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HomeMy WebLinkAboutOctober 13, 2003OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CITY COUNCIL MEETING OCTOBER 13, 2003 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 13, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Rev. Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Wyckoff clarified that the City Council meets' on the second and fourth Monday of every month. 14Zyckoff will read two letters under recognition. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations 1) Nancy Shaw, Anoka County Senior Coordinator, presented a list of Make a Difference Day projects' to help local seniors. She stated that as an outreach worker with seniors and disabled adults, the Mayor indicated that businesses want contacts' to join in "Make a Difference Day"(MDD). This would include doing projects in the community, such as painting a kitchen, lifting boxes, raking yards. She handed out a flyer for MDD on October 25th and stated that volunteers can a/so help anytime during the year. Shaw indicated that peop/e should/et her know if they are aware ora neighbor or someone that needs help, or if you or a group is willing to help. Wyckoff questioned supplies need for the projects'. Shaw indicated rakes and window cleaning materials' are available. Wyckoff introduced her to Counci/member Ericson who is active with the Rising to New Heights' (RNH) group. Ericson indicated RNH would recognize the groups and individuals' that have made our community a better p/ace. Shaw will get a list of participants to Ericson. Shaw gave the background on what the Anoka County Community Action Program (ACCAP) does for the needy in the community, and stated that she goes out and tells' them of available resources. Nawrocki indicated that the Outreach program began in the City of Columbia Heights'. North Star Corridor - Nawrocki stated this group indicated they would make their presentation at one of the two Council meetings in November. Following discussion, Nawrocki will ask them to appear at the November 10, 2003 meeting. C) Introduction of New Employees - none D) Recognition- Vgyckoff read a letter from Captain Paul Johnson, Coon Rapids Police Department, regarding the 2003 Anoka County Terrorism Exercise, commending Corporal Lee Okerstrom and other range officers on the training they presented. Wyckoff read a letter from Tom Daley, 4352 5th Street, commending the Columbia Heights' Pubfic Works' Department for the excellent job they do. City Council Minutes October 13, 2003 Page 2 of 16 CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for September 22, 2003 Motion to approve the minutes of the September 22, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the April 15, 2003 minutes of the Housing and Redevelopment Authority. b) Motion to accept the September 24, 2003 minutes of the Park and Recreation Commission. 3) Adopt Resolution No. 2003-42, being a resolution changing the dates of the City Council meetings for December 2003. - Removed Nawrocki questioned why this date change was requested. Fehst stated this has been pastpractice. 4) Authorize the Fire Department to accept the 2003 FEMA Grant in the amount of $500,000 ($450,000 FEMA portion and $50,000 City of Columbia Heights match) and to seek bids for purchase of a 100 foot plus Custom Ouint Ladder Truck. Motion to authorize staff to accept the 2003 FEMA Grant in the amount of $500,000 ($450,000 FEMA portion and $50,000 City of Columbia Heights match). Motion to authorize Fire Department Staff to seek bids for the purchase of a 100 foot plus Custom Quint Ladder Truck, with these bids opening on October 15, 2003 and Closing at the end of the business day (4:450 p.m.) on November 5, 2003. Nawrocki questioned the requirement,'placed on the FEMA Grant. Fehst stated the requirement; are in the appfication we filed. Fehst indicated the requirement; of sharing the equipment with other communities and not reducing our present amount of equipment. Fire Chief Charfie Thompson, indicated the new mission submitted with the grant includes an elevated water supply, third run on medical call; and on auto extractions, and obligating this piece of equipment to the surround communities of Minneapofis, New Brighton and Fridley. Nawrocki questioned covering Minneapofis when they have cut back on unit; at the Johnson Street station. Thompson indicated that their current ladder truck would be replaced with a water pumping, ladder unit. This Grant has been discussed with all the surrounding community. Nawrocki requested to see a copy of the appfication. He questioned extra cost; and the bid process. Thompson stated bid; would be opened November 5th. Wyckoff asked by what date the funds must be spent. Thompson indicated the timetable is one year, allowing eight months to build the truck. Nawrocki questioned the number of vendors to bid Captain Matt Field stated the committee has met with seven vendors and believes six companies are qualified to meet the specifications and grant requirements, and will bid on the truck. 5) Adopt Resolution No. 2003-44 being a Resolution accepting bids and awarding the 2003 (Additional) Sanitary Sewer Lining to Visu-Sewer Clean and Seal, Inc., Project #0309 Motion to waive the reading of Resolution No. 2003-44, there being ample copies available to the public. Motion to adopt Resolution No.2003-44, being a Resolution accepting bids and awarding the 2003 Sanitary Sewer Lining Project #0309 (Additional) to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, based upon their low, qualified, responsible bid in the amount of $91,005.60 with funds to be appropriated from Fund 652-50309-5130; and, furthermore, to City Council Minutes October 13, 2003 Page 3 of 16 authorize the Mayor and City Manager to enter into an agreement for the same. Fehst indicated this additional lining wouM extend the previously approved area by Rainbow Foods. RESOLUTION NO. 2003-44 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2003 SANITARY SEWER LINING (ADDITIONAL) CITY PROJECT 0309 TO VISU-SEWER CLEAN AND SEAL, INC. OF PEWAUKEE, WISCONSIN WHEREAS, pursuant to an advertisement for bids for City Project #0309 Sanitary Sewer Lining Project (Amended), bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Visu-Sewer Clean and Seal Inc. Insituform Tecnologies Lametti & Sons Michel's Pipeline TOTAL $ 91,005.60 $ 94,958.30 $ 95,514.00 $120,970.00 WHEREAS, it appears that Visu-Sewer Clean and Seal Inc. of W230 N4855 Betker Drive, Pewaukee, Wisconsin 53072 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Visu-Sewer Clean and Seal, Inc. in the name of the City of Columbia Heights for the 2003 Sanitary Sewer Lining Project (Additional), City Project 0309, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 6) Authorization to seek bids for the replacement of the perimeter fencing at the City's Water Tower Facility Motion to authorize staff to seek bids for the replacement of the perimeter fencing at the City Water Tower Facility. Fehst stated the fencing was agreed to as a replacement, to accommodate the Anoka County 800 MHz radio system. Nclwrocki questioned if the neighbor on the north side wouM have to look at the fencing project. Fehst stated that staff wouM work with that specific neighbor regarding landscaping the area. Kevin Hansen, Public Works Director, suggested options for the area. 7) Authorize Acceptance of the MN Twins Community Fund in the amount of $5,000 Motion to accept the MN Twins Community Fund Grant in the amount of $5,000. Fehst thanked Councilmember Kelzenberg for bringing this grant to staff's attention, for improvements to Keyes Park. Our contribution wouM be soft match labor. 8) Approve Purchase of Photocopier - Removed Fehst commended Bill E/rite, Finance Director, for his work to obtain the best price, and commended Councilmember Nawrocki for his encouragement to work with all vendors to get better bids. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 13, 2003 as presented. City Council Minutes October 13, 2003 Page 4 of 16 10) 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 105214 through 105471 in the amount of $799,275.51. Motion by Williams, second by Nawrocki, to approve the consent agenda with the exception of items #3 and #8. Upon vote: All ayes. Motion carried. #3 Adopt Resolution No. 2003-42, being a resolution changing the dates of the City Council meetings for December 2003. Nawrocki opposed eliminating one meeting in December, as it is necessary at that time to process end of the year bills, and that renewal of the contract with the City of Hilltop needs to be discussed as it expires at the end of the year. Fehst stated there are no anticipated items that cannot be approved in a timely manner on the recommended meeting date. Fehst stated that past Councils initiated the practice of only one meeting in December in the past, not staff. Wyckoff asked if Councilmembers wouM be in town over the holidays. The consensus was that they wouM be available. Nawrocki questioned the dates for the budget information meeting and a work session. Staff indicated the budget information meeting is anticipated to be recommended for December 1, 2003 and a work session for December 8, 2003. This motion wouM set a City Council meeting for December 15, 2003. Wyckoff asked the th Finance Director if the bills couM be paid by the 15 . Nawrocki stated there wouM be December bills paid in January. Elrite stated this wouM not create a problem with the payment of bills. Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution No. 2003-42, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Kelzenberg, to adopt Resolution No. 2003-42, being a Resolution changing the dates of the City of Columbia Heights regular City Council meetings in December 2003. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2003-42 BEING A RESOLUTION CHANGING THE DATES OF CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETINGS IN DECEMBER 2003 WHEREAS: The City Council has decided to change the dates of regular Council meetings scheduled for December 8, 2003 and December 22, 2003, and; WHEREAS: The date of the first regular Council meeting in December would heretofore have been scheduled for December 8, 2003 and the second regular Council meeting in December would heretofore have been scheduled for Monday, December 22, 2003, have now been combined and rescheduled for Monday, December 15, 2003 in the City Council Chambers. NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change, with the traditional convening time of 7:00 p.m. in the City Hall Council Chamber #8 Approve Purchase of Photocopier Wyckoff asked if this request is for one copier or three copiers. Fehst stated three copiers wouM be purchased. Ericson stated that the Public Works and Library copier purchases do not require City Council approval. Elrite indicated that the City Hall copier would be over $15,000 and funds would be transferred in the budget, as we had not originally planned to purchase a copier this year. The maintenance agreement ends this year on the current City Hall copier and the new maintenance fees make it more economical to purchase a new machine. Nawrocki stated that the combined cost of all three machines is well over $15,000, and what we will pay for the other two copiers. Elrite referred to the Council letter table that indicates the final quotes. All three machines would be Mita copiers, purchased from Coordinated Business Systems. The copiers will all operate similarly and are the easiest to operate of all machines demonstrated. Ericson stated the difference of $21, 25, and $105 between the Mita copiers City Council Minutes October 13, 2003 Page 5 of 16 and the low bid. Nclwrocki stated he asked for the specifications we sent out, but received the manufacture's specifications for the various machines. Elrite referred to the total cost and maintenance for five years and stated that the recommendation is based on more than cost, such as maintenance, ergonomics, and ease of use. We followed the State contract concept, but their prices are higher than this and are only broken down by the number of copies produced per minute. Detailed specifications would have eliminated many companies, because they all have small differences, and we wanted to receive as many quotes as possible. Nclwrocki indicated his pleasure in the additional price savings, and asked how these prices compare to the last quotes. Elrite referred to the Council letter table on Savings to Purchase City Hall Copier, which lists the original quotes, revised quotes, and final revised quotes. The total started at $53,000, which we negotiation down to $48,367 in September, and now negotiated to $41,464. The original negotiation was for a fixed three year maintenance contract, but now negotiated to a fixed five year contract price. Nclwrocki pointed out the increase for the Library copier. Elrite stated that a few essential features, such as networking and scanning, were added. This will allow scanning documents into our document imaging system. Elrite stated that the Library staff, his secretary, and the Public Works secretary did the major research on this, and he compiled the information. Nclwrocki questioned where the money wouM come from. Elrite stated General Government repair and maintenance services as a line transfer. Elrite pointed out the line item to Councilmember NclwrocM in the budget report. Nclwrocki questioned why the funds were not transferred. Elrite stated we were waiting for approval before moving funds. Motion by Williams, second by Kelzenberg, to authorize Mayor and City Manager to enter into an agreement with Coordinated Business Systems to purchase a Kyocera Mita copier for $15,970 and further authorize to enter into a five-year maintenance contract at a cost of $2,700 per year. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. Fehst commended Nawrockifor raising some good points on this, whereby we researched and received lower prices. Future purchases of other equipment will also be looked at more closely. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1463, being a Ordinance adopting building Permit/Plan Review Fee Schedule and Refund Policy dim Hoefi, City Attorney, stated that in review of the building fee schedule in place, it was determined that as a housekeeping measure the newly adopted building code did not adopt alee schedule. We continue to use the schedule that was in place, but an ordinance is now required by State Statute to adopt fees. This wouM ratify the existing six year fee schedule, with no changes to fee amounts. Wyckoff questioned the need for a $35 permit to replace an existing bathroom fixture. Tim Johnson, City Planner, suggested that the Building Official address specific fees. Nawrocki questioned replacing a dryer and the hook-up as two separate fees. Hoefi stated this Ordinance was not to debate fees, but a housekeeping method. If Council wouM like to review the fees, they may do so. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1463, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes October 13, 2003 Page 6 of 16 Motion by Ericson, second by Williams, to schedule the second reading of Ordinance No. 1463, being an Ordinance adopting a Permit/Plan Review Fee Schedule and Refund Policy for Monday, October 27, 2003 at approximately 7:00 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. 2) Second reading of Ordinance No. 1460, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428. Tim Johnson, City Planner, stated this Ordinance wouM change the Zoning Ordinance to include Building Design Guidefines. At the first reading of the ordinance there were questions relative to "waivers". The Design Guidefines Committee recommended being asJTexible as possible with the guidefines. There is language stating, "The City may permit alternative approaches that, in it's determination, meet the objective(,) of the design guidefine(,) equally well. The City may waive any guidefine when specific physical conditions of the site or building would make compfiance difficult or inappropriate ". He referred to the special requirements of the Nedegaard and Bobby and Steve's building sites, because of the topography. The cities of Wayzata and Excelsior consider their Design Guidefine waivers as a variance, but it has become compficated and they have amended their guidefines. Ericson indicated that approval tonight wouM put this ordinance into effect in 30 days; then Council could amend the ordinance by resolution. Hoeft stated this ordinance was set up so the guidefines could be changed by resolution. Ericson indicated the desire to review this at a City Council work session, because the guidefines are said to be mandatory, yet staff can waive them, if necessary. Ericson stated that she does want to see this ordinance in effect. Wyckoff indicated that the City of Hilltop is also considering these design guidefines. Nawrocki indicated that waivers shouM only be approved by City Council, rather than by staff or a non-appointed body. He questioned that anyone in the Central Business District (CBD) does not have to provide off street parking. Johnson indicated that is correct, as there are off street parking facilities in place. Ericson stated comfort with this, to not create parking in front of businesses. Nawrocki stated this wouM cause parking problems within residential neighborhoods and shouM not be Carte Blanc, as developers need to consider parking issues. Fehst stated that staff and the Planning and Zoning Commission wouM always address parking. Ericson stated these are standards and anything that does not meet them wouM require a variance. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1460, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Ordinance No. 1460, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428. Nawrocki stated he wouM vote against the ordinance, as there are points that need additional discussion and should be tabled. Motion by Nawrocki to table Ordinance N. 1460 for additional information. As no second was received the motion was not considered. Ericson stated the desire to have this ordinance in place, and the need to have further discussion on the details. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. City Council Minutes October 13, 2003 Page 7 of 16 3) *Copy of Ordinance #1460 attached to the end of this document. Second reading of Ordinance No. 1462, being an ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428, Kmart Redevelopment Site Rezoning Hoe fL stated this was originally passed by City Council as a Resolution, but as there were concerns with language in the Zoning Ordinance, the rezoning is now being processed as an Ordinance. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1462, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1462, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428, pertaining to the rezoning of certain properties at 4707, 4747, 4757, 4801, 4811, and 4849 Central Avenue NE. Nawrocki questioned Cheery Heights resident concerns from the last meeting regarding building height of the proposed development. His concern was that this wouM not come back before Council for a decision. Wyckoff stated that site plans have not yet been submitted. Fehst stated that the Planning and Zoning Commission will hoM a special meeting on October 28th and that the Developer wouM attend. Wyckoff stated the Developer has ah'eady reduced the proposed number of units. Fehst indicated the reduction was from 244 units to 218 units. Hoeft stated he wouM meet on Wednesday with the Community Development Director, Public Works Director and attorneys from Kennedy and Graven to discuss items such as financing and development. Fehst invited anyone with concerns to attend the October 28, 2003 meeting. Wyckoff stated that suggestions to lower the development area by eight feet wouM be very costly, and that any variance wouM come before Council. Hoe fL stated that with a project of this size there will be agreements on development, financing, and items such as streetscaping and landscaping that wouM require Council action. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. Upon vote: All ayes. Motion carried. Nclwrocki indicated he has never seen the Council refuse to accept a petition from the citizens of the community. The Cheery Heights group submitted a petition, which he made a motion to accept, and no one accepted it. Motion by Nawrocki to accept the petition presented by the citizens of the Cheery Heights plat regarding the Kmart development. Ericson stated confusion, as the City Attorney indicated at the last meeting that the Mayor could and did accept the petition. Hoeft indicated yes, just as the Mayor accepts petitions regarding assessments. Wyckoff stated that she has officially accepted the petition. Nawrocki stated that her acceptance of the petition is not acceptance by the Council. It is a courtesy to the citizens of the community, as a body, to recognize what they are saying. Deb dohnson, 999 4F'tAvenue, indicated there was a question on the letter attached to the petition as being drafted after the residents signed the petition. Fehst agreed that the petition was received City Council Minutes October 13, 2003 Page 8 of 16 originally without the letter. Wyckoff stated the petition addresses the height of the development. Ericson stated that same petition was submitted to the Planning and Zoning Commission and is also part of their record. Wyckoff called for a second to the motion. As no second was received, the motion was not considered. *Copy of Ordinance #1462 attached to the end of this document. 4) Second reading of Ordinance No. 1461, being an Ordinance Establishing Abatement of Public Nuisances Process Hoeft stated that he met with Police Captain Roddy, Public Works Superintendent McClanahan, and Assistant Fire Chief Gorman to discuss how this abatement process would proceed and how it would be processed. Hoefi stated he would submit a recommended process for Council discussion. There would be an initial letter with a follow up letter in seven to ten days, if necessary. Staff will have tried to contact the property owner prior to letters being sent, similar to housing maintenance violations. In non-emergency situations, the process would include Council setting a hearing date, a third notification to the property owner for response, followed by a Council hearing. If Council adopted a finding of hazard or need for abatement, it would go to District Court for affirmation before abatement and assessment thereof. This would be a lengthy process. Nawrocki questioned where the language is written to authorize or make mandatory this process. Hoeft stated it would be a policy. Staff would give the property owner the opportunity to contact them and correct the problem before coming to Council. There are due process requirements that must be fulfilled. Nawrocki restated his question from the last meeting regarding charging the owner of a property for violations on the property that he is not aware of. Hoeft stated the owner would be notified and if not corrected, he would be assigned the cost. In emergency abatements, no notice would be given. Captain Bill Roddy referred to different levels of emergency, which wouM be sorted out after the fact. In a non-emergency, all actions wouM be taken prior to any abatement action. Wyckoff asked if there has been any action to clean up the Tyler Street location. Hoefi stated that individual appeared in court last week on citations. There has been no resolution at this point, and a new date has been obtained for a pre-trial. Hoefi stated the property owner gave him representations that there wouM be significant steps to eliminate the problem. Nawrocki referred to the weeds and dug up yard at 46th and Washington Street that has been a problem all summer. Fehst agreed it was atrocious for this project to go this long, and the Building Official and Pubfic Works Department will address this. HaroM Hoium, 4315 5th Street, suggested cleaning up the City by discarding our 1, 460 Ordinances and cleaning up the crime in the City. Hoium asked that streets and alleys with oil spills be clean up. Fehst asked him to notify the Ci(y if he sees anyone dumping oil in the streets or alleys. Kelzenberg indicated that abatement letters shouM be sent by certified mail and not by registered mail. Sending them by registered mail is not necessary and is expensive. Motion Ericson, second by Williams, to waive the reading of Ordinance No. 1461, there being ample copies available to the public. Upon vote: All Ayes. Motion Carried. City Council Minutes October 13, 2003 Page 9 of 16 Motion Ericson, second by Williams, to adopt Ordinance No. 1461, being an Ordinance Establishing Abatement of Public Nuisances Process. Upon vote: All ayes. Motion carried. Miscellaneous Wyckoff asked Captain Roddy how the Hell's Angels'party at the Star Bar went on Saturday night. Roddy stated that the Columbia Heights' Police Department took all necessary precautions, and there were no issues as a result of this event. 14Zilliams commended him and his staff for beingpro- active, as this could have been a volatile situation. Roddy stated that we had an enormous response from the surround communities offering assistance, if the need arose. * Copy of Ordinance # 1461 attached to the end of this document. Bid Considerations - none Other Business - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst congratulated and recognized Councilmember Ericson for passing the state bar exam, and is now an Attorney at Law. She will be sworn in October 27, 2003. ~yckoff questioned the approval of the lot line for the twin home at 3906 Reservoir Boulevard as the lady next to this property is very upset. Fehst stated it required a variance that came before Council. ~yckoff indicated that on the south side, the two properties share a driveway. Fehst stated that the home to the north is affected the most. Nawrocki requested a copy of Council's action on this property. Report of the City Attorney - none CITIZENS FORUM HaroM Hoium, 4315 5th Street, indicated a curb that needs' to be filled on 6th Street at 43fa. Hansen stated that would be completed by the Miscellaneous Concrete contractor, by approximately next Thursday. Hoium referred to a hole in the street on 45th Avenue. Hansen indicated he is addressing this problem. Hoium requested that dogs' over 14 inches or 40 pounds' not be allowed within the City, because people do not control these dogs'. Hoium discussed safety in the City. COUNCIL COMMUNICATION Nawrocki · Status on 3710 Polk Street, where a water line brake washed out the dirt under the garage. · Requested to pursue meeting with the League of MN Cities Insurance Trust regarding responsibility for sewer backups. Hansen indicated that in 2002 there were 30 sewer blockages, but cannot indicate the number that backed up into homes. It was City policy in the past to help with clean up. · At the last meeting it was indicated that it is not a policy that City employees are not to talk to Councilmembers. If it is not a policy, a record should be made that they are not prohibited to do so. Fehst stated that if an employee has a problem with their supervisor, there is a chain of command to follow for resolution. Indicated that the Mayor did not follow up on letters from employees regarding budget suggestions. Councilmembers should look at the employee recommendations as part of the budget process. Hoefi indicated that the situation of an individual contacting Councilmembers was not about him/her contacting them, but on the content of the contact. City Council Minutes October 13, 2003 Page 10 of 16 · Article from Shoreview Press - dealing with extra deer in their city and what they are doing about it. Wyckoff stated a task force of residents from the area has been organized and she will ask the Public Works Director to share this article with them. Ericson · The Values First Core Values for October are Non-violence, Peace and Conflict Resolution. Wyckoff · Library patrons for the month are the Sister City Committee, who have an active relationship with Lomianki, Poland, our Sister City. Fehst indicated that the Library has a collection of Columbia Heights yearbooks. · What is happening at Jackson Pond? Hansen stated that Council has now accepted the additional sanitary sewer lining in this area and an audible/visual alarm will be placed to notify us in the event ora rise in the sewer. What will be done when the alarm rings? Hansen stated that lines could be checked for blockage and we can try to notify residents. · Referred to an article in the Pioneer Press_, brought to her attention by Pat Proft, on Columbia Heights moving forward through development. This is the positive attention that we need. He has offered to help us retain old buildings. · Wednesday, November 5, 2003 will be "Rediscover the 801 Bus - Ride with the Mayor" day. This is to promote the 801 and preserve its existence. This is the only east/west route across town, and goes from Brookdale to Rosedale. On this day passengers will ride the bus for free, stop at Rosedale to shop for several hours, and have a chance to win prizes from Metro Transit. A group publicity photo will be taken at the Columbia Heights Transit Hub at 10:29 a.m. Williams · GMHC has a goal to build 13 new owner occupied, single family homes by 2005. · Notify Mr. Kalata of the special October 28th Planning and Zoning Commission meeting. · Listed promotions given to City employees. · Relayed some details from the Crestview Gala held last Friday. · Referred to the Employee Insights newsletter. · Continue to pray for the peace and prosperity of our City. · Barb Kelzenberg and her husband just celebrated their 35th wedding anniversary. · Fehst indicated that funds to pay for the donatedpolice car were delivered by Mr. Williams tonight. Kelzenberg · The Alexander House will host a Pancake Breakfast on November 8th at Christ Lutheran Church. There will be a silent auction with proceeds going to the Alexander House, which has free services for battered women. · The Columbia Heights Homecoming Football Game on Friday had a sell out crowd. It is positive to people enjoy themselves in the community. A resident referred to the wonderful fireworks display. Nawrocki indicated that the VFW and the Rising to New Heights Committee were two of the groups that donated to the fireworks display. · The 500 Club will begin sometime in December. Nawrocki questioned if GMHC will be buying two lots on Second Street. Wyckoff stated they are buying one lot that will have a twin home with two addresses. Hoium asked if Anoka County Corrections is building houses in the City? Wyckoff indicated "Yes". City Council Minutes October 13, 2003 Page 11 of 16 ADJO[IRNMENT Mayor Wyckoff adjourned the meeting at 9:28 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE NO. 1460 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE #1428 The City of Columbia Heights does ordain: Section 1: Section 9.614 Building Design Standards. Section 9. 614 shall be amended to read as follows: 5) Design Guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated areas or districts of the City with greater specificity than the standards in this section. Where there is a conflict between the design guidelines and the standards in this section, the guidelines shall apply. 9.614 Building Design Standards. 3) Building Materials and Design. Currently reads: 3) (b) At least 30% of the first floor facade that faces a public street, sidewalk or parking lot shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Shall be amended to read as fo#ows: 3) (b) At least 20°,/~ 20% of the first floor facade that faces a public street, sidewalk or parking lot shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level for non- residential uses. 9.611 Lighting: Currently reads: Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts. Shall be amended to read as fo#ows: Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts, with the exception of architectural up-lighting or landscape lighting. Section 9.612 Currently reads: 8) Off-street Parking District Should the City establish a public off-street parking district, those uses located within the district shall be exempt from providing off-street parking spaces as required herein. Shall be amended to read as follows: 8) Off-street Parking District. Should the City establish a public off-street parking district, those uses located within the district shall be exempt from providing off-street parking spaces as required herein. The CBD, Central Business District, is established as a public off-street parking district, so that nonresidential uses are exempt from providing off-street parking spaces as required herein. Residential uses, including those in mixed-use buildings, shall provide off-street parking as required herein. Section 9.1006 CBD, Central Business District Shall be amended to read as follows: City Council Minutes October 13, 2003 Page 12 of 16 $) Off-Street Parking. The CBD, Central Business District, shall be considered an Of-Street Parking District in which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of Section 9.612. Section 9.1003 Lot Dimensions, Height and Bulk Requirements Currently reads: LB GB CBD Minimum Lot Area 6,000 sq. fi. 6,000 sq. fl. Minimum Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. fl. Multiple Family Dwelling Efficiency 1,200 sq. fl. 1,200 sq. fl. One bedroom 1,800 sq. fl. 1,800 sq. fl. Two bedroom 2,000 sq. fl. 2,000 sq. fl. Three bedroom 2,500 sq. fl. 2,500 sq. fl. Additional bedroom 400 sq. fl. 400 sq. fl. Congregate Living Units 400 sq. fl. 400 sq. fl. Hotel or motel 400 sq. fl. Hospital 600 sq. fl. Building Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 15 feet None None Corner Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Corner Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage Floor Area Ratio 1.0 6.0 Section 9.1003 Lot Dimension, Height and Bulk Requirements. Shall be amended to read as follows: LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Family Dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Nonresidential/Mixed-Use Front Yard None Residential Front Yard 5 feet Front Yaxd !2 feet 15 feet g- None Side Yard 15 feet None None Comer Side Yaxd 10 feet 15 feet 1 foot Reax Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yaxd 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Comer Side Yaxd 12 feet 15 feet 1 foot Reax Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage City Council Minutes October 13, 2003 Page 13 of 16 l Floor Area Ratio I I 1.0 [ 6.0 I 9.613 5) Landscaping and Screening. Screening Requirements. Screening shall be provided in accordance with the following requirements: Currently reads: a) All off-street parking areas containing six (6) or more parking spaces and located adjacent to or across a public right-of-way (street or alley) from a residential or residentially zoned property, the parking area shall be screened along the boundary with the residential use. Where any commercial or industrial use is located adjacent to or across a public right-of-way (street or alley) from a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. Shall be amended to read as follows: a) All off-street parking areas containing six (6) or more parking spaces and located adjacent to or across a public ~ ............ j j ...... a residential or residemially zoned prope~, the parking area shall be screened along the bounda~ with the residential use. Where any commercial or industrial use is located adjacent to ~ across a public ~ ~* ~f way ~*~* ~ ~'~'~ ..~-, ~ ............ j ~ or across a public alley from a residential or a residentially zoned prope~, the commercial or industrial use shall be screened along the boun~ with the residential use. 6) Section 9.613 6) Shall be amended to read as follows: Screening of Parking Areas from Adjacent Properties. All parking and loading areas (including drive-through facilities, pump island service areas and stacking spaces) abutting a public street or sidewalk shall provide: a) A landscaped frontage strip at least 5 feet wide along the public street or sidewalk If a parking area contains over 100 spaces, the minimum required landscaped frontage strip shall be increased to 8 feet in width. b) Screening consisting of either a masonry wall, fence, berm or hedge or combination that forms a screen a minimum of $ feet in height, a maximum of 4 ½ feet in height, and not less than 50 percent opaque on a year-round basis. For reasons of personal safety and security, parking lot screening should allow clear visibility of pedestrians above the S-foot high viewing range. c) Trees shall be planted at regular intervals of no greater than 50 feet within the frontage strip. Section 9.1203 Mixed Use Development District Types Currently reads: Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development opportunities with the City. 1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be 60 percent service-oriented commercial/retail and 40 percent high density residential development (12 units/acre minimum). Section 9.1203 Mixed Use Development District Types Shall be amended to read as follows: Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development opportunities with the City. 1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be ~ percent .... ~ .... ~,.~a ....... ~,~/~.,a ,,a A ~ ...... · h~.h a~,~,T .~o.~-,.,.~a~-*~ ~ .... * ~-~v--~-,~ ...... flexible to help facilitate a successful development (12 ~its/acre mi~mum). Section 9.1205 Performance Standards. The following performance standards shall be applied to all mixed-use developments. Currently reads: 1) The minimum size of a mixed-use development shall be five (5) acres. Shall be amended to read as follows: 1) The minimum size of a mixed-use development shall be..,,c"'~ ~Jrqx ,~.,o ..... flexible to help facilitate a City Council Minutes October 13, 2003 Page 14 of 16 successful development. Section 9.1301 General Provisions Currently reads: 4) Establishment of Overlay District. The following overlay districts are established: a) Floodplain Management Overlay District b) Shoreland Management Overlay District Section 9.1301 General Provisions Shall be amended to read as follows: 4) Establishment of Overlay District. The following overlay districts are established: a) Floodplain Management Overlay District b) Shoreland Management Overlay District c) Design Overlay District Section 9.1304 Shall be amended to read as follows: 1) Purpose: The Design Overlay Districts are established to increase the visual appeal and pedestrian orientation of certain major street corridors within the City, thereby increasing the economic vitality of these corridors, and to support the goals of the Comprehensive Plan. 2) Establishment. The following design overlay districts are established: a) Central Avenue Design District b) 40th Avenue Design District c) Highway Design District 3) a) b) Design Guidelines. The Columbia Heights Design Guidelines shall apply to development within the Design Districts. The Columbia Heights Design Guidelines are hereby incorporated into this ordinance by reference in order to: Guide developers or business owners wishing to propose expansions, renovations or new construction of buildings or parking within the Design Districts; Assist City officials and staff in reviewing development proposals. 4) Applicability of Design Guidelines. Design guidelines shall apply to all nonresidential, mixed-use and/or multi-family buildings, and to the following activities: · New construction; · Any exterior changes, including repainting, with the exception of replacement or repair of existing materials; · Any internal remodeling or expansion activity that increases the overall size of the building by 10 percent or more; · Any development or expansion of parking areas that would result in a lot with more than four parking spaces. · Minor alterations such as repainting may be handled administratively, as determined by the City Planner. The guidelines are intended to be mandatory. It is assumed that the intent of the guidelines shall be met; however, it is understood that there may be ways to achieve the same design objective. The City may permit alternative approaches that in its determination, meet the objective(s) of the guidelines(s) equally well. The guidelines shall apply only to the building or site elements being developed or altered. That is, a proposal for changes to a building would be required to meet only those standards that pertain to buildings, while changes to a parking area would be required to meet all standards for parking areas, but not for buildings. The City Planner will make the initial determination as to which standards are applicable. Design Review shall be conducted as part of the site plan review process, as specified in Section 9.413. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE 1461 BEING AN ORDINANCE ESTABLISHING ABATEMENT OF PUBLIC NUISANCES PROCESS City Council Minutes October 13, 2003 Page 15 of 16 The City of Columbia Heights does hereby establish Chapter 8, Article VI, Section 1 of the City Code to read as follows: § 8.601 DUTIES OF CITY OFFICERS. (1) The City Engineer, Public Works Superintendent, Police Department, Fire Department, Building Official, City Planner, or other designated official shall enforce the provisions of this chapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. § 8.602 ABATEMENT. (1) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (a) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (b) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (c) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (d) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (2) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportumty to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (3) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (1) and (2) of this section will permit a continuing nuisance to unreasonably endanger public health safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (1) of this section, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (4) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. § 8.603 RECOVERY OF COST. (1) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. City Council Minutes October 13, 2003 Page 16 of 16 (2) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. § 8.604 GENERAL PENALTY. (1) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days, or both. In either case, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (2) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for such failure. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1462 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO 1428, PERTAINING TO THE REZON1NG OF CERTAIN PROPERTIES LOCATED AT 4707, 4747, 4757, 4801, 4811, 4849 CENTRAL AVENUE Section 1: WHEREAS, the City of Columbia Heights established the 'Kmart Redevelopment Advisory Group' to undertake a planning process to determine appropriate redevelopment of the Kmart Redevelopment Project area; and WHEREAS, the City of Columbia Heights recognizes that the current Kmart site has many detriments that prevent it from being reused strictly as a commercial site, recognizing a housing component is necessary in order for a successful redevelopment project to occur; and WHEREAS, rezoning from GB, General Business District to MXD, Mixed-Use District provides flexibility in the project redevelopment, and allows for both commercial and residential components as part of the redevelopment project area; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the existing use of the property and the zoning classification of the property within the general area of the Kmart site are compatible with the proposed Mixed-Use Zoning classification, and WHEREAS, there has been a change in the character and trend of development in the general area of the Kmart property, which has taken place since the original commercial zoning designation, which necessitates the need to consider rezoning for a more appropriate use; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business to MXD, Mixed-Use District. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.