HomeMy WebLinkAboutJuly 16, 2001 Work SessionCITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Our Website at: www. ci. columbia-heights, mn,us
ADMINIS TRA TION
NOTICE OF COUNCIL WORK SESSION
Notice is hereby given that a work session
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Mayor
Gary L. Peterson
C_ ouncilmembers
Marlaine Szurek
Julienne Wyckoff
Bruce Nawrocki
Robert A. Williams
CitY Mananer
Walt Fehst
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
COLUMBIA HEIGHTS CITY COUNCIL
MONDAY, JULY 16, 2001
7:00 P.M.
CONFERENCE ROOM 1
WORK SESSION
AGENDA
2.
3.
4.
5.
6.
2.
3.
4.
Consent Items
Ordinance pertaining to Parking on Landscaped Surfaces
Ordinance pertaining to Nonmoving Violations
Ordinance pertaining to Disposition of Unclaimed Property
Seeking Permission of City Council to Sell Confiscated Vehicles Through Sealed Bids
Seeking bids for Sewer Pipe Lining
Authorization to Conduct Road Rater Testing, Zone 7
Discussion Items
University Avenue Sound Wall Final Plans
Change Order #2 to BRW-Central Avenue
HR_A/EDA Transition
Restructuring of Functions in Community Development, Finance, and Fire Departments
and Acquisition of Related Software.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or
employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Colarnbia Heights' services, programs, and activities. Auxiliary aids for handicapped
persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretmy
at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
THE CiTY OF COLUMBIA HEIGHTB E)OE$ NOT E)ISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
Work Session July 16, 2001
CITY COUNCIL LETTER
Meeting of July 23, 2001
AGENDA SECTION: ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVP~L&9,
Ordinance No. 853, City BY: Thomas M. Johnson BY:
ITEM:
Ordinance
Amending
NO Code of 1977, and Pertaining to Parking on DATE: June 29, 2001 DATE:
Landscaped Surfaces
BACKGROUND
In November 1997 the City Building inspector amended Ordinance 7.205(3) in the hope that it would
allow us to remove vehicles parked on landscaped areas where the owner of the car and/or property
refused to come into compliance with our ordinance. During the last year it was discovered by the City
Attorney and the Chief of Police that the change was made to the wrong ordinance and has actually
extended the time we must leave an "abandoned" or "junk" vehicle before we can tow it. The amendment
should have been added to our parked on landscaped surfaces, Ordinance No. 5A.207(1)(b)(i).
ANALYSIS/CONCLUSION
In order to rectify this problem, the City Attorney and the Chief of Police are recommending that
Ordinance No. 5A.207(1)(b)(i) be amended to allow for the impoundment of"unauthorized" vehicles,
which is what vehicles parked on landscaped surfaces actually are. (See attached ordinance proposal).
RECOMMENDED MOTION: Move to waive the first reading of Ordinance 5A.207(1)(b)(i) there
being ample copies are available to the public.
Move to establish the second reading of Ordinance 5A.207(1)(b)(i), being an amendment to Ordinance
853, City Code of 1977, to allow for the impoundment of "unauthorized" vehicles for Monday, August
13, 2001, at approximately 7:00 p.m.
TMJ:mld
01-113
Attachment
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
AND PERTAINING TO PARKING ON LANDSCAPED SURFACES
The City of Columbia Heights does ordain:
Section 7:
Screening and landscaping
5A.207(1)(b)(i)
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.
(i)
Sodding and ground cover. All exposed ground area surrounding
the principal building and accessory buildings that are not devoted
to driveways, parking areas, sidewalks, or patios, shall be sodded
or landscaped with shrubs, trees, gardens, or other ornamental
landscape materials. No landscaped area shall be used for the
parking of vehicles or storage or display of materials, supplies, or
merchandise.
is hereby amended to read as follows:
Section 7:
Screening and landscaping
5A.207(1)(b)(i)
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.
(i)
Sodding and ground cover. All exposed ground area surrounding
the principal building and accessory buildings that are not
devoted to driveways, parking areas, sidewalks, or patios, shall be
sodded or landscaped with shrubs, trees, gardens, or other
ornamental landscape materials. No landscaped area shall be
used for the parking of vehicles or storage or display of materials,
supplies, or merchandise.
The owner of an unauthorized motor vehicle shall be given notice
of violation by the City and will be given fifteen (15) days to take
corrective action. Corrective action shall be defined as:
(1) An owner has taken corrective action when the vehicle is
legally parked and in compliance with all applicable City
Ordinances and State requirements for an operable
vehicle on public roads. In the vent corrective action was
not taken within fifteen (15) days from the notice of the
violation, the city may take the vehicle into custody,
impound it, and the vehicle is eligible for disposal or sale
as an unauthorized vehicle under section 168B.08, 45
days after notice to the owner.
This Ordinance shall be in full force and effective 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Patty Muscovitz, City Council Secretary
ORDINANCE NO. ! 3~t+
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND
PERTAINING TO PROHIBITED NON-MOVING VIOLATIONS.
The City of Columbia Heights does ordain:
7.205 (3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined
herein, anywhere with the City.
For purposes of this chapter, an "abandoned motor vehicle" shah consist of.'
(a) A motor vehicle which has remained in any one place on public property for a
continuous period of 45 hours and lacks vital component pans that are essential to the
mechanical functioning of the vehicle, or is otherwise in inoperable condition, or
Co) A motor vehicle which has remained on private property for a continuous period of 48
hours without the consent of the person in control of such property.
Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter
168.10, shnll not be considered as an abandoned motor vehicle within the meaning of'subdivision
(a).
is hereby amended to read as follows:
7.205 (3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined
herein, anywhere with the City.
For purposes of this chapter, an "abandoned motor vehicle" shall consist of.
(a) A motor vehicle which has remained in any one place on public property for a
continuous period of 45 hours and lacks vital component pans that are essential to the
mechanical functioning of the vehicle, or is otherwise in inoperable condition, or
Co) A motor vehicle which has remained on private property for a continuous period of 48
hours without the consent of the person in control of such property.
lc) The owner of an abandoned motor vehicle shall be ~ven notice of violation by the City_
and will be _~iven 15 days tO take c.~rrective action. Corrective action shall be defined as:
(1) An owner has taken corrective action when the vehicle is legally parked and
licensed, mechanically operable_ and in compliance with all state requirements for
an operable vehicle on public roads. In the event corrective action is not taken
within fiReen (15) days from the notice oft~e violation~ the City_ may ta. ke the
vehicle into custody, impound it_ and sell it immediately at public auction pursuant -
to M.S.A. section IggB.08
Provided, however, that a classic car or pioneer car as defined in l~annesota Statutes Chapter
168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision
(a).
This Ordinance shall be in full force and effective 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
November 10, 1997
November 24~ 1997
November 24, 1997
Offered by: Rue t t 1 mann
Seconded by: Peterson
A1 I ayes
Roll Call:
~/~o-Anne Smdent~ City-Co~6~cil
Secretary
~///Iv[aYo~Joieph Stu~'devant
Work Session July 16, 2001
CITY COUNCIL LETTER
Meetin$ of July 23, 2001
AGENDA SECTION: Other Ordinances & Resolutions ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROV~
ITEM: Rescind November 1997 Amendment to Ordinance BY: Thomas M. JohnsonA~ )~ BY:
NO 7.205 Pertaining to Nonmoving Violations DATE: July 2, 2001 ,.~',J DATE:
BACKGROUND
In November, 1997, the City Building Inspector amended Ordinance 7.205(3) in the hope that it
would allow us to remove vehicles parked on landscaped areas where the owner of the car and/or
property refused to come into compliance with our ordinance. During the last year it was
discovered by the City Attorney and the Chief of Police that the change was made to the wrong
ordinance and has actually extended the time we must leave an "abandoned" or "junk" vehicle
before we can tow it. The amendment should have been added to our Parked on Landscape
Surfaces Ordinance No.5A.207(1)(b)(i).
ANALYSIS/CONCLUSION
In order to rectify this problem, the City Attorney is recommending that the amendment passed in
November 1997 to the Nonmoving Violations Ordinance Number 7.205(3) be rc~noved and that
this ordinance be changed back to the way it read prior to the November 1997 change.
RECOMMENDED MOTION: Move to waive the First Reading of Ordinance 7.205(3), an
ordinance amending Ordinance 7.205(3), as ample copies are available to the public.
Move to establish Monday, August 13, 2001, at approximately 7:00 p.m. as the Second Reading
of Ordinance 7.205(3), being an amendment to Ordinance 853, City Code of 1977, to remove the
amendment of November 1997.
TMJ:mld
01-116
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO
PROHIBITED NONMOVING VIOLATIONS.
The City of Columbia Heights does ordain:
7.205 (3) No person with title or custody of a motor vehicle shall abandon such vehicle as de freed herein, anywhere with the
City.
For purposes of this chapter, an "abandoned motor vehicle" shall consist of:
(a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks
vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition,
or
(b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent °fthe
person in control of such property.
an~ ...... vl .................. ,~ ................. v ............... v
9ell ..............., ,, ~' ............,,
Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.1 O, shall not be considered
as an abandoned motor vehicle within the meaning of subdivision (a).
is hereby amended to read as follows:
7.205(3) No person with title or custody ora motor vehicle shall abandon such vehicle as defined herein, anywhere with the
City.
For purposes of this chapter, an "abandoned motor vehicle" shall consist of:
(d) A motor vehicle which has remained in any one place on public property for a contmu°us peri°d °f 48 h°urs and lacks
vital component pans that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition,
or
(e) A motor vehicle which has remained on private property for a continuous peri°d °f48 h°urs with°ut the cunsent °fthe
person in control of such property.
Offered by:
Seconded by:
Roll Call:
Patty Muscovitz, Council Secretary
First Reading:_
Second Reading:_
Date of Passage:
Mayor Ga~ Peterson
· Work Session July 16, 2001
CITY COUNCIL LETTER
2001
AGENDA SECTION: Other Ordinances & Resolutions ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE r~ APPROVAls: ~, ~ .
ITEM: Ordinance Change, Creating Section 3.202 of BY: Thomas M. Johnson,~x~ BY: /,~,~q~L
NO City Code Pertaining to Disposition of DATE: July 2, 2001 ~ ~ u DATE:
Unclaimed Property
BACKGROUND
During the past couple of years the Department has accumulated several hundred dollars in unclaimed
money and some property that was not evidentiary in nature. In order for the City to take control of
this money and property and dispose of it properly, State Statute 471.195 requires us to pass an
ordinance that defines the process to be followed.
ANALYSIS/CONCLUSION
In order to legally dispose of unclaimed money and property, a new city ordinance is needed. The
attached ordinance and procedure was developed with the assistance of the City Attorney in order for
the city to dispose of unclaimed property and money in accordance with Minnesota State Statute
471.195.
RECOMMENDED MOTION: Move to waive the first reading of Ordinance 3.203 (8), an ordinance
amending Ordinance 3.203, as ample copies are available to the public.
Move to schedule the second reading of Ordinance 3.203(8), being an ordinance amending Ordinance
3.203(8) pertaining to the disposition of unclaimed property.
TMJ:mld
01-115
Attachment
COUNCIL ACTION:
ORDINANCE NO.
CREATING SECTION 3.203(8) OF THE COLUMBIA HEIGHTS CITY CODE WHICH
PERTAINS TO THE DISPOSITION OF UNCLAIMED PROPERTY
The City of Columbia Heights does ordain:
3.203(8) The Chief of Police is authorized to administer the disposal ofproperty lawfully coming
into the possession of the City and remaining unclaimed by the owner after sixty (60) days. The
property may be used by the City for its own purposes, or, sold to the highest bidder at a public
auction, or, if determined by the Chief of Police to have no value, destroyed.
A notice specifying the date, time, and place of any auction or sale shall be published in a
newspaper of general circulation throughout the City at least one week prior to such auction or
sale.
The net proceeds of the auction or sale shall be placed in the City's General Fund, subject to the
right of the former owner to payment of the net proceeds upon application and presentation of
satisfactory proof of ownership within six (6) months of the sale. Net proceeds means the sale
price less all costs of handling, publishing, storage or sale of the item. The City may, at its
discretion, bill the owner for any costs that exceed the revenues derived fi.om the disposal.
This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Patty Muscovitz, Council Secretary
First Reading:
Second Reading:.
Date of Passage:
COLUMBIA HEIGHTS POLICE DEPARTMENT PROCEDURE
FOR DISPOSITION OF UNCLAIMED PROPERTY
All unclaimed property coming into possession of the City of Columbia Heights will be
disposed of using the following procedure and per City Ordinance 3.203(8), and State Statute
471.195:
A. All property (except motor vehicles) found or coming into the possession of the City of
Columbia Heights shall be turned over to the Police Department immediately.
B. The Police Department will make every effort to find the owner of the property using all
means available.
C. The property will be held for a minimum of sixty (60) days.
D. If after sixty days no claim has been made for the property, the Chief of Police may do
any of the following:
a. The property may be used by the City for its own purposes, or
b. The property may be sold to the highest bidder at a public auction or sale, or
c. If determined by the Chief of Police to have no value, destroyed.
E. The net proceeds ofthe auction or sale shall be placed in the City's General Fund, subject
to the right of the former owner to payment of the net proceeds upon application and
presentation of satisfactory proof of ownership within six (6) months of the sale.
F. If the property is a motor vehicle, it shall be impounded and disposed of in accordance
with Minnesota State Statutes 168B.01, 168B.06, 168B.051, 168B.07, 168B.011,
168B.04, 168B.03, and 169.041. Copies of the above listed Statutes are attached to this
procedure.
Attachments
MSA § 471.195, Unclaimed property; disposal
*72003 M.S.A. § 471.195
MINNESOTA STATUTES
ANNOTATED
MUNICIPALITIES
CHAPTER 471. MUNICIPAL
RIGHTS, POWERS, DUTIES
Page 1
295, 3~ 2, eft May 4, 1967; Laws 197i, c. 923, .q 1, eff
dune 8, 1971: Laws 1973, c. 123 art. 5, .~ T
1999 Electronic Pocket Part Update
Amended by Laws 1995, c. 79, ~ 1.
<General Materials (GM) - References,
Annotations, or Tables>
Current through End of 1999 Reg. Sess.
HISTORICAL NOTES
471.195. Unclaimed property; disposal
HISTORICAL AND STATUTORY NOTES
(1) Any city may by ordinance provide for the
custody and disposal of property lawfully
coming into its possession in the course of
municipal operations and remaining unclaimed
by the owner. Such ordinance may provide for
the sale of such property to the highest bidder at
public auction or sale or by a private sale
through a nonprofit organization that has a
significant mission of community service, after
the property has been in the possession of the
municipality for a period of at least 60 days. If
the sale is to be by public auction, the city shall
give ten days' published notice describing the
property found or recovered and to be sold, and
specifying the time and place of the sale. The
notice must be published at least once in a legal
newspaper published in the city or, if there is
none in the city, published in the county.
Consistent with other applicable statutory or
charter provision, the ordinance shall designate
the fund into which the proceeds of any such
sale shall be placed, subject to the right of the
former owner to payment of the sale price from
the fund upon application and satisfactory proof
of ownership within six months of the sale or
such longer period as provided by ordinance.
1999 Electronic Pocket Part Update
1995 Legisl~ion
The 1995 amendment, in cl. (1), changed the notice
requirement for public auctions from reasonable notice to
ten days' notice describing the property and the time and
place of sale published at least once in a legal newspaper
and authorized cities to conduct private sales through
nonprofit organizations.
1994 Main' Volume
The 1967 amendment reduced the minimum possession
period before sale from 3 to 6 months.
The t971 amendment reduced the minimum possession
period before sale from 3 months to 60 days.
*72004 Laws 1973, c. 123, art. 5, § 7, was a general
authorization for the consolidation of the terms "villages"
and "boroughs" into the term "cities" or the substitution of
the term "statutory cities" for "villages" and/or "boroughs."
REFERENCES
CROSS REFERENCES
Counties, see § 345.15.
LIBRARY REFERENCES
(2) This section does not limit the power of any
municipality under any other statutory or charter
authority.
CREDIT(S)
1994 Main Volume
Municipal Corporations ,~:~225(1).
WESTLAW Topic No. 268.
C.J.S. Municipal Corporations § 962 et seq.
1994 Main Volume
ANNOTATIONS
Laws 1957, c. 382, .q.q 1, 2. Amended by Laws 1967, c.
NOTES OF DECISIONS
Copyright (c) West Group 2000 No claim to original U.S. Govt. works
MSA § 471.195, Unclaimed property; disposal Page 2
In general I
1. In general
Unclaimed property acquired by city police department
may be disposed of under this section by ordinance
providing for the sale of such property to the highest
bidder at public auction. Op.At~y. Gen., 59a-35, July 23,
1965.
Copyright (c) West Group 2000 No claim to original U.S. Govt. works
Minnesota Statutes 2000, 168B.01 Page 1 of 1
Mi_nn~ao_ta S_tatg'~e_s 2O~00,..._Tab!.e_gf Cga~3,e!s
Table of contents for Chapter 168B
168B.01 Legislative findings~ purpose.
Abandoned motor vehicles constitute a hazard to the health
and welfare of the people of the state in that such vehicles can
harbor noxious diseases, furnish shelter and breeding places for
vermin, and present physical dangers to the safety and
well-being of children and other citizens. Abandoned motor
vehicles and other scrap metals also constitute a blight on the
landscape of the state and therefore a detriment to the
environment. The abandonment and retirement of motor vehicles
and other scrap metals constitutes a waste of a valuable source
of useful metal. It is therefore in the public interest that
the present accumulation of abandoned motor vehicles and other
scrap metals be eliminated, that future abandonment of motor
vehicles and other scrap metals be prevented, that the expansion
of existing scrap recycling facilities be developed and that
other acceptable and economically useful methods for the
disposal of abandoned motor vehicles and other forms of scrap
metal be developed.
HIST: 1971 c 734 s 1
Copyright 2000 by the office of Revisor of Statutes, State of Minnesota.
http ://www.revisor. leg. state, mn.us/stats/168B/01 .html 6/26/01
Minnesota Statutes 2000, 168B.06 Page 1 of 1
Mig~eso~g
Table of contents for Chapter 168B
168B.06 Notice of taking and sale.
Subdivision 1. Contents~ notice given within five days.
When an impounded vehicle is taken into custody, the unit of
government or impound lot operator taking it into custody shall
give notice of the taking within five days. The notice shall
(a) set forth the date and place of the taking, the year, make,
model and serial number of the impounded motor vehicle if such
information can be reasonably obtained and the place where the
vehicle is being held, (b) inform the owner and any lienholders
of their right to reclaim the vehicle under section !68B.07, and
(c) state that failure of the owner or lienholders to exercise
their right to reclaim the vehicle and contents within the
appropriate time allowed under section 168B.051, subdivision 1,
la, or 2, shall be deemed a waiver by them of all right, title,
and interest in the vehicle and contents and a consent to the
transfer of title to and disposal or sale of the vehicle and
contents pursuant to section 168B.08.
Subd. 2. Notice by mail or publication. The notice
shall be sent by mail to the registered owner, if any, of an
impounded vehicle and to all readily identifiable lienholders of
record. The department shall make this information available to
impound lot operators for notification purposes. If it is
impossible to determine with reasonable certainty the identity
and address of the registered owner and all lienholders, the
notice shall be published once in a newspaper of general
circulation in the area where the motor vehicle was towed from
or abandoned. Published notices may be grouped together for
convenience and economy.
Subd. 3. Unauthorised vehicle~ notice. If an
unauthorized vehicle remains unclaimed after 30 days from the
date the notice was sent under subdivision 2, a second notice
shall be sent by certified mail, return receipt requested, to
the registered owner, if any, of the unauthorized vehicle and to
all readily identifiable lienholders of record.
HIST: 1971 c 734 s 6; 1973 c 649 s 3; 1995 c 137 s 4; 1997 c
70 s 1; 1997 c 108 s 3
Copyright 2000 by the Office of Revisor of Statutes, Sta~e of Minnesota.
http://www.revisor, leg.state.mn.us/stats/168B/06.html 6/26/01
Minnesota Statutes 2000, 168B.08 Page 1 of 1
Table of contents for Chapter 168B
168B.08 Disposition by impound lot.
Subdivision 1. Auction or sale. (a) If an abandoned
or unauthorized vehicle and contents taken into custody by a
unit of government or any impound lot is not reclaimed under
section 168B.07, it may be disposed of or sold at auction or
sale when eligible pursuant to sections 168B.06 and 168B.07.
(b) The purchaser shall be given a receipt in a form
prescribed by the registrar of motor vehicles which shall be
sufficient title to dispose of the vehicle. The receipt shall
also entitle the purchaser to register the vehicle and receive a
certificate of title, free and clear of all liens and claims of
ownership. Before such a vehicle is issued a new certificate of
title it must receive a motor vehicle safety check.
Subd. 2. ~nsold vehicle. Abandoned or junk vehicles
not sold by units of government or public impound lots pursuant
to subdivision 1 shall be disposed of in accordance with section
168B.09.
Subd. 3. Sale proceeds; public entities. From the
proceeds of a sale under this section by a unit of government or
public impound lot of an abandoned or unauthorized motor
vehicle, the unit of government shall reimburse itself for the
cost of towing, preserving and storing the vehicle, and all
administrative, notice and publication costs incurred in
handling the vehicle pursuant to sections 168B.01 to 168B.101.
Any remainder from the proceeds of a sale shall be held for the
owner of the vehicle or entitled lienholder for 90 days and then
shall be deposited in the treasury of the unit of government.
Subd. 4. Sale proceeds; nonpublic impound lots. The
operator of a nonpublic impound lot may retain any proceeds
derived from a sale conducted under the authority of subdivision
1. The operator may retain all proceeds from sale of any
personal belongings and contents in the vehicle that were not
claimed by the owner or the owner's agent before the sale,
except that any suspected contraband or other items that likely
would be subject to forfeiture in a criminal trial must be
turned over to the appropriate law enforcement agency.
HIST: 1971 c 734 s 8; 1973 c 649 s 4; 1980 c 509 s 58; 1987 c
384 art 2 s 1; 1995 c 137 s 6
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
htt~://www.revisor.leg.state.mn.us/stats/168B/08.html 6/26/01
Minnesota Statutes 2000, 168B.051 Page 1 of 1
Mir~n. eso$~ S t a.!ut e~.._2. 009_,_T ab_.!~_9_f_ .C. bagt..eys
Table of contents for Chapter 168B
168B.051 Sale; waiting periods.
Subdivision 1. Sale after 15 days. An impounded
vehicle is eligible for disposal or sale under section i~8~.Q.~
15 days after notice to the owner, if the vehicle is determined
to be:
(1) a junk vehicle, except that it may have a valid,
current registration plate and still be eligible for disposal or
sale under this subdivision; or
(2) an abandoned vehicle.
Subd. la. Sale 15 days after notice by certified mail.
An unauthorized vehicle impounded by the city of Minneapolis
or by the city of St. Paul is eligible for disposal or sale
under section 168B.08, 15 days after notice is sent by certified
mail, return receipt requested, to the registered owner, if any,
of the unauthorized vehicle and to all readily identifiable
lienholders of record. If, before the expiration of the 15-day
period following notice of taking, the registered owner or
lienholder of record delivers to the impound lot operator a
written statement of intent to reclaim the vehicle, the vehicle
is not eligible for disposal or sale until 45 days after the
notice of taking, if the owner or lienholder has not reclaimed
under section 168B.07. Notwithstanding section 168B.06,
subdivision 3, a second notice shall not be required.
Subd. 2. Sale after 45 days. An impounded vehicle is
eligible for disposal or sale under section !6~0~., 45 days
after notice to the owner, if the vehicle is determined to be an
unauthorized vehicle that was not impounded by the city of
Minneapolis or the city of St. Paul.
HIST: 1995 c 137 s 3; 1997 c 108 s 1,2
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/168B/051 .html 6/26/01
Minnesota Statutes 2000, 168B.07 Page 1 of 1
Minn~.o_ta S.~t_atu!~s_ 2~ ~0~_T~b_l~.~.f
Table of contents for Chapter 168B
168B.07 Right to reclaim.
Subdivision 1. Payment of charges. The owner or any
lienholder of an impounded vehicle shall have a right to reclaim
such vehicle from the unit of government or impound lot operator
taking it into custody upon payment of all towing and storage
charges resulting from taking the vehicle into custody within 15
or 45 days, as applicable under section 168B.051, subdivision 1,
la, or 2, after the date of the notice required by section
Subd. 2. Lienholder. Nothing in sections 1688.01 to
168B.101 shall be construed to impair any lien of a garagekeeper
under the laws of this state, or the right of a lienholder to
foreclose. For the purposes of this section ,garagekeeper" is
an operator of a parking place or establishment, an operator of
a motor vehicle storage facility, or an operator of an
establishment for the servicing, repair, or maintenance of motor
vehicles.
HIST: 1971 c 734 s 7; 1980 c 509 s 57; 1987 c 384 art 2 s 1;
1995 c 137 s 5; 1997 c 108 s 4; 1997 c 251 s 4
Copyright 2000 by the office of Revisor of Statutes, State of Minnesota.
http ://www.revi sor. leg. state.mn .us/stats/168B/07. html 6/26/01
Minnesota Statutes 2000, 168B.011 Page 1 of 2
Minn~s_Qta Statu~s 2.0_0~0~, T.able.Qf Ch.agt~er~
Table of contents for Chapter 168B
168B.011 Definitions.
Subdivision 1. Scope. The terms used in this chapter
have the meanings given them in this section.
Subd. 2. Abandoned vehicle. (a) "Abandoned vehicle"
means a motor vehicle, as defined in section 169.0--1, that:
(1) has remained illegally:
(i) for a period of more than 48 hours on any property
owned or controlled by a unit of government, or more than four
hours on that property when it is properly posted; or
(ii) on private property for a period of time, as
determined under section i~.D_~0!., subdivision 2, without the
consent of the person in control of the property; and
(2) lacks vital component parts or is in an inoperable
condition such that it has no substantial potential for further
use consistent with its usual functions, unless it is kept in an
enclosed garage or storage building.
(b) A classic car or pioneer car, as defined in section
168.10, is not considered an abandoned vehicle.
(c) Vehicles on the premises of junk yards and automobile
graveyards that are defined, maintained, and licensed in
accordance with section 161.242, or that are licensed and
maintained in accordance with local laws and zoning regulations,
are not considered abandoned vehicles.
(d) A vehicle being held for storage by agreement or being
held under police authority or pursuant to a writ or court order
is not considered abandoned, nor may it be processed as
abandoned while the police hold, writ, or court order is in
effect.
Subd. 3. ~unk vehicle. "Junk vehicle" means a
vehicle that:
(1) is three years old or older;
(2) is extensively damaged, with the damage including such
things as broken or missing wheels, motor, drive train, or
transmission;
(3) is apparently inoperable;
(4) does not have a valid, current registration plate; and
(5) has an approximate fair market value equal only to the
approximate value of the scrap in it.
Subd. 4. Unauthorized vehicle. ,,Unauthorized vehicle"
means a vehicle that is subject to removal and impoundment
pursuant to section 168B.04, subdivision 2, or 169.041, but is
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Minnesota Statutes 2000, 168B.011 Page 2 of 2
not a junk vehicle or an abandoned vehicle.
Subd. 5. Agency. .Agency" means the Minnesota
pollution control agency.
Subd. 6. Department. "Department" means the
Minnesota department of public safety.
Subd. 7. Impound. "Impound" means to take and hold a
vehicle in legal custody. There are two types of impounds,
public and nonpublic.
Subd. 8. Impound lot operator or operator. "Impound
lot operator" or "operator" means a person who engages in
impounding or storing, usually temporarily, unauthorized or
abandoned vehicles. "Operator" includes an operator of a public
or nonpublic impound lot, regardless of whether tow truck
service is provided.
Subd. 9. Motor vehicle or vehicle. "Motor vehicle"
or "vehicle" has the meaning given motor vehicle in section
169.01.
Subd. 10. Motor vehicle waste. "Motor vehicle waste"
means solid waste and liquid wastes derived in the operation of
or in the recycling of a motor vehicle, including such things as
tires and used motor oil, but excluding scrap metal.
Subd. 11. Nonpublic impound lot. ,,Nonpublic impound
lot" means an impound lot that is not a public impound lot.
Subd. 12. public impound lot. "Public impound lot"
means an impound lot owned by or contracting with a unit of
government under section 168B.09.
Subd. 13. Unit of government. "Unit of government"
includes a state department or agency, a special purpose
district, and a county, statutory or home rule charter city, or
town.
Subd. 14. Vital component parts. "Vital component
parts" means those parts of a motor vehicle that are essential
to the mechanical functioning of the vehicle, including such
things as the motor, drive train, and wheels.
HIST: 1995 c 137 s 1
Copyright 2000 by the office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/168B/011.html 6/26/01
Minnesota Statutes 2000, 168B.04 Page 1 of 1
Mimn _e_sot~a S_t al _u.~es ~..Q0_O,.Ta_bl~..Q_f C~h~pt _er~
Table of contents for Chapter 168B
168B.04 Authority to impound vehicles.
Subdivision 1. Abandoned or junk vehicles, units of
government and peace officers may take into custody and impound
any abandoned or junk vehicle.
Subd. 2. Unauthorized vehicles. (a) Units of
government and peace officers may take into custody and impound
any unauthorized vehicle under section 169.041.
(b) A vehicle may also be impounded after it has been left
unattended in one of the following public or private locations
for the indicated period of time:
(1) in a public location not governed by section 169.041:
{i) on a highway and properly tagged by a peace officer,
four hours;
(ii) located so as to constitute an accident or traffic
hazard to the traveling public, as determined by a peace
officer, immediately; or
(iii) that is a parking facility or other public property
owned or controlled by a unit of government, properly posted,
four hours; or
(2) on private property:
(i) that is single-family or duplex residential property,
immediately;
(ii) that is private, nonresidential property, properly
posted, immediately;
(iii) that is private, nonresidential property, not posted,
24 hours; or
(iv) that is any residential property, properly posted,
immediately-
HIST: 1971 c 734 s 4; 1995 c 137 s 2
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/168B/04.html 6/26/01
Minnesota Statutes 2000, 168B.03 Page 1 of 1
Mirm_e_s.o_t_a Sta~..u...t~_s 2_099.,..T_able_o.f_.C_hal~[e.r~
Table of contents for Chapter 168B
168B.03 Violation to abandon motor vehicle.
Any person who abandons a motor vehicle on any public or
private property, without the consent of the person in control
of such property, is guilty of a misdemeanor.
HIST: 1971 c 734 s 3
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
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Minnesota Statutes 2000, 169.041 Page 1 of 2
Minn~gm Stat. u[es
Table of contents for Chapter 169
169.041 Towing authorized.
Subdivision 1. Towing authority. For purposes of
this section, "towing authority" means any local authority
authorized by section 169.04 to enforce the traffic laws, and
also includes a private towing company authorized by a local
authority to tow vehicles on behalf of that local authority.
Subd. 2. Towing order required. A towing authority
may not tow a motor vehicle from public property unless a peace
officer or parking enforcement officer has prepared, in addition
to the parking citation, a written towing report describing the
motor vehicle and the reasons for towing. The report must be
signed by the officer and the tow driver.
Subd. 3. Four-hour waiting period. In enforcing
state and local parking and traffic laws, a towing authority may
not tow, or allow or require the towing of, a motor vehicle from
public property for a parking or traffic violation until four
hours after issuance of the traffic ticket or citation, except
as provided in this section or as provided for an unauthorized
vehicle in section 168B.04.
Subd. 4. Towing allowed. A towing authority may tow
a motor vehicle without regard to the four-hour waiting period
if:
(1) the vehicle is parked in violation of snow emergency
regulations;
(2) the vehicle is parked in a rush-hour restricted parking
area;
(3) the vehicle is blocking a driveway, alley, or fire
hydrant;
(4) the vehicle is parked in a bus lane, or at a bus stop,
during hours when parking is prohibited;
(5) the vehicle is parked within 30 feet of a stop sign and
visually blocking the stop sign;
(6) the vehicle is parked in a handicap transfer zone or
handicapped parking space without a handicapped parking
certificate or handicapped license plates;
(7) the vehicle is parked in an area that has been posted
for temporary restricted parking (i) at least 12 hours in
advance in a home rule charter or statutory city having a
population under 50,000, or (ii) at least 24 hours in advance in
another political subdivision;
(8) the vehicle is parked within the right-of-way of a
controlled access highway or within the traveled portion of a
public street when travel is allowed there;
(9) the vehicle is unlawfully parked in a zone that is
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Minnesota Statutes 2000, 169.041 Page 2 of 2
restricted by posted signs to use by fire, police, public
safety, or emergency vehicles;
(10) the vehicle is unlawfully parked on property at the
Minneapolis-St. Paul International Airport owned by the
metropolitan airports commission;
(11) a law enforcement official has probable cause to
believe that the vehicle is stolen, or that the vehicle
constitutes or contains evidence of a crime and impoundment is
reasonably necessary to obtain or preserve the evidence;
(12) the driver, operator, or person in physical control of
the vehicle is taken into custody and the vehicle is impounded
for safekeeping;
(13) a law enforcement official has probable cause to
believe that the owner, operator, or person in physical control
of the vehicle has failed to respond to five or more citations
for parking or traffic offenses;
(14) the vehicle is unlawfully parked in a zone that is
restricted by posted signs to use by taxicabs;
(15) the vehicle is unlawfully parked and prevents egress
by a lawfully parked vehicle;
(16) the vehicle is parked, on a school day during
prohibited hours, in a school zone on a public street where
official signs prohibit parking; or
(17) the vehicle is a junk, abandoned, or unauthorized
vehicle, as defined in section 168B.011, and subject to
immediate removal under chapter 168B.
Subd. 5. Towing prohibited. Unless the vehicle is
described in subdivision 4, a towing authority may not tow a
motor vehicle because:
(1) the vehicle has expired registration tabs that have
been expired for less than 90 days;
(2) the vehicle is at a parking meter on which the time has
expired and the vehicle has fewer than five unpaid parking
tickets.
Subd. 6. Private property. This section does not
restrict the authority of the owner of private property to
authorize under chapter 168B the towing of a motor vehicle
unlawfully parked on the private property.
Subd. 7. Damages. The owner or driver of a motor
vehicle towed in violation of this section is entitled to
recover from the towing authority the greater of $100 or two
times the actual damages sustained as a result of the
violation. Damages recoverable under this subdivision include
but are not limited to costs of recovering the vehicle,
including time spent and transportation costs.
HIST: 1989 c 256 s 1; 1990 c 503 s 1; 1992 c 580 s 1; 1994 c
536 s 19; 1995 c 137 s 10-12
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/169/041 .html 6/26/01
Work Session July 16, 2001
CITY COUNCII~ LETTER
Meetin of July 23, 2001
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE hnson ~?~ APPRgV~L~'
NO Vehicles and/or Forfeiture Vehicles DATE: July 12, 2001 c>q~- it DA
.BACKGROUND
Each year the City has vehicles that are no longer needed in the fleet or have been replaced by other vehicles. Also, since
approximately 1998, the Police Deparmaent has used State driving while intoxicated forfeiture statutes to seize some vehicles. With this
in mind, the City has in the past auctioned the surplus vehicles and/or forfeiture vehicles. In 2000 we used the Hermepin County
auction for several cars. The issue with this format is that we must insure the cars to drive them to Medina to be auctioned, we would
have to license all of the forfeiture cars, and we must supply one person or two people--depending upon how many cars we have--to
assist with the auction.
ANALYSIS/CONCLUSION
For the year 2001, the Public Works Deparmaent and the Police Deparmaent met and discussed altemative methods of disposing of these
vehicles. We looked into the Hermepin County auction, which requires that we have a person at the auction to assist and charges 10 per
cent for each vehicle auctioned. We also looked into the City of Minneapolis auction and they are no longer interested in auctioning
cars for suburbs. We also looked into John Carlson Auctions in Isanti County, which the City has used in the past. The cost here is 10
per cent, but once again we would have to insure all of the vehicles to drive them out there and we would have to license all of the
forfeiture cars. We have also discussed a fourth option, and that would be selling the cars via sealed bids. It is recommended by both
divisions that we try the sealed bid method for the eleven (11) forfeiture cars and four City vehicles we have to dispose of in 2001.
FORFEITURE VEHICLES
1991 Toyota
1982 Chevrolet
1986 Buick
1986 Isuzu
1988 Buick
1992 Chevrolet
1984 Ford
1990 Oldsmobile
1994 Saturn
1995 Chevrolet
1994 Ford
4T1SV22E4MU446547
1GCBS14A6C2176426
1G4AH27XOG6487540
JAABL 14A3G0744296
1G4AH51RXJT426376
1G1LV1347NY276146
1FABP22ROEK272111
l G3HN54C2LH327379
1G8ZG5596P-,Z207342
IGCCS194XS8248604
1FTCR10A5RPB75687
CITY VEI~CLES
Mileage approx. 70,000 1995 Ford Crown Victoria 2FALP71W8SX156186
Mileage approx. 98,000 1983 Ford Fl50 Pickup 1FTDF15YgDPA32611
Mileage approx. 70,000 1996 Ford Crown Victoria 2EALP71WSTX128749
Mileage approx. 40,000 1989 Dodge Omm 1B3BL18D1KC480047
RECOMMENDED MOTION: Move to authorize the sale, salvage, or disposal of the attached listing of surplus City
vehicles by sealed bid. Dates for viewing and deadline to receive bids to be determined and published by the Police
Department in the Focus Newspaper, the League of Minnesota Cities Newsletter, the City's cable TV channel, and on the
City's web site.
TMJ:mld
01-121
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting off 7/23/01
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: AUTHORIZATION TO SEEK BIDS FOR 2001 BY: K. Hansen~'~ BY:
SEWER PIPE LINING DATE: 7/11/01 ~ DATE:
Background:
Public Works annually budgets $50,000 for pipe lining to address pipe deficiencies. Through the sewer line televising program,
utility crews televise and inspect 16,000 feet a year. From these reports, a determination is made on pipe conditions. Along with a
history of plugged sewers and/or backups, a determination is made for which pipe segments would benefit from pipe lining.
Analysis & Conclusions:
Two segments of pipe are recommended for pipe lining in 2001:
1,170 feet of 8" VCP clay tile on 3~d Stxeet, from 42~a to 44th Avenues, is recommended for lining. Inspection reports
have identified cracked pipe, significant tree root intrusion and infiltration. There is also a long history of plugged sewers
in this area. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints.
160 feet of 48 CMP on 40t~ Avenue, west of McKinley Street, and north along a residential easement to the rear line. In
the April 2001 Storm water Engineering Study it was recommended to replace the existing CIVIP piping with a smooth
wall interior. Due to its location between existing homes, staffis recommending to line this portion of the pipe to
improve hydraulics and flow.
Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints.
Recommended Motion: Move to authorize staff to seek bids for the 2001 sewer pipe lining.
KH.'jb
COUNCIL ACTION:
City of Columbia Heights
Public Works Deparmaent
Work Session Discussion Item
Work Session Date: July 16, 2001 rLAT.~
Prepared by: Kevin Hansen, Public Works Director/City Enginee
Item: Authorization of Professional Services for Braun Intertec to conduct Road Rater
Testing on Zone 7 City Streets.
Background:
Staffhas contacted Braun Intertec Corp. Inc. and obtained a quote for performing a visual and
mechanical condition survey of the existing streets in Zone 7 with a Road Rater. The Road Rater
provides non-destructive type testing which measures the load carrying capacity of the existing
streets. This has been an annual program for each zone and concludes the testing of local City
streets. Zone 7 is the area between California Street and University Avenue from 37~ Avenue to
45th Avenue and between University Avenue Service Road and Central Avenue from 37* Avenue to
40~h Avenue. Zone 7 is scheduled for construction in 2003.
Analysis and Conclusions:
The report from Braun will provide strength analysis and maintenance recommendations for the
streets. Zone 7 has approximately 10 miles of local and MSA streets. The quoted cost is as
follows:
$1,050.00/mile plus mobilization for an estimated cost of $11,000.00.
Requested Action:
Authorize Braun Intertec Corp. Inc. to conduct Road Rater Testing on Zone 7 streets, excluding
C.S.A.H. for $1,050.00/mile plus mobilization at a cost not to exceed $11,000.
City of Columbia Heights
Public Works Department
Work Session Discussion Item
Work Session Date: July 16, 2001 r~~
Prepared by: Kevin Hansen, Public Works Director/City Enginee
Item: Authorization of Professional Services for Braun Intertec to conduct Road Rater
Testing on Zone 7 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 7 with a Road Rater. The Road Rater
provides non-destructive type testing which measures the load carrying capacity of the existing
streets. This has been an annual program for each zone and concludes the testing of local City
streets. Zone 7 is the area between California Street and University Avenue from 37* Avenue to
45z Avenue and between University Avenue Service Road and Central Avenue from 37* Avenue to
40* Avenue. Zone 7 is scheduled for construction in 2003.
Analysis and Conclusions:
The report from Braun will provide strength analysis and maintenance recommendations for the
streets. Zone 7 has approximately 10 miles of local and MSA streets. The quoted cost is as
follows:
$1,050.00/mile plus mobilization for an estimated cost of $11,000.00.
Requested Action:
Authorize Braun Intertec Corp. Inc. to conduct Road Rater Testing on Zone 7 streets, excluding
C.S.A.H. for $1,050.00/mile plus mobilization at a cost not to exceed $11,000.
BRAUN
INTERTEC
Braun Intertec Corporation
6801 Washington Avenue South
Minneapolis, Minnesota 55439-1500
952.941.5600 Fax: 941-4151
Engineers and Scientists Serving
the Built and Natural Envlronments~
June 19, 2001
Ms. Kathy Young
City of Columbia Heights
City Engineer
637 38th Avenue NE
Columbia Heights, MN 55421-3806
RECEIVED
PUBLIC WORKS
Dear Ms. Young:
Re: Proposal for Deflection Testing on City Roads
Our apologies for the miscommunication of our documents sent with the original proposal. As
relayed to you verbally with Moses Abu on June 19, 2001, there was an error in the Scope of Services
that was sent. Please disregard the old Scope of Services and replace it with the enclosed Scope of
Services.
Thauk you for your patience and understanding in this matter. If you have any questions or if we may
be of fi~rther assistance, please contact Chunhua Han at (952) 946-6110.
Sincerely,
Braun Intertcc Corporation
Chunhua Han, Ph.D., PE
Associate Principal
Attachment:
Scope of Services
G:\WPFILES~01 PROP~NDT0 I\CITYO l/Columhgt.doc
clu~<sb
Ms. Kathy Young
City of Columbia Heights
July 7, 2000
Page 1
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.
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 trype.
3. Traffic volumes ncluding 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 $1050 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 xvith
payment due within 30 days of invoice date as noted on the enclosed General Conditions.
Authorized by:
Braun Intertec Corporation
Chunhua Han, Ph.D., P.E.
A~sociate Principal
Accepted by:
City of Columbia Heights
By:
Date:
CITY COUNCIL LETTER
Meeting of_ 7/23/01
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS,,~[.)·
ITEM: APPROVE AMENDMENT NO. 3 TO THE BY: K. Itanse..~dl~ vj BY:
PROFESSIONAL SERVICES AGREEMENT WITH BRW DATE: 7/10/01 ~-~~ DATE:
FOR CENTRAL AVENUE STREET, UTILITY AND
STREETSCAP1NG DESIGN
Background:
The City Council previously awarded the f'mal design services for Central Avenue Street and Utility Improvements to BRW at their
Febmap~ 28, 2000 regular meeting. The final design work, as identified in the Engineering Study, includes utilities: water main,
sanitary sewer and storm sewer; and street reconstruction which includes center medians, concrete curb and gutter, pavement and
sidewalks. The initial estimated cost of the work was $850,000 for utilihes and $1,745,000 for street improvements.
On October 9, 2000, the Council authorized the final design of streetscaping by BRW with an estimated improvement cost of $760,000.
Analysis/Conclusions:
Design work is complete on the street and utility plans for the Central Avenue Street Rehabilitation project, from 37th to 43~d Avenues,
and was submitted this spring to MnDOT State-Aid for their review process. Work has also been continuing on coordination with the
City of Minneapolis for alignment at 37® Avenue, searching for additional project funding, and additional design issues, from MnDOT
or from City staff. Additional work tasks have been identified with associated consultant costs that are outside the scope of the original
professional services agreement dated January 10, 2000 and amended September 14, 2000 for the inclusion of streetscape design. An
outline of each work task and associated cost is provided below:
Additional consultant services:
1. Coordination with the City of Minneapolis (intersection geometry and project staging) $7,620
2. City meeting attendance (project updates) $1,910
3. Storm sewer analysis, north of 41~t Avenue $3,640
4. Pavement design issues with MnDOT $1,890
5. MnDOT required plan revisions $28.100
Additional services performed to date: $43,160
Additional services necessary to complete bidding phase:
a) Coordination with other jurisdictions (MnDOT and City of Minneapolis) $12,180
b) Additional funding / financing plan assistance $8,000
c) Final storm plan preparation (41~t to 43r~) $19.610
Additional services to bidding phase: $39,790
A copy of the proposal letter for the outlined contract amendments to BRW's design services is attached detailing the scope of work for
each item. The additional cost of $82,950 for a revised contract amount of $348,050 represents 8.10 percent of the current engineer's
estimate of the improvement cost of $3,591,000. The additional work has resulted from either MnDOT final plan reviews (for
cooperative agreements), complex coordination issues or staffrequested changes or additions. Engineering design fees typically range
in the area of 6-8 percent of the construction cost. For cooperative projects, it is not unusual for design fees to be in the 8-9 percent
range due to additional MnDOT requirements. Public Works staff is of the opinion that the additional work is necessary for the Central
Avenue project and recommends approval of the change order in the amount of $82,950.
Recommended Motion: Move to authorize Amendment No. 3 in the amount of $82,9500 to BRW for Central Avenue Street, Utility
and Streetscaping from 37t~ to 43~d Avenues as detailed in the attached proposal letter dated July 10, 2001 for a revised professional
services agreement of $348,100; and, authorize the Mayor and City Manager to amend the agreement for the same.
KH:jb
Attachment: BRW Proposal Letter dated July 10,2001
ICOUNCIL ACTION:
July 10, 2001
Mr. Kevin Hansen, PE
Public Works Director\ City Engineer
City of Columbia Heights
637 - 38th Avenue N.E.
Columbia Heights, MN 55421
Proposal for Additional Final Design Services
Central Avenue (TH 65) Improvement Project
City Project No. 99-12
Dear Mr. Hansen:
The following supplemental proposal is offered for your consideration for additional final design
phase services for the above-referenced project. The additional services have been specifically
requested by City staff or have been required by MnDOT. The additional services are outside of
the scope of work included in our original Professional Services Agreement and previous
supplemental proposals for the project.
SCOPE OF WORK
URS/BRW has provided additional final design phase services related for the project. These
items were previously discussed with City staff as the issues arose. The previously provided
services are as follows:
1. Minneapolis Coordination
URS prepared for and attended two meetings with MnDOT and two meetings
with Minneapolis to attempt to coordinate the work at the intersection of 37t~
Avenue. We also prepared several layouts for MnDOT review to determine the
best geometry at the intersection. This issue has not yet been resolved. Our
understanding is that MnDOT is assuming a larger role in assisting Minneapolis at
this time. To date, we have incurred approximately $7,620 in fees for meetings,
alternative layouts, and construction sequencing to resolve multi-jurisdictional
issues for this intersection.
2. Council Work Sessions/Meetings
URS attended three additional work sessions and/or City Council meetings for the
project. This was required to update the Council on the progress of the project.
The costs for meeting preparation and attendance were $1,910.
Thresher Square
700 Third Street South
Minneapolis, MN 55415-1199
612.370.0700 Tel
612.370.1378 Fax
Mr. Kevin Hansen
July 10, 2001
Page 2
3. Storm Sewer ~Analysis
URS provided review and analysis of the storm sewer system originally prepared
in schematic format by the City. The information was reviewed and discussed
with MnDOT. The fees associated with this item were $3,640.
4. Pavement Design Issues
URS has had on-going communications and correspondence with MnDOT related
to the pavement design for the project. We have met with MnDOT twice to
further discuss the pavement issues. The additional fees to date for this item are
$1,890.
5. Plan Preparation Issues
Through the course of the project, MnDOT has required more detailed design
than is typically required on a State Aid plan set. Our original proposal assumed a
total of 60 plan sheets. There are currently 136 plan sheets for the project. Of
this amount, 10 relate to the University Avenue Internally Lit Sign project and 17
are related to landscaping. The remaining plan sheet total reflects the level of
effort MnDOT is requiring for this project. Additional plan sheets were required
for traffic control, signal systems, alignments, details, state-aid payment request
forms, detail tabulations, and signage and striping plans. The fees associated with
the additional detail are estimated at $28,100.
In addition to the .above listed previously performed tasks, URS has identified several tasks
remaining to complete the project. The tasks and estimated fees are presented below:
1. Coordination
We anticipate that significant coordination will be required to allow for fall
bidding of the project. We estimate that four meetings for Right of Way, two
meetings for pavement design, four meetings with MnDOT Cooperative
Agreements, four meetings with Minneapolis and four meetings with the City will
be required to complete the project. We will prepare the required graphics and
lead the meetings with all agencies. We estimate that the additional meetings will
cost approximately $12,180. We will attempt to coordinate the meetings to cover
multiple topics, however, we anticipate that the meetings listed above are a fair
representation of the level of effort required to allow the project to move forward.
Mr. Kevin Hansen
July 10, 2001
Page 3
2. Funding/Financing
We anticipate that the City will require assistance in developing a final
fundJfinancing plan for the project. At this time, we are of the understanding that
funding is a major issue for the project. We will work with City staff to review
funding alternatives and additional funding resources to allow the project to be
completed. We have allotted $8,000 to assist the City with project funding.
3. Storm Sewer Design
The City has requested that additional storm sewer design be performed for the
project. We have estimated that the construction cost associated with the storm
sewer improvements will be approximately $250,000. We estimate that the
additional services will result in $19,610 in additional fees. Our proposed fees
assume that the drainage report and system design will be completed by Columbia
Heights staff. We will review the design prepared by Columbia Heights, review
the drainage report and computations, provide feedback to the City as required,
complete the drainage plans based upon the City's design, submit the documents
to MnDOT and attend follow-up meetings with MnDOT and City staff.
4. Signal Design at 37th Avenue
We are anticipating that a fully actuated signal system will be designed for the
intersection of Central Avenue and 37th Avenue. A separate cooperative
agreement with the City of Minneapolis will be required which will address cost
shoring, design and construction responsibilities for this intersection. We have
not included costs to design the signal system at this time, however, this may be
an issue as coordination with Minneapolis continues.
ESTIMATED COSTS
BRW will perform these additional services on an hourly basis consistent with our Professional
Services Agreement. The following is a summary of the estimated costs to complete the work
tasks detailed above.
Current Not-to-Exceed Amount
Additional Services (Previously Performed)
Additional Services (Required to Complete the Project)
Revised Not-to-Exceed Amount
$265,100
$ 43,160
$ 39,790
$348,050
Mr. Kevin Hansen
July I0, 2001
Page 4
The total revised not-to-exceed cost for the design phase cost for this project is, therefore,
$348,050 including the additional services detailed in this supplemental proposal. Consistent
with our Professional Services Agreement, labor will be billed on an hourly basis using our
Standard Rate Schedule and reimbursable expenses will be billed to the City at cost with no
URS/BRW markup.
Two original copies of this propOsal are enclosed. If the proposal is acceptable, please execute
both copies on the signature blocks provided below and return one copy to us for our records.
Please let me know if You have any questions or you need any additional information.
Sincerely,
BRW, Inc.
J~. Hom, PE
Vice President
APPROVED BY:
CITY OF COLUMBIA HEIGHTS
Name
Title
Signature
Name
Title
Signature
Date
Date
CC:
Kevin Kielb/BRW
Kim Schaffer/BRW
File 33910 004 1001
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: July 16, 2001
AGENDA SECTION: ORIGINATiNG DEPARTMENT: CITY MANAGER'S
NO: Community Development APPROVAL . /~
DATE: July 13, 2001
BACKGROUND: At the EDA Board Meeting held in February of 2001, the Board discussed specific
direction and priorities of the HRA and EDA. It was suggested that the Board consider transferring all
City housing responsibilities, ownership, and operations to the Columbia Heights Housing and
Redevelopment Authority and allowing the EDA to focus on Community Development and
Redevelopment Issues. This would allow greater focus to be conducted in each respective area.
At a following Board meeting, President Ruettimann requested Board authorization to obtain procedural
direction from the EDA legal counsel and to lay out the necessary steps to accomplish the proposed
transition.
I have enclosed a copy of a letter from Steve Bubul of Kennedy and Graven Chartered, that summarizes
these steps.
RECOMMENDED MOTION: If the City Council wishes to proceed based on the schedule outlined
in Mr. Bubul's letter of June 8, 2001, City staff should be requested to prepare a calendar scheduling the
required actions by the Columbia Heights City Council, the Economic Development Authority and the
Housing and Redevelopment Authority, and authorize preparation of related resolutions and ordinances.
Attachments
COUNCIL ACTION:
h:\CL consent2001\EDA ~A Transition-Council Ltr
· ~70 Pillsbury Center
200 South Sixth Street
Minneapoli~ MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
h t tp://www, ken nedy-graven.co m
Direct Dial (6 t2) 337-9228
Email: sbubul(~kera~edy-graven.co m
June 8, 2001
Randy Schumacher
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, ~ 55421
Re: Transfer of Activities to HtC~.
Dear Randy:
You asked me to describe the process needed to transfer housing programs and activities from the
Columbia Heights Economic Development Authority ("EDA") to the Housing and Redevelopment
Authority in and for the City of Columbia HeiSts ("I-11~").
Background
First, [ should briefly recap the actions taken at the time the EDA was created. On January. 8, 1996
the City Council adopted Resolution No. 96-01 (the Enabl/no Resolution '), which established the
EDA. On the same date, the City Council adopted the following additional resolutions:
· Resolution No. 96-02, which transferred the control, authority and operation of all projects from
ge .~R.A to the ED& and also approved ~ Pm'chase of Services Agr~ment between the Ci..ty
and EDA.
· Resolution No. 96-03, appointing the in/rial EDA board of commissioners.
· Resolution No.96-04, reclassifying HRA employees as City employees under the Community
Development Department.
On January 29, 1996, the HRA passed its Resolution No. 96-01, which formally approved the
transfer of all H2~ contracts, program and property from the HRA to the EDA. The proper HRA
officials were directed to execute quit claim deeds for all real property owned by the H2RA. Also on
that date, the new EDA held its organizational meeting, at which the EDA accepted transfer of all
projects and property from the H2RA. I understand that deeds were never executed and delivered, so
title to all KRA property remains in the name of the H2RA. I also understand that ~
Commissioners have continued to be appointed, with all council members serving as commissioners
for terms that coincide with their councilmember terms.
Randy Schumacher
June 8, 2001
Page 2 of 3
Proposed Change
I understand that the current proposal is to "reactivate" the HRA for the purposes of homing
programs, but retain economic development and redevelopment activities under the jurisdiction of
the EDA. This will permit the appointment of a public housing resident to I-IRA board of
commissioners, as required under recent HUD regulations, and also allow the HRA to focus on the
issues of l--ER.A-owned housing facilities.
In 1996, HRA employees were consolidated into the City Commurfity Development Depa,~anent. i
assume that structure would remain, and that the City would provide staff and services to the I-IRA
on a similar basis that services are provided to the EDA. If there is a desire to return some
employees to the direct jurisdiction of the HR.A, additional actions would be needed to accomplish
that.
The I-IRA transfer will require a number of steps to accomplish, smmnarized as follows:
Actions by the City Council
City ordinance dividing powers. Under Minnesota Statutes, Section 469.094, the City
may by ordinance divide the economic development, redevelopment and housing
powers between the various development entities. I think the best course is to adopt an
ordinance that allocates housing powers to the HRA and all other economic
development and redevelopment powers to the EDA. The ordinance may also direct the
re-transfer of housing programs and property from the EDA to the I-IRA, which will
override the transfers made under City Resolution 96-02.
Modification to the Enabling Resolution. This action will clarify the EDA's powers,
reflecting the limitations imposed by the ordinance. The modification requires a public
hearing with at least 10 day's published notice.
· Approval of revised Purchase of Services Agreement between City and EDA, and
approval of similar agreement between City and HRA.
· Approve appointment by mayor of additional commissioner to I-IRA in accordance with
HUD regulations.
Actions by EDA
· Approve a resolution transferring housing programs and projects back to the I-IRA, and
modifying the Purchase of Services Agreement with the City.
· Modify EDA by-laws as needed to reflect new duties.
SJB-198665vl
CL205-3 -' '
Randy Schumacher
June 8, 2001
Page 3 of 3
Ac~ons by HRA
· Approve a resolution accepting transfer of projects, property and contracts, and
approving purchase of serv/ces agreement with the City.
· Modify by-laws to reflect new duties and commissioner make-up.
The above steps could be taken in this order:
1. Council adopts first reading of ordinance and calls public hearing for modification of
Enabling Resolution.
2. Council holds pubh_'c hearing and adopts modified Enabling Resolution; and second
reading of ordinance. All other Council actions could be taken at tiffs meeting.
3. EDA and I-IRA meetings could be held on the same night as the second Council
meeting, or at a later date.
If the Council and EDA with to proceed with this strategy, I suggest that you prepare a meeting
schedule and I will prepare the necessary documents.
If you or Council or EDA members have questions, please let me know.
Very Truly Yours,
cc: Walt Fehst
Dan Greensweig
SJB-198665vl -. ·
CL205-3
CITY OF COLUMBIA HEIGHTS
DATE:
TO:
FROM:
JULY 13, 2001
WALT FEHST ~
CITY MANAGER . /~ /fl/
WiLLiAM ELRiTE ~t~)-~// '
FINANCE DIRECTOR
RESTRUCTURING OF BUILDING INSPECTION SERVICES
Attached is some summary information that I have compiled based on discussions with you,
Charlie Thompson, and other staff. This information was assembled to start preliminary
discussions with the City Council in relationship to restructuring inspection services to hopefully
accomplish two things, first, to provide a better overall service to the residents of Columbia
Heights, and second, to provide some long-term cost savings to the taxpayers of Columbia
Heights. The first document is just an overall summary statement of goals and expectations.
The second document presents a rough timeline for starting this process and would definitely
need some expansion and restructuring if the City Council is interested in pursuing the option of
restructuring building and fire inspections into one inspection department. The third document is
a rough projection of cost savings. This document takes into consideration the elimination of the
current assistant building inspector position, the cost of acquiring new building inspection
software, and the restructuring of both the Fire and Finance departments to provide the additional
services.
It is quite obvious that these documents have all been prepared on a preliminary basis and if the
council is interested in pursuing this issue, they would need further refinement with more detail
being added. If there is anything else you would like at this time, please let me know.
WE:sms
0107131CM
Attachments
Restructuring of Building_ Permits/Inspection Department
July 13, 2001
Mission
To provide the best possible service to residents in the most cost-effective manner.
Background
In the 1970's and 1980's the Building Inspection Department was a department directly under
Administration and the supervision of the City Manager. During this time period the department
was comprised of three employees, a clerk, an assistant building inspector, and a building
inspector. These three positions covered all aspects of building permits and inspections,
including zoning issues. In the 1990's the Building Inspection Department was moved to
Community Development. At that time, the department was restructured into a building
inspector, clerk and the assistant building inspector position was eliminated and replaced with a
grant zoning/planner position. Under this new structure the grant zoning/planner position was
responsible for the zoning aspects of the Building Inspection Department that had previously
been done by the building inspector and assistant. This structure is currently still in place.
Concems with the Current Structure
The current structure of the building inspector and clerk has, at times, not provided an adequate
staffing level to provide the best service to residents. Under this structure, the Permits
Department in essence is closed from 12 noon to 2:30 p.m. for lunch and to process paperwork.
This structure prohibits residents from acquiring permits over the lunch hour or during this 2-1/2
hour period of time. In addition to this, with the limitation of two people in the department, there
are often times when individuals are not available to assist the public.
Proposed Restructuring
The proposed restructuring is to move the building inspector position to the Fire Department and
combine this position with the Inspection Department that is currently in the Fire Department.
Currently the Fire Department handles all fire and code inspections and housing maintenance
code inspections. The addition of the building inspector to this group would provide one full
service inspection department that could provide a more rounded and complete inspection
service to residents. By adding the building inspector position to the Fire Department and
providing additional training to Fire Department inspectors in the building inspection area, we
would have a full service department with backups to ensure that inspection services are
available to residents from 8:00 a.m. to 4:45 p.m. Monday through Friday. Under this structure
the actual sales of building permits would be moved to the Finance Department and handled at
the main information window. To accomplish this, restructuring would be necessary in both the
Fire and Finance Departments with some revision of hours and job descriptions in both areas.
However, the bottom line is that one fulltime position would be eliminated and with the
restructuring, should result in a cost savings of approximately $25,000 per year.
Page Two
Proposed Timeline
July 2, 2001 ~ Management staff will complete the review of the feasibility of combining
the current Building Permits/Inspection Department into the Fire
Department with the Finance Department actually issuing the permits.
July 9, 2001 Staff will review with the City Manager the proposed new staffing plans
for the Fire and Finance Departments along with recommendations on the
purchase of software to accommodate the Building Inspections
Department.
July 16, 2001 Staff will make a presentation to the City Council regarding the feasibility
of restructuring the Building Permits/Inspection Department and
restructuring the Fire and Finance Departments, along with the
recommendations for software purchases.
July 23, 2001 City Council will take formal action on staff's recommendations to
purchase new software.
July 30, 2001 Staff will order appropriate software and begin the restructuring process.
September 10, 2001 Staff will work with the chosen vendor to begin the installation and setup
of new software for Building Permits/Inspections.
October 15, 2001 Installation of software and testing should be completed.
November 1, 2001 Complete the formal transformation of the Building Inspector from the
Community Development Department to the Fire Department and have the
Finance formally take over the licensing process.
0106151CD
City of Columbia Heights
Restructuring of Building Inspection Services
Project Cost Savings
Prepared 7/13/01
First Year Cost Savings
Currrent cost for Assr Building Insp.
50,372
New Expenses
Building Inspection software
Restructuring Fire Dept
Restructuring Finance Dept
Total New Costs
20,000
10,000
10,000
40,000
Second Year Savings
Currrent cost for Asst Building Insp.
52,135
New Expenses
Software Maintenance
Restructuring Fire Dept
Restructuring Finance Dept
Total New Costs
3,000
10,350
10,350
23,700
Third Year Savings
Currrent cost for Asst Building Insp.
53,960
New Expenses
Software Maintenance
Restructuring Fire Dept
Restructuring Finance Dept
Total New Costs
3,000
10,712
10,712
24,424
Foudh YearSavings
Currrentcost ~rAsstBuildinglnsp.
55,849
New Expenses
Software Maintenance
Restructuring Fire Dept
Restructuring Finance Dept
Total New Costs
3,000
11,087
11,087
25,174
Fifth ),ear Savings
Currrent cost for Asst Building Insp.
57,804
New Expenses
Software Maintenance
Restructuring Fire Dept
Restructuring Finance Dept
Total New Costs
3,000
11,475
11,475
25,950
Total 5 year savings 130,872