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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 http ://www. revisor.leg, state.mn .us/stats/168B/011 .html 6/26/01 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. http://www.revisor.leg.state.mn.us/stats/168B/03.html 6/26/01 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 http://www.revisor.leg.state.nm.us/stats/169/041 .html 6/26/01 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