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HomeMy WebLinkAboutJanuary 17, 2007 Work Session Mavor Gaty L. Peterson Councilmembers Rohert A. rVilliams Bruce Nawrocki Tammera Ericson Die/un Bruce KeJ::enherg Otv Mllnaeer Walt Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Dill' Websitc at: www.ci.colll/llbia-heights./Iln.lIs ADMINISTRA nON NOTICE OF CITY COUNCIL MEETING ************ to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL JANUARY 17,2006 5:00 P.M. CONFERENCE ROOM 1 WORK SESSION AGENDA 1. Hart Blvd trail & trail connections/road closure (37-39th) 2. Land lease of675 37th Avenue 3. Ordinance to amend the Public Nuisance Al1icle of City Code 4. Proposed purchase of three emergency generators - discussion 5. Council Liaison review - including National League of Cities representative 6. Board and Commission appointments 7, Central Avenue TIF extension legislation 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 handcapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City of Columbia Heights Public Works Department Work Session Discussion: Work Session Date: January 17, 2007 ,d-A-... Prepared by: Kevin Hansen, Public Works Director/City Engin~!:2:::~Sd.// ITEM: HART BOULEVARD FROM 37TH TO 39TH AVENEUS: 1. Trail Connections 2. Road Closure Background: Attached is a site plan that shows the Hart Lake Addition Development proposal site plan that has received preliminary plat approval. Two lots are proposed that will include a 52 unit assisted living building and a new City Liquor Store. The proposal includes a paved bituminous trail on the west side of Hart Boulevard from 3 7th Avenue to the north property line, approximately 550 feet north of 3 ih Avenue. Council consideration of the Hart Lake Addition Final Plat is scheduled for January 22nd, 2007. Analysis/Conclusions: 1) Paved bituminous trails were discussed extensively several years ago during the Minnesota Design Team visit. A main trail loop and connecting City parks were final recommendations of the Design Team. Bituminous trails that have been installed since are at Prestemon Park, a concrete sidewalk on 4 ih as part of the Grand Central Lofts development and in the new Huset Park roadway and pond. A trail was also proposed on the University Service Drive MnDOT grant application in 2007. With the concept of making pedestrian connections via trail ways, staffhas evaluated the Hart Lake Addition development in relationship to pedestrian connections. It is possible to provide connections from Hart Lake to Prestemon Park to Stinson Boulevard and then north on Stinson to make a connection to Silver Lake Boat Landing and Beach. This route would provide connectivity to several City park facilities, the SilverWood Regional Park and new retail to the east in St. Anthony. An immediate (2007) connection could be made from Hart Lake to Prestemon Park. A connection from Prestemon to Stinson could be made along property lines of 3850 and 3836 Stinson Boulevard, but may require easement acquisition. 2) The concept of closing a portion of Hart Boulevard was discussed with the council when the redevelopment of Apache Theater site began. Attached is a drawing that shows a cul-de-sac that would provide access to the new development and close Hart Boulevard. A similar cul-de-sac would need to be placed from 39th Avenue to provide access to the existing apartments. Pros and cons of closing Hart Boulevard may be summarized as follows: . Develops green space next to Hart Lake, removes hard surface runoff to the lake, promotes infiltration with new green space. . Allows flexibility for trail alignment from north to south. . Allows for slope restoration and new landscaping adjacent to the lake. . Improves 39th Avenue intersection operation by removing thru traffic on south leg - only apartment destination trips would be on south leg of this intersection. . Would require State-Aid designation removal for this segment. . Funding of potential work is undetermined. . Full easements would need to be retained for existing utilities . Traffic would shift to other street Requested Motion: Discussion and provide direction for trail connections and Hart Boulevard closure from 3ih to 39th Avenues. Attachments ~ENE~l NOTES GRADING .NOTES ShVAGE AND PROVIDE A MINIMUM DEPTH OF o-.INCHES OF TOPSOIL TO All AREAS OISH1Rl!!;.P llY CQNS,RtJ<.:nON PROP0Sf;:D 51'0' UH'A 'IONS "'NO t.:UNfO\lRS ARE TO F1NlSHED DRAOE. P"'VEMENT SURFACE UM 1'OP OF CUR8, UN~ESS OTHERWISE SPECIFIED CARE MuST BE TAKEto D.JKING CD"iSHlUCTION i\NDEXCAVA'ION TDPf.lOT;::CT All SURV[f MONUMENT" ANDJOR PROPERTY IRONS ON AND ADJACENT TO THIS SITE REPAIR All DAMAGE fa EXISYING FAC1UTIES RESULTING FROM CO'lSTRUCTION ACrI\'rHES AT NDease TO THE OWN!;"R AL CURB A.."W GUTTER SHALL BE CONCItETE B61~, UNLESS OTHERWISE SPECIfiED SHOElAIl EXISTING SURVEY 1 VERTICAL CONTOUR INTERVAL CITY OF MINNEAPOLIS VERTICAL DATUM ~ARIA!;lL.t CQNTOlJ'i INf!;;R\.'AJ. FOR PROPOSEO GR.AJJINQ CONTRACTOR TO ENSURE THAT LAND DISTURBANCE DOES NOT OCCUR OUTSIDE GRADING LIMITS. GOPHER STATE ONE CALL SYSTEM 651.454.0002 [SJ,~.~. "" ~----""...f, f'ON01OCTAlL [SJ.,~ , ~." ,~o ~ POHC2ocr....L HART LAKE NWL 239,70 100YR HlfL 240.50 PROPOSED RETAIL BUll.DING 11,050 SF FFE 246.0 (SLAB) :zqlll<;2.,.(\t\1 INSTALL 8612 C&G TO VItTI; FtOWUN( AT PRDPfRTY UNE. Nore 8" UNOERDRAIN MUST BE PERFORATED THROUOH nlE B!O.FI~TERAREAONLY. ALL ::~"]).tB.~ AREAS SHALL BE - . NON.PERFORATED PIPE. 80lFll TER #2 BOTTOM [LEV 248.0 TOP ELEv. 249.5 SEE DETAIL SHHET C3':' SEE lANDSCAPE PLAN FOR PLANTiNG REOUIR[MEN'S >- <( S o lY o i: <( lY a. w ~ ~ ~ '" I'" <: - ...... ........................ ~ .c..;... ,.' C-- ?; ;;;;J' ~ ~ G z 0 r- ei 0 <" f; " r ~~~rB~~2 pit~E~)"IU~E.1 II ,2 z lL.;c.: ::L.L < <<;? c= --J "'J 'C '" t-~ z tL- c: <~ " < E ~ I:T; ;;; '-' ,., lH.lI ADD 710.30' TO DRAWING ELEVATIONS FOR MSL ELEVATIONS. 37TH AVENUE NORTH EAST t NlOJ€cr>m 475..Q02 DlV<wNSV JOR CloED<E06' JHR '^~ 10.06.06 s.,CCH.O C2.2 8" GV & BOX 8" DIP PLUG W/BLOCKING ---,---~_._. INSTALL HYDRANT wi FlNISH GROUND ELEV. 254.1 .. -" -.. -.. -.. -' .-e.. -.. -" -..... -., INSTALL 46" DIA RIM ELE INV ELE R-2561 8" BIOFII PIPE. SE FOR INVI \ \ \ \ \ \ ... \ iJ , ~ I e , 0 : ~ , I $. :CT TO EXISTING 8" YeP SANITARY \ UTILIZING SADDLE WITH STAINLESS 'EEL BANDS. INVERT ELEVATION AT ECTION 238.40 SHALL BE VERIFlED PRIOR TO CONNECTION. INSTALL MH 8116 30" DIAMETER RIM ELEV. 240.00 INV ELEV. 237.84 R-4341A CASTING z '" /0E-. c: l-i 1 12"'" 18" Ref' CUll G O.4~ INSTALL MH #119 48" DIAMETER RIM ELEV. 242.10 INV ELEV. 238.66 R-1642 CASTING CONSTRUCT MANHOLE OVER EXISTING 18" PIPE CONNECT TO EXISTING 10" WATER MAIN. ASBUILTS INDICATE A 10"Xl0" TEE WAS INSTALLED AT THE CONNECTION POINT WITH THE RUN TO NORTH AND BRANCH TO WEST. INSTALL A 10"X8" REDUCER TO TEE AND 8" GAVE VALVE IMMEDIATELY AFTER. 37TH AVENUl NORTH EAST I~ " ;;:RTY OF HEl AND MAY NorSE USED OR COPIED WITHOUT PRIOR WRrrrEN CONSENT. Bart Boulevard Trail " ", t' 3967 3955 947 .,r>,J, /__:/3719~\ N L E G E N D ! 500 ro 0 Trees Impervious Surface CJ Lots/Parcels Feet tit Poles Treelines Parks Buildings Recreational Features Water 1 ' City of Columbia Heights Public Works Department Work Session Discussion: Work Session Date: January 17, 2007 ,tit Prepared by: Kevin Hansen, Public Works Director/City Enginee~ ITEM: PROPERTY AT 675 37TH AVENUE Background: The property located at 675 37th Avenue is owned by Hilltop Trailer Sales. It is open, vacant land with no improved or permanent buildings on the site. Until recently, it had been used as trailer storage associated with their business operations. In 2006, the property ceased being used for trailer storage. The owners of Hilltop Trailer Sales approached Public Works to determine an interest in the potential lease of the property. Analysis/Conclusions: The attached map shows the size of the rectangular property at 186 x 360.2 feet, equal to 66,997.20 square feet or 1.54 acres. The entire parcel is enclosed with a chain link fence with access on to Madison Place. The parcel surface is a combination of gravel and turf. Public Works does have an interest in the parcel identifying the following municipal uses: . Storm water paneling to meet NPDES Phase TT requirements for municipal operations. . Covered storage for mixed salt/sand storage (now stored in the open) . Materials storage such as for water main breaks excavations, asphalt, concrete, wood chips and other Public Works excavations (currently being stored on other City owned land). . Snow storage for snow removal operations. . Reserve Future use The owners of Hilltop Trailer sales approached the City prior to leasing the parcel out to other users. Hilltop Trailer had indicated a trucking company was interested for short and long term storage of tractor-trailers. Outdoor storage would require other City approvals through the CUP process. Staff has not negotiated with Hilltop Trailer but requested a cost range that they provided of approximately $3,000 per month or $36,000 per year. Requested Motion: Discussion and provide direction for land lease. Attachment 3829 5 (j) w (j) (j) W "'-J 647 I- C/) z o C/) - o <( ~ 38TH PL 675 637 711 City of COLUMBIA HEIGHTS ONner Info: Name 1 - J R PROPERTIES INC Name 2 - ONnerAddress -7810 UNIVERSITY AVE NE ONner CSZ - FRIDLEY: MN 55432 SrteAddress - 675 37TH AVE Legal Description: COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY: MINNESOTA S 63 FT OF W 10.5 FT OF LOT 8 S 63 FT OF LOTS 9 THRU 17 S 63 FT OF LOT 18(EX THE W .5 FT)LOTS 42 THRU 50 & THE VACATED ALLEY LYING N OF THE W LINE OF LOT 42EXTENDED TO THE E LINE OF LOT 50EXTENDED ALL INBLK 88 COL HGTSANNEX TO MPLS, CNTY OF ANOKA, STATE OF M N LEGEND Building Q Lot/Parcel Right of Way N I Sources: City of Columbia Heights - Engineering Anoka County Assessor 200 I I Feet Map Date: January 11, 2007 3 CITY COUNCIL LETTER Meeting of January 22, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL No. ITEM: Ordinance Change BY: Gary Gorman No: DATE: January 10,2007 DATE: Background: The Fire Department and Police Department are requesting minor changes to the existing Public Nuisances section of City Code. On the recommendation of the City Attorney the Fire Department no longer needs to send hearing notices out via certified or registered mail. A large percent of certified mail comes back unclaimed. This language will be changed. The Police Department is requesting to add graffiti to the list of Public Nuisances Affecting Peace and Safety. Graffiti was left out during the re-codification of the City Code. The Public Nuisance section of City Code is a better fit for its placement. Analysis/Conclusions: The change in how hearing notices are sent will speed up the process and provide the cost saving of certified or registered mail. Graffiti removal needs to be added back into City Code and this ordinance will accomplish that. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1520, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish a second reading of Ordinance No. 1520 being an ordinance amending Chapter 8, Article II of the City Code of the City of Columbia Heights pertaining to public nuisances for February 12, 2007 at approximately 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1520 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, CITY CODE PERTAINING TO PUBLIC NUISANCES The City of Columbia Heights does ordain: Chapter 8, Article II of the Columbia Heights City Code, which currently reads to wit: ARTICLE II: PUBLIC NUISANCES Section 8.201 8.202 8.203 8.204 8.205 8.206 8.207 Public nuisance defined Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances affecting peace and safety Duties of city officers Abatement Recovery of cost ~ 8.201 PUBLIC NUISANCE DEFINED. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or (C) Is guilty of any other act or omission declared by law or this subchapter to be a public nuisance and for which no sentence is specifically provided. ~ 8.202 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (J) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. ~ 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in such occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation oflaw, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. ~ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All unnecessary noises, odors and annoying vibrations; (E) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under such conditions as are permitted by this code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (H) All hanging signs, awnings and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (1) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (J) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or permitted to flow upon streets or other public properties; (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation; (N) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located; (0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (P) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; {R\ T'hf" rli(;:nbv of ~nv ::lrlvf"rti(;:f"mf"nt litf"rMlIrf" no(;:tf"r or (;:iun of ~nv lcinrl on :mv ,.....-J ..........- -"'--r--.; ........ ---J --. --....----......---.., --...---...---, r-----' -- --0-- -- ----.I ------ --- --"-,.I telephone or electric utility pole, or on a traffic sign or post erected on a public right-of-way constitutes a public nuisance under this section; and (S) All other conditions or things which are likely to cause injury to the person or property of anyone. ~ 8.205 DUTIES OF CITY OFFICERS. The City Engineer, Public Works Superintendent, Police Department, Fire Department, Building Official, City Planner, or other designated official shall enforce the provisions of this subchapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. ~ 8.206 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. ~ 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. ~ 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order tht:lt COll")., n1l1('ll')nl'~ h~ tl3-rt"t"11"'\f"lto.r1 nr nkt'ltorl 'rho .....n1-;,....o Af''l:1';~1I"!t';~,!",! ,=,"h~11 C'~P!"lh! thf" !:'tf"n!:' .......,U.."'... ".."...."""..... .1.1..............)1,......1..1.'-''''' v,", ...""".I..I..l.lJ..l.lu..."""""" V.I. uvu,,,,",u. .L .1.1."" .1.1.'-'".1."","" VL Y.l.V.II".U..1VJ..1. ...u..u......I..1. ~.l-'''''''VJ..l.J ".1..1."" .."u._pu to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place ofthe City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. ~ 8.207 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. (B) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. 9 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County ",~uditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. Is hereby amended to read as follows: ARTICLE II: PUBLIC NUISANCES Section 8.201 8.202 8.203 8.204 8.205 8.206 8.207 Public nuisance defined Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances affecting peace and safety Duties of city officers Abatement Recovery of cost g 8.201 PUBLIC NUISANCE DEFINED. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or (C) Is guilty of any other act or omission declared by law or this subchapter to be a public nuisance and for which no sentence is specifically provided. g 8.202 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (0) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (J) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. ~ 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in such occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation oflaw, and all liquor and other property used for maintaining such a place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. ~ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from l"n1:T~""'rT ,." ,,1 on..... ,.T~onT ^+ #'], 11 +.....n.ff1r- ~.n:1"'\rr\l:l{"oh;1"\rr ~n ~"t~rC'~l't1f"\n. .1.J.U" .11..16 U. \"I1.""'U.1 ,..1.\",1..,. v..... U.1.1 ".1".I...J...1""" l.&.1:-'P1.'--',,",,""'.I..I..I...I..I.0 '-".1.1. .I..u.'-""'...lJ..........".a.v.&.I., (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All unnecessary noises, odors and annoying vibrations; (E) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under such conditions as are permitted by this code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use ofa public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (H) All hanging signs, awnings and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (1) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (J) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or permitted to flow upon streets or other public properties; (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation; (N) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located; (0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (P) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (R) The display of any advertisement, literature, poster, or sign of any kind on any telephone or electric utility pole, or on a traffic sign or post erected on a public right-of-way constitutes a public nuisance under this section; and (S) Failure to remove or cover graffiti within two business days (Monday through Friday, excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance For purposes of this section, graffiti is defined as the unpermitted application of .,nu rlr.,\x"no ;nc"r;T\t'An +; Ol1rp Ar m.,rlr llT\An ., ctM,,,h,rp \X,., 11 rA"lr hr;rloP -...... 1 .................. .........,....,'1.............,.................".......,........ ........t".............. ....,.. .........-.......... -..........,...... -..... .....,,,................_........1 ,.-......'l .........._...:0.... ................,....,-'1 building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned. f8j (I) All other conditions or things which are likely to cause injury to the person or property of anyone. ~ 8.205 DUTIES OF CITY OFFICERS. The City Engineer, Public Works Superintendent, Police Department, Fire Department, Building Official, City Planner, or other designated official shall enforce the provisions of this subchapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. ~ 8.206 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (I) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order th",t """h n";"",n,,p J.,p tpr,-n;n",tpr! nr .,J.,.,tpr! 'T'hp nnt;"p nf',,;nl.,t;nn "h.,11 ",....p",+;, thp "tp,...." ..;;.;;.......... "'~'-...... .&-..._...~_......__ __ ..._.........................._...__ '-'.10. _......_...__. .&. JL.a._ ..I..I.v......"""" V.L ".l.V.l.'-4....I.'-'.I.... ...,......u...... "-'p......""'.1.LJ L.a....._ """""p"-' to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive reliefby serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. ~ 8.207 RECOVERY OF COST. (A) Persona/liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office ofthe City Clerk-Treasurer. (B) Assessment. Ifthe nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M. S. S 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under thl:l+ Clt'lhltt3. nnrl ntht3.r nort~'....u:a:nt C't'ltlltOC' .fnr ,.....o.rt;f1I".....t;n..n tn tho. rnllnhT A. llr1;tr\r I);nrl ."..... ".............. ....,'u v.u"" P"" .u....u. ".............." ..v. ...". .....".....'vu .v .u" ___V"U.J .. .........v. ........ collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. 2007 COUNCIL/CITY STAFF ASSIGNMENTS Commission Telecommunications Commission Library Board Park & Recreation Commission Planning & Zoning Commission Traffic Commission SACC Suburban Rate AuthOlity National League of Cities League of Minnesota Cities Association of Metropolitan Municipalities Rice Creek Watershed Advisory board North Star Corridor Joint Law Enforcement Council Youth Initiative Commission Charter Commission Neighborhood Watch and Citizen Emergency Response Team (CERT) Human Services Commission (inactive) Design Standards Team (inactive) Liaison - alternate - delegate Public Works Director - alternate - delegate Councilmembers - alternates - delegate Council/City Manager -alternate - delegate City Manager - alternate - delegate Kevin Hansen -alternate - delegate Chief of Police - alternate - delegate - alternate - alternate 2005 COUNCIL/CITY STAFF ASSIGNMENTS Commission Telecommunications Commission Human Services Commission Library Board Park & Recreation Commission Planning & Zoning Commission Traffic Commission SACC Suburban Rate Authority National League of Cities League of Minnesota Cities Association of Metropolitan Municipalities Rice Creek Watershed Advisory board North Star Corridor Joint Law Enforcement Council Youth Initiative Commission Design Standards Team (inactive) Charter Commission Neighborhood Watch and Citizen Emergency Response Team (CERT) Liaison Bruce Nawrocki Gary Peterson Bruce Kelzenberg Gary Peterson Tami Ericson Bobby Williams - alternate Bruce Kelzenberg Gary Peterson Bruce Nawrocki - delegate Public Works Director - alternate Bruce Nawrocki - delegate Councilmembers - alternates Bruce Nawrocki - delegate Council/City Manager -alternate Bruce Nawrocki - delegate City Manager - alternate Robert A. Williams - delegate Kevin Hansen -alternate Bruce Nawrocki Gary Peterson - delegate Chief of Police - alternate Bobby Williams Tami Ericson Gary Peterson _- delegate Tami Ericson- alternate Gary Peterson Bobby Williams - alternate COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 17,2007 ITEM: Appointments to City Commissions BY: Walt Fehst DATE: January 11,2007 CITY MANAGER'S APPROV AL BY: DATE: AGENDA SECTION: NO: ORIGINATING DEPARTMENT: Administration NO: Background: Mayor Peterson has recommended the appointment of: . Traffic Commission - Kevin Doty. . Telecommunications Commission - Robert Peltier . Economic Development Authority - Marlaine Szurek Recommended Motion: Move to appoint Kevin Doty to the Traffic Commission for the vacant term to expire April 2009, Kevin Doty, appoint Robert Peltier to the Telecommunications Commission for the vacant term to expire April 2007, and appoint Marlaine Szurek to the anticipated EDA vacancy for the term to expire January, 2009. COUNCIL ACTION: (8 CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION BOARDS(S) OR COMMISSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: 1,2, 3, IF MORE THAN ONE) _TELECOMMUNICATIONS COMMISSION LIBRARY BOARD - _ CHARTER CO:M:MISSION (Note: If applying for this X TRAFFIC CO:M:MISSION - commission, please indicate if you are a qualified voter: Yes No ECONONUC DEVELOPMENT AUTHOIDTY PARK. & RECREATION COMMISSION - HUMAN SERVICES CO:M:MISSION PLANNING & ZONING COMMISSION POLICE/FIRE CIVIL SERVICE COMMISSION NAME: HOME PHONE: Kevin Doty 763-574-9606 HOME ADDRESS: ZIP CODE: 1845 Fairway Drive 55421-2052 LIVED IN COLUMBIA HEIGHTS SINCE: 199Q PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE) PRESENT EMPLOYER: City of Minneapolis WORK PHONE: 612-L~90-5536 POSITION TITLE: Construction equipment operator EDUCATIONAL BACKGROUND: De La Salle High 0chool, Associate of Arts Degre~ Anoka rtamsey Community College CIVIC EXPERlENCE: PLEASE STATE BRlEFLY WHY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: J:-ast Traffic Commissioner I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS (CIRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: NAME 1. ADDRESS PHONE Ed Carlson 4130 - 5th ~t. NE '1. Joseph Sturdevant 4848 - 7th St. NE 3. Joseph Goodman I HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE AND CORRECT TO TH EST OF MY KNOWLEDGE. R, rn application to: Deputy City Clerk City of Columbia Heights 590 40th Avenue t"l-r:E Columbia Heights, MN 55421 (763) 706-3611 TDD (763) 706-3692 For Office Use Only: Date received: (2 - 12-17-01 (8 CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION BOARDS(S) OR CG:MMISSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: 1,2,3, IF MORE THAN ONE) ~TELECO:MMUNICATIONS COMMISSION LIBRARY BOARD - _ CHARTER COMMISSION (Note: If applying for this TRAFFIC COMMISSION - commission, please indicate if you are a qualified voter: Yes No ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION HUMAN SERVICES COMMISSION PLANNING & ZONING COMMISSION POLICE/FIRE CIVIL SERVICE COMMISSION NAME: No 6 ~y T f::, //)~ 11/~yPr HOME ADDRESS: q d- 7 5--f 0 Y:>.5 ?j'r IV zL-- LIVED IN COLUMBIA HEIGHTS S CE: I 75 PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE) ;VC//1 '-f HOME PHONE: 7& i 7f51 -'V -J6 ' ZIP CODE: '5- ?fri- / PRESENT EMPLOYER: /1./.::/ ivc WORK PHONE: POSITION TITLE: 6 '-1/J 'Y'r V i ~"1C ,c- /~''t'' (c/ '-- /-r'C / EDUCATIONAL BACKGROUND: It ~ j.r: C /'~t/"> /J~.7 ,'- 7"<./ C -7 E /-..,PC j.--c,,?/\: ? (; 1- (71 t- f") I '7 1 7,,;> 'I- It- n p X-- d 7 C~ /~JR7i-,!:> CIVIC EXPERIENCE: Lye 11 ., vz--tl ~ Cv1 /1-":> 8,:;. I{J c( c/7 V\. vt.-- Y' '-( /r:: M./ J ';-1, .5)) {'"j. , LL?~ / ~ v'""'l' ;f::- I 7-',;:;. j. ~ ''yf l --- K f'c <-' 1'1 -.J Lv c d ( ! U/'df ~' d-'.) Y7a~5 I /,/V' ; f?, T7 t-( I y PLEASE STATE BRIEFLY WHY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: ru?I'-..; (00-7/?P// r:cv- 1: ,? -r'1/'......V"'..? .,c ~= c_~ h--?'~ '~ Vy r y c(' c.f"tc..:> ' ~ 1.-- ~ 7 I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS (CIRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: NAME 1. ADDRESS PHONE .L.. 3. [HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE WI) CORRECT TO THE BEST OF MY KNOWLEDGE. ~ice/(t( ~J~ )ignature tetum application to: )eputy City Clerk ~ity of Columbia Heights 90 40th Avenue NE ~olumbia Heights, MN 55421 763) 706-3611 TDD (763) 706-3692 For Office Use Only: Date received: r - () 7 2-17-01