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Home My WebLink AboutFebruary 11, 2002 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421*3878 (763) 706-3600 TDD (763) 706-3692 Visit Otty Website at: WwmEi. cohtmbia-heights.~nn.us ADMINISTRATION February 8, 2002 Ma. For Gary L. Peterson Councilrnembers Marlaine Szurek Julienne IVyclmff Bruce Nawrocki Robert ~i. Williams City Manager Waiter R. Fehs! The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, February 11, 2002 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 Peter Law - Community Methodist 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE e 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.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations - none C) Introduction of New Employees 1) Mindy Hicks - Library Clerk D) Recognition - none 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) Minutes for Approval MOTION: Move to approve the minutes of the January 28, 2002 regular City Council meeting as presented. 2) Authorize payment of County Expenses MOTION: Move 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: Move 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. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER C~ty £ounc~l Agenda February 1 I, 2002 Page 2 of 3 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, 200? Move to waive the reading of Resolution 2002-08, there being ample copies available for the public. Move to adopt Resolution No. 2002-08, which accepts the Feasibility Report for Zone 6A Street Rehabilitation (with the 7th Street option) and establishes the Public Improvement Hearing for March 4, 2002. 5) Establish Hearing Date regarding License Revocation or Suspension of Rental Property at 4610- 4612 Fillmore Street NE MOTION: Move 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. 6) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 11, 2002 as presented. 7) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. 6. PUBLIC HEARINGS ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt resolution No. 2002-09, being a Resolution regarding City Manager Compensation MOTION: Move to waive the reading of Resolution No. 2002-09, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-09, being a Resolution regarding City Manager Compensation. 2) First reading of Ordinance #1445, being an Ordinance pertaining to Procedure on Ordinances MOTION: Move to waive the reading of Ordinance No. 1445, there being ample copies available to the public. 3) MOTION: Move 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. Second reading of Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code. MOTION: Move to waive the reading of Ordinance No. #1444, there being ample copies available to the public. MOTION: Move to adopt Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code (Section 6.303) and establishing a Newsstand Ordinance. B) Bid Considerations City Council Agenda February 11, 2002 Page 3 of 3 C) Other Business 1) Consideration of change in six hour parking ordinance. MOTION: Move to leave Ordinance #7.205(1) as is, with no changes. ALTERNATE MOTION: move to direct staff to take required steps to change the six-hour parking ordinance to a hour parking ordinance. ALTERNATE MOTION: Move to direct staff to bring this issue before the next Traffic Commission meeting in order to set up and hold a public hearing on the issue and to report back to the Council with the results. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the December 26, 2002, Park and Recreation Commission 2) Meeting of the January 23, 2002, Park and Recreation Commission 3) Meeting of the February 5, 2002, Planning and Zoning Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER (Council tidbit) 12. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR CITY COUNCIL MEETING JANUARY 28, 2002 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 28, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Pastor Dave Briley of Oak Hill Baptist Church gave the Invocation prior to the meeting. CALL TO ORDER Mayor Peterson called the meeting to order at 7:00 p.m. ROLL CALL Present: Mayor Peterson, Councilmcmber Szurek, Councilmember Wyckoff, Councilmembcr Williams and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA. none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations - none Introduction of New Employees 1) Police Chief Tom Johnson introduced Christine Okerstrom, Community Service Officer, and gave her background, stating that she is a seven-year veteran of the Columbia Heights Explorer program. Christine Okerstrom thanked the Council for the opportunity to work for the City of Columbia Heights. 2) Keith Windshitl, Recreation Director, introduced Kelly Becker, Recreation Program Coordinator, and gave her background. Kelly Becker thanked the City Council for the opportunity to use her ideas for Columbia Heights. Recognition 1) Police Chief Tom Johnson, Fire Chief Charlie Thompson, and Mayor Peterson honored Robert Trester for his act of bravery on December 13, 2001 when he pulled a victim from a burning vehicle, saving his life. Mr. Trester received a plaque from the Police Department and the Fire Department. Presentations Jim McComb, McComb Group, LTD, presented the Downtown Columbia Heights Market Study and presented a copy of the report, the appendices and the summary to the City Council. McComb referred to a map showing the downtown study area. He listed statistics on the number of businesses and the types of businesses in Columbia Heights, access, retail census, traffic counts, municipal liquor store projections, and rent ratios. He stated that business owners and realtors were interviewed. Of 18 businesses surveyed, only four returned the survey. The responses were similar to other communities. McComb referred to improving facades of old buildings. McComb gave population and household incomes and stated that incomes are very solid in the community. He stated that businesses tend toward the budget category, but the emphasis needs to be turned to a higher category. He discussed development potential, and retail space potential, and City Council Minutes January 28, 2002 Page 2 of 13 estimated there could be and additional 37,500 to 70,400 square feet added to the business district at market rate. McComb stated that there has been concern about ethnic retailing, but our trade area demographic is Caucasian, and that small ethnic groups would not draw the demographics. Columbia Heights should cater to a broader audience. McComb identified types of businesses to try to attract, and restated the importance of storefront design and guidelines so businesses and owners know what to expect. He suggested the City develop financial assistance programs through grants, low cost loans, programs and creative resources. McComb suggested hosting a meeting of business owners, realtors and tenant representatives of potential stores to discuss objectives. Fehst referred to borrowing money at low interest rates to make low rate loans available for businesses, or a minor grant program for things like signs. Mark Nagel, Community Development Assistant, stated he hopes to have a restructure of the Business Revolving Loan Fund available for the EDA to review in March. McComb stated that it is best to have a parcel-by-parcel, building-by-building approach to redevelopment. McComb stated the City should market our community to desired businesses, and once you find the tenant there are always developers to build the building. McComb referred to getting help from someone that understands the tenant market and the leasing process, but is not a broker. McComb indicated the to Brookdale Mall as an example. Wyckoff referred to the closing of the Marshall's store in town, and stated she would like to see another such retailer in our city. McComb stated that this area is not big enough for that type of retailer. McComb stated that casual dining American cuisine is lacking in this community, like a Champs, Chili 's, or Olive Garden. Wyckoff referred to businesses such as Sahibs and the small Mexican restaurant in Hilltop in comparison to restaurants such as LaCasita. McComb noted an error on the trade area map. CONSENT AGENDA MOTION by Nawrocki, second by Wyckoff, to approve the Consent Agenda items, with the removal of items #7, #13, as follows: City Manager Walt Fehst referred to a correction in the Council letter regarding the purchase of a Police car and that the correct price of the vehicle manual would be $145. 1) Minutes for Approval MOTION to approve the minutes of the January 14, 2002, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates for Monday, February. 4, 2002 at 7:00 p.m. and Tuesday, February. 19, 2002 at 7:00 p.m. (delete Tuesday, February 19, 2002 meeting) MOTION to establish a Work Session meeting date for Monday, February 4, 2002 at 7:00 p.m. in the City Council Chambers. Fehst listed work session items for February 4, 2002:financial reports review, Zone 6A Feasibility Study, six hour parking determination, Historical Society space needs, and financing for community development improvements. City Council Minutes January 28, 2002 Page 3 of 13 Wyckoff stated that Tuesday, February 19 would normally be an EDA meeting. Fehst suggested deleting the meeting of the 19th. 3) Establish Ci.ty Council and Rental Property Owner meeting for Tuesday, February 12, 2002 at 7:00 p.m. MOTION to establish Tuesday, February 12, 2002 at 7:00 p.m. for a joint City Council and Rental Property Owner meeting at Murzyn Hall. Fehst stated that Officer Sturdevant has invited the City Council to attend the next Rental Property Owner's meeting, and if more than two Council members attend this would need to be declared a public meeting. 4) Establish Date for the Local Board of Review meeting MOTION to set the date for the Local Board of Review meeting for Monday, April 1, 2002, at 7:00 p.m. in the City Council Chambers. 5) Authorize entering into the 2002 Joint Powers Agreement with Anoka County for the Residential Recycling Program MOTION to authorize the Mayor and City Manager to enter into the 2002 Joint Powers Agreement with Anoka County to provide coopera~tion between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $53,779.85 available as reimbursement for eligible expenses. 6) Fehst stated this is a yearly contract with Anoka County for our recycling program, which is handled by Jean Kuehn, Recycling Coordinator. Nawrocki asked how the money is to be used? Fehst stated the same as in previous years, and he would get this information to the City Council Authorize payment of the 2002 Association of Metropolitan Municipalities membership dues MOTION to authorize payment of the 2002 Association of Metropolitan Municipalities membership dues in the amount of $5,343.00. 7) Nawrocki asked the amount of the increase. Fehst stated he could get this information for Council. Adopt Resolution No. 2002-07 being a resolution to authorize the acquisition of 3722 Central Avenue - Removed Wyckoff stated that this house was in an estate trust for all of the children. City Attorney Jim Hoefi stated that we are aware of this. 8) Authorization to purchase one Police vehicle MOTION to authorize the purchase of one 2002 Ford Crown Victoria Police vehicle, along with service and parts manuals, per the State of Minnesota bid, with funding to come from 431-42100- 5150 in the amount of $21,026; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki felt it would be best to delay this purchase until we know what our State funding would be. Johnson stated that for May to June delivery, the order must be placed by January 29, 2002. Nawrocki stated that the bid price was available until September. Johnson stated yes, but that ordering and taking delivery in a timely manner is the question. Fehst stated that staff has been made aware of possible cuts, but we have already delayed two other police vehicles requested this year. City Council Minutes January 28, 2002 Page 4 of 13 9) Decline Regional Taxi Cab Vehicle and Driver Joint Powers Agreement MOTION to decline the invitation to be a part of the regional taxicab vehicle and driver joint powers organization. Fehst recommend authorizing the Police Chief to continue to accept taxicab licensing of Minneapolis, St. Paul, Bloomington, and the Airport Commission, and not enter into this agreement. Nawrocki felt there shouM be a licensing process or over site of taxicabs. He stated that the original intent was to join in with this Joint Powers Agreement, but now the Police Chief has commented about possible liability and costs. Nawrocki stated he saw no provision in the agreement to assess costs back to the communities. Fehst stated that the recommendation was to not join at this time, and stated that we are better served now than in the past. It is staff's belief that this commission would at some point request funding from members, dim Hoefi, City Attorney, was concerned that the agreement would change to include fees and creates additional liability for us by being part of the commission. 10) Approve reallocation of unspent CDBG funds MOTION to approve the reallocation of $44,000 of unspent Community Development Block Grant (CDBG) Funds from Year 2000 Project #030 to be reallocated for use in acquisition related purposes of 3955 University Avenue and applied to Year 2001 Community Development Block Grant (CDBG) Project. Fehst stated background information on CDBG funds used, and on this request to purchase additional property and make it ready for development. 11) Approve Public Works Blanket Purchase Orders for 2002 MOTION to authorize staff to process blanket purchase orders for 2002 for: annual satellite rental for seven City parks with Biffs in an amount not to exceed $9,100.00, and De-icing salt for salt/sanding operations purchased off the State of Minnesota contract in an amount not to exceed $34,000.00, for 2002. Fehst stated that Biffs are contracted through the County and ice salt through the State contract. 12) Approve Renewal of Professional Services for Continuation of Safety Management Program support for Public Works MOTION to accept the proposal dated December 20, 2001 from Integrated Loss Control, Inc., for Safety Management Program Support services for the Public Works Department in an amount not to exceed $7,224.00; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated that this program is in its third year regarding risk management, and safety of employees and the public. The City Council will consider a lesser involvement in this program next year. 13) Establish 2002 Rental Inspection Program Fees - Removed. Fehst stated that these fees have be brought before City Council and adjusted several times. There will be a 50percent increase in inspection fees for rental properties, but fees have not been increased since 1991. Multi-unit complexes will be raised slightly and fees have been raised extensively for reinspections and reinstatement of licenses. City Council Minutes January 28, 2002 Page 5 of 13 l'Vyckoff requested this be removed from the Consent Agenda, as she would like it tabled until after the joint City Council/Landowners meeting. 14) Approve Re-Issue of Rental Housing License after Revocation MOTION to issue a Rental Housing License to Donald Ferry to operate the Rental property located at 4536-38 7th Street in that the provisions of the Residential Maintenance Code have been complied with. 15) Approve Rental Housing License Applications MOTION to approve the items listed for rental housing license applications for February 4, 2002 in that they have met the requirements of the Housing Maintenance Code. 16) Authorization to seek bids for 2002-2003 Diseased Tree Removal MOTION to authorize staff to seek bids for the 2002-2003 Diseased Tree Removal Program. 17) Authorization to seek bids for road materials MOTION to authorize staff to seek bids for the purchase of road materials. 18) Approve Business License Applications MOTION to approve the items as listed on the business license agenda for February 4, 2002 as presented. 19) Change orders for City Hall roofing project MOTION to authorize the City Manager and Mayor to enter into an agreement with Thermex Corporation for several miscellaneous change orders on the roofing HVAC project totaling $6,482. Fehst stated the additional expense was a result of the pre-bid meeting with the consultant and bidders; and as timing was critical, the determination was to work on a time and material basis and to reuse and refit items. These additional items were completed with the HVAC replacement. 20) Approve Payment of Bills MOTION to approve payment of the bills, as listed, out of the proper fund. Peterson removed item #7 and #13 from the consent agenda. Upon vote: Ayes: Peterson, Szurek, Wyckoff, Nawrocki, Williams. Motion carried. //7 Acquisition of 3722 Central Avenue. MOTION Szurek, Williams, second and Williams to waive the reading of Resolution No.2002-07, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Szurek, second by Williams, to adopt Resolution No. 2002-07, being a resolution to approving the purchase of property at 3722 Central Avenue NE for $80,000 and funds to be taken from the Community Development Block Grant Commercial Revitalization account and in addition, to allocate $1,500 for moving expenses from the same CDBG fund. Nawrocla' stated that he was opposed to this purchase, as there is not a designated use for the property. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. City Council Minutes January 28, 2002 Page 6 of 13 RESOLUTION 2002 - 07 BEING A RESOLUTION AUTHORIZING THE PURCHASE OF 3722 CENTRAL AVENUE N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City) has an on-going Community Development Block Grant (CDBG) funded Commercial Revitalization Program; and WltEREAS, the City has found that there exists conditions of deterioration, substandard residential structure, in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such residential property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Vera Johnson (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City Council hereby approves the temps of the Purchase Agreement for 3722 Central Avenue N.E. between the City of Columbia Heights and Vera Johnson and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $80,000, and allocates $1,500 for moving expenses, which is established as the fair market value based on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. 2. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payment of the purchase cost from the City Community Development Block Grant Program funds. Passed this 28th day of January 2002. Offered by: Nawrocki Second by: Wyckoff Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams Nay: Nawrocki #13 Establish 2002 Rental Inspection Program Fees - Removed. Dana Alexon, Assistant Fire Chief, stated that the price increase would be effective immediately upon passage of the Resolution. The first licenses due for renewal are March 1, 2002. Peterson stated that action could be taken at the second meeting in January allowing time to meet with the rental landlords again on February 12th. Nawrocki stated that he understood the intention was to have violations corrected, but re-inspection fees are doubled and triple& and the reinstatement fee is 4.5 times the annual license fee, which is being increased by 50percent. Alexon stated Council asked for a l O percent increase. Nawrocki felt this was being excessive. MOTION by Wyckoffto table Resolution 2002-05 to the February 25th City Council meeting. Second by Nawrocki. Alexon stated this would require the March applications to go out under the existing fee structure, and begin the new structure in April. Williams stated that at the last landlords meeting the owners were aware of the pending increase and in favor of the change. Alexon indicated that several property owners stated that properly managed property can avoid any re-inspection fees. Upon vote: Williams, nay; Szurek, nay; Wyckoff, aye; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion failed. Peterson stated that the feed back from the landlords meeting was that they understood the changes. City Council Minutes January 28, 2002 Page 7 of 13 Nawrocki questioned the rates and felt we must be fair to everyone. Williams supported the Resolution as a way to improve our housing stock and our community. Wyckoff stated she also supported the Resolution, but wouM like to inform rental property owners before voting. Alexon stated that if non-compliant owners contact his department they would work with them and possibly waive the fees. Alexon stated that of 558 rental properties in 2001, there were 6 brought to Council for license revocation. MOTION by Williams, second by Szurek to waive the reading of Resolution No. 2002-05, there being ample copies available to the public. Upon vote: all ayes. Motion carried. MOTION by Williams, second by Szurek, to adopt Resolution No. 2002-05, being a resolution Establishing Fees for Housing Inspections as authorized by Chapter 5A of City Code of 1977. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; Peterson, aye. 3 ayes -2 nays. Motion carried. RESOLUTION NO. 2002-05 BEING A RESOLUTION ESTABLISHING FEES FOR HOUSING INSPECTIONS AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has authorized changes to rental property licensing fees from time to time; and WHEREAS, the City finds there is a financial need to modify the rental property licensing fee at this time; and WHEREAS, modifying the rental property licensing fee will not cause the City to realize a profit from the rental property licensing program; THEREFORE, BE IT RESOLVED, that the rental property licensing fee structure listed below shall be adopted and effective March 1, 2002. Rental property license - 1 or 2 units Rental property license - 3 or 4 units Rental property license - 5 or more units Reinspection fee - all properties No-Show Fee License Reinstatement after Revocation/Suspension Passed this 28th day of January 2002 Offered by: Williams Seconded by: Szurek Roll Call: Ayes: Peterson, Szurek, Williams $22.50 per unit $75.00 per building $75.00 for first 4 units, plus $10.00 per unit over 4 $100.00 for 1st and 2nd reinspections $300.00 for 3rd and subsequent reinspections $100.00 per event 10 times annual license fee Nays: Wyckoff, Nawrocki PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 1206-1208 Circle Terrace Blvd. Mayor Peterson closed the Public Hearing, as the property has been brought into substantial compliance with the Rental Housing Maintenance Code. City Council Minutes January 28, 2002 Page 8 of 13 Nawrocki questioned substantial compliance. Peterson stated this is for the property with the retaining wall that cannot be fixed until spring. Fehst stated that he spoke to the conservator of the estate and they will fix the retaining wall in spring and will fix the gate latch soon. Nawroctd asked why this item was not tabled until it is in compliance. Alexon stated we work with them by accepting their plan. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. First reading of Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code. MOTION by Williams, second by Szurek, to waive the reading of Ordinance No. 1444, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Williams, second by Szurek, to establish February 11, 2002, at approximately 7:00 p.m. as the Second Reading of Ordinance 1444, being an Ordinance amending the Courtesy Bench Section of the City Code (Section 6.303) and establishing a Newsstand Ordinance. Upon vote: All ayes. Motion carried. Bid Considerations - none Other Business 1. Adopt Resolution No. 2002-06, being a Resolution requesting consideration to waive special assessments on the tax forfeit property at 1334 44 ½ Avenue NE MOTION by Szurek, second by Williams, to waive the reading of Resolution No. 2002-06, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Fehst stated that Anoka County appraised this property at $100, but would be asking $2, O00 for sale of the lot. Fehst stated the resident who requested waiving the assessments was not present. Williams stated there were many assessments on this property that would add about $ 7, 000 to the property value. Wyckoff stated the lot is not buildable. Fehst indicated that any construction would require placing piling which would cost $60,000 to $80,000. Peterson stated this was a sinMng sick house, which had to be removed. Peterson suggested the motion include that if the property were developed, the remaining assessments would be paid later. Peterson asked if we have discounted assessments in the past. Fehst stated there was one request where assessments were totally waived. Nawrocki stated that value would be added to the adjoining the property, and the surrounding values would be lower if the home had not been removed. He opposed any reduction of pending assessments. Peterson stated that if this person does not buy the lot, he would still have the use of it as an empty lot. He supported reducing the amount to one-half of the assessment. Wyckoff stated her fear was he would want to build on this lot. Peterson stated the deed would indicate that any building would require payment of the assessments. Steve dohnson, Planning and Zoning Commission, stated this would definitely add value to this persons property. MOTION by Szurek, second by Wyckoff, to adopt Resolution No. 2002-06 being a Resolution to waive one-half of the special assessments on tax forfeit property located at 1334 44 ~2 Avenue, P.I.N. 36 30 24 21 0075; however, should the property be sold for development, the full amount of the assessment would have to be paid. Ulty Council Minutes January 28, 2002 Page 9 of 13 Upon Roll Call Vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson aye. 4 ayes -1 nay. MOTION carried. RESOLUTION NO. 2002 - 06 WAIVER OF ONE HALF OF THE SPECIAL ASSESSMENTS WHEREAS: A certain property is considered unbuildable because of soil conditions; and WHEREAS: Said property has gone tax forfeit; and WHEREAS: Anoka County has been unable to sell the property because of the special assessments against the property for public improvements; and WHEREAS: It would be beneficial to have this lot sold to a private person for use other than building construction; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights waives one half of the $4,454.96 in special assessments on parcel 36 30 24 21 0075 providing there shall forever be the restriction that if any utilities are requested there should be charged fees equal to the current special assessments which shall be in addition to any access fees. The special assessment amount will now be $2,227.48 and all future special assessments will be charged in accordance with the special assessment policy in place at the time that any new special assessment may be levied. Passes this 28th day of January, 2002 Offered by: Szurek Seconded by: Wyckoff Roll call: Peterson, aye; Szurek, aye; Wyckoff, aye; Williams, aye. Nawrocki, nay. Carried. Finalize and accept the Goals established at the January 5, 2002 City Council Goal Setting Session MOTION by Szurek, second by Williams, to approve the attached "top 10" goal priorities for 2002 for the Community Development Department and direct the Community Development Department staff to develop implementation plans for each goal, as shown in the attached examples, and provide them to the EDA Board to monitor progress. Fehst referred to the January 5th Council goal setting session, when Councilmembers traveled our community and New Brighton for development and redevelopment prospects, and followed up with a goal setting session, facilitated by Mark Nagel, Housing Assistant and our staff Fehst proposed concentrating on the first five goals. Fehst listed the top "10" goals from the Draft 2002 Goal Implementation examples. · Industrial zoned property · Development issues for Lomianki park · Redevelopment of 40th and University · Options for Parkview Villa · Improve the housing stock of Columbia Heights. Fehst described the programs available and the agency who does this for our city. · Tax base increase · Redevelop Mady's bowl block site. · Promotion of our City and development opportunities Fehst referred to the McComb presentation. · Redevelop Jackson to Van Buren on 40th · Redevelop Radiator shop City Council Minutes January 28, 2002 Page 10 of 13 Fehst suggested having a team of people who can help us reach these goals. Hilliams called on our citizens to develop a new theme for our city. Fehst stated the word is out that Columbia Heights is interested in redevelopment and we have heard from several developers. Nawrocki stated that if we do not follow up on the McComb study it would have been a waste of money. Nawrocki referred to redevelopment of Parkview Villa, which is now in the hands of the Housing Authority. Nawrocki stated the sale of Parkview Villa would not be acceptable to him. Fehst indicated that it would be ideal to have someone with Mr. McComb 's ability encourage businesses to come into our town, and that it takes time to redevelop a downtown, but he would like to see major improvements on Central Avenue in the next year or two. Szurek stated that the McComb study should be a guiding force for our direction. MOTION by Nawrocki to amend the goals list eliminating item #4 for options to sell Parkview Villa South and move the other items up on the list. MOTION died for lack of a second. Upon vote of the original motion: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye with reservations; Peterson, aye. 5 ayes (with 1 reservation). Motion carried. Request to televise City Council work session meetings and request to publish City Council meeting minutes Peterson referred to the survey results of other cities, and discussions at budget sessions regarding the cost of publishing Council meeting minutes and televising Council work sessions. Nawrocki stated he brought this up because he felt the need to do a better job informing the public. He questioned when we stopped publishing minutes and by who's authority. He referred to the number of people who watch City Council meetings on our cable channel. He stated that there is a lot of work done in work sessions, whereby staff gets a sense of Council intent and an item may not make it to a Council meeting. Motion by Nawrocki that City Council work session meetings be televised and placed on our cable station. Williams referred to the survey, which indicated that only 2 of 24 cities publish minutes and 2 of 24 cities televise work sessions. He read snippets of comments from the survey. Fehst suggested offering a free copy of minutes to walk up or written requests. Fehst stated that information is more available now than it was in past years. Peterson stated that ongoing requests for copies of minutes were charged an annual fee. Nawrocki stated that only one-half of residents have access to cable TV, and less than one-half have Internet access. Fehst indicated that even less than that number get the Focus newspaper. MOTION died for lack of a second. MOTION by Nawrocki, second by Wyckoff, to require City Council minutes to be published in the local paper. Williams stated residents could go to the library for Internet access. The Deputy City Clerk stated that the Library also has a hard copy of the minutes available for review. Peterson stated that it was by Council majority that the publishing of minutes were discontinued. Peterson stated that there are now minutes taken of work sessions, which is an added expense, and that meetings are open to the public. Nawrocki stated he would like to know the when publishing of minutes was discontinued. City Council Minutes January 28, 2002 Page 11 of 13 Peterson referred to the indication that other cities make decisions at their work sessions, but we choose not to do so. Upon vote: Williams, nay; Szurek, nay; Wyckoff, aye; Nawrocki, aye; Peterson, nay. 3 nayes- 2 ayes. Motion failed. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated the Valley View DARE graduation would be tomorrow night at 6.'OO p.m. Fehst stated there would be a meeting of Anoka County Public Officials, on Monday, February 04, 2002 and listed the discussion items. Fehst stated that last Friday, he and Kevin Hansen, Public Works Director, met with members of the Department of Transportation, and a representative from BR W regarding funding for Central Avenue. He stated that we were assured there would be three revenue sources to fund the $1.5 million dollar project. One condition under discussion is median snowplowing. Fehst indicated to them that we did not want that to stop the project. The City of Columbia Heights may have to cover the costs of financing for a year, or so, at a cost of $20, 000. Fehst stated that we still need a signed working agreement and that there are sixteen agencies that review this proposal. Hansen stated we should be going out for bids by the end of February. Nawrocki questioned if we enter into a contract and funding does not come to pass in following years. Fehst stated that bids can not be awarded until we have a signed agreement. Report of the City Attorney Wyckoff questioned actions regarding the Tycoon 'S Restaurant liquor license. Jim Hoefi, City Attorney, stated the owner apparently tried to get an order for protection, but that the judge refused to sign it. Peterson asked that he follow up on this. Hoefi indicated a file would not have been started and there would not be paperwork available. Wyckoff asked if the owner's husband had been on the property. Hoefi stated that would be a violation of the condition placed on the license, but that he had been released from INS custody and is still subject to deportation. Peterson asked for surveillance on the property. Hoefi did not believe the request to obtain an order for protection would be followed through, but his concern was that the owner's husband not be on the Columbia Heights Tycoon property. GENERAL COUNCIL COMMUNICATIONS Peterson accepted Minutes of Boards and Commissions of: Meeting of the December 3, 2001, Traffic Commission Meeting of the December 17, 2001, Economic Development Authority Meeting of the December 18,2001, Economic Development Authority Meeting of the November 20, 2001, Housing and Redevelopment Authority Meeting of the January 8, 2002 Columbia Heights Public Library Intemet Policy Public Hearing Meeting of the January 8, 2002 Columbia Heights Public Library Board of Trustees Meeting of the January 17, 2002 Columbia Heights Charter Commission CITIZENS FORUM Leonard Deering, 4311 Jefferson, stated he has lived therefor 32years, and believes in the National Night Out program and block parties. He stated that during the early evening of January 11th, three to four Police squads were at the comer by his home, and as he had previously saw strange actions by teenagers on this block, he went to speak to an Officer. The Officer asked what he wanted and told him to leave as he had the situation under control. He told him to walk to his car and followed him almost back to his car. Deering did not think this was representative of wanting neighbors to watch the area. City Council Minutes January 28, 2002 Page 12 of 13 Nawrocki asked the City Manager to have the Chief of Police check on this and respond to Mr. Deering, with a copy to City Council. Williams asked Mr. Deering to not be soured by one incident, and gave an example of supporting our officers, but agreed we should check into this incident. Peterson apologized and stated that we will look into this and respond. COUNCIL CORNER Nawrocki questioned the newspaper ad referencing the Silver Lake aerator. Hanson stated that is a requirement of the DNR, to give two weeks public notice prior to turning on the aerator. This has been done for the past two years. Nawrocki referred to comments in a work session Council letter regarding a resident that lives behind our liquor store, of which he took strong exception. Nawrocki referred to our Fire Department handling yearly industry inspections, where anything not related to the fire code is passed on to the appropriate department. He questioned why the business observed by the Council had not been cleaned up. Fehst stated that we are concentrating our efforts on redevelopment. We could send a letter to our corporate citizens asking them to clean up their site. Nawrocki stated there should be follow up to citations received. Fehst stated there is not an ordinance in place to address this. Peterson suggested it be pursued as an attractive nuisance. Nawrocki questioned what the follow up would be on the McComb study. Fehst stated that we have set goals and benchmarks, and that this study is integral to make other things happen. Fehst stated that he hopes to retain services of someone similar to McComb to help pursue his recommendations. Nawrocki stated that we need to push for a meeting with our legislators as quickly as possible, and suggested a breakfast meeting. Fehst stated he would set this up. Nawrocki stated he has spoken to developers that have done work in Circle Pines to see if they would have interest to work on projects we are considering. Wyckoff stated she received a call from a resident indicating that the 801 bus would be discontinued. Wyckoff called Metro Transit, who stated that the 801 bus is not scheduled to be cut off right now, but is high on the list because it is high on the subsidy list. Wyckoff stated that the Second Annual "Taste of Heights" will be Sunday, March 24, 2002 at Murzyn Hall. Wyckoff referred to early Columbia Heights newspapers, beginning in 1926 that have been donated to the Historical Society. They will be given to the State Historical Society, with the request that we receive them on microfiche. Wyckoff stated there were 30 newspaper books, which she had one present to display and referenced tidbits from the time period. Wyckoff stated there would be notices included with the utility bills regarding the Historical Society. Williams stated the importance of history, and that he wants this Council to make history. He asked our citizens to pray for our peace and prosperity. Williams encouraged citizens to call for Council minutes, and to come to work sessions and Council meetings. Williams shared a story of George Bush. Llty Louncll Minutes January 28, 2002 Page 13 of 13 Williams restated his interest to develop a theme for our community. Fehst questioned involving residents and placing a request in the paper. Peterson stated that if residents have an idea they can contact the Deputy City Clerk or the Mayor at his home. Fehst asked Steve Johnson to speak, as he has been involved in the start of a community pride project for our City. Steve Johnson stated that Mickey Rooney passed the project on to him. He is now working with Dan Ryan, who is involved with the "Back to the Park"program in Brooklyn Park. Johnson stated that he would like to discuss a theme after a focus group is established to maintain the City's image. Johnson stated there are other cities, outside of our state that have successful public/private investment to improve their city, which he would like to research. Peterson stated: Don't take ourselves to seriously, enjoy life, and maybe do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:57 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER MEETING OF: FEBRUARY 11, 2001 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: ~'-F/N-~Z~ FINANCE APPROVAL BY: ITEM:No: COUNTY EXPENSES BY:DATE:~,X.~~INt,LLIAM ~,LRITE ~//]///]/,/,ff~Q//~ Attached is an invoice from Anoka County for $16,626.34. Of this amount, $14,059.08 is the County's adrmnistration charge for administering the Tax Increment Financing Laws of Minnesota for the calendar year 2001 as it relates to the tax increment districts in Columbia Heights. By state statute, the County is allowed to charge the cities these expenses. This is the eleventh year the County has charged this type of expense back to the cities. The City of Columbia Heights is required by law to pay these expenses. The following is a summary of the charges for the past ten years: Year Price/Parcel Price/District Total 1992 8.92 339.25 9,813.45 1993 10.28 403.98 11,384.98 1994 10.97 429.44 11,691.10 1995 9.06 352.75 11,097.00 1996 8.51 335.00 10,933.77 1997 9.36 363.00 13,183.52 1998 9.48 340.00 11,422.64 1999 10.51 369.70 12,500.68 2000 11.35 377.15 13,288.95 2001 11.10 365.72 14,059.08 In addition to the billing for TIF administration, they are continuing to bill for sending out the Truth in Taxation notices, $1,717.05, and Special Assessments billing, $850.21, for a total bill of $16,626.34. RECOMMENDED MOTION: Move to authorize payment of $16,626.34 for administering the 2001 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. WE:sms 0202042COUNCIL Attachment COUNCIL ACTION: COUNTY OF ANOKA PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA. MN 53303 F,~X (763) 323-5421 · Property Assessment · Property Records and Public Service · Property Tax Accounting and Research Mr. Bill Elrite Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Janua~ 30,2002 Dear Mr. Elrite: I am herewith certifying your City's total expenses incurred by Anoka County in administering the Truth in Taxation Statutes, the Special Assessment Laws, and the Tax Increment Financing Laws of Minnesota for calendar year 2001. Below are listed the total amount for each and a grand total for your City. Please refer to the attached invoice for the breakdown of your charges. Truth in Taxation: .~pecial Assessment: Total: $1,717.05 Total: $850.21 TIF: TOTAL AMOUNT DUE: Total: $14,059.08 $16,626.34 *Truth in Taxation: M.S. 275.065, Subd. 4, states that the cost for administering TNT is to be apportioned to the taxing jurisdictions on the basis of one-third allocated to the county, one-third allocated to the cities and towns and one-third allocated to school districts. The costs will be allocated back to the taxing districts in the proportion that their tax parcels bear to the total number of county parcels. The total cost for providing parcel specific notices to Anoka County residents was $80,425. The notice was mailed to 107,839 property owners, an average of $.75 per pamel. *Special Assessments: These expenses represent the recordkeeping and administrative functions performed by county staff as prescribed by M.S. 429.061. New special assessments were billed a setup charge at the rate of $55.00 per fund number issued and $.55 per parcel. Existing special assessments were billed a maintenance charge of $23.98 per fund number and $1.78 per parcel. *Tax Increment Financing {TIF): These expenses represent the recordkeeping and administrative functions performed by county staff prescribed by M.S. 469.174 - M.S. 469.179. Please remit the TOTAL AMOUNT DUE by February 8,2002. If you have any questions, please contact me at (763) 323-5435. Sincerely, J~an Flavin, Manager Property Tax Accounting Enclosure \~ANIMAL\VOLI\DATA\PROPTAX~Share\TAXACCTG\INVCELTR.DOC Affirmative Action ! Equal Opportunity Employer INVOICE TAXING JURISDICTION: CITY OF COLUMBIA HEIGHTS TRUTH IN TAXATION Parcel Count Total 6,907 $1,717.05 Total Due $1.717.05 Quantity 1 331 Quantity 1 331 SPECIAL ASSESSMENTS New Special Assessments Total Assessment Charge ($55/unit) $55.00 Parcel Charge ($.55/unit) $182.05 Total Total $23.98 $589.18 $237.05 $613.16 Existing Specials Assessment Charge ($23.98/unit) Parcel Charge ($1.78/unit) Total Total Special Assessment Charge $850.21 TAX INCREMENT FINANCING (TIF) Quantity TIF ID 4 R8 Quantity TIF ID New Districts Base Cost Add. Time Total New $600.00 $600.00 Decertified Districts Decertification Charge Total Quantity TIF ID 533 A3 5 C7 261 C8 5 K2 42 M8 4 N7 54 P3 2 P4 10 R8 District Maintenance Total Tax Increment Charge Parcel Costs District Costs Total $5,916.30 $365.72 $6,282.02 $55.50 $365.72 $421.22 $2,897.10 $365.72 $3,262.82 $55.50 $365.72 $421.22 $466.20 $365.72 $831.92 $44.40 $365.72 $410.12 $599.40 $365.72 $965.12 $22.20 $365.72 $387.92 $110.00 $365.72 $476.72 $14.059.08 TOTAL INVOICE AMOUNT I $16,626.34 I Please make check payable to ANOKA COUNTY and remit by FEBRUARY 8, 2002. Thank you. CITY COUNCIL LETTER Meeting of: February 11, 2002 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~ - i'~ -~'~ Community Development APPROVAL ITEM: Conditional Use Permit BY: Tim Johnson NO: Case #2002-0201, 4300 Central Avenue DATE: February 6, 2002 Issue Statement: Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) in the easterly portion of the parking lot of the Central Valu Mall, 4300 Central Avenue, from April 15, 2002 through July 10, 2002. Background: This will be the eleventh year Linder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights. Analysis: Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with General Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. It should be noted that the surrounding parking area proposed for use as a Rainbow Fuel Center and the proposed multi-tenant specialty retail should not impact Linder's future at this location. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on February 5, 2002. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the 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. Attachments: Staff Report; Completed application form' Correspondence,from Mr. Linder; Cert~cate of Insurance; Site ?lans; Public Notice COUNCIL ACTION: Case: 2002-0201 Page 1 Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE FEBRUARY 5, 2002 PUBLIC HEARING 2002-0201 Bradley Real Estate 2100 N. Snelling St. Paul (651) 631-0340 Parcel Address: 4300 Central Avenue Zoning: GB - General Business District Comprehensive Plan: C - Commercial GENERAL INFORMATION Applicant: Linder's Greenhouses, Mc. 275W. Wheelock Pk St. Paul, MN5517 (651) 488-6717 Surrounding Zoning and Land Uses: Zoning North: LB Land Use North: Commercial South: LB South: Commercial East: GB East: Commercial West: GB West: Commercial BACKGROUND Explanation of Request: Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2002 through July 10, 2002. Case Historw This will be the 11th year Linder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights. ANALYSIS Surrounding Propertw The property to the north and south of the subject parcel is zoned LB, Limited Business and is used commercially. The property across Central Avenue to the east is zoned GB, Retail Business and is used commercially. The area west of Central Value Mall is zoned R-2, Single and Two Family Residential and is used residentially. Case: 2002-0201 Page 2 Technical Review: Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. A narrative from Linder's Corporate Office is attached for your review. A support letter from Rainbow Foods is also attached. Please note that the Fire Department has reviewed the proposal and has expressed no concerns. It should be noted that the surrounding parking area proposed for use as a Rainbow Fuel Center and the proposed multi-tenant specialty retail should not impact Linder's future at this location. Compliance with City Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. Summary: The positive aspects of this petition are as follows: 1. The proposal is consistent with the Columbia Heights Zoning Ordinance. 2. The proposal is consistent with the intent of the City Comprehensive Plan. The negative aspects of this petition are as follows: 1. There do not appear to be any negative aspects. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures on the site to ensure their removal at the end of the approved time period. Recommended Motion: Move to recommend approval of the Conditional Use Permit to allow the operation of a temporary mini-garden center in the easterly portion of the parking lot at 4300 Central Avenue from April 15, 2002 through July 10, 2002, subject to the following condition: A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Attachments: Completed application form; Correspondence from Mr. Linder; Rainbow letter; Certificate of Insurance; Site plans; Public Notice From: Gary Gorman To: Tim Johnson Date: 1/24/02 8:45AM Subject: Linders After extensively reviewing the plans for the Linder's Flower Mart, I find that they are satisfactory. Gary Gorman Fire Department (763)706-3650 To whom it may conccam' We are again eager to welcome Linder's beok to the Rainbow Cec~al A~. Tim ~ tlmy ~ be h~ '~s.~ is sli~t~y Ceater. We are oonvinoed thai this locatiou will be as been at this Raiubuw store ~or twelve years, llope~tlly we will be able to contir~e havil~ t;,~i~ to ser,~ the citizens ofColmnhia Heil0tts' We tru~ believe that Limier's L~ aa asa~ to ~w as vel} a~all ofb'~- otJ~r ~ ~ the Il'you have any, But. her questions plear, e call m~ at 612-9a$-3910. Scott ,Schael~i Director o£Prvduce Rainbow Food~ ACORD CERTIFICATE OF INSURANCE 146417 DATE,MM,DD/fy, 01/14/2002 Rev PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FLORISTS' MUTUA~ INSUI~A~C~ COMPANY ~I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR #1 Horticultural La~ze ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edwardsville, IL 62025 COMPANIES AFFORDING COVERAGE COMPANY A FLORISTS· MUTUAL INSDI~ANCE COMPANY INSURED COMPANY Linder's Greenhouses Inc B 275 West Wheelock Parkway COMPANY St Paul, MN 55117 C COMPANY I D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POUCY EFFECTIVE ~OUCY EX,RATION LTR TYPE OF INSURANCE POUCY NUMBER DATE (MMIDD/YY) DATE (MM/DO/fY) EMITS GENERAL UAB~UTY GENERAL AGGREGATE $ 1, 000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS*COMP/DP AGG $ 1,000 · 000 A ]CLAIMS MADE ~ OCCUR BP 03322 01/14/2002 01/14/2003 PERSONAL & ADV INJURY $ 500,000 OWNER'S & CONT PROT 4494 EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP IAny one person) $ 5,000 AUTOMOBILE UABIUTY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON'OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ 3 r 000 r 000 A X I UMBRELLAFORM ~ 1981 01/14/2002 01/14/2003 AGGREGATE $ 3,000,000 I 0THER THAN UMBRELLA FORM 4494 $ x I STATUTORY LIMITS WORKERS COMPENSATION EMPLOYERS' MABIUTY A WCS 08062 01/14/2002 01/14/2003 EACH ACCIDENT $ 500,000 THE PROPRIETOR/ [] INCL 4494 DISEASE - POLICY LIMIT $ PARTNERS~XECUTIVE 500 ~ 000 OFFICERS ARE:II EXCL DISEASE - EACH EMPLOYEE $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHJC[;SlSPEClAL ITEMS Res Tem~or&ry Loc&tion #10) Central Value Mall, 44th and Centr&l Ave, Columbia Heights, MN 55421 Effective 3-1-2002 thru 7-15-2002 CERTIFICATE HOLDER RC¥ 75272 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POEClES BE CANC~IIF~ BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY ~qLL ENDEAVOR TO City of Columbia Heights 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 590 40th Avenue North Hast Col-mh~a Heights, MN 55421 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBHGATION OR UABIUTY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, ACORD 25-S (3/93) HXT27 c ACORD CI~RPORATION 1993 Applicat~ion For~ Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address o£ Subject Property, 4300 Centra! Avenue N.E. 2. Legal Description o~ Subject Property,__ Applicant Description o£ Request: Conditional Use Permit -~'~3 ..~~.~ ~__L,,Jl,-....~O~d ZoninA: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning ....... __Proposed Use 7. Reason for Requeel'..- to allo~v the operation'of a t~porary mi,~i aarden cer, te/Lin tim ..... easterly portion of the parkin9 lot f'.r~m ~. 8. E~tbit, Submitted (maps, diagram,, etc.) Acknovled~ment and Signature, The undersigned hereby represents upon all of the' penalties of lay, for the purpose of inducing the City of Columbia freights to take the action herein requested,~.b~t-al~ statements,herein are true a~d that all work herein · d> in accords = ~ith th, Ordinances o~ th CAt oE Columbia Heights Signature of Appitc& 'at~.__~_ £ak~n By:_~r~, '~'N '~AV PJIg~, TO AND BECOME A PART 0~ THAT CERTAI~ LEASE AGREEMENT IN THE CENTRAL VALU MALL SHOPPING CENTER. EXHIBIT A CORPORATE OFFICES . : 275 W. Wheelock Pkwy. "GREENHOUSES, GARDEN CENTER & FLOWERMARTS, United siates %s~ing Company, Inc. 'California Division" CL;ENT: SUBJECT: Star-Tax Lakeville, MN ~044 F~ILITY- OF POLYETHYLZNE FILM REFERENCE~ Client's le~er da:ed ~/28/85 per Pat Larson. SAMPLE IDENTIFICATION, Two samples of P°lye~hylene film submit=ed and by t-he Client asr 2; 6 mil TEST R~QUEST AND M2~THOD~ ~lammab!it.b_~ pe= Stats of Cali Small Scale ~, ~u~caapt~r 8, Articl~ 4fs-;~7ye Code, Title Tes:; - ' 'S==~aon 1237,1 Fire Marshal. , ~rOced~re B01, as modifie~ by the S~atm LA 2/5/8~ Condtt£cntnc: 70 f 2'F and 65 ~ 21 relative humidity Flame A=olied: 12 seconds Fu___e!~ ~as Hixtur~ B A) The afterflame t/me shall,no: exceed two seconds. The average length of char shall no= exceed six inches. Pervi~ad b : C United States Testing Company, Inc. Cali[ornla Division 2,'5/e5 TEST RESULTS: S__amols 4 mil 6 m~! Flammabi!i=v - Small ScaLe Afterflame, Sec. Char Lena=h, In. 0.0 ':.8 0.0 4.8 0.0 6.6 0.0 5.3 0.0 5,4 Avg. 5 . 2 0.0 5.9 0.0 4 .7 0.0 4 .? 0.0 $.3 0.0 ~.8 ^v?. .5. , ?h~ ~ubmi-_-_-_d polyethylene film seJnDles meet -_he flammablli=y requLr~man-_s cf '--he S~a=e of Ca!£.~o~.-.i& T!--la !9, Sec=ion 2237.!. OITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-height$.rnn, us ?boreas Rams#e/I, £hat? ?e# Yehle Stephan Johnson Tamara Ericson PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, February 5 2002. The order of business is as follows: A request for a Conditional Use Permit to allow for a seasonal Linder's FI ower Mart at the Central Valu Mall at 4300 Central Avenue NE from April 15 through July 10, 2002. Section 9.607 le) Temporary Uses and Structures. The Zoning and Development Ordinance requires a conditional use permit for this type of operation. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager TJ The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDDIT06-3692 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF' DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: 2/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ~7'./dj. L( PUBLIC WORKS -' ITEM: RESOLUTION 2002-8 ACCEPTiNG THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE aA STREET DATE: 2/5/02'' REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEAR1NG Background: Staff has developed preliminary plans and prepared the Feasibility Report for Zone 6A of the Annual Street Rehabilitation Program. The Zone 6 area is bounded by University Avenue Service Road to Quincy Street, from 41st Avenue to 44th Avenue and University Avenue Service Road to Central Avenue from 40th Avenue to 41st Avenue. Council amended this area in the fall of 2001 to Zone 6A which is bounded by 44th Avenue on the north, 42nd Avenue on the south, Washington Street on the west and Quincy Street on the east. Analysis/Conclusions: Attached is the Feasibility Report that details the scope of work for Street Rehabilitation in Zone 6A. Particular issues are summarized below: 1. Rehabilitation Strategies: Three treatment strategies are utilized in the street rehabilitation report: mill and overlay, partial reconstruction, and full reconstruction. A fourth strategy, seal coating, is addressed under a separate engineering report. Staff utilizes three methods in evaluating the condition of the street and determining appropriate treatmem: Present physical structure (cross-section): Each street within Zone 6A has been excavated down to their sub-base material and the individual street segment cross-sections are catalogued. Non-destructive strength determination and condition rating: Braun Intertec, a geo-teclmical engineering consultant, conducted tests on all streets at 50-foot intervals with a dropping weight deflection test. From this, the strength of the road segment is determined. Braun also develops their own pavement conditions index. Overall Condition Index (OCI): Staff also reviews each street segment by measuring the type and quantity of each type of cracking in the pavement. This information along with other factors such as drainage and physical structure, is used to determine an Aoverall condition index~. The results are then used to determine the appropriate treatment to maximize the life of the street. 2. Utilities Replacement: Utilities have been reviewed in Zone 6A and the attached map represents where staff is recommending replacement. Staff utilized televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in determining utility replacements. Many of the water mains were installed in the early 1900's in this area and are unlined which contributes to water quality problems. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2002-8 ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 6A STREET DATE: 2/5/02 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING Continued - Page 2 3. Assessment Methodology: Street Rehabilitation Zones 1, 2 and 3 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program and in Zones 4 & 5, a 3,unit~ assessment methodology was employed rather than using a A_front foot~ rate basis. The area of Columbia Heights west of Central Avenue is essentially a block type development pattern with streets and avenues. The existing assessment policy for this area would involve Astreet@ assessments and Aavenue~ assessments. The Astreet~ frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it has been my experience that the court system has accepted this rationale from an appeal basis. Going to a trait basis methodology would still create different rates for street and avenue dependent upon the type of treatment the adjacent avenues receive. 4. Scope of Work: At the November 19~, 2001 work session, staff discussed amending the Zone 6 area. Staffproposed breaking the Zone in quadrants, with the easterly two completed in successive years (2002 & 2003), and the westerly two completed in successive years in the next eight-year cycle. An additional topic of discussion was the condition of 7t~ Street in the Zone 6 area. Staff was directed to evaluate alternatives for including 7t~ Street in the Zone 6A & B cycle years. Staff evaluated 7th Street from 44~ to 40th Avenues and recommends full reconstruction in this entire area. The current policy provides a 50/50 cost share for full reconstruction streets. Adding 7th Street in 2002 and 2003 would put an additional financial burden on the City's infrastructure fund, without modifying the amended 6A program area streets. In the original program, east- west streets were also recommended for rehabilitation. 43rd Avenue was recommended for partial reconstruction and 42na Avenue was recommended for a mill and overlay. Because of the street/avenue assessment methodology, and zero parcels front on these streets, the avenue assessment rates would be higher than what past zones have been. Staff recommends removing 42na Avenue and 43rd Avenue from the 6A program area and adding the 7th Street for the final program area. 5. Financing: Street Rehabilitation Zone 6A: The estimated construction costs are as follows: 1. Full street reconstruction: 2. Partial street reconstruction: 3. Mill and overlay: 4. Utilities: $589,900 $154,310 $129,350 $443,700** COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2002-8 ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 6A STREET DATE: 2/5/02 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING Continued - Page 3 Project funding is proposed as follows: Assessments Infrastructure Fund: Storm Water Utility: Sanitary Sewer Fund: Water Construction Fund: $512,920 $360,640 $ 94,000** $104,300'* $245,400** Street Rehabilitation Zone 6A with the 7en Street alternative: The estimated construction costs are as follows: 1. Full street reconstruction: 2. Partial street reconstruction: 3. Utilities: $844,900 $49,56O $443,700** Project funding is proposed as follows: Assessments Infrastructure Fund: Storm Water Utility: Sanitary Sewer Fund: Water Construction Fund: $457,140 $437,320 $ 94,000** $104,300'* $245,400** The costs and associated fimding for utility work (**) will be further developed during the final design. 6. Past Assessments: Zone 6A does not have areas that have had unprovements assessed in the last 10 years. 7. Concurrent Projects: The Central Avenue project is being let for a spring 2002 construction start date and will impact traffic on Central Avenue until November 2002. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/11/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2002-8 ACCEPTING THE BY: K. Hansen BY: FEASIBILITY REPORT FOR ZONE 6A STREET DATE: 2/5/02 DATE: REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING Continued - Page 4 8. Utility Issues: Staff is evaluating both the sanitary sewer system and the storm sewer system for maintenance needs or improvements. The lateral (lines) sanitary sewer system has been cleaned by staff and the televising reports are currently under review for identifying deficiencies and possible corrective recommendations by staff. Staffhas also conducted an age survey of water service lines in areas where the water main will be replaced and recommends that sub-standard water service lines be replaced and assessed to the benefiting properties for the actual construction cost. Staffhas established the following meeting dates: Resident Informational: February 21, 2002 Public Hearing: March 4, 2002 Recommended Motion: Move to waive the reading of Resolution 2002-08, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2002-08, which accept the Feasibility Report for Zone 6A Street Rehabilitation (with the 7t~ Street option) and establishes the Public Improvement Hearing for March 4, 2002. KH:jb Attachments: Resolution Feasibility Reports Maps COUNCIL ACTION: 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 Washington Street Madison Street Monroe Street 7th Street Partial Street Reconstruction Monroe Street 42nd Avenue to 44t~ Avenue 42"a Avenue to 44~ Avenue 42na Avenue to 434 Avenue 42na Avenue to 44t~ Avenue 43rd Avenue to 44'h 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, MINNESOTA that 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 the 4th day of March, 2002 in the Council Chambers located at 590 40th 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. Dated this 1 lth day of February, 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz, Deputy City Clerk City of Columbia Heights FEASIBILITY REPORT FOR 2002 STREET REHABILITATION IMPROVEMENTS: Zone 6A CITY PROJECT 0202 JANUARY, 2002 ENGINEERING DEPARTMENT 63 7 38t~' Avenue NE, Columbia Heights, MN 55421 763- 706-3 700 ¢o 763- 706-3 701 (Fax) STREET REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA ZONE 6A AND ZONE 6A WITH 7TM STREET OPTION PROJECT NUMBER 0202 LOCATION: IMPROVEMENTS: INITIATION: ZONE 6 (Original Zone) - AREA BOUNDED BY UNIVERSITY AVENUE SERVICE ROAD TO QUINCY STREET, FROM 41sT AVENUE TO 44TM AVENUE, AND UNIVERSITY AVENUE SERVICE ROAD TO CENTRAL AVENUE, FROM 40TM AVENUE TO 41sT AVENUE ZONE 6A (Amended) - AREA BOUNDED BY WASHINGTON STREET TO QUINCY STREET, FROM 42~4D AVENUE TO 44TM AVENUE OPTION: 7TM STREET OPTION ADDS 7TM STREET FROM 42N~) AVENUE TO 44TM AVENUE TO ZONE 6A This feasibility study includes an analysis of proposed street rehabilitation within Zone 6A and 7th Street from 42na Avenue to 44th Avenue. Full Street Reconstruction - Concrete curb and gutter, granular sub-base, new aggregate base and new bituminous surfacing. Partial Street Reconstruction - Random curb and gutter replacement as required, granular sub-base if needed, new aggregate base and new bituminous surfacing. Mill and Overlay - Random curb and gutter replacement as required, and new 1½" to 2" bituminous surface. Utility Construction - Water main construction and replacement as required to improve or maintain the distribution system. Sanitary sewer replacements and repairs as required to maintain the collection system. Storm sewer construction and repairs as required to improve or maintain the collection system. City Council in accordance with the Street Rehabilitation Policy. OWNERS ABUTTING OR IMPACTED: ISSUES: Full Street Reconstruction 1. Washington Street 2. Madison Street 3. Monroe Street 42nd Avenue to 44th Avenue 42nd Avenue to 44th Avenue 42nd Avenue to 43rd Avenue (44) (49) (24) Partial Street Reconstruction 1. Monroe Street 2. 43rd Avenue 43rd Avenue to 44th Avenue Washington Street to Quincy Street Mill and Overlay 1. 42"d Avenue Washington Street to Central Avenue If the 7th Street option is approved, the partial reconstruction on 43rd Avenue and the mill and overlay construction on 42na Avenue will be delayed until the next full cycle (approximately 2010). Full Street Reconstruction with 7th Street Option 1. Washington Street 42nd Avenue to 44th Avenue 2. Madison Street 42nd Avenue to 44th Avenue 3. Monroe Street 42nd Avenue to 43ra Avenue 4. 7th Street 42nd Avenue to 44th Avenue Partial Street Reconstruction with 7th Street Option (19) (105) (148) (44) (49) (24) (50) 1. Monroe Street 43rd Avenue to 44th Avenue (19) The following is a study of the key project issues. Street Reconstruction The proposed roadway would consist of a two lane bituminous cross section with concrete curb and gutter. The roadway width would generally match the existing street width. It should be noted that some mature boulevard trees may need to be removed to accommodate the new curb and gutter. As in Zone 5, this is necessary due to root and trunk growth interfering with the placement of new concrete curb & gutter and where present, sidewalk. Water main replacement is proposed for Washington Street, 42nd to 43rd Avenue, Madison Street, 42nd to 44th Avenue, and Monroe Street, 42nd to 43rd Avenue. Staff is estimating approximately 53 water services may need to be replaced. This is based on the number of homes built before 1950. The type and size of water service is field verified during construction. Any water service other than ~" or larger copt~er is replaced. Water main replacement is also proposed for 7th Street, from 42nd to 43rd Avenue, if the 7th Street option is constructed. No water service replacement is anticipated on this section of water main. The services on 7th Street were replaced in 1970 as part of a HUD project. FEASIBILITY: SCHEDULE: Storm sewer construction is proposed for Washington Street, 43rd to 44th Avenue and Madison Street, 43rd to 44th Avenue. At other locations, roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Partial Reconstruction The proposed roadway would consist of a new bituminous/gravel cross section, the width remaining the same. Existing concrete curb and gutter would be preserved except for sections with poor drainage and/or driveway openings with drive-over curbs that will be removed and replaced. Water main replacement is proposed for Monroe Street, 43rd to 44th Avenue. Staff is estimating approximately 5 water services may need to be replaced. Again, this is based on the number of homes built before 1950. The type and size of water service is field verified during construction. Any water service other than ~" or larger copper is replaced. At other locations, roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Mill and Overlay The proposed construction would consist of milling up to 1½" of bituminous cross section and paving a new 1%" to 2" bituminous mat. Existing concrete curb and gutter would be preserved except for sections with poor drainage and/or driveway openings with drive-over curbs that will be removed and replaced. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. Staffrecommends adding the 7th Street Option (Reconstruction) from 44th to 42nd Avenue and removing the Avenues from Zone 6A: 43rd from Washington to Quincy and 42na from Washington to Central. Construction is scheduled to begin in late spring of 2002, with substantial completion occurring in the late summer of 2002. Council receives draft Feasibility Report and discusses issues Council receives final Feasibility Report and orders Public Improvement Hearing Public Informational meeting prior to Public Improvement Hearing Public Improvement Hearing and Council orders Public Improvement Project Council Approves Plans and Specifications, Authorizes Advertisement for Bids Bid Opening Council Awards Contract Begin Construction Construction Completed February 4 February 11 February 21 March 4 March 25 May 7 May 13 June 10 August 30 FINANCING: ASSESSMENT: Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds (population apportionment), and utility funds. Zone 6A The estimated construction costs for the project are as follows: 1. Full street reconstruction $ 589,900. 2. Partial street reconstruction $154,310. 3. Mill and overlay $129,350. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Type of Construction Full Reconstruction Partial Reconstruction Mill and Overlay Proposed Assessments Infrastructure Fund $ 294,950. $ 294,950. $108,020. $ 46,290. $109,950. $ 19,400. Zone 6A with 7th Street Option The estimated construction costs for this option as described are as follows: Full street reconstruction $ 844,900. Partial street reconstruction $ 49,560. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Type of Construction Full Reconstruction Partial Reconstruction Proposed Assessments Infrastructure Fund $ 422,450. $ 422,450. $ 34,690. $ 14,870. The 7th Street Option, with the removal of Avenues from the project work scope, adds an estimated $76,680 cost to the Infrastructure Fund. All utility work performed as part of the Zone 6A project will be paid for from the appropriate utility fund. Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following Zone 4 and 5 assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending 1/2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. 2002 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 0202 ZONE 6A STREET REHABILITATION PROGRAM (Section 35, T30N, R24W) I. MILL & OVERLAY Estimated Cost: Assessable Cost: Assessable Frontage Street: Avenue: Estimated Cost per Parcel Street: Avenue: Zone 6A $129,350. $109,950. 967 LF 8,497 LF $1,830. $ 610. II. PARTIAL RECONSTRUCTION Estimated Cost: Assessable Cost: Assessable Frontage Street: Avenue: Estimated Cost per Parcel Street: Avenue: $154,310. $108,020. 1,234 LF 5,915 LF $ 2,124. $ 708. IlL FULL RECONSTRUCTION Estimated Cost: Assessable Cost: Assessable Frontage Street: Avenue: $ 589,900. $ 294,950. 5,906 LF 159 LF Estimated Cost per Parcel Street: Avenue: $ 2,550. $ 850. Zone 6A With 7th Street Option $0. $ 49,560. $ 34,690. 976 LF 258 LF $ 2,124. $ 708. $ 844,900. $ 422,450. 8,306 LF 159 LF $ 2,550. $ 850. CITY COUNCIL LETTER Meeting of: February 11, 2002 AGENDA ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ~- /4 '5 Fire APPROVAL ITEM: Establish Heating Dates BY: Dana Alexon BY: 4~/ License Revocation, Rental Properties NO: DATE: February 6, 2001 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. Moshen Dessouki ................................ 4610-4612 Fillmore Street NE RECOMMENDED MOTION: Move 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. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off February 11, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~ "/~-~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE~J~~ NO: DATE: February 9, 2002 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the February 11, 2002 City Council meeting. This agenda consists of applications for Contractor licenses for 2002. 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 February 11,2002 as presented. COUNCIL ACTION: TO CITY COUNCIL February 11, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *A-1 Rootmaster *AWD Coolers of MN *Dave Dempsey Plumbing *Kidd Plumbing *Mike Larson Plumbing *Faircon Service Blaine Heating Suburban Air *Westair Inc. 7041 6th St No. Oakdale $50.00 301 Thomas Ave No. $50.00 15985 Barth Dr, Big Lake $50.00 1518 89th Ave No. $50.00 3402 Library Ln, St Louis Pk $50.00 2560 Kasota Ave $50.00 13562 Central Ave $50.00 1290 B Osborne Rd $50.00 11184 River Rd NE, Hanover $50.00 Ingram Construction 2705 James Ave No, Mpls $50.00 BRC FINANCIAL SYSTEM 02/08/2002 11:56:38 FUND REC~: FUND DESCRIPTION 101 GENERAL 201 C05~IIINITY DEVELOPMENT FUND 203 PARKVIEW VILI~k NORTH 204 ECONOMIC DE~LOPMENT AUTH 212 STATE AID M~INTEN~CE 213 PAR~IEW VILLA SOUTH 225 CABLE TELEVISION 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ElfRI 270 DARE PROJECT 276 LOCAL LAW ENFORCE BLK GRANT 279 COPS: SCHOOL P~ERSHIP 387 G.O. IMPRO~MENT BOND 1999A 415 CAPIT~ IMPRO~MENT - PIR 430 INFP~tSTRUL~fORE FIIND 601 WATER UTILITY 602 SEWER ~TrILITY 604 STORM SEWER UTILITY 609 LIQUOR 631 WATER FtrND DEBT SERVICE 632 SEWER FLIED DEBT SERVICE 634 STORM SEWER DEBT SERVICE 701 CENTP~L GAPJtGE 720 DATA PROCESSING 883 CONTRIBUTED PROJECTS-GEN 884 INSUPJtNCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 70,124.57 206.63 4,379.72 8.39 421.10 2,188.29 536.81 270.44 13,049.55 520.00 693.22 1,344.00 1,442.49 120,958.75 4.14 2,993.00 3,778.01 2,305.07 41.03 29,535.16 110,391.45 4,188.15 96,721.65 19,116.96 656.48 500.00 1,519.95 249,841.36 7,856.99 745,593.36 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NA/~E B~K CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 745,593.36 745,593.36 BRC FINkNCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/08/2002 11 Check History GL540R-V06.40 PAGE 1 02/22/2001 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKINGACCOUNT NORTHEAST STATE BA/~K PHILLIPS WINE & SPIRITS PRIOR WINE QUALITY WINE & SPIRITS RELIANT ENERGY MINNEGASC XCEL ENERGY (N S P) AFTONALPS ALCOHOL & GAMBLING ENFOR ANOL~ COUNTY MOTOR VEHIC AT & T CONSUMER LEASE BABINEAU/HAROLD BRADLEY REAL ESTATES INC COLUMBIA HEIGHTS I CRONSTROM'S HEATING & AC DUGDALE/MARY FktK/BILL FORTIN CONSULTING, INC FRAKIE/PAUL GENUINE PARTS/NAPA AUTO GOV'T TRAINING SERVICE HOME DEPOT ~2802 INTERNAL REVENUE SERVICE JO~ MOOPdK~N ASSOCIATES JOHNSON BROS. LIQUOR CO. KOLOSKY/STEVE LADEN'S BUSINESS ~CHINE LARSON/ROY LILIENTHAL/LOIS MENARDS CASHWAY LUMBER-F MINNESOTA DARE OFFICERS MNREC & PKASSOC - MRP MOELLER/PAUL & SHIRLEY OFFICE DEPOT OKERSTROM/LEE PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS PRIOR WINE QUALITY WINE & SPIRITS QWEST COMMNNICATIONS ROGNE/P~kNDY STURDEVANT/JOE A THOMPSON/CHARLIE UNIVANCE - ACCTS RECEIV UNIVERSITY OF MINNESOTA WINESCHITL/KEITH XCEL ENERGY (N S P) YOUNG/~T~Y 96444 332,260.00 96445 558.00 96446 2,284.26 96447 2,391.76 96448 11,896.57 96449 4,506.99 96450 520.00 96451 150.00 96452 62.50 96453 47.82 96454 10.00 96455 11,344.47 96456 4,471.67 96457 56.95 96458 523.95 96459 35.00 96460 50.00 96461 30.00 96462 83.35 96463 200.00 96464 336.32 96465 11.20 96466 587.00 96467 164.18 96468 15.61 96469 106.02 96470 405.00 96471 287.70 96472 103.53 96473 560.00 96474 208.00 96475 10.00 96476 13.14 96477 21.78 96478 98.05 96479 620.40 96480 884.89 96481 702.08 96482 196.64 96483 42.96 96484 29.85 96485 653.65 96486 26.66 96487 100.00 96488 31.46 96489 16.94 96490 44.60 BRC FINARCIAL SYST~ CITY OF COL~BIA HEIGHTS 02/08/2002 11 GL540R-V06.40 PAGE 2 Check History 02/22/2001 COUNCIL LISTING HANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT DEHNOIL AROIC~ COUNTY MOTOR VEHIC BECKER/KELLY PETTY CASH CONFERENCE BOOKINGS.COM G & K SERVICES GENUINE PARTS/NAPA AUTO GRAVES/MATT~E~ HANSEM/KEVIN ROME DEPOT ~2802 IBM CORPORATI~ JOHN MOOEMAN ASSOCIATES LELAND AND ASSOCIATES MC COMB GROUP LTD MFADE/STACEY ~ DEPT OF ADMINIST}U~TIO OLD LOG TH~TNE PAM OIL INC PITNEY BOWES LOUISVILLE QNEST CO~fJNICATIONS QWEST DEX ~GE/DALE SKILLPATH SEMINARS UNITED RENTALS - HWY TEC UNIVERSITY OF MINNESOTA VERIZON WIRELESS VISA XCEL ENERGY (N S P) AFFINITY PLUS FEDERAL CR FIRST CO~UNITY CREDIT U HF~L~ PARTNERS ICMA NETIREMBNT TRUST 45 JEFFERSON PILOT MN CHILD SUPPORT PAYMENT ORCHARD TRUST COMPANY PERA PUBLIC MANAGERS ASSOCIAT UNION 320 UNITED WAY V~AGEPOINT TPJ~/~SFER - WELLS FARC, O - PAYROLL AC WI DEPARTMENT OF RE~lgJE ACTION RADIO & CO~CLTNICA ~O~ CTY - CENTRAL CO~ AUTOMATED ENTRARCE PRODU BIOLOGIC~ ~ SERVICES B~UN INTERTEC CORP BRECKENITCH/~URIE 96491 7,378.00 96492 880.00 96493 100.00 96494 250.00 96495 30.06 96496 90.67 96497 150.00 96498 91.55 96499 96.16 96500 8,052.55 96501 387.00 96502 200.00 96503 7,809.58 96504 240.97 96505 455.72 96506 1,852.50 96507 38.35 96508 55.25 96509 60.55 96510 121.40 96511 150.00 96512 149.00 96513 58.00 96514 225.00 96515 26.90 96516 123.36 96517 380.42 96518 584.77 96519 2,380.00 96520 57,136.25 96521 13,837.58 96522 627.57 96523 674.70 96524 8,430.50 96525 26,735.00 96526 40.00 96527 1,086.92 96528 39.00 96529 225.00 96530 145,420.57 96531 312.14 96532 296.07 96533 720.00 96534 243.75 96535 125.00 96536 2,993.00 96537 273.75 BRC FINANCI~ SYSTEM CITY OF COLUMBIA HEIGHTS 02/08/2002 11 GL540R-V06.40 PAGE 3 Check History 02/22/200t COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT HARVEST INTERIORS 96538 404.00 MORTON SALT 96539 8,139.26 TKDA 96540 627.78 ACE HARDWARE 96541 163.11 ADAM'S PEST CONTROL, INC 96542 66.56 ALEX AIR APPARATUS INC 96543 485.00 AMERICAN LIBRARY ASSOCIA 96544 150.00 AMERICAN PUBLIC WORKS AS 96545 69.00 AMERIPRIDE 96546 65.34 ARIES INDUSTRIES INC 96547 291.16 ASSOC OF METRO ~3NICtPAL 96548 5,343.00 BAKER & TAYLOR CONT. SER 96549 5,593.83 BAUER BUILT TIRE & BATTE 96550 60.71 BOOK WHOLES~ERS INC 96551 109.99 BOOKLIST 96552 79.95 BOOKMEN INC/THE 96553 161.60 BRODART 96554 78.20 CDW-G 96555 85.71 CHERNIN/ALEKSANDR 96556 67.81 CITY WIDE LOCKSMITHING 96557 9.00 CLARK PRODUCTS INC 96558 81.94 COLLECTOR BOOKS 96559 16.30 CUMMINS NORTH CENTRAL 96560 233.01 DANKA 96561 281.42 DA~ OFFFICE IMAGING CO 96562 35.94 DAVIES-NORTHERN WATER WK 96563 2,050.83 DCI INDUSTRIES LTD 96564 75.78 DELEGARDTOOL CO. 96565 52.22 DEMCO 96566 112.43 DISCOUNT STEEL INC 96567 26.20 DOYLE LOCK SUPPLY 96568 6.05 FIDELITY SERVICES INC 96569 4,728.21 FLEX COMPENSATION, INC 96570 162.75 FLEXIBLE PIPE TOOL CO. 96571 283.09 FOUNDATION CENTER/THE 96572 220.50 G & K SERVICES 96573 377.29 GALLAGHER & COMPANY OF M 96574 t,200.00 GASB ORDER DEPT 96575 320.00 GEN-JINE PARTS/NAPA AUTO 96576 56.78 GILLUND ENTERPRISES 96577 109.59 GOODIN CO. 96578 132.33 GROSSE/PAUL 96579 40.36 HACH COMPANY 96580 48.73 HARRIS INFO SOURCE INTL 96581 145.00 HASSAN SAND & GRAVEL 96582 1,238.23 HEIGHTS ELECTRIC INC. 96583 799.48 HENKE MFG CORP 96584 2,480.50 BRC FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/08/2002 1I Check History GL540R-V06.40 PAGE 4 02/22/2001 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT HOME DEPOT #2802 96585 552.15 HONEYWELL INC 96586 16,704.00 HUGH CHURCHHILL S~ER SE 96587 80.00 ICEMAN INDUSTRIES 96588 470.30 IKON OFFICE SOLUTION 96589 121.43 INTEk~ATIONAL CONFERENCE 96590 85.00 INTL ASSOC OF ~EIFS OF 96591 100.00 IPC PRINTING 96592 78.82 J H LARSON ELECTRIC COMP 96593 112.44 JAS BOOK COMP~/Y 96594 70.79 JAX CAFE 96595 536.81 KMART 96596 35.54 LANO EQUIPMENT CO. 96597 81.89 L~GUE OF MINNESOTA CITI 96598 60.00 LOFFLER BUSINESS SYSTEMS 96599 298.43 LUBE-TECH 96600 57.99 MARTINGALE & COMPANY 96601 474.39 NECHANICAL PART WAREHOUS 96602 50.50 MENARDS CASHWAY LUMBER-F 96603 100.28 MERIT RECOGNITION 96604 40.45 METRO WELDING SUPPLY 96605 9.59 MGS PROFESSIOAL BUILDING 96606 110.00 MIDWAY FORD 96607 249.34 MIDWEST ART FAIRS 96608 13.95 MILLAR ELEVATOR SERVICE 96609 101.50 MINNF~%POLIS FINANCE DEPT 96610 1,344.00 MINNESOTA LIBRARY ASSOC. 96611 274.00 NN CHIEFS OF POLICE EDUC 96612 1,456.00 MN DEPT OF ADMINISTRATIO 96613 37.00 MORTON SALT 96614 6,436.53 MURDOCK/?HOMAS O. Pm 96615 125.00 NATIONAL AP~BOR DAY FOUND 96616 t0.00 NORTH MEMORIAL EMS EDUCA 96617 515.00 O'GAP~t/ANDREW 96618 210.76 OFFICE DEPOT 96619 577.72 ONNIGP~PHICS, INC 96620 320.00 ONVOY 96621 24.95 OVERBY/MICHELLE 96622 918.54 PAM OIL INC 96623 64.41 PARK SUPPLY INC 96624 95.16 PANTS PLUS 96625 29.97 PARTS WAREHOUSE, INC 96626 54.06 PATTON IND. PRODUCTS 96627 66.39 PC SOLUTIONS 96628 305.82 PIONEER RIM & WHEEL CO. 96629 28.09 P~DIO SHACK 96630 10.64 REGION TRUCK EQUIPMENT I 96631 814.12 BRC FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/08/2002 11 Check History GL540R-V06.40 PAGE 5 02/22/2001 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT RUGG'S RECO~4ENDATIONS 96632 27.95 SCHINDLER ELEVATOR CORP 96633 188.64 SHINY METALS INC 96634 67.15 SMITH MICRO TECHNOLOGIES 96635 33t.46 ST PAUL-DED/THE 96636 319.95 STEEL TECH INC 96637 127.80 STREICHER'S GUN'S INC/DO 96638 195.25 SURPLUS SERVICES 96639 12.50 SYSTEMS SUPPLY INC. 96640 683.32 TELEPHONE ANSWERING CENT 96641 96.00 TENNANT COMPANY 96642 175.74 TREADWAY GP~tPHICS 96643 111.44 TROPHIES BY LINDA 96644 15.98 TULL BEARING 96645 20.87 UNITED PARCEL SERVICE 96646 7.29 UNITED STATE POSTAL SERV 96647 56.00 US FILTER/WATER PRO 96648 185.50 VAN-O-LITE 96649 37.70 VAUGH~/KELLY 86650 500.00 VECTOR INTERNET SERVICES 96651 150.00 VERIZON WIRELESS 96652 294.79 VIKING ELECTRIC SUPPLY 96653 56.28 VOSS LIGHTING 96654 196.85 WAGER'S INC. 96655 174.08 WERNER ELECTRIC SUPPLY C 96656 70.95 WILLAMETTE INDUSTRIES IN 96657 326.96 XPE~ FIRST AID 96658 114.06 ZANL EQUIPMENT 96659 293.62 745,593.36 *** CITY COUNCIL LETTER Meeting of: February 11, 2002 AGENDA SECTION: ITEMS FOR CONSIDERATION--- ORIGINATING DEPARTMENT: CITY MANAGER'S ORDINANCES/RESOLUTIONS CITY MANAGER'S APPROVAL NO: ? - - l .. RESOLUTION REGARDING THE CITY MANAGER'S DATE: 2-11-02 COMPENSATION NO: At the February 4, 2002, City Council executive session, the City Council reviewed the City Manager's performance and compensation. Based on that discussion, it was recommended to give the City Manager the following increases consistent with pay adjustments granted other employees: 1o Effective January 1, 2001: 2. Effective January 1, 2002: 3. Effective January 1, 2003: 3 ~% pay adjustment 3 ~% pay adjustment 3 ~% pay adjustment. The attached resolution makes these changes to the City Manager's compensation. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-09, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2002-09, being a resolution regarding City Manager compensation. COUNCIL ACTION: 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: Effective January 1, 2001:3 ¥2% pay adjustment Effective January 1, 2002:3 V2% pay adjustment Effective January 1, 2003:3 V2% pay adjustment Passed this __ day of ,2002. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COO-NCIL LETTER Meeting of: February 11, 2002 AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~-A-~ CHARTER COMMISSION APPROVAl,// / ITEM: FIRST READING OF ORDINANCE NO. ~h~.. BY: T. Ericson, Chair ~E~..~~ PERTAINING TO CHAPTER 3, SECTION 19, DATE: 2-1-02 PROCEDURE ON ORDINANCES NO: Currently, Chapter 3, Section 19, of the City Charter states that reading of ordinances by unanimous vote could be dispensed with provided the printed text is made a part of the official minutes upon passage and at least three days elapses between the first and second readings thereof. Last fall and at the January 17, 2001 Charter Commission meeting, a change to this section of the city charter was discussed. The commission discussed the advantages and disadvantages of the current and proposed language. It is the commission's opinion the "reading" requirement is designed to protect the public's right to be informed about ordinances under consideration by the city council. As you know, for practical purposes, it is rare that an ordinance is actually "read." The Charter Commission members discussed the possibility of requiring a 3/5 vote, as well as the possibility of expanding the language to more broadly define an "emergency." After much consideration, we agreed that the best alternative was to require a 4/5 vote to waive the reading of the ordinance. We are confident that if an ordinance exists that should literally be read, at least two council members will agree and the reading will not be waived. The commission concluded that changing the requirement to a 4/5 vote will protect the interests of the public, while at the same time, reduce the likelihood that any member of the council can use this provision as a "stalling" tactic or for some purpose other than that for which it was intended. As representatives of this community, the Charter Commission is extremely disappointed that this would even be an issue, but it is important to us that the possibility be considered. It is our belief that leaving the language in its current form allows for abuse. The Charter Commission realizes that final adoption of this proposed language requires a unanimous vote of approval by the council. It is the intent of the Charter Commission to place this item on the ballot during the next general election if it is not unanimously approved by the council. Again, we are confident that if the public were fully aware of the intent of this section and the possibility for abuse by a council member, they would agree that a 4/5 vote to waive an ordinance requirement would be sufficient. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. ~[~ , an ordinance pertaining to Procedure on Ordinances, to February 25, 2002, at approximately 7 p.m. COUNCIL ACTION: ORDINANCE NO. BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 19 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PROCEDURE ON ORDINANCES The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 19 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: PROCEDURE ON ORDINANCES. The enacting clause of all ordinances by the council shall be in the words, "The City of Columbia Heights does ordain." Every ordinance shall be presented in writing. Every ordinance, other than emergency ordinances, shall have two public readings in full, except that the reading may, by unanimous vote, be dispensed with, provided the printed text is made a part of the official minutes upon passage and at least three days shall elapse between the first and second readings thereof. Every ordinance appropriating money in excess of five hundred dollars, and every ordinance and resolution authorizing the making of any contract involving a liability on the part of the city in excess of five hundred dollars, shall remain on file in the office of the secretary of the council at least one week, and shall be published at least once in the official newspaper of the city or posted on official bulletin boards in the manner provided by this charter, before its final passage except in the case of emergency ordinances. IS HEREWITH AMENDED TO READ AS FOLLOWS: PROCEDURE ON ORDINANCES. The enacting clause of all ordinances by the council shall be in the words, "The City of Columbia Heights does ordain." Every ordinance shall be presented in writing. Every ordinance, other than emergency ordinances, shall have two public readings in full, except that the reading may, by four-fifths (4/5) unanimzu~ vote, be dispensed with, provided the printed text is made a part of the official minutes upon passage and at least three days shall elapse between the first and second readings thereof. Every ordinance appropriating money in excess of five hundred dollars, and every ordinance and resolution authorizing the making of any contract involving a liability on the part of the city in excess of five hundred dollars, shall remain on file in the office of the secretary of the council at least one week, and shall be published at least once in the official newspaper of the city or posted on official bulletin boards in the manner provided by this charter, before its final passage except in the case of emergency ordinances. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting off 2/11/02 AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER NO: '7_ A --1) PUBLIC WORKS (~ ITEM: ADOPT ORDINANCE #1444 AMENDING THE BY: K. Hansen BY: COURTESY BENCH SECTION OF CITY CODE DATE: 2/9/02 ~ DATE: ~ Background: The Public Works Department has been developing language to further address safety and nuisance issues revolving around bus courtesy benches and has added a section regulating newsstands. This has been before the Council at Work Sessions on April 16, September 4, 2001 and January 22, 2002. Metro Transit and the Bus Bench Company do not provide maintenance of the bench area for snow removal and liter/debris removal. Public Works is currently not designated responsibility for snow or trash removal at bus bench locations. The first reading amending the Courtesy Bench Section of the City Code was held on January 28, 2002. Staff requests that council members please bring the attachments to the Courtesy Bench item that were included in the packets from the January 28th Council Meeting. Analysis/Conclusions: City staff contacted other cities and largely on information from the City of New Hope, created a draft Courtesy Bench Ordinance. This initial ordinance was distributed for discussion at the City's Codes and Compliance Meeting on February 8, 2001. The committee members discussed the benefits that a revised ordinance would provide to better regulate the placement and maintenance of courtesy benches on Metro Transit Bus Routes throughout the City. The proposed ordinance was again reviewed at the April 15~ Code Enforcement Meeting to include advertising paper stands. Based upon these two meetings and staff review, minor revisions were made to the draft ordinance. The City currently has 22 sites that are designated courtesy benches and are currently owned by US Bench Company, a listing and description of each site is attached. The proposed ordinance would concentrate on the following seven areas and mandate that all bus bench owners comply with these regulations: 1. Courtesy Bench owners may not place a bus bench within the public right-of-way or on private property without first obtaining a permit from the City of Columbia Heights. 2. A separate permit is required for each Courtesy Bench. 3. Permits for benches will be granted on existing and approved Metro Transit bus routes within the City. 4. The City Manager has the authority to revoke or deny any permit for failure to comply with the provision of this ordinance, for misrepresentation of material facts in the original application, failure to maintain the Courtesy Bench, COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 2/11/02 AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT ORDINANCE/11444 AMENDING THE BY: K. Hansen BY: COURTESY BENCH SECTION OF CITY CODE DATE: 2/9/02 DATE: Page 2 - Continued Amendment to Courtesy Bench Ordinance February 11, 2002 denial because the bench is considered a safety hazard or the bench location is no longer served by the public transportation system, or because the transit route on which the bench is located has or will be included in a street renovation project, and for any reason which would be grounds for denial of the original application Place bus bench restrictions in designated "Streetscape Areas" in order to maximize the benefits of the proposed streetscape improvements. (Example: Central Avenue, 37t~ to 43fa.) Place restrictions that minimize and or designate the location of advertising paper boxes at bus bench locations. A Courtesy Bench placed in the public right-of-way in the City may be summarily removed by the City Manager if the provisions of this ordinance are not followed or if the bench does not meet the standards set forth by Minnesota Statutes, Section 160.27, Subdivision 6. Following the September 4th Work Session, the draft ordinance was forwarded to the City Attorney and City Planner for their review. The City currently has 20 newsstands within or near right-of-way areas. The proposed Ordinance would focus on the following areas to minimize problems associated with newsstands. 1. Newsstands are subject to the same location restrictions for courtesy benches as found in Section 3 (A-F) of the Ordinance. 2. Does not allow placing or attaching news stands to any courtesy benches in the City. 3. Restricts the placement of newsstands to enclosed spaces. 4. Provides for the process of removal, with proper notification, when the provisions set forth in the ordinance are not met. Staff has reviewed bus bench ordinances used by the cities of New Hope and Plymouth. Based upon the comments received at the January 22, 2002 work session meeting, a revised draft courtesy bench and newsstand ordinance is now attached for the City Council's review. Further modifications to the location of benches have been added to allow for existing conditions. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/11/02 AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT ORDINANCE #1444 AMENDING THE BY: K. Hansen BY: COURTESY BENCH SECTION OF CITY CODE DATE: 2/9/02 DATE: Page 3 - Continued Amendment to Courtesy Bench Ordinance February 11, 2002 Staff is recommending the First reading of a revised ordinance that amends the bus bench policy requiring all courtesy bench owners to maintain their benches in a safe and orderly manner and designate restrictions that will: 1. Prohibit bus bench locations and newsstands that may obstruct vehicular and/or pedestrian traffic, and 2. Minimize liter caused by newsstands, and 3. Prohibit bus bench locations that pose a snow or ice control problem, or otherwise be potentially detrimental to the safety of the public. 4. Prohibit bus bench locations in streetscape improvement zones, as designated by the City, and Establishes a newsstand section to the ordinance which regulates advertising newsstands used for the free distribution of material. Recommended Motion: Move to waive the reading of Ordinance 1444, there being ample copies available to the public. Recommended Motion: Move to adopt Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code (Section 6.303) and establishing a Newsstand Ordinance. Attachment: Courtesy Bench Ordinance COUNCIL ACTION: Courtesy Bench Ordinance 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 fight-of-ways and on private property if the bench is within three (3) feet of the public fight-of-way. Benches without advertising signs that are located on private property and more than three (3) feet from the public fight-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 fight-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 ~vithin 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 o f the bench. 1 Printed: 1/24/02 Courtesy Bench Ordinance (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: # qfBench Permits Limit of Liabiliw i. 1-10 Benches $250,000 ii. 11-50 Benches $500,000 iii.50 or more $1,000,000 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: 2 Printed: 1/24/02 Courtesy Bench Ordinance (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; (D 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. 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 otherxvise 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. 3 Printed: 1/24/02 Courtesy Bench Ordinance 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. 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 sno~vplow 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. 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. (4) Materials. A Courtesy Bench shall be constructed of durable materials including but not limited to concrete, xvood, steel, plastic, or combination thereof, xvith colors limited to whites, earth tones of subdued greens, grays, broxvns, reddish-browns, and golds. 4 Printed: 1/24/02 Courtesy Bench Ordinance (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 (road~vay 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) Summar~ 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 ora 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 distribution of material are herein referred to as Newsstands. Excluded 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. 5 Printed: 1/24/02 Courtesy Bench Ordinance General Operation. The purpose of this ordinance is to regulate the placing and maintenance of newsstands in public-rights-of-way. This ordinance ~vas 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) (2) (3) (4) (5) (6) (7) (8) (9) (10) Provide for pedestrian and driving safety, convenience, and comply with local, state, or federal handicapped accessibility regulations. 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. 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 fomes. 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. 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. Maintain and protect the values of surrounding properties, and protect and preserve public property. Reduce unnecessary exposure of the public to personal injury or property damage. Treat all publications equally regardless of their size, content, circulation, or frequency of publication. Maintain and preserve freedom of speech and freedom of the press. 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 ~vay 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. Printed: 1/24/02 Courtesy Bench Ordinance 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 mst 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 comers 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 ne~vsstand if the violation is not corrected within (10) days. The City Manager may remove the newsstand ten days 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 ne~vs 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-xvay 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. 7 Printed: 1/24/02 Courtesy Bench Ordinance 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-~vay 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. 8 Printed: 1/24/02 CITY COUNCIL LETTER Page 1 of 2 pages Meeting of Februar 11, 2002 AGENDA SECTION: ~ _ ¢ ORIGINATING DEPARTMENT CITY MANAGER POLICE APPROVAL: , NoITEM: ordinanceC°nsiderati°n of change to six (6)hour parking DATEBY: ThomaSFebruary 6' 2002 c~ ¢'vM' Johnson AX'/ BY'DA;FE.~/ BACKGROUND On January 28, 2002, City Manager Walt Fehst contacted the Chief of Police with a request that I research the history behind our six (6) hour parking ordinance No. 7.205(1) {see attached copy of ordinance. } The City Manager wanted to know why we have the ordinance set up the way we do, what other communities around us are doing, and what the police department's opinion is as far as the ordinance continuing as it is. I have obtained information from the following cities reference their parking ordinances: New Brighton, Fridley, Spring Lake Park, Anoka, Brooklyn Center, Ne~v Hope, Robbinsdale, St. Louis Park, and St. Anthony. I have found that four of the nine have the same ordinance as we currently have. They are New Brighton, Robbinsdale, New Hope, and Brooklyn Center. All except New Hope are first-ring suburbs. Fridley, St. Anthony, and Spring Lake Park have 24-hour ordinances. St. Louis Park has a 12-hour ordinance, and Anoka has a 20~hour ordinance. I have checked with senior members of our department and gathered the following information reference this ordinance: The ordinance was originally used to keep commuters from the northern suburbs from driving to Columbia Heights, parking their car on our city streets, and then taking a bus to downtown Minneapolis for work or school. By doing this, they saved the cost ora parking spot in a lot in Minneapolis. This can amount to several hundreds of dollars per month. Before the ordinance, the on-street vehicle parking greatly upset local residents that had unknown cars parked in front of their homes all day--and in some cases, all evening. It also caused great problems with the removal of any heavy snow that occurred during late night/early morning hours. We still get some calls of this nature where people park their cars on Columbia Heights city streets and then take the bus to Minneapolis or other destinations. This happens less now than previously because of the "park and ride" locations now available. The ordinance allows for clear emergency access for emergency vehicles. Many of our streets are rather narrow. If we have cars parked directly across from one another, it restricts the flow of fire trucks and Public Works vehicles with wing plows. Without this ordinance, it is felt that cars would be parked on city streets for long periods of time, thus creating problems for traffic flows, emergency vehicle flo~vs, and street maintenance. ANALYSIS/CONCLUSION The Police Department feels there is a direct connection between the number of cars parked on the street and the number of burglaries that occur in a neighborhood, the number of thefts from autos and thefts of autos, and an increased number of hit and run accidents from March to November each year when additional cars are on the street over night (no 2 a.m. to 6 a.m. ban). When the 2 a.m. to 6 a.m. ban is in effect, we check closely the cars found in the area of a burglary, COUNCIL ACTION: Council Letter, Six-Hour Parking Ordinance February 6, 2002 Page 2 of 2 pages theft from auto, or theft of auto call. One of the first things we look at in the way of investigation after a burglary is tickets written for 2 a.m. to 6 a.m. violations in the area of the burglary. When the 2 a.m. to 6 a.m. ban is not in place, we can fall back on the six-hour parking limit for this type of investigation. At times, we have obtained leads to the suspects with this information. We also use the six-hour parking regulations to control parking in the area of the High School. If we get citizen complaints of cars parked on the street during school hours in the area of the High School, we can chalk the tires of cars in this area and tag those that are still there when we return six hours later. This encourages the students to use the parking lots. As the Council is aware, we tag for six-hour parking by complaint. If a resident calls in a complaint of a car parked longer than six hours, we will chalk the tires of all cars within a one-block radius of the location of the car complained on. In six hours we will return and tag any cars that remain in the same position they were in when initially chalked. The Police Department feels that the six-hour parking ordinance is a valuable tool. We feel it helps to keep unknown vehicles from being parked for long periods of time in front of residences and it assists us with removing vehicles that are preventing road maintenance. We realize that with the changing demographics of our city, we have multiple cars at each residence, and at time, multiple cars for each apartment. That is one of the main reasons we have gone to a system of chalking and tagging by complaint instead of directing officers to chalk and tag continuously. I have pulled State Statutes in regards to parking and have attached them to this report. Also, attached is a list of tags issued over the past two years for six-hour violations. RECOMMENDED MOTION: Move to leave Ordinance No. 7.205(1) as is, with no changes. ALTERNATE MOTION: Move to direct staff to take required steps to change the six-hour parking ordinance, to a hour parking ordinance. ALTERNATE MOTION: Move to direct staff to bring this issued before the next Traffic Commission meeting in order to set up and hold a public hearing on the issue and to report back to the Council with the results. TMJ:mld 02-25 Attachments 7.205 (1) 7.205 (2) 7.205 (3) 7.2o5 (4) 7.205 (5) PROHIBITED NON-MOVING VIOLATIONS No person shall park a vehicle in his custody or control in any one place upon any street or roadway for a continuous period longer than six (6) hours or: (a) (b) In a metered parking zone as indicste~ by the location of installed meters, be=ween the hours of 9:00 a.m. and 6:00 p.m. of any day except Sundays and lesal holidays, at any t/me when said meter indicates that the time has expired since the last deposit of coins therein, or In a metered parking zone durin~ the aforementioned times in such a position that said vehicle is not en- tirely within the space designated for a particular meter, un/ess the length of said vehicle exceeds the length 0£ the space provided. No person shall park a vehicle in his custody or control in such a manner as to protrude into or obstruct a lane designed for mov- ing traffic or a fire lane, or park a vehicle on a residential street where parking is prohibited, or park a vehicle in any alley. No person with title or custody of s motor vehicle shall abandon such vehicle as defined herein, anywhere within the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: (a) A motor vehicle which has r~ined in any one place on public property for a continuous period of 48 bouts and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (b) A motor vehicle which has renained on private property for a continuous period of 48 hours without the consent of the person in control of such property. Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). No person shall operate, park, stop or stand a vehicle in his custody or control in such a manner as to violate the parking res- trictions prescribed by 7.202 (7), or any other restrictions of a temporary or emergency order, pursuant to 7.202 (8), whether such order is posted or not. No person shall wash, grease, or repair any vehicle on any park, boulevard, or parkway, except to perform necessary e~ergency repairs. - 249 - 2000 AND 2001 EXTENDED PARKING TAGS [2-1/2 ST-NE 1 2 ST NE 2 NE 3 39 AVE NE 4 ST NE 40 AVE NE 41 AVE NE 42AVE NE 43 1/2 AVE NE 1 43 AVE NE 44 AVE NE 47 1/2 AVE NE 47 AVE NE 49 AVE NE 1 50 AVE NE 6 ST NE 3 7 ST NE 4 BOREALIS LN NE CENTRAl_ AVENE 3 CIRCLE TERRACE BLVD NE 5 CLEVELAND AVE NE FILLMORE ST NE GOULD AVE NE 2 HEATHER ST NW 1 JACKSON ST NE 1 'JEFFERSO~I STNE 4 JOHNSON ST NE 2 MAD~Soi~ ST NE -' 1 MAIN ST NE 1 MCLEOD ST NE MONROE ST NE NORTH UPLAND CRST NE PETERS PL NE PIERCE ST NE POLK ST NE QUINCY ST NE RESERVOIR BLVD NE ST NE/42 AVE NE STINSON BLVD NE SUMMIT ST NE TAYLOR ST NE TYLER ST NE UNIVERSITY AVE NE UPLAND CRST NE VAN BUREN ST NE WASHINGTON ST NE WOODLAWN DR Total Citations for the year 2 ~ 4 - 4 .... ; 3 1 1 1 2 I 1 2 3 I 1 2 1 ~ 2 ~ 1 1 3 5 1 1 1 I 2 2 2 1 $$ 71 THESE MINUTES HAVE NOT E EEN APPROVED City of Columbia Heights Park and Recreation Commission December 26, 2001 The meeting was called to order by Eileen Evans at 6:15 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Roger Peterson; Kevin Hansen, Public Works Director/City Engineer; Keith Windschitl, Recreation Director APPROVAL CONSENT AGENDA: Motion to approve consent agenda by Foss; second by Roger Peterson. All ayes, motion carried LETTERS AND REQUESTS: Recreation Director, Keith Windschitl, discussed the Columbia Heights Fire Fighters Association request for fees to be waived/reduced. He indicated that the Columbia Heights Fire Fighter Association is comprised of Columbia Heights Fire Fighters and retired Fire Fighters and they are looking to hold their annual banquet at JPM to keep the costs down. January 5, 2002 is currently not rented. Motion by Bill Peterson, second by Roger Peterson to waive fees for their annual banquet to be held on January 5, 2002 at John P. Murzyn Hall. All ayes, motion carried. OLD BUSINESS: Recreation Director, Keith Windschitl, discussed the proposed 2003 rental rates. The City Council Members voted at their December 17, 2001 meeting to increase the 2003 rates by 10% and to decrease the Columbia Heights resident discount to 25% effective January 1, 2002. NEW BUSINESS: There is no new business at this time. PAGE TWO REPORTS: Recreation Director, Keith Windschitl, thanked Roger Peterson for his service and dedication on the Park and Recreation Commission. His last day on the Commission is Wednesday, December 26, 2001. The Commission members wish him future success. Recreation Director, Keith Windschitl, thanked everyone for coming and wished everyone a happy holiday. Commission Member, Roger Peterson, asked Public Works Director/City Engineer, Kevin Hansen, on how Public Works determined which skating rinks will be closed for the 2001-2002 skating season. Public Works Director/City Engineer, Kevin Hansen, stated that it was based on numbers in attendance during the 2000-2001 skating season and geographic location. ADJOURNMENT Motion by Greenhalgh, second by Foss to adjourn. All ayes, motion carried. Meeting adjourned at 6:30 p.m. Tina Foss, Park and Recreation Commission Secretary THESE MINUTES HAVE BEEN City of Columbia Heights Park and Recreation Commission January 23, 2002 The meeting was called to order by Eileen Evans at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Roger Peterson; Kevin Hansen, Public Works Director/City Engineer; Keith Windschitl, Recreation Director Also present: Laura Zagaros; Austin Zagaros APPROVAL CONSENT AGENDA: Motion to approve consent agenda by Niemeyer; second by Foss. All ayes, motion camed. LETTERS AND REQUESTS: Recreation Director, Keith Windschitl, discussed the Columbia Youth Wrestling Club's request to hold a spaghetti dinner as a fundraiser at JPM on Sunday, February 17, 2002. Commission Member, Eileen Evans, asked if they were able to hold their fundraiser on a Wednesday night. Recreation Director, Keith Windschitl, stated that it would not be feasible due to several students having church obligations on Wednesday nights. He also stated that there is an event on Saturday, February 16, 2002 and there would be clean up the morning of the fundraiser in order for it to be held. Motion by Bill Peterson, second by Foss to enforce the $40 entry fee and $15 an hour, waiving all fees for clean up from the previous night. All ayes, motion carded. Recreation Director, Keith Windschitl, discussed the request for fees to be waived for Southern Anoka Community Assistance to hold a spaghetti dinner as a fundraiser to be held at JPM on Wednesday, March 6, 2002. The proceeds from the fundraiser will go to helping those in need within our community. Motion by Foss, second by B. Peterson to waive all fees. All ayes, motion carried. Recreation Director, Keith Windschitl, discussed the request for fees to be waived/reduced for Laura Zagaros to hold a fundraiser for her son at JPM. Laura Zagaros explained the nature of her request and some possible ideas on how she would run the fundraiser. Her son is one of three kids chosen from Columbia Heights to participate in the People to People trip leaving for Australia during the summer of 2002. She has no set fundraising date scheduled. Commission Member, Eileen Evans, expressed her concern with having a private fundraiser and suggested that all of the PAGE TWO kids chosen from Columbia Heights should hold one public fundraiser together. Mayor, Gary Peterson, stated that alcohol is not conducive with the Murzyn Hall policy regarding holding a fundraiser to be held at JPM. Commission Members suggested Recreation Director, Keith Windschitl, suggest options for fundraising and indicate a weeknight rental would be fee waived and a weekend rental would follow the Murzyn Hall policy of $40 entry fee and $15/hr. to Laura Zagaros and will report any further developments as they become available. OLD BUSINESS: Recreation Director, Keith Windschitl, handed out a letter addressed to the City Manager, Walt Fehst, by the Senior Coordinator, Karen Moeller, following a meeting held on December 4, 2001 with the Recreation Director, Keith Windschitl; Director of Community Education, Judy Yantos; Superintendent of Schools, Nancy Kaldor; and School Board Chair, Jan Ostazeski. He indicated that ISD 4/13 would like to have 25% of senior activities held at the high school and learning center in order to justify paying 25% of the Senior Coordinator salary. In 1990, a contract was drawn up between ISD//13 and the City of Columbia Heights agreeing that the City would pay 75% of the Senior Coordinator salary and ISD//13 would pay the remaining 25%. Currently, ISD 4/13 owes for 2001. The school district wishes to withdraw the 25% of funding. The City Council has recommended that the letter get forwarded to the district. NEW BUSINESS: Public Works Director/City Engineer, Kevin Hansen, discussed the National Park Service Urban Park Federal Grant possibilities. Unlike the state grant that matches the city 50/50, the National Park Service Urban Park Federal Grant matches the city 70/30. He also stated that out of 177 grants that applied for the DNR grant, only 32 were awarded. Columbia Heights was one of the 145 applicants not awarded the DNR grant. Motion by Greenhalgh second by Niemeyer to allow Public Works Director/City Engineer, Kevin Hansen, to proceed with inquiring information to be placed on the National Park Service Urban Park Federal Grant list of distressed cities that would qualify for the grant. All ayes, motion carded. Public Works Director/City Engineer, Kevin Hansen, informed the commission that Silver Lake Camp has been purchased by to Hennepin County. Commission Member, Jerry Foss, asked Kevin what the possible dollar amount would be if Columbia Heights were to sell Silver Lake Beach and boat landing and if that money would go back to the parks fund. Kevin stated that as long as there is no federal money tied to the original purchase of the beach and boat landing, all of it would go towards the parks fund. There is no exact dollar amount determined on the beach and boat landing. PAGE THREE Mayor, Gary Peterson, informed the Commission Members of the property that the City owns west of Main Street and 37th Ave. N.E. He has met with Bruce Nedegaard, developer, to discuss possible options that the City can do with the property. It has potential to be turned into a park or have 10 houses or 22 town homes built on the property. The property comes up as parkland but is zoned commercial. Gary is hopeful that a decision will be made to further develop this area. Commission Member, Eileen Evans, asked Public Works Director/City Engineer, Kevin Hansen, when the railroad was to be removed from behind Murzyn Hall. Kevin stated that a company in Calgary, Canada has the signed contract to remove the railroad, which is to be removed this spring. REPORTS: Recreation Director, Keith Windschitl, stated that the City Council has voted to go with web press for the 2002 City newsletter. Going web press will save the city approximately $1426.00/year. Recreation Director, Keith Windschitl, informed the Commission Members that Kelly Becker is the new Youth Enrichment Coordinator. Kelly started with the Recreation Department on January 22, 2002. Half of her salary will be paid out of the CHASE grant and the other half will be paid by the City. Recreation Director, Keith Windschitl, informed the Commission Members that he would be out of town for the February 2002 meeting. Public Works Director/City Engineer, Kevin Hansen, reported to the Commission that skating rinks have been open 15 days this skating season. Aside from a two-week period around Christmas, the skating rinks have been used lightly. Commission Member, Scott Niemeyer, asked if the purchase Sharky's by Walgreens is final. Public Works Director/City Engineer, Kevin Hansen, reported that Walgreens has signed the agreement with the City of Hilltop but no formal date has been established. Currently, Sharky's still has five years left out of their six-year lease. Commission Member, Eileen Evans, asked Commission Member, Jerry Foss, what amount of revenue pull tabs brings in a year for the Columbia Heights Athletic Boosters Association. Jerry stated that pull tabs generates approximately $110,000 yearly, of which most goes to the school district and the Recreation program. He also indicated that the Booster Association has indicated that they will continue to support the Recreation program and consider it a top priority. PAGE FOUR ADJOURNMENT Meeting adjourned at 7:49 p.m. Tina Foss, Park and Recreation Commission Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING FEBRUARY 5, 2002 7:00 PM These minutes not approved. The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Johnson, Ericson, and Yehle. Commission Member Schmitt arrived at 7:02 pm after roll call. Council Representative Marlaine Szurek Also present were Tim Johnson (City Planner) and Shelley Hanson (Secretary). Motion by Yehle, second by Ericson, to approve the minutes from the meeting of December 4, 2001. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #2002-0201 Linder's Greenhouse 4300 Central Avenue NE Planner Johnson explained to the Commission members that Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" in the easterly portion of the parking lot of Central Valu Mall at 4300 Central Avenue from April 15, 2002 to July 10, 2002. This will be the 11th year Linder's has operated their greenhouse in Columbia Heights. They have provided a letter from the property owner supporting this operation, a Certificate of Insurance, and the required site plan. The new Zoning Ordinance limits this type of use to 90 days and the timeframe mentioned above, meets that restriction. The property to the north and south of the subject parcel is zoned LB and is used commercially. The property across Central Avenue to the east is zoned GB, Retail Business and is used commercially. The area west of Central Valu Mall is zoned R-2, Single and Two Family Residential and is used residentially. The Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The site plan and configuration remains unchanged from previous years. A fence will enclose the patio area and connect to each structure. The Fire Department has reviewed the proposal and has expressed no concerns. There is adequate parking and it should be noted that the surrounding parking area proposed for use as a Rainbow Fuel Center and the proposed multi-tenant specialty retail should not impact Linder's future at this location. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING FEBRUARY 5, 2002 PAGE 2 The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures on the site to ensure their removal at the end of the approved time period. Ericson asked when construction on the new fuel center is scheduled to begin. Planner Johnson explained that construction was originally planned for last fall, however, there were some easements issues that needed to be addressed before construction could commence. The legal work is progressing and construction should begin in the next couple months. He also noted that the proposed greenhouse would not interfere with the construction plans. Schmitt asked if there is going to be a greenway between Rainbow and the new buildings. Planner Johnson stated this is still part of the plan, and the greenway would run between the present building and the retail center. The projected date of construction for the retail center is still unknown at this time. Motion by Ramsdell, second by Yehle, to recommend approval of the Conditional Use Permit to allow the operation of a temporary mini-garden center in the easterly portion of the parking lot 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. All Ayes. MOTION PASSED. NEW BUSINESS A. Election of New Officers Chairperson Ramsdell explained that a Chairperson for 2002 must be elected. Motion by Yehle, second by Johnson, to nominate Thomas Ramsdell to be the Chair of the Planning & Zoning Commission for the year 2002. Ramsdell was elected Chair unanimously by white ballot as no other nominations were received. B Acquisition of 3722 Central Avenue The existing single family home at 3722 Central Avenue is in the process of being acquired by the City. The single family home is considered non-conforming and is dilapidated in nature. This property is intended for future commercial revitalization purposes. However, there is no specific commercial redevelopment plan at this time. This is consistent with the Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF FEBRUARY 5, 2002 PAGE 3 MN Statute 462.356 requires that if a city has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. Motion by Johnson, second by Yehle, to support the action of the Columbia Heights City Council to acquire the property at 3 722 Central Avenue NE, provided the future development of this parcel remains consistent with the City Comprehensive Plan. All ayes. MOTION PASSED. MISCELLANEOUS Ericson asked about the future of the old KFC site. Tim Johnson responded that no one has brought any plans to his attention. He has received a few inquiries regarding the zoning and the permitted uses of the site. Enclosed in the agenda packets were several seminars available to members if anyone is interested in attending. This is for infom~ational purposes only. If any of the commission members wish to attend a session, contact the Community Development Dept. so the registration can be processed. Motion by Yehle, second by Johnson, to adjourn the meeting at 7: l S pm. All ayes. Respectfully submitted, Shelley Hanson Secretary