Archive for month: February, 2021
The City of Windom seeks proposals from firms with expertise in the area of municipal land use ordinances who are interested in performing a review of the City’s Land Use Codes: Chapters 151 “Subdivisions” and 152 “Zoning”. A copy of the City’s current codes is on our website at https://windom-mn.com/wp-content/uploads/2020/04/Windom15.pdf.
Located in southwestern Minnesota with a population of 4,646, Windom is one hour southwest of Mankato and one-half hour northwest of Worthington. Windom is located on U.S. Highway 71 and Minnesota State Highway 60. Windom is a home rule charter city.
Scope of Services
The City is interested in a contract agreement with a third-party consultant to review and make recommendations on updating the City’s Subdivision and Zoning Codes. Recent residential, commercial and industrial construction projects and proposed developments have required review and consideration of conditional uses and variances for some properties. The codes have been routinely updated and amended since 2003 when the current code and zoning map were adopted. However, a holistic and comprehensive review is needed to ensure the codes are consistent and meet the current development and construction industry’s standards while maintaining orderly development and compatible land uses for the benefit of the citizens of Windom. It is not the intent of this review to develop new zoning districts or a new zoning map. Emphasis will be on the permitted and conditional uses listed in each zoning district.
The completed work product is expected to include proposed revisions/amendments that will be incorporated into Chapters 151 and 152 of the City Code. Review of these proposed revisions and amendments will be processed through the Planning Commission and City Council by City of Windom Staff and subject to review and approval by the City Attorney. After City Council approval of proposed revisions/amendments to Chapters 151 and 152, the City will retain other services to codify the revisions.
The Consultant selected for the code review will be expected to attend the following meetings: Initial meeting with the Planning Commission to establish the plan and process for the code review, a meeting with the Planning Commission for review of the final draft of proposed revisions to the Code which may include a public hearing, and a presentation of the final draft to the City Council.
Planning Commission’s Expectations: The Planning Commission expects that the selected Consultant will work closely with the Building & Zoning Office in its review of Chapters 151 and 152 of the Windom City Code. The Planning Commission expects that the Consultant will present its recommendations to the Planning Commission in manageable increments (the length of which shall be determined by the Building Official and the Consultant). The Planning Commission proposes to review the Consultant’s periodic recommendations at its meetings which are held the second Tuesday of each month.
The following guidelines describe the City’s expectations for the format and manner in which proposals are to be submitted by prospective firms. The failure by a prospective firm to follow these guidelines will not necessarily exclude that firm from consideration, but close adherence will be viewed more favorably as the City evaluates proposals. Thus, the submittal guidelines are as follows:
- A Proposal of Service which shall include qualified personnel with experience in land use planning, zoning administration, and City Ordinances. Please include credentials for firm staff who would actually perform the requested services.
- Compensation method and fee chart as applicable;
- Estimated fee;
- Approximate timeline for the project;
- List at least three client references, including the reference’s telephone number and address, to provide the City with an opportunity to contact each reference.
- Proposals should be limited to no more than fifteen pages (8½” X 11” in size). The Respondent shall submit three (3) hard copies and one (1) electronic copy of the Proposal to the City.
Submit all Questions and the Proposals to:
City of Windom
Attn: Andrew Spielman, Building Official
444 9th Street, P.O. Box 38
Windom, MN 56101
Responses are due by 5:00 p.m. on Friday, March 19, 2021.
Responses will be reviewed and evaluated by a designated Committee within two weeks of the response deadline. No attendance by prospective firms is requested for this meeting. The Committee will determine which firms to invite to make presentations and the date(s) and times for presentations. It is anticipated that the presentations will be scheduled for the April 13th Planning Commission Meeting. The Building & Zoning Office will contact those firms selected for presentations/interviews to confirm the date and time for their presentations. Firms not selected will also be notified.
Based on the written responses and presentations, the Committee and the Planning Commission will make a recommendation regarding which firm should be selected by the City Council to perform the Code review. If all of the presentations can be made at the April 13th Meeting, the Planning Commission will forward a recommendation to the City Council for selection of the Consultant at the City Council’s April 20th Meeting. The City Council will have final approval authority on a contract with the selected firm. The goal is for the Consultant to begin working with the Building & Zoning Office and Planning Commission in May 2021.
The City reserves the right to reject any or all of the proposals submitted.
Independent Contractor Status and Insurance Requirements for Selected Consultant
The Consultant shall be acting as an independent contractor and shall not be considered an employee of the City. The Consultant shall be responsible for its own workers’ compensation insurance and a minimum of $1 Million of liability insurance coverage. The Consultant must carry errors and omissions insurance of $1 Million per occurrence and $2 Million aggregate. The insurance coverages shall be in amounts and through companies approved by the City. The Consultant shall provide the City with copies of the Declaration pages evidencing this insurance prior to commencement of work.
The Low Income Energy Assistance Program serves both renters and homeowners, providing financial assistance to pay past due energy bills to avoid disconnection, to purchase emergency fuel, or to repair or replace a homeowner’s malfunctioning furnace.
Eligibility is based on the household’s past 3 months of income and assets are not counted. Benefit amounts are based on the household’s heating costs, household size, and income, with an average benefit of roughly $500.
The application period is open until May 31. To determine eligibility or to learn more about the Low Income Energy Assistance Program, visit:
ORDINANCE NO. 188, 2ND SERIES
AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, AMENDING CERTAIN EXISTING CITY CODE SECTIONS AND ADDING NEW SECTIONS
THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, DOES ORDAIN:
TO AMEND SUBSECTION 90.07(D)(1) BY ADDING NEW LANGUAGE AS FOLLOWS:
- 90.07 ABATEMENT PROCEDURE.
(D) Recovery of costs.
(1) Personal liability. The owner of the real estate where a nuisance has been abated by the City shall be personally liable for all costs the City incurred to abate the nuisance including, but not limited to, costs (labor and equipment) for removal of items by City Departments and contractors, landfill costs, impounding fees, sheriff’s service fees, court costs, attorneys’ fees, and City’s administrative fees. As soon as the work has been completed and the costs determined, the City shall prepare an invoice for the costs and mail it to the owner. Thereupon the amount shall immediately be due and payable at the Office of the City Clerk.
TO AMEND SUBSECTION 152.002(B) BY ADDING NEW DEFINITIONS AS FOLLOWS:
IMPOUND LOT. A place where inoperable vehicles are stored temporarily pending their disposition. (See § 152.477.)
VEHICLE WRECKING. Any place where two or more vehicles not in running condition and/or not licensed are stored in the open and are not being restored to operation or any land, building or structure used for wrecking/towing or storing of the motor vehicles.
TO AMEND SUBSECTION 152.002(B) BY REVISING TWO EXISTING DEFINITIONS AND REPLACING THOSE DEFINITIONS WITH THE FOLLOWING:
JUNK YARD/SALVAGE YARD. Land or buildings where waste, discarded or salvaged materials (including vehicles) are bought, sold, exchanged, stored, salvaged, scavenged, scrapped, disassembled, cleaned, packed, or handled. Products include, but are not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and/or products resulting from the salvaging or scrapping of vehicles. (See also Chapter 113.)
TO ADD A NEW SECTION 152.477 TO THE CITY CODE AS FOLLOWS:
- 152.477 STORAGE OF INOPERABLE VEHICLES (VEHICLE WRECKING).
A storage location for inoperable vehicles (“impound lot”) shall be allowed as a conditional use only in the I-1 or I-2 Zoning Districts and shall be subject to the following:
(A) Use of the impound lot shall be limited to a business providing vehicle wrecker services and towing of vehicles.
(B) Storage of inoperable vehicles shall be permitted only as temporary storage for the time period required to conclude any insurance or legal proceedings or disposal arrangements in connection with each specific vehicle.
(C) No scrapping, dismantling, or salvage of vehicles or vehicle parts shall be allowed.
(D) The business owner and/or property owner shall be responsible for (1) compliance with any requirements of the Minnesota Pollution Control Agency and, if applicable, Minnesota Department of Natural Resources concerning vehicle fluids and hazardous substances; and (2) shall verify the proximity of the proposed impound lot in relation to the City’s drinking water sources management area.
(E) The storage area shall be kept in a neat and orderly condition.
(F) The storage area shall be enclosed by a fence. The location, type, and height of fencing and/or screening shall be set forth in the conditional use permit granted by the City Council for the specific property.
(G) The City Council may add additional conditions to the conditional use permit as deemed advisable, such as a limitation on hours of operation, depending on the location of the conditional use.
TO AMEND SUBSECTION 152.172(A) BY REVISING AN EXISTING SUBSECTION AS FOLLOWS:
(A) Vehicle wrecking or junk yard/salvage yard (See also Chapter 113);
TO AMEND SECTION 152.152 BY ADDING A NEW (C), RE-LETTERING THE EXISTING (C) AS (D), AND REVISING (D) AS FOLLOWS:
(C) Impound lot for storage of inoperable vehicles (vehicle wrecking) per § 152.477; and
(D) All other uses not listed in § 152.151. Other uses similar in nature to those uses listed in this section and which in the opinion of the City Planning Commission will not be detrimental to the integrity of the district.
TO AMEND SECTION 152.172 BY ADDING A NEW (H), RE-LETTERING THE EXISTING (H) TO (I) AS FOLLOWS:
(H) Impound lot for storage of inoperable vehicles (vehicle wrecking) per § 152.477; and
(I) Other uses similar in nature to those uses listed in this section and which in the opinion of the City Planning Commission will not be detrimental to the integrity of the district.
TO AMEND SECTION 152.325 BY REVISING SUBSECTIONS (A) AND (G) AS FOLLOWS
- Each residential lot on which a principal dwelling has been constructed shall be allowed an accessory building(s) pursuant to the provisions set forth herein. All accessory buildings shall require a permit from the City.
(G) No accessory building or structure, other than a fence or temporary construction, may be
constructed prior to the time of construction of the principal building or structure on the lot except if the provisions set forth in Section 152.329 are applicable.
TO AMEND SECTION 150.55 LICENSING (Rental Housing Code) BY REVISING SUBSECTION (D), ADDING A NEW SUBSECTION (E), RE-LETTERING AND REVISING EXISTING SUBSECTION (E) AS SUBSECTION (F), ADDING A NEW SUBSECTION (G), AND RE-LETTERING EXISTING SUBSECTION (F) Complaints as SUBSECTION (H) AS FOLLOWS:
(D) The license will be valid for a three-year period except as provided in Subsections (F) and (G) of this Section. An application for renewal of the license must be submitted between January 1st and March 31st of the renewal year.
(E) For purposes of licensing and inspection of rental housing properties, three Zones have been established in the City of Windom. Zone One includes properties lying south of Ninth Street extended westerly to the west boundary of the Windom City Limits. The north/south dividing line between Zones 2 and 3 is Fourth Avenue beginning at Ninth Street and continuing northward, joining Sixth Avenue north of 20th Street, and continuing to Highway 71 North. Zone Two includes properties lying north of Ninth Street and east of the north/south dividing line. Zone Three includes properties lying north of Ninth Street (as extended westerly) and west of the north/south dividing line.
(F) After adoption of the rental housing ordinance by the City Council, all properties converted to or constructed as new rental units must be inspected and licensed prior to being occupied. Renewal dates will be assigned that correspond to the Zone in which the property is located. The license fee for the initial license term shall be prorated pursuant to the fee schedule adopted by the City Council. If the application for a rental housing license is received within the second year of the license term for that Zone, the license fee shall be two-thirds of the fee for a three-year license term. If the application for a rental housing license is received within the third year of the license term, the license fee shall be one-third of the fee for a three-year license term.
(G) If a rental property is sold, the new owner shall submit a Rental Housing License Application to the City’s Building & Zoning Office within thirty (30) days of the closing on the property. The existing rental housing license will be assigned from the previous owner to the new owner for the remainder of the license term. No inspection or fees will be required to assign/transfer a rental license.
TO AMEND SECTION 150.56 INSPECTIONS (Rental Housing Code) BY REVISING SUBSECTION (D), ADDING A NEW SUBSECTION (E), RE-LETTERING EXISTING SUBSECTION (E) “Complaints”AS SUBSECTION (F), AND RE-LETTERING EXISTING SUBSECTIONS (F), (G), AND (H) AS SUBSECTIONS (G), (H), AND (I) RESPECTIVELY AS FOLLOWS:
(D) In the event that a rental property is sold and the existing rental license is assigned to the new owner [Section 150.55(G)], the property will not be subject to a rental inspection for the remainder of the license term unless a complaint is received.
(E) In the event of a pandemic (such as occurred in 2020) or natural or manmade disasters occurring in Windom including, but not limited to, tornado, flooding, fire, etc., which prevent or delay timely inspections of the rental properties in the Zone requiring licensing/relicensing that year, the licensing/relicensing deadline for that Zone may be extended and the deadline for relicensing properties in the other two Zones may be extended at the option of the City Council.
TO AMEND SECTION 150.56 BY ADDING A NEW SUBSECTION (I)(3) to the re-lettered Subsection (I) AND RE-LETTERING EXISTING SUBSECTION (I)(3) AS (I)(4) AS FOLLOWS:
- The sale of a licensed rental property may be exempt from another rental inspection during that license term pursuant to Section 150.56(D).
- A property owner may be entitled to an exemption ….
TO AMEND SUBSECTION 150.58(H) BY REVISING THE REFERENCE TO THE SECTION IDENTIFIED AS § 105.55(F) TO READ § 150.55(H) AS FOLLOWS:
(H) If the property owner fails to pay the license or renewal fees, re-inspection fees, the fines specified at § 150.55(H), the fines specified at § 150.58(E), ….
ALL OTHER PROVISIONS OF THESE SECTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
EFFECTIVE DATE OF ORDINANCE. This ordinance becomes effective from and after its passage and publication.
Adopted by the City Council of the City of Windom, Minnesota, this 16th day of February, 2021.
Dominic Jones, Mayor
Steve Nasby, City Administrator
1st Reading: February 2, 2021
2nd Reading: February 16, 2021
Adoption: February 16, 2021
Published: February 24, 2021