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HomeMy WebLinkAboutJune 2, 2008 Work Session ~~yor F COLUMBIA HEIGHTS Y C G~n~ 1_. Petersnt9 IT ® Canncilmembers 2oGert A. N~illrcuns 590 40th Avenue ~iE, Columbia Hei hts, MN 55421-3878 763 70G-3600 TDD (763 706-3692 g ( ~ ~ ~~'«<~ Ncrzvruckr Tarnntera I)iclarrt Y"[SflOtdl Wef7SfIL' Ill: WWW CI C'OflddYtf)f(l-hefuftls.YPF71.td5 h'Yttc`e Kc'(~et76erg City Nlanarer Wolter R. Feivst ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be held if2 the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: JUNE 2, 2008 Time of Meeting: 7:00 P.M. Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION 1. Police & Fire building plans 2. Liability and property insurance 3. Residential Inspection Before Sale 4. Neighborhood and Housing Planner Position Property Acquisition of 67S 37th Avenue -Hilltop Trailer Sales 6. SWPPP Erosion Control Ordinance 7. MSC Building Access Control 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) B Cl 1 l ®1 ~®L V l Il Ll.L 1 l1 JJ.L. V ll 1..V DA t E: iV1A Y ~U~ LtiUB TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: INSURANCE RENEWAL The City's insurance policy is up for renewal on June 1, 2008. We have received a quote and various information related to the renewal from the League of Minnesota Cities. At last year's renewal the City Council chose to waive the statutory tort liability lunits and to increase our total liability coverage by $1,000,000. Again, this year, the council is faced with the same decision. The chart below shows the cost of our basic insurance policy without waiving the tort liability limits and. with no increase in the amount of liability coverage. The chart also shows the cost to increase our liability coverage by $1,000,000 and to waive the tort liability limits. Attached to this memo is the resolution that was adopted last year waiving the tort liability limits, the information from. the League of Minnesota Cities regarding the options, and the new renewal premium summary. 2008 base premiurs-~ $ 214,458 Add excess liability coverage of $1,000,000 $ 28,604 Subtotal $ 243,062 Waive tort liability $ 14,164 Total $ 257,226 WE:sms 0508301CM "2008-09 InsResInfo.pdf Attachments: Quotei.pdf" ~~ [-,EAGUE o~ MINNESOTA CITIES l~iay l2y 2i"!t!S CC7NNECTING & INNOVATING sttvCE 1913 First National Agency Re: City of Columbia Heights, Columbia 324 Oak Street Heights Economic Development Authority and Farmington, MN SS024 Columbia Heights Housing and Redevelopment Authority Effective Date: 06!01!08 RENEWAL PREMIUM SUMMARY AND BINDER •'• Properly • Mobile Property •3 Municipal Liability • Automobile Liability *:• LTM/UIM $200,000 all covered autos including unregistered • Basic Economic Loss Benefits (PIP} all covered autos including unregistered • Automobile Physical Damage • Crime • Bonds • Equipment Breakdown Excess Liability Limit:$1,000,000 Open Meeting Law Limit: 100% Liquor Liability Limit: Fireworks No Fault Sewer Backup • Deductible: $1,000. 60,331. 6,181. 93,273. 12,989 1,078. Included 17,113. Included. 1,873. 7,295. 37,604. 1,079. 10,238. 225. 7,947. T®TAL . $2x7,226. TORT LIMIT 51,200,Of10. /$1,200,000. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICES! SEE ATTACHED Renewal coverage is bound up to 60 days pending issuance of renewal based on LMMIT forms and practices in effect on renewal date. S' rely~~~ ~ derwriter Jk LMCIT22 (11/97)(Rev. 11/07} LEAGUE OF MINNESOTA CITIES 145 UtV[VERSITYAVE. WEST Pr1oHE: (651)'181-1200 EAx: (651) 281-1298 INSURANCE TRUST ST. PAUL. MN 55103-204A TOLL FREE: (800) 9ZS-1.122 WEB: WWW.LMC.ORC au cnnni ftpp/1pT11MIiY/ACCIDIUBTINF l1!`TI/1N CLpIllVpp RESOLUTION N0.2007-36 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self- insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust ~LMC.iT j; and WHEREAS, Minnesota Statute Section 471.9$1 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to have been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Passed this 26~" day of March 2007. Offered by: Diehm Seconded hy: Kelzenberg Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg 'r ,~ ~~ ~ ~ ;~ , F t } ' _ .. _.- j ~ ~ f ..... ~ ,~ ~ ~~ .__- F~ Ii i ~1_ f /t Mayor Gary L. Peterson Attest: . 1 / Patricia Muscovitz CMC ~-Deputy City Clerk/Council Secretary Page 1 of 1 Bill Elrite From: "[3rian Lundquist" <blundl~frontiernet.net> To: "Sue Scl>>nidtbauer" <Sue.Scl~midtbauer~caei.calumbia-hei~hts.mn.us> Date: 6/1/20()7 2:()8 PM _ 4 __ ___ _ The attached Risk Management Information should answer all of your questions about "liability" issues currently under consideration. As I mentioned, until yesterday when I met with the LMCIT underwriter Jan I<odet, I believed you had $1 million excess liability coverage in place. The application that I left with her included the application for excess liability and the indication to bind coverage effective 6/1/07. My recommendation is to include the excess coverage for the reasons outlined in the attached article. It would make more risk management sense to opt for a higher deductible, not waive your tort liability, and allocate the premiums to the excess liability coverage. I have not seen your claim history for the time you have been with the LMCIT. My guess would be that the higher deductible option would have saved money for the City over that time. I will request loss runs and prepare the analysis of claims to see if it would have been to your advantage to do so. According to the proposal for 2006-2007 the premium savings would have been $21,400. to have a $5,000. deductible. Please call me following your review of the attached so we can discuss the alternatives available at this time. Thank Yau! ~~ ~ Ba~ian J. Lundgzci,s~ ~'I~' fni -The Nesbit Group 324 Oak 5t., P O Box 130 Farmington, MN 55024 (651) 460-5014 Toll Free (888) 977-7577 FAX: (651) 460-6625 Cell (612) 978-2262 email: blund1 @frontiernet.net League of Minnesota Cities Insurance Trust 145 University Avenue west, St Paul, MN 55108-2044 (651} 281-1200 • (800) 925-1122 Fax: (651) 281-1298 • TDD: (651} 281-1290 wunu. i m nr. nr6 RISK MANAGEMENT INFORMATION LMCIT LIABILITY COVERAGE OPTIONS Liability Limits, Coverage Limits, and Waivers LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits that the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which of the options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tart liability to a maximum of $300,000 per claimant and $1,000,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. What are the coverage limits for LMCIT's basic primary Liability coverage? LMCIT's liability coverage provides a limit of $1,000,000 per occurrence, matching the per- occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the $300,000 per claimant part of the statutory liability limit is not waived, so if the statutory limit applies to the particular claim, LMCIT and the city would be able to use that limit as a defense. Beside the overall coverage limit of $1,000,000 per occurrence, there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims), for certain specific risks. Aggregate limits apply to the following: Products /com feted o erations $1,000,000 annuall Failure to su I utilities $1,000,000 annuall EMF $1,500,000 annuall Limited ollution* $1.,000,040 annuall Lead and asbestos* $200,000 annuall Mold $1,500,000 annuall Land use liti ation** $1,000,000 annuall Em to ere liabili work com $1,000,000 annuall * The limit applies to both damages and defense costs. ** Coverage is on a sliding scale percentage basis, and applies to both damages and litigation costs. If the statute limits our liability to $1,000,000 per occurrence, why would the city purchase higher coverage limits than that`? There are several different reasons why cities should strongly consider carrying higher limits of liability coverage. 1. The statutory tort limits either do not or may not apply to several types of claims. Some examples include: • Claims under federal civil rights laws. These include Section 1983, the Americans with Disabilities Act, etc. • Claims for tort liability that the city has assumed by contract. This occurs when a city agrees in a contract to defend and indemnify a private party. • Claims for actions in another state. This might occur in border cities that have mutual aid agreements with adjoining states, or when a city official attends a national conference or goes to Washington to lobby, etc. • Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but it could also arise in connection with beer sales at a fire relief association fund-raiser, for example. • Claims based on a "taking" theory. Suits challenging land use regulations frequently include an "inverse condemnation" claim,alleg ing that the regulation amounts to a "taking" of the property. 2. LMCIT's primary liability coverage has annual limits on coverage for a few specific risks. The table on page 1 lists the liability risks to which aggregate coverage limits apply. If the city has a loss or claim in one of these areas, there might not be enough limits remaining to cover the city's full exposure if there is a second loss of the same sort during the year. Excess liability coverage gives the city additional protection against this risk as well. However there are a couple of important restrictions on how the excess coverage applies to risks that are subject to aggregate limits: • The excess coverage does not apply to four risks: lead and asbestos; failure to supply utilities; nzold,~ and "limited pollutio» "claims if either the pollutant release or the damage is below ground or in a body of water; and • The excess coverage does not automatically apply to ligzzor liability unless the city specifically requests it. 3, The city may be required by contract to carry higher coverage limits. Occasionally, a contract might include a requirement that the city carry more than $1,000,000 of coverage limits. Carrying excess coverage is a tvay to meet these requirements. (There's also another option for cities in this situation. LMCIT can issue an endorsement to increase the city's coverage limit only for claims relating to that particular contract. There's a small charge for these "laser" endorsements.) 4. There may be mare than one political subdivision covered under the city's coverage. An HRA, EDA, or port authority is itself a separate political subdivision. If the city EDA, for example, is named as a covered party on the city's coverage and a claim were made that involved both the city and the ELBA, theoretically the claimant might be able to recover up to $1,000,000 from the city and another $1,000,000 from the EDA, since there are two political subdivisions involved. Excess coverage is one way to provide enough coverage limits to address this situation. Another solution is for the HRA, EDA, or port authority to carry separate liability coverage in its own name. This issue of multiple covered parties can also arise is if the city has agreed by contract to name another entity as a covered party, or to defend and indemnify another entity. 5. Cities sometimes choose to carry higher coverage limits because of a concern that the courts might overturn the statutory liability limits. However, those limits have now been tested and upheld several times in Minnesota. While it's always possible that a future court might decide to throw out the statutory limits, this is now less of a concern. What excess liability coverage limits are available? Excess coverage is available in $1 million increments, up to a maximum of $5 million. We're just a small city. Isn't excess liability coverage really just something that big cities might need? Absolutely not. If anything, excess liability coverage is even more important to a small city. If a city ends up with more liability than it has coverage, the city will have to either draw on existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, a million dollars of liability over and above what its LMCIT coverage pays might be able to spread that $1 million cost over several thousand taxpayers. The small city by contrast might be dividing that same $1 million cost among only a couple hundred taxpayers. $1 million divided among 5000 taxpayers is $200 apiece -annoying but probably at least manageable for most taxpayers. $1 million divided among 200 taxpayers is $5000 apiece -enough to be a real problem for many. How does excess coverage apply to uninsured/underinsured motorist coverage? If the city carries excess liability coverage, the city has the option to have the excess coverage also apply to uninsured or underinsured motorist (UM/[JIM) claims. To do so, the city must first increase its primary UMIi1IM limit from the basic $50,000 to $1,000,000. There are additional premium charges both to increase the primary UM/UIM limit and to apply the excess coverage to the UM/UIM exposure. The city needs to consider whether the benefit from having higher UM/UIM limits is worth that cost. The UM/UIM coverages are intended to assure that an injured driver will be compensated if s/he is injured in an accident caused by an uninsured or underinsured driver. The UM/UIM coverage steps into the place of the liability insurance that the driver should have had. Keep in mind that in the case of city vehicles, an injury to the driver while operating a city vehicle would in most cases be covered by workers' compensation. The amounts the individual v:ould be able to recover from T Tnn~/1 ti?!~I would be in addition to the medical, indemnity ,and other benefits paid under work comp. In many cases, it would amount to a double recovery for the individual's injuries. A city might decide to carry a higher limit for a couple reasons: if they believe the workers' compensation benefits are insufficient to compensate their injured employees; or if they want to make sure that non-employees riding in city vehicles are fully compensated in the event of an accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's own UM/UIM would also respond.) LMCIT now gives the cities who participate in the primary liability coverage the option to waive the $300,000 per claimant statutory liability limit. What's the effect if we do this? If the city chooses the "waiver" option, the city and LMCIT no longer can use the statutory limit of $300,000 per claimant as a defense. Because the waiver increases the e:cposure, the premium is roughly 3% higher for coverage under the waiver option. If the city waives the statutory limit, an individual claimant could therefor recover up to $1,000,000 in damages on a claim. Of course, the individual would still have to prove to the court or jury that s/he really does have that amount of damages. Also, the statutory limit of $1,000,000 per occurrence would still apply; that would limit the individual's recovery to a lesser amount if there were multiple claimants. Why would the city choose ±o gay more in order to get the waiveroption coverage? does it give the city better protection? No. Buying coverage under the "waiver" option doesn't protect the city any better. The benefit is to the injured party. The statutory liability limit only comes into play in a case where 1. the city is in fact liable; and 2. the injured party's actual proven damages are greater than the statutory limit. Very literally, applying the statutory liability limit means that an injured party won't be fully compensated for his/her actual, proven damages that were caused by city negligence. Some cities as a matter of public policy may want to have more assets available to compensate their 4 citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a way to do that. ether cities may feel that the appropriate policy is to rrainimize the expenditure of the taxpayers' funds by taking full advantage of every protection the legislature has decided to provide. There's no right or wrong answer on this point. It's a discretionary question of city policy that each city council needs to decide for itself. How would the waiver affect our city's coverage or risk on those claims that the statutory tort liability limits don't apply to? It doesn't. Waiving the statutory tort limits has no effect on claims that the statutory limits don't apply to. What's the effect of waiving the statutory limits if we have excess coverage? If the city has $1 million of excess coverage and chooses to waive the statutory tort limits, the claimants (whether it's one claimant or several} could then potentially recover up to $2 million in damages in a single occurrence. If the city carries higher excess coverage limits, the potential maximum recovery per occurrence is correspondingly higher. Carrying excess coverage under the waiver option is a way to address an issue that some cities find troubling: the case where many people are injured in a single occurrence caused by city negligence. Suppose, for example, that a city vehicle negligently runs into a school bus full of kids, causing multiple serious injuries. $1,000,000 divided 50 ways may not go far toward compensating for those injuries. Excess coverage under the waiver option makes more funds available to compensate the victims in that kind of situation. The cost of the excess liability coverage is about 25% greater if the city waives the statutory tort limits. The cost difference is proportionally greater than the cost difference at the primary level because for a city that carries excess coverage, waiving the statutory tort limits increases both the per-claimant exposure and the per-occurrence exposure. If we waive the statutory tart liability limits, does it increase the risk that the city will end up with liability that LMCIT doesn't cover? No. The waiver form specifically says that the city is waiving the statutory tort liability limits only to the extent of the city's coverage. Of course, that's not to say that there is no risk that the city's liability could exceed its coverage limits. We listed earlier a number of ways that could happen to any city. But the waiver doesn't increase that risk. Can we waive the statutory tort limits for the primary coverage but not for the excess coverage? ~o. If the city decides to waive the statutory tort limits, that waiver applies to the full extent of the coverage limits the city has. The city cannot partially waive the statutory limits. I'm confused. Is there a simple way to summarize the options? It's not necessarily simple, but the table on the following page is a shorthand summary of what the effect would be of the various coverage structure options in different circumstances. I'm still confused. Who can I talk to? Give us a call at the League office. Pete Tritz, Tam Grundhoefer, Bill Everett, Doug Gronli, or any of LMCIT's property/casualty underwriters will be glad to talk with you. 6 L1IZCIT Liability Coverage Options On a liability claim to which On a liability claim to which the statutory limits apply the statutory limits do not apply Coverage structure This is the maximum This is the maximum This is the maximum amount of dama);es whicf~ If the city: amount a single claimant total amount that all LMCIT would pay on the city's behalf for a could recover on an claimants could recover single occurrence, regardless of the number of occurrence. on a single occurrence. claimants. Does not have excess coverage & Does not waive the statutory limits $300,000 $1,000,000 $1,0(10,000 Does not have excess coverage & Waives the statutory limits $1,000,000 $1,000,UOU $1,000,000 Has ~ 1,000,000 of excess coverage & Does not waive the statutory limits $300,000 $1,000,000 $2,000,000 Has $1,000,000 of excess coverage & Waives the statutory limits $2,000,000 $2,000,000 $2,000,000 PST 12/04 466.04, Minnesota Statutes 2006 Page 1 of 2 `, ~~~t~i~S(3 Legislature Home l Links to the World i Help ~ Advanced Search ~~'~.~ ~~Cl~ raf the R.~V'~S+~C ~f ~~at~.cte~ House ~ Senate ~ Joint ®epartments and Commissions ~ Bill Search and Status ~ Statutes, Laws, and i2ules Minnesota Statutes Table of Chapters Chapter 466 Table of Contents 466.04, iVfinnesota Statutes 2006 Copyright ©2006 by the Office of Revisor of Statutes, State of Minnesota. 466.04 MAXIMUM LIABILITY. Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed: (1) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in an_v other case, for claims arising before January 1, 2008; (2) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after January 1, 2008, and before July 1, 2009; (3) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009; (4) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000; (5) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008; (6) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009; (7) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009; or (8) twice the limits provided in clauses (1) to (7) when the claim arises out of the release or threatened release of a haaardous substance, whether the claim is brought under sections 115B.01 to 115B.15 or under any other law. (b) No award for damages on any such claim shall include punitive damages. Subd. la. Officers and employees. The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits set forth in subdivision 1, unless the officer or employee provides professional services and also is employed in the profession for compensation by a person or persons other than the municipality. Subd. lb. Total claim. The total liability of the municipality on a claim against it and against its officers or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1. Subd. 2. Inclusians. The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort. Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph (a), clauses (2) to (4), any party may apply to any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to each bears to the aggregate awards and settlements far all claims arising out of the occurrence. history: 1963 c 798 ,s T; 197G c 264 s 1-3; 1983 c 121 s' 28; 1983 c 331 s 2, 3; 198G c 44-6; 1989 c 325 s 50; 1997 c 210 s 3, 4; 2006 c 232 s 2 http a/ros. t eg.mn/bin/getpub. php?pubtype=STAT_CHAP_SEC&year=current& section=466.04&image.x=... 6/ 14/2007 ~~ CITY COUNCIL LETTER Meeting of: June 2, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ~ `~~' Trrcr,r. i st n,,,,,a;~,. n..,t;~.,r,,,, ~nn4 vv nv. c,,,,++ r~t,,,.t~ uv• It L1V 1. 1 lil,.QUlYl' lJl iA1t1Q11L1. L..VVV~1111, V L UI.V It `tU111 L 1.. j Residential hlspection Before Sales (RIBS) ( DATE: May 28, 2008 f ~ ~ f Background: This is a status item for the work session. Staff is ready to submit to the City Council for their Julie 7, 2008 meeti~ig the Residential illspectioll Before Sales (RIBS} Ordirlarlce for lst reading. The goal would be that if affirmed, staff would bring back the second reading in July after having the opportunity to hold realtor and banker meetings to explain the program, process and desired results and, in turn, to receive feedback. Stmt would place the second hearing notice on the City's web site and on cable as a means of communication to residents. In addition, staff would attempt to have the local newspapers run articles prior to the second meeting. If approved, a full article explaining the process would also be placed in the fall edition of the City's newsletter. At the second reading for the RIBS program, the Council will also have to act on a fee resolution amendment and also a contract for inspection program. Staff currently has a request for service notice that has been sent to eight inspections services with a return date of June 9, 2008. Recommendation: Recommended Motion: Attachments: P~^o osed Ot^dinance, Re nest, for° Serhice Ins ectiori Lette~° ar~ct' Checklist COUNCIL ACTION: H:\Shnred\Community Development\Cily Council\2008 Letters\ard XX CC Worksess~on 6-1-U8 Klt3s DRAFT #3; Last revised 4/21/08 Ordinance Number 2008-XX AN ORDIANCE AMENDING SECTION OF THE CITY OF COLUMBIA fiEIGHTS CODE BY ADDING LANGUAGE ESTABLISHING THE RE~IJIREMENTS 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 for 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, multi-family: A building so designed as to contain three (3) or more dwelling units as its principle use. 8. Dwelling Unit- A single unit providing complete independent living facilities for ane or more persons including~ermanent provisions for living, sleeping, aatinn rnnkinn and ~anitatinn 9. 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. 10. Immediate Hazard: A condition, structural failure, or defect that is likely to cause injury to a person or property if not corrected. 11.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. 12. Repair. To restore to a sound acceptable state of operation, serviceability, safety, or appearance. 13. 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. 14. Sale: The transfer of title or possession of a dwelling whether or not absolute title is transferred. 15. 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 Pr®per#y; Certificate s~f Pro~aerty l4~aintenarece 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 DRAFT #3; Last revised 4/21/08 does not apply, however, to the sale of a dwelling by a person appointed by a probate court or the resale after foreclosure. 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 alf 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 Propert~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 dwellinJg 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: DRAFT #3; Last revised 4/21/08 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. dl Tha rash Pcr.rn~ni shall ha in an amount at IPa~t ernial 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, and/or 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 for one (1Zyear following its issuance. Section 7: No warranty by Cit r~. 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 DRAFT #3; Last revised 4/21/08 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 tha fPa the C'.nr1P (~ffirial will ~aiisP a nrnnerty maintenance inspection to be made of the premises to ensure the structure(s) and parcel premises are in compliance with applicable provisions of the City of Columbia Heights Property Maintenance Code Section S.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: ~liolations and penalty Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this ordinance, upon conviction thereof, shall be punished as provided in Section 1.999. Each day that a violation exists shall constitute a separate offense. Article 6: Effective Date This ordinance applies to all transfers of any property occurring that is listed or otherwise offered for sale after 2008. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: DRAFT #3; Last revised 4/21/Q8 Offered by: Seconded by: Roll Call: Gary L. Peterson- Mayor Attest: Patricia Muscovitz, CMC/City Clerk May 21, 2008 REQUEST F®R HOME Il`1SPECTI®Iel SERVICES: The City of Columbia Heights is considering the establishment of a residential inspection before sale program (commonly referred to as a Point of Sale program) beginning in the fall of 2008. The goal of the program is to perform interior and exterior itspections on all single family and duplex tn:its prior to listing tl~e property for sale. This is estimated to be approximately 200-225 units annually. The inspections would be based upon the City's Property Maintenance Code Section SA, which is based upon the International Property Maintenance Code (IPMC, 2006 edition) with slight amendments to coincide with existing city codes. The City is interested in entering into an annual contract for service with 2-3 private inspectors to eo~~nplete the home inspections as part of the program. The contract would be between the City and the inspector, not the homeowner. Selected inspectors would be rotated to provide the inspections on behalf of the City. A checklist (see sample attached) would be provided to the inspector who would be expected to identity if the interior and exterior of the home meets the city's housing maintena~lce code, if corrections are required and if hazardous items are observed. The completed checklist would be required to be provided to the city building code official within one day following the inspection. Each selected inspector would be required to attend aone-time four hour training session to review the city code and process for inspections. Please submit a written proposal to the City of Columbia Heights by 4:30 p.m., Monday, June 9, 2008 to the attention. of Scott Clark, Community Development Director, 590 40th Ave NE Columbia Heights, MN 55421. Fax (763.706.3701) and emailed (cath~cbennett c ,frontiernet.net) proposals are acceptable. Include the following information in yow• proposal. • Estimated cost per inspection - b~spector must furnish proper equipment, computer, and vehicle to perform the inspection and provide an inspection report to the city within 24 hours of the completed inspection. • Company profile including key company contact with phone, fax and email, statement of company qualifications, registratians or certifications in residential inspection and years of experience in residential inspection. • Summary of company experience with city residential inspection process and procedures and what the estimate of time it would take to complete a typical residential inspection based upon the inspection checklist. • Familiarity with the International Property Maintenance Code, 2006 edition. • List metropolitan communities that the company has provided inspection services to in the last year. • Experience of the individual inspectors including training, certification and licensure. • Ability to work with public agencies, property owners and realtors. Please specify if company inspectors have the ability to speak multiple languages. The Czry of Coha~7bia Heights has the right to select a~~2d/or reject cnay or all sirbmissior~s at anv ti»~e during or ut the end of this process. Contact for Questions: Cathy Capone Bennett, City Consultant Bennett Community Consulting cathycbe~nnett(c~frontiernet.net 651-257-4613 Property Address: Property Condition sport Columbia Heights Residential Inspection Lefore Sale (CarefuIIy read this entire report) Page 1 of 4 THIS REPORT IS NOT A W~~2I2ANTY', BY THE CITY OF COLUMBL4 HEIGHTS, OR EVALUATOR OF THE leT!'~ rrrln T4lllTTTTTm l"1Tl TTVmTmT I' U T UKE 'tJ~Ef+ UL L[t!E, t~tc Tii~ FU 1'Fii~, €.iIiVUITIc~iv~ vF Aiv x' Biiii~viivt~ c.vivtrc~ive,ig s vP, r ani vicaw. Notice: A copy of this Report must be publrcly displayed at the premises when the house is shown to prospective buyers, and a of this Report must be provided to the buyer prior to the time of signing a Purchase Agreement. Address of Evaluated Dwelling: Owner's 1°1ame: Owner's Address: Listing Agent and Agency: Type of Dwelling: Single Family Duplex Townhouse Condo* Far 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. Present Zoning District Present Occupancy: Confanning ^ Non-conforming ^ Reason for Nonconforming Status: Comments: Pro ert location and nossible use restriction information: ^ Has open permits. Completion and/or occupancy restrictions ar re uirements ma a 1 . ^ Is a licensed legal duplex. If this dwelling is in use as a duplex and tins box is NOT checked contact Housing Maintenance Cleric at (763 }706-3655 far the most recent information. HOMEO`VNERlREPRESENTATIVE DISCLOSURE STATEMENT: TO BE COMPLETED BY THE OWNER OR TI~IR REPRESENTATIVE. L THE OWNER OR REPRESENTATIVE OF THE OWNER, DECLARE THAT AS OF THIS DATE, THERE ARF, ARE NTOT CODE VIOLATION ORDERS PENDING ON TI-IIS 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-IJI' OR WATER SEEPAGE IN THE BUILDING. ~. ~? Signahu-e of the Owner or Representative Date This Report: 1. 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 Cxty of Columbia Heights City Code (Chapter 5}. This report WILL be used to enforce requirements of the City Code. 2. Is not a wan-anty 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 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 Housing 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 Evacuator. Complaints regarding t his report should be directed to City of Columbia Heights, Community ~eveloprnent, Residential Inspection Ilefore Sale program, 590 40`E' Avenue NE, Columbia Heights, MN 55421, Phone No. 763.706.3678 uator: Date: Property Address: Page 2of 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"= Comzents -the item cannot be adequately evaluated ar it has some deficiency, but the deficiency is i<ns?tfficient to make the item below minimum requirements. "H"= Hazardous -the item in its present condition may endanger the health and safety of the occupant. "RR"= Repair/l~eplace -the item requires either repair or replacement. "Y"= Yes "N"= No "NV"= Nat visible/Viewed "NA"= Not Applicable Any item marked "I3", "C" or "K" must have a written comment about the item. Additional comment sheets maybe attached if needed. Item# Comments BASEIVIE]VTICELLAR 1. Stairs and Handrails ................................. 2. BasementJcellar 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 _ 120/240 8. Electrical Service installation/grounding......... 9. Electrical wiring, outlets and fixtures ............. PLUMBING SYSTEIWI 10. Floor Drains .......................................... 11. Foundation drainage (Sump Pmnp} ............... 12. Waste and vent piping .............................._ ].3. Water piping .......................................... 14. Gas piping (All floors) ............................... 15. Water heater(s) installation ......................... 1G. Water heater(s) venting .............................. 17. Plumbing fixtures .................................... I-DATING SYSTEI9~I(S) # of ............................._ 18. Heating plant(s) Fuel: Type: a. Installation and visible condition ..................._ b. Viewed in operation ................................._ c. Combustion venting ................................. Ttte Evaluator is not required to ibnite the heating plant(s) 19. Additional heating units} Fuel: Type: a. Installation and visible eonditian ................... b. Viewed in operation ................................. c. Combustion venting ................................. 20. ADDITIONAL COlOZVIENTS ................... Evaluator: Date: Property Address: Page 3of 4 ItiITCIIEN 21. WaIls and ceiling ....................................._ 22. Floor condition and ceiling height .................. 23. Evidence of dampness or staining .................. 24. Electrical outlets and fixtures ........................_ 25- Plumhins~fixh~res . . . ............................. 26. Water t1ow ............................................._ 27. Window size and openable area ..................... 2$. TVindow condition ...................................._ LIVING AND DINING ROOM(S) 29. Walls anal ceiling ...................................... 30. Floor condition ........................................-- 31. Evidence of dampness or staining ..................~ 32. Electrical outlets and fixtures ........................_ 33. Window size and openable area ..................... 34. Window condition ....................................-- HAT,LWAYS, STAIRS AI~rD ENTRIES 35. Walls, ceiling and floors .............................._ 36. Evidence of dampness or staining .................. 37. Stairs and handrails to upper floors .................~ 38. Electrical outlets and fixtures ........................ 39. Window condition .................................... 40. Smoke detector(s} ....................................._ Properly located ......................................._ Hard-wired ............................................. _ BATIIROOM(S) # af: Full Partial 41. Walls and ceiling ...................................... 42. Floor condition ........................................_ 43. Evidence of dampness or staining ..................- 44. Electrical outlets and fixtures ........................ 45. Plumbing fixtures ....................................._ 46. Water flow ............................................._ 47. Window size and openable area or mechanical exhaust ................................................._ 48. Condition of windows or mechanical exhaust.....~ SLEEPING ROOMS} No. of: ___ 49. Walls and ceiling ...................................... 50. Floor condition, area, and ceiling heights......... 51. Evidence of dampness or staining ..................- 52. Electrical outlets and fixtures ........................_ 53. Window size and openable area ..................... 54. Window condition .................................... ENCLOSED PORCIIES AND OT'IIER ROOMS (Evaluator shall identify each additional room separately and connnent when necessary.} ~5. Walls and floor condition ............................ 56. Evidence of dampness or staining .................._ 57. Electrical outlets and fixtures ........................_ 58. Window condition ...................................._ ATTIC SPACE (Visible Areas} 59. Roof boards and rafters .............................. 60. Evidence of dampness or staining .................. 61. Electrical wiring/outlets/fixtures .................... 62. Ventilation ............................................. 63. ADDITIONAL COMMENTS ..................... "1i'=Meets minimum requirements "I3" =Below minimum requirements "C"= Comments "II"= Hazardous "Y"= Yes "~'= No "1WY"=Not Visible/Vietived ` i'VA"Not applicable Item ~ Comments Evaluator: Date: Property address: Rage 2af 4 "M"= Meets minimum requirements -the item complies with the minimum Housing Code requirements. "B"= Below minunum requirements -the item is below minimum. Housing Code requirements. "C"= Corr~ments -the item canr~at be adequately evaluated or it has some deficiency, but the def ciency is ins?~ff dent to make the item below minimum requirements. "H"= Hazardous -the item in its present condition may endanger the health and safety of the occupant. "RR"= Repair/Replace -the itean requires either repair or replacement. "Y"= Yes "N"= No "NV"= 2~lot visible/Viewed "I`~lA"= Flat Applicable Any item marked "B", "C" or "H" must have a written. comment about the item. Additional comment sheets may be attached if needed. Itern# Comments BASEMENT/CELLAII 1. Stairs and Handrails ................................. 2. Basement/cellar Iloar ................................. 3. Foundation ............................................ 4. Evidence of dampness or staining ................._ 5. First Floor, floor system ............................. 6. Beams and columns .................................. Electrical Se~-viee(s} # of Services ......................._ 7. Service Size: Amps: 30 60 100 150 -Other _ Volts: 120 _ 120!240 8. Electrical Service installation/grounding......... 9. Electrical wiring, outlets and fixtt.u•es ............. PLUMBING SYSTEM 10. Floor Drains .......................................... 11. Foundation drainage (Sump Pump} ............... 12. Waste and vent piping .............................. 13. Water piping .......................................... I4. Gas piping (AIl floors) ............................... 15. Water heaters} installation ......................... 16. Water heaters} venting .............................. 17. Plumbing fixhzres .................................... HEATING SYSTEM(S) # of ............................._ 18. Heating plant{s} Fuel: Type: a. Installation and visible condition ..................._ b. Viewed in operation ................................. c. Combustion venting ................................._ The Evaluator is nat required to ignite the heating plant(s) 19. Additional heating unit(s) Fuel: Type: - a_ Installation and visible condition ................... b. Viewed in operation ................................._ c. Combustion venting ................................. 20. ADDITIONAL COMMENTS ................... Evaluator: Date: -~- y CITY COUNCIL LETTER Meeting of: June 2, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL l -° ® ~` , DV ` " Tmnr,r. r.r_:._~_t___.t___a a rr~....:._._ rn....._..,. n.. ,.:+:..~ t t ~ivi. ivcigltuuilluvu aiiu nuu~iiig r dauiici r u,iitvu Dv. o,.,.++ rt~.. , u a . ,sw« ~iccin • 9r ~ .. _ ~ M I DATE: May 29, 2008 i ~ " Background: Per City policy, the City Council needs to approve either a new job position, or as in this request, a ~Ob reCld551fletltlUn. Staff is prOposirlg that the poSltioil of C Oii3illuilitj% Specialist ~formeriy held by iirsten Partenheimer) be reclassified to a newly defined position of Neighborhood and Housing Planner. The purpose of the reclassification is to hire an individual that has a wide range of experience in the housing field (targeting eight to ten years) that can 1) Build relationships with the vast number of organizations that may serve as vehicles for housing funding; 2) Secure program dollars for City- wide housing programs, and 3) Create and implement other strategies to preserve neighborhoods. The overall objective of creating this position is to develop a Master Housing Plan and implement strategies to ensure that the strength and integrity of o>.>r community's neighborhoods remain intact. Staff has recently given the Council information on increased rentals and the City's new foreclosure number is 305 over the past 17 months. Staff is of the opinion that focusing on our neighborhoods and attempting to manage the changes that are occurring is a critical step to preserving our community's health. From a monetary standpoint, the proposed position would be at the salve grade as the City's Planner. This would mean that the top end salary difference (3"~ year) between the existing position and the proposed would be $17,580 annually. In 2008 through 2009 the budget increase differential would be in the $10,800 to $12,000 range (this number is the difference between the budgeted Community Specialist salary versus an anticipated starting salary for the proposed position). Staff's recommendation tomake-up this monetary gap is to not fund the Greater Metropolitan Housing Corporation in 2009 as their existing contract runs $15,000 annually (in addition, the City has the option. to cancel the 2008 contract based on a 30 day notice). The $15,000 is appropriated from the City's newly fol-med Housing Fund, which. was created in late 2007 and commenced in 2008. Staff is of the belief that the amount of work done for $15,000 (which equates to .20 FTE considering base plus fringe) can be done by this new position. at a more economical rate alid proficiency, plus the City then. has the benefit of Having a verj experienced, Dousing planner, to devote to the other issues outlined in the attached j ob description. For 2008, any salary differential is made-up solely based on the amount of job vacancies and a reduced salary of the Community Development Director position as budgeted for in 2008. Recommendation: Recommended Motion: Attach»2ent: Job COUNCIL ACTION: NEIGHBORHOOD AND HOUSING PLANNER NATURE OR WORK Tlus position is responsible for professional work in the management and administration of a variety of activities related to housing and community development. Develops and implements housing and related support programs that will preserve the integrity of the community's residential neighborhoods. Work is performed with considerable independence under the general supervision of the Community Development Director. ESSENTIAL JOB FUNCTIONS 1. Develops, maintains, and implements Master Housing Plan. 2. Identities and maintains working relationships with outside entities, including the Minnesota Housing Finance Agency, Anoka County, and various non-profits and foundations, that may serve as a source for pi°ogram funding. 3. Prepares and administers grants. 4. Administers various housing program components, which may include loan processing, rehabilitation inspection, new home construction, property management, and demolition. contracts. 5. Works with. developers to identify sources of funds for gap financing, especially in the areas of Community Development Block Grant Funding, HOME Finds, tax increment financing, abatement, and other related programs. 6. Works with the community and specific neighborhood groups to build consensus on housing needs. 7. Assists with administrative duties related to the Housing and Redevelopment Authority's public housing. 8. Makes presentations to the City Council, Economic Development Authority and. the Housing and Redevelopment Authority regarding various aspects of program development and implementation. 9. Serves as part of the Community Development Department's strategic initiative team. 10. Performs related duties as assigned. REQUIRED QUALIFICATIONS Combination of training and experience equivalent to a Bachelor's degree in Housing, Urban Planning, or related field Three years progressively responsible public sector work experience in housing or a closely related field Valid driver's license DESIRED QUALIFICATIONS Master's degree in Housing, Urban Planning, or related field Four or more years of progressively responsible public sector work experience in housing or closely related field KNOWLEDGE, SKILLS AND ABILITIES Knowledge of basic public and business financing principles. Ability to ascertain and secure information on local, county, regional, state and federal housing programs with the goal of securing program funding. Ability to analyze information leading to programmatic conclusions. Ability to implement housing programs. Ability to maintain accurate records on various housing programs. Ability to communicate effectively, both orally and in writing. Ability to prepare competitive grant applications. Ability to effectively work with a wide range of disciplines, including real estate and mortgage brokers, bankers, attorneys, financial consultants and governmental and non-profit group representatives. Ability to establish and maintain effective working relationships based on a strategic problem-solving approach to Community Development issues. Ability to proficiently operate a computer using Microsoft Office Suite software. 052308 ~: CITY COUNCIL LETTER Meeting of: 6/2/08 AGENDA SECTION: WORK SESSION ~ ORIGINATING DEPARTMENT: ~ CITY MANAGER ~ PUBLIC WORKS ~ „~ ,~ ITEM: AUTHORIZATION TO NEGOTIATE FOR THE BY: K. Hansen BY: ~~~~ PROPERTY ACQUISITION OF 675 37TH AVENUE, DATE: 5/29/08 DATE: OWNED BY HILLTOP TRAILER SALES Background: The property located at 675 37"' Avenue is owned by Hilltop Trailer Sales. It is open, vacant [and with no improved or permanent buildings on the site. In 2006, the property ceased being used for trailer storage. The owners of Hilltop Trailer Sales approached Public Works in 2005 and again in 2007 to determine an interest in the potential acquisition of the property. Analysis/Conclusions: The attached map shows the size of the rectangular property at 72,000 square feet or 1.64 acres. The entire parcel is enclosed with a chain link fence with access on to Madison Place. The parcel surface is a combination of gravel and turf. Public Works proposed uses for the parcel identifying the following municipal needs: • Stonn water ponding to meet NPDES Phase II requirements for municipal operations. • Covered storage for mixed salt/sand storage (now stored in the open) • Materials storage such as for water main breaks excavations, asphalt, concrete, wood chips and other Public Works excavations (currently being stored on other City owned land). • Snow storage for snow removal operations. • Reserve Future Use (other) The owners of Hilltop Trailer sales approached the City prior to selling the parcel to other users. The property is now half leased by a trucking company for short and long term storage of tractor-trailers and for short teen storage of automobiles. Staff has not negotiated with Hilltop Trailer Sales. Staff is requesting authorization to negotiate with Hilltop Trailer Sales for the purchase price and terms to permanently acquire the property. A cursory appraisal (estimate of value) was prepared by Watson Appraisal which estimates the value at $558,750. This value is in the range that the owners indicated they were looking at obtaining for the property. Potential funding sources for the acquisition may include tower lease revenue, banding, enterprise funds, or other funds. RECOMMENDED MOTION: Move to authorize the City Manager to negotiate a purchase price and terms for the acquisition of 675 37`'' Avenue, owned by Hilltop Trailer Sales. Attachment: Appraisal Site map KH:cb COUNCIL ACTION: Watson Appraisal & Consultant Service, Inc Malcolm o. Watson, Certified General Appraiser, Civil Engineer 4230 Central Avenue NE. /^t_l.. _. _._l_!_. TT _.!~7_1._ ATAT GL.~AYI 1...1DltltnlllY[ Ylelgtlt5, lYll°(. ,~'tGt May 6, 2008 Kevin Hansen, Dept of Public Works 590 40th Ave. NE Columbia Heights, MN. SS421 Dear Mr. Hansen: Ref: Vacant Land ~a 675 37th Avenue NE. Columbia Heights, 55421 In reference to your request for an `Estimate of Value' into-day's market on the above referenced property, the following is respectfully submitted: The soli is considered `unstable' and usable only far storage and would require extensive pilings to a depth of approximate 25-35 feet for structures. In the early history of Columbia Heights this was considered swampland. The city filled the area using foundry waste, cinders, street building waste materials and sweepings. The area was leveled off for passible storage by the city. We reviewed 29 commercial properties, all in the southerly section of Anoka County. The range in value was $1.82 to $30 per square foot, depending on location, soil conditions and size. All sales were closed during 2006, 2007& 2008. Market statistic studies indicate a `value loss' in the past three years, which has been taken into consideration. Included in our research is the Environmental Assessment report required by USPAP. 2. Using only the parcels most similar to the subject, adjusting for time, size and location. Our estimated Market value would indicate a value of X7.46 per square foot. 72,f10a sq. ft. @ 7.4b/ sq. ft. = $558,75[1 cerely y/~ours, Malcolm O. Watson Appraiser/Civil Engineer ,„ CITY COUNCIL LETTER Meeting of: 6/2/08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PiiRi.iC' W(1RKR ~ ~j, ITEM: EROSION CONTROL ORDINANCE BY: K. Hansen BY: ~' p~~ ~^' DATE: 5/29/08 DATE: Background: In 2001, the City of Columbia Heights implemented a storm water management ordinance based upon the League of Minnesota Cities (LMC) model policy. Section g of that ordinance contained specific erosion control provisions. In 2003, the first generation of our City's Storm Water Pollution Prevention Program, or SWPPP, was prepared and approved by the MNPCA. The original permit had a five year time cycle for renewal. As a result of a federal lawsuit against the MNPCA regarding the first permit cycle, we were required to update our 2003 plan in 2007. The MNPCA accepted our 2°~ generation plan in December of 2007. Under our new permit, amendments to our existing Stormwater Management Ordinance specific to erosion control are required by June 30~', 2008. Analysis/Conclusions: An erosion control ordinance has been prepared which supplements our existing requirements of the Zoning Code with the following additions/clarifications: • New definitions have been added to specific to erosion and sediment control. • Implements a permit process for land alteration activities. • Defines grading, erosion control and sediment control plan requirements. • Defines construction requirements following permit issuance. • Adds requirements for construction site waste control. • Clarifies erosion and sediment control inspection procedures. • Provides for an enforcement process specific to erosion and sediment control. A copy of the City's updated SWPPP, section 4a-1, is attached that indicates the requirements of the erosion and sediment control ordinance. Public Works reconunends the first reading of the Erosion Control Ordinance for June 9`~', 2008. Recommended Motion: Move to waive the reading of Ordinance #xxxx, there being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance #xxxx, being an Ordinance amending City Code section 9.609 for the City of Columbia Heights for June 23"~, 2008 at approximately 7:00 p.m. in the Council Chambers. Attachment: Erosion. Control Ordinance City SWPPP BMP 4a-1 COUNCIL ACTION: ORDINANCE NO. 1547 BEING AN ORDINANCE PROHIBITING SURFACE DRAINAGE CONNECTIONS AND DISCHARGES INTO THE CITY OF COLi7MBIA HEIGHTS SANITARY SEWER SYSTEM The City of Columbia Heights does hereby establish Chapter 8, Article VIII of the City Code to read as follows: 8.801 Purpose: The purpose of this ordinance is to implement regulations that will aid the City in limiting and reducing the inflow of rainwater (or clear water) into the sanitary sewer system. The ordinance will be utilized to minimize the overflow problem resulting from the lack of capacity of the sanitary sewer system to handle large amounts of rainwater. Other sources of inflow and infiltration are discharges of water from rooftops; surface water, groundwater sump pumps, footing tiles, swimming pools, or other natural precipitation sources that may flow into the city sewer system and potentially cause flooding or overloading of the City's sewage system. When clear water is discharged into the sanitary sewer system it is treated at the sewage treatment plant. This results in added expenses for the City. The City of Columbia Heights, therefore, finds it in the best interest of the city to prohibit such discharges into the sanitary sewer system in order to protect and maintain the health and property of its residents. 8.802 Definitions: Area Drain- is a receptacle designed to collect and convey surface or storm water to the drainage system. Clear water- is any surface flow, runoff, and drainage that does not contain any hazardous substance or sewage. This includes, but is not limited to, NPDES permitted discharges, storm water and water from foundation and footing drains and basement sump pumps. Combined Sewer- is a sewer that must handle flow of both sanitary wastewater and storm water in a single pipeline. Combined Sewer Overflow (CSO)- occurs when excessive amounts of rainfall enter a sanitary sewer system. The result is a volume of rainwater and sanitary wastewater, which exceeds the system's capacity. Combined rainwater and sewage is forced to overflow into area streams and rivers through outfalls. Hazardous Substances- are materials which may cause or contribute to a substantial hazard to human health, safety, property or the environment based upon its quantity, concentration, physical, chemical, or infectious nature. These may include: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (2) Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters or the wastewater treatment plant. (3) Any waters or wastes having a pH Lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works. Liquid Waste- means the discharge from any fixture, appliance, or appurtenance that does not receive fecal matter. Owner- shall mean the person who is listed as property owner or taxpayer by Anoka County. Runoff- precipitation and other surface drainage that is not infiltrated into or otherwise retained by the soil, concrete, asphalt, or other surface upon which it falls. Sanitary Sewer System- pipelines, pumping stations, force mains, and all other construction devices, and mechanical devices used for conveying sewage or industrial waste or other wastes to a point of ultimate disposal. Storm Water- is any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation. 8.803 Compliance: Compliance with other Codes and Laws. Compliance with the provisions of this chapter does not release a person from any responsibility to comply with any other law or regulation, whether federal, state, or local. Conflict. In the event that the provisions of the chapter shall conflict with any Minnesota statue or any federal statute, the Minnesota statute or federal statute shall govern to the extent of any direct conflict Violations. Any person who violated any provision of this chapter shall be guilty of an ordinance violation and subject to punishment and penalties identified elsewhere in this ordinance. 8.804 Prohibited Discharges: Prohibited Discharges. No clear water from any roof, surface, groundwater, sump pump, footing tile, swimming pool, other buildings or structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. No person shall discharge or cause to be discharged hazardous substances to any public sewers. Disconnection. Before August 1, 2004, any person having a yard drain, roof surface, tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall be disconnected or removed. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner, as approved by the Public Works Director or his designated agent. Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of the sale of a dwelling, the seller must request that the sump pumps and drain tiled be inspected by the City visually and/or by smoking to ensure that they are not connected in any manner to the sanitary sewer system. Tf the City determines that the sump pump or drain the is illegally connected to the sanitary sewer system, the situation must be corrected before the unit is considered in compliance to be sold. Manner of Disconnection. The disconnection shall be accomplished by a complete and permanent method and performed in a competent manner. Any disconnection, plugging, capping, rerouting, altering, or modifying must be done is accordance with all applicable state and city building codes. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to city storm sewer or discharge through the curb and gutter to the street. It shall consist of a rigid discharge line, without valuing or quick connections for altering the path of discharge, and if connected to the city storm sewer line, shall include a check valve and air gap located in a small diameter structure. 8.805 Inspections: Inspection. Every person owning improved real estate that discharges into the City of Columbia Heights sanitary sewer system shall allow a city employee or a designated representative of the city to inspect the building to confirm that there is no sump pump or other prohibited discharges into the sanitary system. In lieu of having the city inspect their property before the sale of a dwelling, the property owner may furnish a certificate from a licensed plumber certifying that the property is in compliance with this section. Any person refusing to allow their property to be inspected or refusing to furnish a plumber's certificate within twenty-one (21) days of the date City employee(s) or their designated representatives are denied admittance to the property, shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this ordinance shall make the necessary changes to comply with ordinance and furnish proof of the changes to the City. New Construction. All new dwellings that are permitted to install a sump pump after June 1, 2004, shall have a pump that is piped to the outside of the dwelling before a certificate of occupancy is issued. New homes will be required to have their sump pump system inspected within (30) days of occupancy and a certificate of compliance must be completed before the property owner may occupy the property. Incentive. There are a number of methods to dispose of sump pump effluent. Any property which has an existing illegal connection may apply for financial assistance by requesting a City inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50). Upon verification of the corrective action and costs, the City will remit to the property owner the cost to correct the illegal connection to a maximum of $500 per installation. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1-year period. This incentive program is in effect until December 31, 2006. Surcharge. A surcharge of $100.00 per month is hereby imposed on every sewer bill mailed on or after January 1, 2005 to property owners who are not found to be in compliance with this section or who have refused to allow the city to inspect the property. The surcharge will be added to the property owner's utility billing until the property is found to be in compliance. Penalties. (a) Any person found to be violating any provision of this ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) In the event that the owner fails to correct the situation within the given time period, the City may correct it and collect all such costs together with reasonable attorney fees, or in the alternative, by certifying said costs of correction as any other special assessment upon the land from which said correction of said violation was made. Winter Discharge. The City Manager and his/lzer designee shall issue a permit to allow a property owner to discharge surface water into the sanitary sewer system. The permit shall authorize such discharge only from November 1St to March 30th of each year and a property owner is required to meet at least one of the following criteria in order to obtain a permit: 1. The freezing of the surface water discharge from sump pump or footing drain is causing a dangerous condition, such. as ice buildup or flooding, on public or private property. 2. The property owner has demonstrated that there is a danger that the sump pump or footing drain pipes will freeze up and result in either failure or damage to sump pump unit of the footing drain and cause basement flooding. 3. The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. Following ten days written notice and an opportunity to be heard, the City Manager may require a property to discharge their sump pump into the sanitary sewer from November lst to March 30th, if surface water discharge is causing an icy condition on streets. Disclaimer. The City of Columbia Heights does not guarantee or imply that areas will be free from flooding or flood damages caused by inflow and infiltration. The City does not assume a specific duty as to individual property owners to enforce this ordinance, but is enacting the ordinance as a general regulation. This ordinance shall not create liability on the part of the city or its offices or employees for any flood damage that may result from failure to comply with any portion of this ordinance or any administrative decisions made pursuant thereto, whatever the cause. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson City of Columbia Heights, Minnesota Attest: Patricia Muscovitz, CMC City Clerk BMP Summary Sheet MS4 Name: City of Columbia Heights Minimum Control Measure: 4-CONSTRUCTION SITE STORMWATER RUNOFF CONTROL TT__... __.. TlT/tT] T.t .... 1.:1': ,... 4~.. .. '1~T...«L...... A.. T fJ [1t11 ttC D1Y2Y iliGtt tlitC,QUVtt 1\l(ttt VGt. Yn-t *BMP Title: Ordinance or other Regulatory Mechanism *BMP Description: The City currently has a Construction Site Storm Water Management Ordinance which includes the items listed within the specific components below. The City will evaluate the existing ordinance in relation to the minimum standards outlined in the MPCA's NPDES Construction General Permit and watershed authority the first reporting year and consider developing changes in the second. Final implementation of the enforcement provisions will be June 30~', 2010. Locations} in SWPPP of detailed information relating to this BMP: *Measurable Goals: • Complete evaluation of existing ordinance • Completed amendments to ordinance • Implemented ordinance, documentation and enforcement procedures *Timeline/Implementation Schedule: • 2006: Evaluate existing ordinance by comparing it to MPCA minimum standards and county authority • 6 months after date of extension of permit coverage: Complete a draft ordinance from the year 1 assessment • 6 months after date of extension of permit coverage:: Implement new construction site erosion and sedimentation ordinance and documentation and enforcement procedures Specific Components and Notes: • Right of Entry provision • Construction site waste control • Site erosion control timelines for compliance • Penalties far non-compliance • Site Plan review and Inspection Procedures • Enforcement of Control Measures *Responsible Party for this BMP: Name: Kathy Young Department: Public Works Phone: 763-706-3700 E-mail: Kathy.young@ci.columbia-heights.mn.us *Indicates a REQUIRED field. Failure to co~rzplete any required field will resz~lt in rejection of the application due to incompleteness. City of Columbia Heights -BMP Summary Sheets (Rev. 10/09/07) Stormwater Management, Grading, Erosion, and Sediment Control P ®sE During the construction process, soil is highly vulnerable to erasion. by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Columbia Heights. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Columbia Heights. This ordinance is to be used in supplement to any other regulations as required by state agencies. DEFINITIONS As-Built Plans Record drawings of approved and as constructed improvements. Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. City Engineer A person who has received training and is given authority by the City of Columbia Heights to review, authorize, approve, inspect, and maintain. erosion and sediment control plans and practices. Clearing Any activity that removes the vegetative surface cover. Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. Dewatering The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. Erosion Control Inspector A designated agent given authority by the City of Columbia Heights to inspect and maintain erosion and sediment control practices. Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. Final Stabilization: a. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; b. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in (a) above. Grading Excavation or fill of material, including the resulting conditions thereof. Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures far the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Columbia Heights "Plan Requirements and Design Guidelines". Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of 2 flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. National Pollutant Discharge Elimination System (NPDES} The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.. Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. Permanent Cover Final site stabilization. Examples include grass, gravel, asphalt, and concrete. Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. Plan Requirements and Design Guidelines Manual detailing City specifications for all plan requirements. Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Columbia Heights or other state or federal agency. Rough Grade Excavation or fill of material to a condition suitable for general maintenance. Sediment Control Measures and methods employed to prevent sediment from leaving the site. Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development A permit issued by the municipality for the construction or alteration of ground. Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; Storm Water Defined under Mirui. R. 7077.0105, subp. 41(b}, and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erasion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. Temporary Erosion Control Methods employed to prevent erosion. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. Water Conveyance System Any channel that conveys surface runoff throughout the site. Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. 4 PERMITS [A] APPROVAL: No person shall be granted a Grading Permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erasion and Sediment Control Plan by the City of Columbia Heights. 1. 2000 square feet. 2. 400 c,ibic yards undeveloped land, or 40 cubic yards developed land. 3. Within 200 feet of a waterway [B] EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. [C] APPLICATION REQUIREMENTS: 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by City ordinance and paragraph [D] below. 3. A Grading, Erosion and Sediment Control Plan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Erosion and Sediment Control Plan. [D] SECURITY: 1. The permittee will be required to file with the City of Columbia Heights an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Columbia Heights. Such deposit shall be provided prior to the release of the Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. Z. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. b. The security shall be released after turf is established is specified in the City Design Guidelines and Plan Requirements Manual. [E} PROCEDURE: The City of Columbia Heights will review each application for Grading Permit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Columbia Heights requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit date. Upon complete application, the City of Columbia Heights shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Disapprove the permit application, indicating the reasons} and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Columbia Heights Zoning Ordinance. GRADING, EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS [A] PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Columbia Heights. The Grading, Erosion and Sediment Control Plan shall comply with all of the NPDES General Storm Water Permit requirements for temporary erosion control, finial stabilization and permanent water quality and include the following as applicable: A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 6 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will. begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sedimeni control measures, and establishment ofpermaneni vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Columbia Heights Plan Requirements and Design Guidelines Manual. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner as 33-3[E] of this regulation, may be authorized by the City of Columbia Heights by written authorization to the permittee, and shall include: a. Major amendments of the erosion and sediment control plan submitted to the City of Columbia Heights. b. Field modifications of a minor nature. CONSTRUCTION REQUIREMENTS [A] CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Plan Requirements and Design Guidelines. 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Columbia Heights. 5. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. Final stabilization on all sites shall become established within 6 months. The City of Columbia Heights may require the site to be reseeded or a nonvegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of sail stockpiles adjacent to public rights-of--way or waterways is prohibited. 10. The entire site must be stabilized to a 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. [B] WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [C] POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s) shall implement the following pollution prevention management measures on the site: l . Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be -- - ~ •-- properly stored, mciudmg secondary containment, to prevent splits, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. INSPECTION [A] NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [B] PROCEDURE: The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows. To obtain inspections, the permittee shall notify the City of Columbia Heights at least two working days before the following: 1. Installation of sediment and erosion measures 2. Start of construction 3. Close of the construction season 4. Completion of final stabilization landscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out [C] MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. [D] PERMITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Columbia Heights at the time interval specified in the approved permit. [E] AUTHORIZATION: The City Engineer, or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section B. 9 SITE MAINTENANCE [A] RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, anal street sweeping. [B] LAPSE: If the Grading permittee repeatedly fails to meet or maintain sediment and erosion control measures per the Approved Grading, Sediment and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. 2. If the Developer does not reimburse the City for any cost the City incurred beyond that covered by the deposit, for such work within ten (1 O) days from the date notice of the amount owed to the City is mailed, the City may draw on the security to reimburse City for such costs. CERTIFICATION [A] APPROVED GRADING, EROSION & SEDIMENT CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City Engineer shall be maintained at the site during the progress of the work. [B} AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Erosion and Sediment Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Columbia Heights Plan Requirements and Design Guidelines Manual [C] PROCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As-Built Site Development Plan are on file with the City, all securities as required by this ordinance are received, conservation posts installed and all erosion control measures are in place as determined by the City Engineer. [D] REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Columbia Heights Plan Requirements and Design Guidelines for specifications. 10 ENFORCEMENT [A] STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Columbia Heights may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of Site Development or building permit. 2. The City of Columbia Heights City may draw down on the Grading Permit security, with 30 days written notice to Developer, for any violation of the terms of this Contract related to landscaping if the violation is not cured within such thirty (30) day period or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building pernuts will be issued unless the development is in full compliance with the requirements of this Paragraph. [B] VIOLATION AND PENALTIES: 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 1. Upon conviction of any such. violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. CITY COUNCIL LETTER Meeting of: 6/9/2008 AGENDA SECTION: CONSENT AGENDA NO: ITEM: ACCESS CONTROL A'f MUNICIPAL SERVICE CENTER FACILITY ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ~ ~~~ BY: K. Hansen BY: ~~.,~-~~~'~~' DATE: 5/1.3/8 I DATE: .~'' Background: In 1999, the City of Columbia Heights installed proximity card reader access control at the public entrances to City Hall. The proximity card reading system provides increased control and security of access during normal and after hours use of City Hall. When the system was installed, it was premised that the Public Works building, the library, and Murzyn Hall may benefit from a similar access control system in the future. With. the completion of the Municipal Liquor Stores, the City has added computer- monitored security and similar access control at the two new facilities. Analysis/Conclusions: Public Works initiated a review of the Municipal Service Center to provide similar access control. As a result of this review, staff requested proposals from vendors to provide proximity card reader at five exterior manway doors and two overhead garage doors - one on each level. Marco and THC Integrated Access Systems submitted proposals that would be compatible with the existing City system. Marco's proposal totaled $17,088.31, for base access control and software system. Marco also provided additional pricing for optional access control. to the water tower, pump and lift stations; optional software packages for video, as well as options for video surveillance. THC Integrated Access Systems proposal totaled $18,525.35, for the base access control and software system. The 2007 Public Works budget included $18,500 for the proximity card system. The Public Works project experienced a delay until 2008 as City Hall reviewed and updated its current software system along with establishing the needs for the two new liquor stores. Recommended Motion: Move to authorize the Mayor and City Manager to accept the proposal and enter into a contract with Marco for access control and security system at Public Works garage, in the amount of $17,088.31, plus sales tax. KH:km COUNCIL ACTION: