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HomeMy WebLinkAboutFebruary 11, 2002 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 The following are the minutes for the regular meeting of the City Council held 7:00 p.m. on Monday, February 11, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN Pastor Peter Law, Community Methodist Church, gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Williams, Councilmember Szurek, Councilmember Wyckoff, and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations -none B) Presentations - none C) Introduction of New Employees Becky Loader, Library Director introduced Mindy Hicks, Library Clerk, and gave her background. Hicks thanked the City Council for the opportunity to work for the City. D) Recognition Peterson stated that Sue Hentges, wife of former City Manager Pat Hentges, passed away last Saturday. Nawrocki requested that the regrets of the Council be given to the family. CONSENT AGENDA MOTION by Nawrocki, second by Wyckoff, to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION to approve the minutes of the January 28, 2002 regular City Council meeting as presented. 2) Authorize payment of County Expenses MOTION to authorize payment of $16,626.34 for administering the 2001 Tax Increment Financing Las of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. 3) Approve Conditional Use Permit Case #2002-0201 for 4300 Central Avenue MOTION to approve the Conditional Use Permit to allow the operation of a temporary mini-garden center at 4300 Central Avenue from April 15, 2002 through July 10, 2002, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Nawrocki stated this is for a Linder’s Greenhouse, and as this is a yearly request; more backup information was given than necessary. City Council Minutes February 11, 2002 Page 2 of 13 4) Adopt Resolution No. 2002-08, being a resolution accepting the Feasibility Report for Zone 6A Street Rehabilitation and establishing the Public Improvement Hearing for March 4, 2002 MOTION to waive the reading of Resolution No. 2002-08, there being ample copies available for the public. MOTION to adopt Resolution No. 2002-08, which accepts the Feasibility Report for Zone 6A Street th Rehabilitation (with the 7 Street option) and establishes the Public Improvement Hearing for March 4, 2002. Nawrocki questioned when the informal meeting date was. Kevin Hansen, Public Works Director, st stated it would be Thursday, February 21, and notification was sent to all persons in this zone. Nawrocki stated the proposed work in this area was more extensive than necessary and he would like more cost effective ways to do the work. RESOLUTION NO. 2002-08 BEING A RESOLUTION ACCEPTING THE REPORT ON THE 2002 STREET REHABILITATION IMPROVEMENTS WITH FULL RECONSTRUCTION, PARTIAL RECONSTRUCTION AND MILL AND OVERLAY AND CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR THE ZONE 6A STREET REHABILITATION WHEREAS, pursuant to Resolution 2002-03 adopted by the City Council January 14, 2002, a report has been prepared by Mr. Kevin Hansen, City Engineer with reference to the following improvements: Full Street Reconstruction ndth Washington Street 42 Avenue to 44 Avenue ndth Madison Street 42 Avenue to 44 Avenue ndrd Monroe Street 42 Avenue to 43Avenue thndth 7 Street 42 Avenue to 44 Avenue Partial Street Reconstruction rdth Monroe Street 43 Avenue to 44 Avenue and this report was received by the Council on February 11, 2002, and , WHEREAS the report provides information regarding whether the proposed project in necessary, cost-effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTAthat the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting property (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $895,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on thth the 4 day of March, 2002 in the Council Chambers located at 590 40 Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Passed this 11th day of February 2002. 5) Establish Hearing Date regarding License Revocation or Suspension of Rental Property at 4610- 4612 Fillmore Street NE MOTION to Establish a Hearing Date of February 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Moshen Dessouki at 4610-4612 Fillmore Street NE. City Council Minutes February 11, 2002 Page 3 of 13 6) Approve Business License Applications MOTION to approve the items as listed on the business license agenda for February 11, 2002 as presented. 7) Approve Payment of Bills MOTION to approve payment of the bills, as listed, out of the proper fund. Motion carried Upon vote: All ayes. . PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt resolution No. 2002-09, being a Resolution regarding City Manager Compensation MOTIONsecond by Williams, by Szurek, to waive the reading of Resolution No. 2002-09, there Motion carried. being ample copies available to the public. Upon vote: All ayes. MOTION by Williams, second by Szurek, to adopt Resolution No. 2002-09, being a Resolution regarding City Manager Compensation. Nawrocki stated he was still not enamored with the City Manager, and felt that he needed to spend more time in the office and less time out networking. Nawrocki wanted more recommendations, alternatives, and follow up. Nawrocki stated the salary adjustment is out of line. He gave wage comparisons to other cities, his increases and deferred compensation benefits received. Williams stated that we can all improve in our job. He suggested that Fehst spend more time outside of his office, as he has a competent staff, and has a large responsibility to our citizens. Wyckoff stated that she would not vote for this wage increase, as it includes the year 2003. She indicated that the contract states the manager is to be reviewed every April, and therefore, should not be guaranteed a raise in advance of the review. Fehst stated that a review could still be done. Szurek indicated it was unfair that the Council before her had not reviewed the manager and given just compensation. When the manager was reviewed, Council decided to make up for the lack of adjustment by the previous Council. Fehst stated that according to the pay equity program the manager’s salary should be $8,000 to $10,000 more a year. Nawrocki listed the manager’s salary in 2000 and additional compensation received at that time, including benefits package and felt this to be an adequate salary. Williams listed improvements to the City in the last five years and stated the need to support our manager. Peterson stated the expectation is for Mr. Fehst to do a better job. He stated that the manager is the top employee of our City, and the salary increase into 2003 is considered a vote of confidence. Peterson stated he is pleased with Fehst’s work. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; and Peterson aye. 3 ayes –2 Motion carried. nayes. City Council Minutes February 11, 2002 Page 4 of 13 RESOLUTION NO. 2002-09 RESOLUTION REGARDING THE CITY MANAGER’S COMPENSATION WHEREAS, on February 4, 2002, the City Council met at an executive session to review the City Manager’s performance and compensation; and, WHEREAS, the City Council agreed to make modifications to the City Manager’s compensation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modifications to the City Manager’s compensation, consistent with pay adjustments granted other employees: 1. Effective January 1, 2001: 3 ½% pay adjustment 2. Effective January 1, 2002: 3 ½% pay adjustment 3. Effective January 1, 2003: 3 ½% pay adjustment Passed this 11th day of February 2002. 2) First reading of Ordinance #1445, being an Ordinance pertaining to Procedure on Ordinances MOTION by Williams, second by Szurek, to waive the reading of Ordinance No. 1445, there being Motion carried. ample copies available to the public. Upon vote: All ayes. MOTION by Williams, second by Szurek, to schedule the second reading of Ordinance No. 1445, an ordinance pertaining to Procedure on Ordinances, to February 25, 2002, at approximately 7 p.m. Nawrocki stated that he would miss the next two Council meetings, and as the statute calls for Charter amendments by Ordinance to be voted on by all members, he suggested having the second th reading of the ordinance at the March 25 City Council meeting. MOTION amended by Williams, agreed to by Szurek, to change the second reading date to March th 25, 2002 instead Peterson stated that Tammera Ericson, Charter Commission Chairperson, would arrive later in the meeting to explain this ordinance. Motion carried. Upon vote of the amended motion: All ayes. 3) Second reading of Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code. MOTION by Wyckoff, second by Williams, to waive the reading of Ordinance No. #1444, there Motion carried. being ample copies available to the public. Upon vote: All ayes. MOTION by Wyckoff, second by Williams, to adopt Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code (Section 6.303) and establishing a Newsstand Ordinance. Nawrocki asked to see the language of the existing ordinance. Hansen stated that a copy of the current ordinance was in the Council letter packet of the first reading of the ordinance. Nawrocki stated that, if approved, there would be two courtesy bench ordinances on the books. Jim Hoeft, City Attorney, stated that this ordinance replaces the current code section 6.303. Nawrocki stated his concern was that benches be provided for people riding public transit, and wanted to know if new benches would replace the old benches. He referred to the nine-foot right of way requirement. City Council Minutes February 11, 2002 Page 5 of 13 Hansen stated that the streetscape project would allow for decorative benches on Central Avenue to replace bus benches and other locations of the Council’s choosing. Hansen stated that based on work session discussions, staff added that where existing conditions do not allow a three foot setback from the curb, the Engineer may consider other distances, but never less than eighteen inches. Hansen stated that of the 22 current benches, there are only five that do not meet the front footage th requirement. Nawrocki questioned 37 and Central. Hansen stated the bench placement decision would wait until Metro transit determines their bus stops before placing a bench in that area. Hansen stated that this ordinance was for clarification of the bench ordinance, and to introduce a newsstand ordinance confining them to a defined area. Wyckoff asked where the boxes would be allowed. Hansen stated that they could be in enclosed areas such as bus stop shelters, mall entrances and other places next to garbage cans. Hansen stated that the proposed ordinance had been passed on to U.S. Bench. Wyckoff asked if this would allow removal of non-complying boxes. Hansen stated that 30 days from passage we would try to locate the owners and inform them to remove their boxes, or just have them removed. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. ) (Ordinance printed at the end of this document Bid Considerations - none Other Business Consideration of change in six hour parking ordinance. MOTION by Williams, second by Szurek, to leave Ordinance #7.205(1) as is, with no changes. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, aye; Peterson, aye. 4 ayes –1 nay. Motion carried. Wyckoff asked that this issue be referred to the Traffic Commission, as limiting parking to six hours is outdated. Wyckoff listed communities that do and do not have a parking ordinance. Wyckoff stated that this rule is broken every day, and has the feel of “Big Brother’ watching. Parking should be allowed 24 hours a day and only restricted for snow removal operations. Wyckoff stated that if we have the rule, it should be enforced, but the only people tagged are residents whose neighbors are mad at them and call to complain. Williams stated that many senior citizens walk in the street because there are no sidewalks, and if there were no parking regulations, they would not have anywhere to walk. Chief Johnson stated that enforcement is only by complaint. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reminded City Council members of the Tuesday, February 12, 2002, 7 p.m. Landlords meeting. Report of the City Attorney Wyckoff questioned if the requirements of the Tycoon liquor license are being met. Hoeft stated that the owner attempted to obtain an order for protection, but the Judge would not sign it. Peterson stated that a condition of the license is that her husband not be on the premises, and the license would be revoked if the Police Department can prove he was there. Wyckoff asked if there have been problems at this site. Johnson stated there have not been problems, and there have been random checks of the site. Nawrocki indicated that the City Attorney had stated this issue would be revisited in April. City Council Minutes February 11, 2002 Page 6 of 13 Additional discussion on Ordinance pertaining to Procedure on Ordinances Tammera Ericson, Chairperson of the Columbia Heights Charter Commission, stated this was in th reference to City Charter Chapter 3, Section 19. This change would require a 4/5 vote to waive the reading of an ordinance rather than a unanimous vote. She referred to the unwillingness to waive the reading of an ordinance as a stall tactic, therefore costing the City a great deal of time and money. She referred to the zoning ordinance presented last year and staff reading the 200 page document onto audiotapes, but ultimately was not played for the public. Ericson stated that if a Councilmember felt the need for an ordinance to be read, they should be able to persuade at least one of their peers that there is a valid reason to read the ordinance. Nawrocki stated that this is the first time he was made aware that staff had recorded the proposed zoning ordinance, but they were not directed by Council to do so. He indicated that the original zoning ordinance was read, but he would not have it read out of spite. Nawrocki explained that he did not want the ordinance read word for word, but wanted it discussed section by section, as it is important to have people understand what is being proposed. Nawrocki stated that the Planning and Zoning Commission spent many hours on this, but they are not the Council and he felt the Council needed to have more time spend on discussion. He felt he had no alternative but to have it read, even though that would have be more detail than he wanted. Nawrocki stated that he found it interesting that shortly after this event Williams had an ordinance read. Szurek indicated that the Planning and Zoning Commission did a thorough review, met many times and all meetings were open to the public to review and update the ordinance. Szurek stated that Nawrocki indicated he would waive the reading if more questions were allowed. Nawrocki stated this was only to safeguard our citizens and he did not want it read. He felt taping the ordinance was premature and a waste of time. Erickson stated that the recommended change was to help the governing of the City in a more efficient way. If this ordinance does not pass, the Charter Commission will have the issue placed on the ballot in November. Peterson thanked the Charter Commission, and stated this change was a good idea and felt it should be approved unanimously. Peterson stated that other Councilmembers and the public were satisfied with the zoning ordinance process, but that Councilmember Nawrocki was given another night meeting to have staff answer his questions; and in preparation, staff moved forward and read the ordinance on tape. Wyckoff asked Ericson if this would have still been recommended if the zoning ordinance issue had not th happened. Ericson stated yes, that the 4/5 vote would assure the integrity of the process. Nawrocki stated that prior to the zoning ordinance discussion, no one was aware that the Charter required a unanimous vote to waive the reading of an ordinance. Peterson thanked Ms. Ericson and Mr. Hartel for attending. GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the December 26, 2002, Park and Recreation Commission · Meeting of the January 23, 2002, Park and Recreation Commission · Meeting of the February 5, 2002, Planning and Zoning Commission CITIZENS FORUM Deb Johnson, 4638 Pierce Street, stated that Apache Plaza will be removed and developers are submitting ideas. She referred to a letter in the Northeaster which spoke unkindly of Columbia Heights. She stated that she wants to stay in this community and listens to the hopes for improvement, but asked Council to proceed with caution on types of businesses considered. Johnson felt Columbia Heights is a desirable area and a lot City Council Minutes February 11, 2002 Page 7 of 13 of companies would be interested in moving here. She felt that we are an established community that needs some realignment. Johnson stated that she knows it would take time to improve things, but would watch and be patient. Fehst stated he too was upset with the letter in the newspaper, and gave figures relative to the decrease in crime in Columbia Heights. Fehst stated that Council would have to take risks for these improvements, and would appreciate resident support. COUNCIL CORNER Nawrocki asked again what the $53,000 of recycling money was used for and the previous year’s AMM membership fee. Fehst stated that the recycling information was in last week’s green sheet. Nawrocki asked that staff go back to the same communities that participated in the survey on work sessions and ask specific questions on how many full meetings they have, if there is a consent agenda, if they received a full packet or if the meetings are for a limited number of items. Nawrocki referred to the statistics from our web site in the green sheet, and felt that number only reflected hits on the site. Wyckoff congratulated Jean Kuehn, Special Projects Coordinator, on our informative City web site. Wyckoff stated that the “Taste of Heights” would be Sunday, March 24, from 4:00 to 8:00 p.m. at Murzyn Hall. The Human Services Commission will decide, at their February meeting, what restaurants will be featured. Council Tidbits Peterson suggested the Council meeting end with a Council tidbit, or a point to ponder read by a Councilmember or staff member. Councilmembers Williams, Szurek, and Nawrocki, and Mayor Peterson recited a quote. ADJOURNMENT Mayor Peterson stated: “Don’t take ourselves to seriously, enjoy life and do a random act of kindness”. Mayor Peterson adjourned the meeting at 9:57 p.m. ______________________________ Patricia Muscovitz, Deputy City Clerk City Council Minutes February 11, 2002 Page 8 of 13 ORDINANCE # 1444 BEING AN ORDINANCE AMENDING THE COURTESY BENCH SECTION OF THE CITY CODE (Section 6.303) AND ESTABLISHING A NEWSSTAND ORDINANCE The City of Columbia Heights does hereby amend City Code Section 6.303 to read as follows: Purpose. The purpose of this ordinance is to regulate the placement and maintenance of Courtesy Benches for public transit in public right-of-ways and on private property if the bench is within three (3) feet of the public right-of- way. Benches without advertising signs that are located on private property and more than three (3) feet from the public right-of-way are exempt from the provisions set forth in the advertisement restriction section of this ordinance, but are subject to all other applicable sections of this code. Permit Required. It is unlawful for a person to place a Courtesy Bench in a public right-of-way or on private property within three (3) feet of the public right-of-way without first obtaining a permit as provided in this section. (1) This section shall apply to all existing and future Courtesy Benches installed within said City. The Courtesy Bench owner shall renew the permit once issued annually. (2) The permit period shall be from April 1 to March 31 annually. (3) Permits for courtesy benches will be granted only on existing and approved Metro Transit bus routes within the City, on the condition that the bench locations satisfy the location requirements set forth by the City. Permits and Applications. Application for permits shall be made to the Community Development License/Permit Clerk or designee of the City Manager. The application shall contain the following information: (1) Scale drawing showing the size and location of the Courtesy Bench relative to all other objects on the property including the layout of applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects within the vicinity; (2) Name, address and phone number of applicant; (3) Detailed plans and specifications of each proposed bench, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using only the front, or seating side surface of the bench rest. Advertising material may not exceed the length of the bench. (4) A current general liability Certificate of Insurance from an insurance company that is rated “A” or better by A.M. Best Company and authorized to conduct business in the State of Minnesota, naming the City as additional insured in the minimum amounts as follows: # of Bench Permits Limit of Liability i. 1-10 Benches $250,000 ii. 11-50 Benches $500,000 iii. 50 or more $1,000,000 City Council Minutes February 11, 2002 Page 9 of 13 for any and all claims arising out of the use or existence of the Courtesy Bench(s) and approved by the City Manager or designee of City Manager. The certificate shall provide for automatic notification of the City with a minimum 30 days advance notice in the event of cancellation. (5) A graphic showing the public transportation bus service that serves the proposed Courtesy Bench and the specific bus stop location and number, if applicable. (6) An executed hold harmless agreement from the permittee, approved by the City Manager or designee, protecting the City from any and all claims arising out of the use and existence of the Courtesy Bench; (7) Written consent from the abutting property owner for placement of any bench on private property within three (3) feet of the public right-of-way. The abutting property owners shall be deemed to be the person or entity shown as such on the Anoka County tax records. (8) The application shall be forwarded to the City Engineer for review and recommendation. (9) Such other information that the City Manager may require Conditions Governing Issuance of Permits. This section governs the issuance of a permit for a Courtesy Bench. (1) Permit for Each Bench. A separate permit is required for each Courtesy Bench, but renewals may be granted for more than one location on the basis of a single application - provided that the City Manager or city designee is satisfied that all the information required by this section has been supplied for each proposed Courtesy Bench. (2) Transfer: New Permit. If a Courtesy Bench for which a permit has been issued is sold or title or control thereof is transferred or assigned, a new permit shall be required. (3) Location. No permit may be issued for the installation of Courtesy Benches, on approved transit routes in the following places: (A) on a transit route upon which the City has constructed or has let a contract to construct a public street beautification (streetscaping) project. (B) on a public sidewalk where the right-of-way is less than nine (9) feet in width or on any private sidewalk or trail without the written consent of the abutting property owner; (C) in an alley; (D) at any location more than 50 feet from the nearest point of intersections with a street, unless the City Manager so authorizes; (E) within 15 feet of any intersection or other locations as the City Manager may determine which impedes safety by obstructing the vision of pedestrians or motorists; (F) other locations, which the City Manager or staff member determines would potentially restrict pedestrians’ traffic, pose a snow and ice control problem, obstruct vehicular traffic or otherwise be detrimental to the public safety, convenience or welfare. Permit Fees. Fees for Courtesy Benches shall be as set forth in the City of Columbia Heights Licensing Fee section. City Council Minutes February 11, 2002 Page 10 of 13 Insurance Requirements. Permit holders shall deliver to and keep on file with the City’s Finance Department a current general liability Certificate of Insurance meeting the requirements of this ordinance, naming the City of Columbia Heights as an additional insured. The insurance shall be maintained in its original amount by the permit holder at his or her expense at all times during the period for which the permit is in effect. When two or more permits are issued to one person one insurance policy may be furnished to cover two or more Courtesy Benches, and the policy shall be of a type which coverage is automatically restored upon occurrence or any accident or loss from which liability may hereafter accrue. Permits: Approval and Issuance. If the City Manager is satisfied that all of the conditions stated in this section have been met and that the creation and maintenance of the Courtesy Bench at the proposed location will not restrict pedestrian traffic or otherwise be detrimental to public safety, he shall approve the application. The License/Permit Clerk shall not issue a permit until the insurance and hold harmless agreement are provided and approved by the City. Revocation of Permit . The City Manager may revoke or deny renewal of any permit for failure to comply with the provision of this ordinance, the Zoning Code, for misrepresentation of material facts in the original application, for failure to maintain the Courtesy Bench, because the bench is considered a safety hazard, because the bench location is no longer served by the public transportation, because the transit route on which the bench is located has or will be included in a streetscaping project or for any reason which would have been grounds for denial of the original application. All courtesy bench locations are subject to a site plan review by the City’s Engineering Department. If the courtesy bench location is deemed unsuitable by the Engineering Department, the permit will be revoked by the City Manager or appointed designee. Installation and Maintenance. (1) Location. Courtesy Bench shall be installed parallel with the curb, sidewalk or trail, and set back at least three (3) feet from the back of the curb. Further, there shall be a minimum clearance of six (6) feet from the back of the bench to any structure or landscaping along or near any sidewalk to provide for sidewalk snowplow clearance. Any bench installed on a sidewalk or trail nine (9) feet or more in width must also provide a minimum clearance of six (6) feet between the back of the curb and front of the bench. a. Where existing conditions are such that the 3 foot setback from curb provision cannot be met, at the City Engineer’s discretion, the permit may be evaluated for other distances, but never less than 18 inches. (2) Size. Size limitations on Courtesy Benches are as follows: (A). height- 42 inches maximum (B). width- 30 inches maximum (C) length- 7 feet maximum (3) Construction. A Courtesy Bench shall be installed and maintained on a durable level surface including, but not limited to, concrete, bomanite or decorative brick. The durable surface shall extend six inches on both ends and in back of the bench. Further, the durable surface in front of the bench must extend to the back of the curb. The Courtesy Bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No Courtesy Bench shall be fastened, secured, or anchored to City property. City Council Minutes February 11, 2002 Page 11 of 13 (4) Materials. A Courtesy Bench shall be constructed of durable materials including but not limited to concrete, wood, steel, plastic, or combination thereof, with colors limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and golds. (5) Permit Display. Each Courtesy Bench shall display the permit number in a conspicuous place. (6) Conditions. It is the responsibility of the permittee to maintain each bench in a safe condition and to keep benches neat, clean and in usable condition. The permittee shall keep the Courtesy Bench and bench base free of ice and snow and accessible. (7) Advertising Matter. Advertising matter may be displayed only on the front (roadway side) surface of the backrest of a Courtesy Bench and shall not exceed 12 square feet in surface area. No advertising matter on any Courtesy Bench may display any word, phrase or symbol, reflective material or illumination device which might interfere with, mislead or distract traffic. Any political advertising displayed on a Courtesy Bench shall be subject to the time restriction for such advertising or political signs as set forth elsewhere in the City Code and State Statue. Removal of Benches. (1) Notice. Upon the revocation or expiration of any permit without renewal, the permitee shall remove the Courtesy Bench promptly. The permittee shall also be required to remove the concrete slab and reseed the slab area at its cost if so directed by the City Manager. The City Manager may remove the bench after thirty days mailed notice to the permittee and the cost of removal, including removal of the slab and resodding of the slab area, shall be paid by the permittee. If the permittee fails to pay the cost within 60 days after receiving notice from the City Manager, the bench shall become the property of the City, but the permittee will remain liable for the cost of removal, restoration and storage of the bench. No permit or renewal shall be granted to the permittee until all such costs are paid in full. (2) Summary Removal. A Courtesy Bench placed in the public right-of-way in the City, contrary to the provisions of this Section, may be summarily removed by the City Manager, pursuant to Minnesota Statutes, Section 160.27, subdivision 6. Registration of permits Obtained from Other Road Authorities. (1) When a Courtesy Bench is placed in the City within the limits of a street or roadway subject to the control of a road authority other than the City as defined in Minnesota Statues, Section 160.02, the person placing the bench shall file proof of permission from the other road authority with the City Manager. NEWSSTANDS Definition. Employment advertising stands, realty advertising stands and other advertising stands or racks used for the free . Excluded distribution of material are herein referred to as Newsstands from this definition are newspaper racks, used for the sale of daily newspapers such as the Minneapolis Star Tribune, St. Paul Pioneer Press, or a local City Newspaper. General Operation. The purpose of this ordinance is to regulate the placing and maintenance of newsstands in public-rights-of-way. This ordinance was created to promote the public health, safety and welfare through the regulation of placement, type, appearance and servicing of newsstands on public rights-of-ways so as to: (1) Provide for pedestrian and driving safety, convenience, and comply with local, state, or federal handicapped accessibility regulations. City Council Minutes February 11, 2002 Page 12 of 13 (2) Restrict unreasonable interference with the public use of the public right-of-way and with the flow of pedestrian or vehicular traffic from any residence or business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles. (3) Provide for the safety of people and property during periods of heavy snow, storms, and other adverse weather conditions, and for the proper functioning of the city’s safety and sanitation forces. (4) Provide reasonable access: For the use and maintenance of poles, posts, traffic signs or signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza benches, United States postal services mailboxes, parking meters and other public fixtures; and to locations used for public transportation purposes. (5) Relocate and/or replace newsstands that result in a visual blight and/or excessive space allocation on the public rights-of-ways of which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, both public and private, as well as to remove abandoned newsstands. (6) Maintain and protect the values of surrounding properties, and protect and preserve public property. (7) Reduce unnecessary exposure of the public to personal injury or property damage. (8) Treat all publications equally regardless of their size, content, circulation, or frequency of publication. (9) Maintain and preserve freedom of speech and freedom of the press. (10) Protect and enhance the city’s attraction to residents, tourists and visitors, and serve as a support to stimulus to business and industry, by enhancing the visual and aesthetic character and interest of the city. Newsstands may not be attached in any way to Courtesy Benches permitted by the City of Columbia Heights. Furthermore, newsstands may only be placed in enclosed spaces, such as private building corridors or bus shelters, provided trash receptacles are available. Installation and Maintenance (1) News stands shall not exceed (60) sixty inches in height, (30) thirty inches in width, or twenty-four (24) inches in depth. (2) No advertising signs or materials, other than those advertising the name of the publications contained within the newsstand, shall be displayed on the outside of any stand, rack or corral. (3) Each newsstand shall have stenciled or otherwise permanently affixed to it, in a readily visible place, a notice setting forth the name, address, and telephone number of the newsstand owner. (4) Each newsstand shall be maintained in a neat and clean condition and in good repair at all times. Each newsstand shall be serviced and maintained and/or replaced if necessary, so that: (1) it is reasonably free of dirt and grease; (2) it is reasonably free of chipped, faded, peeling and cracked paint in the visible painted area thereof; (3) if it is free of graffiti or other writing or pictures added without the permission of the owner; (4) it is reasonably free of rust and corrosion in the visible metal areas; (5) the clear plastic or glass parts, if any, through which the publication therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration; (6) the structural and solid parts thereof are not broken, do not contain holes; (7) the dispensing portion of each box shall be fully enclosed and weatherproof so as to keep publications dry and free of snow and dirt; (8) all surfaces shall be of sturdy impact resistant materials; and (9) it shall contain no sharp corners or sharp protrusions. (5) Newsstands for free publications may omit the coin box and may have a pull bar attached to the door in order to produce an “honor rack. Enforcement Procedures. (1) Any newsstand installed in violation of the provisions of this ordinance shall be tagged with an administrative tag stating the violation, date of tagging, and notice of intention to remove the newsstand if the violation is not corrected within (10) days. The City Manager may remove the newsstand ten days City Council Minutes February 11, 2002 Page 13 of 13 after notifying the newsstand owner by mail. If the permittee fails to remove the newsstand after receiving notice from the City Manager, the newsstand shall become the property of the City, but the permittee will remain liable for the cost of removal, restoration and storage of the newsstand. No permit or renewal shall be granted to the permittee until all such costs are paid in full. (2) Any newsstand in violation of the provisions of this chapter, which violation creates an immediate and substantial danger to the health, safety, or welfare of the public, which violation cannot be quickly and easily corrected by moving or otherwise repositioning the news rack, may be removed and stored in a secure location so as to eliminate the danger to the health, safety and welfare of the public. (3) Newsstands placed in the public right-of-way in the City, contrary to the provisions of this Section, may be summarily removed by the City Manager, pursuant to Minnesota Statutes, Section 160.27, subdivision 6. Abandoned Newsstands. (1) A newsstand shall be deemed abandoned when no publications provided by registered news stand owner is in the newsstand for a period of more than thirty (30) consecutive days, or when the news stand and location have not been included on a master list as required under this chapter. (2) In the event a newsstand is found abandoned on the public right-of-way within the city, the City Manager or designee shall cause the removal of said newsstand. Registration of permits Obtained from Other Road Authorities. (1) When a newsstand is placed in the City within the limits of a street or roadway subject to the control of a road authority other than the City as defined in Minnesota Statues, Section 160.02, then the person placing the newsstand shall file proof of permission from the other road authority with the City Manager. This ordinance shall be in full force and effect from and after thirty days (30) days after its passage. First Reading: January 28, 2002 Second Reading: February 11, 2002 Date of Passage: February 11, 2001 Offered by: Wyckoff Seconded by: Williams Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki