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HomeMy WebLinkAboutMarch 10, 2003OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 10, 2003 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 10, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Reverend Bob Lyndes, St. Timothy Lutheran Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Ericson, Councilmember Kelzenberg Excused: Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamation -Minnesota Food Share Month Mayor 14Zyckoff read the Minnesota Food Share Month Proclamation. She presented the Proclamation to Rick Johnson, SACA. Mr. Johnson thanked the Mayor and he spoke of the Food Share Program history and the need to feed an increasing number of families. He described matching funding sources. Two years ago our program was third in the State and last year we were ninth in the State. Johnson spoke of the spaghetti dinner fundraiser last week. An Empty Bowls fund raiser will be on March 3r~, from 4.'30 p.m. to 7:30p. m. at the Fridley Community Center. Wyckoff showed a sample bowl and asked Mr. Johnson about them. He stated there wouM be a silent auction with bowls from all around the world and handmade bowls' will be given with a donation. He showed pictures to describe what foods' can be purchased with funds donated to the food shelf. Wyckoff questioned how residents' couM qualify for assistance. Johnson explained situations whereby families need help to get food. B) Presentations - none C) Introduction of New Employees - none D) Recognition 1) Mayor 147yckoff thanked Bob Ruettimann, who was unable to be present, for his service to the Economic Development Authority from 1998 to 2003. Mayor Wyckoff thanked Theresia Snyowczynski for her service to the Charter Commission from 1995 to 2003. Ted Landwehr, President of the Charter Commission, introduced Theresia Snyowczynski and gave her background and accomplishments on the Charter Commission. Ms. Snyowczynski thanked everyone and stated that she enjoyed serving on the Charter Commission. 3) Mayor Wyckoff thanked Tammera Ericson for her service to the Charter Commission from 1998 to 2002. Mr. Landwehr thanked Tami Ericson and have her background and accomplishments on the Charter Commission. Councilmember Ericson thanked Mr. Landwehr and indicated he is doing a fine job chairing the Charter Commission. She thanked the other citizens of the community that serve on City Boards' and Commissions. City Council Minutes Maxch 10, 2003 Page 2 of 7 CONSENT AGENDA Linda Magee, Assistant to the City Manager, took Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes for February 24, 2003 Motion to approve the minutes of the February 24, 2003 regular City Council meeting, correcting on page 7 the Taste of Heights event is in March, not April. 4) Accept Boards and Commissions Meeting Minutes Motion to accept the March 4, 2003 minutes of the Planning and Zoning Commission. 5) Approve Conditional Use Permit Case #2003-0304 for 2261 37th Avenue for a tent to sell green and flowering plants. Motion to approve the Conditional Use Permit to allow the placement of a 21 x 48 foot tent for the display and sale of green and flowering plants at 2261 37th Avenue NE from April 15, 2003 through July 15, 2003, subject to the following condition: · A $500 deposit shall be submitted to the License/Permit Clerk prior to the display of green and flowering plants on the site. 6) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 10, 2003 as presented. 7) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 102373 through 102557 in the amount of $1,054,475.29. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS Public Hearing for the Revocation/Suspension of Rental Housing License at 4630-4632 Washington. Mayor Wyckoff closed the hearing as the property is now in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1455, being an Ordinance providing for the issuance and sale of approximately $3,900,000 General Obligation Improvement Bonds, Series 2003. Bill Elrite, Finance Director, stated this wouM cover four years of public improvements, which includes past years and this year. Mark Ruff,, Ehlers and Associates, indicated that the Columbia Height; City Charter calls for two readings of the Ordinance, a 30 day waiting period and pubfication. This procedure would allow for the sale of bonds on April 28th. There would be competitive bids from around the country, and a bond rating would be completed. The amount of the bond at the second reading will be estimated at $3,200,000, which could change up to the day of the sale. Ruff addressed the question regarding legislation to freeze taxing for operating levies and bond issues. He stated that the City Attorney indicated to their firm that this would have no effect on this bond issuance. City Council Minutes Ma~ch 10, 2003 Page 3 of 7 Wyckoff asked how this would be repaid. Ruff indicated it would not be paid with property tax dollars, but through assessments and sewer and water revenues. Wyckoff asked if the bond is committed to only these specific projects. Ruff stated it could only be for these items. Williams questioned the interest rate. Ruff stated 4. 25 to 4. 75 percent. Williams questioned the previous bond interest rate. Ruff stated that bond was in 1999for a 10 year period, and this bond is for 15 years, at approximately the same interest rate. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1455, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to schedule March 24, 2003 at approximately 7:00 p.m. in City Council Chambers for the second reading of Ordinance No. 1455 being an ordinance providing for the issuance and sale of approximately $3,900,000 general obligation improvement bonds, series 2003. Upon vote: All ayes. Motion carried. 2) First Reading of Ordinance No. 1454, being an ordinance amending Ordinance 853, City Code of 1997, authorizing persons hired as Community Service Officers in the Police Department to issue Citations in lieu of arrest or continued detention to persons violating the following ordinances and/or State Statutes as listed in this Ordinance. Tom Johnson, Chief of Police, referred to the existing Ordinance and indicated the desire to add to the list of tags that can be written by Community Service Officers (CSO) to free up sworn officer's time. He listed types of tags to be allowed. Williams stated this would free up time in our court system. Johnson stated that administrative tags would accomplish this. Dick Lipa, 1220 Lincoln Terrace, spoke against this, stating he was involved eleven times with citations by a CSO ' s, and did not believe that citations should be written by anyone but licensed police officers. Johnson stated that our Officers already answer 2, 500 calls a year. In a past budget we lost a CSO officer position. Wyckoff indicated that we might have even less officers because of budget reductions. Johnson stated that we are currently short two officers that are not being replaced at this time. Motion by Williams, second by Kelzenberg to waive the reading of Ordinance No. 1454 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson, to establish the second reading of Ordinance No. 1454, being and ordinance amending Ordinance 853, City Code of 1977, authorizing persons hired as Community Service Officers in the Police Department to issue citations in lieu of arrest or continued detention to persons violating the following ordinances and/or State Statutes as listed in this ordinance, for Monday, March 24, 2003, as approximately 7:00 p.m. in the City Council chambers. Upon vote: All Ayes. Motion carried. 8) Adopt Resolution No. 2003-06, being a Resolution establishing penalties for the violations listed and allows for the use of administrative tags when citing for these violations Chief Johnson referred to the original Ordinance indicating offenses to be issued an administrative tag. This resolution wouM look to add violations to the current list. Administrative tags lessen the strain on the County court system and hoM a lesser fee. Fees charged wouM go to the general fund, rather than be split with the County. He did a comparison with the County fine list and the State payable list, which do not include surcharges for law libraries and officer City Council Minutes Ma~ch 10, 2003 Page 4 of 7 training. Johnson stated that the City Manager was comfortable with the proposed fees. Administrative tags can be paid at City Hall and would not go against the driving record If an offender is tagged frequently they can be written a County tag at any time. Wyckoff stated that Administrative tags can be paid by mail. Wyckoff asked how the tags are tracked Johnson indicated the process and stated that if not paid within thirty days, a County tag is issued Williams clarified that a resident can appeal to be written a County tag and go through the County system. Johnson stated that we currently only issue administrative tags for violations of the 2 am to 6 am parking ban. dim Hoefi, City Attorney, stated that judges are pleased to see the reduction of minor cases coming before them. He stated that additional fees added to a County tag average $45 per ticket. Currently we received one-third of the penalty fees with a County tag and with the administrative tag we receive l OO percent of the fee. Wyckoff asked how receiving the payments would affect the Finance Department. Elrite indicated this would increase the workload of his department. Mr. Lipa stated that the wording "discretion of the officer" scares him. He was told "the law is the law ". Johnson stated that Officers on the streets always have had the discretion to issue a tag. Ericson stated that this action would only make it possible to be issued a tag at a lower fee. Jacque Block, 4241 Tyler, clarified that the comparison fees fisted did not include the County surcharge of approximately $45. Leonard Dearing, 4311 Jefferson, questioned enforcement of the 2-6 a.m. parking ban. Johnson indicated the procedure and stated it is not possible to cover the entire City every night. Johnson stated that with the snowfall this past weekend only six vehicles were tagged and two were towed Wyckoff indicated residents could park on the streets overnight in the summer, but not longer than six hours. Johnson stated the intent of the law is to get our streets plowed Motion by Ericson, second by Williams, to waive the reading of Resolution 2003-06, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution 2003-06, being a Resolution establishing penalties for the violations listed and allows for the use of administrative tags when citing for these violations. Upon vote: All Ayes. Motion carried. RESOLUTION NO. 2003-06 BEING A RESOLUTION ESTABLISHING PENALTIES FOR ADMINISTRATIVE OFFENSES WITHIN THE CITY OF COLUMBIA HEIGHTS AS AUTHORIZED BY SECTION 8, CHAPTER 3 OF THE COLUMBIA HEIGHTS CITY CODE WHEREAS, the Columbia Heights City Council adopted Ordinance No. 1358 on October 13, 1997, establishing Section 8, Chapter 3 of the Columbia Heights Code entitled "Administrative Offenses;" and, WHEREAS, Subdivision 7 provides that penalties be imposed for violations of scheduled administrative offenses according to a schedule established and amended from time to time, by Resolution of the City Council; and, WHEREAS, it is the desire of the Columbia Heights City Council to amend said administrative offense penalty schedule. THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the administrative offense penalty schedule is amended as follows: City Council Minutes Ma~cch 10, 2003 Page 5 of 7 OFFENSE DESCRIPTION Overtime parking in public parking areas Illegally parking in loading zone Illegally parking in bus stop or taxi stand Illegally parked in metered parking areas Parked on boulevard Violation of boulevard parking permit Handicap parking Temporary or emergency no parking (parades) Six-hour minimum parking Parking in a traffic lane or in an alley Fire lanes or other parking violations on private property Junk vehicles Obstruct traffic in a private parking lot Overtime parking in a private parking lot No parking 2 a.m. to 6 a.m. No parking April 1 to May 1 when there is 3 ½ inches of snow or more on the streets No bicycle registration No bicycle lights and reflectors Miscellaneous bicycle violations Animal violations, Chapter 8, Article 1, Sections 1-8 Unauthorized signs in public fight of way Bicycle impound Parking in a park 11 p.m. to 6 a.m. OFFENSE DESCRIPTION Pets not on a leash in city park Miscellaneous State parking violations False alarm response by police or fire Third in calendar year Fourth in calendar year Fifth and any subsequent in a calendar year Animal in motor vehicle Animal cruelty Exposure of unused refrigerator (door not removed) Land disposal of used oil Abandoned motor vehicle Expired license plates Parked on landscaped area Parked more than 12" from curb Parked overweight (15,000) Garbage and rubbish violations Noise and odor violations Outside storage of materials Too many animals (no kennel license) Parked wrong side of street Speeding 1-15 over Obstructing view of driver Exhaust not muffled Obey traffic control signs and signals Driving roles Turning and starting Failure to yield Vehicle equipment and safety Passed this 10a~ day of March 2003 STATE CHAPTER/ PAYABLES STATUTE LIST PENALTY 7.202(2) $27 $25 7.202(3) $27 $25 7.202(4) $27 $25 7.202(5) $27 $25 7.202(6) $27 $25 7.202(6)(c) (111) $27 $25 7.202(9)/169.346 $245 $100 7.203(1) $27 $25 7.205(1) $27 $25 7.205(2) $27 $25 7.205(4) $27 $30 7.205(7) Not listed $30 7.205(11) $27 $25 7.205(12) $27 $27 7.205(13) $27 $25 7.205(14) $27 $25 7.401(1) $20 $15 7.402(2) $20 $15 7.402(3)/169.222 $20 $15 Not listed $25 8.203(3) $50 $20 7.401(3) $20 $20 10.201(1) $27 $25 STATE CHAPTER/ PAYABLES STATUTE LIST 10.201 (12) Not listed 169.32-169.34 inclusive $27 10.313 PENALTY $20 $25 Not listed $50 Not listed $75 Not listed $100 346.57(1) Not listed $25 343 Not listed $50 609.675 Not listed $25 115A.916 Not listed $50 168.03 $210 $35 168.09 $20 $25 873-5A.207(b)(i) Not listed $25 169.35(1) $25 $25 853.7.204 $700 $100 8.301 (7) Not listed $25 8.203(10) Not listed $75 5A.207(1)(F) Not listed $50 9.103 (34) Not listed $75 169.35 $27 $25 169.14 $40-50 $35 169.37 $40 $25 169.69 $30-$100 $50 169.06 $50 $30 169.18 $50 $30 169.19 $50 $30 169.201 $50 $30 169.46-169.65 $20-$50 $35 inclusive City Council Minutes Maxch 10, 2003 Page 6 of 7 9) First Reading of Ordinance No. 1453, Partial Vacation of California Street NE. Tim Johnson, City Planner, described the portion of street designated, which is adjacent to the sale of industrial property. He referred to maps in the Council packet. Motion by Ericson, second by Kelzenberg, to waive the reading of Ordinance No. 1453 there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Ericson, to establish a second reading of Ordinance No. 1453, being an ordinance vacating a portion of California Street NE, for March 24, 2003 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All Ayes. Motion carried. Bid Considerations - none Other Business - none ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager Magee stated that a work session has been established for March 17, following the Public Improvement Hearing at 6:00 p.m. for Zone 6B. Items for discussion at the work session will be: · Industrial Park planning review - estimated at two hours. · City agreement for planning services on the K-mart site · Items for budget reduction. Report of the City Attorney Williams asked how many items the City Attorney handles per month. Hoeft stated about 500per month, of which two-thirds involve Columbia Height; resident,'. CITIZENS FORUM Lipa shared his experience of locking his house key; in his car and an officer telling him to contact a locksmith. His referred to receiving a parking tag when there was no snow that the County Judge dismissed. Wyckoff invited the students present to come forward and introduce themselves. A student asked ifa ,'kate park is still being considered. Wyckoffstated it is still being talked about and the cost; wouM not be as much as was anticipated. She suggested attending a Park and Recreation Commission meeting with this question. A student asked about the K-mart site. Wyckoffindicated this isprivate property, and there is a gentleman's agreement to put in 100 townhomes on part of the site. Dearing asked for the Comcast telephone number. Magee explained the free service is only for the local government channel,'. Wyckoff stated that the satellite companies wouM also be able to provide these channels for alee. COUNCIL CORNER Kelzenberg · The Police and Fire Appreciation event last Friday had a good turn out. · There was a problem with mailings of the Heights Happenings at the post office. If anyone did not receive it, they can pick it up at Murzyn Hall. City Council Minutes Ma~ch 10, 2003 Page 7 of 7 Williams · Corrected his reference to Lincoln Terrace, should have been Circle Terrace. · Values First value for March is: Integrity - and gave the definition. · Pointed out the Heights Happenings stated that everyone has water front property, and it is important to not rake leaves into the sewer system. · Referred to funds available for home fix-up projects. · Encouraged everyone to pray for the health, peace and prosperity of our City. Ericson · The Rising to New Heights Housing Fair has signed up a lot of contractors. It will be held April 6th at the High School. There is no charge to attend and residents will receive help with things like low cost money saving ideas for their home, and when need to apply for building permits. If anyone would like to volunteer to work at this event, they many contact Ted Landwehr or Joanne Student. · Encouraged the support of our SACA food shelf, and stated that the spaghetti dinner was wonderful. · Read a quote from Fred Rogers regarding responsibility. She stated that we should all be local heroes. Wyckoff · Responded to an anonymous phone call by saying city trucks are kept running while crews work on a water break because the equipment they use is powered by the vehicles. · Ruth Westerberg is the Library Patron of the Month. She thanked her for her contributions to the Library and congratulated her on this honor. · The Taste of Heights will be Sunday, March 23, from 4:00 to 8:00 p.m., with eight restaurants participating, and will have a "Kid Krafts" area. Tickets are $2.50 per sample and $.50 of each ticket will go to SACA. There will be drawings for gift certificates to the participating restaurants. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 8:20 p.m. Patricia Muscovitz, Deputy City Clerk