HomeMy WebLinkAboutMarch 10, 2003 RegularCITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Or: Website at: www. ci. cohtmbia-heights, mn. us
ADMINISTRATION
March 7, 2003
Mayor
Julienne Wy&off
Councilmernbers
Robert ,4. Williams
Bruce Nawrockt'
Tammera Ericson
Bruce Kelzenberg
CiO, Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be 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.
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 disabled persons are
available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611,
to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
Invocation: Reverend Bob Lyndes, St. Timothy Lutheran Church
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS
A) Proclamations
1) Minnesota Food Share Month - Rick Johnson, SACA
B) Presentations - none
C) Introduction of New Employees - none
D) Recognition
I) Bob Ruettimann, Economic Development Authority (1998-2003)
2) Theresia Synowczynski, Charter Commission (1995-2003)
3) Tammera Ericson, Charter Commission (1998-2002)
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of
business.)
A) MOTION: Move to approve the Consent Agenda items as follows:
1) Approve City Council Meeting Minutes for February 24, 2003
MOTION: Move to approve the minutes of the February 24, 2003 regular City Council meeting as
presented.
2) Accept Boards and Commissions Meeting Minutes
MOTION: Move to accept the March 4, 2003 minutes of the Planning and Zoning Commission.
THE CITY OF COLUMBIA HEIGHTS DOE5 NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
~-QUAL OPPORTUNITY E~MPLOYER
City Council Agenda
March 10, 2003
Page 2 of 3
3) Approve Conditional Use Permit Case #2003-0304 for 2261 37th Avenue for a tent to sell green and
flowering plants.
MOTION: Move 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.
4)
Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for March 10, 2003
as presented.
5)
Approve Payment of Bills
MOTION: Move 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.
PUBLIC HEARINGS
A) Public Hearing for the Revocation/Suspension of Rental Housing License at 4630-4632 Washington.
MOTION: Move to close the Public Heating regarding the revocation or suspension of the Rental
License held by James Clobes regarding rental property at 4630-4632 Washington Street N.E. in that the
property complies with the Residential Maintenance Code.
ITEMS FOR CONSIDERATION
A) 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.
MOTION: Move to waive the reading of Ordinance No. 1455, there being ample copies available to
the public.
MOTION: Move 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.
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.
MOTION: Move to waive the reading of Ordinance No. 1454 there being ample copies available to
the public.
MOTION: Move to set 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.
3)
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 violation~
MOTION: Move to waive the reading of Resolution 2003-06, there being ample copies available to
the public.
City Council Agenda
March 10, 2003
Page 3 of 3
MOTION: Move 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.
4)
First Reading of Ordinance No. 1453, Partial Vacation of California Street NE.
MOTION: Move to waive the reading of Ordinance No. 1453 there being ample copies available to
the public.
MOTION: Move to establish a second reading of Ordinance No. 1453, being an ordinance vacating
a portion of California Street NE, for March 24, 2004 at approximately 7:00 p.m. in the City Council
Chambers.
B) Bid Considerations - none
C) Other Business
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
1) Upcoming Work Session Items
B) Report of the City Attorney
e
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes.)
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. F-e-hst, City Maltiager
WF/pvm
Whereas:
Whereas:
W~ereas :
Whereas~
Whereas:
Whereas:
Whereas:
Whereas:
Whereas:
Whereas:
CI'ltY COC.
Hunger e~s~ ~ ~~fies even ~ ~e be~ of ~ono~es; ~d
Ne~ly ~fofh~ Mi~eso~ m c~l~n ~elve yem old ~d yo~ger; ~d
~e f~tem ~o~g ~oups of hm~ M~emms ~e se&or cit~e~ ~d ~ople
who ~e wor~g, ~d;
~e cr~phg effec~ of h~ger h ~e life of ~ ~divid~ or f~ly c~ r~ge ~m
~r h~ ~d slow~ r~ve~ ~m ~j~ ~d il~ess m ~or ~ffo~ce at
sch~l ~d m wor~ ~d;
~e ~pact offs on lives ~d co~ties c~ be dev~mt~g, ~d;
Food shelves in Mi~esom disffibute a~m ~ ~llion ~ds of domt~ ~d
pmh~ed food ~ly to e~e ~e sting ofh~ger, ~d;
Due to ~e slowed economy, visim have ~cre~ed ~atic~ly at eve~ food shelf
~ ~e ~te ~s ye~, by ~ average often percen~ ~d;
~e SACA Food Shelf ~ Colmbia Hei~ h~ ~so seen a si~fic~t ~cre~e in
ne~, ~d;
~e ~e~m F~dS~e M~ch Cmp~ is res~nsible for ~q~g about ~f
· e food di~buted ~ly ~ou~ food shelves, ~d;
~e success of~e M~esom Fo~Sh~e M~ch Cmp~ depends u~n ~e
p~dpafion of bm~es~s, civic ~oups, ~hools, ~n~egafiom ~d individ~s ~
ev~ ~~,
Now Therefore Be It Resolved that I, Julienne Wyckoff, Mayor of the City of Columbia
Heights do hereby proclaim the Month of March 2003 to be
Minnesota Food Share Month
Mayor Julienne Wyckoff
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL
FEBRUARY 24, 2003
THESE I /tlNIJTE$
NOT BEEN APPROVED.
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
February 24, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
Pastor Dave Briley, Oak Hill Baptist Church gave the Invocation.
CALL TO ORDER/ROLL CALL
Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember
Kelzenberg, and Councilmember Ericson
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA -none
PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS - none
CONSENT AGENDA
City Manager Walt Fehst took the Councilmembers through the Consent Agenda items:
1) Approve City Council Meeting Minutes for February 10, 2003
Motion to approve the minutes of the February 10, 2003, regular City Council meeting as presented.
2)
Accept Boards and Commissions Meeting Minutes
a) Motion to accept the February 3, 2003 minutes of the Traffic Commission.
b) Motion to accept the January 28, 2003 minutes of the Economic Development Authority.
c) Motion to accept the February 4, 2003 minutes of the Library Board of Trustees.
3)
Establish Work Session Meeting Dates for Mondays, March 3, March 17 and March 31 beginning at
7:00 p.m. in Conference Room 1
Motion to establish Work Session meeting dates for Mondays, March 3, March 17 and March 31
beginning at 7:00 p.m. in Conference Room 1.
Fehst listed discussion items for the March 3rd work session: · State Representative Barb Goodwin
· Refurbishment of the Fire Departments Rescue #1 and Engine #4
· Revision of Ordinance 853 - authorized Citations by Community Service Officers
· Establishing penalties for administrative offenses
· Purchase of Police Squad Car altematives
Hilltop Policing and Medical Contract
· Capital Improvement Bond
Fehst stated that main item of business on the March 17th work session would be the United
Properties study for 3 7th and Central, and possible distribution of information on reduced services
and cuts. He has requested staff submit information for 5percent and l O percent budget cuts.
Wyckoff indicated that for consistency, work sessions are held on alternate Monday nights and the
public, as always, is welcome. Nawrocki felt it is important that the public be aware of what is on the
agenda before a meeting is set. Ericson stated that the meeting on the fifih Monday of March is to
City Council Minutes
February 24, 2003
Page 2 of 7
accommodate Councilmember Nawrocki and there will not be a meeting held on the first Monday of
April. Nawrocki stated that he may not be able to attend the meeting of March 17th as he will be out
of town.
4)
Approve Countywide Transport Program transfer of funds from General Fund to Police Dept. 2003
Budget Overtime Line #1020
Motion to transfer $2,671.64, the total amount of money received from the State of Minnesota via
Anoka County for our efforts in transporting inebriated individuals to detox from the General Fund
to the Police Department 2003 budget line #1020, overtime. This would be done to assist in covering
the cost of overtime to staff this function.
5)
Approve Safe and Sober program Transfer of funds from the General Fund to Police Dept. 2003
Budget Overtime Line #1020
Motion to transfer $2,943.58, the total amount of money received from the State of Minnesota for
our efforts in Safe and Sober program from the General Fund to the Police Department 2003 budget
line $1020, overtime This would be done to assist in covering the cost of overtime to staff this
function.
6)
7)
8)
9)
Nawrocki stated these are reimbursements from six months ago and questioned why funds would go
to the 2003 budget. Police Chief Tom Johnson stated the funds are used to cover the costs in the
coming year. Nawrocki asked when the time was expended on this program and how many dollars
have been received in the past for this program. Johnson stated he could relay this information for
the Safe and Sober program, but the County Transport program has a set number of dollars from the
State, given to the County, which are divided up to defer some of the costs.
Authorize payment of $19,126.92 for administering the 2002 Tax Increment Financing Laws of
Minnesota, Truth in Taxation, and Special Assessments
Motion to authorize payment of $19,126.92 for administering the 2002 Tax Increment Financing
Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the
TIF Debt Services Fund and the General Fund.
Fehst stated this is a yearly expense.
Approve a donation of $500 to the Sister City Committee to fund a reception for visiting di~.tmitaries
from Lomianki Poland
Motion to approve a donation of $500 to the Columbia Heights Sister Cities Committee to fund a
dinner/reception in June of 2003 for the visiting dignitaries from our sister city, Lomianki, Poland.
Fehst stated that we expect up to seven elected officials and dignitaries from Lomianki Poland and
that the Sister City Committee has asked for a contribution to assist with an event for the visitors.
Establish a Hearing Date of Monday, March 10, 2003 for revocation or suspension of rental property
license at 3726 3rd Street NE
Motion to establish a hearing date of March 10, 2003 for Revocation or Suspension of a License
to Operate a Rental Property within the City of Columbia Heights against John Stenroos at 3726
3rd Street N.E.
Approve Rental Housing License Applications
Motion to approve the items listed for rental housing license applications for February 24, 2003.
City Council Minutes
February 24, 2003
Page 3 of 7
10) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for February 24, 2003 as
presented.
11) 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 102152 through 102372 in the amount of $940,550.17.
Nawrocki questioned checks numbered: 102238 Anoka County License Bureau, 1022 77 David Banks
Studio, 102228 Fridley Seal Coating, 102307 ICMA membership, and how 102176 OMNI Roof compared to
the bid. Fehst stated the information would be available in the green sheet.
Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items. Upon vote: All ayes.
Motion carried.
PUBLIC HEARINGS - None
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions - none
B) Bid Considerations
Approve Purchase of one (1) new Tennantpower Sidewalk Sweeper
Kevin Hansen, Public Works Director, stated this would be a self-contained sweeper with a trash
container attached, to assist with sidewalk sweeping on Central Avenue as part of the project
agreement, and for a multitude of other uses such as wildlife dropping on trail areas. This would be
purchased with State Aid dollars and from the 2002 State contract, which would require the purchase by
the end of March. Staff would probably schedule sidewalk sweeping every other week.
Wyckoff stated the need for a sweeper was discussed at the beginning of the Central Avenue project
planning and that the funds used would not come from property taxes. Hansen stated the funds come
from MNDOT and this was a budgeted 2003 maintenance item.
Nawrocki questioned the personnel costs to run the equipment. Hansen stated that some time was
budgeted to that account, to include sweeping and landscaping to be completed this spring. Nawrocki
questioned the amounts of the other quotes. Hansen did not have that information with him, but could
get it for him. Nawrocki questioned the sales tax amount. Hansen stated it is 6.5percent, which is
budget line item ~/395. Nawrocki questioned why the existing sweeper was being traded in. Hansen
stated it is an indoor sweeper and in poor condition.
Motion by Nawrocki to table purchase of the sweeper to the next Com~cil meeting, to allow time to
review the other quotes.
Wyckoff asked if the bid prices were close. Hansen stated the bids ranged from $23,000 to $30,000.
Wyckoff called for a second. A second was not received. Without a second, this motion was not
considered.
Williams stated this is a quality company and a quality sweeper. Hansen listed the three manufactures
and products staff tested, and this sweeper was recommended as the best product. Nawrocki stated it is
not whether it is the best product, but in the City's best interest.
City Council Minutes
February 24, 2003
Page 4 of 7
Leonard Dearing, 3411 Jefferson, asked what the sweeper would it be used for. Hansen again stated
Central Avenue, other sidewalks, trails and possibly small parking lots. Code requirements were
discussed. Wyckoff referred to the bus shelters and the need to keep them clean.
Ericson asked what would happen to the State Aid Maintenance funds if they were not used for this item.
Bill Elrite, Finance Director, stated that unused funds would go into the State Aid fund balance.
Dick Dustin, 1708 39th Avenue, asked about the sweeper used to remove snow. Hansen indicated that the
MT Trackless only pushes snow off the sidewalk and this unit would pick up dirt. Dustin questioned
sweeping other sidewalks. Hansen stated the current plan is for Central Avenue, and if the 40th Avenue
corridor was replaced it would be addressed then. Wyckoff asked if this would pick up the droppings
around LaBelle Pond. Hansen indicated it would. Fehst stated the prime reason for this purchase was to
fulfill the agreement on the Central Avenue project. He referred to the amount contributed by Central
Avenue property owners through special assessments. Ericson added that all residents would benefit
because taking care of Central Avenue would improve our City. Fehst stated we do street sweeping
throughout the City several times a year, and do the downtown area more often to keep the area clean
and respectable. Ericson indicated concern about the current budget situation, but stated that if we want
to keep our City progressing we cannot stop moving forward, and asked if this is still a good thing to
spend our money on. Fehst stated this is a business commitment and it would not be right to back out
now. Nawrocki questioned if we were audited how we would respond to use of this equipment on non-
stated aid trails. Hansen stated the requirement is not for exclusive use.
MOTION by Williams, second by Kelzenberg, to approve the purchase of one new Tennant 6400
Power Sweeper, from Tennant Company, Minneapolis, MN at the 2002 Minnesota State Contract Price
of $21,531, plus trade-in and sales tax. Funding shall be from the City State-Aid Maintenance Account.
Nawrocki stated he could not vote for the motion without having more information on the competitive
bid prices.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -1 nay.
Motion carried.
¢)
Other Business
Adopt Resolution 2003-07, being a Resolution Accepting The Feasibility Report For Zone 6b Street
Rehabilitation And Ordering The Public Improvement Hearing
Hansen asked Council to accept the feasibility report as submitted and set the public improvement
hearing date. He stated that this is the older part of town, and the zone was changed to 6a and 6b, with
6b including additional areas. The analysis of the street and utilities indicated the necessity for full
reconstruction. Manholes are oM and have access issues; storm sewers wouM only require a few
replacements and line extensions, and the water mains need replacement as they were constructed
around 1913. Issues to consider tonight are that the scope and size of the project is more than what has
been planned for on an annual basis, so staff recommended removing a two block section of 7th Street,
with plans to incorporate them into next year's project: An informational meeting would be set forth
March 13 and residents would be invited The public hearing was recommended for March 17 , but
could be held at 6:00p. m., prior to the work session or March 19th at 7p.m.
Fehst asked if the City would save money by delaying the project for a year or two. Hansen stated the
infrastructure account is funded with a portion of the State Aid account, and to receive funds you must
have a project.
City Council Minutes
February 24, 2003
Page 5 of 7
· · · th
Wyckoff asked what eventng was preferred. Wilhamspreferred Monday, March 17 at 6:O0 p. m.
Nawrocki stated he would be available on March 19t~ but may still be out of town on March 17th.
Hansen recommended moving improvements of 7th Street to next year. Wyckoff questioned the condition
of 7th Street. Hansen stated it is in poor shape, but was considered for delay because it does not require
water main reconstruction. It is necessary to remove approximately $100, O00 from the bid.
Nawrocki suggested looking again to see if all of these streets need complete reconstruction. He stated
the estimate charge per parcel would be $2,580 and questioned avenue charges. Hansen stated there
would be very few avenue charges. Nawrocki asked for specific addresses that would be charged an
avenue charge. Hansen did not have the information at hand and stated this would be reviewed at the
hearing. Nawrocki questioned the water service replacement charge. Hansen stated last year it was
$1,000.
Motion by Williams, second by Ericson, to waive the reading of Resolution No. 2003-07, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2003-07, being a Resolution
accepting the Feasibility Report for Zone 6B Street Rehabilitation and establishing the Public
Improvement Hearing for March 17, 2003 at 6 p.m. and delay the full reconstruction on 7th Street until
2004 to reduce stress on the infrastructure fund. Upon vote: All ayes. Motion carried.
Hansen stated that specific properties and charges would be shown at the time of the improvement
hearing·
RESOLUTION NO. 2003-07
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC
IMPROVEMENT HEARING FOR ZONE 6B 2003 STREET REHABILITATION IMPROVEMENTS
WITH FULL RECONSTRUCTION
WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven
zones and
WHEREAS, staff has been preparing preliminary plans and developing the Feasibility Report(s) for Zone 6B of
the Annual Street Rehabilitation Program. (Streets included in Zone 6B are located from Washington Street to
Monroe Street, 40th Avenue to 42nd Avenue, and Quincy Street to Van Buren Street, 40th Avenue to 41~t Avenue.)
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA that a Public Hearing shall be held on such proposed improvements on the 17th day of March,
2003 p.m. in the Council Chambers located at 590 40th Avenue NE, at 6:00 p.m., and the City Manager shall give
mailed and published notice of such hearing and improvement as required by law.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst indicated discussions with Fire Chief Charlie Thompson regarding local nightclubs and
prohibition of pyrotechnics inside of buildings, in light of other recent tragedies. This information has
now been forwarded to local nightclubs and bars.
State Senator Chaudhary and State Representative Goodwin were at our library on Saturday, February
22nfl with 50 citizens in attendance, speaking on upcoming cuts to local aid and the State budget. Fehst
referred to misrepresentations regarding municipal budget cuts. He indicated the stated
recommendation would not allow any type of tax increase or referendum to allow such, and would allow
a reverse referendum by citizens. Fehst referred to HACAfunds lost two years ago. He stated that we
City Council Minutes
February 24, 2003
Page 6 of 7
had anticipated about $350,000 in cuts, but will be cut by twice that amount this year and four times
that amount next year. Fehst agreed that the old formula needed to be looked at, but we will not be able
to handle this next year. Fehst stated that he has had discussions with other cities regarding establishing
joint powers agreements, for example combining positions as the Fridley Fire Chief position is open, but
they intend to fill the position. He approached St. Anthony regarding sharing Public Works services, but
they are building a new public works garage. We currently share a building inspector with New
Brighton. Fehst has met with department heads and will meet with employees regarding budget
reduction. He stated that public safety is 43 percent of our budget and wouM be reviewed, as will every
department. Another option may be voluntary furloughs. He indicated that the only real way to save
money is through capital improvement costs and services. Fehst stated that every job opening is being
reviewed. He has been to the League of MN Cities and agrees with their approach to address the
legislature. Fehst stated that he is looking to protect the interests of the City, and hopes to have
information gathered by March 13th for Council review.
Wyckoff commended the City Manager on his response to this issue and for lobbying for our City.
Wyckoff stated that 28 employees responded to a survey asking for budget reduction ideas. A committee
will be formed to see if any of the ideas can be implemented.
Nawrocki asked to be advised when any travel would be authorized outside of the seven county metro
area. Fehst stated he would report back on this.
Report of the City Attorney
Wyckoff questioned if there was any thing new regarding the challenge of the newspaper ordinance.
Hoefi indicated there was not.
CITIZENS FORUM
Dick Dustin, 1708 39th Avenue, questioned reducing the Public Works Department work force and
suggested eliminating the Public Works Superintendent and reducing the Administrative Assistant to half
time. Wyckoff stated that every job in the City is being reviewed
Dolores Strand, 1145 Polk Place, thanked the City Council for the donation to the Sister Cities visitor's
fund. She will work with the Mayor or the Manager on the invitation list.
COUNCIL CORNER
Nawrocki
Read an anonymous letter he received and stated he felt blessed with his life; and regarding
improving our City, indicated he would be proud to match his record of involvement with anyone
else. Referred to the severity of budget cuts and that suggested reductions should have been
presented months ago.
Motion by Nawrocki to reduce the traveling budgets by one-half. Wyckoff called for a second. A second
was not received. Without a second, this motion was not considered.
· Questioned SACCC meeting. Fehst stated Barb Warren is the executive Director, and the Values
First program is administered under this group.
Fehst referred to job reductions in 1982 when the budget was under pressure and the job
restructuring completed as a result of this. Wyckoff stated there would soon be another resignation
in the Police Department. Fehst stated he would not fill any positions, as he would not want to lay
off any one newly hired.
City Council Minutes
February 24, 2003
Page 7 of 7
Ericson
· The Rising to New Heights group is working hard on the Housing Fair and still has room for a few
contractors, or anyone wishing to volunteer. The event is April 6TM at the High School.
Williams
· The Th-City Hockey event was a tremendous success and raised close to $10,000.
· Assured residents that we are working hard to "make ends meet". Meetings are being held to plan for
improvements to our City. The City is moving forward, including the K-Mart site. Wyckoffreferred
to a proposal to develop the K-Mart site beginning with private development requiring no City
funds. Fehst referred to the closing of NEI, and his intent to meet with Board members to discuss the
future of this site.
Kelzenberg · The Tri City Hockey event had excellent food.
· The budget outlook is dismal, but we can survive if we work together. We have a lot going for our
City, and we will be better in a few years.
· The Police and Fire Appreciation event is Friday, March 7th from 8:00 p.m. to 10:30 p.m. Everyone
is invited.
· Kelzenberg congratulated Nawrocki on his 50 years of marriage.
Wyckoff
· On Wednesday, February 26th the SACA Food Shelf will host a spaghetti dinner.
· The Third Annual Taste of Heights will be April 23rd, with one-quarter of the ticket proceeds
donated to SACA.
· Referred to the monthly statistical report received from SACA. She encouraged everyone to attend
the spaghetti dinner to leam more about SACA and to visit their facility. It is important to make sure
our families are fed and kept warm.
ADJOURNMENT
Wyckoff adjourned the meeting at 8:48 p.m.
Patricia Muscovitz, Deputy City Clerk
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
MARCH 4, 2003
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson, Tom Ramsdell.
Roll Call: Commission Members present-Yehle, Schmitt, Baker, Peterson, and Ramsdell.
The Commission welcomed new Commission Member Phillip Baker.
Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council
Liaison).
Motion by Yehle, second by Schmitt, to approve the minutes from the meeting of February 4, 2003. All
ayes. MOTION PASSED.
PUBLIC HEARINGS
Case 2003-0304
Ace Hardware (Frattalone's)
2261 37th Avenue NE
Conditional Use Permit
Frattallone's Ace Hardware is requesting a Conditional Use Permit to allow for the placement of a tent
measuring 21 x 48 feet for the display and sale of green and flowering plants from April 15 through July
15, 2003. The display is to be located on the southeast side of the parking lot at 2261 37th Ave NE.
Approximately seven (7) parking spaces will be used for tent sales in the parking lot of the Ace
Hardware store.
The subject parcel is zoned GB, General Business as are the properties to the south, east, and west. The
zoning to the north of the subject parcel is zoned R-3, Multiple Family Residential, and is used for
multi-family residential purposes. The area east across McKinley Street is zoned both GB, General
Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel
within Columbia Heights is used as open space by the Lion's Club and is zoned GB, General Business.
The proposed use will continue to be consistent with the character of the surrounding property and will
continue to provide quality seasonal plants for area residents.
The principal uses of the subject parcel are pre-existing and comply with zoning regulations. Existing
parking exceeds zoning requirements, and the property will still meet minimum parking requirements
after the placement of the tent over seven parking spaces. The operation should not have any effect on
vehicular access for the site, as the adjacent parking lot aisle will not be blocked in any way. According
to Section 9.607 1)e of the Zoning Ordinance, temporary uses and structures are allowed as a
Conditional Use. The proposal is consistent with zoning regulations.
Planner Johnson reported that the Fire Department has reviewed the proposal and has no concerns
regarding it.
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
MARCH 4, 2003
The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan.
Similar type uses have operated successfully for each of the past ten years on a seasonal basis.
Therefore, staffrecommends approval of the Conditional Use Permit provided a $500 deposit is
submitted to the License/Permit Clerk prior to the display of the tent on the site to ensure removal at the
end of the approved time period.
Yehle asked whether there have ever been any complaints about this structure in the past. Staff reported
that to their knowledge, there have never been any concerns expressed over this type of seasonal display.
Peterson felt these types of cases which are reviewed annually, should be able to be handled
administratively by staff and not have to come to the Commission each year for approval. Planner
Johnson will speak to the City Attorney to see if it would require a change in our Zoning Ordinance, or
if there are any other options available to have staff approve these requests. He will report back to the
Commission in April.
Motion by Yehle, seconded by Peterson, to recommend City Council approval of the Conditional Use
Permit to allow the placement ora 21 x 48foot tent for the display and sale of green and flowering
plants from April 15, through July 15, 2003, for Ace Hardware at 2261 37th Avenue NE subject to the
following condition: A $500 deposit shall be submitted to the License/Permit Clerk prior to display of
green and flowering plants on the lot. All Ayes. MOTION PASSED.
Case 2003-0305
City of Columbia Heights
California Street NE
Partial Vacation, Ordinance #1453
This is a request from the City of Columbia Heights to vacate a portion of California Street right-of-way
adjacent to the property at 3929 California Street NE.
A section of California Street NE, measuring 293 feet by 15 feet was vacated in the 1970's adjacent to
the industrial parcel at 3905 California Street NE, and is currently used as off-street parking.
The surrounding property to the south, west, and east is zoned industrial. The property to the north is
the City of Fridley.
Planner Johnson explained that in anticipation of future site plan review for a new industrial building to
be built at 3929 California Street NE, the City has proposed to vacate a portion of California Street NE
The vacation of 30 feet by 217.6 feet (6,528 square feet) is necessary in order to allow for a furore
building on the site to be placed farther to the west, so as to provide a reasonable setback from the
adjacent alley and residential properties to the east. Assuming vacation of the 30 foot section of right-of-
way, the proposed new building site would be approximately 47,180 square feet.
The proposed vacation is described as: The easterly 30feet of the north 217. 6feet of California Street
NE, found within the recorded plat of Columbia Heights Annex, Anoka County, Minnesota, abutting lots
25-30, Block 73; and lying north of 39th Avenue and lying northerly of the existing cul-de-sac on
California Street NE.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
MARCH 4, 2003
The City of Columbia Heights has been working with Glenn Stauffacher, the potential new owner of the
property to design a site plan that will meet City requirements and blend in consistently with the area.
The site plan should be ready for review by the Planning Commission in April 2003. However, a
vacation of fight-of-way requires a Public Hearing by the Planning Commission, two readings of the
Ordinance by the City Council, and is not official until 30 days at%r the date of the second reading. The
vacation 'would coincide with the other portion that was previously vacated, and will not affect the
existing cul-de-sac, which will remain. The City will require a permanent street and utility easement be
established so as to allow for continued maintenance of the streets and for utilities purposes. Staffhas
spoken about the vacation issue with Public Works Director Kevin Hansen, who has recommended
maintaining a ten-foot easement around a portion of the existing cul-de-sac and platted fight-of-way.
Planner Johnson stated this piece of property being vacated would be sold to Mr. Stauffacher along with
the adjoining site and is needed to allow the new building to fit on the site and meet setbacks. The piece
being considered for vacation is currently used as open, green space. It will remain as green space as it
will be in the setback area of the new development. Planner Johnson also explained that if the entire
street were vacated, ½ would go to Burlington Northern. By vacating just ½, we retain the other ½ of
the street for access, maintenance, and snow removal.
The 2001 City Comprehensive Plan designates the adjacent property for future industrial use. The
proposed vacation of this portion of California Street NE will help to create a consistent and more
functional industrial property for furore development. The City has not received any objections to this
vacation from affected property owners. No private rights will be injured or endangered as a result of
the vacation, and the public will not suffer loss or inconvenience as a result of the vacation.
Therefore, staff recommends approval to vacate a portion of Califomia Street described in Ordinance
#1453.
Motion by Ramsdell, seconded by Baker, to recommend City Council approval of Ordinance #1453. All
ayes. MOTION PASSED.
NEW BUSINESS
None.
MISCELLANEOUS
No further items.
Baker asked about whether plans were being considered for the 40th and Tyler St area. Planner Johnson
said there has been some talk about re-developing the block with new residential units, but that it is not
City initiated. Developers have looked at the parcels, but no formal plans have been submitted to date.
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
MARCH 4, 2003
Motion by Yehle, seconded by Schmitt, to adjourn the meeting at 7:25 pm. All Ayes.
Respectfully submitted,
Shelley Hanson
Secretary
CITY COUNCIL LETTER
Meeting off March 10, 2003
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: ~'/~- ~ Community Development APPROVAL
ITEM: Conditional Use Permit BY: Tim Johnson l'J- BY: ~j~
NO: Case #2003-0304, 2261 37th Avenue NE DATE: March 5, 2003
Issue Statement:
Ace Hardware is requesting approval of a Conditional Use Permit to allow the operation of a temporary tent
(Flower Mart) for the display and sale of green and flowering plants in the southeast side of the parking lot at
2261 37th Avenue NE, from April 15, 2003 through July 15, 2003.
Background:
This will be the tenth year that Ace Hardware will operate their greenhouse in Columbia Heights.
Analysis:
Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The
attached site plan illustrates the configuration of the flower tent. This site plan and configuration remains
unchanged from previous years. The greenhouse structure will be the same as last year with both exits remaining
open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all
smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with General
Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be
maintained after placement of the accessory structure over this portion of the parking lot. It should be noted that
the Fire Department has reviewed the proposal and has expressed no concerns.
Recommendation:
The Planning and Zoning Commission held a Public Heating for the request on March 4, 2003. They voted
unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition
listed in the recommended motion.
Recommended Motion:
Move 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.
Attachments: Staff Report; Site plan;
COUNCIL ACTION:
Case: 2003-0304
Page I
Case #:
2003-0304
STAFF REPORT TO THE PL.4aNNING AND ZONING COMMISSION
FOR THE ,MARCH 4, 2003 PUBLIC FI~ARING
Owner: Larry Frattallone '
Address: Arden Hills, MN
Phone: (65 i) 48~-3327
Parcel Address: 2261 37* Ave. NE
Zoning: GB - General Business District
Comprehensive Plan: C - Commercial
GENERAL INFORMATION
Applicant:
Ace Hardware
2261 37* Ave. NE
Columbia Heights
(763) 788-9455
Surrounding Zoning
and Land Uses:
Zoning
North: R-3
South: GB
East.' GB & LB
West: GB
Land Use
North: Multi-family residential
South: Vacant
East: Commercial
F/est: Commercial
BACKGROUND
Explanation of Request:
Frattallone's Ace Hardware is requesting a Conditional Use Permit to allow for the placement of a tent
measuring 21 x 48 feet for the display and sale of green and flowering plants fi.om April 15 through July
15, 2003. The display is to be located on the southeast side of the parking lot at 2261 37~ Ave NE.
Approximately seven (7) parking spaces will be used for tent sales in the parking lot of the Ace Hardware
store.
Case History:
Frattallone's Ace Hardware has operated seasonal greenhouses on this property for the last I0 years..
ANALYSIS
Surrounding Propertw
GB General Business is the existing zoning on the subject parcel and on property to the south, east, and
west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Residential, and is used
for multi-family residential purposes. The area east across McKinley Street is zoned both GB, General
Case: 2003-0304
Page 2
Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel within
Columbia Heights is used as open space by the Lion's Club and is zoned GB, General Business. The
proposed use will continue to be consistent with the character of the surrounding property and will
continue to provide quality seasonal plants for area residents.
Technical Review:
.~/' The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing
parking exceeds zoning requirements, and the property will stilI meet minimum parking requirements after
the placement of the tent over seven parking spaces. The operation should not have any effect on vehicular
access for the site,' as the adjacent parking lot aisle will not be blocked in any way. According to Section
9.607 1)e of the Zoning Ordinance, temporary uses and structures are allowed as a Conditional Use. The
proposal is consistent with zoning regulations.
~ Please note that the Fire Depa~a,ent has reviewed the proposal and has no concerns regarding it.
Compliance with City Comprehensive Plan:
The Land Use Plan Map designates this area of Columbia Heights for future commemial activity, including
retail sales, offices, and service businesses. The proposal is consistent with the intent of the City
Comprehensive Plan.
Summa~ :
The positive aspects of this petition are as follows:
1. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan.
Similar type uses have operated successfully for each of the past ten years on a seasonal basis.
CONCLUSION
~/ Staff Recommendation:
Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the
License/Permit Clerk prior to the display of the tent on the site to ensure removal at the end of the
approved time period.
Recommended Motion:
Move to recommend City Council approval of 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 fi.om April 15, through .]'uly 15, 2003, for
Ace Hardware at 2261 37~ Avenue NE subject to the following condition:
I. A $500 deposit shall be submitted to the License/Permit Clerk prior to display of green and
flowering plants on the lot.
Attachments: Site Plan; Site Map; Narrative; and Pu.blic Notice
1, I
CITY COUNCIL LETTER
Meeting of: March 10, 2003
AGENDA SECTION: -'" A ~ ORIGINATING DEPT.: CITY MANAGER
NO: ~ License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson ~. DATE:
NO: DATE: March 7, 2003
BACKGROUND/ANALYSIS
Attached is the business license agenda for the March 10, 2003 City Council meeting. This agenda
consists of applications for various Contractor Licenses for 2003.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for March 10, 2003 as presented.
COUNCIL ACTION:
TO CITY COUNCIL March 10, 2003
*Signed Waiver Form Accompanied Application
2003 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
BLDG
*Northem Heating & AC [nc 9431 Alpine Dr NW, Ramsey
*Team Mechanical 3560 Snelling Ave, Mpls
*Summit Fire Protection 7301 Apollo Court, Lino Lks
*S & S Tree 405 Hardman Ave, So St Paul
$50.00
$50.00
$5O.00
$50.00
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: ~ [0~ ~00 3
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number [ 09_/~/~ through .! 0~L~-~
in the amount of$ t'/Y~I4;t4'~'. ~-
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
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CITY COUNCIL LETTER
Meeting of March 10, 2003
AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
SECTION: ~0{~ Fire APPROVAL
NO:
ITEM: Close Hearing BY: Charlie Thompson
Rental License Revocation
DATE: March 5, 2003 DATE:
NO:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
James Clobes regarding rental property at 46304632 Washington Street N.E. for failure to meet the requirements
of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of
March 10, 2003.
The public hearing on this property may now be closed in that the owner has brought the property/building into
compliance with the Residential Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the
Rental License Held by James Clobes Regarding Rental Property at 4630-4632 Washington Street N.E. in that
the Property complies with the Residential Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
MEETING OF: MARCH 10, 2003
AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER
NO: q f~ I F1NANCE APPROVAL
NO:
DAT~.' M3rR-CH 6, 2003
The need for bonding for city projects was discussed at the January 21st council work session
with representatives from Ehlers & Associates being present. This was reviewed and more
information was provided at the March 3rd work session. At that work session questions were
raised in relationship to the city's total outstanding debt at this time, why we are recommending
competitive negotiated bond sales versus formal bids, and why we are including a preliminary
dollar amount slightly higher for the bond sale than what we anticipate the final amount will be.
In response to these questions I have attached a list of the city's outstanding debt, which in
essence is the 1990 tax increment finance bond refinancing and the 1999 special assessments and
utility bonds. For a city our size and in comparison to other cities, Columbia Heights has a very
small amount of outstanding bonded debt. Even with the new $3.9 bond issue, our debt will still
be very low for the size of our city.
At the council meeting on March l0th representatives from Ehlers & Associates, the city's
financial advisory firm, will be available to answer questions along with the city's bond council
attorney. In general, doing a competitive negotiated bond sale versus formal bids saves money
because the advertising requirements for formal bids do not have to be met. Yet, at the same
time, on an informal basis, bids are sought from several entities to make it a competitive market.
In regards to the amount of the bond sale, it is customary to start with a preliminary amount that
is slightly higher than the final anticipated amount to allow for any minor corrections, the
potential need for capitalized interest if interest rates should fluctuate, and other minor items of
this nature. Again, a representative from Ehlers & Associates will be available at the meeting to
explain this in more depth.
RECOMMENDED MOTION: Move to waive reading of the Ordinance No. 1455 there being
ample copies available to the public.
RECOMMENDED MOTION: Move 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.
WE:sms
o3o3o61 COUNCIL
Attachments
COUNCIL ACTION:
City of Columbia Heights, MN
2003 Improvement Bonds Project Summary
Revised with changes to zone 6B
To Be Handed out at meeting
Revenue Sources
State Funds Special Total Bond
Pr. oject ProJect cost (No Bonds) Assessments Utility Funds Revenues Assment Term
Zone 5
Full Reconstruction 448,295 224,148 224,172 - 224,172 15 years/2001
Partial Reconstruction 248,400 74,450 173,950 173,950 10 years/2001
Mill and Overlay 116,303 98,741 - 98,741 10 years/2001
Watermain (3) - (3) (3)
Storm Sewer 102,842 - 102,842 102,842 -
Total Zone 5 915,837 298,598 496,863 102,839 599,702
Z~ne 6A
Full Reconstruction 756,786 378.939 378.393 378.393 15 years/2002
Watermain 182,025 182,025 182,025
Storm Sewer 118.200 118.200 .1!8,200
Total Zone 6A 1,05770tl 378~939 378,393 ,300,225, 678,618
Central Avenue Improvements'2002 "
Streetscaping 807,339 445,719 365,470 365,470 10 years/2002
Watermain 421,893 84,663 337,793 422,456
Storm Sewer 277. ,274 140,274 137,000 1, .37,000
Total Central Avenue 1,506,506 585,993 ,450~133 474,793 924,926
Total committed
Projects through 2002 !p325~389 877,857 1~278~320
Zone 6B Estimated 2003
Full Reconstruction 896,600 359,530 537,070 537,070 15 years/2003
Watermain 225,000 225,000 225,000
Total Zone 6B 1,231,600 377~530 "579,t~70 275~000 854~.070
zone 7 Estimated 2004
Full Reconstruction 500,000 250,000 250,000 250,000 15 yea.rs/2004
Partial Reconstruction 150,000 45,000 105,000 105,000 10 years/2004
Mill and Overlay 150,000 22,500 127,500 127,500 10 years/2004
Watermain 225,000 225,000 225,000
Storm Sewer . 50,000 50~000 .50,000.
Total Zone 7 1~075~000 317,,500 482~500 275,000 757,500
Total Projects .... 2,386,959 1,.427,857 3,8!4,816
Less Special Assment
Prepays @ 25% (596,740)
Less 2002 Assessment
Collections
2003 Improvement Bond
Amount 1,790,219 1,427,857 3,218,076
ORDINANCE NO. 1455
ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY
$3,900,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
1. It is hereby determined that:
(a) the following assessable public improvements (the Improvements)
have been made, duly ordered or contracts let for the construction thereof, by the City
pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act);
Zone 5, Zone 6A, Zone 6B and Zone 7 Street Improvements; and
Central Avenue Improvements
(b) it is necessary and expedient to the sound financial management of
the affairs of the City to issue General Obligation Improvement Bonds Series 2003 (Bonds)
in a principal amount not to exceed $3,900,000 pursuant to the Act to provide financing for
the Improvements.
2. Ehlers & Associates is authorized to negotiate the sale of the Bonds in the maximum
principal amount specified in Section 1, in accordance with terms of proposal approved by the City
Finance Director. The City Council will meet on Monday, April 28, 2003 or such other date
specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds
and take any other appropriate action with respect to the Bonds.
o
its passage.
This ordinance shall be in full force and effect from and aRer thirty (30) days after
First Reading:
Second Reading:
Offered By:
Seconded By:
Roll Call:
Date of Passage:
Patficia Muscovitz, Deputy City Clerk
Attest:
Mayor Julienne Wyckoff
William Elrite, City Clerk-Treasurer
CITY COUNCIL LETTER
Meetinl~ of March 10, 2003
AGENDA SECTION: Ordinances ~ p~, ~ ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL;,
ITEM: Revision to Ordinance 853-3.203(7)Authorized BY: Thomas M. Johnson~
Citations by Community Service Officers DATE February 14, 2003 t~il~t ~ ·
NO
BACKGROUND:
Minnesota State Statute allows cities to pass an ordinance listing those violations that civilian
employees such as Community Service Officers may enforce. On April 28, 1988, the City of
Columbia Heights passed such an ordinance, #853-3.203(7). (See attached copy of ordinance).
Since the time of the writing of this ordinance, statutes and ordinances have been passed and
identified that the Police Department would like to have added to this list. (See attached copy
of additional ordinances and statutes the Police Department would like added).
ANALYSIS/CONCLUSION:
The Columbia Heights Police Department is suggesting that City Ordinance 853-3.203(7) be
amended to include the ordinances noted and highlighted in the attached amended ordinance.
RECOMMENDED MOTION: Move to waive the reading of ordinance No. 1454, there
being ample copies available for the public.
Motion: Move to set the second reading of Ordinance No. 1454, being an 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, at approximately 7:00 p.m. in the City Council chambers.
TMJ:mld
03-024
Attachments
COUNCIL ACTION:
ORDINANCE NO. 1454
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO AUTHORIZATION OF PERSONS OTHER THAN
PEACE OFFICERS TO ISSUE TAGS FOR CERTAIN VIOLATIONS OF LAW
The City of Columbia Heights does ordain:
Section 1:
3.203(7)
Ord. 1160
eff. 4-28-88
Section 3.203(7) of the City Code of 1977, passed June 21, 1977, which is currently reserved
shall hereafter read as follows, to wit:
Persons hired as community service officers in the police department are authorized to issue a
citation in lieu of arrest or continued detention to persons violating the following sentence of
this Code, to wit:
(a) {}7.202(2)
(b) {}7.202(3)
(c) {}7.202(4)
(d) {}7.202(5)
(e) {}7.202(6)
(0
(g) {}7.202(9)
(h) {}7.203(1)
(i) §7.205(1)
(j) {}7.205(2)
(k) §7.205(3)
(1) {}7.205(4)
(m) {}7.205(7)
(n) {}7.205(11)
(o) {}7.205(12)
(p) §7.205(13)
(q) {}7.205(14)
overtime parking in public parking areas
loading zones
bus stops and taxi stands
metered parking areas
boulevard parking
{}7.202(6)(c)(iii) violation of a boulevard parking permit
handicap parking
temporary or emergency no parking (parades, inc.)
six hour maximum parking
parking in a traffic lane or in an alley
abandoned vehicle
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 3 ½ inches or more of snow on the street
(0
(s)
~)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
Ob)
(cc)
(dd)
§7.401(1)
§7.402(2)
§7.402(3)
Chapter 8,
§8.203(3)
§8.204(2)
§7.401(3)
§~o,2ov1)
§10.201(12)
bicycle registration
bicycle lights and reflectors
miscellaneous bicycle violations
Article 1, Sections 1 through 8, Animal Violations
unauthorized signs m the public right-of-way
junk vehicles
bicycle impound
parking in a park 11 p.m. to 6 a.m.
pets on leash when in City park
Minn. Statute § 169.34 miscellaneous parking violations
Minn. Statute § 169.346 handicap parking
Minn. Statute §169.34 parallel curb parking
Minn. Statute § 169.222 operation of bicycles
is hereby amended to read as follows:
3.203(7) Persons hired as community service officers in the police department are authorized to issue a
citation in lieu of arrest or continued detention to persons violating the following sentence of this
Code, to wit:
(a) §7.202(2)
(b) §7.202(3)
(c) §7.202(4)
(d) §7.202(5)
(e) §7.202(6)
(f)
(g) §7.202(9)
(h) §7.203(1)
(i) §7.205(1)
(j) §7.205(2)
overtime parking in public parking areas
loading zones
bus stops and taxi stands
metered parking areas
boulevard parking
§7.202(6)(c)(iii)violation of a boulevard parking permit
handicap parking
temporary or emergency no parking (parades, inc.)
six hour maximum parking
parking in a traffic lane or in an alley
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
(bb)
(cc)
(dd)
{}7.205(3)
§7.205(4)
{}7.205(7)
{}7.205(11)
§7.205(12)
§7.205(13)
{}7.205(14)
§7.401(1)
{}7.402(2)
§7.402(3)
Chapter 8,
{}8.203(3)
§8.204(2)
§7.401(3)
§10,201(1)
{}10.201 12)
abandoned vehicle
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 3 ½ inches or more of snow on the street
bicycle registration
bicycle lights and reflectors
miscellaneous bicycle violations
Article 1, Sections 1 through 8, Animal Violations
unauthorized signs in the public right-of-way
junk vehicles
bicycle impound
parking in a park 11 p.m. to 6 a.m.
pets on leash when in City park
Minn. Statute § 169.34 miscellaneous parking violations
Minn, Statute § 169.346 handicap parking
Minn. Statute {} 169.34 parallel curb parking
Minn. Statute §169.222 operation of bicycles
(fO
(gg) l~i~, S ~,lty
6i)
(J J)
(kk) Minn. Statute §168.09 liCense plates
(mm) Minn. Statute §169.35(!) Parked more than 12 inches bom curb
(nn) Parked'over weight 15,000 lbs. 853-7.204
(oo) ~8~30
(pp) NOise and odors (8.203(t0)
(qq) Outside storage of s 5A.207(1)(F)
(rr) Toomany s (no ) 9.103 04)
(ss) Minn. Statute §I69.041 Tow authority
(tt) ,: .30~(.1)fo)
(uu) · fire lane or 7.30
(w) sno
(ww) l~linn. Statute § 169.35 Parked wrong side of street
This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First reading:
Second reading:
Date of passage:
March 10, 2003
Offered by:
Seconded by:
Roll Call:
Mayor Julienne Wyckoff
Patricia Muscovitz, Council Secretary
CITY COUNCIL LETTER
Meeting of March 10, 2003
AGENDA SECTION: Consent q ~ ~ ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Resolution 2003-06 establishing penalties for BY: ThomasFebruaryM. Johnson'~k, ) BY:
administrative offenses DATE 18, 20~ - DATE:
NO.
BACKGROUND
On October 13, 1997, the City of Columbia Heights City Council created the local enforcement of
administrative offenses. (See attached copy of City Ordinance Section 8, Chapter 3). The ordinance
allows the City Council to set penalties for any violation of the City of Columbia Heights City Code
and for these penalties to be paid by the administrative tag system currently being used by the City.
In order to enhance the amount of revenue coming into the City, the Police Department would like to
add the violations and penalties listed on the attached resolution to those penalties that have been
previously set by the Council.
ANALYSIS/CONCLUSION
The Police Department would like the City Council to approve the attached resolution setting the
penalties for the violations listed and allowing these violations to be written on administrative tags,
thus allowing the funds to go directly into the General Fund. The Police Department has reviewed the
current fines charges by the county for the offenses listed. We have suggested fines we feel should be
adopted for the administrative tag. For those offenses where there is not a matching state statute, the
fine is not listed and is set by a judge.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample
copies available for the public.
Move 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.
TMJ:mld
03 -025
Attachment
COUNCIL ACTION:
RESOLUTION NO. 2003-06
BEING A RESOLUTION ESTABLISHING PENALTIES FOR ADMINISTRATWE 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:
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 1/2 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 right of way
Bicycle impound
Parking in a park 11 p.m. to 6 a.m.
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
$25
8.203(3) $50 $20
7.401(3) $20 $20
10.201(1) $27 $25
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 rules
Turning and starting
Failure to yield
Vehicle equipment and safety
Attachment
03-025
Passed this
Offered by:
Seconded by:
Roll call:
day of March, 2003
Patricia Muscovitz, Deputy City Clerk
STATE
CHAPTER/ PAYABLES
STATUTE LIST
10.201 (12) Not listed
169.32-169.34 inclusive $27
10.313
346.57(1)
343
609.675
Not listed
Not listed
Not listed
Not listed
Not listed
Not listed
Not listed
$210
$20
Not listed
$25
$700
Not listed
Not listed
Not listed
Not listed
$27
$40-50
$40
$30-$100
$50
$50
$50
$50
$20-$50
115A.916
168.03
168.09
873-5A.207(b)(i)
169.35(1)
853.7.204
8.301(7)
8.203(10)
5A.207(1)(F)
9.103(34)
169.35
169.14
169.37
169.69
169.06
169.18
169.19
169.201
169.46-169.65
inclusive
Mayor Julienne Wyckoff
PENALTY
$20
$25
$5O
$75
$100
$25
$50
$25
$50
$35
$25
$25
$25
$100
$25
$75
$50
$75
$25
$35
$25
$5O
$30
$3O
$30
$30
$35
ORD]~..ANCE NO. 1358
BEING AN ORDINANCE CREATING A NEW SECTION 8, CHAPTER 3, OF THE
COLUMBIA HEIGHTS CITY CODE WHICH CREATES THE LOCAL ENFORCEMENT
OF ADMINIS~~ (CODE) OFFENSES.
The City of Columbia Heights does ordain:
ADMINISTRATIVE OFFENSES
Subd, 1 DEFINrl'ION$: An adminisu'ative offense is a viohtion of any...S¢ctiorl of this code
when one performs an act prohibited or fails to act when such failure is thereby prohibited,
and/s subject to the nenalties set forth in this code and attached schedule.
Any person violating a section of this code sh~ be subject to the scheduled penalty, not to
exceed $100 for each offense.
Subd. 2 NQTICE: Any member of the Police Department and/or any other person employed
by the City_ with ~,lthority to enforce this code shall, upon determining that there hq ~en a
violation, notify_ the violator, or per$0n responsible for the violation, or in the case of a
veh,icular viohtion by attaching to said vehicle notice of the violation, said notice setting forth
the nature, date, t~e of the violation, the name of the official i~suing the notice and the
amount of the scheduled initial oenaltv, and where applicable, any charges relating thereto.
Subd. 3 PAYMENT: Once such notice is given, the ~rson responsible for the violation shall.
within seven (7) daYS of the time of issuance of the notice, pay ~11 satisfaction of the stated
violation scheduled to thc City Finance Department. Thc penally may be paid in person or
by mail and payment shall be admission of the violation.
Subd. ,l FAILURE TO PAY: Ifa violator fa.gls to pay the penalty imposed bv this section, the
matter may be processed as a code violation through the Anoka County Court system.
Subd. 5 DISPOSITION OF PENALTIES: Ail ~nalties collected shall be paid over to the
City Finance Department, The Finance Director or his desi~ee may receive negotiable
instruments in payment of_~nalties as a conditional payment and shall not be held accountable
therefor. Receipt shall be issued for cash payment.
Sub& 6 POWERS AND DUTIES OF FINANCE DIRECFOR: In addition to ail other duties
set forth in the code. the Finance Director may delegate and s{~pervise the wo..rk 9f City
employees implementing and administering this cha~ter. The Finance Director shall make and
have custody of all records necessary and shall keep proper accounts of the prge~ds
received.
Subd. 7 SCHEDULED PENALTIES: Penalties shall be imr~osed for violation of the
scheduled administrative offenses according to a schedule dud established and adopted from
time to time by Resolution of the City Council
This Ordinance shall be in full for~e and effect fi.om and af~ ~ (30) days after its passage.
O~ered b~. S tu rdevan t
Seconded by: Ruett lmann
Roll Call: A 11 a ye s
· Student, Council Secretary
/Ma¥o~osepg Sturdevmt
First Reading:
Second Reading:
Date of Passage:
Seotember 22. 1997
Oct~h.r lt; 1~97
0ctober 13~ 1997
CITY COUNCIL LETTER
Meeting of: March 10, 2003
AGENDA SECTION: Other Ordinances aBd Resolutions ORIGINATING DEPT.: CITY MANAGER
NO: ri/~[z[ Community Development APPROVAL
ITEM: Ordinance#1453, Partial vacation of California BY: Tim Johnson Ty- BY:~ .~~/~
Street NE DATE: March 5, 2003
NO:
Issue Statement:
A request from the City of Columbia Heights to vacate a portion of California Street right-of-way adjacent to the property at
3929 California Street NE.
Background:
The City Council recently removed the park designation from the property at 3929 California Street NE. During this time
staff has been working diligently to secure a sales and development agreement and acceptable site plan from Glenn
Stauffacher, the proposed new owner of the property at 3929 California Street NE.
Analysis/Conclusion:
In anticipation of site plan review for a proposed industrial building to be built at 3929 California Street NE, the City has
proposed to vacate a portion of California Street NE as described in Ordinance #1453. The vacation proposed is 30 feet by
217.6 feet (6,528 square feet). This vacation is necessary in order to provide a reasonable setback from the adjacent alley
and from the residential properties to the east, and to allow for a future building to meet all required setbacks, parking,
landscaping standards, etc. The new proposed owner of the property has several site plans that will work for the newly
created property, but wanted to wait on site plan review until vacation of the street was in process. The site plan review
should be heard by the Planning Commission in April 2003. Please note that Kevin Hansen, Public Works Director has
reviewed this partial street vacation and has requested that the City maintain a ten foot easement around the easterly radius
of the existing cul-de-sac for street and utilities purposes. By vacating only half of the platted right-of-way, the City would
still maintain a 30 foot access area up to 40t~ Avenue if necessary for street or utilities purposes. It should be noted that the
City has received no objections to this vacation from affected property owners.
Recommendation:
Staff recommends approval of Ordinance No. 1453, being an ordinance pertaining to vacation of a portion of California
Street NE.
Recommended Motion:
Move to waive the reading of Ordinance No. 1453, there being ample copies available to the public.
Move 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.
Attachments: Staff report; address and plat maps; Public notice; Ord PI 1453
COUNCIL ACTION:
Case: 2003-0305
Page: !
STAFF REPORT TO Tl:l¥. PLANNING AND ZONING COMMISSION
FOR THE MARCIt 4, 2003 PUBLIC I-IEARING
Case #: 2003-0305
GENERAL INFORMATION
Owner:
Address:
Phone:
Parcel Address:
City of Columbia Heights
Columbia Heights
590 40th Avenue NE
(763) 706-3600
California Street NE
Applicant:
City of Columbia
Heights
Surrounding Zoning
and Land Uses:
Zoning Land Use
North: City of Fridley North: Residential and open space
South: I-1 South: Industrial
East: I-1 East: Industrial and Residential
West: I-1 West: Industrial (RR)
BACKGROUND
Explanation of Request:
This is a request from the City of Columbia Heights to vacate a portion of California Street right-
of-way adjacent to the property at 3929 California Street NE.
Case Histo~_ :
A section of Califomia Street NE, measuring 293 feet by 15 feet was vacated in the 1970's
adjacent to the industrial parcel at 3905 California Street NE, and is currently used as off-street
parking.
ANALYSIS
Surrounding Property:
The surrounding property to the south, west, and east is zoned industrial. The property to the
north is the City of Fridley.
Technical Review:
In anticipation of future site plan review for a new industrial building to be built at 3929
California Street NE, the City has proposed to vacate a portion of California Street NE (refer to
maps attached). The vacation of 30 feet by 217.6 feet (6,528 square feet) is necessary in order to
Case: 2003-0305
Page: 2
allow for a future building on the site to be placed farther to the west, so as to provide a
reasonable setback from the adjacent alley and residential properties to the east. Assuming
vacation of the 30 foot section of right-of-way, the proposed new building site would be
approximately 47,180 square feet.
The proposed vacation is described below:
The easterly 30feet of the north 21Z 6feet of California Street NE, found within the recorded
plat of Columbia Heights Annex, Anoka County, Minnesota, abutting lots 25-30, Block 73; and
lying north of 39th Avenue and lying northerly of the existing cul-de-sac on California Street NE.
The City of Columbia Heights has been working with Glenn Stauffacher, the new owner of the
property to design a site plan that will meet City requirements and blend in consistently with the
area. The site plan should be ready for review by the Planning Commission in April 2003.
However, a vacation of right-of-way requires a Public Hearing by the Planning Commission, two
readings of the Ordinance by the City Council, and is not official until 30 days alter the date of
the second reading. Note that the vacation will not affect the existing cul-de-sac, which will
remain. The City will require a permanent street and utility easement be established so as to
allow for continued maintenance of the streets and for utilities purposes. Staff has spoken about
the vacation issue with Public Works Director Kevin Hansen, who has recommended to maintain
a ten-foot easement around a portion of the existing cul-de-sac and platted right-of-way.
Compliance with City Comprehensive Plan:
The 2001 City Comprehensive Plan designates the adjacent property for future industrial use.
The aspects of this proposal are as follows:
The proposed vacation of this portion of California Street NE will help to create a
consistent and more functional industrial property for future development.
· The City has received no objections to this vacation from affected property owners.
· No private fights will be injured or endangered as a result of the vacation.
· The public will not suffer loss or inconvenience as a result of the vacation.
CONCLUSION
Sta__ff Recommendation:
Staff recommends approval to vacate a portion of California Street described in Ordinance #1453
Recommended Motion:
Move to recommend City Council approval of Ordinance #1453.
Attachments:
Notice of Public Hearing; Ordinance # 1453; Plat map; Proposed vacation maps
F~Ofd :?uol:¢ L~rks FAX NO. ;765 ~ 3701 FEb, 27 L::~I~J 10:24AM P1
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CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Oar Website at: www. ci. cohtmbia-Jteigt, ts.,m.us
~otnas flamsdell, Chair
Ted Yahla
Oonna Scbmitt
Gary Pete~on
Phi/lip 8akar
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of
City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, March 4, 2003. The order of business is as follows:
NOTICE OF HEARING ON VACATION OF A PORTION OF CALIFORNIA STREET NE
The Planning Commission will hold a public hearing and consider vacating a portion of California Street
NE, in the Columbia Heights City Council Chambers, 590 40th Avenue NE, on March 4th, at
approximately 7:00 p.m. The proposed vacation is described below:
The easterly 30 feet of the north 317.6 feet of California Street NE, found within the recorded plat
of Columbia Heights Annex, Anoka County, Minnesota, abutting lots 23-30, Block 73; and lying north of
39th Avenue, abutting and lying northerly of the easterly vacated 15 feet of California Street NE.
Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may
contact Tim Johnson, City Planner, at 763-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
TJ
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 Council
Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.)
THE CiTY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
ORDINANCE NO. 1453
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977,
VACATING A PORTION OF CALIFORNIA STREET NE
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Height hereby vacates a portion of the public street over,
across, and under the following described property, to wit:
The easterly 30 feet of the north 217.6 feet of California Street found within the
recorded plat of Columbia Heights Annex, Anoka Cotmty, Minnesota, abutting
lots 25-30, Block 73; and lying north of 39th Avenue and lying northerly of the
existing cul-de-sac on California Street NE; excepting and reserving the
authority of any person, corporation or municipality owning or controlling electric
or telephone poles and lines, gas and sewer lines, or water pipes, mains and
hydrants, thereon or thereunder, to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace, remove or
otherwise attend thereto.
Section 3:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: March 10, 2003
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Julienne Wyckoff
Patricia Muscovitz, Deputy City Clerk