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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. O~ o~ ~--1 ~:) Oo OO Oo Oo OH .ur, J 0 H Oo ~:> 0 ~00~0~00~~00~0000000~0~00~00000~00~0~ 0~0~000~00~~00~0~0~0~00000~0~ Oo ~> C> 0 rom 0 Oo 0 ~4 m 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 132 3929 25 3905 Y 3~56 5950 5929 392! 3916 5905 39t 0 41t2 ,26.v 4104 4105 418 4-057 4054- 4045 4~ ,2~,~' 4058 4033 4029 4~ 4~8 ~OTH 150 t 60 ~928 5929 59 ! 9 39TH 4117 129.6' 129,6' 126.2' 125.0' 4051 125.0' 4045 4061 124.9' 4035 125.0' 4029 4021 4013 517[ 3f 4040 4041 AVE 212 18i I ~i 222;1 3948 ! 3940 3934 392 117.5' 392..5 39~5 5906 .,:;~,3 -' 2900 .4 7 .4 /4 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