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Home My WebLink AboutJune 9, 2003 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us ADMINISTRATION June 6, 2003 Mayor Julienne Wyckoff Councihnembers Robert.d. Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg City Manager Walter R. Fehst The 2003 Humanitarian of the Year Reception will be held at 6:00 p.m. on Monday, June 9, 2003 in Conference Room 1. The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, June 9, 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: Pastor Jardce Bomhoft, First 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.) e PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations B) Presentations 1) Dale Schuetz, Humanitarian of the Year 2) Values First 2003 Community Recognition Awards a) Business - Heights Theatre b) Individual - Vern Moore 3) Mpls Water Works (MWW) presentation on neW Membrane Filtration Plant by Adam Kramer, Director of Mpls Water Works 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 May 27, 2003 MOTION: Move to approve the minutes of the May 27, 2003 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the June 3, 2003 minutes of the Planning and Zoning Commission. MOTION: Move to accept the June 3, 2003 minutes of the Library Board of Trustees. THE CITY O~ COLUMBIA HEIGHTS DOES NOT DISCRIMINATE oN THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda June 9, 2003 Page 2 of 3 3) Establish a Work Session Meeting Date for Monday, June 16, 2003 MOTION: Move to establish a Work Session meeting date for Monday, June 16, 2003, beginning at 7:00 p.m. in Conference Room 1. 4) Establish a Hearing Date of June 30, 2003 for revocation or suspension of rental property license at 3823 Polk St, 4610-4612 Fillmore St, 5131 University Avenue and 5141 University Avenue. MOTION: Move to Establish a Heating Date of June 30, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 3823 Polk Street N.E. MOTION: Move to Establish a Heating Date of June 30, 2003 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Mohsen Dessouki at 4610-4612 Fillmore Street N.E. MOTION: License to Investment Move to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a Operate a Rental Property within the City of Columbia Heights against Lynde Company at 5131 University Avenue N.E. MOTION: Move to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a License to operate a Rental Property within the City of Columbia Heights against Lynde Investment Company at 5141 University Avenue N.E. 5) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 9, 2003 as presented. 6) 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 103640 through 103793 in the amount of $2,933,553.18. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4410 Central Avenue MOTION: Move to waive the reading of Resolution No. 2003-27, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2003-27, being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Sandy Rush regarding property at Regarding Rental Property at 4410 Central Avenue NE. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Resolution 2003-25, being a Resolution Adopting the Columbia Heights Industrial Park Master Redevelopment Plan. (Please bring the Industrial Redevelopment Plan distributed at the June 2nd work session). MOTION: Move to waive the reading of Resolution 2003-25, there being an ample amount of copies available to the public. City Council Agenda June 9, 2003 Page 3 of 3 MOTION: Move to Adopt Resolution 2003-25, being a Resolution Adopting the Columbia Heights Industrial Park Master Redevelopment Plan. 2) Adopt Emergency Ordinance No. 1457, being an Ordinance Repealing Emergency Ordinance No. 1449, and imposing a moratorium on the use of property identified in the Industrial Park Master Plan for the City of Columbia Heights. MOTION: Move to waive the reading of Emergency Ordinance #1457, there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance #1457, being an Ordinance repealing Emergency Ordinance No. 1449, and imposing a moratorium on the use of property identified in the Industrial Park Master Plan for the City of Columbia Heights. 3) First Reading of Ordinance 1458, adopting Local Regulation Powers MOTION: Move to waive the reading of Ordinance 1458, there being ample copies available to the public. MOTION: Move to set the second reading of the Ordinance 1458, being an Ordinance adopting Local Regulation Powers, for June 30, 2003, at approximately 7:00 p.m. in the Council Chambers. B) Bid Considerations 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 oppommity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 1) Request to remove tree from Ramsdell Park r- discussion 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL May 27, 2003 THESE MINUTE? .BEEN As Reverend Carlson was not present, there was no invocation given. The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, May 27, 2003, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER The meeting was called to order at 7:00 p.m. by Mayor Julienne Wyckoff. ROLL CALL Present: Mayor Wyckoff and Councilmembers Ericson, Kelzenberg, Nawrocki, and Williams. PLEDGE OF ALLEGIANCE APPOINTMENT OF SECRETARY PRO TEM Motion by Councilmember Nawrocki, seconded by Councilmember Williams to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Wyckoff asked under "Recognition" to add item about Don Jolly. PROCLAMATIONS~ PRESENTATIONS, RECOGNITIONS AND GUESTS There were no proclamations. Bruce Nawrocki presented a check to Kevin Hansen, Public Works Director, from VFW Post #230 in the amount of $3,725.13 for 26 patriotic street banners and 19 American flags for Central Avenue. Mr. Nawrocki also presented a $2,500 check to Firefighter John Larkin and Fire Chief Charlie Thompson to be used with a matching grant to pay for two defibrillators, and a $1,000 check to the City Manager to be forwarded to the Recreation Department for Jamboree fireworks. The Mayor thanked VFW Post #230 for all their contributions and mentioned the wonderful Memorial Day ceremony that was held on May 26th by the VFW. Police Officer Erik Johnston was officially sworn in by Police Chief Tom Johnson. Erik is a graduate of Blaine High School, and has received his Associate's Degree in Law Enforcement from North Hennepin Community College. Numerous family members were in attendance for Erik's official swearing in. Mayor Wyckoff acknowledged the recent death of former Councilmember/Council President Don Jolly. The Mayor also mentioned that Mr. Jolly was a former Public Works Superintendent. CONSENT AGENDA Motion by Councilmember Nawrocki, seconded by Councilmember Williams to accept the consent items as follows except for item 4 (regarding Resolution No. 2003-26), item 5 (regarding Resolution No. 2003-20), and item 6 (regarding Building Inspection Service Contract with the City of New Brighton). Motion passed unanimously. 1) Approve Ci_ty Council Meeting Minutes for May 5, 2003 special meeting and May 12 regular meeting. Motion was made to approve the minutes of the May 5, 2003, special City Council meeting and the May 12, 2003, regular City Council meeting as presented. City Council Minutes May 27, 2003 Page 2 of 8 2) Accept Boards and Commissions Meeting Minutes Motion was made to accept the March 18, 2003 minutes of the EDA; the April 24, 2003 minutes of the Charter Commission; the May 5, 2003 minutes of the Traffic Commission; the May 6, 2003 minutes of the Library Board of Trustees; the May 15, 2003 minutes of the Telecommunications Commission; and the May 14, 2003 minutes of the Human Services Commission. 3) Establish Work Session Meeting Date for June 2, 2003, City Hall Council Chambers, 7:00 p.m. Motion was made to establish a work session meeting date for Monday, June 2, 2003 beginning at 7:00 p.m., in the City Hall Council Chambers. (The Mayor stated that the six-hour parking ordinance, the industrial park, and the K-Mart project update will be discussed at this work session.) 4) Establish a Hearing Date of June 9, 2003 for revocation or suspension of rental property license at 4410 Central Avenue NE Motion was made to establish a hearing date of June 9, 2003 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Sandy Rush at 4410 Central Avenue N.E. 5) Approve Rental Housing License Applications Motion was made to approve the items listed for rental housing license applications for May 27, 2003. 6) Approve Business License Applications Motion was made to approve the items as listed on the business license agenda for May 27, 2003 as presented. 7) Approve Payment of Bills Motion was made to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 103440 through 103639 in the amount of $782,687.45. The following items were removed from consent and now voted on separately: Adopt Resolution No. 2003-26, being a Resolution changing the date of the second regular City Council Meeting in June 2003 to June 30, 200.3. Councilmember Williams asked to have this item pulled from the consent agenda. He stated that he had made plans to be out of town on the 30th, and just recently he learned about this change of council meeting date from June 23ra to June 30th' after he had made plans to be out of town. Therefore, he is opposed to changing the date of this meeting. NOTE: The reason for changing the date of this council meeting is so the seven visiting dignitaries from Lomianki, Poland, can attend one of our council meetings while they are in the United States. Motion by Councilmember Ericson, seconded by Councilmember Williams to waive the reading of Resolution No. 2003-26, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Kelzenberg, seconded by Councilmember Williams, to adopt Resolution No. 2003- 26, being a Resolution changing the date of the City of Columbia Heights regular City Council Meeting in June 2003. Roll call vote: Ayes- Ericson, Kelzenberg, Nawrocki, Wyckoff; Nays: Williams. Motion passed. City Council Minutes May 27, 2003 Page 3 of 8 RESOLUTION NO. 2003-26 BEING A RESOLUTION CHANGING THE DA TE OF THE CITY OF COLUMBIA HEIGHTS SECOND REGULAR CITY COUNCIL MEETING IN JUNE 2003 WHEREAS: The City of Columbia Heights will welcome dignitaries from our Sister City, Lomianki, Poland during June of 2003, and; WHEREAS: The City of Columbia Heights will host a traditional American dinner for our visitors on June 30, 2003, and; WHEREAS: Our Sister City Committee has requested that the regular June 23rd City Council meeting be rescheduled to Monday, June 30, 2003 at 7:00 p.m. in the City Council Chambers to introduce our guests to our community, and; WHEREAS: Our invited guests have expressed interest in viewing a Columbia Heights City Council meeting in progress; and WHEREAS: The City Council has decided to resehedule a Council meeting for this purpose, and; WHEREAS: The second regular Council meeting in June, 2003 would heretofore have been scheduled for Monday, June 23, 2003, that it now be rescheduled to Monday, June 30, 2003. NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change with the traditional convening time of 7:00 p.m, in the City Hall Council Chamber. Adopt Resolution No. 2003-20, being a resolution adopting the 2003/2004 Sidewalk Maintenance Policy Background on this item: City staff prepared a new sidewalk maintenance policy based upon a model policy from the League of Minnesota Cities. The policy is intended only for the maintenance and preservation of existing sidewalks and does not address new sidewalk construction. The proposed policy uses the same set of review criteria, but would implement annual inspections and replacement/repairs concurrent with the existing Street Rehabilitation Program. The proposed policy adds the requirement that the walk be corrected in sixty days, or the City will make the corrections following special assessment procedures. Councilmember Nawrocki asked to have this item pulled from the consent agenda as he had some additional questions. He wanted to know if there would be a public hearing (yes). He asked the Public Works Director about the sidewalk inspection/review done in 1992. He inquired about the designated areas and how much time would be spent on a new survey. The Public Works Director felt about 12-20 hours would be needed to do a current survey, and it would be conducted by a current employee in Engineering. Motion by Councilmember Williams, seconded by Councilmember Kelzenberg, to waive the reading of Resolution 2003-20, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Kelzenberg, to adopt Resolution 2003-20, being a resolution adopting the 2003/2004 Sidewalk Maintenance Policy. Motion passed unanimously. RESOLUTION NO. 2003-20 RESOLUTION ADOPTING A SIDEWALK MAINTENANCE POLICY WHEREAS, a Sidewalk Maintenance Policy has been developed based upon the recommendations of the League of Minnesota Cities and City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights; and City Council Minutes May 27, 20O3 Page 4 of 8 WHEREAS, said policy defines the sidewalk inspection and maintenance procedures and methods used by the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Sidewalk Policy is hereby approved and adopted. Approval of Building Inspection Service Contract with the Ci_ty of New Brighton Councilmember Williams asked to have this item pulled from the consent agenda. He stated he feels the city should hire a full time Building Inspector. Councilmember Nawrocki stated we need to look at the overall Inspection Department and see how we should handle the program. He noted there is a 90-day cancellation clause in the contract if we wish to cancel the contract. He also commented on the fact that we would not be using our Building Inspector's car, but using theirs. Mayor Wyckoff and Councilmember Ericson both feel we need an inspector on staff down the road, but using building inspection services through New Brighton will work for the city right now. Again, the 90-day cancellation clause was reiterated. The Mayor asked if anyone in the audience had any comments on this item. Andy Smoka, 1206 Kyber Lane, stated he agrees with Councilmember Williams. Mr. Smoka stated that with the K-Mart redevelopment project and the projects going on from University to Central Avenues, it is important to have a full time inspector on staff. He suggested that the city have a Loss Control Person and create a position for dual purposes--for that and a City Inspector. Mr. Smoka also suggested that the contract should only cover to 2004. Motion by Councilmember Kelzenberg, seconded by Councilmember Ericson, to approve the Columbia Heights Building Permit Contract Agreement between the City of Columbia Heights and the City of New Brighton for Building Inspection Services through December 31, 2005; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call vote: Ayes-Ericson, Kelzenberg, Nawrocki, Wyckoff; Nays-Williams. Motion passed. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Second Reading of Ordinance No. 1456, Adopting the State Building Code Cities enforcing the 2003 Minnesota State Building Code are required to adopt the new code. In the past, the city has adopted the code every time it is changed or updated, usually every three years. The proposed ordinance would be self-perpetuating, in that it would always reflect the most current edition of the State Building Code and not require council action every time the code is updated. The first reading of this ordinance was held on May 12, 2003. There was considerable discussion on this item. Councilmember Nawrocki stated he would like to have the public become aware of changes proposed, so therefore there was another alternate ordinance presented at tonight's meeting. He argued it was one way for people to know there are changes that will impact their property, which is a point of information for residents. Motion by Councilmember Nawrocki, seconded by Councilmember Ericson, to waive the reading of the alternate ordinance (non self-perpetuating ordinance) which was presented to the council this evening. Motion passed unanimously. Motion by Councilmember Nawrocki to adopt the alternate ordinance (non self-perpetuating ordinance). Motion died due to the lack of a second. Motion by Councilmember Williams, seconded by Councilmember Kelzenberg to waive the second reading of City Council Minutes May 27, 2003 Page 5 of 8 Ordinance No. 1456, (self-perpetuating ordinance) there being ample copies available to the public. passed unanimously. Motion Motion by Councilmember Williams, seconded by Councilmember Kelzenberg to adopt Ordinance No. 1456, being an Ordinance adopting the State Building Code. Roll call vote: Ayes-Ericson, Kelzenberg, Williams, Wyckoff; Nays-Nawrocki. Motion passed. ORDINANCE NO. 1456 ADOPTING THE MINNESOTA STATE BUILDING CODE BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED The City of Columbia Heights does ordain: Section 1 Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16 B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. Section 2 Application~ Administration~ and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance. The code enfomement agency of the City of Columbia Heights is called the Protective Inspections Department. This code shall be enforced by the Minnesota Certified Building Official designated by the City of Columbia Heights to administer the code (Minnesota Statute 16B.65) Subdivision 1. Section 3 Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, subdivision 1. Permit fees shall be assessed for work govemed by this code in accordance with the fee schedule adopted by The City of Columbia Heights by Resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 16B.69). Section 5. Buildine Code Optional Chapters. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. 1306 with option sub part 2 and E1 2. Appendix K Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect June 27, 2003, after its passage. City Council Minutes May 27, 2003 Page 6 of 8 There were no bid considerations or other business. ADMINISTRATIVE REPORTS Report of the City Manager The City Manager reported that the Rainbow Foods chain is filing Chapter 11, and our Columbia Heights store will either be closing or sold to another grocery chain such as Roundy's Stores out of Pewaukee, Wisconsin. The City Manager noted that Roundy's have applied for a 3.2 beer and tobacco license in the city. Mayor Wyckoff stated she thought there was going to be a public auction on June 2ha. Report of the City Attorney There has been interest shown by local press about our administrative tag procedure. CITIZENS FORUM Harold Hoium, 4315 5th Street, stated he did not feel we needed a sidewalk policy, but rather we need sidewalks that are fixed and plowed. Discussion on ownership of sidewalks confirmed that the city owns the easement for sidewalks, but the property owner is responsible for the property and sidewalk. Helen Kersh, 1440 Molan Terrace, had appeared at the May 12, 2003, City Council meeting regarding a dandelion problem in the park, and she also indicated that three trees in the park were shading her garden, causing growing problems. She stated that several people have driven by since then to view the situation, but she has not heard anything from anyone about what is going to be done. The Public Works Director stated the tree is to be trimmed. Ms. Kersh wants to have the tree come down. Councilmember Nawrocki stated that at the May 12th meeting, a motion was made and seconded to have the City Manager report back to the City Council and her about what was going to be done. The Council was informed, but Ms. Kersh was not. It was stated the dandelions were sprayed. It was also stated that the tree would be trimmed tomorrow, May 28th. Councilmember Williams suggested this item be put on the next work session agenda. Motion was made by Councilmember Nawrocki, seconded by Councilmember Williams to remove the tree. Much discussion ensued. The Mayor stated that we just received a Tree City award and inquired if we knew how many cities get this award. The Public Works Director stated he did not know, but the Mayor thought about 50. Councilmember Ericson stated the council may be time and time again faced with this issue. Resident, Deb Johnson, stated Ms. Kersh should learn to live with it. The Mayor asked Ms. Kersh if she could move her garden. One of the students present at the meeting felt the city wasn't judged for the Tree City award based on one tree. Another student offered one of his trees. Yet another student thought it should just be cut down. The City Attorney offered the idea of the city having a policy addressing trees on public property affecting private property owners. The Public Works Director stated the tree in question is healthy and if the tree is trimmed, the surrounding trees may grow bigger. Roll call vote: Ayes-Councilmembers Kelzenberg, Nawrocki, Williams; Nays-Mayor Wyckoff, Councilmember Ericson. Motion passed. Carrie Herkal, 1161 Cheery Lane, discussed the standing water problem between Cheery Lane and Kyber Lane. She explained how neighbors have tried different landscaping techniques and want some assistance with drain tile. She had a form signed by numerous neighbors in that area. Andy Smoka, 1206 Khyber Lane, stated that perhaps an eight-inch drainage pipe would be helpful. He stated homes have had flooding problems resulting with mold issues. These flooding issues should be taken into consideration when the K- Mart site is redeveloped. The Public Works Director stated that the city could help with a plan and asked how would it be paid for (via special assessments or other arrangements). City Council Minutes May 27, 2003 Page 7 of 8 Motion by Councilmember Nawrocki to have this matter reviewed for alternatives for these people, and brought back to the City Council. Motion died for lack of a second. The Public Works Director stated the residents should complete an official petition if they wished to have this taken care of via special assessments. Then Public Works could complete an Engineer's Report. The City Attorney explained that this would start the process, and generate a report on what it is going to take and how much it is going to cost. Councilmember Nawrocki stated he is just asking for a report of alternatives, not necessarily going the special assessment route. The Public Works Director stated that his department would need a directive to do a report, which would include previous information and a historical review of the problem. They could do a cursory review of what could be done and where drainage should take place. The City Manager stated a report would be compiled for the council's review, and it was agreed it would be done by Friday of this week. Malcolm Watson, 1717 49th Avenue N.E., on behalf of the Kiwanis Club, reported he was at a Solid Waste Abatement meeting on May 2 l'~t where the City of Columbia Heights received an award for their recycling program. The Kiwanis Club is involved in the Columbia Heights' recycling center program. Steve Linders, 3956 Reservoir Boulevard, stated the council meetings are "entertaining", and that he was disappointed when the cameras were shut off at a recent meeting. COUNCIL CORNER Councilmember Kelzenberg: · Announced The 500 Club's Golf Tournament this Sunday, June 1st. There are still openings. Councilmember Williams: · Commented on the death of former Councilmember Don Jolly. · Described a recent gas drive-off incident at his place of business where he followed and attempted to apprehend the driver, only to be shot at through his car's passenger side window. Described these people as not only thieves, but also killers. · Urged residents to call and make an appointment with BFI to pick up their unwanted appliances and furniture. Mayor · Wyckoff: Announced that this Sunday, June 1st, is the Sister Cities Auction and Spaghetti Dinner from 4-8 p.m. at Murzyn Hall. Tickets are $6.95 for adults; $3.95 for children; under 4 are free. Tickets available at City Hall, Bobby and Steve's Autoworld, First Community Credit Union, and Northeast State Bank. Read a letter commending Police Officer Sinn on a bike recovery and and a letter commending Police Officer Okerstrom on his assistance with an identify theft case. Councilmember Ericson: · Stated our administrative tag system is being looked at as a model for some northern and western suburbs. · Reminded the public that kids will soon be out of school; please drive carefully. Councilmember Nawrocki: · Asked about the status of the plaque at 40th and Central; it has been decided to get a new one and move it higher up. · Asked about the status of the James LaBelle plaque. It has been cleaned several times by Public Works, and we may need to resurface it, which Public Works would have to take bids on. · Stated he needed to get into the Fire Department on Monday (Memorial Day) to return an item and no City Council Minutes May 27, 2003 Page 8 of 8 one was there and it was locked. He stated there were no numbers posted outside where to call if no one was there. The City Manager asked Councilmember Nawrocki if he had the white plastic card that is given out by the Police Chief's Secretary with emergency numbers on it. He stated that he had a city telephone directory list dated January, 2003. Questioned why we are still having problems with roof leakage in the Finance Department. The City Manager explained that with the recent heavy rains, there was a problem with the tinning. · Stated the last few weekends on Channel 16, there is a screen that appears with icons, but not the programs. Stated that the Special Projects Coordinator mentioned at the last Telecommunications Commission that we need some new equipment. · Encouraged all council members to attend the annual LMC conference in St. Cloud. Stressed how educational the sessions are. Several high school students came forward with their class sheets to be signed by the Mayor or councilmembers. ADJOURNMENT The meeting adjourned at 9:05 p.m. Carole J. Blowers Secretary Pro Tem PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JUNE 3, 2003 7:00 PM These minutes approved. The meeting was called to order at 7:00 pm by Chairperson, Tom Ramsdell. Roll Call: Commission Members present-Yehle, Schmitt, Baker, and Ramsdell. Commission Members absent- Peterson 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 April 1, 2003, with the addition ora comment by Commission Yehle concerning his agreement that the building design for 3929 California St. did meet the intent of the ordinance in regards to the required percentage of window area. All ayes. MOTION PASSED. The correction'was made to the minutes. PUBLIC HEARINGS NONE NEW BUSINESS Case #: Owner: Address: Phone: 2003-0607-Site Plan Review Todd Johnson DDS 5215 University Ave NE Columbia Heights, MN 55421 (763) 572-8040 Applicant: James Strapko Architects 4157 Minnehaha Ave So Mpls; MN 55406 Parcel Address: 5207 & 5215 University Ave NE Dr. Johnson and James Strapko Architects have requested a Site Plan Review to construct a new dental facility on the properties at 5207/15 University Ave NE. The site is undeveloped and consists of three platted parcels. The site is currently zoned General Business. The surrounding property to the north is used and zoned commercially. The property to the east across the alley is zoned and used residentially, and the property to the south is a single family home and is zoned commercial. Dr. Johnson owns 5 lots south of the City Liquor Store on 52nd and University Ave. He is proposing to move out of his current building at 5215 University Ave. He plans to construct a new 3,416 square foot dental facility on the three adjacent empty lots he owns, in order to accommodate the growth of his practice. Dr. Johnson is proposing to split off the northerly two lots which house the existing dental office and parking area. The current business employs a few workers and is anticipated to add additional dental hygienist employees in the design-build process. In moving forward with this project, Mr. Johnson has been working with City staff to identify the necessary processes and approvals since 2002. The proposed construction should take approximately 4 months and would begin this summer. PLANNING & ZONING COMMISSION MINUTES JUNE 3, 2003 PAGE 2 The 3,416 sq ff building foundation proposed is intended to function as a commercial office type use, but is being designed to have a residential type appearance. The building exterior will be a textured siding that is composed of cement and wood fibers that look like wood. It will have residential styled windows and decorative columns at the south entrance to give it a front porch type entrance. The proposed project achieves the 30% window and door area requirement for non-residential uses. The building will consist of several offices, a chart room and library, and seven patient rooms. The building will also feature a small basement area for mechanical units and storage, as well as a private office in the upstairs attic. * The minimum front yard building setback is 15 feet and the proposed building meets this requirement as it is 19 feet from the property line. While the building foundation is set back at 19 feet, the projecting bay juts into the setback area one foot. The ordinance does allow for architectural enhancements to be in the setback area. * The minimum comer side yard building setback is 15 feet and the proposed building exceeds this requirement, as it is approximately 60 feet from the south property line. * Minimum rear yard building setback is 20 feet; The proposed building meets this requirement, as it is 20 feet from this property line. * Minimum side yard building setback is 0 feet; The proposed building meets this requirement, as it is 5 feet from this property line. The minimum requirements are one parking space per every 300 square feet of gross floor area; The site plans shows 16 parking spaces, with the requirement being 14 based on 4,050 square feet. There is one handicap space shown which meets the accessibility requirements. It should be noted that the lighting plan for the parking area submitted provides details on the footcandle measurements. These measurements meet the City requirements for lighting intensity at a maximum of 3 footcandles of light at the nearest non-residential property line, and a maximum of ½ footcandles of light at the nearest residential property line. The lighting for the site includes two pole lights to be located on the southeast and southwest comers of the parking area. Minimum parking setbacks are 15 feet from the front and comer side property lines and 5 feet from the rear property line: The proposed off street parking meets the City requirements at 20 feet from the front property line, 15 feet from the comer side property line, and 6 feet from the rear yard property line. The General Business District allows for monument signage not to exceed 40 square feet in size; a maximum of 8 feet in height; and setback 5 feet from any property line. The applicant is proposing an 8 foot high monument sign, measuring 38 square feet in size, and setback at least 5 feet from any property line which meets City requirements. The wall mounted signage proposed for the building meets the City's requirements as well. PLANNING & ZONING COMMISSION MINUTES JUNE 3, 2003 PAGE 3 The site plan includes a landscaping plan detailing the number, species, and location of the plantings. The plans exceed the minimum City standards. It was noted that there is a 2 'A foot grade difference fi.om the fi.ont of the property to the back. A retaining wall will be constructed along the east side with additional plantings that will enhance the visual impact. The dumpster will be located on the east side of the structure and will match the finish of the building and'will be enclosed as required by ordinance. The proposed building will be served by 52na Avenue and University Avenue, and will provide adequate ingress and egress. The site traffic will be completely separate fi.om the adjacent residential properties and will not have an entry point on the alley side. The new parking lot area will require a new curb cut along the frontage road. Public Works Director Kevin Hansen has reviewed the plans and his comments are as follows: He would encourage the addition of some masonry, such as brick or stone to enhance the building entrance. There will need to be a cut in and new tee to the VCP sanitary line in accordance with City Specifications. The proposed Storm Sewer shall be a privately maintained line. Any work done in the public Right of Way shall be inspected by the Engineering Dept. The grading and erosion control plan is acceptable with the following conditions: *Site access during construction should be limited to the University Ave Service Rd. *The perimeter erosion control shall be placed prior to any site disturbance and inspected by the engineering dept. *Any debris tracking shall be cleaned off of public streets within a 24 hour period. If the work is not performed within a 24 hour period, the City of Columbia Heights will clean the streets and bill the Contractor. *The rear retaining wall along the alley should be three feet fi.om the property line. *The gutter line at the main entrance is fiat. This should be reviewed in the field with engineering staff prior to concrete placement. The main entrance shall have a concrete apron fi.om the curb to the property line. The location of the driveway cut is acceptable. No site access should be provided to the existing alley to the east. He would suggest an escrow account of $1,500 for engineering inspection and erosion control surety. Any unused portion of this escrow would be returned to the owner upon project completion (including landscaping and parking lot paving). The applicant's plan directs the storm water runoff to the University Ave frontage road, away fi.om adjacent properties. The plans proposed appear to meet the City storm water requirements. The Fire Department has also reviewed and preliminarily approved the plans. The proposed construction is consistent with the 2001 City Comprehensive Plan which designates the property for future transit-oriented use such as high density residential or neighborhood commercial development. The new facility will further enhance the tax base and create additional jobs. The building features varied architectural materials designed to create visual interest and to provide consistency with the surrounding area. PLANNING & ZONING COMMISSION MINUTES JUNE 3, 2003 PAGE 4 Therefore, staff recommended approval of the Site Plan proposal to construct a new 4,500 square foot dental facility on the property at 5207 University Avenue NE. with the addition of the condition suggested by Public Works Director, Kevin Hansen, regarding the escrow of $1500 for engineering inspection and erosion control surety. Commission member Baker questioned whether there is adequate parking. Ramsdell stated the proposal already exceeds the requirements of the Ordinance and we cannot make it more restrictive at this point. Dr. Todd Johnson addressed the commission. He explained that he has waited to see what the City plans to do with the Liquor Store property, but that he can't wait any longer. He has outgrown his space and needs to expand. He went on to state he felt the parking will be adequate as customers come and go throughout the day. He also explained he does not currently have a handicapped access space, but he and his staff take care of those who need assistance whenever necessary. He feels the requirement of one handicap space will also be adequate as he only sees approximately two patients a week that would need this provision. Commission member Ramsdell stated he liked the design and look of the building. He is excited about the development of the site. He concurred with the Public Works Director that he would like to see some brick or stone added to the south and west side to enhance the visual impact. He also asked Dr. Johnson what will happen to the old building, and whether it would be kept up. Dr. Johnson responded that he plans on keeping the building. He will continue to use it for storage of old charts and X-rays that must be kept up to 10 years per State law. He said he has been approached by an Oral Surgeon, and Endodontist, and a Chiropractor for possibly leasing the building for their practices. He has not made any decision regarding that at this point. Commission member Ramsdell stated he would like to see the old building painted to match the new facility. However, Dr. Johnson informed the commission that the old building has vinyl siding and new vinyl windows, and is in a good state of repair at the present time. Commission member Yehle agreed that the property is well maintained. When asked about how many people are employed at the facility and what his plans are for expanding, he replied that he currently has a part time dentist working with him and that he would like to go with a full time dentist and 2 or 3 additional hygenists. He is hoping to break ground within the next month and a half. Motion by Ramsdell, seconded by Yehle, to approve the Site Planf°r Dr. Todd Johnson for4,500 sq fi dental facility on the property at 5207 University Avenue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Final review and approval of grading~drainage, water and sewer plans by City Engineer and Fire Chief. 3. Approved landscaping and screening shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy. 4. A cash escrow of $1,500 be submitted for engineering inspection and erosion control surety. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES JUNE 3, 2003 PAGE 5 MISCELLANEOUS Enclosed in the agenda packets were several articles regarding redevelopment in the suburbs. Commission Chair Ramsdell checked with the other members to see if everyone would be available for the scheduled meeting July 1st. It was the consensus of the members to hold the meeting on that scheduled date. Commission member Schmitt asked about the K'Mart site and whether the commission will be asked to consider any changes to our Ordinance regarding the re-development of this site. Planner Johnson said the issue of establishing Park Dedication Fees will be need to addressed again in the near future and the Design Guidelines will also be submitted to the commission for consideration. Commission member Baker asked if anything was happening with the Hardee's site. Planner Johnson stated there has been some interest and inquiries regarding this site recently, but that nothing formal has been submitted as of this date. Motion by Yehle, seconded by Ramsdell, to adjourn the meeting at 7:40pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 3, 2003 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Patricia Sowada, Nancy Hoium, Julienne Wyckoff, and Becky Loader. Board members, David Holmgren and Catherine Vesley were not in attendance. It was moved, seconded, and passed to approve the minutes of the May 6, 2003, Board meeting as mailed. Bill list dated 5/27/03 was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 6/9//03 was also reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. Old Business: 1. Policy manual review continued. It was moved, seconded, and passed to adopt the following interpretations of' the Library Bill of Rights as adopted by the ALA council as presented: a. Access for children and young people to videotape and other nonprint formats. b. Access to electronic information, services and networks. c. Access to Library resources and services regardless of gender or sexual orientation. d. Diversity in collection development. e. Economic barriers to information access. f. Evaluating library collections. g. Expurgation of Library materials. h. Free access to libraries for minors. i. Privacy. j. Universal right to free expression. k. It was moved, seconded, and passed to adopt the policy on distribution of brochures, free newspapers, newsletters and other handouts as rewritten. 1. It was moved, seconded, and passed to adopt the revised policy concerning guidelines for accepting donations of used books and magazines. m. It xvas moved, seconded, and passed to adopt the revised facility use policy and responsibility form as presented. n. It was moved, seconded, and passed to adopt the revised organization card policy, application, and borrowing policy as presented. Results of the booksale sponsored by the Friends were as follo~vs: a. Materials sold: $1,453.99 b. Tickets sold for pre sale: $245.00 c. Library materials sold: $204.95 The approved Capital Outlay Plan and Capital Improvement Plan and memo have been submitted. The adjusted budget figures tbr 2003 have been added to the accounting page. There should be no additional cuts for 2003. The 2004 Library' Budget is currently being compiled. Several scenarios have been considered. The final draft is due to Finance by June 16. The impact on Maintenance of Effort was discussed. 6. Plans for the Jamboree Parade that will take place on June 27 were reviewed. The bookmarks purchased for handout were presented to the Board. Staff with the aid of volunteers is working on other details. 7. The roof leak in the East Room was discussed. After Dalco made repairs, Honeywell checked the air conditioning unit for moisture and found none. The area is being monitored; no further problems have been noted at this time. 8. Becky along with other Management Staff took a private tour of the NEI building during the month and reported on the buildings condition. The City is considering the facility for purchase. Options are being explored at this time. · New Business: 1. It was moved, seconded, and passed to approve the transfer of $400.00 from 2187 Book Tape Combos to 2189 DVD's. 2. Crossover statistics were reviewed. 3. The certificates for the Patrons of the Month for June were signed. This month two families are being honored for family use of the library: the Szurek's and the Ashmore's. 4. Sister City group is having a traditional American Thanksgiving dinner in honor of the dignitaries coming to Columbia Heights for the Jamboree celebration. Becky is unable to attend this dinner and has asked Barb Miller to step in as the Library representative on June 30 at Immaculate Conception Church. 5. On June 12, from 6:30 to 8:30 p.m. there will be a public hearing concerning the plans for the K-Mart site in the Council Chambers at City Hall. There being no further business the meeting was adjourned at 8:10 p.m. Respectfully submitted, ~midt Secretary to the Library Board of Trustees. 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· COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 9, 2003 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 CITY MANAGER'S APPROVAL ITEM: EstablishWorkSessionMeeting BY: WaltFehst BY:~~ Date for June 2003 NO: DATE: May 21, 2003 DATE: It is recommended that Work Session meeting date be scheduled for Monday, June 16, 2003 beginning at 7:00 p.m., in the City Hall Council Chambers. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, June 16, 2003 beginning at 7:00 p.m., in City Hall Council Chambers. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 9, 2003 AGENDA ORIGINATING CITY MANAGER SECTION: 2~~//4 - L4 DEPARTMENT: APPROVAL NO: Fire ITEM: Establish Hearing Dates BY: Charlie Thompson License Revocation, Rental Properties NO: DATE: June 2, 2003 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Robert Zschokke ........................................................... 3823 Polk Street NE 2. Mohsen Dessouki .......................................................... 4610-4612 Fillmore Street NE 3. Lynde Investment Company ......................................... 5131, 5141 University Ave NE RECOMMENDED MOTION: Move to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zsehokke at 3823 Polk Street N.E. RECOMMENDED MOTION: Move to Establish a Heating Date of June 30, 2003 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Mohsen Dessouki at 4610- 4612 Fillmore Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against L.ynde Investment Company at 5131 Universit~ Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Lynde Investment Company at 5141 Universi ,t3' Avenue N.E. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' June 9, 2003 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~'~ - A - ~' License Department APPROVAL ITEM:LicenseAgenda BY:ShelleyHanson ~. DATE:~~, NO: DATE: June 6, 2003 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the June 9, 2003 City Council meeting. This agenda consists of applications for various Contractor Licenses for 2003, an Off Sale Beer and Cigarette/Tobacco License for Roundy's (Rainbow Food Stores), Peddler/Transient Merchant Licenses for the Jamboree, a Peddler/Transient Merchant License for someone wishing to sell Fireworks, and a Temporary On Sale Beer/Wine License for the concert sponsored by the Twin Cities North Chamber of Commerce. Please see note on the License List regarding the license for the Fireworks Sales. 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 June 9, 2003 as presented. COUNCIL ACTION: TO CITY COUNCIL June 9, 2003 *Signed Waiver Form Accompanied Application 2003 BUSINESS LICENSE AGENDA BLDG POLICE CONTRACTORS LICENSES *Practical Systems *Northeastern Mechanical Goodmonson Construction *Fairfax Asphalt Inc Master Plumbing Inc. *Action Heating & AC 4342B Shady Oak Rd, Hopkins 10980 338th St, Lindstrom 3449 Zane Ave N, Crystal 108 W. Broadway, Osseo 15467 Eagle St NW, Andover 8140 Arthur St #C, Sp Lk Pk OFF SALE BEER *RBF Corp (Roundy's) 4300 Central Ave $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $150 POLICE CIGARETTE/TOBACCO SALES RBF Corp (Roundy's) 4300 Central Ave $200 POLICE TEMP ON SALE BEERWINE LICENSE *Twin Cities North Chamber of Commerce-Huset Park $100 POLICE PEDDLER/TRANSIENT MERCHANT *Gerald Johnson 1298 52na Ave NE, Fridley $100 *Erik Johnson 1298 52na Ave NE, Fridley $ 50 *Justin Tmckenbrod 1300 52nd Ave NE, Fridley $ 50 *F.W. Shreveport Inc. William Hurst 102 Industrial Dr, Batesville AR $100'*** ****Please note-This license is pending Police Dept approval at the time this agenda was prepared. If not approved, the license will not be issued. But due to the Council Meeting dates and the dates they wish to operate, we needed to include on this agenda. CITY OF COLUMBIA HEIGHTS FINANCE DEPARTME~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number /~)~t~ through ]~)~ in the amount of$ ~',~"~r~'~· t~- These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 06/05/2003 14:31:06 FUND RECAP: DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVIEW VILLA NORTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOUTH 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 261 TWENTY-FIRST CENTURY GRANT 265 CONFISCATED/FORFEITED PROP 415 CAPITAL IMPROVEMENT - PIR 420 CAP IMPROVEMENT-DEVELOPMENT 431 CAP EQUIP REPLACE-GENERAL 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 701 CENTPdkL GARAGE 720 DATA PROCESSING 885 ESCROW 886 INVESTMENT TRUST 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 33,625.01 32.06 21,406.12 781.52 1,834.49 31 31 8,889 74 5 00 1,099 53 22 00 1,279 03 3,070 29 3,408 20 3,959 02 770 12 31 50 1,004 41 123,764 84 18,232 92 322 95 209,825 62 2,500,000 00 157 50 2,933,553.18 CITY OF COLUMBIA HEIGHTS GL060S-V06.50 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 2,933,553.18 2,933,553.18 ACS FIN~CI~ SYSTEM CITY OF COLUMBIA HEIGHTS 06/05/2003 14:31:04 Check History GL050S-V06.50 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C O U N C I L * * * * * * * * C O U N C I L * * * * * * * * C O U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title ....... 06/09/03 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Pro~ect ..................... Vendor. Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ thru thru thru thru 103640 thru 103793 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/05/2003 14 · C~eck History GL540R-V06.50 PAGE 1 06/09/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ANOKA COUNTY LICENSE BUR BELLBOY CORPORATION CENTER POINT ENERGY MINN CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I GENUINE.PARTS/NAPA AUTO GILLETEJDOROTHY HELLMAN/SARAH J & S MARKETING JOHNSON BROS. LIQUOR CO. KUETHER DIST. CO. MARK VII DIST. METRO CHIEFS OFFICER FIR MN DEPT OF ADMINISTRATIO NEEDHAM DISTRIBUTING CO PACIFIC DIRECT PETTY CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS QWEST COM~RINICATIONS QWEST DEX SCHMIDTBAUER/SUE WEGSCHEIDER/CHAD XCEL ENERGY (N S P) AFFINITY PLUS FEDERAL CR DELTA DENTAL FIRST COMMUNITY CREDIT U ICMARETIREMENT TRUST 45 MN CHILD SUPPORT PAYMENT ORCHARD TRUST COMPANY PERA UNITED WAY VANTAGEPOINT TRANSFER - WELLS FARGO - PAYROLL AC WI DEPARTMENT OF REVENUE ALL SAINTS BRAND DISTRIB AMERICAN BOTTLING COMPAN BELLBOY BAR SUPPLY BELLBOY CORPORATION BRU HOUSE CHISAGO LAKES DISTRIBUTI CITY WIDE WINDOW SERVICE DRINKWINE/CARRY ELECTION SYSTEMS & SOFTW GENUINE PARTS/NAPA AUTO 103640 103641 103642 103643 103644 103645 103646 103647 103648 103649 103650 103651 103652 103653 103654 103655 103656 103657 103658 103659 103660 103661 103662 103663 103664 103665 103666 103667 103668 103669 103670 103671 103672 103673 103674 103675 103676 103677 103678 103679 103680 103681 103682 103683 103684 103685 103686 386.73 1,087.50 8,976.97 512.40 391.40 5,565.24 48.85 47.00 42.60 126.36 3,803.75 6,434.65 16,773.89 200.00 469.79 138.00 1,360.49 108.43 176.09 89.67 6,353.67 110.38 55.00 14.04 150.00 3,468.06 400.00 57.60 3,250.00 10,776.14 678.81 6,913.70 28,353.07 23.50 340 00 158,709 90 322 90 960 00 260 05 217 06 87 84 327 86 2,411 50 40 47 216 87 296 84 74 16 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/05/2003 14 · C~eck History GL540R-V06.50 PAGE 2 06/09/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT JOHNSON BROS. LIQUOR CO. JOHNSON/THOMAS M METROCALL - ATT MESSAGIN NORTHEAST STATE BANK PAUSTIS & SONS PEPSI-COLA-7 UP PHILLIPS WINE & SPIRITS PURCELL/ELSIE QUALITY WINE & SPIRITS QWEST COMMUNICATIONS TOP VALU LIQUOR UNITED RENTALS UNIVANCE ACCTS RECEIV VERIZON WIRELESS WARPEHA/MARGARET WEBER ENTERPRISES OF MN WINE MERCHANTS XCEL ENERGY (N S P) A & C SMALL ENGINE A M BEST COMPANY ACE HARDWARE ALL SAFE FIRE & SECURITY AMERIPRIDE ANOKA CTY - CENTRAL COMM ARCH WIRELESS ARCTIC GLACIER B & M AUTO ELECTRIC CO BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BATTERIES PLUS BATTERY CITY INC BAUER BUILT TIRE & BATTE BEN MEADOWS COMPANY BIFF'S,INC. BLUEMELS TREE SERVICE BOYER TRUCK PARTS CATCO PARTS SERVICE CHET'S SHOES CIGNA BEHAVIORAL HEALTH CITY PAGES COLUMBIA HEIGHTS RENTAL CONNELLY INDUSTRIAL CROWN FENCE & WIRE DAKOTA COUNTY TECHNICAL DANKA OFFICE IMAGING DAVIES WATER EQUIPMENT C DCI INDUSTRIES LTD CHECK NUMBER AMOUNT 103687 36,191.32 103688 31.15 103689 84.07 103690 2,500,000.00 103691 4,808.92 103692 75.20 103693 14,360.76 103694 119.00 103695 12,300.36 103696 137.00 103697 300.00 103698 2,990.00 103699 32.71 103700 34.08 103701 5.00 103702 80.00 103703 2,275.33 103704 7,503.62 103705 71.84 103706 1,611.90 103707 26.06 103708 298.20 103709 83.28 103710 404.27 103711 66.80 103712 1,000.56 103713 393.15 103714 4,015.23 103715 1,258.35 103716 133.13 103717 64.07 103718 548.12 103719 46.09 103720 424.61 103721 4,518.75 103722 99.71 103723 874.41 103724 159.40 103725 532.53 103726 450.00 103727 44.62 103728 187.70 103729 7.24 103730 350.00 103731 39.53 103732 277.65 103733 94.50 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/05/2003 14 Check History GL540R-V06.50 PAGE 3 06/09/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT DEHN OIL DEMCO DIAMOND VOGEL PAINTS EDLUND/DORINDA FLEX COMPENSATION, INC FLEXIBLE PIPE TOOL CO. FLOORS NORTHWEST INC G & K SERVICES HACH COMPANY HARVEST PAINT HOME DEPOT #2802 IDEAL ADVERTISING INC. IPC PRINTING JRK, INC KENNEDY & GRAVEN LAKE RESTORATION INC LBP MECHANICAL INC LETS PLAY SOFTBALL MAINTENANCE WARE HOUSE MENARDS CASHWAY LUMBER-F METRO WELDING SUPPLY METROCALL - ATT MESSAGIN MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS SAW CO. MIRACLE RECREATION N.A.D.A. APPRAISAL GUIDE NATIONAL WATERWORKS, INC NESCO INC NORTHEASTER NORTHERN TOOL & EQUIPMEN OFFICE DEPOT OLBERDING/NICK ONE-CALL CONCEPT-GOPHER PETERSON/RONALD PETTY CASH - JOANNE BAKE PIONEER PRESS PIONEER RIM & WHEEL CO. RADIO SHACK RAPID GRAPHICS & MAILING REED BUSINESS INFORMATIO RENEWED HARDWOOD FLOORS RESOURCE DOCUMENTS & ADV RETAIL DATA SYSTEMS OF M ROSEDALE CHEV SAFETY TECHNOLOGY GROUP SCHELEN GRAY ELECTRIC 103734 9,171.19 103735 121.29 103736 40.47 103737 31.67 103738 157.50 103739 2,742.06 103740 1,399.60 103741 357.26 103742 104.91 103743 1,270.50 103744 194.83 103745 6,877.00 103746 427.82 103747 1,453.72 103748 585.00 103749 415.00 103750 16,028.51 103751 25.00 103752 203.93 103753 278.13 103754 13.85 103755 29.60 103756 156.78 103757 3,130.95 103758 102.72 103759 1,322.63 103760 58.00 103761 604.38 103762 55.53 103763 289.00 103764 48.96 103765 1,110.10 103766 17.40 103767 218.55 103768 479.25 103769 94.70 103770 131.11 103771 60.16 103772 14.89 103773 1,186.00 103774 183.82 103775 1,000.00 103776 266.25 103777 890.32 103778 39.77 103779 151.87 103780 63.08 ACS FINANCIAL SYSTEM 06/05/2003 14 · C~eck History 06/09/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT STREICHER'S GUN'S INC/DO SUN PUBLICATION SYSTEMS SUPPLY INC. TELEPHONE ANSWERING CENT TENNANT COMPANY THE DEPOT TRUGREEN CHEMLAWN UNITED RENTALS VERIZON WIRELESS WILSON DEVELOPMENT SERVI WW GRAINGER, INC XCEL ENERGY (N S P) ZARNOTH BRUSH WORKS, INC CITY OF COLUMBIA HEIGHTS GL540R-V06.50 PAGE 4 CHECK NUMBER ANOUNT 103781 165.72 103782 343.35 103783 289.38 103784 135.90 103785 473.27 103786 1,099.53 103787 2,863.80 103788 29.27 103789 399.62 103790 2,344.36 103791 79.09 103792 140.93 103793 564.45 2,933,553.18 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/05/2003 14 . C~eck History GL540R-V06.50 PAGE 5 06/09/03 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 2,933,553.18 RECORDS PRINTED - 000918 CITY COUNCIL LETTER Meeting of June 9, 2003 AGENDA Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL ITE Adopt Resolution For Revocation BY: Charlie Thompson BY: ~~ M: DATE: June 9, 2003 DATE: 2003-27 NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Sandy Rush regarding rental property at 4410 Central Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2003-27, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2003-27, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Sandy Rush Regarding Rental Property at 4410 Central Avenue NE. COUNCIL ACTION: RESOLUTION 2003-27 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SANDY RUSH (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4410 CENTRAL AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON APRIL 30, 2003 OF A PUBLIC HEARING TO BE HELD ON JUNE 23, 2003. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on or about August 20, 2002 a relicensing application was sent by regular mail to the owner of the property at the address listed in Anoka County records. That on April 15, 2003, Charlie Thompson, Housing Enforcement Officer for the City of Columbia Heights, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed in Anoka County records. That on April 28, 2003, Charlie Thompson, Housing Enforcement Officer for the City of Columbia Heights, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed in Anoka County records. 4. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO LICENSE RENTAL PROPERTY B. SCHEDULE A RMC INSPECTION o That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4410 Central Avenue NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; o o That all relevant parties and parties in interest have been duly served notice of this hearing, and any other heatings relevant to the revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number is hereby revoked/suspended (cross out one); The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this Motion by: Second by: Roll Call vote: __ day of June 2003 Attest: Mayor Julienne Wyckoff Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meetin~ of: June 9, 2003 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: '7 '~ [ Community Development APPROVAL . ITEM: Adopt Resolution 2003-25 BY: Randy Schumacher~~ BY'~_~~'44~ Industrial Park Redevelopment Plan DATE: June 6, 2003 DA~E.' ' ~~ NO: Issue Statement: Consideration of Resolution 2003-25, which is a resolution of the Columbia Heights City Council, adopting the City of Columbia Heights Industrial Park Master Redevelopment Plan. Background: The Columbia Heights City Council and the Economic Development Authority determined that the redevelopment of the Industrial Park would be the number one priority for 2002-2003. The primary purpose of the redevelopment plan was to determine the highest and best uses that physically worked from a market standpoint. The City Council selected a professional development team to provide factual documentation in establishing a plan that would take three key elements into consideration. Those elements were land use planning, market analysis, and environmental review. The Master Plan is intended to be a catalyst for change. Its emphasis is focused on four primary areas: 1. Identifying land uses that can be supported in today's market place. 2. Establishing an improved land use pattern that is financially feasible. 3. Identifying a redevelopment effort that involves immediate implementation and substantial change over the next one to five years. 4. Establishing a new land use pattern that further community objectives. It is important to understand that this document represents a general plan to guide the process of redevelopment in the Industrial area. Once the plan is adopted, numerous implementation steps must be addressed as outlined in the redevelopment plan. This process involves public hearings, negotiations, and significant public involvement. Recommended Motion: Move to waive the reading of Resolution No. 2003-25, there being ample copies available to the public. Move to adopt Resolution No. 2003-25, being a Resolution adopting the Columbia Heights Industrial Park Master Redevelopment Plan. COUNCIL ACTION: RESOLUTION NO. 2003-25 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION ADOPTING THE CITY OF COLUMBIA HEIGHTS INDUSTRIAL PARK MASTER REDEVELOPMENT PLAN. WHEREAS, the City's 1999 Comprehensive Plan emphasized the need for developing a detailed Comprehensive strategy for the Industrial Park area, and WHEREAS, the Comprehensive Plan further articulates the goal that calls for promoting redevelopment efforts that enhance the tax capacity of the area, and WHEREAS, most buildings in the redevelopment plan have continued to deteriorate to a blighted level, others have high vacancy rates, others have become both physically and economically obsolete, and WHEREAS, the Master Plan is intended to be a catalyst for change in this area and its emphasis is focused on: · Identifying land uses that can be supported in today's market place · Establishing an improved land use pattern that is financially feasible · Identifying a redevelopment effort that involves immediate implementation and substantial change over the next one to five years · Establishing a new land use pattern that furthers community objectives WHEREAS, this plan addresses the primary question; what kinds of uses have the highest possibility of success and what can be implemented given current market conditions. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council supports this general plan to guide the redevelopment of the Industrial Area and authorizes staff to initiate the necessary steps of implementation. Passed this __ day of ., 2003. Offered by: Second by: Roll Call: Mayor- Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: June 9, 2003 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: 2 o son NO: An ordinance repealing Ordinance No. 1449 and DATE: June 5, 2003 imposing a moratorium on development in industrial park master plan area. Issue Statement: Consideration of Emergency Ordinance # 1457, which is an ordinance of the Columbia Heights City Council, imposing an emergency moratorium for industrial zoned properties identified in the Industrial Park Master Plan for the City of Columbia Heights. Backeround: The City Council identified as a priority for 2002 and beyond, a strategic master planning process for the industrial areas of Columbia Heights. As part of this on-going redevelopment strategy, the City Council has entertained several concept plans for the potential redevelopment of the industrial area. As part of the redevelopment process, the City imposed a moratorium in July 2002 on industrial properties identified in the planning area. This moratorium is set to expire on July 8, 2003. Analysis: The extended moratorium will affect the Light Industrial zoned districts in the area generally bounded by University Avenue on the west, 40"' Avenue on the north, Jefferson Street on the east, and 37th Avenue on the south; excepting the properties at 455 37th Avenue NE, 500 38th Avenue NE, 523 37t~ Avenue NE, 533 37t~ Avenue NE, and 545 37t~ Avenue NE (See attached map). The properties being exempted are in the general area of redevelopment activities, but are proposed to be left out of the plan. As part of this redevelopment opportunity, City staff believes it necessary to adopt an emergency ordinance prohibiting activities requiring action by the Planning Commission or requiring a building permit. However, it does not include building permits for maintenance issues such as roofs and/or siding, etc. This emergency ordinance would be effective for an additional period of 12 months, but could be shortened, or extended for an additional time period of up to 6 months, should the City Council deem it necessary. Recommendation: Staff recommends establishing an emergency moratorium, in an effort to protect the strategic planning process, and the health, safety, and welfare of the public. Staff recommends that the following motions be made. Recommended Motions: Move to waive the reading of Emergency Ordinance # 1457, there being ample copies available to the public. Move to adopt Emergency Ordinance # 1457, being an Ordinance repealing Emergency Ordinance No. 1449, and imposing a moratorium on the use of property identified in the Industrial Park Master Plan for the City of Columbia Heights. Attachments: Affected Moratorium Area Map; Ordinance #1449; Ordinance #1457 COUNCIL ACTION: EMERGENCY ORDINANCE NO. 1457 BEING AN EMERGENCY ORDINANCE REPEALING EMERGENCY ORDINANCE NO. 1449 The City of Columbia Heights does ordain: Section 1: On July 8, 2002, the City of Columbia Heights adopted Ordinance 1449, which is an ordinance that was created in an effort to protect thc strategic planning process, health, safety, and the general welfare of the public, for the City of Columbia Heights; and, Section 2: The City Council determines it is necessary to extend the emergency moratorium in an effort to finish a strategic master planning process to determine .the highest and best use of industrial zoned properties and to develop an implementation plan; and, Section 3: In an effort to protect the strategic planning process, and the health, safety, and welfare of the public, the Columbia Heights City Council hereby imposes a moratorium on the I-1 Light zoned properties within the area recognized in the Industrial Park Master Plan for the City of Columbia Heights, and the area generally bounded by University Avenue on the west, 40~ Avenue on the north, Jefferson Street on the east, and 37t~ Avenue on the south; with the exception of the properties at 455 37z Avenue NE, 500 38t~ Avenue NE; 523 37~ Avenue NE, 533 37t~ Avenue NE, and 545 37th Avenue NE; Effective immediately and terminating on July 8, 2004, and recognizing said time period may be shortened, or extended by up to 6 additional months upon adoption of an Emergency Ordinance by the City Council; and, Section 4: Activities affected by this moratorium include anything in the moratorium area addressed above requiring action by the Planning and Zoning Commission, or requiring a building permit. This does not include building permits for maintenance issues such as roofs and/or siding. Section 5: This Ordinance shall be in full force and effect immediately. Offered by: Seconded by: Roll Call: Date of Passage: Mayor Julienne Wyckoff Patficia Muscovitz, Deputy City Clerk EMERGENCY ORDINANCE NO. 1449 BEING AN EMERGENCY ORDINANCE AM2ENDING ORDINANCE NO. 1428, ZONING AND DEVELOPMENT ORDINANCE 2001 The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and'Development Ordinance divides the City into four residential districts, three business districts, and two industrial districts; and, Section 4: The two industrial districts are further classified in the Columbia Heights Zoning and Development Ordinance as I-I, Light Industrial District; and I-2, General Industrial District; and, Section 5: The City Council determines it is necessary to undertake a strategic master planning process to determine the highest and best use of industrial zoned properties, and, Section 6: In an effort to protect the strategic planning process, and the health, safety, and welfare of the public, the Columbia Heights City Council hereby imposes a moratorium on the I-1 Light and I-2 General Industrial zoned properties within the area generally bounded by 3'a Street on the west, 40~ Avenue on the north, Jackson Street on the east, and 37m Avenue on the south, in the City of Columbia Heights, effective immediately and terminating on July 8, 2003, and recognizing said time per/od may be shortened or extended by adoption of an Emergency ordinance by the City Council. Section 7: Activities affected by this moratorium include anything in the industrial districts addressed above requiring action by the Planning and Zoning Commission, or building permits. This does not include building permits for maintenance issues such as roofs and/or siding. Section 8: This Ordinance shall be in full force and effect inmxediately. Date of Passage: July 8, 2002 Offered by: Williams Soconded by: Wyckoff ~/ ,~ · Roll Call: Ayes: Peterson, Wyckoff, Williams, Nawroc ~"~r Ga~-I~. Petecson Muscovitz, Deputy Cit~ Clerk / SUMMIT ST NE HUSET PARK 3965 38TH ~VE Ill: - I 0 100 200 CITY COUNCIL LETTER Meeting of: 06/09/03 AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER ITEM: ADOPTING ORDINANCE 1458 PERTAINING TO BY: Thomas Johnson LOCAL REGULATION POWERS DATE: 6/5/03 Background: Upon review of parking restrictions next to yellow curb, it was found that signage was needed in addition to the yellow paint in order to enforce the no parking. The change revises the ordinance to allow enforcement of no parking next to yellow curb without "no parking" signs. Analysis/Conclusions: The change under Section 7.102 (2) (c) would allow enforcement of no parking when signs have been posted or curb markings are painted yellow. The proposed revision was presented to the Traffic Commission and approved at their June 2"d meeting. Such changes to 7.102 (3) would allow action to be taken by City Council motion. Recommended Motion: Move to waive the reading of Ordinance 1458, there being ample copies available to the public Recommended Motion: Move to set the second reading of the Ordinance 1458, being an Ordinance adopting Local Regulation Powers for June 30, 2003, at approximately 7:00 p.m. in the Council Chambers. TJ:jb COUNCIL ACTION: ORDINANCE NO. 1458 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 977, PERTAINING TO LOCAL REGULATION POWERS THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: SECTION 7.102, of Ordinance No. 853, City Code of 1977, which currently reads as follows, to-wit: (1) The Council may regulate the use of streets, alleys, municipal parking lots, and public ways by the owner of, by persons operating, or by persons in control of any vehicle or bicycle, provided that such regulations are not in conflict with Article I of this chapter shall be considered controlling over any other provisions of this chapter that are inconsistent therewith or in conflict thereto. (2) Regulations may be adopted directly by Council Resolution, or by delegation to administrative officials, as hereinafter provided, subject to the following conditions: (a) The Manager may not refer any matter directly to the Traffic Commission; nor directly to the administrative service to act on any recommendations of said Commission for any matter not specifically so authorized by this chapter. (b) Any public street, alley, municipal parking lot or portion thereof is subject to regulation by the Council or by the administrative service, as is necessary to prevent accidents, to eliminate traffic congestion, to provide public access to adequate parking facilities, or to otherwise promote the safety and welfare of the City. (c) No regulation or restriction pertaining to a particular designated street or portion thereof shall become effective until necessary and appropriate signs and curb markings have been posted. (3) The Manager shall have the delegated duty under this section to post signs and provide markings upon passage of a Resolution of a Council regulation or restriction, or upon administrative establishment of a regulation or restriction pertaining to a particular street or portion thereof. The cost for signs or markings posted at the request of property owners, or directly benefiting property owners, may be charged directly to said persons by Council resolution. is hereafter amended to read as follows, to-wit: (1) The Council may regulate the use of streets, alleys, municipal parking lots, and public ways by the owner of, by persons operating, or by persons in control of any vehicle or bicycle, provided that such regulations are not in conflict with Article I of this chapter shall be considered controlling over any other provisions of this chapter that are inconsistent therewith or in conflict thereto. (2) Regulations may be adopted directly by Council action, or by delegation to administrative officials, as hereinafter provided, subject to the following conditions: (a) The Manager may not refer any matter directly to the Traffic Commission; nor directly to the administrative service to act on any recommendations of said Commission for any matter not specifically so authorized by this chapter. (b) Any public street, alley, municipal parking lot or portion thereof is subject to regulation by the Council or by the administrative service, as is necessary to prevent accidents, to eliminate traffic congestion, to provide public access to adequate parking facilities, or to otherwise promote the safety and welfare of the City. (c) No regulation or restriction pertaining to a particular designated street or portion thereof shall become effective until necessary and appropriate signs and/or curb markings have been posted or painted yellow. (3) The Manager shall have the delegated duty under this section to post signs and/or provide markings upon passage by motion of a Council regulation or restriction, or upon administrative establishment of a regulation or restriction pertaining to a particular street or portion thereof. The cost for signs or markings posted at the request of.property owners, or directly benefiting property owners, may be charged directly to said persons by Council action. This Ordinance shall be in full force and effect fi:om and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Patricia Muscovitz, Deputy City Clerk