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HomeMy WebLinkAboutMay 5, 2008 Work SessionCITY aF COLUMBIA HEIGHTS ~,~~ (ictrN (_ l'ck•rsnrr Conncilmrmbecs Roocrt .-9. (i7(iumre 590 40'" Avenue NE, Columbia Hei hts MN 55421-3878 (763)'706-3600 TDD (763) 706-3(92 g ttrra~e n,'u~t~r„r~1, T~,,,,~,~-, a n,~t,,,, Visit our website at: wxrrv.ci.coluuabia-hei~hts.nrn.aas H,•ua• Kelau~h~,;~; Clay M1lanager H'~d,car 12. Frh.cl ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be held in the CITY OF COLUMBIA HEIGHTS as follows; Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: MAY 5, 2008 Time of Meeting: 7:00 P.M. Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION AGENDA Minneapolis Water Works: Water quality issues -discussion 2. Residential Inspection Before Sales Program (RIBS) 3. Proposed Rental License Moratorium 4. LED Signage and Dynamic Signage 5. Civil Service Commission 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 Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) IYTTty> !'1/1T T1VT lYTT N M K ~I1 Y ~~~1\~jL LLl~ 1A110. Meeting of: 5/5/08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: MINNEAPOLIS WATER WORKS (MWW) BY: K. Hansen E et~ , BY: DATE: 5/01/08 DATE: Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples, and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called `tuberculation' and results in restricted flows. In January of 2005, Staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. In 2007, the discolored water problem worsened and became much more widespread, and in other communities. To address the rusty water problems that were experienced in 2007, crews are now doing directional flushing in addition to conventional flushing throughout the city. Public Works has informed residents in the city newsletter, the Focus., and cable TV of the flushing schedule and will also implement the use of the 911 reverse call system. for flusllir~g notification. Staff requested that Chris Catlin, Director of MWW Plant Operations attend a council meeting to inform the council on the current status of their water production, background on general water chemistry affecting tuberculation and. methods they recommend and use to address and/or reduce v~~ater quality issues. KH:kh COUNCIL ACTION: CI'TE' C®UNCIL LETTER Meeting of: Mav 5, 2008 AGENDA SECTION: WORKSESSION ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Residential hlspectian Before Sales BY: Scott Clark BY: ~ ~f~. y (RIBS) Program DATE: April 30, 2008 Background: Staff has been working with Bennett Consulting to draft a series of documents relating to a Poii7t of Sale (here after referred to as the "Residential Inspection Before Sales (RIBS) program. Staff has attached with this action a series of documents including a flowchart illustrating the recommended process, a draft ordinance, a sample inspection work sheet and a timeline for implementation based on given assumptions (mid September}. A common question for this type of program is how onerous are the program requirements (staff is- recommending using our existing International Property Maintenance Code as the standard). In order to replicate a "real time" example staff is suggesting that two Council members volunteer their house for an inspection in May. At our next work session staff would then present the type of items needed for correction and cost (results will be labeled as House I and House II for anonymity.) As shown. on the process chart, if Council wants to expedite this process we would have one additional work session in June and then start the approval process. At the same time, staff would be worizing on securing inspectors and the real estate community education process. l~eeommendation: Recommended Motion: COUNCIL ACTION: Sequence to Closing -Draft Residential Inspection Before Sale (RIBS) Program RIBS Program Seller submits application and fee to city. Seller schedules and obtains city of initial inspection before placing the home on the market. Columbia Heights Community Development No corrections required Corrections required ........................... Certificate of Property Maintenance issued by : Code Official Home can be sold Comp/lance Order issued by Code Official Seller chooses to complete required corrections 1. Prior to the sale of the home, seller completes required corrections 2. Seller schedules and obtains re-inspection(s) until all corrections are completed Important Notes - A RIBS initial inspection is required before listing, advertising, posting a "For Sale" sign or otherwise offering a property for sale. - A home cannot be sold without either a Certificate of Property Maintenance or a Temporary Certificate of Property Maintenance signed by the seller and buyer with adequate cash escrowed to the City. For more information contact the Community Development Department at 763-706-3678 ............................ Certificate of Property Maintenance issued by : Code Official ............ ..............: Home can be sold Seller notifies city that the Buyer will complete required corrections Temporary Certificate of Property Maint. 1. Buyer accepts responsibility of completing required corrections within 90 days 2. Buyer or seller escrows amount acceptable to the city to complete required repairs Home can be sold Buyer 1. Buyer completes repairs within 90 days 2. Buyer schedules and obtains re- inspection(s) until all corrections are completed Certificate of Praperty Maintenance issued by : Code Official .............................. DRAFT #3; Last revised 4/21/08 Ordinance Number AN ORDIANCE AMENDING SECTION OF THE CITY OF COLUMBIA HEIGHTS CODE BY ADDING LANGUAGE ESTABLISHING THE REC~UIREMENTS OF THE COLUMBIA HEIGHTS RESIDENTIAL INSPECTION BEFORE SALE PROGRAM Section _. Residential Inspection Before Sale Program Article 1. Purpose and Definitions Section 1: Purpose. For the benefit of the community, the City of Columbia Heights has deemed it necessary and appropriate to maintain, preserve and improve residential housing by providing an orderly and effective way to insure compliance with housing codes and provide an inspection system applicable to increased concerns far health, safety and protection of its citizens. Section 2: Intent; relation to the provisions of City Code. The City Council intends that the Residential Inspection Before Sale Ordinance (RIBS) be an integral part of the City's program of health, safety, fire, building and land use regulation. It shall be a portion of the City Code, to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives in this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, or building and land use regulations. Section 3: Definitions. 1. Certificate of Property Maintenance: A certificate issued to the owner of a dwelling after a housing inspection when no deficiencies or hazardous items are found or when all conditions identified in a Compliance Order have been satisfied. 2. Code Official. The Code Official refers to the current city Building Official or the designee. 3. Compliance Order. A document issued to the owner of a dwelling after a housing inspection that requires the correction of identified deficiencies or hazardous items. 4. Residential Dwelling: A building of one (1) or more portions thereof occupied or intended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins, or trailer coaches. 5. Dwelling, single-family: A building so designed as to contain one (1) dwelling unit as its principle use. 6. Dwelling, two-family: A building so designed as to contain two (2) dwelling units as its principle use. DRAFT #3; Last revised 4/21/08 7. Dwelling Unit-A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 8. Manufactured Home: - Asingle-family detached dwelling designed for year- round occupancy, constructed at a factory or assembly plant and drawn to the site on an attached under carriage and wheels, and then placed on a permanent foundation. It may include modular or prefabricated dwelling units placed on permanent foundations, which meet or exceed the requirements of the current Minnesota State Building Code. 9. Immediate Hazard: A condition, structural failure, or defect that is likely to cause injury to a person or property if not corrected. 10.Owner's agent: A person who acts for or has the power of attorney or other authority to act on behalf of the owner of a dwelling. 11. Repair. To restore to a sound acceptable state of operation, serviceability, safety, or appearance. 12. Replace. To remove an existing item or portion of a system and to construct or install a new item of similar or new quality as an existing item when repair of an item is impractical. 13. Sale: The transfer of title or possession of a dwelling whether or not absolute title is transferred. 14. Temporary Certificate of Property Maintenance: A certificate issued to the buyer of a dwelling along with a Temporary Maintenance Agreement providing for a specified period of time to complete items identified in the Compliance Order and accompanied by a cash escrow equivalent to the cost of the improvements. Article 2: Sale of Property; Certificate of Property Maintenance Section 1: General. No owner of residential dwelling shall offer for sale by exhibiting or showing a dwelling within the City without first having an initial Residential Inspection Before Sale (RIBS?. Prior to the sale of a residential dwelling, the owner must furnish to the prospective buyer thereof, and obtain from the buyer a signed receipt therefore, a copy of a Certificate of Property Maintenance issued by the Code Official within one (1) year after the date of issuance of the Certificate of Property Maintenance or a Temporary Certificate of Property Maintenance following the procedures described in Article 2 Section 5. The RIBS requirement does not apply to: 1. Any newly constructed dwelling when title is transferred to the first owner; 2. The sale or other transfer of title of any dwelling to a public body; 3. The sale or transfer of titles of any dwelling for the purpose of demolition; 4. The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a probate court or the resale after foreclosure. DRAFT #3; Last revised 4/21/08 Section 2: Process to Obtain a Certificate. The Code Official shall issue a Certificate of Property Maintenance or a Compliance Order to the owner or owner's agent within 15 days after gaining access to the interior of all structures on the subject property when: a) the owner or the owner's agent has applied in writing to the Code Official, giving consent to such inspection, and the owner or owner's agent has agreed to a time during normal city working hours at which the subject property will be available for inspections, and has paid the inspection fee; and b) the Code Official, or designee, has inspected the structure and grounds and has noted any conditions found during the inspection that are in violation of the City Code. Section 3: Compliance Order. A Compliance Order shall be issued to the owner when deficiencies, unsafe conditions, or hazardous items have been identified during a housing inspection as described in the Columbia Heights Property Maintenance Code Chapter 5.A. Section 4: Certificate of Property Maintenance. The Certificate of Property Maintenance shall be awarded to the owner when the Code Official has determined that there are no outstanding deficiencies, unsafe conditions, or hazardous items. At that time, the owner may legally sell his/her dwelling. During the period of one year following its issuance, a Certificate of Property Maintenance may be accepted by the city in satisfaction of the requirements of this section without the need for a second inspection. After one year following its issuance, if there has been no transfer of ownership, the owner must request that the Certificate of Property Maintenance be renewed as per Article 2, Section 6 to ensure that the dwelling continues to be in compliance with the City Code. Section 5: Temporary Certificate of Property Maintenance: cash escrow A Temporary Certificate of Property Maintenance may be issued by the City Code Official permitting the transfer of ownership of the property providing: 1) No immediate hazardous conditions exist on such property. 2) An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property within 90 days of the issuance of the Temporary Certificate of Property Maintenance. 3) The buyer (or seller) agrees to provide a financial guarantee in the form of a cash escrow to ensure completion of any corrections to the property by depositing with: a) the lender or title company (and a copy of which is provided to the Code Official), or b) the city when a lending institution or title company is not involved in the transaction. DRAFT #3; Last revised 4/21/08 4) The cash escrow shall be in an amount at least equal to the retail value of the work necessary for compliance with this Section as determined by: a) the Code Official using R.S. Means Construction Manual or other reference, andfor b) the receipt of a written bid from a licensed contractor, approved by the Code Official as a reasonable estimate of the cost of repairs (materials and labor). 5) The escrow must be fully maintained until a Certificate of Property Maintenance is issued. The Code Official may issue one partial draw from the escrow upon satisfactory completion and verification of work. Section 6: Renewal of Certificate of Property Maintenance. If after one (1) year following the issuance of a Certificate of Property Maintenance, no sale has occurred, the owner must submit to the Code Official a request to have the initial Certificate of Property Maintenance renewed. Re-inspection of the property will be required only if the property has been vacant for more than 6 months. A renewal, approved by the Code Official, is applicable far one (1) year following its issuance. Section 7: No warranty by Cit rte. Nothing in the Certificate of Property Maintenance shall indicate or shall be deemed to indicate that a building meets all minimum maintenance and building standards. The inspections conducted pursuant to this Code are made in order to improve the overall housing stock in the City of Columbia Heights and are not meant to be a warranty or a guarantee of the condition of a dwelling. The report issued by the Code Official, or designee, is not a representation to any individual buyer, seller, or renter regarding the condition of the building nor is the report intended for the special benefits of any individual. Article 3: Administration Section 1: Application & inspection 1. Application Required. The owner or owner`s representative is required to make application for a Certificate of Property Maintenance before any property is offered for sale, gifted, transferred, conveyed by contract for deed or other transaction changing the party responsible for the property. 2. Fee. At the time of application, the applicant for a Certificate of Property Maintenance must pay the property maintenance inspection fee appropriate for the type of building as set forth by annual City Council resolution. 3. Inspection. Upon receipt of a properly executed application and payment of the fee the Code Official will cause a property maintenance inspection to be made of the premises to ensure the structure(s) and parcel premises DRAFT #3; Last revised 4/21/08 are in compliance with applicable provisions of the City of Columbia Heights Property Maintenance Code Section 5.A. 4. Final Inspection. Upon completion of repairs or corrections, made to the structure and premises in compliance with the City of Columbia Heights Property Maintenance Code Section 5.A per the Compliance Order, the property owner shall request the Code Official to conduct a final inspection(s), which may be combined with final building permit inspection(s), where required. 5. Renewal and Fee. Upon request of the owner or owners agent, a Certificate of Compliance may be renewed following one (1) year after the Certificate of Compliance has been issued provided that the dwelling was not sold, gifted, transferred, conveyed by contract for deed or other transaction changing the party responsible for the property and that the renewal fee, as set forth by annual City Council resolution, has been paid. Article 4: Appeals A person aggrieved by a RIBS Compliance Order may appeal for relief from the action of the Code Official or designee to the City of Columbia Heights Board of Appeals. The decision and order of the Board of Appeals shall be binding to all parties. Article 5: Violations and penalty - To Be Drafted by City Attorney Article 6: Effective Date This ordinance applies to all transfers of any property occurring that is listed or otherwise offered for sale after 2008. Add Approval Date, Signature Sheet City of Columbia Heights Residential Inspection Before Sale Proposed Ordinance Process for Adoption May 5, 2008: City Council 1St Work Session -review draft ordinance, inspection process and program. documents, discuss policy issues, process for adoption and answer questions. May 5-June 2: Tasks: Interview private inspectors, conduct mock inspection & prepare inspection report, modify ordinance if necessary June 2, 2008: City Council 2"~ Work Session -review and discuss modified ordinance, mock inspection report and private inspector proposals June 2-July 1.4: Tasks: Finalize ordinance for adoption, prepare communication plan and materials, prepare private inspector contracts, establish fee schedule July 14, 2008: City Council Regular Meeting - I St reading of ordinance establishing section of the city code for the Residential Inspection Before Sale Program August 1.1, 2008: City Council Regular Meeting - 1. 2"d reading of ordinance establishing section of the city code for the Residential Inspection Before Sale Program 2. By resolution, consider adoption of Residential Inspection Before Sale ordinance 3. Consider approval of private inspector contracts 4. By resolution, modify BOOR fee schedule August 18, 2008: Publish summary ordinance in official newspaper of the City September 18, 2008: Ordinance effective 30 days following publishing of summary ordinance. Property Address: Page- 1 - of 4 ri-uja~riy t.uatut~buaa rc~}rurc ~„ Columbia Heights Residential Inspection Before Sale (Carefully read this entire report} ~ 1 HI5 REPORT IS NOT A WARRANTY, BY THE CITY OF COLUMBIA HEIGHTS, OR EVALUATOR OF THE FUTURE USEFUL LIFE, OR THE FUTURE CONDITIONS OF ANY BUILDING COMPONENT OR FIXTURE. Notate: A copy of this Report must be publicly displayed at the premises when. the house is shown to prospective buyers, and a copy of this Report must be provided to the buyer prior to the time of signing a Purchase Agreement. Address of Evaluated Dwelling: Owner's Name: Owner's Address: Listing Agent and Agency: --, Type of Dwelling: Single Family Duplex Townhouse Condo's ~ For condominium units, this evaluation includes only those items located within the residential units and does not include the common use areas, or other areas of the structure. Comments: HOMEOWNER/REPRESENTATIVE DISCLOSURE STATEMENT: TO BE COMPLETED BY THE OWNER OR THEIR REPRESENTATIVE. I, THE OWT~IER OR REPRESENTATIVE OF THE OWNER, DECLARE THAT AS OF THIS DATE, THERE ARE _ ARE NOT CODE VIOLATION ORDERS PENDING ON THIS PROPERTY FROM ANOKA COUNTY PUBLIC HEALTH OR ANY OTHER CITY OF COLUMBIA HEIGHTS AGENCIES. I FURTHER DECLARE THAT, TO THE BEST OF MY KNOWLEDGE, THERE _HAS HAS NOT BEEN FLOOD DAMAGE, SEWER BACK-UP OR WATER SEEPAGE IN THE BUILDING. Signature of the Owner or Representative Date This Report: I. is intended to provide basic information to the home buyer and seller prior to the time of sale. Minimum standards for this report are contained in the City of Columbia Heights City Code (Chapter XX). This report WILL be used to enforce requirement of the City Code. 2. is not warranty, by the City of Columbia Heights, of the condition of the building or any building component, nor of the accuracy of this report. 3. covers only the items listed on the form and only those items visible at the time of the evaluation. The Evaluator is not required to ignite the heating plant, use a ladder to observe the condition of the roofing, disassemble items or evaluate inaccessible areas. 4. may be based upon different standards than the lender, Federal Mousing Administration (FHA} or Veterans Administration (VA). 5. is valid for one year from the date of issue and only for the owner named on this report. Questions regarding this report should be directed to the evaluator. Complaints regarding this report should be directed to City of Columbia Heights, Community Development, Residential Inspection Before Sale program, 590 40`h Avenue NE, Columbia Heights, MN 55421, Phone No. 763.706.3678 Evaluator: Date: Property Address: Page- 2 - of 4 "M"= Meets minimum requirements -the item complies with the minimum Housing Code requirements. "B"= Below minimum requirements -the item is below minimum Housing Code requirements. "C"= Comments -the item cannot be adequately evaluated or it has same deficiency, but the deficiency is insufficient to make the item below minimum requirements. "H"= Hazardous -the item in its present condition may endanger the health and safety of the ~ occupant. "Y»= Yes <.N,>= No Any item marked `B", "C" or "H" must have a written commcu< <ihout the item. Additional comment sheets may be attached if needed. Item# Comments BASEMENT/CELLAR 1. Stairs and Handrails ................................. 2. Basement/cellar floor ................................ 3. Foundation ............................................ 4. Evidence of dampness or staining ................. 5. First Floor, floor system ............................. 6. Beams and columns .................................. Electrical Service(s) # of Services ......................._ 7. Service Size: Amps: 30 _ 60 100 _ 150 Other _ Volts: 120 _ 1.20/240 8. Electrical Service installaton/grounding......... 9. Electrical wiring, outlets and fixtures ............. PLUMBING SYSTEM 10. Floor Drains .......................................... 11. Waste and vent piping .............................._ 12. Water pip'rng .......................................... 13. Gas piping (All floors) ............................... 14. Water heater(s) installation .......................... 15. Water heater(s) ventirg .............................. 16. Plumbing fixtures ..................................... HEATING SYSTEM(S) # of ............................._ 17. Heating plant(s) Fuel: Type: a. Installation and visible condition ................... . _ _. - b. Viewed in operation ................................._ c. Combustion venting ................................. The Evaluator is not required to ignite the heating plant(s) 18. Additional heating unit(s) Fuel: Type: _ a. Installation and visible condition..... ............... b. Viewed in operation ................................. c. Combustion venting ................................. i9. AD®YTfONAL Ct;MMENTS ................... Evaluator: _ Date: Property Address: KITCHEN 20. Walls and ceiling ..................................... 21. Floor condition and ceiling height .................. 22. Evidence of dampness or staining .................. 23. Electrical outlets and fixtures ........................ 24. Plumbing fixtures ..................................... 2S. Water flow ............................................. 26. Window size and openable area ..................... 27. Window condition .................................... LIVING AND DINING ROOM(S) 28. Walls and ceiling ...................................... 29. Floor condition ........................................ 30. Evidence of dampness or staining .................. 31. Electrical outlets and fixtures ........................ 32. Window size and openable area ..................... 33. Window condition .................................... HALLWAYS, STAIRS AND ENTRIES 34. Walls, ceiling and floors .............................. 35. Evidence of dampness or staining .................. 36. Stairs and handrails to upper floors ................. 37. Electrical outlets and fixtures ........................ 38. Window condition .................................... 39. Smoke detector(s) ..................................... Properly located ....................................... Hard-wired ............................................ . BATHROOM(S) # of: Full Partia] 40. Walls and celling ...................................... 41. Floor condition ........................................ 42. Evidence of dampness or staining .................. 43. Electrical outlets and fixtures ........................ 44. Plumbing fixtures ..................................... 45. Water flow ............................................. 46. Window size and openable area or mechanical exhaust ................................................. 47. Condition of windows or mechanical exhaust..... SLEEPING ROOM(S) No. of: 48. Walls and ceiling ...................................... 49. Floor condition, area, and ceiling heights......... 50. Evidence of dampness or staining .................. S 1. Electrical outlets and fixtures ........................ ----- 52. Window size and openable area ..................... 53. Window condition .................................... ENCLOSED PORCHES AND OTHER ROOMS (Evaluator shall identify each additional room separately and comment when necessary.) 54. Wails and floor condition ............................ 55. Evidence of dampness or staining .................. 56. Electrical outlets and fixtures ........................ 57. Window condition .................................... ATTIC SPACE (Visible Areas) 58. Roof boards and rafters .............................. 59. Evidence of dampness or staining .................. 60. Electrical wiring/outlets/fixtures .................... 61. Ventilation ............................................. b2. ADDITIONAL COMMENTS ..................... Page- 3 - of 4 `;VI"= Meets minimum requirements "S" =Below minimum requirements "C"= Comments "H"= Hazardous "Y"= Yes "ti"= No Item # Comments Evaluator: Date: Property Address: Page- 4 - of 4 FXTFRIf)R "Ni"=Meets minimum requirements "B" =Below minimum requirements 63. Foundation ............................................. "C"=Comments "II"= I Iazardaas'Y"= Yes "\"= No 64. Basement/cellar windows ............................ Item # Comments 65. Drainage (grade) ....................................... 66. Exterior walls .......................................... b7. Doors (frames/storms/screens} ...................... b8. Windows (frames/storms/screens) .................. 69. Open porches, stairways and decks ................. 70. Cornice and trim ....................................... 71. Roof covering and flashing .......................... 72. Gutters and downspouts .............................. 73. Chimneys ............................................... 74. Outlets, fixtures and service entrance ............... GARAGE 75. Roof structure and covering ......................... 76. Wall structure and covering ......................... 77. Slab condition ......................................... 78. Garage doors .......................................... 79. Garage opener (see important notice #6).......... 80. Electrical. wiring, outlets and fixtures .............. 81. Additional Comments ............................... I hereby certify that the above report is made in compliance with the City of Columbia Heights City Code, Chapter XX, and that I have utilized the care and diligence, reasonable and ordinary, for meeting the certification standards prescribed by the Residential Inspection Before Sales Ordinance, Chapter XXX. I have found no instance of non-compliance with the items listed above as of the date of this report, except those designated herein. Evaluator Signature Phone Number Date THE FOLLOWING ITEMS ARE NOT MANDATORY REQUIREMENTS. THEIR INCLUSION ON THIS FORM. IS ONLY TO PROVIDE SUPPLEMENTAL INFORMATION TO THE BUYER. NO DETERMINATION IS MADE WHETHER THE ITEMS MEET MINIMUM REQUIREMENTS. ENERGY INFORMATION INSULATION Type of [nsulation Approx. Thickness 82. Attic Insulation ........................................ 83. Foundation Insulation ................................ 84. itneewali insuianon .................................. 85. Ritn Joist Insulation .................................. 86. Storm Doors ........................................... 87. Storm Windows ....................................... WEATHERSTRIPPING 88. Doors ................................................... 89. Windows ............................................... FIREPLACE/WOODSTOVES # of NV= Not Visible 90. Dampers installed in fireplace ...................... NA=Not Applicable 91. Install anon ............................................. 92. Condition ............................................... IMPORTANT NOTICES I. Any single family residence in Columbia Heights must have at least one smoke detector connected to the electrical system. The detector must be located near sleeping rooms. For more information call Fire Prevention, 763.706.3650 2. Rainleaders connected to the sanitary sewer system must be disconnected. For more information call Public Works, Sewer Division, 763.706.3700 3. Any house built before 1950 may have lead paint on/in it. If children eat lead paint, they can be poisoned. For more information call Anoka County Public Health, 763.422.XXXX 4. The City of Columbia Heights or the Evaluator are not responsible for the determination of the presence of airborne particles such as asbestos, noxious gases, such as radon or other condition of air quality that may be present, nor the condition which may cause the above. ~. if this building is used for any purpose other than a single family dwelling, it may be illegally zoned. To help you determine legal uses under the zoning ordinance, contact the Zoning Administrator at 763.706.3673 6. Automatic garage doors should reverse upon striking and object. If it does not reverse, it poses a serious hazard and should be repaired or replaced immediately. Evaluator: Date: Draft Application for a Residential Inspection Before Sale Certificate of Property Maintenance FEE: $150.00 single-family home, $200.00 two-family home (E7lease include fee with application] I hereby request an inspection of the following property for compliance with minimum health and safety standards per the City of Columbia Heights Property Maintenance Code Section 5.A.: Dwelling Address Present Owner: City of Columbia Heights, MN Name Home phone Address Daytime phone for appointment scheduling City State Zip Owner may designate an agent (realtor or other) that may act on the owner's behalf. If applicable, enter agent below: Owner's agent: Name Daytime phone for appointment scheduling Address City State Zip If rental ro ert Tenant name(s) Phone Scheduled date of closing/deed transfer _/_/ The City Code Inspector is not required to ignite the heating plant, use a ladder to observe the condition of roofing, evaluate inaccessible or concealed areas or disassemble items. The inspection does not address formaldehyde, lead paint certification or abatement, any airborne gas, asbestos, insects and animal pests, or hazardous waste. This inspection is not a FHA or VA inspection or appraisal. The certification is valid for one year from the date of issue unless alterations or remodeling have occurred. This certificate does not indicate compliance with any inspection program other than that of the City of Columbia Heights. This inspection has been made by the City as a public service and does not constitute any representation, guaranty, or warranty to any person as to the conditions of buildings inspected. The City of Columbia Heights does not intend any reliance to be made on this inspection and does not assume any responsibility or liability in the inspection and certification of compliance. I certify that I am the owner or agent and that the answers contained herein are true and accurate in all respects to the best of my knowledge and belief. Signature Date -/_/ Office Use Only Receipt No. Amount Pd. Certificate of Compliance No. Clerk Date Received Inspection Date CH City of r_ n. _n: nw.. .-a.. A... ...~G..-fem.. .,I: A..d C.. Columbia Heights ~ Cti~Nvraiy vrivCntity IYIQ IIItGItallt.G r~t~rcc~i~eua ~ v~ vv~i~Nnai~a.c nua~ ~~~rv vv Certificate # This agreement is made on: between the City of Columbia Heights, MN ("city"), a Minnesota municipal corporation and parties listed below. Dwelling Address _ Present Owner (Seller): Buyer: Escrow Agent: Closing Company: (Name) Address: Temporary Certificate of Property Maintenance: A temporary certificate of property maintenance may be issued by the city permitting the transfer of property, providing: 1. No immediate hazardous condition exists on the property. 2. An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property per the Compliance Order issued. 3. A financial guarantee in the farm of a cash escrow to ensure completion of any corrections to the property is pasted with the lender, title company or with a lending institution or title company that is not involved in the transaction. The cash escrow shall be in an amount at least equal to the retail value of the work necessary for compliance with this section. The escrow must be maintained until a Certificate of Property Maintenance is issued by the city Code Official. ESCROW AMOUNT $ • Buyer acknowledges responsibility for correction of the violations noted in the Compliance Order subsequent to closing in accordance with this agreement and to complete corrections of all specific code violations by the following (90 days after closing): Date: - The city may use the cash escrow to complete any incomplete site improvements within 30 days if the Buyer does not do so after the completion date specified above. The Buyer does hereby grant the City and its agents and employees the right to enter upon the property for the purposes of completing any incomplete items listed in the Compliance Order as attached to this agreement. Any administrative costs involved with enforcing this agreement or any costs incurred by the city in excess of the cash escrow amount will be paid by the Buyer within 30 days following written notice of such costs. • Buyer wifi Cali the city for inspection and allow the city Code Official, or designee, or the subject property and within any building to perform the necessary re-inspection to determine if the violations have been corrected. • This certificate and agreement, when signed by the city, shall authorize the transfer of ownership of the subject property in accordance with the city code. • Inspections made by the city are a part of the city's duty to the general public to further compliance with city codes. Inspections do not constitute any representation, guarantee or warranty, either implied or expressed, to the seller, buyer, or to any other person as to the condition of the building or conformance to applicable construction codes. This Temporary Dwelling Maintenance Agreement is not disclosure of the condition of the property and does not relieve the seller or their representatives of any responsibility of disclosure. Seiler: City of Columbia Heights, MN Buyer: Escrow Agent: (Authorized Signature for the City of Columbia Heights) Date: Date: Date: Date: Please send all correspondence to: City of Columbia Heights, Community Development 590 40th Ave NE, Columbia Heights, MN 55421, Phone: (763) 706-3678 Fax: (763) 706-3671 CITY COUNCIL LETTER Meetin of: Ma 5, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL iI1/iv1: impletnentiiig a Re~iiai L~~c,zse Moratorium ~ ~ . Sco« ~ lark DATE: April 30, 2008 B ~ ~,,r Background: Staff is desirous of having a discussion with the City Council regarding the concept ofimplementing a rental license moratorium (see attached draft ordinance). At this time, the City has two strong housing trends, an increase of 150 rental licenses in a three-year period of time acid a significant number of foreclosures (271 in a fifteen month period) that could have significant impact on current and future neighborhoods. The purpose of the moratorium will be to give staff time to prepare various planning housing studies to analyze the impact of these aforementioned housing factors. After theses studies, staff would also prepare recommendations for dealing with potential housing issues from either a regulatory or programmatic standpoint. Staff will present at the meeting a series of maps that illustrates the known existing conditions. The City Attorney has reviewed the ability of the City to impose this type ofinoratorium and has also opined that if the Council wants to implement an action immediately, an emergency ordinance could be acted on since it takes at least six weeks for a normal ordinance to be processed and to become effective. Recommendation: Recommended Motion: COUNCIL ACTION: ORDINANCE NO. XXXX AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF RESIDENTIAL RENTAL OCCUPANCY LISCENSES, PER CITY ORDINANCE SECTION 5A.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006 Whereas, Mn. State Statute 462.355, Adopt, Amend Comprehensive Plan; Interim Ordinance, Subd. 4 authorizes a City to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the City while the City or its planning department is conducting studies, or has authorized a study to be done, and Whereas, the City of Columbia Heights is desirous of using this legislation to temporarily suspend the issuance of new occupancy licenses, per City Ordinance 5A.401, on properties not previously licensed since January 1, 2006 City, and Whereas, the City of Columbia Heights has seen a marked increase of 156 additional properties licensed for rental within the past three years; specifically-618 licenses in 2005, 722 licenses in 2006 and 774 licenses in 2007, and Whereas, neighborhoods are experiencing additional marketing difficulties as shown by the City's significant foreclosure properties (estimated to be 251 properties at the time of passage of this Ordinance with an estimated minimum total of 300 properties for years 2007 and 2008), as illustrated on a map dated May 5, 2008 and held at the Community Development Department as reference, and Whereas, the City of Columbia Heights has concerns with increasing rental property demands and the ability of these rentals to potentially have long range effects on selected neighborhoods, if not properly controlled creating greater crime and property code compliance issues, decreasing property market values and destabilizing general community health, and `~PJhereas, the City can reasonably expect that the den-land for more rental housing licenses will increase due to the number of city-wide foreclosures, which is estimated to be 300 units for the years of 2007 and 2008 collectively, and Whereas, the City needs time to properly plan, analyze and potentially implement new ordinances, programs or strategic policies, and Whereas, the analysis to be undertaken will include: 1) Development of a community health inventory (which will consist of compiling data of crime, rental rates, reinvestment through building permits, sales, housing values, code enforcement issues, etc.) in order to determine specific neighborhood issues 2) Determination of the impact of the City's recently adopted and modified International Property Maintenance Code 3} Determination of the need for a Residential Inspection before Sale Program 4) Determination of the effects of the foreclosure market on the City's rental and single family housing environment 5} Completion of the City's statutorily required Comprehensive Plan, 6) Development of a Master Work Plan to deal with identified issues, and Whereas, the City Council for the City of Columbia Heights has determined that a suspension of new occupancy licenses is critical to preserve and maintain the health of its neighborhoods, Now Therefore Be It Resolved, that the City Council of the City of Columbia Heights ordains: 1) For a period of twelve months from the date of approval of this Ordinance, no occupancy license, as required by City under city Code 5A.401 will be issued for a property that has not previously been licensed by the City since January 1, 2006 2) This Ordinance shall be effective upon passage and publication. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered By: Second By: Roll Call: Gary L. Peterson-Mayor Attest: Patricia Muscovitz, CMC/City Clerk Mayor: Gary L. Ycterson Councilmcmbers: Bobby Williams Tammera Ericson Bruce Kelzenberg [`~i~Uee i~<tiVrOeki City Manager: Walter R. Fehst COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT DATE: May 5, 2008 TO: Columbia Heights City Council, Mayor Peterson FROM: Jeff Sargent, City Planner RE: LED Signage and Dynamic Signage INTRODUCTION Upon completion of the municipal liquor stores and monument signs for each, Bill Elrite approached the Planning Department inquiring about the possibility of incorporating an electronic reader board sign on the monument signs to help promote sales. I informed Mr. Elrite that our current Sign Code and Design Guidelines specifically prohibit the use of changeable electronic signs, and that we should get feedback. from the City Council as to whether we, as a City, should amend our ordinance to allow such signage. Much research on dynamic signage has been done, as many other cities have recently amended their ordinance to regulated electronic signs throughoirt their respective cities. The following report includes the City of Columbia Heights' standards regarding dynamic signage, the different types of dynamic signs available, and options that the City Council could pursue. CURRENT SIGN REGULATIONS Section 9.106 (P)(6)(e - f),1'rohibitec~ Signs, lists "an animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof' and "a flashing sign, including indoor flashing, electronic signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information", as specifically prohibited in the City cf Columbia I-Ieights. The Design Guidelines state, "Variable electronic message signs are not permitted, with the exception of existing time/temperature signs. WHAT IS LED SIGNAGE AND DYNAMIC SIGNAGE? LED stands for Light Emitting Diode, and is the industry-standard way of describing a changeable electronic sign. Per a study conducted by SRF Consulting Group, ; nc. for the C ity oC?~.~irnetor~lca, a definition of Dynamic Signage was given as: Any characteristics of a sign that appear to }lave movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Examples of such signage include Electronic Changeable Copy signs, Electronic Graphic Display signs, Video Display signs, and Time and Temperature signs. Figure 1 is an example of some proposed sign standards used by the City of Bloomington, and shows the difference between the above-listed signs. CITY COUNCIL OPTIONS } . Prohibit Electronic and Dynamic Signage. Ifthis option is pursued, City Staff recommends revising the current City Code regarding signage to better address the disallowance of both electronic and dynamic signage. 2. Allow only some types of Electronic and Dynamic Signage. There are many types of electronic and dynamic signage available. The City Council could choose to only a11o~,nr certain types for display throughout the City. For example: only permit electronic changeable copy signs, while prohibiting full-color video signs. 3. Allow all types of Electronic and Dynamic Signage but regulate the performance standards of each sign. Restrictions to the types of signs allowed in each district, dimensional criteria, and placement on the property could be required. More regulatory measures are listed below. G: IConanazu~iry l~evelo~~naer~tiC'rh~ C'aurzctllRlenios120081L,E,'D Signuge.doc TYPES OF REGULATORTY MEASURES (as suggested by SRF) 1. Complete or Partial Prohibition of Electronic Suns Possible Requirements: • Only allow electronic signs in specific areas of the City or for specific uses. For example, disallow them in residential zoning districts, but allow them for High Schools. • Require that signs be~ a certain distance from certainly zoned parcels (residential). • Require that such. signs may not be visible from certainly zoned parcels. 2. Size Limitations on Electronic Signs Possible Requirements: • Only allow electronic signs to be used as a part of monument signs, and then limit the percentage of the monument sign that the electronic sign can encompass. • Establish an overall size restriction on any type of electronic sign. 3. Rate-of-Change Limitations on Electronic Signs Possible Requirements: • Establish a minimum time duration between message copy changes. Example: Permit electronic message signs to change only one time per X seconds/minutes/hours. • Prohibit scrolling signs, flashing signs, blinking signs Trr1~Ie %. Nzmrl7c~r ~~f'Neiv .t1~Iessagcss~ ~5'~~et7 at llcrr~iclzra~ 1~~•i~~c~r St~eecls cmcl Tirr~e h~le~•~~crts I3ctii~eer~ ~t%tesscrt,Xc~.~~ E ~ Nt~rt~bet• of Messy es Seed Ti~ne~ sign is IYles~snge Displfr~s Tittle (s~~cof~r/s} Sl~eecl clearly ~risiblc~` 113(}(} 3G00 (n~ph) (seconds) '~ S (} 6C (30 minutes) (1 hou~•) f 30 Gfl ~ 1l ~ ~ 2 1 1 ~ ~l5 ~l0 8 6 5 2 l 1 S5 33 '7 5 Ll 2 1 1 '~`~1ssi3n~i~~g the sign is cle~~-ly visi~lc fro»~ one hal f ri~ile away. G: ICornr~zu~zih~ Devc~lopn:entlC'ity CounrrYlR~ler~sos1200~1I,ED Sigrzczge.doc 4. Motion, Animation, or Video Limitations on Electronic Signs Possible Requirements: • Prohibit these types of signs, defined as having the capability of displaying more than 10 frames per second. 5. Sign Placement and Spacing Possible Requirements: • Establish nlinimwll distances between each electronic sign. • Establish minimum distances between signs and residentially zoned properties. 6. Text Size Possible Requirements: • Establish. minimum text height to make it easier for drivers to see the text, thus making it easier to concentrate on the driving task. 7. Brightness Limitations on Electronic Signs Possible Requirements: • Limit the brightness of each sign to reduce amount of glare. • Require automatic adjusting signs regarding brightness levels POSSII!3I:E Al[~~ANTA~ES 'I'~ EI:EC'I'R~NI~' SINS 1. More aesthetically pleasing than manual changeable message boards. 2. Would decrease the number of temporary signs. 3. Could possibly result in higher revenue for sign owner. The more messages, the more number of sales? 4. A good means to promote public amlouncements and information. G: IC'or~t»zzrriih~ Develo~menllCizy Councilltllenaos120O81I Eli Sig~sage.doc POSSIBLE DISADVANTAGES TO ELECTRONIC SIGNS 1. Could be very difficult to enforce the number of messages allowed per given period of time. A computer programs the olectron~c signs. The store o~x%ner could program the messages to run at a more frequent time than allowed during times when enforcement would be difficult, such as after 4:45 on the weekdays, and all weekend long. 2. The Las Vegas Effect. Even with each sign displaying its message once every Xseconds/minutes/hours, each. sign along the street would display its information at different intervals. The result would be a blinking effect caused by multiple signs along a specific corridor. 3. Electronic Signs cause Driver Distraction The study conducted by SRF concludes that there is no empirical evidence that links electronic signs to a rise in automobile accidents. It also concludes that there is no empirical evidence that says that electronic signs are not linked to a rise in automobile accidents. The study does confirm that electronic signs add to driver distraction, however, and can be placed in the same category as eating, talking on the phone, talking with passengers, listening to CDs, text messaging, and having pets in the car, all while driving. A Seattle study in 2001 found that electronic signs with moving images contribute to driver distraction for longer intervals than electronic signs with no movement. Major points made in the report include: • New video display technologies produce images of higher quality than previously available technologies. These signs have improved color, image quality and brightness. • New video display technologies use LEDs with higher viewing angles. Drivers can read the sign from very close distances when they are at a large angle from the face of the sign. • Signs with a visual story or message that carries for two or more frames are particularly distracting because drivers tend to focus on the message until it is completed rather than the driving task at hand. • Research has shown that drivers expend about 80 percent of their attention on driving related tasks, leaving 20% of their attention for non-essential tasks. • The Seattle consultant suggests a "10 second rule" as the maximum display time for a video image. G:1Coi~anauniry Developnaei~tlCity Coz~rtci/IR~Iemor120081L~D Signa,~e.c(oc The Zeigarnik Effect Describes the psychological need to follow a task to its conclusion. People's attention. is limited by the ability to only focus on a small number of tasks at a time, and by the tenden..y~ to .,hoose to complete one tµsk before begtnnmg another. In a driv~i.g environment, drivers' attention might be drawn to the sign rather than the task of driving because they are waiting to see a change in the message. STAFF RECOMMENDATIONS If the City Council chooses to prohibit electronic and dynamic signs, Staff recommends that the current City Code be amended in order to clarify that these types of signs are indeed prohibited. A definition of electronic and/or dynamic sign should be added to the Code with specific references made to them in the text. However, staff also recommends that gas station price signs be exempt, and electronic signs may be allowed to display gas prices only, with no limitation. to the number of times during the day in which the price may be changed. If the City Council chooses to allow all or certain types of dynamic signs, Staff recommends that regulations be imposed. on such signage. Recommended Regulations Include: • Allowing such signs only in the CBD, GB, MXD, and PO Districts. • Allowing High Schools and Religious Institutions the use of such signs, regardless of the zoning district they are located in. • Prohibiting motion, animation and video electronic signs. • Restricting the time duration of message changing to no less than once every 10 seconds in non-residential zones and no less than once 20 minutes in residential zones. • Allowing electronic. signs on1_y as a component to a monument sign.. • Limiting the electronic signs to occupy no more than 70°% of a monumeni sign. • Requiring an automatic dimmer control. • Requiring electronic signs to be no less than 35 feet from other electronic signs. A full copy of the SFR report conducted for the City of Minnetonka will be available upon request. G: IConinzuni/t~ Developn~~entlCity Councill~Lle~~7os120081LED Signa,~e.cfoc Water Distribution System Water Quality Nitrification 1. Much of our distribution system is constructed of un-lined cast iron pipe. 2. Cast iron rusts 3. We use ammonia as a part of our water disinfection process - it's agood thing! 4. Unfortunately, ammonia can lead to a process called nitrification a. Nitrification'is aprocess where non-pathogenic bacteria convert ammonia to nitrite and nitrate. The nitrite and nitrate are at very low concentrations -the levels are well below regulated limits. b. The bacteria DO NOT cause disease c. The process causes the pH of the water to drop d. Lower pH water is more corrosive to cast iron e. This leads to rusty water complaints. 5. MWW continues to try to control nitrification a. We keep the pH of the water as high as we can within limits -this inhibits the bacteria but is perfectly safe for human consumption b. We feed only the minimum amount of ammonia required for our process -this starves the bacteria c. We keep our disinfectant residual as high as we can - within limits -this inhibits nitrifying bacteria 6. We work with our suburban customers a. Suggesting control measures such as fire hydrant flushing b. Aiding with monitoring of the process c. Partnering in cleaning and lining pipes Chris Catlin, PE Superintendent, Water Plant Operations Minneapolis Water Works 612-661-4904 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE MAY 12, 2008 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2008-100, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Patrick Codute regarding rental property at 4542 4t" Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-101, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Jose Alonso regarding rental property at 1401-1403 Parkview Lane N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-102, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Passang Gongma regarding rental property at 5036 Jackson Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-105, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Fletcher Wanless regarding rental property at 1218-20 Circle Terrace Blvd. N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-106, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Fletcher Wanless regarding rental property at 1307-1309 Circle Terrace Blvd. N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-107, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Fletcher Wanless regarding rental property at 4506-08 Fillmore Street N.E. REMOVE - MOTION: Move to adopt Resolution Number 2008-108 being resolutions of the City Council of the City of Columbia Heights declaring the property at 5056 Washington St. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2008-114 RESOLUTION APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY AND SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. AND DISBURSING AGREEMENT BETWEEN CITY, COMMERCIAL PARTNERS TITLE, LLC AND SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. BE IT RESOLVED by the City Council ("Coiuicil") of the City of Columbia Heights ("City") as follows: Section 1. Recitals. 1.01. The City is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. By Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "HIA") in order to facilitate certain improvements to property known as the Sullivan Shores Townhouses, referred to as the "Property." 1.03. By Resolution No. 2008-62 adopted March 24, 2008 (the "Fee Resolution") the City Council imposed a housing improvement fee on Housing Units (as hereinafter defined) in the HIA in order to finance certain housing improvements in that area. 1.04. The Act authorizes the City to issue bonds in the amount necessary to defray the expense to be incurred in making the housing improvements, which bonds are payable primarily from proceeds of the fee imposed under the Fee Resolution and may be further secured by the pledge of the City's full faith, credit and taxing power. 1.05. The Council has reviewed that certain Development Agreement (the "Development Agreement") between the City and Sullivan Shores Townhouses Association, Inc. (the "Association"), setting out the respective obligations of the City and the Association regarding the housing improvements and the Property. 1.06. The Council also reviewed that certain Disbursing Agreement (the "Disbursing Agreement") among the City, Commercial Partners Title, LLC ("Title Company") and the Association, describing the procedures for disbursement of proceeds of bonds issued to finance the housing improvements. Section 2. Al;reements Approved. 2.01. The Mayor and City Manager are hereby authorized and directed to execute the Development Agreement and Disbursing Agreement in substantially the forms presented to the Council on this date, subject to modifications that do not materially alter the City's rights and obligations under such agreements and that are approved by the Mayor and the City Manager, xx~hi~h anr~rnval chap ha rnnrh~civPly PvirlPnr~Pr1 by PxPrntinn of the A araPmPnt ,,....,.. ~t,t,.v...a .,..,... v., ,...._..,_...,.. _, .,.....r...,.... ~, ....__...__~__ ~_ _-__ _ -a------_--_. 2.02. The Mayor and City Manager are hereby authorized and directed to take any and all other steps necessary or convenient in order to carry out the City's obligations under the Development Agreement and Disbursing Agreement. Passed this _ day of May 2008. Motion By: Second By: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz-CMC City Clerk 2