for direction regarding extensions for those citizens in need of additional time to comply. At that time, the Council directed that the Fire Department work with citizens where possible but that the last date for an extension to the hard-surface provisions of the code was to be July 1, 1999. At a recent Council meeting, the topic of hard-surface parking requirements and enforcement was raised. This item is in response to that issue. Analysis: In the summer of 1997, the Fire Department surveyed the city to determine the number of driveways in need of hard surface. Dudng that survey a total of 427 residential properties were identified as needing some type of hard-surface installation. Beginning on July 1, 1998, the Fire Department conducted inspections of the properties we had listed in our survey from 1997. Since the original inspections, all but 182 properties have been found to be in compliance with the provisions of the code. Many of the properties which remain had requested extensions or were granted automatic extensions because the alley they emptied into was not yet hard surfaced. The extensions granted will all expire on July 1, 1999. Extensions related to the unpaved alleys will be continued until such time as the city completes the alley resurfacing projects later this year. it is the Fire Department's intention to allow residents up to 90 days after their alleys are paved to complete the paving of their driveways. In addition, representatives from Police, Fire and Community Development will be meeting on the morning of June 7 to discuss consistency in enforcement of the hard- surface provisions. CITY COUNCIL LETTER Meeting of: June 14 1999 AGENDA SECTION: Consent ORIGINATING DEPT.: ~C/t CITY MANAGER NO: Community Development~t~,~ " APPROVAL ITEM: First Reading - Sale of 545 and 549 38t~ BY: Joe Hollman BY NO: Avenue NE DATE: June 1, 1 Issue Statement: Attached, please find a draft Sale and Development Agreement relating to 545 and 549 38t~ Avenue NE between the City and Michael C. Wilder. Background: A similar request for the purchase of these lots was before the City Council in October, 1998. At that time the developer from Bellair Concept Homes, Inc. proposed to purchase each lot for $14,500. Three other lots in the area have been sold recently to Quality Checked Construction. 572 384 Avenue was sold on 10/13/97 for $19,000. 578 384 Avenue was sold on 11/10/97 for $18,900 less removal of old foundation. A third property in the area (566 384 Avenue) was sold on 5/26/98 for $18,500. Note that these three lots are slightly larger (7,171 square feet each) than the subject properties which are roughly 52.5 x 135 (7,088 square feet) in size and are zoned R-2, Single and Two Family Residential. 566 384 Avenue was purchased at roughly $2.58 per square foot of lot. Using this formula, a potential asking price for the property could be $18,287. At the time of the previous offer, the Council countered to sell the properties for no less than $18,000 each. Council also stated that we must have a set of building plans for the property before a sale of the lot would be authorized. Analysis: Mr. Wilder has contacted the City Planner inquiring about the potential to purchase 545 and 549 38t~ Avenue for the intended purpose of constructing a single family home on each lot. Mr. Wilder is proposing to purchase the two lots for $36,000. His proposed method of payment is $500 earnest money for the two lots, and the remaining at the time of closing. Note that when the City has sold lots in the past, the fee title to the property was not conveyed to the developer until after the house was constructed. Mr. Wilder is proposing to purchase the two lots immediately. The beginning and completion dates for construction and minimum selling price (underlined in draft Sale and Development Agreement) are subject to negotiation. Also, the City has required $1,000 earnest money for other lots sold in the area. Mr. Wilder has recently constructed a home at 4427 7t~ Street NE which would be similar to the home proposed for this site (see attached plans). Note that an attached garage would likely be constructed in front of the house instead of a detached garage which was constructed at 4427 7t~ Street. Recommendation: Staffrecommends approval of the sale of 545 and 549 38t~ Avenue NE to Michael C. Wilder in accordance with the draft Sale and Development Agreement rather than the purchase agreement prepared by Mr. Wilder. Staff recommends that the price for the two lots shall be $36,000 with a total of $2,000 earnest money, and that the fee title to the property will be conveyed by Quit Claim Deed to the developer after the construction is complete. Staff also recommends that the minimum selling price be $85,000 which is the same as required for other lots sold by the City in this area. Because the Agreement will not be finalized until late July, staffwill recommend that construction on both lots be initiated within 12 months of the date of this Agreement and completed within 18 months. Recommended Motions: Move to waive the first reading of Ordinance # , there being ample copies available to the public. Move to establish June 28, 1999, at approximately 7:00 PM as the second reading of Ordinance # , being an ordinance amending Ordinance No. 853, City Code of 1977, authorizing the conveyance of certain real estate at 545 and 549 38th Avenue NE. Attached: Draft Sale and Development Agreement; Ordinance #; Purchase Agreement prepared by Mr. Wilder; Certificate of Survey; and, House plans. COUNCIL ACTION: SALE AND DEVELOPMENT AGREEMENT RELATING TO 545 and 549 38th Avenue NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND Michael C. Wilder SALE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this __ day of ,1999, by and between the City of Columbia Heights (hereinafter called the "City"), and Michael C. Wilder (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consider- ation of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The Property. The City now owns the property described in the attached Exhibits "A" and "B", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Project. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property a single family home with a two stall attached garage. The Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 2. Sale/Purchase of Property. 2.0'1. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $36,000.00. Developer shall begin construction of both homes within twelve (12) months of the date of execution of this Agreement and shall complete construction within eighteen (18) months from said start date, at which time the City will convey fee title to the property by Quit Claim Deed to Developer. Developer shall deposit $ 2,000.00 earnest money with the City either prior to, but no later than upon execution of this Agreement. Section 3. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that: 3.0'1. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. 545 and 549 38th Ave. NE Page 2 Section 4. Developer's Undertakings. 4.01. New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family home on the Property. The minimum selling price (or estimated market value if homesteaded and not sold) of each home shall be $85,000.00. 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03. Fees and Charges. The Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City of Columbia Heights with respect to the Property. Upon conveyance of the Property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04. Existing Improvements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the City. Section 5. City Undertakings. 5.01. None. Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; c. retain bidder guarantee submitted as cash, cashier's check, or money order in the amount of $2,000.00. 545 and 549 38th Ave, NE Page 3 Section 7. Notices. 7.01. Notices. All notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City City Planner City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Developer Michael C. Wilder 4024 W. Broadway Robbinsdale, MN 55422 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Its: Mayor By: Its: City Manager DEVELOPER By: Developer 545 and 549 38~ Ave. NE Page 4 STATE OF MINNESOTA COUNTY OF ANOKA On this day of ,1999, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is Gary_ L. Peterson named in the foregoing instrument, the Mayor of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his/her free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF ANOKA On this day of ,1999, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Walter R. Fehst named in the foregoing instrument, the City Manager of the City of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF ANOKA On this __ day of ,1999, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, the of A corporation organized and existing under the laws of the State of Minnesota, and that this instrument was signed as his/her free act and deed. Notary Public 545 and 549 38th Ave. NE Page 5 ORDINANCE NO. BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 545 38th AVENUE NE AND 549 38TM AVENUE NE. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Michael C. Wilder the real property at 545 38th Avenue NE described as follows, to wit: Lot 19 and the West Half of Lot 18, Block 83, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, and the South Half of the vacated alley lying North and adjacent thereto. Section 2: The City of Columbia Heights may convey unto Michael C. Wilder the real property at 549 38th Avenue NE described as follows, to wit: Lot 17 and the East Half of Lot 18, Block 83, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, and the South Half of the vacated alley lying North and adjacent thereto. Section 3: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Gary L. Peterson, Mayor Jo-Anne Student, Council Secretary 49. 50. 51. 52. PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS~. which disclaims any liability arising out of use or misuse of this fora3. 1. Date ~"'- 2. Page I of Pages 6, by~'~CASH-NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or 7. before the next business day after acceptance, in the trust account of listing broker but to be returned to Buyer if Purchase 8. Agreement is not accepted by Seller. Said earnest money is part payment for the purchase of the propbrty located at: 9. Street Address: ~45' ~-5~ --"'5~'w'' ~d~ ~ ~ ... 10. Cityof ~/u,~,',~ ~4~ ...... ~Countyof ~ State Minnesota, 11. Legally described as: ~ ~ ~ ~ ~'~ - oO '~ ~i ~ '~. 5 ~. ~ o:-~ - ~ ~' 12, . : 13. including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and 14. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drspery rods; attached lighting 15. fixtures and bulbs; plumbing fixttJres, Water heater, heat ng p ants (with any burners, tanks, stokers and oth~pment used in 16. connection therewith), built-ln air cond~itionin{~ equlpm~ni, electronic air tilter, 'Water Softener OWNED ) RENTED,~I~O~E~ilt-in humidifier 17. and dehumidifier, liquid gas tank and controls (if the property of Seller)i sump pump; attached television antenna, cable TV jacks 18. and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, co(~k top stoves, microwave ovens, hood fans, 19. intercom's; ATTACHED: Carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 20. heatilators; AND: the following personal property: .... 22 23. all of which property Seller has this day agreed to sell to Buyer for sum of: ($ ~_~_. o7 Dollars, 25. which Buyer agrees to pay in the following manner: Earnest money of $ _ ..~¢O~ co 26. and $ ~ _~o. ~O ' , · cash or~ ~'--O/~J-~. ' ~ 5~- ~ ~'~_~_ ., the d~ate of closing, and 27. the balance of $ by financing in accordance with the attached addendum: 28. Conventional FHA VA' Assumption Cpntract for Deed Purchase Money Mortgage Other: .~_~. · , le all that apply) . 29. This Purchase Agreement_lS~~ject_ ~ to a Contingency~ ~ Addendum.· (if answer is IS,. see attached addendum.) Agreement IS~ubject to cancellation Of a previously written Purchase Agreement dated 30. This Purchase 31. Buyer has been made aware of the availability of property' inspections. Buyer elects/declines to have a property inspection performed 32. at Buyer's expense. .. 33. This Purchase Agreement IS~bject to an Inspection Addendum, (If answer is IS, see attached addendum.) 34. Attached are other addenda which ~re made a p~rt of this Purchase Agreement. (Enter page or pages on line 2) 35. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a ................. Warranty Deed 36. joined in by spouse, if any, conveying marketable title, subject to: 37. (Al Building and zoning laws, ordinances, state and federal regulations; (Bi Restrictions relating to use or improvement of the property 38. without effective forfeiture provisions; (C) Reservation of any mineral rights by the Slate of Minnesota; (D) Utility and drainage easements which 39. do not interfere with existing improvements; (El Rights of tenants as follows (unless specified, not subject to tenancies): 41. (Fi Others (Must b.e specified in writing),: . . 42. SPECIAL ASSESSMENTS ~hall be paid as follows: CLOSlNG//~ER 43. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF SHALL PAY ON DATE OF CLOSING~ll installments 44. of special assessments certified for payment with the real estate taxes due and payable in the year of closing. I~IE~'~ELLER SH 45. BUYER SHALL ASSU ALL P closing all ether special assessments levied as of the date of this Agreement 46. BUYER SHALL ASSUMEt"~'~LLER SHALL PROVIDE FOR PAYMENT~'F sp-'~e iai assessments pending as of the date of this Agreement 47. for improvements that have been ordered by the City Council or other assessing authorities. (Seller's provision for payment shall be by 48. payment into escrow of two (2) times the estimated amount of the assessments, or less as required by Buyer's lender.) BUYER SHALL ASSU~ SHALL PAY °~n dat~of closing any deferred real estate taxes (i.e. Green Acres, etc.)or special assessments payment of which is required as a result of the closing of this sale. Buyer shall pay ~'eal estate taxes due and payable in the year following closing and thereafter and any unpaid special assessrnehts ~'able therewith and thereafter, the payment of which is not otherwise provided. As of the date of this Agreement, Seller represents that Seller HAS ;~ceived a notice of hearing for a 53. new public improvement project from any gevemmental assessing authority, the costs of which project may.be assessc=fl against the property. If a 54. notice of pending sp..e, cia~essment is issued after the date of this Agreement and on or before the date of closing, Buyer shall assume 55. payment of ALL/(~OTHER: , of any such special assessments, and Seller shall provide for 56. payment on date of closir~'~l~L/~IONE / OTHER: of any such special assessments. If such special 57. assessments or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ 58. Seller and Buyer Initial: Seller(s) Date Buyer(s) Date ~q M~J'P~.t CERTIFICATE FOR ~'~, t~L~'r~ MINNESOTA /REGISTRATION NO.~o / ~.z, I ~'~ I I M!CROFtLMED, OF SURVEY KURTH SURVEYING INC. 4QO2 JEFFERSON STREET COLUMBIA H£1GHTS MINN~'$OTA ~421 $CAI. E I"" EXISTING LEGAL DESCRIPTION Lots 17, 18, and 19, Block 83, COLUMBIA HEIG~ A~X TO MI~fl[~POLIS, and the South 1/2 of ~ vacats~ alley lying North and adjacent to sa~d lots, Anoka County, Lot 17, and the East Half of Lot 18, (by proportior~ ;aeasu=e), Block 83, COLUMBIA HEIGHTS N~NEX TO MINNEAPOLIS, Anoka Ccamt¥, N//lnesota, and t_he South Half of ~ vacated alley 1IH_rig North and adjacent thereto. PI~OPOSED TRACT "B" LOt 19 $~ the West Half of LOt 18, (by proportional ~easure), Block 83, COLUMBIA HEIGHTS AI~X TO ~N~rEAPOLIS, Anoka Cc~mt¥, Miralesota,' and ~ South Half of ~ vacated alley lying North and adjacent ~hereto. /0) CITY OF COLUMBIA HEIGHTS Meeting of: June 14, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: Community Development APPROVAL ITEM: Metropolitan Council Planning BY: Kenneth R. Anderson ~ BY: Grant Amendment DATE: June 3, 1999 ISSUE STATEMENT: Request for City Council approval of proposed amendment to Planning Grant SG-140 which will increase the City of Columbia Heights' share of the grant amount from $1,500 to $2,500 for the Life Cycle Housing Study. BACKGROUND/ANALYSIS: The City of Columbia Heights has previously entered into an agreement with the Metropolitan Council to receive grant funds to offset the expenses of preparation of the Life Cycle Housing Study prepared by Nancy Reeves and Associates. The original grant amount of $7,500 was to be split among five cities with each to receive $1,500. However, two cities have chosen not to go forward with the Life Cycle Housing Study, therefore, the original grant amount will be spread over three cities versus the original five. This will increase the City of Columbia Heights' share to $2,500. The Life Cycle Housing Study was completed by Nancy Reeves and Associates in May of 1998. We have attached for Council review a copy of a letter from Terry Kayser who is the Comprehensive Planning Grants Manager for the Metropolitan Council. Attached is the new text for the Planning Grant which has been modified to accommodate the new grant amounts for the cities of Columbia Heights, New Hope, and Crystal. RECOMMENDATION: Staff recommends Council approval of the Amendment and Extension of the Metropolitan Council Local Planning Assistance Program Grant Agreement #SG-97-140-D. RECOMMENDED MOTION: Move to approve the Amendment and Extension of the Metropolitan Council Local Planning Assistance Program Grant Agreement #SG-97-140-D between the City of Columbia Heights and the Metropolitan Council; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments COI/NCIL ACTION: l hr6- 7 - 1999metgrantagree Metropolitan Council Working for the Region, Planning for the Future May 18, 1999 Mr. Kenneth R. Anderson Community Development Director City of Columbia Heights 590 4¢' Ave. N.E. Columbia Heights, MN 55421-3878 Subject: Grant amendment for Council Planning Grant SG-140-D Dear Mr. Anderson: REOEIVED t4, ¥ ! 8 1999 OOMM .U_NI'I'y_ DF-.VF..LOPMF..N'I This letter is in response to a letter of March 31, 1998 from Mr., Kirk McDonald, Community Development Director for the City of New Hope, requesting a revision of the planning grant SG- 140. I earnestly apologize for the long delay in responding to this request and hope we can culminate this amendment expeditiously at this time. Enclosed are two copies of an amendment agreement for the city of Columbia Heights. Similar amendments are being mailed to the cities of New Hope, and Crystal. In the amendment, the Council plans to divide the original grant of $7,500 three ways instead of five. This means each city will receive in total, $2,500 for the production of the life-cycle housing study completed by Nancy Reeves and Associates. Note that the fourth recital (Whereas...) reference to completing the study project is to reference the additional time needed to complete this amendment process (the 3rd Therefore). The Council has a copy of the completed study in its possession and upon completion of the amendment will consider the project finished. Please read the amendments, sign and return both copies to me and I will process them through our system promptly. Thank you and I look forward to completing the amendment process for your grants. If questions remain, I can be reached at 651.602.1356. Sincerely, Comprehensive Pl~//~ants Manage~ Encl: (2) AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street St. Paul. Minnesota 55101-1626 (612) 602-1000 Fax602-t550 An Equal Oppo~tmity Employer TDD/TTY 291-0904 Metro Info Linc 602-1888 . Grant No. SG-97-140-D AMENDMENT AND EXTENSION OF METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS AGREEMENT is made and entered into by the Metropolitan Council C'Council") and the City of Columbia Heights ("Grantee"). WI:IEREAS, on or about May 26, 1998 the Council and the Grantee entered into a grant agreement identified as Council Grant No. SG-97-140-D under which the Council agreed to provide $1,500.00 in grant funds ("Grant Amount") to the Grantee for certain comprehensive planning activities associated with a joint life cycle housing needs study proposed by the cities of Brooklyn Center, Columbia Heights, Crystal, New Hope and Robbinsdale; and ~REAS, the cities of Brooklyn Center and Robbinsdale decided not to participate in the joint life cycle housing needs study project and therefore did not execute grant agreements with the Council; and WltEREAS~ by letter dated March 31, 1998 the City of New Hope indicated the joint life cycle housing needs study project would be continued by the three cities of Columbia Heights, Crystal and New Hope and, on behalf of itself and the other two remaining cities, requested an adjustment to the three cities' grant awards to reflect the.change in the joint project; and ~REAS, the Council and the Grantee mutually agree to extend Grant No. SG-97-140-D, adjust the Grant Amount to reflect the change in the joint project, and permit the Grantee and the two remaining cities to conclude the joint life cycle housing needs study project. NOW THEREFORE, in consideration of the promises and covenants contained in this agreement, the Council and the Grantee agree as follows: The Grant Amount identified at page 1 of Grant No. SG-97-140-D shall be $2,500.00, which represents a $1,000.00 increase over the. original $1,500.00 Grant Amount originally identified in Grant No. SG-97-140-D. Within fourteen (14) calendar days after execution of this agreement by the Council, the Council will disburse to the Grantee $2,500.00, which represents the $1,500.00 Grant Amount originally made available to the Grantee under Grant No. SG-97-140-D and the additional $1,000.00 amount made available under this agreement. Grant No. SG-97-140-D shall extend beyond the original December 31, 1998 expiration date to permit the parties additional time within which to conclude the joint life cycle housing needs study project and the administration of this grant agreement. The "End Date" identified at page 1 of Grant No. SG-97-140-D shall be June 30, 1999. Page I of 2 Pages Notwithstanding references to the cities of Brooklyn Center, Coon Rapids and Robbinsdale in Attachment A to Grant No. SG-97-140-D, the Grant Amount made available to the Grantee under Grant No. SG-97-140-D, as amended by this agreement, shall be used to fund the joint local planning project described in Attachment A undertaken by the three cities of Columbia Heights, Crystal and New Hope. Each of the three cities is receiving grant funds to support the joint local planning project. Except for these amendments, the provisions of Grant No. SG-97-140-D shall remain in force and effect without change and shall apply to the additional funds made available under this agreement. ~ WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to form: Associate General Counsel METROPOLITAN COUNCIL By: Thomas C. McElveen, Director Housing and Redevelopment Date: CITY OF COLUMBIA H-EIGItTS By: Natne: (Signature of .4uthorized Representative) Title: Date: By: Name: Title: Date: (Signature of ~4uthorized Representative) SG97140D.DOC Page 2 of 2 Pages CITY OF COLUMBIA HEIGHTS Meeting of: June 14, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: Community Development APPROVAL ITEM: Reallocation of 1994 and 1995 BY: Kenneth R. Anderson ~ BY: HOME Funds DATE: June 3, 1999 ISSUE STATEMENT: To request that Anoka County reallocate 1994 and 1995 unspent HOME Funds to be combined with 1999 funds to be allocated to Real Estate Equities Development Company for the "Transition Block" Liveable Communities Demonstration Account redevelopment project. BACKGROUND: The City of Columbia Heights and Housing and Redevelopment Authority (I-IRA) have made applications in the past to utilize HOME Funds for a variety of projects. Specifically, in 1995 the application was to use HOME Funds to renovate a four-plex (4607 Tyler Street NE) and to purchase two duplexes and renovate them to single family ownership housing. In 1994, the application was for the HRA to acquire and rehabilitate current duplexes for single family housing. The HOME program requires a minimum 25% local match to the HOME Funds. The total amounts awarded in 1994 and 1995 were $120,000 and $100,000, respectively. The City has received a total of $39,999.99 for the renovation of 4607 Tyler Street NE. Other requests for reimbursement were rejected by the County as the uses were not in compliance with the approved contracts and project description (see attached Exhibit A's for further project description). With the initiation of the Transition Block Redevelopment at the site currently owned by NEI College of Technology, Real Estate Equities Development Company had applied to the County for $234,894. This amount was to be used to assist in the development of 22 affordable rental housing units to be located immediately east of the existing NEI building. The County has approved the full funding to Real Estate Equities Development Company with the understanding that $180,000.01 will be reallocated from the unspent 1994 and 1995 HOME Funds. The remaining $54,894 will be funded from the 1999 HOME Funds available through Anoka County. We have also attached a letter dated June 1, 1999 from Anoka County which summarizes their funding decisions. RECOMMENDATION: Staff recommends City Council approval to direct the City Manager to inform Anoka County via the attached draft letter requesting that the 1994-1995 unspent HOME Funds be reallocated to the proposed project in the Transition Block. RECOMMENDED MOTION: Move to authorize and direct the City Manager to inform Anoka County of the request to reallocate 1994 and 1995 unexpended HOME Funds to be applied to the Real Estate Equities Development Company application; and furthermore, to authorize the City Manager to forward said notification to Anoka County and to execute all documentation necessary to implement this request. Attachments COUNCIL ACTION: ltr6-14 - 1999home94- 95 'CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HeigHtS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION Mayor: Gary L. Peterson C0uncilme~er~: Donatd G. MarLaine Szurek Julienne Wyckoff John Hunter City Manager: Waiter R. Fehst June 15, 1999 Jennifer Bergman Community Development Manager 2100 3ra Avenue Anoka, MN 55303-2265 Re: Reallocation of 1994 and 1995 HOME Funds. Dear Ms. Bergman: We are writing to request that Anoka County take all appropriate steps to reallocate the unspent 1994 and 1995 HOME Funds awarded to the City of Columbia Heights and its Housing and Redevelopment Authority. Specifically, we are requesting that these funds be combined with available 1999 HOME Funds to be allocated to Real Estate Equities Development Company to finance eligible development activities related to construction of 22 affordable rental townhouses within our "Transition Block". The City Council has taken action at our meeting of June 14, 1999 requesting and directing that I make this request of Anoka County. I am available to answer any questions you may have regarding this matter. In the event you are unable to reach me, you may call Kenneth R. Anderson, Community Development Director, at 782-2855 to help answer questions related to this matter. Thank you in advance for your cooperation and your ongoing support of programs administered in the City of Columbia Heights! Yours very truly, Walter R. Fehst City Manager C: Honorable Mayor Gary L. Peterson City Council Members Kenneth R. Anderson file H:'thom¢6-lS-99 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE bASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER uJ Z ILl COUNTY OF ANO Office of Governmental Services Division GOVERNMENT CENTER RECEIVED JUN z 1999 ~,~M~NITY DEVELOPME, 2100 3rd Avenue · Anoka, Minnesota 55303-2265 (612) 323-5700 June1,1999 JENNIFER M. BERGMAN Community Development Manager Direct #323-5709 City of Columbia Heights Attn: Ken Anaerson, Community Development Director 590 40th Avenue NE Columbia Heights, MN 55421-3878 RE: Real Estate Equities HOME Application Dear Ken: As you know, Real Estate Equities applied for 1999 HOME funds for the development of affordable rental housing units in the City of Columbia Heights. This year, we received several HOME applications totaling approximately $955,000 and a grant amount of $511,000. In order to maximize the use of the 1999 HOME funds, the HRA HOME Work Committee recommended that the City of Columbia Heights apply their outstanding 1994 and 1995 HOME funds to Real Estate Equities request. This would allow the City of Columbia Heights the opportunity to spend unallocated funds and the HRA the opportunity to fund additional HOME requests. The total application amount from Real Estate Equities was $234,894. By combining the 1994 and 1995 unspent funds ($180,000.01) and the 1999 funds ($54,894.00), we were able to completely fund their request. This is a valuable application as it creates more opportunities for affordable housing ior large Iarrdhes which is indicated as a high priority in the Consolidated Plan. Reallocating the funds to this project will allow the funds to be spent on an eligible activity, and the funds will remain in your jurisdiction. We are looking forward to working with the City of Columbia Heights and Real Estate Equities in this venture. If you have any questions please feel free to call me or Tonja West-Hafner at 323-5708. Sincerely, - //..? Jennifer M/' Berg'mad C-.,ommurfi4y Development Manager cc: Tonja West-Hafner, Community Development Assistant Calter Fehst, City Manager ...,,~,~ FAX: 323-5682 Affirmative Action /.E~.~.ual Opportunity E.mployer TDD/TTY: 323-5289 EXHIBIT A PROJECT DESCRIPTION AND BUDGET A~nount of HOME funds provided by Anoka County for the program year beginning in 1995 to City of Columbia Heiqhts ~ for: Rental Rehabilitation and Duplex Conversion Proiects A description of goods and/or services to be provided by the above-named organization with the assistance of the HOME funds and the target population to be served: #507 Columbia Heights Rental Rehabilitation and Duplex Conversion Projects The City of Columbia Heights through their Housing and Redevelopment Authority (HRA) will use HOME funds to renovate a four-plex and address code deficiencies and other basic repairs which affect the health safety and/or livability of this building. When complete, Columbia Heights will offer these units to persons age 55 and over. $100,000 The HRA will also use HOME funds to purchase two duplexes and renovate them to single family ownership housing. Two of the single family housing units will remain in Columbia Heights and will be available to families who meet the Minnesota Housing Finance Agency's First Time Homebuyer Program and HOME program requirements. Proceeds from the sale of these buildings will be used to purchase and renovate additional duplexes. Columbia Heights will provide the HOME program's required 25% non- federal match of $25,000.00. Additional details on the Individual Project Summary attached as Exhibit B. Total $100,000 Liaison per Section 4: (typed) Christina Goodroad Authorized to sign vouchers & reports per Section 4: Project to be completed by: I December 31, 1997 Patrick Hentges ~ CDBG-69 COUNTY OF ANOKA Urban Anoka County Community Development Block Grant GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 · (612) 323-5709 May 25, 1994 Mr. Don Schneider Community Development Director City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Re: Anoka County Board Approval of HOME Program Applications as Recommended by the HOME Work Group Dear Don: Congratulations! On May 24, 1994, the Anoka County Board of Commissioners approved the distribution of 1994 HOME Program funds as recommended by the HOME Program Work Group. The award to your agency is: 20,000 Sheffield Home Ownership Your agency may spend up to five percent of the total as direct administration of the projects. Any expense for administration will reduce the amount available to you for the "bricks and mortar" part of your project since the total amount to your agency will remain as given above. Please contact me at your earliest convenience so we may discuss the HOME Program regulations which will apply to your project. Regulations which may apply include environmental review, labor and equal opportunities requirements, Uniform Act relating to acquisition and relocation procedures, and income and rent requirements. By meeting before you begin we can be sure that the project will proceed smoothly. I have asked our Assistant County Attorney to draft the necessary subgrantee agreements and will be forwarding that document for appropriate signatures as soon as possible. JoAnn O. Wright Community Development Manager JOW:sw FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDDFFTY: 323-5289 EXHIBIT A PROJECT DESCRIPTION AND BUDGET AmOunt of HOME funds provided by Anoka County for the program year beginning in 1994 1:o Columbia Hei hts HRA ' for: Homeownershi0 Proqram in Sheffield Nei.qhborhood $120,000,00 ] Brief list or description of goods and/or services to be provided by the above-named organization with the assistance of the HOME funds (include description of target population to be served): The HRA will acquire and/or rehabilitate current duplexes for conversion to single family housing, The finished homes will be sold to income-qualified households. There will be deed restrictions enforcing affordability on resale or repayment of HOME Program benefit. The City will contribute at least 930,000 of non-Federal funds to the project. The City may expend up to 5% (96,000) for direct administration of the project. Liaison per Section 4A: Donald R. Schneider/Anqela Schlender Authorized to sign vouchers & reports per Section 4A: Donald R. Schneider Project to be completed by (date): 6/30/97 Patrick W. Hentges CDBG-69 CITY OF COLUMBIA HEIGHTS Meeting of: June 14, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: Community Development APPROVAL ITEM: Columbia Heights Transit Hub BY: Kenneth R. Anderson ~ BY: Plans/Design DATE: June 3, 1999 BACKGROUND: The Staff has met with the Planner from BRW who has been preparing revised plans and designs for the Columbia Heights Transit Hub which was approved by the Columbia Heights Planning and Zoning Commission in March of 1999. Attached please find a plan view and north elevation drawing for the proposed structure on the site. A site plan has also been prepared showing only the shelter location on the proposed site. You should note that additional landscaping, street furniture, bike racks, garbage containers, lighting, etc. will be included as part of preparation of the final plans and specifications for the site. ANALYSIS: Staff has reviewed the preliminary drawings and find that they substantially conform to the plans approved by the Planning and Zoning Commission. However, the revised plans have included a new element which is a unisex toilet and break room designed for MTC drivers only. This area would be 8 feet by 20 feet in size and would be located at the eastern most portion of the bus shelter. Because this is a new element to the proposed plan, staffis providing this for informational purposes for the City Council. It is our opinion that this is not a substantial revision to the approved site plan and we are not recommending any formal review and approvals by the City. However, we wish to bring this minor revision to the attention of the City Council. If there are any concerns with the attached preliminary plans, those should be brought to staff's attention at the Work Session on Monday evening in order that they can be conveyed to the architect and planners prior to preparation of final plans and specifications. Staff will be recommending that the screen wall area on the Northwest comer of the proposed shelter be extended to the comer of the center portion to served as a windbreak from the predominant Northwesterly winds occurring during the winter months. Staff will have boards available at the meeting with photographs of the Northto~vn Transit Hub for reference purposes. RECOMMENDATION: Staffwill notify BRW personnel that the proposed plans are substantially in compliance with plans approved by the City of Columbia Heights and will authorize preparation of final plans and specifications with no further City review and approvals being necessary. RECOMMENDED MOTION: None Attachments COUNCIL ACTION: h:\ltr6-14-99transithub RE=939.36 IE=925.51 SH ~ B RETAINING WALL o~ RE=939.36 IE=925.31 ~ ~ ~- RETAINING WALL RE=959.56 IE=925.31 '1 FI RETAINING WALL I BENCH/~ o 6"-' O0 O0 er-o rv'Z . ~'~ ,! & TO: FROM: DATE: RE: COMMUNITY DEVELOPMENT HONORABLE MAYOR PETERSON CITY COUNCILMEMBERS WALT FEHST, CITY MANAGER KENNETH R. ANDERSON COMMUNITY DEVELOPMENT DIRECTOR JUNE 7, 1999 BOBBY AND STEVE'S AUTOWORLD IMPROVEMENTS. Background: A rock retaining wall has recently been constructed adjacent and within the alley right of way at the Autoworld site on the east side of Central Avenue N.E. A phone call was received fi:om a concerned resident regarding the location of the rock retaining wall relative to the improved concrete alley. Upon inspection by the City Planner and myself, we discovered some differences fi:om what was approved on the site plan and what was being installed in the field. Most notably, the retaining wall encroaches into the alley right of way as does the concrete curb and gutter for "employee parking." The required 10 foot sod and landscaped area south of the alley has therefore been reduced to less than 5.5 feet in one location. The City Council approved site plan shows a retaining wall; 6 foot high, solid cedar fence; and six trees to be planted in this area. We have attached the site plan prepared today by the Engineering Department, the approved site plan, and the site plan with red line comments submitted with the building permit (please note the discrepancies). Options: Based upon the fact that approximately 2.5 feet of the parking actually encroaches into the right of way, the approved site plan will need to be revised. We offer the following options for your review and consideration. Allow the screening fence to be constructed: A. Not closer than three feet to the south line of the improved alley. B. Along the north alley lot line adjacent to the property line at 3708 Reservoir Blvd. as requested by the property owner. Require construction of a rod iron fence of similar type to that at Rainbow Foods and Central Avenue for safety purposes on the south side of the improved alley and that portion of the retaining wall at least 30 inches high and adjacent to Reservoir Blvd. This option should necessitate construction of the screening fence on the property line at 3708 Reservoir Blvd. which is on City property, therefore it should be maintained by agreement with Autoworld. Modify landscaping requirements to allow smaller plantings on the south side of the improved alley to allow space for the approved fencing. Allow parking space to encroach into the right of way with signing for Police parlOng only. Require the property owner to reset the forms for the curb and gutter and move the retaining wall to allow sufficient space for two parking spaces which do not encroach in the right of way. Vacate and/or deed a portion of the alley to Bobby and Steve's to insure that all improvements are on private property (approximately 3 to 4.5 ft.). Obtain a hold harmless agreement from the property owner and allow the retaining wall and curb and gutter improvements only to be installed as proposed. The agreement should insure the City has no maintenance responsibility and no liability for damage to vehicles or property resulting from snow removal or any other reason including compromise of the retaining wall, pedestrian accident, etc. The Street Superintendent has stated that in a normal winter snow removal should not present a problem, i.e. 16 to 20 inches of snow cover. However, if it was to be more than a normal accumulation, some snow may accumulate and drift on the Autoworld property. The screening fence(s) will have some impact on this concern depending upon location. The alley corner should include traffic signs, as necessary. As a final note, staff should insure that the retaining wall design has been prepared by a qualified engineer. Also for your information, the ordinance does not require a variance from the building setback of 7 feet since this side yard setback is allowed to be 0 feet in the RB District. Recommendation: Staff recommends that numbers 1. ~., 2, 3, and 7 all be required of the owner to resolve the problems explained above. Attachments H:kAutowofld ret. wall options.wpd 2 RECEIVED JUN-. 7 1999 ~OMMUNITY DE VE'L-,qPM E Nl 3701 CENTRAL AVE. 6.-7-99 RETAINING WALL LOCATION SURVEY RN, JKI SCALE 1'= 20' F