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HomeMy WebLinkAboutAugust 11, 2008 Regular~iTY OF ~C~LUMBiA I-IEiGF-iTS Mayor Gay L. Peterson 590 40`" Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers ~sitourwebsiteat: wtvw.ci.colubfa-heialzts.mn.rrs Robert A. {Vi//innrs Bence Nnwroeki Tnnnnera Diehnv Bruce KeLenberg City Manal;er bf~alter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, August 11, 2008 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 a(I 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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/Il~IVOCATION Invocation by Shirley Barnes, CEO Crest View Lutheran Home 2. PLEDGE OF ALLEGIANCE 3. 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, RECOGNTrION, ANNOUNCEMENTS AND GUESTS A. Presentation -Kjersta Yackel 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business,l A. Approve minutes of the JuIX 28, 2008 Columbia Hei htg s City Council meeting. p6 MOTION: Move to approve the minutes of the July 28, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions pal MOTION: Move to accept the minutes of the Charter Commission meeting of July 17, 2008. C. Adopt Resolution No. 2008-170, being a Resolution desi~natin~_elec_ton iud~es and salaries for the 2008 Primary and General Elections and designate the. Citv_._C_ erk authority to appoint pz'/ emergencyjudges. MOTION: Adopt Resolution No. 2008-170, being a Resolution designating election judges and salaries for the 2008 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. D, Establish canvass of the 2008 Primary_Electiotl results for Wednesday, September 10, 2008 X30 be ig nnin~ at 5:30 p.rn. in the City Council Chambers. t'ity Council Agenda Monday, August 1 1, 200& Page 2 of 5 MOTION: Establish canvass of the 2008 Primary Election results for Wednesday, September 10, 2008 beginning at 5:30 p.m. in the City Council Chambers. E. Authorize School Liaison Officer Contract with School District #13 for 2008-2009 School Year p3i MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with School District #13 for the provision of a Police School Liaison Officer as stipulated in the Joint Powers Agreement for the period of September 4, 2008 through June 9, 2009. F. Adopt Resolution No. 2008-167, being a Resolution authorizing the City of Columbia Her hg t enter into Cooperative Agreement No. 92807 with MNDOT for TH 47 University Avenue p47 Service Drive Reconstruction. MOTION: Move to waive the reading of Resolution No. 2008-1.67, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-167, being a resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 92807 with Mn/DOT for TH 47 University Avenue Service Drive Improvements, City Project No. 0602. G. Evaluation ofa dedicated left turn lane on 49th Avenue from Fillmore Street to Johnson Street. p49 MOTION: Direct staff to request Anoka County Highway Department to conduct a traffic study on 49th Avenue between Fillmore Street and Johnson. Street, with an evaluation of a left turn lane in this segment boundary. H. Approve evaluation for water turn offs and ons pso MOTION: Move to establish the following fees for service for water turn ons and. turn offs: 1. $50.00 fee for meter disconnect or reconnect. 2. $25.00 fee for a no show to turn on or meter reconnect appointment. I. Approval of the attached list of rental housing license applications in that they have met the psi requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for August 11, 2008 J. Approve Business License Applications p53 MOT10N: Move to approve the items as listed on the business license agenda for August 11, 2008 as presented. K. Approve payment of the bills. p55 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached. register covering Check Number 126806 through Check Number 126974 in the amount of $12,368,203.40 MO'T'ION: Move to approve the Consent Agenda items. 6. YUjf3L1C: t1L+'Aitl~l I(G~ A. Adopt Resolution 2008-163. 4513-15 Taylor Street N.E. being a declaration of nuisance and p64 abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-163, there being ample copies available to the public. `ity Council Agenda Monday, August 11, 2008 Page 3 of 5 MOTION: Move to adopt Resolution Number 2008-163, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement ofviolations from the property pursuant to City Code section 8.206. B. Adopt Resolutions 2008-..171, 4152 Cleveland. Street N.E., 2008-172, 5045 Johnson Street N.E.. p67 2008-173 1355-57 Circle Terrace Bivd. N.E. and 2008-174 1337-39 Circle Terrace Blvd N E being declarations of nuisance and abatement ofviolations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-171, 172, 173, and 174 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-171., l 72, 173, and 174 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement ofviolations from the property pursuant to City Code section 8.206. C. Adopt Resolutions 2008-175, 4148-52 Tyler Street, 2008-176, 4610-12 Fillmore Street 2008- P76 177 1236-38 Circle Terrace Blvd. 2008-178 3971 Johnson Street 2008-179 5036 Jackson Street, and. 2008-180, 4515-17 Fillmore Street being Resolutions of the City Council ofthe CitX of Columbia Hei hts approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-1.75, 1.76, 177, 178, 179, and 180 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-175, 176, 177, 178, 179, and 180 being Resolutions of the City Council of the City ofColumbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2008-182 being a Resolution approving the preliminaryplat and the 1st reading of Ordinance No 1552 being an Ordinance to vacation of a portion of Jackson Street for 825 - 41st Avenue. pa 9 MOTION: Move to waive the reading of Resolution No. 2008-182, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-182, approving the preliminary plat, subject to the 19 stated conditions as approved by the Planning Commission. MOTION: Move to waive the reading of Ordinance No. 1552, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1552, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. ~. i~~ Rcauiii~ ui v[wiiauce i~~~, bcui~ a ~,ulufi~ !-~tltetlUY17ent as it relates to iUVIIatI11C: LEIJ pii6 S linage. MOTION: Move to waive the reading of Ordinance No. 1553, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1.553, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. City Council Agenda Monday, August 11, 2008 Page 4 of 5 3. 1st Reading of Ordinance 1554, being a Zoning Amendment as it Relates Garage Sales. p133 MOTION: Move to waive the reading of Ordinance No. 1554, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1554, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. 4. 1st ReadinP of Ordinance 1555, being a ZoninP Amendment as it Relates to Real Estate pl3a S--gns• MOTION: Move to waive the reading of Ordinance No. 1555, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1555, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. 5. 1st Reading of Ordinance 1556, being a Zoning Amendment as it Relates to Governmental Tem~orary Si ns. pi4s MOTION: Move to waive the reading of Ordinance No. 1556, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance No. 1556, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. 6. 1st Reading of Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions p149 MOTION: Move to waive the reading of Ordinance No. 1551, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions, for Monday, August 2S, 2008 in the City Council Chambers, at appraximately 7:00 p.m. 7. 1st Reading of Ordinance 1535 being an Ordinance relating to General Provision Definitions. MOTION: Move to waive the reading of Ordinance No. 1535, there being ample copies pis4 available to the public. MOTION: Move to establish the second reading of Ordinance No. 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, for Monday, August 25, 2008 in the City Council Chambers, at approximately 7:00 p.m. B. Bid Considerations Resolution 2008-181 accepting bids and awarding contract for University Avenue Service Drive Request to table this item to August 25, 2008. C. Other Business 8. ADMINISTRATIVE REPORTS Ciiy Council Agenda Monday, August 11, 2008 Page 5 of 5 Report of the City Manager Report of the City Attorney 9. 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. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT ~ ,~ ~, ~, '` ~' -° ~>., ~ r, Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBL~ HEIGHTS CITY COUNCIL MEETING JULY 28, 2008 The following are the minutes for the regular meeting of the City Council held. at 7:12 p.m. on Monday, July 28, 2008, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Resolutions may be found at the end of the doczrment. CALL TO ORDER/ROLL CALL/INVOCATION Lorraine Mell, Pastoral Minister, Immaculate Conception Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Diehm PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA -none PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Fire Explorer Awards Earned in Competition Fire Chief Gary Gorman indicated this is the 30t" Anniversary of the Columbia Heights Explorers, started by Harold Ostmoe. We have the longest running Fire Explorer program in the State. Participants are 14 to l 8 years of age. Many Explorers have gone on to join our fire department, nursing, EMTs, police officers, and even Fire Chiefs. The Fire Explorers have attended competitions held all over the country. The Minnesota State competition was held for the first time this year, aided by our Firefighter Dan O'Brien. Gorman read a card. from. the Northern Star Council congratulating our staff and participants. O'Brien stated that Fire Chief Gorman and. the Fridley Fire Chief were part of the initial program. The local competition was created for the off year of the national conference. The three-day competition was held in Duluth, with 110 people in attendance, seven team events, individual events, and classroom instruction. Our explorers received a first, second, and third place trophy. Ban Kylie received a first place perfect CPR score. Peterson stated our pride in our fire fighters and explorers. Nawrocki stated that our fire department is an example of things that are good in our community. He gave the history of the Fire Departmea~t, beginning with volunteers, adding full time members, adding first aid responsibilities, and then housing and rental housing inspections throughout our city. He commended them on their work. B Stn Anmial SAGA Charity Softball Game Paul Eich, 7571 Brigadoon, Fridley, indicated the 6t'' Annual Slow Pitch Softball SACA charity event vJiii be held oil ~.~/edi~eSda`y', AiiguSt Fi, 2vve at v:~i~i p.iii. at HuscJt Park. Cv^mpetitvrS will be the Columbia Heights Post Office, the Columbia Heights Police and Fire Departments, and the TriCity Legion/Dave's Sportshop Women's Fastpitch Softball Team. Peterson stated that National Night Out is next Tuesday. He encouraged every one to attend or host a neighborhood event. The Police Department members will travel around the town and visit the parties, City Council Minutes Monday, July ~8, 2008 Page 2 of 7 5 CONSENT AGENDA Linda Magee, Assistant to the City Manager/Human Resources Director, took the Council members through the Consent Agenda items. A. Approve Minutes of the July 14, 2008 Columbia Heights City Council Meeting Nawrocki referred to the approval to sell the $10,000,000 bond and that the costs were not mentioned of $600,000 plus a year for 27 years to pay the principal and interest. They are talking of another $1.5 million bond, which would add another $70,000 or $80,000 a year. Motion to approve the minutes of the July 14, 2008 City Council meeting. B. Accept Minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the Park and Recreation Commission meeting of June 25, 2008. C. Accept Work and Authorize Final Payment for Sanitary and Storm Sewer Lining Proiect 0604 and 0704 Motion to accept the work for Sanitary Sewer Lining, City Project No. 0604 and 0704, and to authorize final payment of $92,023.75 to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin. D. Authorize Change Order No. 1 and Final Payment for the Miscellaneous Concrete Project #0700 Motion to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $33,900.00 with funding out of the appropriate funds. Motion to accept the work for 2007 Miscellaneous Concrete Repairs and Installations, City Project #0700 and authorize final payment of $10,542.82 to Ron Kassa Construction, Inc. of Elko, Minnesota. E. Designate "No Parkin" on 50th Avenue West of Central Avenue Nawrocki questioned if the houses on the corners would be affected. Kevin Hansen, Public Works Director, stated this still allows for guest parking. Motion to designate "No Parking" on 50th Avenue from Central Avenue to 225° West of Central Avenue. F. Approve the Transfer of Funds from General Fund to Police Department 2008 Budget Overtime Line #1020 Motion to transfer $6,959.99 ($4,855.23 from the Anoka County DWI Task Force and $2,104.76 from the State of Minnesota for Safe and Sober) to the Police Department 2008 Budget line #1020 Overtime. G. Adopt Resolution No. 2008-161. Establishing Compensation Rates for Paid-on-Call Firefi hg ters Magee stated their last adjustment was in 2003 and this is consistent with other employees for the same period of time. Motion to waive the reading of Resolution No. 2008-161 there being ample copies available to the public. Motion to adopt Resolution No. 2008-161, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid-on-Call division effective City Council. Minutes Monday, July 28, 2008 Page 3 of 1 S January 1, 2008. H. Adopt Resolution 2008-162, Authorizing the Execution of Agreement and Participation in the Safe and Sober Communities Grant Program Motion to waive the reading of Resolution 2008-162, there being ample copies available for the public, Motion to adopt Resolution 2008-162, authorizing the execution of agi°eement and participation in the Safe and Sober Communities grant program. I. Adopt Resolution 2008-166, Being a Resolution Amending Certified Levy for Project OS02 Motion to waive the reading of Resolution No. 2008-166, there being ample copies available to the public. Motion to adopt Resolution 2008-166, being a Resolution amending the certified levy for 2006- 21-44-001 and. 2006-Z 1-44-002, removing the United States Postal Service property at 940 44th Avenue NE, PIN 36-30-24-22-0107 from assessment roll. J. Approve Attached List of Rental Housing License Applications Motion to approve the items listed for rental housing license applications for July 28, 2008. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 28, 2008, as presented. L. Approve Payment of Bills Motion to approve the payment of bills, check #126618 through check #126805. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Tim Utz, SS6 40`x' Avenue, questioned the Kassa project and why we use a company from out of town. Hansen stated this is contract service for curbing, alley work, and for resident use. As required, this is a pl~blicly bid project and the Council accepts the lowest qualified bid. Vile do not provide exclusive bidding for this type of work. Upon 'vote: Aii Aycs. rv~iviiiun a'.ariie~i. PUBLIC HEARINGS A. Second Reading of_O___rdnance No. 1548, Pertaining to the Residential Inspection Before Sales Program (R1BS~ Peterson asked that the audience pay attention to our Community Development Director, as there has been a lot of miscommunication on this topic. Scott C1_ark, Community Development Director, gave the RIBS history to this point. He stated that Sheila McCarthy, Assistant Community Development Director, will speak on the process and program cocit. fiis^v present are Cuthy Bennett, CviiSuit$nt gild Larr'y' PCpin, Building Official. In 2005 the City Council set goals including improving the City's housing stock. He described programs in place. for property inspections and housing programs available. The City has discussed a Residential Inspection Before Sale Program (RIBS} for the last several years. There was a first reading of the ordinance held and this is the second reading, which would be followed by a 30 day period before implementation. He indicated the information was placed. on cable, the library, newspapers, and meetings with the real estate community, the meeting with the City Council Minutes Monday, July 28, 2008 Page 4 of I S North Metro Realtor's Board, and other meetings held. Clark referred to concerns he has heard. About 14 metro communities currently have this program; some for as long a 30 years. Misinformation includes this would require updating your home. This purpose of the ordinance is for structural integrity, health and. safety issues, and major non-maintenance items. For example, if a roof had three layers the owner would not be required to replace it, but if the roof was leaking and bowed it would be a concern. Another purpose is for our neighborhoods to remain intact. Over the next two years we will have many more foreclosures and this is a way to deal with them. About 60 percent of our city is at least 60 years old.. Clark referred to the cost benefit of this program. A substantial amount of properties would not be affected. Staff would monitor the program and make changes if necessary. Misinformation included that if you have an inspection of your property, that you have 90 days to make the improvements and that it is up to the owner to make the improvements prior to the sale of the property. McCartney stated this would be for single-family homes and duplexes. She showed the suggested schedule, with an inspection within 24 hours of the request. If there were no issues, a certificate would be given. If there were required repairs, the seller could chose to meet the requirements and schedule a re-inspection at no charge and would be issued a certificate of property maintenance, or the buyer would be required to complete the required repairs within 90 days with escrowed funds. Staff would work with the homeowner on the time line for large items. Clark stated that the real estate community was concerned that in some cities an inspection can be scheduled out up to three weeks. We would. work to have a turn around time of inspection and a finished report within afive-day period. Clark referred to portions of the ordinance that have changed, including requiring repairs in 90 days to include "unless they are seasonal items". Also changed are hazardous repairs could be escrowed if there was no one living in the house during that time. Another change is if you can not sell your property within 12 months. The recommendation is that after one year, or six months if vacant, there be a fee of $10 to look at the property again. A re-inspection could be required if the property was taken over by a family member. Another question is "grandfathering of the property", where any property on the market now would not need this inspection if sold prior to .Ianuary 2010. Another item on the agenda is the resolution for program costs of $185, with $130 to the inspector and a $50 administrative fee. iu~Nccuvu~ aic tanutcu utitctcuuy ut cvcty l;lty. Jt11l:C WC Utlty llave olle [5ltltdltlg olllCial, we are in a negotiation process for two or three contractors to handle this on a revolving basis. They would generate the report. Once the improvements are complete, our building official would inspect the reported items. Kathy Bennett stated she works with other communities on policies to improve their communities. There are many cities that have this type of program in place, which she listed. Others evaluating this program in Anoka County are the cities of Anoka and Coon Rapids. The 1~~ Foreclosure Council has suggested this type of program to avoid community decline and enforce code. Columbia Heights had evaluated this prior to the foreclosure concerns. There are Sttoi~ attu tvtt~ tcun ucncutS. ottut t ~ctttl in~tuueS iteliiS Sucti aS sinoke uc~cctvrS or carooii monoxide detectors, gas teaks, and structural issues. The long term benefit is to improve the housing stock and bring homes up to code, giving them a better value and making them more attractive to purchase, Nawrocki stated that the goal is to improve the housing stock, but questioned including only 9 City Council Minutes Monday, Juf_y 28, ?008 Page j of I S single family homes and duplexes. Clark stated a significant number of foreclosed properties will be under the grandfather clause and will not be under this ordinance. As far as apartments and condos, the recommendation was to start with residential homes. Nawrocki stated that this is not going after the places that are rentals and are part of the problem. Clark stated that those facilities are regulated. by the rental housing maintenance code. Nawrocki requested the definition of health and safety issues. Clark read the definition of hazardous. Safety issues are conditions that are normally found in plumbing or electrical issues, and could cause flooding or fires. There is a definition of "safe" in our code. Nawrocki indicated that staff was to have inspected various homes to get a feel of how the program would work. Clark stated that one home inspection was completed and Council did not require more inspections. Nawrocki. asked far fees charged in other cities. Clark indicated what our fees would be. Nawrocki questioned what kind of inspection would be completed for that fee, as a buyer's inspection is about $300. Bennett stated the difference in a public inspection and a private inspection is public inspections are items referred to in the property maintenance code for health and safety concerns. A buyer's inspection is much more detailed. There are instances where a private inspection does not happen and health and safety items are not caught. All inspectors that gave proposals do public and private inspections and fees are coming in higher than anticipated. Nawrocki questioned the administrative fee of $50. If the home passes the inspection, there should be no cost and if there were items that need repair, the owner would need to obtain building permits and pay that fee. Peterson asked if the homeowner or buyer could hire his or her own inspector. Clark stated that our inspectors would make value judgments, just as our fire inspectors do. The core of their program is our guidance. We hire inspectors to represent the community and to insure what is being inspected is the focus of this ordinance, handled on an equitable basis. Peterson indicated his concern today is that this ordinance goes too far and is too vague. What are the items to be inspected? We need to have them simplified to a one or two page list. We are jumping the gun on this reading tonight, as there are still items to address. We know what nice homes are, but we want good neighborhoods. Nawrocki stated. that he received a copy of a disclosure statement real estate agents give to buyers. Gregory Sloat, 4731 6`" Street, stated that the homeowner is to fill out the disclosure to the best of their knowledge. if a realtor has knowledge of any issues, they have to make them known. Mayor Peterson opened the public hearing and asked for residents to speak in the order they signed in. Teri Barber, 3848 2"d Street, stated her opposition to this program, leading to an increase of staff, building a bigger city hall, and forcing out businesses such as We Buy Ugly Houses. Higher market values cause higher taxes. Her home had a leak when they purchased it, which it still has. This would be a burden on inherited homes, forcing people not to sell because they could not afford to fix them up. With the unstable economy, homes have depreciated. Michael Henry, 947 43`d Avenue, spoke out of turn, indicating that the homeowners can use their own. inspectors; the city does not have to be involved. Bob Odden, 1201 42'/z Avenue, stated he is a mayoral candidate, and indicated the Council should. follow the Constitution of the United States. He referred to amendments allowing citizens rights. You don't own something if you can't sell it when you want to. It could force a home into foreclosure. There is no sunset law. He stated that he moved here because of the neighbors, not 10 City Council Minutes Monday, July 28, 2008 Page 6 of t S because of their homes. This is unconstitutional and violates the Council's oath of office. Dorothy LaHoud, 4209 6`" Street, stated that this is her third house. She can see trying to make it better, but not everyone has a big bankroll. When she bought the home there was water leaking in the basement. A neighbor had his basement sealed for $4,000. How would she pay for that? Peterson stated that would not be covered, nor do we have all the answers. She referred to her living difficulties. She stated concern that her son would have to deal with this when she is gone. She asked the Mayor if he is still a contractor, indicated that he would not have the right to vote on this. Lori Kortem, 5030 Jefferson Street, stated that she moved in I0 years ago and the home was not up to code. What if the code continues to change? She questioned how an older community, that can not afford it, can bring their homes up to code. That is why we buy here. Home sales are buyer beware. Lonn Young, 5045 Jefferson, stated this is an insult to residents and is just another way for city government to get in our pockets. We know we need smoke detectors and we already have every kind of inspection required. Rachael Schwagel, 714 50`" Avenue, stated that she bought her "fixer-upper" three years ago. If this ordinance had existed at that time, she would not have been able to afford her home and the ability to work on things as she could afford to. Replacement of trim and cornice is not reasonable or fair. Article 2, Section 4, stated RIBS does not include sheriff's properties and would be exempt. Jim Hoeft clarified what a sheriff's sale is. Foreclosed properties would be included. Schwagel asked that the ordinance not be passed, as it is half-baked, at best. Aurora Johnston, 3977 Polk Street, stated that she does not want local government in her house, nor involved in any person transaction. The constitution allows no one in her home nor an unreasonable search. As a good citizen and neighbor that has lived here since 1986, she has obtained permits and had contractors do work, but has never had a city official there to inspect it. Donna Schmitt, 4260 Tyler Street, stated she was extremely pleased with this turnout. At a prior meeting she was told there was no one against this ordinance. She referred to cities that have similar ordinances, but there is not a consistency between. cities. Realtors requested more time to get the information out. The house referred to thai was inspected passed with oniy $350 in improvements required. The List for inspectors is basically visual, not even including turning on the furnace. Everyone has a right to hire an inspector, sellers and buyers alike. Banks also require inspections. This ordinance is not necessary. She questioned if the Minneapolis housing stock has really improved since they implemented this type of program. Gregory Sloth, 4731 6`" Street NE, stated that this ordinance adds another layer of government into our pocket. An unelected. official wrote this ordinance. Why was this not put to a general vote of the public? The North I`/ietro Realtors Association web site gives reasons wliy we should. not do this. This does not only need tweaking, it needs to be removed. now. Do not let this be iabied and passed when no one is present. He stated that if this were passed the council would be voted out of office. It is bad law, and is unconstitutional. He questioned the actions of the Community Development Director. Peterson stated that Clark was acting under the direction of the City Council - at the time this seemed like a good idea. We are here to discuss it, not to have personal attacks on city 11 City Council. Minutes Monday, .~uiy 28, ?008 Page 7 of 15 employees. Clark. has been doing a great job. He is an excellent employee. Harold Holum, 4200 3`d Street, referred to the separation of residents and employees. He asked that the ordinance be read by the city attorney and explained. in detail. He stated that employees think residents are cash cows and that the 1620 type of government does not benefit the city. Holum indicated amendments he felt would benefit the public. Mary Persing, 2201 40`" Avenue NE, stated that if she had to sell her home she would not expect to have to get permission from the City. We are not under communist rule. Polish citizens remember what happened. in the 1930's and 1940's. When you see your government changing a little at a time you need to stand up for your rights. Laura Palmer, 1202 40`" Avenue, asked who is in charge of their own lives. She should be able to decide what to do with her own property as long as it does not affect the neighbors. She should be able to sell her property under any conditions or terms she decides. Curt Adolfson, 4010 Monroe Street, stated that he moved here for the potential to buy a home, fix it up and benefit from the sale. This would make it unaffordable to sell. There was nothing like this in place when they bought the home. We love our community. This could affect our commitment to the community. This should not be voted on when there are not definitions for an open discussion. For this to impact homeowners and duplexes and not affect apartments and condos is unfair. This should require a public vote. Obviously, Council does the best job they can, but this would affect us greatly. Anne Scanlen, 715 SOt" Avenue NE, as for the need of smoke detectors or carbon monoxide detectors, she installed a lot of them when she moved in. She moved in during 2006, as she saw the home's potential and items were disclosed to the best of the seller's ability. She stated that she has a plan for the repairs of her house. She asked why she would want to live in a city that ~.~~ould control her pause. Barbara Taillefer, 4725 St" Street, she was prepared to ask for the ordinance to be reviewed and she talked to the City Manager who explained it further. She now asks that it be completely destroyed. She moved in as a young family and is now ready to move on and wants a new young Tamil}~ to own it. There are so many hurdles to over come, let it be oar choice. Sue Rustad, 3911 Lookout Place, agreed with the previous speakers. She stated. that she can not afford to live in Edina, and. these are the people she wants to be around. This would hurt too many people. Wes Wiggins, 4144 Madison Street NE, thanked the Council for the work they do, but asked that they consider this crowd a referendum on this item. if it is not broke, don't try to fix it. He stated his appreciation for trying to improve the housing stock, and felt the Council was well intentioned. The free market warks. He referred to a neighbor that passed away and a young couple bought the home and is now fixing it up. toe Cughlon, 4657 7t" Street, handed out the definition of "Liberty". He stated that this ordinance is against his constitutional rights and the opposite of the definition of liberty. When he moved in 16 years ago the mortgage company inspected his home. This ordinance stinks of nepotism and. CO171P71umsm< 12 City Council Minutes Monday, July 28, ?008 Page 8 of` t 5 Katherine Blood, 4649 4`" Street, spoke on behalf of Steve Pepple. She asked how the City would know if a property was for sale. With this ordinance people would just rent the houses, which people are doing without your knowledge. Banks will not loan you money unless the gas and furnace are inspected while running. With a private inspection that is guaranteed. She asked who would be responsible that the house would be livable. She stated her appreciation for the work the Co>rmcil does and her appreciation for being allowed to speak on this item. Tim Utz, 5~6 40`" Avenue, referred to the 82 items on the inspection list to be covered in one hour, allowing less than one minute per item. Article 9, Section 2, indicates there is no warranty. Under Constitutional rule of law the government works for us. Tonight the people are speaking and the answer is noe He suggested as an alternative the City spend money to encourage repair of homes. The concept that we need to improve our homes is known. This is Columbia Heights and this is how we want to do our business. Make this ordinance go away. Tom Marek, 4344 4`" Street, stated this is redundant, as there are already inspections that do a thorough job. It is a waste of money for the city to have additional inspections. There are private companies that do this. We do not need more laws and more inspections. He stated his understanding of the desire to improve neighborhoods. It is a good idea, but it is being handled in other ways. Nick Quade, 4448 Quincy Street, indicated this is an intervention. by government into the rights to own and sell property. We must let the free market get us out of our troubles. He referred to inflation, the failing market, and the tight economy. Quade referred to the President's Housing Act that is over 400 pages in length. Get government off our backs. Dwayne Morrell., 4212 Reservoir Boulevard, felt the ordinance is unnecessary and obtrusive. The city is the anchor tenant for Columbia Heights. He stated that a bureaucrat created this to fulfill a need. Holly Chidlow, 4242 5`" Street, stated that she has lived here her whole life, and has repaired doors, windows, etc., but does not want her children to have to pay these fees when she is gone. Dave Thompson, 44l 6 4`" Street, referred to his request that Mr. Clark call him, which was not returned. His neighbors and friends along 4`" ~`" and 6`" Street asked that he come and request this ordinance be voted dow-3. Tlioilipsoii stated that he realizes there are places That need improvement. He requested this be put to a referendum vote. Scott Rauch, 22l 1 40`" Avenue, referred to the health and safety cause for the ordinance, and indicated that when he bought his house in 1995 the concern was lead paint, which can be a safety issue, so any house can have a safety issue. The seller may not know everything about their home and appliances, so they had it inspected. Before this item goes further, an inspection form should be available for residents to review. This should eliminate the need for a buyer to have an inspection. He referred to the statement that a foreclosed home on or before August 25 would have until 2010 to comply. They should be treated. the same. This is one more layer of paper "worn uia~ ~i~'vidcs iio value. Rae Hart Anderson, Fridley, stated that her interest was to see if this would. be contagious to her community. We call people we hire to accountability. Mickey Rooney, local realtor, stated this ordinance should be postponed. He encouraged 13 City Council Minutes Monday, 3uly 28, 2008 Page 9 of 1 S everyone to look at the positives. National Night Out is coming. Invite your neighbors. Talk about positive things and get to know your neighbors. Dorothy Penate, 4900 Jackson Street, stated that this is a democracy. She stated that she is part of the construction crew, not the demolition crew. Penate indicated her respect for Mr. Clark and her appreciation of the Mayor, Council, and staff. She stated that she would not buy a house without having an inspection completed. She asked that residents be respectful, kind, and considerate. Lee Stauch, 1155 Khyber Lane, referred to the five year ongoing Kmart project. There are empty units and it looks like a mess. He protested his taxes, but has not heard back from the county. This ordinance would. keep people from coming into the community. We should have a police force that goes out and meets the citizens. There should be police community parties. Kevin Baumgartner, 2104 Fairway Drive, stated that this program does not help other communities. People have to protect themselves. People see this type of inspection and feel they don't need another type of inspection, but they do. It is an honorable cause, but just an extra expense. Peterson closed the public hearing and called. a recess to change the videotape of the meeting Peterson called the meeting back to order at 10:01 p.m. Peterson thanked everyone for attending and stated this was one of the most enjoyable meetings he has seen, with people standing up for their rights. We all make mistakes. He stated that he was very impressed with the people gathered tonight. Williams stated his belief in the free market. It works. He stated his belief that he works for the people; people are the government. Williams requested to make a motion to dismiss the Ordinance. Hoeft stated that procedurally Council should waive the reading and move to adopt the ordinance, voting nay if they so choose. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1548, there being an a?npl_e amount ofcopies available to the public. Upon `rote: All Ayes. Motion eaa-riied. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1548, an Ordinance Amending the City of Columbia Heights Code by adding language establishing the requirements of the Columbia Heights Residential Inspection Before Sales Program. Nawrocki commended the residents that attended and stated his surprise. Years ago there were turn outs like this, but that has tapered off. We have meetings on important items where people do not show up, He received calls where people felt this was a "done deal", but he encouraged them to come and express themselves. The turn out made quite a difference. He encouraged people to continue this participation. We, and the staff, are your employees to do what the people ii1 ilie Go1117Yiutiity want us to do. ivawrocki encouraged participation in the upcoming budgei and the Comprehensive Plan process. Kelzenberg stated he was in awe at the number of people present far this discussion. He stated that he, also, is for freedom of speech and indicated his appreciation for the citizens present. 14 City Council Minutes ,Monday, Juiy 28, 2008 Page 10 of 15 Peterson stated that this meeting showed the Columbia Heights spirit and that residents can take care of themselves. He is pleased to see young people involved.. He stated. he was impressed with the turnout and the comments. He referred to his project up north that had government involvement he was not pleased with. He found that you cannot remove trees on your own land ar remove a downed. tree without a permit. Peterson stated that he thought this program could be tweaked, but by the time everyone spoke the die was cast. Nawrocki asked that when people buy a home they know need improvement that they do repair them. The GHMIC organization will work with people giving them technical information on how to do repairs and possible financing. Call the Community Development Department to get more information. Peterson stated that he could take the blame for this item coming this far. He indicated that he make a mistake and apologized. He apologized to Scott Clark and staff for what they were directed to do on this; however, it does not fit our community. Upon vote: Ayes: none. Nays: Kelzenberg, Williams, Nawrocki, Peterson. Motion failed unanimously. B. Adopt Resolution 2008-163, Being Declaration of Nuisance and Abatement of Violations at 4513-15 Taylor Street N.E. Within the City of Columbia Heights Fire Chief Gary Gorman stated this abatement is for the repair of a retaining wall along the alley. This inspection goes back about one year. We have worked with the property owner, who is present. He disagrees that he is responsible to repair the wall. It is the City's position that the property owner is responsibility. The owner maintains that the developer, for the purpose of the city alley, put up the wall. We have a letter from his attorney also. Gorman passed out pictures of the property. The property irons have been found indicating the retaining wall is on private properly. Peterson asked who originally installed it. Gorman stated that Council. minutes of 1960 referred to a petition to open the alley and a public hearing was held. The developer made the request. The minutes do not clarify who is responsible for upkeep or replacement. Williams asked when this dates back to. Gorman stated 1960 and 1961. Nawrocki stated that if the property owner did. not want the wall he could have let it slope, and would have lost parking in the back of the lot. This property does not receive access from the alley. Stanley Van Blaricom and David C. Olson, Attorney, came forward. Olson stated the owner has owned the duplex since 1960. His inspections have been exemplary. He has personal recollection of the action taken. Olson distributed copies of correspondence on this issue. Olson read from the email correspondence referring to permission for Mr. Bird to do the excavation. He indicated the wall was constructed to protect the alleyway. The wall is constructed out of telephone pole material. The rail is newer and is set into the private property. Olson stated that Nawrocki indicated the owner might have put in the wall to save parking space, but there is no garage or garbage service in the back. The properties do not benefit from the wall, the city does. He stated. that Mr. Van Blaricom's request is that if the alley is no longer serving its purpose that the city iJorreci the siiuativn. Tl;c recGCdS froiii tiiai tiiiic arc not aS gCivd as the`y' cviiid ha'vc uccii. Mr. Van Blaricom stated that he was on the property when the alley was built. It was just roughed in, causing water runoff. Residents were not told that a retaining wall would be installed, but it just appeared. He stated that he thought nothing of it because the city put it in and it does him no good. Kevin Hansen, Public Works Director, indicated it is unclear who built the wall. A private contractor was retained to grade the alley. The wall is on private property. The 15 City Council Minutes Monday, July 28, 2008 Page 11 of 15 alternative is to grade the yard and not have a retaining wall. The retaining wall is not on the public right-of--way. It is not correct to say the city installed it, rather the city allowed the alley to be created. Hoeft stated that we can not evaluate whether this is a good or bad property owner. If we assume the city did place the wall, it is similar to sidewalks that the city puts in place; the property owner is obligate to fix it. If the retaining wall is not needed, grade it off. If grading it off is not an option then it must benefit the property owner. Peterson asked that the engineering options be reviewed. He suggested working together and compromising, with a possible meeting on site. Nawrocki stated that he viewed the property and agreed with the recommended motion. Hoeft stated. that it is private property and property owner's responsibility. He suggested the public hearing be continued.. Williams agreed with continuing the hearing. Kelzenberg stated that he viewed the property and is not sure what can be done. Motion by Kelzenberg, second by Williams, to continue Resolution Number 2008-163, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 to the August 11 City Council meeting. Upon vote: All Ayes. Motion carried. Peterson stated that he would meet with staff and the owner at 2:00 p.m. on Thursday, August 31 at the site. C. Adopt Resolution 2008-1.64, Beim a Resolution of the City Council of the City of Columbia Nei~hts Approving Rental License Revocation at L 140-42 45th Avenue For Failure to Meet the Requirements of the Property Maintenance Codes Gorman stated this property is going into foreclosure and the owner does not intend to file for a rental license. Williams asked if the property is vacant. Gorman indicated he believed it was. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-164, being ample copies available to the public. Upon vote: All Ayes. IVlotion carried. Motion by Na~,urocki, second by iNilliarns, to adopt Resolution I`lumber 2008-164, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article lV, Section SA.408(A) of the rental license listed. Upon vote: All Ayes. Motion carried. D. Adopt Resolution 2008-165, Beinz~ a Resolution Ordering and Lev~ng Two Alley Lights Hansen stated this is for installation of alley lights between 1320 and 1328 41st Avenue and behind 4020 Reservoir Boulevard. The assessment is $1 per month and was petitioned by residents. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2008-165, there bei;~g ample copies available to ti-e public. Upon vote: Ali Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-165, being a Resolution ordering and levying one alley light located between 1320 and 1328 41st Avenue, known as PIR 677-40; and ordering and levying one alley light located behind 4020 Reservoir Boulevard, known as PIR 677-41. Upon vote: All Ayes. Motion carried. 16 City Council Ivfinutes ivfonda_y, July 28, 2008 Page 12 of 1 ~ ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Adopt Resolution 2008-168, Approving Property Tax Abatement Related to Senior Hausin~ Improvements and Approvin the First Amendment to Contract for Private Redevelopment (New Perspective Senior Living} Clark stated this action is to approve the first amendment to private redevelopment for the new developer taking over the Comforts of Home project. The EDA reviewed this with an unanimous vote for an abatement amount not to exceed $IS0,000 and. runs for five years on the property. It is a two party agreement with the EDA and City Council. Motion by Kelzenberg, second by Williams, to waive the Reading of Resolution 2008-168, there being an ample amount of copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second. by Williams, to Adopt Resolution 2008-I68, a Resolution approving Property Tax Abatement Related to Senior Housing Improvements and Approving the First Amendment to Contract for Private Redevelopment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All Ayes. Motion carried. 2) Adopt Resolution 2008-1.69. Being a Resolution Adopting Fees for the Residential Ins ep coon Before Sales Program (RIBS) -removed B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager/T Inman Resources Director Magee indicated the August 4t" work session items: LED signs, retaining walls, water shut off rates, dedicated left turn lane on 49t", and parking ramp agreement 40`" and Central. Report of the City Attorney -nothing to report ~ITI~ENS lr ^vRlTrv"i Donna Schmitt, 4260 Tyler Street, thanked the Council and staff for their hard work and the time put in on the RIBS program. Harold Hoiurn asked that someone read and explain all ordinances for the public. Dwayne Morrell, Reservoir Boulevard, indicated disappointment in the tree replacement program. He asked when the City gym became a priority for the city, Peterson stated it has been discussed. for 15-20 years and discussion began with the schools about 18 months ago. Peterson stated it is a service to the community, like your library. Deb Johnson, 4626 Pierce Street, stated that we heard a lot about government being involved in people's personal lives, but pointed out that government is the first place you call when you lose your jab or you grandmother needs to go to a nursing home. When you don't need them you tell them to get out of your life. You can not have it both ways. Kelzenberg asked if she was in favor of the RIBS program. Johnson stated initially yes, it was built on good intentions, and was intended as truth in housing. She would be in favor of an ordinance to have the buyer have an inspection. 17 City Council Minutes Monday, July 28, 2008 Page I3 of I S COUNCIL CORNER Nawrocki Duplex foreclosed at 4631 Pierce Street has been broken into. Requested staff look into purchasing the property. The garage is also in bad shape. Deb Johnson stated it is across from her and has a broken window in the back and can be entered. The outside looks good, but the inside is gutted. Attended the Suburban Rate Authority meeting. They are working with the electric company on more decorative lighting for streetlights. Offered. their annual audit for review. Williams Tonight we saw government in action - we are not beyond approach. People think that they can't buck city hall. We can be wrong. The citizens spoke tonight. Read from a letter from Alexander House requesting funds for services to Columbia Heights residents. People expect the city to support the programs they create. He indicated his appreciation for this meeting. Kelzenberg • Enjoyed the meeting also, • Hopes everyone gets out on National Night Out and encouraged everyone to attend the SACA charity softball game. Peterson • Don't forget our service men and women; they are doing a great job for us. We want to see the conflict end. • Let s not take ourselves too seriously and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 10:58 p.m. Patricia Muscovitz CMC City ClerklCouncil Secretary RESOLUTION N0.2008-161 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT PAID-ON-CALL DIVISION LEVEL STATION DUTY & DRILLS FIRE CALLS Appointment to Paid-on-Call Division (possession of, or attainment of EMT $7.00 $7.00 license) Attainment of Firefighter I certification and com letion of in-house trainin ~n•~0 $i0.00 Completion of one year probationary eriod $9.99 $12.84 Fire Motor Operator differential $1.50 $1.50 Lieutenant differential $2.00 $2.00 18 City Counci} Minutes Monday, July 2$, 2008 Page I4 of I S Adjustments effective January 1, 2008 RESOLUTION N0.2008-162 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION IN THE SAFE AND SOBER. COMMUNITIES GRANT PROGRAM WHEREAS, the City of Columbia Heights Police Department shall enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe & Sober Communities during the period October 1, 2008 through September 30, 2009; and WHEREAS, Chief Nadeau of the Columbia Heights Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Columbia Heights Police Department; and NOW, THEREFORE BE IT RESOLVED that Chief Wells of the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Columbia Heights Police Department. RESOLUTION N0.2008-166 BEING A RESOLUTION TO AMEND THE CERTIFIED LEVY FOR 2006-ZI-44-001 AND 2006-ZI-44-002, COUNTY FUND NUMBER 84056 WHEREAS, the City of Columbia I-Ieights assessed certain properties for 2006 Street Rehabilitation projects on Tyler Place and 43 Yz Avenues; and WHEREAS, the City assessed the United States Postal Service at 940 44`h Avenue, PIN 36-30-24-22-01.07 as part of the project; and WHEREAS, the United States Postal Service has provided information to the City Council concerning the exempt status of the LISPS. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the above described property is exempt from special assessments and shall be removed from the certified levy for 2006-ZI-44-001 and 2006-ZI-44-002, County Fund Number 84056. RESOLUTION N0.2008-165 BEING A RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO. 677-40 AND 677-41 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677-40 and 677-41 WHEREAS, the City Council of the City ofCoiumbia Heights, Minnesota, met at 7:00 p.m. on the 28`h day of.Iuiy 2008, in the City Council Chamber, X90 40`h Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where ail persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of matting the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known. and described as "Assessment Roll for Local Improvements" numbered 677-40 and 677-41 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated. in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. 19 City Council Minutes Monday, July 28, 2008 Page 15 of 15 RESOLUTION 2008-164 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Eric Betzler (Hereinafter "License Holder"). Whereas., license holder is the legal owner of the real property located at 1140-42 45`" Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained hec-ein was given to the License Holder on July 8, 2008 of an public hearing to be held on July 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental properly inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8385 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 20 COL,1u~ iA i ~,aiTUaTS Ci ARTEFc COiSSIOi~ 1t~IINUTES July 17, 2008 '7:00 p.m. Keyes Room These minutes have Murzyn Hall not been approved Call to Order The meeting was called to arder by President Joe Sturdevant at 7:00 p.m. Roll Call Members present: Bob Buboltz, Barb Gertsema, Roger Johnson, Nancy King, Carolyn Laine (7:08 p.m.), Mike Patiuk, Rachel Schwagel, Joseph Sturdevant, Joe Sturdevant, and Dan Vogtman Members absent and excused: Katy Korday Members absent and unexcused: Lori Ritzko Council Liaison, Tami Ericson-Diehm, was not present. City Attorney, Jim Hoeft, and Recording Secretary, Carole Blowers, were present. Other guests present: Scott Nadeau, Police Chief; Gary Gorman, Fire Chief; Harold Netkow, Police/Fire Civil Service Commission. Approval of minutes of April 16, 2008 Motion by Commissioner Vogtman, seconded by Commissioner Sturdevant, to approve the minutes of April 16, 2008, as presented. Motion passed unanimously. Status of Membership Introduction of new Charter Commissioner Rachel Schwagel was welcomed. to the Charter Commission. President Sturdevant gave a brief overview of the role of the Charter Commission. At the current time, there are three vacancies. Recognition of Outgoing Commission Member President Sturdevant acknowledged Jim Johnson, who has served. for the past four years on the Charter Commission. Mr. Johnson was unable to attend the city council meeting of July 14th for h;s reCognitio:; en he yziaS .nS';ted t:° attend ton.ght's me cling tC°, rece;ve h.s rer',ogntt:on. i~~Ir. 9 " Johnson thanked the Charter Commission members and gave a brief speech. Old Business Second Reading of Ordinance Changes to the City Charter The Charter Commission held their first reading of changes that need to be made to the City Charter regarding City Clerk vs. City Treasurer duties on April 16, 2008. City Attorney. Jim Hoeft, stated that the duties of the City Clerk and City Treasurer will be performed by separate individuals in the future, and. the City Charter needs to be updated to reflect this change. One reason for separat.on of duties :n these roles ~s :n s~:.pport of account.ng controls and audit purposes, The City Attorney stated that Patty Muscovitz, the former Council Secretary/Deputy City Clerk, became a Certified Municipal Clerk, and the council decided last year to change her title to City Clerk. Bill Elrite, Finance Director, formerly held the title of City Clerk/Finance Director/City Treasurer. July 17, ?008 Page 1 Columbia Heights Charter Commission 21 Cammissioners received the proposed. changes in ordinance form in their packet. Sections of the City Charter that need to be changed are as follows: Chapter 6, Section 55, Subordinate Officer Chapter 7, Section 66, Levy and Collection of Taxes Chapter 8, Section 77, Local Improvements How Made The exact suggested changes are as follows: ORDINANCE NO. BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 55, CHAPTER 7, SECTION 66, AND CHAPTER 8, SECTION 77, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO SUBORDINATE OFFICERS, LEVY AND COLLECTION OF TAXES, AND LOCAL IMPROVEMENTS, HOW MADE The City of Columbia Heights does ordain: ~ectinn 1 Chapter 6, Section 55, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by afour-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council and shall act as city treasurer until the council by ordinance otherwise provide. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 1086, gassed June 11,1984) IS HERE`vJITH AiviEivDED Tv READ AS FOLLO'W'S: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, €, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council ^~~' ~-"^" ^^* ^^ ^~*~~ *r°^~,.,.°~ ~~~*~' The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 10$6, passed June 11, 1984) Chapter 7, Section 66, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: .lnly I ~, 2oos Page 2 Columbia Heights Charter Commission 22 LEVY Aivia COLLE%TIOI~l OF TAXES. The city clerk shah transit to the county auditor annually, not later than October 10 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and payment thereof shalt be enforced in accordance with this charter and applicable state law. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26, 1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: LEVY AND COLLECTION OF TAXES. The city Treasurer shall transmit to the county auditor annually, not later than October 14 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and payment thereof shall be enforced in accordance with this charter and applicable state law. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26,1984) Chapter 8, Section 77, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. iii Computing the `value v^f the real estate, alt imprv'veiiic"irtS are to bc^ cxCiiidcd. iri computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed. against the wine, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made yr if the amount assessed Shaii be inSiiffiCieiit to complete rile work, the CoiiiiCii, after rite completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such July 17, 2008 Page 3 Columbia Hei~hu Charter Commission 23 ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, aver a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form. and denominations, all as the council shall by ordinance determine and. shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. IS HEREWITH AMENDED TO READ AS FOLLOWS: LOCAL IlVIl'ROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above tidy per%ertt Shall ilot be %oit8tri.ied aS ilmitiitg the i/oui"icii in Spreading assessments Cii the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed. and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such urdiiZan~e T3ia`y' be passed as an c~iiergenc'y' ord;i',anee. Such Certificates of indebtedness Shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period. not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council s11a11 by .luly 17, 2008 Page 4 Columbia Heights Charter Commission 24 ordinance determine and shall be signed by the mayor and city manager and countersigned by the city ElerlE Treasurer. Such certificates of indebtedness may be used in making payment on contracts far the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. City Attorney Jim Hoeft briefly discussed the letter dated July 1, 2008, from Harold Netkow and David Briley, current Civil Service Commission members, concerning the abolishment of the Civil Service Commission. This letter, provided in the Charter Commission members' packets, clearly states that the current Civil Service Commission members have no objection to abolishing the Civil Service Commission. The letter also stated that Anoka County abolished their Civil Service Commission in 1998 after it had served the county for 41 years, as it was an unnecessary duplication of regulations and. services to have both that commission and a county personnel system. Main points to abolish the commission are: 1. The civil service process unnecessarily lengthens the timeline to select new people or promote people from within. Because of the lengthy timeline, we have lost good candidates to cities with a more streamlined testing/selection process. 2. The City has in place a professional Human Resources Department to efficiently handle the hiring of new personnel and/or promoting employees from within the city. Police Chief Nadeau stated he wanted to have a good discussion with the Charter Commission members about this issue. He also stated that we have a professional human resources department within the city, and between that and regulations, laws, and union contracts (which include grievance procedures), there is an efficient system in place. Fire Chief Gorman stated he had no problem with abolishing the Civil Service Commission. Civil Service Commission President Harold Netkow stated the Civil Service Commission has too m uih redundun~y. He iinovv's first hand that we have lv'~st sE'i iiie really good candidates due to the lengthy process. Jim Hoeft stated that the entire City Council, and in particular Councilmember Nawrocki, wanted the Charter Commission to be informed of the discussion on the abolishment of the Civil Service Commission. He stated that the City Council could have went ahead to abolish the Civil Service Commission without any discussion with this commission, and then the Charter Commission could have decided to start a process to try and reinstate a new commission. It was felt that members of this commission should hear collectively, as a group, what the reasons are for abolishing the Civil Service Commission at this time. The City Attorney stated that the Police Civil Service Commission was created through State Statutes 41.9. The Firefighters Civil Service Commission was created through State Statutes 420. The city created a joint Police/Fire Civil Service Commission under State Statutes 419. In order to abolish the Police Civil Service Commission, it used to be via petition of 25% of the legal ~uiy ~ ~, Zoos Page 5 Columbia Heights Charter Commission 25 voters at the last general municipal eieetion. That has changed. Now according to State Statutes 4I9, the joint Police/Fire Civil Service Commission can be abolished by unanimous vote of the City Council. Commissioner Laine asked if the Charter Commission should pass some kind. of motion tonight or write some kind of letter in regard to this matter. The City Attorney stated that the Charter Commission does not have to take any action-this was merely the opportunity to present the information to the Charter Commission and answer any questions members may have about it. He stated the Charter Commission could submit a letter to the City Council, or someone could come to the City Council meeting when this is on the agenda. Commissioner Sturdevant commented on the maintenance of a list of potential, eligible candidates. The Mayor is provided a list of the top three candidates for Police Chief to choose from. The City Manager is provided a list of the top three candidates for Fire Chief to choose from. He stated with this process, there is no favoritism. Chief Nadeau stated. that out of 20 candidates interviewed, only four made it far the four open positions we have at this time. The Police/Fire Civil Service Commission rules are available from Linda Magee or Carole Blowers in Administration if anyone is interested. Commissioner Vogtman made a motion to close the discussion on this matter, seconded by Commissioner Sturdevant. It was suggested that Charter Commission members could attend the city council meeting when this is voted on (if they so desire). Motion passed. Motion by Commissioner Buboltz, seconded by Commissioner Sturdevant, to approve the second reading of the proposed changes to the City Charter pertaining to Chapter 6, Section 55, Chapter 7, Section 66, and Chapter 8, Section 77. Motion passed unanimously. These changes will now be forwarded to the City Council for their approval. It is anticipated that the City Council will pass the motion to abolish the Civil Service Commissian. It must be passed unanimously. This issue has come up at Least two times before in the past 14 years. The City Attorney stated he did not know exactly when this issue will be on the City Council agenda, but it will need to be presented. when all council members are in attendance. Negt Meeting Date The next regular Charter Commission meeting date is set for October 16, 2008, at 7 p.m. at Murzyn Hall. Adjournment Motion by Commissioner Johnson, seconded by Commissioner Buboltz, to adjourn the meeting at 7:58 p.m. ReSpe~tiuli:y' ~ubiiiitted, Carole J. Blowers Recording Secretary to the Charter Commission July U, ?008 Page 6 Columbia Heights Charter Commission 26 ~:(D1..lJlbi~3l~3 ~1^+'!~H i'~ - (:1'!'Y t;l7-Ul~dLlL Lj~:'1''1'-L+'!d Meeting of: August 11, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL.. ITEM: Resolution Designating BY: Patty Muscovitz BY: ~~``~ 2008 Election Judges DATE: 8-5-2008 DATE: NO: This resolution designates election judges and their salaries for the 2008 Primary Election to be held on Tuesday, September 9, 2008 and the General Election to be held on Tuesday, November 4, 2008. It may be necessary for the City Clerk to make limited additions or deletions prior to each election. Recommended Motion: Move to waive the reading of Resolution No. 2008-170, there being ample copies available to the pi.iviic. Recommended Motion: Move to adopt Resolution No. 2008-170, being a Resolution designating election judges and salaries for the 2008 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. COUNCIL ACTION: 27 RESOLUTION 2008-1'70 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2008 F'P:IlVIAI[2Y AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and V'~YEREAS: Pursuant to City Charter, Section 30, and M.5.5.204A, the Council shalt appoint the following qualified voters to be judges for the 2008 Primary and General election. Precinct I-Muriyn Hall-530 Mill St. Faye Cleasby -Head Judge Darlene Bieljeski -Assistant Head Judge Dolores Strand Fran Jensen Wanda Reining James Cyson Robert Petty Joyce Shellito Sandy Engquist Jeanne Andrychowicz Ardy Bircher Shanna Schmitt Precinct 2-Immaculate Conception-4030 Jackson St. Clara Shattuck -Head Judge JoAnn Kewatt -Assistant Head Judge Mark Emme Jacque Block Bradley Schmitt Carol Wiles Dennis Otremba Gretchen Gallagher Weinstein Bev Holub Michael McGee Darcy Tils Precinct 3 -Parkview Villa-965 40`h Avenue Muriel Nichols -Head Judge Charles Helland -Assistant Head Judge Delores Jacobsen Jacqueline Niznik Lorraine Milisheski Geor~ene Baker Marna Gomez Jeani Cox Dolores Fowler Dennis O'Connell Ralph Human. Precinct 4-Highland Elem School-1500 49te Avenue Marsha Stroik -Head Judge Joel Andrychowicz- Assistant Head Judge Shirley Browning Desli Krech Weslie Green Betty Krahl Sara Surbrook Soundra Burgoyne Charles Kewatt Nancy Leong Karen Davenport Precinct 5-First Lutheran Church-1555 40"' Ave Joan Kinde -Head. Judge Joanne Nelson- Assistant Head Judge Nancy French Irene Ricci Richard Meixner Lorne Nalezny Marion Bernard Clara Schmidt Ellen Lutz Marie Peterson Marian Luke Precinct 6-Highland Elem. School-1500 49`h Ave Stephen Iserman -Head Judge Aurora Johnston -Assistant Head Judge LaVonne Seim Delores Marquette Kay Mayer Eva Pelton Doris Sunheim Carol Lawler Barbara Marshall Mary Meier Phyllis Colombo Catherine Vesley 28 Precinct 7-Valley View Elem School-800 49`~ Ave Ann Kronstedt -Head Judge Joan Fuhrman -Assistant Head Judge Kathryn Morales James Hutchinson Patricia Tollefson Carolyn Hampton Kay Handley Mary Swanson. Barb Nundahl John LVachuska Janelle Nero Richelle Archambault Precinct 8-VaIlev View Elem School-800 49`h Ave Stephen Emme-Head Judge Dick Corbett -Assistant Head Judge Irene Sunt Mary I~owdle Marvin Helm Dorothy Penate Jenna Fish Carol Geier Sue Murzyn Laurel Best Michelle Ferreira Fatuma Elmi Jessica Letourneau NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges, by precinct, for the Primary Election on September 9 2008 and the General Elections on November 4, 2008, with an hourly remuneration of $11.00 for Head Judge, $10.75 for Assistant Head Judge, and $10.50 for an Election Judge. The City Clerk may designate emergency judges, as necessary. Passed this day of August 2008. Offered by: Seconded by: Roll call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 29 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 11, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Establish Meeting Date to BY: Walt Fehst / BY: ~~~ '%~ Canvass 2008 Primary Election Results NO: DATE: August 1 I, 2008 DATE: It is necessary to establish a date to canvass the 2008 Primary Election results. It is recommended the canvass meeting be scheduled for Wednesday, September 10, beginning at 5:30 p.mo in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to establish the Canvass of the 2008 Primary Election results far Wednesday, September 10, 2008 beginning at 5:30 p.m. in the City Council Chambers. COUNCIL ACTION: 30 CITY COUNCIL LETTER Meeting of August 11> 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVA L: ~~~°° ITEM: Authorize School Liaison Officer BY: Scott Nadea BY: ~° ,~` NO. Contract with School District #13 DATE: Au t 5, 200$ ~ DATE: 1~, for 2008-2009 BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into a Joint Powers agreement to fund a School Liaison Services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our juvenile program. The School District shares expenses with the Police Department during the school year at the rate of one half of 9/12ths of the cost of providing this officer, including wage, fringe and miscellaneous costs. Total cost for the school year 2008-2009 is $97,322.00 with the school district's share at $36,495.75. ANALYSIS/CONCLUSION Officer Erik Johnston will be starting his second year as the High School Liaison Officer. He has developed contacts with the students and staff at the schools that are invaluable in our investigation of juvenile crime. Officer Johnston is an excellent role model to students and a valuable resource to the school and the community. His interaction at the schools is an important link between law enforcement and the educatianal_ system. RECOMMENDED MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with School District #13 far the provision of a Police School Liaison Officer as stipulated in the Joint Powers Agreement for the period of September ~, 2008, through June 9, 2009. kao COUNCIL ACTION: 31 SCI~OOL LIAISOI~T OFFICER P~ZC~GRAN1 COLUMBIA HEIGHTS POLICE DEPARTIVIENT AI~TD INDEPENDENT SCHOOL DISTRICT # 13 prepared and. Su'ezr~tted'~y: Chief Scan Nadeau August 4, 2008 32 TABLE OF CONTENTS Subject Section Mission, Goals and Primary Responsibilities of the School Liaison Officer ...............................................................................................1 Objectives of the School Liaison Officer Position ...............................................................2 Position Description -School Liaison Officer Position: Accountability and Education Requirements .............................................................3 Position Description -School Liaison Officer Position: Qualifications ..............................................................................................:..............4 Major Areas of Accountability for the School-Liaison. Officer Position ................................................................... .... .S Guidelines for School Liaison Officer Position ...................................................................b Joint Powers Agreement ......................................................................................................7 Program Cost Factor Breakdown .........................................................................................8 33 Section 1 MISSIOl~I, ~OAI.,S AMID PRIMARY RESPONSIRII.ITIlI+~S OF TI~IE SCHOOL LIAISON OFFICER: Mission Statement: The Schaal Liaison Officer is placed in the school environment to identify, correct, and prevent delinquent behaviors and activities, and to create a positive relationship between youth, police, and other authority figures. Gaals• To work with and through school administrators, counselors, teachers, and students to develop a better understanding and a more positive attitude among students as to the role of a police officer. To work in liaison with school officials to provide, as much as possible, a safe and crime-free environment for students and staff. To act as a law enforcement consultant and educator to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop. Primary Resuonsibilities: The School Liaison Officer shall function as a law enforcement officer with-in the school environment and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource far students, teachers; counselors, school administrators and pare~rts. The School Lia-ison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The Schaal L iaisan ()ffi~.er plane anal rnnrdinates all fi~t~ctions ofinvestigations relating to juveniles and children, in both criminal and noncriminal matters to effectively solve criminal cases and build a basis for successful prosecution when warranted and/ar make all appropriate dispositions of noncriminal matters. The School Liaison Officer also develops and presents investigative reports to the County Attorney andJor City Prosecuting Attorney for complaints and coordinates with other juvenile referral agencies to appropriately handle juvenile criminal anal noncriminal acts that have come to the attention of the Department. 34 Section Z TIIE OBJEC'T'IVES OIE' 'I`I~IE SCIIOpL LIAISON OFFICER POSITION ARE: Objective #l.• To provide a formal process or rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile gang activity and provide intelligence. c. Reduce the use of uniform officer intervention at school sites for response to school related service demands. d. Maintain community contact for: parents, students, neighborhoods, community organizations (PTA and other service providers) e. Handle incidents such as minor assaults, thefts, and threats as they occur in the officer's assigned schools. Indicator #Z: Lack of formal or informal complaints or concerns, either written or verbal. Receipt of letters, phone calls or personal verbal contacts regarding individual or program successes. Ob.iective #2: To provide the following services to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop: a. To coordinate aild directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropri- ately to non-school related intelligence regarding gang activity. c. To red~]ce the nr~xnber of calls responded to by uniform officers at school sites. 35 School Liaison Program Page 2 Indicator #2'° S~tement of Objectives Maintain adequate knowledge through review of daily reports, keeping abreast of the above current problems and disseminating information to Investigations and Patrol. pb,~ective #3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator #3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. C)bjective #4: Improvement and continual update of Liaison Program. Indicator #4: Yearly evaluations to be prepared by School Officials, Police Department and Liaison Officer for annual review and evaluation. 36 Section 3 ]POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: ACCOUNTABILITY AND EDUCATION REQUIREMENTS The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assignment may submit their requests in writing to the Police Captain. Officers serving in the assignment may be removed at the discretion of the Chief of Police. The appointed School Liaison Officer znay vacate this position with thirty days written notice to the Chief of Police. While serving in this assignment, officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accounfiable fio• The School Liaison Officer reports to and is directly accountable to the Police Department Captain and/or the Chief of Police. Education and Training Requirements: POST licensed, supplemented by course work in investigative techniques, interview and .interrogation- techniques and. crime .scene processing techniques, at .least three ,years of experience as a police officer. 37 Section ~l P4~SITIt~N DI<SCILIPTId~T~d .. SCl~It~~IJ I.IAISC~N 4FFICFR: QUAL1rFICATI®NS 1. Considerable knowledge of the principles of modem investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. Thorough knowledge of federal, state and local laws and ordinances that are enforced by the department. 4. The ability to eommiu~icate effectively both orally and in writing. The ability to analyze complex criminal transactions and trends and to use information obtained to successfitlly charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at any one time. S• The ability to manage time effectively. 9. The ability to speak effectively in public. 14. The ability to work effectively with juveniles. I l . The ability to gain cooperation, support, and assistance of the area church organiza- tions, County V~Ielfare, County Court Services, Juvenile Court, County and City law enforcement, and other agencies in the community. 12. To meet as needed with members of the personnel team and police department representatives to discuss individual student and student body problems that affect school or police department objectives. 13. The ability to provide educational materials and lectures for the students, the school staff and the community on juvenile problems and problem areas, available assistance services far the students and their parents, and other topics deemed important. 38 School Liaison Program Page 2 Qualifications 14. The ability to assist in the classroom in the teaching of physical, mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, syrrfptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or could lead. to delinquent behavior and/or activities. 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. l $. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair anal recognizes he is working in a juvenile environment. The Juvenile Officer must assure the students and the staff that he/she is not in the school to create a police state, he/she is there to assist the administrative staff and students. 19. The ability to promote informal contacts between the students and the police, to increase communication and understanding between the two. 20. The ability to meet all other requirements and performance criteria defned for patrol off cer position. 21. The ability to serve as a resource person for law enforcerraent and juvenile court procedures. The officer vain be in a position with the school to develop a better understanding and have additional pertinent information far juvenile court detenninam tions. 29, The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. 39 Section 5 MAJOR AREAS OF ACCOUI`ITAII17I1ITY OF THE SCI-IOOIG LIAISON OFFICER POSITION: 1. To attend school staff meetings as a resource person in developing and adopting procedures that will contribute to the prevention of juvenile delinquency. 2. To communicate and cooperate with county welfare officers, probation personnel, alid other members of the professional community when appropriate. 3. To assist school staff members in understanding the Anoka County Juvenile Court System, Iaw enforcement ramifications, and the technique of court referrals when necessary. 4. To be a part of the fatal team effort to provide role models and prevent undesirable behavior patterns from developing. Endeavor to build and maintain rapport between youth, school, and police by day-to-day contact as a resource person. 5. To became involved in school and outside youth activities in order to understand special problems of youth and haw they may be positively addressed. Participate in community affairs as requested or assigned, and he available for lectures to school and community groups. 6. To facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education, etc. 7. To assist and advise in security matters regarding school buildings and properties that are normally supervised by school staff members upon request of appropriate school official(s). St, Ta maintain inriiviclual p olice skills; including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances. 9, To prepare and submit necessary case files regarding cases assigned or investigated. 10. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative personnel. 40 School Liaison Program Page ~ Major Areas of Accountability 1 1. Investigates reported crimes, both in and out of the school environment, for the purpose of collecting evidence and identifying, locating, questioning witnesses and suspects, and making legal arrests as justified by the facts developed. 12. Obtains and processes physical evidence. Handles or arranges for the processing of a crime scene including measurements, fingerprints, photos and drawings, etc. 13. Ensures proper development of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. 14. Ensures proper disposition of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of a1i juvenile matters to provide for a unified approach. 15. Ensures proper disposition of all assigned cases, meets with the Police Captain regularly to review the status of all cases and determines whether to pursue, delay or close the matter, l 6. Confers with parents, other members of the Criminal 3ustice System, and those private and public agencies within the community which are involved in the case, counseling or treatment of juveniles, children or family units, in the disposition of matters involving juveniles and/or children. 17. Preparation and presentation of appropriate material to students of elementary, junior and senior high schools. I S KPo ~ the p~,l;~p tv'.ant~i„ advised o_f alt current investigations and performs all other p., w .. _ ., _-- --r --- __ -- duties as apparent or assigned. 41 Section 6 ~1T)CDEJGINES FC1R THE SC1:itA(~L L1AIS~?N QFFICEI2 POSITIC}N: 1. Work week will be based on a forty-hour week. 2. Work hours will be proximate to the school day. 3. WiII be assigned a department vehicle while on-duty. 4. Time commitment is appropriately divided in each of the following categories: a. In-school activrty at senior high and middle school b. Case investigation, training, and meetings as scheduled c. D.A.R.E. d. Elementary schools 5. Primary supervisor is.the Police Captain. Secondary supervisor is the an-duty police supervisor. 6. Must report to a supervisor daily, but is authorized to report immediately to the school each day if approved. ___ 7. Must be prepared to perform all police functions, as the officer is subject to immediate call-out for other activities, but must be discreet in the visibility of police equipment. $. Will be assigned. a cellular phone, and the phone must be operational during all hours when on duty. ~. Brealc time will be as defined in the union agreement. 10. Wili bP assigned desk space at the Police Department and vain be provided appropriate r office space and supplies by the schools. i l . Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. 12. The officer is at all times under police supervision, but is expected to work closely with school administrators and staff. The objective is to solve problems, assist school staff, and to assist students. 13. ~,~ill keep a log and prepare appropriate reports to the Chief of Police. 14. Shall attend the weekly Investigator meetings. 42 Section 7 JOINT POWERS AGREEMENT This Joint Powers Agreement dated this 11th day of August, 200$ is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). 1. PURPOSE. The purpose of this agreement is to create, fund, and implement the position of Police School Liaison ®fficer. 2. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will he selected by a selection board made up of School District # 13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. 4. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H, Training I. Vehicle-related Costs The cost breakdown for 2008-2009 school year is attached. 5. BILLING. The City shall submit a bill to the School District, which will be paid wfth~n tl'urty dw,~ s of recL''ipt. 43 Page 2 Joint Powers Agreement 6. TERM, This agreement shall commence on Setitember 2, 2008, and shall end on June 9, 2009. 7. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, workers Compensation, Unemployment Compensation, P,E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with. the School District officials. The officer will have office space and phone at the School District's high school without cost to the City. 8. INDEMNIFICATION BY CITY. The School Liaison Off cer is a City employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, casts, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City; its agents or employees, in .the .execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. 9. IItiTI?EMNIFICATION BYSCHOOL DISTRICT. The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur ar be required to pay, arising out of or by reason of any negligent ar willful act or omission of the School District, its agents or amp~ny~os, in the PxPr,!tion, performance or failure to adequately perform the School Vlll District`s obligations pursuant to this agreement. 10. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or CitSr is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. 11, TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. a4 Page 3 Saint Powers Agreement l2. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the Schaal District and the Chief of Police. IN WITNESS WI-~EREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN AB(JVE. CITY OF COLUMBIA HEIGHTS SCH04L DISTRICT #13 Kathy Kelly Superintendent of Schools Missy. Lee School Board Chair 45 Gary L. Peterson Mayor COST FACTOR BREAKDOWN SCHOOL LIAISON OFFICER PROGRAM 2008-2009 School Year Base Wage: Patrol Top Wage $5,378.00/month $64,536.04/year Liaison Officer Premium $ 146.00/month $ 1,752.00/year Longevity (4 year rate) $ 90.31/month $ 1,084.00/year Holiday pay $ 3,289A0/year Deferred Compensation $ 375.00/year Overtime Allocation $ 1,$OO.OO~ear TOTAL SASE WAGE $72,836.aalyear Com~pensatian and Fringe: F.I.C.A. (1.45%} $ 1,092.00/year Workers Comp (3.68%) $ 2,771.00/year P.E.R,A. (14.10% gross wage) $10,563.00/year Hospitalization ($705/month} ~ 8,460.00/near TOTAL FRINGE .BENEFIT COSTS $22,886.00/year Miscellaneous Casts: Training allowance $ 800.00/Year Vehicle related expense $ 800.00/near TQTAL I4~IISCELLANEQIJS cQ~TS ~ 1,6aa.aaryear TOTAL YEARLY COSTS $9'7,322.aa/year To compute monthly total: $97,322.00 divided by 12 zx~onths = $ 8,110.17 To compute school year total: $ 8,11.0.17 X 9 months (school year) _ $72,991.49 To compute School District #13 cost: './2 of 9/12 finding formula = $36;495,75 TOTAL CAST TO SCIIQOL DISTRICT #13 $3G,49S.7S 46 CI~'Y Cf9UN~IL LET~EI2 Meeting of: 8/11/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: RESOLUTION 2008-167 AUTHORIZING THE BY: li. Hansen CITY OF COLUMBIA HEIGHTS TO ENTER INTO A DATE: 8/5/08 COOPERATIVE AGREEMENT No. 92807 WITH MNDOT FORTH 47 UNIVERSITY AVENUE SERVICE DRIVE RECONSTRUCTION CITY AGER f~ ~ BY: - DATE: ~' ; ~'",~. Background: The City Council held an Improvement Hearing on April 7, 2008 for the University Avenue Service Drive reconstruction from 40`" to 45`h Avenues. The project has been discussed aver the last couple of years with property owners interest for road rehabilitation, increasing the safety for pedestrians and introducing screening from TH 47. The City applied for Cooperative Funding to MnDOT in 2006 for the maximum amount of $550,000. In 2007, the City was awarded the entire project amount including construction engineering in the amount of $594,000. Under the Municipal Agreement Program, it is the City's responsibility for project design, bidding and contract administration. Analysis/Conclusions: The project plan documents include a cul-de-sac just north of 40`h Avenue, a mill and overlay from the cul-de-sac to approximately 400' to the north, road reconstruction from the end of the mill and overlay to 45`h Avenue, new storm sewer from 42"d to 44`h Avenues, a new bituminous trail on the west side of the road, new black vinyl coated chain link fence and landscaping in the TH 47 Right of Way to provide visual screening. The project specific Municipal Agreement by MnDOT is attached and details several things regarding the project: 1. Engineer's Estimate with detailed quantity takeoff. 2. Cost participation by the State and City. 3. Maintenance responsibilities after construction are complete. Staff recommends adopting the resolution that authorizes the City of Columbia Heights to enter into a Cooperative Agreement No. 92807 with the Minnesota Department of Transportation for TH 47 University Avenue Service Drive Improvements, and accepting a lump sum payment of $594,000 from the State. Recommended Motion: Move to waive the reading of Resolution No. 2008-167, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-167, being a resolution authorizing the City of Columbia Heights to enter into a Cooperative Agreement No. 92807 with Mn/DOT for TH 47 University Avenue Service Drive Improvements, City Project No. 0602. Attachment: Resolution Cooperative Agreement No. 92807 (to be distributed at Council meeting) COUNCIL ACTION: 47 RESOLUTION N0.2008-167 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT N0.92807 WITH MNDOT FOR THE UNIVERSITY SERVICE DRIVE RECONSTRUCTION FROM 40TH TO 45T1~ AVENUES CITY PROJECT # 0602 WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for the University Service Drive Reconstruction from 40`" to 45`" Avenue; City Project 0602; and WHEREAS, MnDOT has designated the improvements as SP 0205-94 and SAP 113-010-014; and. WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed. improvements; and WHEREAS, MnDOT has secured funding in the amount of $594,000 for the project and has prepared Municipal Agreement Number 92807 for the making of the improvements; and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway system. BE IT RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 92807 with the State of Minnesota, Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the reconstruction of the University Service Drive from 40`" to 45`" Avenues and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 47 within the corporate City limits under State Projects No. 0205-94 and No. 113-010-014 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Dated this 11th day of August, 2008 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 48 CITY COUNCIL LETTER Meeting of: 8/1 1/08 AGENDA SECTION: CONSENT AGENDA ~ ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: EVALUATION OF A DEDICATED LEFT TURN BY: K. Hansen LANE ON 49T'{AVENUE FROM FILLMORE STREET TO DATE: 8/06/08 JOHNSON STREET CITY MANAGER BY DA E: Background: At the June Traffic Commission meeting, Mr. Howard Seim of 1425 Molan Terrace requested a dedicated turn lane be designated on 49t" Avenue between Fillmore Street and Johnson Street. The turn lane has the potential to allow through traffic to continue east bound or west bound on 49t" Avenue when school is in session or when there are special events at the school. The Traffic Commission passed a motion to recommend the City Council request a traffic study from the Anoka County Highway Department for 49t" Avenue NE from Fillmore Street to Johnson Street to evaluate a dedicated turn lane by reducing the parking zone for two blocks (excerpt of minutes are attached). Analysis (Conclusions: City staff supports the idea of a traffic study by Anoka County Highway Department near the High School to evaluate traffic operation on 49`" Avenue with a dedicated left turn lane. The existing street width is 44 feet face of curb to face of curb. It would be required to eliminate parking on both sides to accommodate a left turn lane. Prior to sending out a request to the County Highway Department, staff will review traffic operations with the School District. Recommended Motion: Direct staff to request Anoka County Highway Department to conduct a traffic study on 49t" Avenue between Fillmore Street and Johnson Street, with an evaluation of a left turn lane in this segment boundary. KH:cb COUNCIL ACTION: 49 CITY COUNCIL LETTER Meetln ot: 2S/ I 1 /UtS AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORKS ITEM: WATER TURN OFFS AND ONS BY: K. Hansen BY: ~~ `~~~~ F DATE: 8/6/08 DATE: Background: Public Works performs water turn offs and turn ons for various properties upon request and for nonpayment of bills. This process has traditionally focused on shutting off water service to the house at the curb stop, located near the property line. Besides nonpayment of bills, property owners may request a shut off for interior plumbing repairs or seasonal use (snowbirds}. The fees for this type of service is minimal at $20.00 when requested and $75.00 for delinquent accounts. Analysis /Conclusions: In the last two years (or more) staff time has significantly increased relating to water shut offs and ons. When. properties have been foreclosed, closed or are heading to foreclosure, public works time spent has increased. Examples of additional time include: • Winterization shutoff and/or tuna on, checking inside the house. • Realtor or bank requests for operability, valve and meter check (multiple) for showing. • Missed appointments by property holder maintenance companies to turn on/off. • Emergency shutoffs due to interior broken pipe. The City's water ordinance stipulates that water meters should be installed or removed by only Public Works staff or licensed plumbers. When foreclosed properties are winterized, staff often does not know who has removed or reinserted the meter. To account for increased staff time (Public Works and Finance), I would recommend the following changes to the current fee structure: 1. Add a $50.00 fee for meter disconnect or reconnect. 2. Add a $25.00 fee for a no show to turn on or meter reconnect appointment. 1 do not recommend any changes to the current fee structure for delinquent accounts or requested (snowbirds). Recammended Motion: Establish the following fees for service for water turn ons and turn offs: 1. $50.00 fee for meter disconnect or reconnect. 2. $25.00 fee for a no show to turn on or meter reconnect appointment. KH:cb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of August 11, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses "" NO: DATE: August 5, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed. for rental housing license applications for August 11, 2008. COUNCIL ACTION: 51 I i~t of ~(lnf~ FZPnfial I icenses $~ Aoc~rove Occupany I.D. Property Owner Name Property Address 10054 M DC 2000 20420 Giese Roslyn Park, LLG 20155 Philip Black 10050 Pam Bradshaw 30053 Lester Chies 20323 Chad Corbett 20015 Dianne Dickinson 10014 Michael Erickson 12105 Ed Fitzpatrick 20040 Patrick Fragale 20175 Gerald Grote 12120 Robert Koponen 20238 Robert Koponen 12161 Dorothy Langie 20315 Larry Larson 20134 Julio Medina 30164 Richard Meissner 34009-NC Dale Nawrocki 10205 Kristin Nelson 20230 Mahmoud Rifai 20318 Mahmoud Rifai 12115 Linda Rogers 12136 Patsy Sandsness 10060 Walter Sentyrz, Jr 12185 Joseph Sturdevant 34008 Jerome Thompson 12010 Steven Thoreson 20007 Robert Vandeveer 10036 Robert Witt 3820 Tyler 4701 5TH 4247 2 N D 1121 39TH 980 44TH 4601 Taylor 1725 37TH 2200 FOREST 4514 FILLMORE 1300 CIRCLE TERRACE 4144 Quincy 1035 POLK 3930 JOHNSON 4527 Taylor 1087 POLK 1116 45TH 4643 PIERCE 1331 42ND 4122 MADISON 3985 JOHNSON 1069 POLK 1057 POLK 1214 43 1/2 3913 ARTHUR 1043 POLK 1341 42ND 4613 Taylor 4636 Taylor 4222 MONROE 08/06/2008 09:51 s2 Page 1 CITY COUNCIL LETTER Meeting of: Aug 11, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER N0: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ~ e ,f NO: DATE: Aug. 6, 2008 BY: BACI{GROUND/ANALYSIS Attached is the business license agenda for the August 11, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. 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. RECOMMENDER M®TI®N: tc~ove to approve the items as listed on the business license agenda for August I I, 2008 as presented. COUNCIL ACTION: 53 `TO Cl'T`Y COUNCIL August 11, 2008 -":Signed e%t%aiver Norm Accompanied Appiicatian 2008 BUSINESS LICENSE AGENDA CGNTI2ACTORS LICENSES Bldg *Expert Sheet Metal East Bethel Htg & AC * WestAir Inc. *Belair Excavating *DC I-leating *Design 1 of Edina *James Reiter Plumbing PO Box 90, Bethel $60 19040 Dogwood St NW, Oak Grove $60 1.1.184 River Rd NE, Hanover $60 2200 Old I Iwy 8, New Brighton $60 14109 ~Jhite Birch Rd, Minnetonka $60 9973 Valley View Rd, Eden Pr $60 353 Michigan St, St Paul $60 54 CITY OF COLUMBIA HEIGHTS FINANCE T3EPARTMENT COUNCIL MEETING OF: Au~ustl 1, 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 126806 through 126974 in the amount of $ 12 368 203.40 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 55 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 08/07/2008 14:51:40 Check History GL050S-V06.74 COVERPAGE GL540R ***********************************************•k******************************* * * * * E D A * * * * * * * * E D A * * * * * * * * E D A * * * * * * * * E D A * * * * ******************************************************************************* Report Selection: Optional Report Title.......08/11/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 126806 thru 126974 thru thru thru thru thru thru thru t hru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J EDA Ol P4 Y S 6 066 10 Y Y 56 ACS FINANCIAL SYSTEM 08/07/2008 14 BANK VENDOR BANK CHECKING ACCOCJNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 08/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT NORTHEAST BANK 126806 300,000.00 NORTHEAST BANK 126807 915,494.91 AARP 126808 290.00 AMERICAN BOTTLING COMPAN 126809 463.35 AMERIPRIDE INC 126810 69.28 BOND TRUST' SERVICES CORP 126811 76,294.38 BURBANK/CATHIE 126812 50.00 BUREAU OF CRIMINAL APPRE 126813 100.00 CENTER POINT ENERGY 1'26814 787.98 CITY OF COLUMBIA HEIGHTS 126815 119,916.79 DANIMAL DISTRIBUTING INC 126816 273.60 DEEP ROCK WATER COMPANY 126817 60.55 FRATTALONE COMPANIES INC 126818 2,360.00 FRIDLEY LITTLE LEAGUE 126819 1,735.00 G & K SERVICES INC 126820 43.42 GAYLE/DINA 126821 100.00 GENUINE PARTS/NAPA AUTO 126822 65.58 GRIGGS-COOPER & CO 126823 26,127.66 HEINRICH ENVELOPE CORP 126824 1,010.00 IDEARC MEDIA CORP 126825 71.25 INTEGRA TELECOM INC 126826 171.24 JOHNSON BROS. LIQUOR CO. 126827 22,342.37 KROMAH/JUSU 126828 298.13 LOWRY CENTRAL BOWLERS 126829 653.80 MIDWEST MAILING SYSTEMS 126$30 155.46 MINNESOTA COUNTY ATTORNE 126831 175.25 OFFICE DEPOT 126832 45.27 PEPIN, LAWRENCE 126833 207.09 PETTY CASH - KAREN OLSON 126834 123.28 PETTY CASH - LIZ BRAY 126835 88.81 PHILLIPS WINE & SPIRITS 126836 9,388.48 PIONEER DF_AMA SERVICES 1.26837 131.75 QUALITY WINE & SPIRITS 126838 953.55 QWEST BUSINESS SERVICES 126839 513.32 QWEST COMMUNICATIONS 126$40 870.73 SHAMROCK GROUP-ACE ICE 126841 1,452.29 STREICHER'S GUN'S INC/DO 126842 749.76 THREE RIVERS UMPIRE ASSO 126843 150.00 VALLEYFAIR 126844 1,311.00 VERIZON WIRELESS 126845 66.32 WELLS FARGO BANK 126846 4,639.34 XCEL ENERGY (N S P) 126847 18,355.66 NORTHEAST BANK 126848 9,925,000.00 AMERICAN BOTTLING COMPAN 126849 134.25 AMERIPRIDE INC 126850 23.33 BARNICK/ROBERT & PRISCIL 126851 834.00 BRECKENITCH/LAURIE 126852 52.74 57 ACS FINANCIAL SYSTEM 08/07/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 08/11/200$ COUNCIL LISTING CHECK NUMBER AMOUNT BUETOW AND ASSOCIATES TN 126853 60,323.50 CAPI'COL BEVERAGE SALES L 126854 55,218.47 CHISAGO LAKES DISTRIBUTI 126855 6,366.84 COCA-COLA BOTTLING MIDWE 126856 1,854,72 COLUP+IBIA HEIGHTS TRANSIT 126857 7,213.00 CREST VIEW ONDC 1 126858 ?.1,008,00 DANIMAL DISTRIBUTING INC 126859 1,834.20 EDS BUILDERS INC 126860 9,980.00 EXTREME BEVERAGE 126861 502.50 FAIRS NURSERY & LANDSCAP 126862 39,440.75 FARNER-BOCKEN 126863 12,519.13 FEHS'C/WALTER 126864 326.26 FIRST NATIONAL INSURANCE 126865 1,000.00 G & IC SERVICES INC 126866 43.42 GRIGGS-COOPER & CO 126867 27,064.53 HOHENSTEINS INC 126868 10,304.29 JJ TAYLOR DIST OF MN 126869 76,643.62 JOHNSON BROS. LIQUOR CO. 126870 15,731.88 JOHNSON/LONNIE 126871 130.00 KELZENBERG/BRUCE 126872 110.00 MCGEE/MICHAEL 1.26873 17.55 MEDICS TRAINING INC 126874 450.00 MONTICELLO FORD MERCURY 126875 43,272.00 NEEDHAM DISTRIBUTING CO 126876 605.90 OLSON/KAREN 126877 50.16 PETERSON/GARY 126878 110.00 PHILLIPS WINE & SPIRITS 126879 2,483.70 RON KASSA CONSTRUCTION I 126880 10,542.82 RUBIO/JUAN 126881 370.00 S & T OFFICE PRODUCTS IN 126882 756.60 SHAMKOCK GROUP-ACE ICE 126883 117.76 T-MOBILE INC 126884 1,218.09 VERILON WIRELESS 126885 92.99 VISU-SEWER CLEAN & SEAL 126886 92,023.75 AAA AWARDS 126887 104.50 ABM EQUIPMENT 126888 1,513.52 ACCURINT 126889 130.00 ACE HARDWARE 126890 59.70 ADDCO LLC 126891 7,218.57 ANCOP9 COMMUNICATIONS INC 126892 362.10 ANOKA COUNTY LICENSE CEN 126893 233.80 ANOKA COUNTY TREASURER 126894 531.75 ASPEN MILLS, INC. 126895 358.50 ASTLEFORD INTERNATIONAL 126896 1,084.08 BENNETT COMMUNITY CONSUL 126897 1,225.00 BIFF'S,INC. 1.26898 1,214.60 BOYER TRUCK PARTS 1.26899 166.94 58 ACS FINANCIAL SYSTEM 08/07/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 08/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT BRAVER & ASSOCIATES LTD 126900 7,210.73 BRAUN INTERTEC CORP 126901 1,213.20 BROERMANN/CAROL 126902 45.66 CAMDEN PET HOSPITAL, INC 126903 1,461.48 CATCO PARTS SERVICE 126904 11.57 CCP INDUSTRIES 126905 222.30 GEMSTONE 126906 164.49 CHAMBERLAIN OIL COMPANY 126907 2,298.22 CINTAS FIRST AID-SAFETY 126908 510.90 CITY PAGES 126909 450.00 COMMERCIAL ASPHALT 126910 54,206.56 COMMERCIAL POOL-SPA SUPP 126911 1,150.83 COORDINATED BUSINESS SYS 126912 763.14 COPELAND BUILDING CORP 126913 46,698.81 CROWN FENCE & WIRE 126914 150.78 DAVES SPORT SHOP 126915 487.29 DEEP ROCK WATER COMPANY 126916 60.55 DISCOUNT STEEL INC 126917 149.10 DU ALL SERVICE CONTRALTO 126918 1,106.47 EGAN OIL COMPANY 126919 14,833.47 EHLERS & ASSOCIATES INC 126920 6,105.00 EMERGENCY AUTOMOTIVE TEC 126921 101.44 ENGINEERING REPRO SYSTEM 126922 61.51 FACTORY MOTOR PARTS INC 126923 47.56 FIDELITY BUILDING SERVIC 126924 5,167.90 FLEX COMPENSATION, INC 126925 189.00 G & K SERVICES INC 126926 381.12 GENE'S WATER & SEWER INC 126927 9,587.80 GENUINE PARTS/NAPA AUTO 126928 682.34 GROVE NURSERY 126929 1,709.86 HD SUPPLY WATER WORKS 126930 452.00 HEIGHTS ELECTRIC INC. 126931 746.50 HERRINGER/GERRY 126932 35.00 HOME DEPOT #2802 126933 82.79 HONEYWELL INC 126934 19,491.25 INDEPENDENT SCHOOL DIST 126935 28,850.04 INTEGRATED LOSS CONTROL 126936 378.00 KATH FUEL OIL SERVICE 126937 331.00 KENNEDY & GRAVEN 126938 3,575.01 KOPECKY/BRADLY 126939 8,850.00 LEROY SIGNS INC 126940 195.00 MAC QUEEN EQUIPMENT CO. 126941 177,938.21 MENARDS CASHWAY LUMBER-F 126942 487.72 MIDWAY FORD 126943 579.20 MIDWEST LOCK & SAFE INC 126944 417.43 MIDWEST OVERHEAD CRANE 126945 219.06 MILOW ELECTRIC INC 126946 604.64 59 ACS FINANCIAL SYSTEM 08/07/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 08/11/2008 COUNCIL LISTING MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO INC MINNESOTA NURSERY & LAND MINNESOTA PETROLEUM SERV MN POLLUTION CONTROL AGE MYERS TIRE SUPPLY COMPAN NEENAH FOUNDRY COMPANY NORTHEASTER NORTHERN SANITARY SUPPLY NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER QUICKSILVER EXPRESS COUR RICOH AMERICAS CORPORATI ROAD MACHINERY & SUPPLIE S & T OFFICE PRODUCTS IN SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STREICHER'S GUN'S INC/DO SUN PUBLICATION INC TERMINAL SUPPLY CO, INC TOUSLEY FORD TOXALERT, INC. TULL BEARINGS INC TWIN CITIES TRANSPORT & TWIN CITY BRIDAL VIETNAM VETRANS ORGNZTN ZIEGLER INC CHECK NUMBER AMOUNT 126947 98.98 126948 10.60 126949 198.00 126950 217.50 126951 750.00 126952 151.33 126953 2,289.15 126954 314.10 126955 103.31 126956 10,558.38 126957 352.90 126958 519.60 1.26959 44.26 126960 306.00 126961 527.28 126962 578.38 126963 50.11 126964 106.65 126965 271.82 126966 212.87 126967 57.38 126968 132.13 126969 486.00 126970 266.40 126971 246.03 126972 595.00 ].26973 75.00 126974 91.85 12,368,203.40 *** 60 ACS FINANCIAL SYSTEM 08/07/2008 14 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check Histos~y GL540R-V06.74 PAGE 5 08/11/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 12,368,203.40 RECORDS PRINTED - 000949 61 ACS FINANCIAL SYSTEM 08/0 7/2008 14:51:43 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 70,121.82 201 COMMUNITY DEVELOPMENT FUND 2,559.53 202 ANOKA COUNTY CDBG 2,360.00 212 STATE AID MAINTENANCE 1,134.30 225 CABLE TELEVISION 8.26 240 LIBRARY 3,899.65 261 AFTER-SCHOOL PROGRAMS 2,081.56 265 FORFEITURE FUND 99.60 272 POLICE GRANTS-OTHER 28,850.04 315 SULL-SHORES:TX GO BOND52008A 915,662.11 370 TIF S7: HSG & REDV TIF DISTl 194.25 371 TIF T4: 4747 CENTRAL AVE 194.25 372 HUSET PARK AREA TIF (T6) 194.25 373 EDA TIF REV BONDS 2007 76,294.38 376 TAX INCREMENT BONDS 388.50 377 SHEFFIELD - TIF (M8) 194.25 379 HOUSING TIF #1 SCATTER 194.25 385 MULTI-USE REDEVELOPMENT PLAN 1,028.25 386 HOUSING TIF #2 194.25 389 RB:TRANSITION BLK REDEVELOP 28,415.25 401 CAPITAL IMPROVEMENTS 10,542.82 412 CAPITAL IMPROVEMENT PARKS 4,677.93 415 CAPITAL IMPRVMT - PIR PROD 64,657.95 417 PUB SAFETY BLDG CONSTRUCTION 70,303.50 420 CAP IMPROVEMENT-DEVELOPMENT 8,162.45 431 CAP EQUIP REPLACE-GENERAL 123,741.83 436 CAPITAL EQUIP REPLACE-LIQUOR 79,437.56 438 CAP EQUIP REPLACE STORM SEWE 80,429.84 601 WATER UTILITY 8,308.37 602 SEWER UTILITY 1,927.95 603 REFUSE FUND 12.29 604 STORM SEWER UTILITY 8,618.01 609 LIQUOR 277,946.47 651 WATER CONSTRUCTION FUND 15,552.54 652 SEWER CONSTRUCTION FUND 92,023.75 701 CENTRAL GARAGE 40,171.98 720 DATA PROCESSING 1,513.62 884 INSURANCE 1,000.00 885 PAYROLL FUND 119,916.79 886 INVESTMENT FUND 10,225,000.00 887 FLEX BENEFIT FUND 189.00 TOTAL ALL FUNDS 12,368,203.40 BANK RECAP: BANK NAME DI~~URSEMENTS ---- ---------------------------- CITY OF COLUMBIA HEIGHTS GL060S-V06,74 RECAPPAGE GL540R ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 08/07/2008 14:51:43 Check History GL060S-V06.74 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 12,368,203.40 12,368,203.40 63 CITY COUNCIL LETTER Meeting of August 11, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER. NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY. Abatement ` ~ ~ ~ DATE: August 7, 2008 DATE: NO: 08-163 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested. regarding property at 2008-163 - 4513-15 Taylor Street for failure to meet the requirements of the Residential Maintenance Code. This item was continued from the July 28, 2008 City Council meeting. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-163 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-163 being a regnli~;tinn of the City tv'n~"nril ~f the ('ity pf i'nl~~;~nh~a NPi~ahtgr,nnti;i~~arl from tha July 28, 2008 meeting, declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: °~': 64 RESOLUTION 2008-163 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of nr~lir~anre yinlat.onS *t}' i..:l'S'»at~t to f hapter ~~ A.s-~i~rle TT of (`sty (`oEle, of the property owned by Stanley Van Blaricom (Hereinafter "Owner of Record"). v Whereas, the owner of record is the legal owner of the real property located at 4513-15 Taylor Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular snail to the owner of record on June 12, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 1, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 12, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 18, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found. to exist, to wit: A. Shall repair retaining wall in rear of property next to the alley That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions of file City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That tl~e property located at 4513-15 Taylor Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice ofthis hearing, and. any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 65 ORDER OF COUNCIL 1. The property located at 4313-15 Taylor Street constitutes a nuisance pursuant to City Code. 2e That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 CITY COUNCIL LETTER Meeting of August 11, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ,~ Abatement DATE: August 5, 2008 DATE:' NO: 08-171 to 08-174 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-171 - 4152 Cleveland Street 2008-172 - 5045 Johnson Street 2008-173 - 1355-57 Circle Terrace Boulevard 2008-174 - 1337-39 Circle Terrace Boulevard for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-171, 172, 173, and 174 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-171. 172. 173, and 174 being,,r~esolutions of the City Council. of the City of Columbia Heights declaring the properties listed a nlilsUn Ve and approving the abate iiient of Y'lV latlons from the property pursuant to City Code section 8.206. COUNCIL ACTION: 67 RESOLUTION 2008-171 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article Il, of City Code, of the property owned by Access Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4152 Cleveland Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, t11e City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 18, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on July 24, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 30, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall sod, lay dawn grass seed or install approved landscaping material on all bare areas of the yard That all parties, including the owner of record and any occupants or tenants, have been given the apprvpriatC iioticCvf this iicaring aCcvrding tv^ tiic provisioiiS of thc" C,It'y' Codc ScCtioi'i 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4152 Cleveland Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That ail relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3, That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 68 ORDER OF COUNCIL 1. The property lacated at 4152 Cleveland Street constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 69 RESOLUTION 2008-172 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James J. Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code. Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on May 29, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on July 10, 2008 inspectors re-inspected the property listed. above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 1, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the lower overhead garage door panel That all parties, including the owner of record and any occupants or tenants, have been given the appropriate rioti~c of this llea.r lllg al.Cor dlllg to the provlslolls of the Cit'y' Code Sel-lion 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 5045 Johnson Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ~o ORDER OF COUNCIL 1. Tyre property located at 5045 Johnson Street constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Museovitz, CMC City Clerk 71 RESOLUTION 2008-173 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the praperty awned by Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1355-57 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And. whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 28, 2008 the Fire Department was in the neighborhood doing PMC inspections. Shortly after arriving at this property inspectors noted that the building was unsecure. Inspectors verifed that the structure was vacant and contacted the city's contractor to board the open window up. 2. That on Juiy 29, 2008 the Fire Department was contacted by DuAll Services whom stated that window had been boarded. 3, That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A° Approve the immediate abatement of the hazardous structure located at 1355-57 Circle Terrace Boulevard N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given L ~.,... Cal..;.. L.,..,,.' .i° 4~.-. 4 'nv1o n~41~r it~~ ~.^, e Sect°^, t-le appropriate no~i~~ of uu~ ti~aiirig acCoruing w she provfsl.,,.o v~ ~,,., C J d 2 n 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 1355-57 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Natice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3, That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 72 ORDER OF COUNCIL 1 o The property located at 1355-57 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Rolt Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk. 73 RESOLUTION 2008-174 n _ i r..r- - ~`''`-- ~`------'9 r- - ~-- n:~_. rn_t-----L:_ fT,.'...t_~.. ,.t,.,.t,...:.,.~+t_........,..,.,....~., .. ,..,.',,.,,-.,.~ I~eSOlUtlon l)1 IIIC l.iLy I.UUIIGII lUi ti1C lily of l,V1Ut11UlQ nGi`t,'t1LJ ucctautt~ utc ~ttv~ctty a 11uiJattcc and. approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Deutsch Bank (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1337-37 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 28, 2008 the Fire Department was in the neighborhood doing PMC inspections. Shortly after arriving at this property inspectors noted that a building on the property was unsecured. Inspectors verified that the structure was vacant and contacted the city's contractor to board the open window up. 2. That on July 29, 2008 the Fire Department was contacted by DuAll Services whom stated that window had been boarded. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 1337-39 Circle Terrace Boulevard N.E. 4. That al l parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1337-39 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That a1[ relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 74 ORDER OF COUNCIL i . T he properly located ai i 337-3y Circle Terrace tsivd. iv.E. constiiuies a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City ClerEc 75 CITY COUNCIL LETTER Meeting of August 11.2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adapt Resolution Far BY: Gary Gorman BY: /` Revocation " DATE: August 5, 2008 DATE: NO: 08-175 to 08-180 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-175 2008-176 2008-1.77 2008-178 2008-179 2008-180 - 4148-52 Tyler Street - 4610-12 Fillmore Street - 1236-38 Circle Terrace Blvd. - 3971 Johnson Street - 5036 Jackson Street - 4515-17 Fillmore Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION; Move to close the public hearing and to waive the reading of Resolution Numbers 2008-175, 176, 177, 178, 179, and 180 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-175, 176, 1.77, 178. 179. and 180 beins Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SP..408~A~ of the rental licenses listed. COUNCIL ACTION: 76 RESOLUTION 2008-175 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant tv v ty' Code, ..hap ter r'li, Aitic ie i v~, Secti Z'iil G ~nQ( ~) ^~4}'t nfi nArtnin rnci~Arl4in~ 1 ! 1.TVV 1 V1 LIIUL VII LLt It11~JlUl.l lLl Cll. rental license held by Donna Frank (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4148-52 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article I V, Seetion SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July l 7, 2008 of an public hearing to be held on August 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 17, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 17, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U4148 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the Iicense as held by License Holder. 77 Passed this _ day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 78 RESOLUTION 2008-176 Resolution. of the City Council for the City of Columbia Heights approving revocation nttr°cttant to (:'itv 1'.'nrle C'hantar 5 A Article TV CPetinpi SA 4(1R(Al nftl~atrertaj;~ re~iriPntjal r _...._...._ ~ , ~, t,._. , . , ., .,~. ~ ., rental license held. by Mohsen I. Dessouki (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4610-12 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 16, 2008 of an public hearing to be held on August 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 2, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 16, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 31, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that five violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Shaii repair the wood fence that is missing the wood slates b. Shall replace the broken window on the east side of the garage. c. Shall install the proper piping on the hot water relief valve. The relief valve discharge must be extended to within 18 inches of the floor. d. Shall repair the loose light fixture in the basement at the bottom of the stairway. e. Shall have aprofessional/licensed electrician repair the electrical box in the basement. Shall ensure a electrical wiring is installed so that it meets code. Romex cable exposed, exposed bare wires. 5, That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). 79 ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8981 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. A11 tenants shall remove themselves from the premises within b0 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk so RESOLUTION 2008-177 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential ...4,.1 t: L, ,.1 ,T L.. A 1„i: i., /71.. ..G~, ~+T TJ..l.io,-~fl Ccii~ai ttVCnSe ii~iu ~y r-~vu~ ~aiiia ~ii~reiilaiwr i.iceiiSe iiviu~.i ~. Whereas, license holder is the legal owner of the real property located at 1236-38 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 22, 2008 of an public hearing to be held on August 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 15, 2008 inspection office staff sent a letter requesting the owner of the property to renew the rental license family exemption for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 31, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed and no family exemption paperwork had been submitted. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit rental license fees and an application. b. Failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article II1 SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE8295B is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. a~ Passed this day of 2008 ClffarPrl kv~• Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk $2 RESOLUTION 2008-178 Resolution of the City Council for the City of Columbia Heights approving revocation nirrerrant to (`itv (`nr3a ('hantar S O ~ rtir~la 1lT Cantina ~ D d(1R(~ 1 nfthat rartain racirlantial ~....~..~..... w v.~~ ...~....., ..,...i...Ja ....., . ,. ~,..,..:. , ~,......v....... ~...~~..~ ..i .....................~....,,«.... rental license held by Shirley Apollo (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 3971 Johnson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 7, 2008 of an public hearing to be held on August 1 l , 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 3, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 07, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. 'That on July 30, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained. uncorrected. 4. That based. upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Shall install a thumbturn style deadbolt lock on the back door. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified. by license number F9124A is hereby revoked. 2. The City wilt post for the purpose of preventing occupancy a copy of this order on the buildings covered. by the license held by License Holder. 3. Ali tenants shall remove themselves from the premises within 60 days from the first 83 day of posting of this Order revoking the license as held by License Holder. Passed this ,day of 2008 Offered by: Second by: RoII Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 84 RESOLUTION 2008-179 Resolution. of the City Council for the City of Columbia Heights approving revocation ^'.irs',.iantto Cittj rode (`hav,ter 5A Ai-r;c1P TV CPrtinn 5A 4QR(Al nfthat certain residential r > >-- r ~- ~~ _. .- rental license held by Passang Gongma (Hereinafter "License Holder"). Whereas, license holder is the legal owner ofthe real property located at 5036 Jackson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on Juiy 15, 2008 of an public hearing to be held on August 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 22, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted ten violations. A compliance letter listing the violations was mailed by regular mail. to the owner at the address listed on the Rental Housing License Application. 2. That on July 15, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail. to the owner at the address listed on the rental housing license application. 3. That on July 30, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Shaii seaiiweatherproof the bare wood on any structures on tilt pi=opeiiy. Shall paint, stain, or varnish wood. GARAGE TRIM AND SOFFIT. b. Shall install thumbturn style deadbolt lock on the front and rear door. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described. herein and identified by license number F9143 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on 85 the buildings covered by the license held by License Holder. 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 RESOLUTION 2008-180 Resolution of the City Council for the City of Columbia Heights approving revocation. ,,,,r~„ant m C~~tv C'nr1P C'ha»ter 5A Artir.le i~1_ ~ectinn SA_40R(Al ofthat certain residential rental license held by Juan Roddy (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4515-17 Filhnore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 22, 2008 of an public hearing to be held on August 11, 2008, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 13, 2008 inspectors for the City of Columbia Heights, inspected the property described. above and noted. three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 22, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 30, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 4. That based upon said. records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall repair aPiiany Torn screens on the house. b. Shall repair the garage door that was hit by a car. c. Shall repair the front door glass that is broken. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8574 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on 87 the buildings covered by the license held by License Holder. 3 ~ All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by L.tense Holder. Passed this day of 2008 Offered by: Second by; Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk sa COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Au ust 11, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: ITEM: Adopt Resolution No. 2008-182 being a BY: Jeff Sargent, City Plam~er BYF Resolution approving the preliminary plat and the 1st DATE: August 7, 2008 reading of Ordinance No. 1552 being an Ordinance to vacation of a portion of Jackson Street for 825 - 41st Avenue. BACKGROUND: At this time, the City of Columbia Heights is requesting two approvals in conjunction with the construction of a public safety facility located at 825 - 4l S` Avenue. They are a Preliminary Plat approval, and the vacation of a portion of the Jackson Street right-of--way. Preliminary Plat The city has decided to plat the current property to make it easier to record the new necessary drainage and utility easements. The existing drainage and utility easements will be vacated through quitclaim deeds prior to the approval of the final. plat for this project. Vacation of Jackson Street The proposal includes the vacation of the southern portion of Jackson Street that abuts the property. The purpose for the vacation of this section ofright-of--way is to square off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. RECOMMENDATION: The Planning and Zoning Ccmmission held a Public Hearing for the request on Augi:st 6, 2008. They voted unanimously to recommend City Council approval ofthe Preliminary Plat and the proposed vacation of a portion of the Jackson Street right-of- way, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-182, there being ample copies available to the public. Move to adopt Resolution No. 2008-182, approving the Preliminary Plat for the Public Safety building located at 825 - 41"Avenue. Move to waive the reading of Ordinance No. 1552, there being ample copies available to the public. Move to establish the second reading of Ordinance No. 1552, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Resolution 2008-182; Ordinance 1552; P+Z Itilemo; 1'reli»ainary Ylat Materials; Locution COUNCIL ACTION: 89 CITY OF COLUMBIA HEIGHTS PLANNING REPORT r n ec nil snnQCO~ ~nnsz nszn7 t...-.uL ~V...~d~L, V~.. LuVV-uVV ~ DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 825 - 41St Avenue REQUEST: Preliminary Plat Approval, Vacation of Jackson Street right-of-way, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting three approvals in conjunction with the construction of a public safety facility located at 825 - 41St Avenue. They are as follows: A Preliminary Plat approval. 2. The vacation of a portion of the Jackson Street right-of-way. 3. A Site Phan Approval. Ir, early 2~nR the <'.ity f:~eenril eYplnrcrri marry npfirtnc in ECtratlflg the nevi/ public safety .., building. After extensive research and site analyses, the r'ormer NEi School site, located at 825 - 41St Avenue was determined to be the best location. This site had been purchased by the City of Columbia Heights for future redevelopment opportunities, and meets all the logistical criteria for the new public safety building. On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from P.-4, PJlultiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. BACKGROUND The necessity for a new public safety building is a function of a lack of space and poor building conditions of the current police and fire stations. The following addresses the City of Columbia Heights Plairning Commission ,4ugust 5, 2U(~8 City of Columbia Heights Public Safety Facility Case # 2008-0801 current condition of the Police Department facility: 1. The current building is structurally and mechanically obsolete. a. The building leaks when it rains or when the air conditioning units freeze up. b. Major repairs are needed to foundation and exterior of building. c. The building has mold issues that are routinely addressed. d. The building does not create a positive environment to attract talented professionals as police officers and civilian employees. 2. Lack of detention areas a. Detained parties are currently handcuffed to a bench in the hall area outside of the squad room. This creates issues when we have multiple detained parties and/or Juveniles that should not be held in the same areas as Adults. b. Not being able to keep suspects separated can impede investigations. c. The Intoxilyzer used for testing drunk drivers is also located in this hallway. Processing of drunks in this area when other police activity is taking place becomes extremely difficult. d. At times, civilian employees need to walk through a secure area in which prisoners are present to use restroom facilities. Occasionally, these prisoners may not be handcuffed so treat testing, such as breath tests, etc. can be preformed. This could lead to dangerous situations. 3. Lack of secure garage space a. Prisoners are broiigi-it to the station for inteivie'vtiS aiiu, iii ~i~©st lases, have to be released from the secure area of a squad car out into the open before being brought into the police station. This creates an unsafe environment for the officers and the public, with the passibility of the subjects trying to escape. b. The one sally port currently in the station is also used for storage, and as the evidence processing area. This creates issues when policemen are trying to bring prisoners into the building using this garage. c. At times the police department needs to hold a vehicle as evidence to be processed when it is used in a crime or it is a reported stolen car. The station currently does not have a secure area in which to do this. Either the one stall sally port is used, or the vehicle is stored at the city garage with police line tape around it. This creates a very unsecured custody of the police evidence and Page 2 91 _~~_ .,~__ a. ,.a- c 7nno City Gf %,olui"r~uia ri~iyi~~~ rianiliiig l.rolllllllSJll)BI r-~ugua~ ~, ~~~~ City of Columbia Heights Public Safety Facility Case # 2048-0801 could be challenged in court. 4. Lack of work space a. 17 Officers share a 140 square foot squad room. b. Some officers also use the squad room as a lunchroom. c. There is only one adequate work area in the current Police Station. d. 3 Sergeants share a 75 square foot office. e. 3 Corporals share a 48 square foot farmer closet as an office. 5. Lack of storage space a. Items are stored on the floor, above shelves, and anywhere else space can be found. b. At times this is dangerous because items may become a potential weapon when suspects or detained parties are held in the area they are stored in. c. The Records Area has no storage space, and has required the police to use a holding cell for records storage. d. All hallways double as storage areas for files and cabinets. Each of these cabinets and files holds information vital to the members of the department performing their duties. e. The Captain, four Investigators, two Community Service Officers, and the Investigative Secretary share a former double garage area for storage. 6. 'There are no interview morns a. There is no office space available to take walk-in reports. b. The conference room is used as an interview room (both suspects and victims), report writing, storage area, and meeting room. c. The Police Chief's Office is used as a backup interview room. 7. Inadequate Property and Evidence area a. This area is only 125 square feet, which is less than a 1/3 of the space that is needed for the amount of property and evidence dealt with annually. The Police Department is required to keep evidence for six months after a case has been Page 3 92 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 decided by the courts. As it could take up to a year for major cases to go to court, the Police Department could have the evidence for two or more years. V. There is ~..o secure par long area. a. Police vehicles now carry very expensive equipment and weapons that could be stolen and/or vandalized in an unsecured area. 9. There is no break room. a. When Officers are on duty their lunch and break time is built into their daily shift. This means that if there is a call for help, or an in-progress call, the officer will leave their lunch or break and go to the call. It is very difficult at a restaurant to leave your lunch or break and then return to finish it. A break room would allow officers to do this, while ensuring that their food or drink have not been tampered with. 10. The current building was built prior to computerization. a. Computers are now an integral part of police work and are required to perform policing. b. All cable wires in the building are exposed and possibly not up to code. c. There is an ever-present increased risk of computer malfunction because of this. 11. Front lobby stairway is not ADA compliant a. This requires personnel to assist customers in the training roam instead of in the main lobby. b. At times people reporting crimes are interviewed in the lobby due to all other Jpal.e being used for other pulpGJCS. Vullllg these times, other t'ItiGells Vome into the police station looking for assistance. This creates a very chaotic situation, with multiple people looking for service in a very small foyer area. 12. Lack of separate restroom facilities for the public, employees, and detainees. 13. Locker Room space is not adequate a. The Police Station currently has one unisex locker room used by the 25 members of the department, both male and female. b. There is one bathroom facility in the locker room with one shower stall. c. Lockers are not adequate for the equipment officers are required to carry. Page 4 93 City of Columbia Heights Pianning Commissior~ Huy-ust o, 2vvo City of Columbia Heights Public Safety Facility Case # 2008-0801 The original Fire Station was built in 1942, with the addition of the City Hall and Police Station in 1959. Between 1977 and 1978, another addition to the Police and Fire Station wac he~ilt inrli~~tinn the Cnunril Charnhers Sinre that time. there were significant electrical/mechanical and roof upgrades to the building done in 1989, however, there has been no other significant remodeling or upgrades to the building for 18 years. The following addresses the current condition of the Fire Department facility: 1. Bays a. The floor drainage is poor due to sloping issues and drainage system inadequacies. b. The oxygen filling station and air filling stations are not in a separate room from the truck bays. c. There is not enough space for the wall gear racks to be positioned away from direct sunlight. d. The truck bays are too small. There is not enough space from the sides of the trucks to the walls. The overhead doors are 12' x 12', which is too small for the bigger trucks built today. The bay ceilings are too low. The ladder truck can only fit into one space, with 4 inches to spare, which leaves no flexibility in emergencies. The two center bays (part of 1942 station) are small and can only fit small rescue vehicles. e. The bay ventilation is poor. The truck exhaust system works, but many parts are broken and are not used. The make-up air unit only helps two bays on one end due to the layout of the bays. There is inadequate storage space for equipment and supplies. ~, 0 atr~~~ ,area a. Current living area is the truck bays of the original 1942 station. The floor is uneven, with up to a two-inch drop. b. The living area is not private or secure. Currently, other city staff regularly cuts through this area to access the Police Department or Administration areas. c. No windows create acave-like atmosphere. d. The bedrooms are too small. There are also no windows for emergency egress. Each bedroom is shared by three firefighters. The lockers are inadequate since they are used for personal storage and for individual work materials. Page 5 94 city of ~:oiurnbia Heights Manning Commission Hugust ~, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 e. The kitchen was remodeled by firefighters in 1992. The cabinetry has been delaminating and countertops are in need of replacement. The kitchen floor is very uneven due to different slab Levels from 1942. The plenum space above the living area does not meet code due to the space being used to run non-compliant wiring. g. There is only one unisex bathroom/shower for fire station. The bathroom /shower also doubles as the biological contamination cleaning area for firefighters. 3. Watch Office a. The two workstations are adequate for the on-duty crew conducting daily work. The full-time firefighters, however, need individual workstations for their projects, files and material storage. b. The watch office does not have a direct view of the outside, or four of the six apparatus bays. c. The public is brought into this room to conduct blood pressure checks. There is a need for separate, private space for blood pressure checks to meet privacy requirements. 4. Basement a. Part of the 1942 station. b. The basement is constantly wet, moldy, and unventilated. This area is used as the only on-site fitness room, and is too small to serve this purpose. c. Many of the water and sewer lines date back to 1942. These water lines are narrowing. 5. Offices a. A hallway separates the Chief and Asst. Chiefs office, which is not functional. The offices are too small, with a low ceiling in the Asst. Chief's office. The space was originally built and used as police car garages from 1959 to 1964, and converted to office space in 1964. b. The plenum space above ceiling does not meet code. This space is currently being used as storage space, and has non-compliant wiring. c. There are no windows to the exterior. d. The thermostat in Community Development office controls the HVAC system. Page 6 95 city of Columbia Heights Manning Commission yugust ti, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 e. There is inadequate office space for storage of plans, books, and manuals. f. There is inadequate space to spread out and review plans. 6. Training Room/EOC a. The training room is to small due to the surrounding being used for the storage of equipment, supplies, and files. b. The ceiling is too low, making it difficult to view the screen at the front of the room. c. Very little of the room is prepared for the use as an Emergency Operations Center. d. The roam is minimally up to modern standards far training technology. 7. General a. The entire building is not sprinkled. b. The building's fire alarm system is old and not up to code. c. There have been insect and mice problems for many years in the building. d. The number of close proximity parking spaces for firefighters answering calls is limited. The need far a new public safety building is apparent, and the City Council has hired Buetow and Associates to help design the new building. There has been much input given to Randy Engel, the Principal-in-Gharge architect with the firm, to address alC the concerns of the current public safety facility. Mr. Engel and his team have designed a building that m°etS today's gfanMlarr~l~ fnr a f~,in~tinnal and r;iyilian_frienr~ly facility, C~ifii staff alcn held a neighborhood meeting that took place on Juiy 2~, ~t~0~, to help address some concerns that neighboring property owners may have regarding this project. A common concern from the neighboring property owners is the amount of noise that will be generated from the police and ire vehicles leaving the site. The Police and Fire Departments are aware that the new building will be located in the middle of a residential area, and will do everything they can to reduce the amount of noise generated from the emergency vehicles. Because of the building's proximity to Central Avenue, and the fact that Central Avenue is one of the main arterials of the city, most of the emergency vehicle traffic will be directed to Central Avenue first, away from the residential properties to the west. COMPREHENSIVE PLAN Page 7 96 City of Coumbia i-ieights Punning Cammissiar~ HugusL o, 20v8 City of Coumbia Heights Public Safety Facility Case # 2008-0801 Promoting the health, safety and general welfare of the public is a consistent and over- arching goal of the Camprehensive Plan. By constructing a new public safety building, the city will be able to provide better and mare efficient police and fire services to Columbia 1-Icight~, Fir this reacnn tha prnrnnca6 is ~nncictant with the ~nrrtprehenSive Plan, ZONING ORDINANCE On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. The surrounding area is all residentially zoned, with Medium Density classifications to the south and east, and One and Two Family classifications to the north and west. Preliminary Plat The city has decided to plat the current property to make it easier to record the new necessary drainage and utility easements. The existing drainage and utility easements will be vacated through quitclaim deeds prior to the approval of the final plat for this project. Vacation of Jackson Street The proposal includes the vacation of the southern portion of Jackson Street that abuts the property. The purpose for the vacation of this section of right-of-way is to square off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. bite Plan /Approval Randy Engel and David Olds from Buetow and Associates spent a considerable amount of time designing a building that is both functional and aesthetically appealing. Throughout the design phase of this project, much thought was put into where the best location of the building vvould be, in relation to the existing topographic grades and the best access ±o the major thoroughfares in the city. The final design places the building on the south end of the property, adjacent to, and facing 41St Avenue. BUILDING DESIGN. The 43,000 square foot public safety building design utilizes a traditional approach, with the entire of the building constructed of brick, stone and glass. Some of the building features include arched windows, turned-down gooseneck lighting, and a bell tower. The Police Station area of the building ranges from 14 feet to 21 feet in height, while the majority of the Fire Station will be 28-32 feet in height. The bell tower is the highest portion of the building, with the edge of the masonry at 39 feet in height. PARKING. The 43,000 square foot public safety building has approximately 12,500 square feet of office space and also incorporates a 1,400 square foot Emergency Operations Center (EOC). The City Code requires one parking stall for each 300 square feet of office Page 8 97 n. ..a c ^inno ~.lty Or l.C?Il![il(~la Helt~flCS F'lcltltll(ltj l..(JI(lffI15S1UII r~uguo~ v~ ~vvu City of Columbia Heights Public Safety Facility Case # 2008-0801 space and one parking stall for every 3.5 seats in an assembly place, based on design capacity. In total, the public safety building requires 42 parking spaces for the office component and 27 parking stalls for the EOC, based on a maximum seating capacity of 94 ne~nie In t~tal_ 69 on-site oarkina stalls are required. The site design includes 113 r--r-- -- ------~ -- --- --- r---- .. ~ .. surface parking stalls with an additional enclosed parking stalls used for the emergency vehicles. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 825 - 41St Avenue has approximately 1,008 feet of street frontage along 41St and 42"d Avenues and Jackson Street, and incorporates 113 surface parking stalls. This requires twenty regular trees and six over-story trees. The proposed plans indicate a total of 79 trees, all of which are over-story trees, meeting the City's minimum requirements. One of the main efforts in the landscaping design was to place trees and shrubs in a manner that would help aesthetically and functionally screen the building from adjacent residential views. A City Code requirement is to screen the parking iot area from adjacent residential properties with a screening mechanism that provides an 80% opaque screen on a year-round basis. There are two parking areas adjacent to residential properties. The eastern property line abuts a townhouse development, however the parking lot area will site approximately 10 feet above the abutting grade. This land will be retained by a wall, which will provide the necessary screening. The western property line abuts several single-family homes. The landscape plans indicate the use of a decorative, 4-foot wrought iron fence with a mix of deciduous and coniferous trees to provide screening. However, in order to maintain 80% opacity, some of the deciduous trees will be replaced with conifers along those sections directly adjacent to the residential homes. FINDINGS OF FACT Preltmtnary tat Section 9.104 (K) of the Columbia Fleights zoning code requires that the City Council make each of the following Endings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of §9.115. Code Section 9.115 is the Subdivision Regulations. The preliminary plat application meets all the requirements outlined in this section. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed preliminary plat is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. Page 9 98 City of Columbia Heights Planning Commission Rugust ~, Lu08 City of Columbia Heights Public Safety Facility Case # 2008-0801 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The prelir;;inu y plat,'n^iudec a va~aterl Cecti~n of tl;e Jacks^.n .Ctrect right_nf .^.~ay in an attempt to promote good planning design principles. The vacation of the right-of- way will allow far larger drainage and utility easements, as well as a better site layout when the project is complete. The City Engineer has reviewed the preliminary plat and has approved the proposed easements throughout. Vacation Section 9.104 (I} of the Columbia Heights zoning code requires that the City Council make each of the following findings before vacating a street, or other public alley orright-of-way: 1. No private rights will be injured or endangered as a result of the vacation. The entire portion of the Jackson Street right-of--way to be vacated is bounded by the property located at 825 - 41 sr Avenue. The vacation of the right-of-way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. 2. The public will not suffer loss or inconvenience as a result of the vacation. The previous use of the proposed right-of-way to be vacated was as an access into the NEI School's parking lot. The proposed use of this land is also a driveway to gain entry into the public service building property. For this reason, the public will not suffer any loss or inconvenience as a result of the proposed vacation. Site Plan Approval Section 9.104 (IVI) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The site plan meets all the requirements for setbacks, on-site parking stalls, landscaping and storm water management, and conforms to all other applicable requirements of the code. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The site plan is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. 3, The site plan is consistent with any applicable area plan. Page 10 99 City of Columbia Heights Planning Commission august b, X008 City of Columbia Heights Public Safety Facility Case # 2008-0801 There is no applicable area plan for this section of the city. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity 7nr1 +h® no~hlir rinht_nf_ceoav The building and related parking lot meets all the required setbacks as established in the zoning code. Ample screening from adjacent residential views has also been incorporated to ensure that there will be no adverse impacts on the property in the immediate vicinity and public right-of--way. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The stormwater features, which include the pond, infiltration basin and trench, shall be constructed first in the grading sequence and then protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. I would recommend limiting construction site access to 41St Avenue and prohibiting construction access from Jackson off of 42nd Avenue. 4, All erosion control measures shall be installed and inspected by the Engineering department prier to any site activities beginning. 5. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sadding. F_ Catch Feagin inle$ prgtertinn ci ~rh ac \Afimrn'c rsr en,~e eit®alpnt shall be prn~tiClee~ nn 41st Avenue. 7, All slopes greater than 3:1 shall be provided erosion control blanket. 8. The type and size of riprap to be used for slope protection must be specified. ~. 3iteiCivll work shall be inspected by the City Engineering Department. 2~mhour advance notice of an inspection is required. 10. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11.An NPDES permit will be required, at the time of construction. Additional erosion Page 1 I 100 City of Columbia Heights Plarti~irjg Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the ~..F~I+.-.~+~.~.w i".~.+~., .,tl .,.,.-L..,.. I..+ ~- ..ff ~.M.~~~I~-! hr. hr~nn++l~rl (~Q C. C. nnr! 7 nh~~~IrJ unnuauvie Naane -an Na~nn~y w~ iunvi~ ~uvuw vc N~cocuicu - vu ..~, v, a~iu ~ o~wwu have sump manholes. 13. The riprap for the flared end inlet at the retention pond should be extended through the 10:1 bench area. 14. The stormwater plan does not include the property to the north - a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the NWL, the pond should be provided with a continuous perimeter fence. 16.Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18.A11 utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. Motion: That the Planning Commission recommends approval of the requested vacation of a portion of the Jackson Street right-of--way as described herein based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, inrlllrlinn° Move to waive the reading of Resolution No. 2008-PZ14, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ14, being a resolution approving a site plan for the City of Columbia Heights Public Safety Building located at 825 - 41St Avenue. Attachments • Location Map • Preliminary Plat • Site Plans • Draft Preliminary Plat Resolution Page 12 101 City or" Columbia Heights Planning Commission ~euc~us a, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 • Draft Vacation Ordinance • Site Plan Resolution • Engineering Notes Page 13 102 RESOLUTION N0.2008-182 RESOLUTION APPROVING A PRELIlVIINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC W H H KN ~\ n nrnrlncn~ ~f nccL ~Tn 7nn42_n52n11 hno KPPY'1 c11Nm1'~'~'P~ ~\1 ~'HP L 1+'ll n~1 n~l ll'Y1~ln HP1 RYl~'C •! 11LlllJt 1LIJ, U tll VtlV Jttl \ULAJV 1 •V. LVV V'-V VV 1 J IItLJ VVtrll JtlVtltl tttrtA V,' tl li, t.l L,' V1. t/VtU111V lti 11V 1~1ILJ requesting a Preliminary Plat for a parcel of land at the following location: ADDRESS: 825 -41St Avenue NE EXISTING LEGAL DESCRIPTION: Lot 1, Block 1, Northwestern 2"d Addition PROPOSED LEGAL DESCRIPTION: Columbia Heights Public Safety Center First Addition. THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on August 6, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed preliminary plat conforms to the requirements of §9.115. 2. The proposed subdivision is consistent with the Comprehensive Ptan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: The stormwater features, which include the pond, infiltration basin and trench, shall be constructed first in the grading sequence and tl--en protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. The City Engineer recommends limiting the construction site access to 4l St Avenue and prohibiting construction access from Jackson off of 42°d Avenue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 103 5. All restoration of turf areas in the Public Right-of--Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on 4l $t Avenue. 7. All slopes greater than 3:1 shall be provided erosion control blanket. 8. The type and size of riprap to be used for slope protection must be specified. 9. Site/Civil work shall be inspected by the City Engineering Department. 24-hour advance notice of an inspection is required. 10. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11. An NPDES permit will be required, at the time of construction. Additional erosion control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the infiltration basin -all parking lot runoff should be presettled - CB 5, 6, and 7 should. have sump manholes. 13. The riprap for the flared end inlet at the retention pond should be extended through the 10:1 bench area. 14. The stormwater plan does not include the property to the north - a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the N WL, the pond should be provided with a continuous perimeter fence. 16. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements far pedestrian. ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18. All utilities (water main, sanitary sewer and stone sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. Passed this 11 t'' day of August 2008 Offered by: Seconded by: Roll Call: Ayes: 104 Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 105 DRAFT ORDINANCE NO. 1552 BEING AN ORDINANCE VACATING A PORTION OF THE JACKSON STREET RIGHT-OF-WAY Thp City ~f C~`nh~mhia i-TPisrhtc rinPC nr~lain• _.__ ~._~ ~. _ ..._...~--- ----a.._.. _~_ .. ...........~ Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Jackson Street N.E., lying within the plat of NORTHV~ESTERN 2ND ADDITION, Anoka County, Minnesota, which lies southerly of the following described line: Commencing at the southwest corner of Lot 1, Block 1, Northwestern 2°d Addition, Anoka County, Minnesota; thence North 00 degrees 02 minutes 27 seconds East, along the Westerly line of said Lot I, a distance of 359.87 feet; thence South 89 degrees 36 minutes 35 seconds East, along the Northerly line of said Lot 1, a distance of 129.01 feet to the westerly right of way line of Jackson Street N.E., and the point of beginning of the line to be described; thence continuing South 89 degrees 36 minutes 35 seconds East a distance of 60.00 feet to the easterly right of way line of said Jackson Street N.E. and there terminating. Section 2: The vacation. of the right-of--way described above shall be subject to the following condition: [None at this point] Section 3: This ordinance shall be in full farce and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk/Council Secretary 106 PRELIMINARY PLAT OF COLUMBIA HEIGHTS I'EIBEIC SAFETY CENTER. FIRST ADDITION TTATmV lfYATATLY[eliTA CITY Or' CuiuiviBiA riEiUriT"a, AiVVril~ %vuivAA, iviuv>v>GavAn I _ ~ _ _v fWBt6 X11 ~s%' spugxl tcvpfxcE M^~' I~x an waGV~Bee wus 4w~ F-,-P~- ~~ ro ( ~ 1 '` ' ~ -xr`t~--- ~ i! .s-.- u ~ ~1~-~ ; .. _ I roM.EExr aam I ~,~ NAM A,~~ IAT 3 nttw N w~ st~m At NE ~" I rv=neA L ( ~ NEW TO THE NORiH FROM IHE PROPOSED _ _ _ _ _ COWMGIA HEIGHR 6AFElY CENTER SIiE I 6ifL:~ r§ ~ '~ r'y"ra" VIEW RT 1NE WiSi FfEOM THE PROPOSED CDWMBIA HECHTS SAFEtt CENTER 5iE EASEMENTS ?0 BE VACATED g Yo ~`t6s c.w t.. NEW TO THE EAST iROM THE PROPOSED COLUMBIA HpCNTS SAFEIV CENIEA SIZE All of Inc Deolnoge mtl ULNty Epxmenta Mn9 wllMn Lnl 1, Block 1, and Oullo4 E of Nmlhwrotern 2nd Addition, Anoka County, Minneeatp, m dedkp(ed on Ma plot of mtl Narthwestem 2M Adtll7ion; Aft Throe pmtrone a( the Crokage Easement tlescrlb¢d in O¢cloraticn pf Eaemente Document Ne. t3594e1, sc6pn gp}, aecnbea pa rwlpws A 10 fool wide sfnp pi Iond ow, under ontl ovoee Lot 1, Blapk 1, NORIHWESIERN 2ND ADOIRON, the centerline pf eokl ememenl M drocrPoetl w lollpxs: Cammenc'mg pt the klennctlon of Ne apulh Ilne oT 42nd Avewe Northepsf pnd the epo: "nc el 1s:sn SEr:et u-...EA.ese. beL,g p nmlhxeet comer of wW Lot T', thence m pn oawmed beoBPy of $a+M 06 dxJtts C2 minute DJ arondn Weat olmg soitl coat Ime pl Jocksm Street 28741 leaf: Nlence Spulh J7 tlegrero JO mmutn 11 seconds Emt fiB.BO tact Ip the poM[ of begkning of sold cenlMMe to be described; Ihenae Swlh BI degrees 44 mMUles 47 saontla East 129,24 feel (hence Seulh 21 Mgrae 41 mMules 2! eecolMS Eml 65.OB teal end there tMminptMg la¢Ner wish !hot pmt of Lot i, Block i, Ndt1HWE5TEAN 2ND ADOI110N tlexrbed m 1aMOwa: Commencing p( tM erulheml tourer of said lot 1; Hence on m mwmed bemkg o! North OD degreea 27 miwtro 29 aecontle Eal dpng the amt IMe of wid Lot 1 a dlaiona of 211]0 teal to the point o! beginning wl aoitl eaemenl to by deaarbe$ thence nnliwing oip~ said coal Ilne 60.49 feet: (hence South 62 degrees 1J minute u mcontle Wee! 7755 feel, theta 6oufh 70 degrcea 21 mFUtes D2 seconds Eoet 72.42 fat to the polo! of beginning. N07E: tiff EgSiiNG LOi PERIME7EA EASEMENR WiMIN LO7 I AND WROT E WLL BE REPLACED BY NE1N.Y OEOIGim EASEMENI3 ON 1HE PAa65m PLAT, SOME OF WHICH YAIL ~ WOEA. KEMPER & ASSOCIATES INC. 721 DLO HIGHWAY 8 N.W. NEW BRIGNRIN, MINNESOTA 55112 651-BJ1-0751 FA% 651-671-8805 CERTIFICATE OF SURVEY ~...- ~ mtt pawn ('wu~iwu2 m~A~W 1 Z W CC u mw B z~ ,»~Em~N~ 0 til xn MmweE > f~!7 "f aces Ew aAma~. ~~ ~~~pE»nwA ~ w - ~ R U ~ ~uFapael saw ~,g p xfr ( w N-ss e ~ .- ~ 1s~wun~xc ARN~,---- - ----.gM~e~ _ - - ~Ae r:.- ~a j~ b p------ Mv~ (-e 9(p- wV Bi9.eM MV 9N ~ 5 FW EIEt'wilW. E-~i ~ A pp~pj Pfla05m 9iE Fqt Cltt DF CCIJFIBIA HEIQITS ~ re wxEwous ~ ~ -: e „¢tt ~:'E° ~µ w~'r~ uo IA ~~7. a qp=. Mv, e e~n* i W,,. w°v~is~ - .~~'~_A__~w,A~ ^~n " ~ ""~ w~ EIEV. u.u; wcw v1 smw~sEkA e`d wv E-~ MxA :p' MAnx~ Ir vv csrtEw m1EMU-1 Ewr 1-~ A V p w 4Ap.'r ry ". h ww . ~ . . x18' ` n ~~ dA ~ 5 I,ECAL DESCRIPTION Iw. 9~ .ato a ° g~l , p a g ~.I ~ °u' 6 '' ~ 3'~~ K PORiIGN NF WARRANTY NEED N17C. ND. 1898698 q~ J I v ' I I~~I ~ e i E { ceA^°fl 3 I w E~ dtj I v k~. ~ ~mw ww' L0~ t.~`' Lw«a wD io Imewre ad d pmN a reoi` ac¢~ACd cw~ty'o g tro, ~jjII y tI ... ...--., ~.._..=e1=„w .,~ _ - ~ um ~ ..rn'I ~~t, LWAp"" I Mmnrowp m~ ui ~" ~- "°~' "E~~~"~i `Na. N0. lssueq i \\~~. ~ Rx ~ i 1~d II yl ,g re ap%w wA,w mjd ~usEUUa vet p ',T~ I @x. xo. Ixuaq ~~ I My e~nm -~T J -~ I Ctaum~e I rsm9.r 6 mp') I ~~~ ~~ ~ ~ ~~p_ ,p„ryw.peAAea tl ~ w aav -~-.~~ w WYN~ I -.,, RY Ie I 1 L__J ~ G.fR witm f hA EAa6ENT Ipaukw'r m Issue) E ~6 91 xp~: scAm t relm EASgw* pWA wnas f rye[ w tssuetl • tuv ~v C1Et 2 M a~~'~ J ~ M'J~ ~ tofe A c / a~7 ~6imi il°~srA~xs. ~ / ~n-r1 .._ _ _ _ _ / ~1 ~~WWnp IEM1546 ----- ~~ prm nna / 7 I ~ ~ I ~TStssA~= u1 _----- ~ AREA SUMMARY E%ISRNG PROPERTY PREA (LOi I. BLOCN 1 PND CI11L07 E, NgtiHNESTERN 2N0 AOgOgA) 21(,8]3 50. FT. a S.GOP ALR6 Na ~ epneNbVa,%deff ~Rprc ~e7m1aB+E ObBME. PRaOSm LOT 1, SLOgf I = RI1,B]3 S0. Fi. a SG011 ACRES NOTE: SUBJECT PROPERtt IS CURRENTLY 20NFD A-4 - MIARPIE FAMILY AE~ENRAL DISTRICT LEGEND --Bps- EtlatK [W1oA llxE • S EYmW Pm klEVAnM mMp wnNn sru wAwpc anw 0 smal ar•.x Mw«oE sM Q same YYMEac o B~ ~ pw,re Rw9x M 4 RY NBtM/N1 NA1 • ~ VN.~ ff VK1C Ip1 1 urem ~ (eaaeq® I~~pj~ rea PM~Pp~ M B MaTPw, ~ Q bIY p¢E m ~ RtEMAk Po3A rvp GxErvmsrc ~i eECmr m,wsEBa.x a w wM aP Ek ® Hamc 1~ OA ® CAS IFiE -r- wet Y.w/xeu¢ -c- pas .wpxmwa TES d1fl,5px IY1 caurtz a~ pFxpl6 #CBPB !RI ~wrmaulifi+s w ~A~m YSBffFA 1NpT YuMai s~A rent rw M saMES mwalm m BE r. crwunre h R mMew eUw*s P~ 1~Wl~Sf xEA~SM n x.E yq Wpl AM:. x[ fWl BaFMPp uN+s AW Eaepi IOGnWa mG1'E m:%Ar YN~ ~A'M~E ttl~trl tWplRFA'B NOTE THE PNa05E0 P1I811C S,ISEiY CENTER BUILDING, AND PRaO5E0 PMiI(INC LOTS AND aIYEWAYS 410WN HEREON A$ PF SITE PUN BY URS(N ENGNEERING, INC. Fqt PROP05E0 URUtt PND GRADING OE7NL5 SEE OTHER ENCINEpiiNG PLANS. lawn uES WiHIN FLDW zwE'r MNLNAL FLOCOINGJ ACCgidNG i0 1L EAFRC{NCY MANAGEMENT AGENCY RANGE AA1E MAP COIAMIINItt PANEL 0016-0005 B. DAIEO SEPTEMBER 2B. a COLIARIA HEIGHTS, MNNESOTA NOTE: U11U725 SHOWN AS PEA RELD MEASUREMENTS 70 ABDN£ PAWNO FEAN~S AND AVNLABIE URUtt PLANS ALL UNa.Rgtg1N0 URUTY LOCARIXJS TO ~ VERIFlED 1NADUGH GIXiIER S7AiE ~-CALL E%GAMAiIaI OA }CONSIAUC1iIXJY PREPARED FGA: Citt OF Cp.ULIBA HpGHTS c/o EAR 'CDC' SMI1H, P.E EO$ 404A 57. aq% 1RML NORTH UNEUND, MINNESOTA 55047 651-43fi-2426 FAX 651-436-7918 fl: /f5 aDlettlli MAGEH2 nix nn:sa 51. uE. Pest apcx nn.a+e.x w i ~ L6~ Av- xpAE iO"" . _ _ A ~ ~µ ~ ~ ~~ 'prI- BB AFSxwx ~ NIW /wtYSW Si. RE w~ Pest P-gR q£v.alel g ~ b 11A ~x~ ~ ~x1n LOT 2'+,~. to-mM~ tarts x ( ewK t ~ ~ ~y~ a~" sR F p ~ ~~H -{ `tl f AEG x uttNl MNw9F ~ WA Nr]e NE. H03W PmT ftfv.~n1A B1 ~ n a~MC ~ E MBR FLLV •e16 F 939'02' 729.07 (M x 6q'. i - . ~ ' n+it o~ s~t'~em R~ 6t,,.eeRa TAT A~ so-mlf-ono RwwFM. FMte WEV - . H1IB~pwir ski xEm i FlIroA FtLV.-ef ~~ e' I L6T 79 _ ._,~ m FA1. µ1o d~ n x E Pm nn.es:~my LOT 18 ~'~e~pi Mcv. Mc iDi I I 1 ( l I t Y I __----~ I 1 STtfi4M SEWER (yC8-2 `. U GCB-1 RIM 918.73 ~.U..J RIM 91657 INV N 914.8 INY N A14.3 INV E-W 913.7 INY W 414.3 V a s 4 e 4< 9 e...Q ~F SIDEWALK. 4 9 'I I I A :..{ I I ~ I I I F4 9t u. v¢ 8;.~ C C ~ Q a Jw Wa o c a~ u ~M ~~ Q, d{p„a F r ;wwLL ~L~_ U~~ Wap m<"~ Mar 2tmoB ~o ®U5 s C S m e 6 WNi II z E ~' o~Il~ Foo; ,IUCu 0~ f W D 112086050 I I -__-________ I DEMOLITION NOTES ' __~ i I I ~ ' 1. VEARY FLEElJSnNG ViftItt LCrAnWG. I I I I E. li I6 THE RfGPWSIBILIN Df iNE CCNIAACTDA TOPERFORM OR COORdfUrt AIL NECESSARY llnlltt ~IADLnW6 PAN RELaAnONS FROM E%wnNG UnUttLOCanON6 TO THE PROPOSED BUILdNG, fS tM1CLL M iDMt CNGMf AMENRIES. I iHESECWNECn0N5 B1CLUDE BUTPRE NDi LRtl1FA t0 I I ~ I ELECRUCASIIE UGHnIJDRETC.LE N.iELEPHddE, GA6. --- I I 3. PRt0RN8EGNNIIIG WORK.CONTACTGOPNER 6TAIE D:JE - - ~~ - - ~- - _ -- - - I I CALL(851aE9 E0011 TD LOCATE UnllnES tNRWGFKK1i n1E I ARFA UNDER CGIJSniULiION. T1¢LDNRNCTDft 6NPLL RETAINiHE 6ERNGES OFPRIVATE U1LLItY LOCAiOP, i0 I m:ATE TIE PRIVATE UTILITIES. ,\ I I I ~ ~~ I 9. GAWCJTALQiG EDGES GF PAVEMENR.SIDEWALKS, AND I I ( ~ ~ CURBS iHPt ARE T00.EMAIN. ~''! S SEE PROJECT 6PEGFICanGN6 FDA PNAGRIGAM GCHEWLING. V~ I .. '. ~ . I ..... .. -. ....S~N\ E .. . ~ . .. '..: ..:.::y I' .. iNY 5899.8 SEWER _.T . :. ..~ RIM 9,9689 ...' ~.. ~ _ _ ...' (NV~E, 849.8 PoN 9T2~O9 :'. A I V SY! 961 5 - ': : ::.. . ~: ' . I STMH-2 ', _'STMN. ~ . s ~ I ' A~iV S~ 897.5: ..'.: ~. .:.. ~ . ~...~ .. .... RIM 909.9Z.~ B @IV W'.8983 ._.. '. 9+VE 9085.s R'1YN:8961 ~ 1Y TfEEI. DEMOLITION KEY NOTES r Qfi {~ ;, ., ;8 ., ~' ND d6P05E Of E%ISPNG TREE 5ILVAP, AND ALL ::;:L..-~-.. t I ..."`..".°W ! t .. 1 STORM:.. ~ ' ~ '~ ': ..~~~ 8 b ~, .".:..: ~ :~ " ~~~ „:,~ O'. DEMOLISH ANDDISPDSE OFE%ISTwG LPNDGCAPING ':, ::.. .. : ~:.: .:: ~ :.': ' : MAtERIALG. ~,~ ~3 DEMGLI6H MlDDI6PO5E OF ExIGTNG BItIWMWGAND BASF AGGREGATE. FECWM. PS NEEDED. FOR USE IN NEW BASE : AGGREGATE SECTION, .. .. R .~ ~~ '.. .. A BASE . S CB-g. Oq DEMOLISMAND d5PO6E CF E%ISiINO CONLREIE ND ': , : a ~ '., .. ; ':. RIM 964.50' : ':: PGGREGPr, "" ":. ~ ~ ~ INY E 69A.2 ,, '. .,. ~ ~~ OB REMWEPND DISPOSE DF EA6nNG SEN&R STRUCTLPES FND _. 12 RCP ~. ..:. ... ~ MY N 848.7 ~:: PIPEs ., .... ., .. 6 ~ ..:.. :.:' :.... ~ ~R .'.... EzISnNGwaTERMAw MIo © REMOVE AND dSPoSEW ~.., .'.~ ~~., 66-6 ~ .' : ... AGSOCIAIEDSiAUCiURE+. RINV 905.114 's ~ ~ ': Si ~7~___~ ' ~{ ~ REMOVfArrodsrosECF ExtsnrvGRETAININGwML NtTH E I i '~' ~~~ ~ B fENLE. I ...: ~ ~ " G6-7 08 REMOVE ANDDIBP~EDF MIBCEWNEWSSITE FEATURE. .t O,_ ~ ~~ .- ., ~~~ : ~:~ ~ -~~ ~ "~~" ~ ~ ~ 96372 : ~~~ ~'~ 9 SEE ELELIAICAL FOR ELECNtICM pEMOLInDN. .~' _. .... INV: S.900.E :. :_.. O ':, INV W 900:8 { O GPoNOE%ISnNG STRIPING. R I :~:, ~~,~ tOi REMOVE ANDSALVAGE FLAGPOLE, ':. AB IO P ~ C ~~ ------ ~ I ~~ r ~I3 3II {I, I' ( ~~ '1i\ ~\`` \,\ ~ ~I +f e 9 a30 GL 1 I f -_.- { ' ------ {~{ it ~ i { Ii { ~~~~~ ~ { ~~ (I { ~' I~~ { ( ~-~--- i '; { ° ~i ------ ~ , ~~rL { I , s~O.n ct ~1 931w 4 1 Sit 6 9 9096TtLf TLi ~9b~~~ AEiENibrv POND 0 Bi169@ 0 M51,=AOB.U ML1~5010 l ' ... .I,. I. ., C 913658 X01 913%OL// - T"'""i a~tiu 4o~ae ew s I { ~, ~ i { { BICAETENiIONi ~ EiE6991,D NWt=405.9 /~ 2.'"T.V ~ 5i 4P TG` BW ~ 93 b6Gt I 0 ~~\ 1 9nnm dj FONRE F PROPOSED BUILD6NG MAIN LEVEL ELEV = 922.30 LONlER tEVEL ELEV = 908.30 ~ auwro {..,, { 931,66 B i ~A51C 522fd iC {; 1558 ~ 921SSBIC ~. ~ 931.M iC 9E n ~ f L' '93D 94CIP' 92 GF .-. ~~~~~~~ _~~ 9 O.il C 930,66 C' X~ rv 910.46 L' 92614 C' 19910 931 196E 1 916.1SiC /./ 562 CL 1`x ~ { a I { 916 STC et]JiW 915956E 40i 9BW ~11 -~\ ~~ _ 1 r-- `` ~ 9'6] TL 1 4~OS i j 91'6 W 9951 a\ \ ~ 9 )1W ~ 9o>aew ~ NG \ ~_ *~ 92491W ~' I { 9GJ.9BW { 919,!5 TL f 410350. BtlJ.O EW ~-' `v~ ~ii 9360 iW 910.6'oW -D! i __ ,w l"4iw i, 9130 eW \\ { { i 930D1W \~~ 418.0 BW ~ { 923.30 FF2. 93ii0C i ~ I 9if5JTL ~ 93i.10C SYL1U 83104 G1 3190E i ~ ~ 1 i ~~ ~~ { ~~ ~; ~ (3f~a~i ~T~$ 1 19eNvetlons Wn an ll sl%beiW re ked.llele+slim~ara/ugrifcan9V. nrmylMEn9vwn AxIWbtt En¢wibn. 1 GodesaMvm'm Pored alew mgeuMfnieA etaMevi. 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M1~_ a0. ~ + R e nSnYEASm ' ~a~ ~ ~ ~ ~y ~ ~~~C~ B .., man y ~S x m s>mY ~. , ~ EBSnxG elraYUl'ms oAANNe fnt ne f p6,k~ . w /~ •{ Pu 4ua, SIDE ~ ,01StA ~p+,T9 EDA v F J ~ OF C N01... ~S VIII ~~Frv~~.~ ~ v f ~ _ ,„, ,r , . e~~ ~E xA ... . ,Mal ~ /o~ # ~ dzl ~ t~~' a ~ ~ ~ 5A«m> ^ ~ ~a s~ ..r5" xrw ,. ~:. § ~A 11. 115 ~;(~Ll1M~3IA 1~I(GH'i'~ C;I'~'Y CCDl1PIS;1L I.E:'1'"1'~-+.'R Meeting of: August 11, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL N(~: ITEM: 1st Reading of Ordinance 1553, being a BY: Jeff Sargent, City Planner BY: e~~`` ~ Zoning Amendment as it relates to Dynamic DATE: August 7, 2008 °` "-' LED Signage. BACKGROUND: At this time, staff recommends amending the sign code in order to address and control LED and dynamic Signage, in an effort to both stimulate and promote the economic vitality of the city, while ensuring that the signage is not obtrusive, distractive or incompatible with the overall character of the commercial districts throughout the city. In summary, the proposed ordinance accomplishes the following: Allows for Dynamic LED signage in all zoning districts with a Conditional Use Permit. Only religious and education institutions may utilize dynamic LED signage in residentially zoned districts. 2. Prohibits animation, scrolling, flashing, and. blinking and videos on dynamic LED signs. 3. Messages may change no more frequently that once every 10 minutes in commercially or industrially zoned districts, and no more than once every 30 minutes in residentially zoned district. 4. Dynamic LED signs may only be used in conjunction with a monument sign. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing far the request on August 6, 2008. They voted to recommend City Council approval of the zoning amendment relating to dynamic LED signage, with a 3-2 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1553, being ample copies available to the public. Move to set the second reading of Ordinance No. l 553, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Or°dirrance 1553 (1'" Readn~ Format), P+Z Re ort COUNCIL ACTION 116 DRAFT ORDINANCE NO. 1553 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.103 DEFINITIONS. Far the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, UIr7VA1KL~C LE[). Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect .~., °^* ^^~'~°r illumination, ~ ^'~~~~~~° ^~ ~"~~m~~^*°a SIGN, V BLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) minutes for commercial and industrial ~ro~erties located in the LB, GB, CBD, I-1 and I-2 zoning dnstrYCts and a dyna;nnc LED s.gn that changes its message more frequently than once every thirty (30) minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R-3, R-4 and LB zoning districts. Chapter 9, Article I, Section 9. l 06 (P)(6) of the Columbia Heights City Code, is proposed to 1nr,li2dP the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. 117 (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign, design preserves and maintains the community's unique hiStnrical and cultural element. Withnut restrictinu nr limitinu the ¢enerality of -~ - --- - ---- --- ------- ---------- ------- -----------a -- ----------a ---- a----------~ -- the provisions ofthe foregoing, the following signs are specifically prohibited: (a-p) [SECTIONS TO REMAIN UNCHANGED] (q) Variable electronic message signs. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8} Dynamic LED signage. (a) Regulations Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used, Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move mtore often than ouGe eve.•=y teu (i0) minutes fu'r comir~erciai ri'r industrial uses, and nu More than once every thirty (30) minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequen±ly as once every ±en (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any 118 special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages disolaved must he complete in O D 1 J 1 themselves, without continuation in content to the nett image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to section 9.105 (E). Chapter 9, Article I, Section 9.106 (P)(8) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (i~) Sigii i"egZiiCitiviis. {-$-}(9) Signs in Residential Dist>"icts R-1, R-2A, and R-2B. (a) [SECTION TO REMAIN UNCHANGED] (b) l~ectri~ti~yic ~h ~G'Pmi~~d c~~s~g, Permitted S?gns In tl~e T2_I Cingle_ Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: I , [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3e [SECTION TO REMAIN UNCHANGED] 119 4e [SECTION TO REMAIN UNCHANGED] (c} Conditional Use signs. In the R-1, R-2A and R-ZB Districts, the followings suns shall require a Conditional Use Permit: institution. institution. 1. A Dynamic LED Sign used in conjunction with a religious 2. A Dynamic LED Sign used in conjunction with an educational (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (I~ of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1} message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(9) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (~i10) S'i~ns in Residential Districts R-3 and R-=l. (a} [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4, [SECTION TO REMAIN UNCHANGED] 120 (c} Conditional Use signs. In the R-3 and R-4 Districts, the followings signs shall require a Conditional Use Permit: institution. institution. 1. A Dvnamic LED Sign used in coniunction with a religious 2. A Dynamic LED Sign used in conjunction with an educational (d} Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H} of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.lOli (P)(S) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(10) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. {-1-8-}(11) Signs in LB, Limited Business District. (a) (SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3, [SECTION TO REIv1AIN UNCi-IANG_F.D] (c) Conditional Use signs. In the LB District, the followings signs shall require a Conditional Use Permit: business. 1. A Dynamic LED Sign used in conjunction with a commercial 121 institution. institution. 2. A Dynamic LED Sign used in conjunction with a religious 3. A Dynamic LED Sign used in coniunction with an educational (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(S) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106 (P)(Il) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P j Sign regulations. {~-}(12) SiQtas in C~~'~D, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: [SECTION TO REMAIN UNCHANGED] ? J ~ ii r 1 L ' T „ 1 L-~I t~ ~ ~ ##j ~~~ r~~~t~~'r~ ~ . F7~ jr~~ ~ 9 LTJ L £'T Fi2g~ i7~ ~} ~ ~j ~j' Y) s T ~ • 1 ~ ~ b J 122 ., ~2. ''n ~^^* ~°*"^^'- ^^~~^*'~° ~~^°* ^^° One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 4-:3. Any ~y-1•e~-er monument sign must be a minimum of five feet from any building or structure on the same lot. ~:4. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. ~5. One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. ~6. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. ~9. One wall sign per building with an are of the lesser of 20 square feet or '/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said. public entrance and sign faces a parking facility designated by the city as approved public parking, (bj Kestrictions on permitted signs. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] „> > ~~ The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. [SECTION TO REMAIN UNCHA_NCED] (c) Conditional Use signs. In the CBD District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. 123 (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (~ of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1} message for each ten (10} minutes of display time. Chapter 9, Article I, Section 9.tOb (P)(12) of the Columbia Heights City Code, is proposed. to include the following additions and deletions: 9.106 CGEI~IERAI.~ DEV~1,()PIVIEIV"1' S`1'ANDAl21)S. (P) Sign regulations. (-~-?}(13) Signs in GB, General Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District are subject to the following restrictions: I . [SECTION TO REMAIN tJNCHANGF,D] 2. [SECTION TO REMAIN UNCHANGED] ~. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN t1NCHANGED] (a:) aronilitiPiical Use signs. )in the CB Distr iit, the ~vliowings signs Shali require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional TTge Permit in the f'B, Ceneral Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H} of the zoning code. 124 2. All signage must meet the requirements far Dynamic LED signs, as outlined in section 9.106 (P}(8} of this ordinance. 3. Dvnamic LED Sims may change its message with a freauency of no less than one (1) message for each ten (10) minutes of display time. f Chapter 9, Article I, Section 9.106 (P)(13) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. Fl 3}(14} Signs in I-1 una' I-2 Industrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted. signs in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the I-1 and I-2 Industrial Districts, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Suns Signs requiring a Conditional Use Permit in the I-l, Light Industrial District4 and the I-2, General a a..;,, a i. a s a t v a a indu3611a1 D~strYci, ar a ~iIIujea.i ~tL a.he if-lla?rwang r esaric~ioui: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (II) of the zoning code. 2. Ali signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)($} of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. 125 Chapter 9, Article I, Section 9.106 (P}(14) of the Columbia Heights City Code, is proposed to include the following additions and deletions: 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. 04}(16) Signs for nonconforming residential uses. Sign number and area for residential. uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. Chapter 9, Article 1, Section 9.106 (P)(15} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) J'ign regulations. (15) Signs in the PO, Public and Open Space District (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to ezceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign. may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not ezceed forty (40) square feet in area,_ and shall be located no closer than five (5) feet from anv prope ~ linc. ` . 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not ezceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not ezceed two square feet for each front foot of building or structure. 126 2. The maximum height of a monument sign shall not exceed eight (8) feet in height. 3. The sign number and area permitted by this section are considered mazimum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non-transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d} Restrictions on Conditioned Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (I~ of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8} of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no Less than one (1) message for each thirty (30) minutes of display time. (-~j(1'7} Minimum yard requirements freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon. sign is eight feet or more above grade, the leading edge of the sign. may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area re~u~red for traffic v.s.b.l.ty by tl..s d.v.s.on. 127 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 128 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0802 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION On multiple occasions, business owners wishing to incorporate LED and dynamic signage to promote their business have approached the City asking for permission to incorporate this type of signage into their building. The current Sign Code and Design Guidelines specifically prohibit the use of variable electronic message signs, and a code amendment would be required before these businesses could be allowed to use this signage. Much research on dynamic signage has been done, as many other cities have recently amended their ordinance to regulate electronic signs throughout their respective cities. The following report includes the City of Columbia Heights' standards regarding dynamic signage, the different types of dynamic signs available. At this tune, staff rer_.nr~amend~ amending the sign code in order $n acldreSS and control LED and dynamic signage, in ari effori to both siirritaiate acid pro~riote the eco~ioi~iic vitality of the city, while ensuring that the signage is not obtrusive, distractive or incompatible with the overall character of the commercial districts throughout the city. WHAT IS LED SIGNAGE AND DYNAMIC SIGNAGE? "LFD" stands for Light Emitting Diode, and is the industry-standard way of describing a changeable electronic sign. Per a study conducted by SRF Consulting Group, Inc. for the City of Minnetonka, a definition of Dynamic Signage was given as: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or City of Columbia Heights Planning Commission Rugust 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 change is in the display, the sign structure itself, or any other component of the sign. Thic ir~rl~irioc ~ rJicr~l~~i th~4 innnrnnr~toc ~ ~6nhrtiAlAirll nr ma~hr.iJ nll~~~iiniv ~1~~ c~inri fnn~ tr. ~ ~nJ IIIVINU\..J a uwN~uy u~ut nit,,viNv~awa c7 ic~.unvwyy vi ~ncuivu auvvvu~y u~c oiyn ia~.c w change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Examples of such signage include Electronic Changeable Copy signs, Electronic Graphic Display signs, Video Display signs, and Time and Temperature signs. Figure 1 is an example of some proposed sign standards used by the City of Bloomington, and shows the difference between the above-listed signs. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. ZONING ORDINANCE Section 9.106 (P)(6)(e - f), Prohibited Signs, lists "an animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof' and "a flashing sign, including indoor flashing, electronic signs visible from the public right-of-way, other than time and temperature signs limited to such time and temperature information", as specifically prohibited in the City of Columbia Heights. The VeVlgn GlAldellnes Jtate, "Veal fable eleVtl ontV ~I IeJJage J~gnJ c~. re not per,°iiiiied, vv~ith tlit~. exception of existing timeitemperature signs''. The zoning code and Design Guidelines would have to be amended to help regulate the use of dynamic signage throughout the city. FINDINGS OF FACT Section 9.104 (F} of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing Page 2 130 City of Columbia rieights Planning Commission i~eugust e, 2008 City of Columbia Heights, LED signage Case # 2008-0802 viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to arlvarti.cP their h-~.cina.cc in an affiniant and aa.cthatin mannar 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all business owners throughout the city and not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION if the City Council chooses to allow all or certain types of dynamic signs, Staff recommends that regulations be imposed on such signage. Recommended Regulations Include: • Allowing such signs only in the CBD, GB, MXD, and PO Districts. dllo:".ing high schools and religious institutions the use of such signs, regardless of the zoning district they are located in. • Prohibiting motion, animation and video electronic signs. • Restricting the time duration of message changing to no less than once every 10 minutes in non-residential zones and no less than once 30 minutes in residential zones. - Allowing electronic signs only as a component of a monument sign. ® Limiting the electronic signs to occupy no more than 50% of a monument sign. • Requiring an automatic dimmer control. • Requiring electronic signs to be no less than 35 feet from other electronic signs. If the City Council chooses to prohibit electronic and dynamic signs, Staff recommends that the current City Cade be amended in order to clarify that these types of signs are indeed Page 3 131 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 prohibited. A definition of electronic and/or dynamic sign should be added to the Code with specific references made to them in the text. However, staff also recommends that gas station price signs be exempt, and electronic signs may be allowed to display gas prices ..nl.. cui+h nn limi+n+inn $n +ho n~ ~mhor of +imoc r'li ~rinn +ho r1w in ceihi~h tho nrirc mw (1C v~ny, vviu~ uv uienaauvn w u~~ ~~u~iwa..~ a+~ an~n.u uu~uiy uw uuy n~ vr~nvu ai~~. N~ivv ~~~uy .... changed. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments Draft zoning ordinance Figure 1 Page 4 132 COLUlOrJ[]I~IA IIEIGIIT~ CITE' C:O~INCIL LjN.'!'"1'ER Meetin of: Au ust 11, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL nrn ITEM: 1st Reading of Ordinance 1554 being a BY: Jeff Sargent City Planner BY: ,~~ ` rf ~ Zoning Amendment as it Relates Garage Sales. DATE: August 7, 2008 .~ ~ BACKGROUND: The City of Columbia Heights has received some concerns regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. At this time, staff recommends amending the zoning code to allow far no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted to recommend City Council approval of the zoning amendment relating to garage sales, with a 3-2 vote. RECOIVIlVIENDED MOTION: Move to waive the reading of Ordinance No. 1554, being ample copies available to the public. Move to set the second reading of Ordinance No. 1554, for Monday. August 25, 2008, at approximately "7:00 p.m. in the City Council Chambers, Attachments: Draft Ordinance 155=1 (1'" Readin Format), P+L Re o~^t COUNCIL ACTION 133 DRAFT ORDINANCE NO. 1554 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GARAGE SALES IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (G)(1) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G} Tenzporarv uses and structures. The following temporary uses and structures shall be permitted in alt zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to ~ *^~~'~~~-'~ no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to ezceed three (3) consecutive days at any residential location. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered b_y: JeCollded by. Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 134 CITY OF COLUMBIA HEIGHTS PLANNING REPORT r-~noc nn innQCO. ~nn4 nQn~ l.i/'1J L. IV VIVIULI\. GVVV'V VV~.J DATE: August 6, 2408 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Garage Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City of Columbia Heights has received some concerns regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location", Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. An article has recently been written in the paper (attached}, listing the number of garage sale events allowed in some cities. Staff conducted some research and found regulations far other cities not mentioned in the article. They are: i . Edina: i per year 2. Minneapolis: 2 per year 3. Maplewood: 2 per year 4. St. Louis Park: 2 per year 5. Richfield: 3 per year ~ t\ `.r I-1 °2 nor ar®7r V. I ~eYV 1 lope. V '.,VI y..ul 7. IVlaple Grove: 4 per year 8. Bloomington: 4 per year 9. Crystal: 4 per year At this time, staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale iiot to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. 135 City of Columbia Heights Planning Commission August 6, 2408 City of Columbia Heights, Garage Sales Case # 2dd8-d8d3 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family 4.n nFnnL n +4.n ni~..~n nor n+ n r.4 Qai nrvannrlinn ~hn ~nninn nrrainnnno ~n i wuSing aw~.n as a is coiiuiiu~ city a au oiigc~i aSSc~. vy ai i ici gun ~y a ~c w~ ui iy v~ von ia~ ~~..c w allow no more than two garage sales per property per calendar year, the city would be allowing activities normally conducted in residential neighborhoods, while ensuring that residents do not turn garage sale events into commercial activities. The ordinance change would also preserve the housing stock by making sure that neighborhoods remain uncluttered with constant garage sale traffic. ZONING ORDINANCE The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. The proposed change would restrict the number of garage sales per calendar year to two. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single-family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city and would ensure that aI.LIVlLles l.olldl.ll,LCd In rest 1:.,f ~ h.. 4, .a 4A..n.. 1. denual i/eighuvrnov^uS are ulv~c nvrlilally' vund %n Sum ~ zoning districts. The amendment would also ensure that properties would not be able to turn garage sale events into commercially related activities. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such Page 2 136 City of Columbia Heights Planning Cammissian August b, 2008 City of Columbia Heights, Garage Sales Case # 2008-0803 property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easierway to measure the number of garage sates conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. IVlotion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment, requiring that no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) CviiSecutive days. Attachments • Draft zoning ordinance • Garage Sale Article Page 3 137 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Au ust 11, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1555, being a BY: Jeff Sargent, City Planner BY:: .~d '~ ~ Zoning Amendment as it Relates to Real Estate DATE: August 7, 2008 ! j ~-" Signs. BACKGROUND: The City of Columbia Heights has received some concerns regarding the number and size of residentia] rea] estate signs allowed in the City, Staff conducted a survey of the sizes of various real estate signs used by different real estate companies. The sizes of signs ranged from 6 square feet to 14 square feet, depending on the company. Two sections of the sign code currently address real estate signage. Staff feels that these two sections need clarification as to the types of signs allowed, the number of signs allowed, and for what zoning districts they apply. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining the sign code in relation to commercial and industrial real estate signage. RECOIVI`~NDATIOlV: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted unanimously to recommend City Counci] approval of the zoning amendment re]ating to real estate signs, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1555, being ample copies available to the public. Move to set the second reading of Ordinance No. 1555, for Monday, August 25, 2008, at approximately 7:00 p.m, in the City Council Chambers, Attachments: Dra t Ordinance 1 S55 (1" Readin Format), P+Z Re ort COL7NCIL ACTION 138 DRAFT ORDINANCE NO.1555 BEING AN ORT)INAN('F. AM_F.NDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REAL ESTATE SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(5}(i}-(o) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Szgn Regulations. (5} Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i} In residential districts, one temporary on-site, freestanding real estate signs advertising the sale, lease, or rental of the lot or premises upon which such signs ~e is situated, provided the °~'~~~°~' ^-°° °~ ^~~^'' "'^"° ~ ^"+'~ ~ °+ °~ ~ „ ~ ,. ° ^~, , non ~ a-~ sign does not exceed six (6) feet in height and fifteen (15) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall °~~^°°~' Q ^^~~°r° ~ °* n^'- remain seven (7) days past the date of termination of such offering. (~) In commercial or industrial districts, one temporary on- site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such. sign is situated, provided the sign does not exceed six (6) feet in height and thirty-two (32) square feet in area. On corner lots, a second such sign inay be lucated uu the prupeiiy if said "sign abut"s a second street r iglu-of-::ay. No such temporary on-site sign shall remain seven (7} days past the date of termination of such offering. E}-}(k) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage :=/h.Ch bounds such subdi•~isinn nr project, p,-ovidPd that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. 139 (-1E-}(I) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such nreiect shall net exceed a ratio of 2 souare feet of sign area for ------ ~~------ ---------- -----r-r--- ------- --- ------ - -~--- - - i u each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (~-}(m) One wall sign per dwelling for permitted home occupations not to exceed. two square feet per surface and limited to one surface. (-fi(n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (-rt-}(o) In commercial or industrial districts, one temporary on- site banner or pennant advertising the sale, '°^~° ^r r°~+^' of the lots or premises on which such a banner or pennant is situated, or one temporary on-site banner or pennant advertising the lease or rental of a tenant space, provided that +''° +^+^' ^'-°^ a;^~~^., ^ r.^~„°,. „ ° ~+ , „+:~ ^+ ~°^^+ ~~n a^<,^ r,^.,° °~^...r°a. the banner or pennant shall not exceed forty-eight (48) square feet in area when advertising the sale of the lot or premises, and thirty-two (32) square feet in area when advertising the lease or rental of a tenant space@ No such banner or pennant shall remain past the date of the offeringo Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 'Date of passage: Offered by: Seconded by: Roll Call: 140 Mayor Gary L. Peterson Attest: Patricia IVluscovitz, CMC City Clerk/Council Secretary 141 CITY OF COLUMBIA HEIGHTS n n nr e.n Iner~rn. ~nno none I~PiJG IVVIVI~CR. GVVV-VVV't DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Real Estate Signs PREPARED BY: Jeff Sargent, City Planner PLANNING REPORT INTRODUCTION The City of Columbia Heights has received some concerns regarding the number and size of residential real estate signs allowed in the City. Staff conducted a survey of the sizes of various real estate signs used by different real estate companies. The sizes of signs ranged from 6 square feet to 14 square feet, depending on the company. Two sections of the sign code currently address real estate signage. The first is at Section 9.106 (P)(5)(i), referring to signs in which the provisions of the code do not apply. It states as follows: (i) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of 1 square foot n c n ar®~ $or earl 'B (l~ifl cq~7re $an+ No SNla~h $emporary on-c:te Vf JIgl1 IIiG / VI 1 V V J l..ll IVV~. sign shall exceed 8 square feet nor remain past the date of termination of such offering. The second reference is at Section 9.106 (P)(5)(n), referring to signs in which the provisions of the code do not apply. It states as follows: (il) One temporary on-Site banner ur pennant adveiiising the Saie, lease or rental of the lots or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of 1 square foot of signs area for each 1,000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of lot area. No such banner or pennant need be less than 32 square feet. No such banner or City of Columbia Heights Punning Commission eaugust 6, 2008 City of Columbia Heights, Real Estate Signs Case # 2008-0804 pennant shall remain past the date of the offering or be displayed for a period of mare than 120, whichever is shorter. At the end of the display period, the site may not display a banner or pennant until at least 2-^rv days have elapsed Staff feels that these two sections need clarification as to the types of signs allowed, the number of signs allowed, and for what zoning districts they apply. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6} feet in height and fifteen (15) square feet in area. Staff also recommends retaining the sign code in relation to commercial and industrial real estate signage. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than one residential real estate sign per property at a fifteen square foot limit, the residential housing stock will be protected from properties with large amounts of sigrage. ZONING ORDINANCE The proposed ordinance amendment will affect all areas of the city. The proposed changes to the ordinance will help clarify what is allowed in each zoning district. FINDINGS OF FACT Section 9.1 G4 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. Tt__ l F...-,1 '4h !~ f'`nmr~rw ncieso Dhn ~c t enr r(r'{ haln lIIC alllelldlllelll {s VV%IS{s(Gl/l trV1L11 u~le vvrrrNrcr4lerrarv~. r rwr, uv {a vv~+~.r~~+ p+ preserve the city's single-family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city and is not for the benefit of a single properly owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Page 2 143 City of Columbia Heights Planning Commission August 6, 20u~3 City of Columbia Heights, Real Estate Signs Case # 2008-0804 The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular r,rnr,orFv there hoc boon ~ nhonno in the rh~r~rtor nr trcnrl of riavalnnmant in N~vNc~ty, uw~a.. ~~uo v~.~.~~ a v~~ui~y~. ~~~ u~~. v~~aa~uvw~ v. a~v~~W ..~ ...........~.+~.~...... ~~~ the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6} feet in height and fifteen (15} square feet in area. Staff also recommends retaining and clarifying the sign code in relation to commercial and industrial real estate signage. IVlotloll~: 1 Ilal title rlalllllllg l^.iVtIIIIIIJSIOtIi reC,v~iui~endj that tiie vity vvu~ii..ii apprvVc the proposed zoning amendment. Attachments • Draft zoning ordinance Page 3 144 COLIIMBL4 HEIGHTS CITY COUNCIL LETTER Meetin of: Au ust l 1, 2008 nn~~.mn c~~rrrn~.r. n,r,Ar nr~in~nnAC ~n~ !"1iJLlVLl1 ~7Ll.. d.1V19. VLtll. t. viutittttivv.i uaiu nRlr;'TTTATTNr: TIFPARTMFNT• vav vaa .a aaa..v vi.a +..+..+~..+ C'TTV MANA(;F,R'~ ~--- _ .. ____.._____ , Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1.556, being a BY: Jeff Sargent, City Planner `r~ BY: ; / Zoning Amendment as it Relates to DATE: August 7, 2008 " ~ Governmental Temporary Signs. BACKGROUND: The City's sign code currently does not address temporary signage that a governmental entity might display to promote citywide events. As currently allowed, the City would have to obtain a permit and display the sign on a governmental building. Also, the City would only be allowed to obtain four permits per year. This requirement is restrictive and would not allow the city to promote activities and events to the general public, as it should. At this time, staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted unanimously to recommend City Council approval of the zoning amendment relating to governmental temporary signs, with. a 5-0 vote, RECOMivi~:NDED IviOT Ivir Move to waive the reading of Ordinance No. 1556, being ample copies available to the public. Move to set the second reading of Ordinance No. 1556, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attachments: n~°a t (_h~dznance 1556 (1'' Readin Format), P+Z Report COUNCIL ACTION 145 DRAFT ORDINANCE NO. 1556 RE.INC; AN ORT)INANCF. AMENDING ORDINANCE NO. 1.490, CITY CODE OF 2005 RELATING TO GOVERNMENTAL TEMPORARY SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(5)(g} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign Regulations. (5} Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than l4 days prior to the date of the event and shall be removed within 3 days thereafter. Section 2: This ordinance shall be in fu1.1 force and effect from. and. after 30 days after its passage. First Reading: , X008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayer Gary L ,Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 146 CITY OF COLUMBIA HEIGHTS PLANNING REPORT raeG not ~nnRGQ• ~nnst_nsznti DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION; City Wide REQUEST: Zoning Amendment for Governmental Temporary Signs PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City's sign code currently does not address temporary signage that a governmental entity might display to promote citywide events. As currently allowed, the City would have to obtain a permit and display the sign on a governmental building. Also, the City would only be allowed to obtain four permits per year. This requirement is restrictive and would not allow the city to promote activities and events to the general public, as it should. At this time, staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. COWIPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE The current zoning ordinance does not address signage for governmental entities to display. The proposed amendment would allow for the city to display signage at its discretion in order to promote city functions and events, such as the Jamboree, blood drives, etc. City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Gov't Temp Signs Case # 2008-0805 FINDINGS OF FACT Section 9.104 (F} of the Columbia Heights zoning code requires that the City Council make ..~. _t at. ,. r..~i.....:__ r....., r:.,,r:~,..,, i.,.r,..... ,. .,,a..,..,....~. ea~i ~ vi a is ivuvwn iy ivui I II lull It~. J uC1UI C dppl ovlt Ig aGOl 1111 Ig QI11el IUI ~ ICI IL. 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the city to promote public events and functions. 3. `JVhere the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. ~?EC~I!!IIlIENDATI~?N Staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments ® Draft zoning ordinance Page ? 148 C®LUIVI>$I~ IIEIGHTS -CITY C®UNCIL LET'T'ER Meetin of: Au ust 11, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: First Reading BY: Walt Fehst BY: ''/ ;~ Ordinance 1551 DATE: August 4, 2008 DATE: NO: Background: The City Attorney presented this item to the Charter Commission on April 17, 2008. Commissioners were advised that the duties of the City Clerk and City Treasurer would be performed by separate individuals, requiring updating the City Charter to reflect the change. One reason for the separation of duties in these roles is in support of accounting controls and audit purposes. He reviewed the City Charter with them, pointing out all instances where the City Clerk and City Treasurer are specified and identified the changes set forth in the proposed ordinance. The second reading of these changes to the City Charter were presented at the July 17, 2008, Charter Commission meeting. The motion was made to forward the changes to the City Council. Recommended Motion: Move to waive the reading of Ordinance No. 1551, there being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General T'roviisiion Ilefinitions, for Monday, August 25, 2008 in the City Council Chambers, at 9 approximately 7:v0 p.m. COUNCIL ACTION: 149 ORDINANCE NO. 1551 BEING AN ORDINANCE AMENDING C`HAPT'ER 6 CE('Ti(lN 55~ CHAPTER 7, SECTION 66, AND CHAPTER 8, SECTION 77, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO SUBORDINATE OFFICERS, LEVY AND COLLECTION OF TAXES, AND LOCAL IMPROVEMENTS, HOW MADE The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 55, of the Charter of the City of Columbia Heights which currently reads to wit: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shalt be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council and shall act as city treasurer until the council by ordinance otherwise provide. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 1086, passed June 11,1984) Chapter 7, Section 66, of the Charter of the City of Columbia Heights which currently reads to wit: LEVY` AND COLLECTION OF TAXES. The city clerk shall transit to the county auditor annually, not later than October 10 or such other date as may be fixed. by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and. payment thereof shall be enforced in accordance with this charter and applicable state taw. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26,1984) Chapter 8, Section 77, of the Charter of the City of Columbia Heights which currently reads to wit: LOCAL IMPROVEMENTS, HOW MADE. The council. shall have the power to undertake local improvements by resolution passed. by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such. improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case 150 shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed. at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed. as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may he sold far cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said. assessments shall. be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included. in determining the city's net indebtedness under the provisions of this chapter. IS HEREWITH AMENDED TO READ AS FOLLOWS: Chapter 6, Section 55, of the Charter of the City of Columbia Heights: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by afour-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, and the general administration of the city's affairs as shall be ordained by the council The city clerk may be designated to act as secretary of the council The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 1086, passed June 11, 1984} Chapter 7, Section 66, of the Charter of the City of Columbia Heights: 151 LEVY AND COLLECTION OF TAXES. The city Treasurer shall transmit to the county auditor annually, not later than October 10 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and navmPnt thPrenf chall hP enfnrePrl in aec~rr~anre with this charter and annlicable state law. No tax r~,..._....-----.._ .,.__.- ~- ---------- ---------------- ---- ---- - - shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26,1984) Chapter 8, Section 77, of the Charter of the City of Columbia Heights: LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When. the council shalt determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real. estate within the benefitted. area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. 1n computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed. as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the saiiie, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If tiie work is completed before any assessment is made or if the aniouiit assessed siiaii be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed. by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds 152 credited to the Permanent Improvement Fund and used far paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and ir~taract of caul rr rtifiratac of inrlahtarlnacc tha rnnnril shall nrnvirlP rnnniPC fnr the navment nfthe same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. Section 2: This Ordinance shall be in full farce and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 153 ~C~LU1VIJi3IA HEIGII'1cS - CITE' C®>i3NCIL LE'>i'TEI~ ivleeun ot: au ust 1 i, ~vu~ AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: First Reading BY: Walt Fehst BY: Ordinance 1535 DATE: August 4, 2008 DATE: NO: Background: For over thirty years the City of Columbia Heights has not had a City Clerk position. At some point, possibly in the 1970's, the title of City Clerk was included with the Finance Director position. However, the only significant city clerk duties that were included in that job description were City elections and some statutory city clerk financial reporting functions. Customary city clerk duties, such as taking and maintaining council minutes, maintaining and updating the City's Record Retention Schedule, compliance with the Minnesota Data Practices Act, updating and maintaining the city code, Mayor/Council budget preparation, publication of official notices and other required documents, directing elections, and other such functions have been performed by a number of clerical and management personnel, leaving virtually no coordination of traditional city clerk functions. Since the mid 1990's management has worked progressively to include several of the above functions in the Council Secretary/Deputy City Clerk position. In June 2007, the City Clerk position was approved by the City Council. The City Clerk-Treasurer is currently a combined position in our City Code. The City code should be modified to reflect the position definition for specific duties. The ordinance changes have been reviewed by the City Attorney, City Manager, Finance Director, Assistant to the City Manager/Human Resources Director and the City Clerk. The proposed. Ordinance clarifies definitions in the City Code relative to the separation of the City Clerk-Treasure duties. Recommended Motion: Move to waive the reading of Ordinance No. 1535, there being ample copies avaiiabie io the public. Recommended Motion: Move to establish the second reading of Ordinance 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, for Monday, August 25, 2008 in the City Council Chambers, at approximately 7:00 p.m. COUNCIL ACTION: 154 ORDINANCE NO. 1535 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GENERAL PROVISION DEFINITIONS The City of Columbia Heights does ordain: Chapter 1 through Chapter 11 of the Columbia Heights City Code, which currently reads to wit: § 1.105 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITYCLERK-TREASURER. The Columbia Heights Finance Director. § 1.119 COPIES OF CODE. Copies of this code shall be kept in the office of the City Clerk-Treasurer for public inspection and sale for a reasonable charge. ~ 2 2Q1 TNDEX (7F C1Ri~TNAIVrEC: An index of all ordinances hereafter adopted by the Council shall be maintained by the Deputy City Clerk. The index shall include the ordinance number, whether the ordinance is general or special, and where applicable, the provision of this code that is modified, deleted, or added. to by said ordinances. ~ 3.204 Finance Department (A) The Finance Director also serves as the City Clerk-Treasurer. The Finance Department shall keep records and accounts of all money received or expended on behalf of the city, indicating the source and disposition thereof, and he shall ensure that all monies belonging to the city are properly deposited in the designated depository bank. (B) (l) The Finance Department shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records, (2) The Finance Department shah seal and attest ail contracts, licenses, permits, and such other documents of the city as require this formality. (3) The Finance Department shall perform such other duties and functions as may be required by law, by enactment of the Council, or as may be designated by the Manager. (4) The Finance Department shall maintain financial records in accordance with the Governmental Accounting Standards Board. (C} The Finance Department shall give bond to the city as may be required by the Charter, and provided by the Council. (D) Municipal liquor store operations as authorized by X4.501 shall be administered ~mder the Finance Department by a liquor operations manager. (E) The Finance Department shall administer and process all applications for municipal office, and shall perform all duties required by law relating to the conduct of elections in the city. 155 § 3.301 PARK AND RECREATION COMMISSION. (C) The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however, that no single expenditure shall be made in an amount in excess of that authorized by City Charter. (1) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Clerk-Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths vote of said Council. § 3.303 MERIT BOARD. (B} The Merit Board shall be composed of five members from among residents of the city. (1) Members of the Board shall serve for a term of four years, to be staggered so that each year one of the members shall be newly appointed. (2) Each Board member shall subscribe to and file with the Clerk-Treasurer an oath for the faithfi,;l diSrharae of hic ~1~itiec, a~ § 4.103 ASSESSMENTS PROCEDURE. (A) The Council shall determine by resolution the amount of total expense the municipality will pay, other than any amounts as a property owner, and the amount to be specially assessed. (1) The amount to be assessed against every assessable lot, piece or parcel of land shall then be calculated in accordance with the provisions of M.S. § 429.051, as it may be amended from time to time. (2} The proposed assessment roll shall be filed with the Clerk-Treasurer and made available for public inspection. § 4.104 MIDBLOCK LIGHTING. (B} The Clerk-Treasurer shall establish a separate improvement fund for the administration of midbiock lighting and alley lighting charges. On or before July 1 of each year, the Clerk-Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (l) Such bills shall be proportioned between the benefitted parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to be billed in the instance of midblock lighting. (2} In the instance of alley lighting, each parcel shall be billed on the basis of the proportion of alley frontage each parcel bears to the total frontage to be billed. (C) The Clerk-Treasurer shalt list the total unpaid charges against each separate lot or parcel to which. such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.105 TREE REMOVAL. 156 (B) The Clerk-Treasurer shall establish a separate improvement fund f®r the administration of tree abatement service charges. The costs for diseased tree abatement services shall be certified monthly by the Forester to the Clerk-Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before August 1 of each year, the Clerk-Treasurer shall bill each property owner of ., _y_,_ each affected lot or parcel for their portion of the charges authorizea nereunder plus one reasunaoic cost of administering the billings and collection procedures. (D) The Clerk-Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B) The Clerk-Treasurer shall establish a separate improvement fund for the administration of weed eradication and control service charges. The costs for weed eradication and control services shall be certified monthly by the Forester to the Clerk-Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. ((`) (ln nr befnre A~ig~2st 1 of each year; the Clerk-Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Clerk-Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions ofthis chapter. § 5.201 JUNK DEALER/AUTO RECYCLING DEALER (C) All applicants desiring to secure a license, shall make a written application to the Clerk- Treasurer, upon forms supplied by the city, accompanied with a fee as set by City Council resolution. (D) Na license shall be issued until the applicant has executed and deposited, with the Clerk- Treasurer, acorporate surety band in the sum of $10,000 guaranteeing the compliance with the provisions ofthis section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shah remain in force as to ail penalties, claims and demands that may have occurred thereunder prior to such expiration. § SA.505 COST RECOVERY. (B) The Clerk shall establish a separate improvement fund for the administration of residential maintenance code charges. The costs related to the residential maintenance code shall be certified annually by the Housing Enforcement Officer to the Clerk for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to eac11. (C) On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot. or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and. collection procedures. (D) The Clerk shall list the total unpaid charges against each separate lot or parcel to which such. charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions ofthis chapter. 157 6.101 Al~1V1IN1S`['RATIVE DI1~!'IES. (A} At least one copy of every code, ordinance and regulation adopted herein by reference shall be on file and available for public inspection at the Clerk-Treasurer's Office. § 6.901 GENERAL PROVISIONS. (B) The criteria to be followed by the Health Authority in review and approval of plans shall be 1 !lY n / n i .9 _ _i r set forth in iviinn. ituies, ~.napter 472, wells ana tsorings, as ii may oe amenueu iroiii iiiiic to tiliie, a copy of which is on file and available for inspection in the Office of the Clerk-Treasurer of the city. The same is hereby adopted by reference, and all terms of said code are made a part hereof as if fully set forth in this chapter. § 7.203 TEMPORARY AND EMERGENCY ORDERS. (D} Any person may request establishment of such regulations, conditions or restrictions in any part of the city by making written application therefore to the Council. The application shall specify the address and the nature of any commercial or business activity conducted at said premises, or as a condition of each such application, the Council may require the applicant to pay the Clerk-Treasurer the estimated cost of erecting signs and painting the curb. § 7.302 PROCEDURES. (Fl The net proceeds of all sales. after deduction of towing and storage costs, and administrative costs of conducting a public sale, shall be forwarded to the Clerk-Treasurer. 8.101 DOG AND CAT LICENSE. (B) License applications shall include the following information: (1) The name and address of the owner of the animal, and the name and address of the applicant if other than the owner. (2) The breed, sex and age of the dog or cat for which a license is sought. (3) A statement shall accompany any application for a spayed female animal from a qualified veterinarian that such animal has been spayed or otherwise rendered sterile. (4) Such other information as the Clerk-Treasurer shall reasonably require to determine animal census information or in compiling other records. (C) %_,icenses shall be issued for such period of time and upon paymeni of such fees as tiie Council shall determine by resolution. Provided, however, that: (1) The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant provides written evidence indicating immunity from rabies will terminate prior to the normal. expiration date of any license hereunder. (2) The Council may by resolution provide for a lower fee for spayed female and neutered male dogs and cats than for unspayed female and unneutered male dogs or cats. (a) The owner, keeper, or custodian of any dog or cat shall pay the license fee for an unspayed or unneutered dog or cat unless said applicant provides a veterinarian's certificate verifying that said animal has been spayed or neutered. Presentation of the dog or cat to the Clerk-Treasurer for inspection shall not constitute adequate proof that the said dog or cat has been spayed or neutered in accordance with this section. (b) Any owner, keeper, or custodian who shall pay the license fee for an unspayed or w~neutered dog or cat as provided above may be refunded the difference between that license fee and 158 the tee for a spayed or neutered dog or cat if' he shalt provide to the Clerk.-'l reasurer, within 30 days of the issuance of said license, a veterinarian's certificate verifying that the said licensed dog or cat has been spayed or neutereda (E} Upon payment of the prescribed license fee to the Clerk-Treasurer, a written license and a metallic tag shall be issued for the licensed animal. The tag shall indicate the registration number for t i i n r~ i i such animal, and be of such design so as to ne worn or attacnea to a couar ror saia ammai. ~-~ duplicate metallic tag may be obtained to replace a lost or stolen tag in the following prescribed manner: (1} The owner of the animal shall present the original. license together with an affidavit reciting the fact that such tag has been lost or stolen and not in the possession of the applicant. (2) A duplicate tag shall be issued by the Clerk-Treasurer upon payment of a duplicate tag fee in an amount set by resolution of the Council. (G} No license may be issued for any dog or cat unless the owner or keeper thereof shall furnish to the Clerk-Treasurer a veterinarian's certificate showing that the said dog or cat has been inoculated for the prevention of rabies and showing the estimated termination date of immunity from rabies of such dog or cat as a result of its inoculation for the prevention of rabies. Should such certificate disclose that the said rabies inoculation shall cease to become effective prior to the expiration of the licensing period, the license may be issued with a license expiration date which coincides with the termination of the effective immune period from rabies of such dog or cat. § 8.103 IlVIPOUNDMENT. (D) Any animal impounded pursuant to the provisions of this section shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. The owner of any impounded animal may reclaim the same upon payment to the Clerk- Treasurer or Poundmaster of an impounding fee as set by resolution of the Council, and the payment of such daily boarding fees as shall be determined by the Council for such time as the animal has been confined. The Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said. animal as provided in § 8.1.01. (E} Any animal which is unclaimed by the rightful owner within the prescribed time may be sold to anyone desiring to purchase said animal, if not requested by a licensed educational or scientific institution under state law. (1) All sums received in excess of costs shall be held by the Clerk-Treasurer for the benefit of the owner. If not claimed within one year, such funds shall be placed in the general fund of the city. § 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, § 8.605 LOCAL EMERGENCIES. (A) A local emergency may be declared only by the Mayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any 159 order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall. be filed in the office of the City Clerk-Treasurer. § 8.606 EMERGENCY REGULATIONS. (B) Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk- Treasurer. A copy shall be kept posted and available for public inspection auring nusmess hours. Notice of the existence of these regulations and their availability for inspection at the City Clerk- Treasurer's Office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at such other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind any such regulation. § 11.127 FRANCHISE FEE, TAXES AND ASSESSMENTS. (B) Payment of franchise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report for the preceding calendar quarter in such detail as the city may require its gross receipts from all system services from whatever sources and shall remit therewith all amounts due under division (A} of this section. (~) In the event any payment is not made on or before the applicable date fixed in subdivision (B)(1), interest thereon shall apply from its due date at the rate of one and one half percent per month. (3) All payments due the city shall be made to the Department of City Clerk-Treasurer. Is thereby amended to read as follows: § 1.105 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. This definition shall apply to all sections of the City Code that reference City Clerk-Treasurer. TRKASURER The Columbia. Heights Finance Director. C1T1'CLL12Y. The Colu~;,bia Heights City Clerk. CLERK. The Columbia Heights Licensing Clerk § 1.119 COPIES OF CODE. Copies of this code shall be kept in the office of the City Clerk for public inspection. and sale for a reasonable charge. § 2.201 INDEX OF ORDINANCES. An index of all ordinances hereafter adopted by the Council shall be maintained by the City Clerk. The index shall include the ordinance number, whether the ordinance is general or special, and where applicable, the provision of this code that is modified, deleted, or added to by said ordinances. § 3.204 Finance Department 160 (A} "1`lte lr'inance Director also serves as the "Treasurer. "1`he Finance Department shall keep records and accounts of all money received or expended on behalf of the city, indicating the source and disposition thereof, and he shall ensure that all monies belonging to the city are properly deposited in the designated depository hank. (B) (1) The Finance Department shall be the custodian of all documents and records assessable to me puntic ana matt maintain an appropriate system or inaexmg ana storing saia documents and records. (2) The Finance Department shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (3} The Finance Department shall perform such other duties and functions as may be required by law, by enactment of the Council, or as may be designated by the Manager. (4) The Finance Department shall maintain financial records in accordance with the Governmental Accounting Standards Board. (C) The Finance Department shall give bond to the city as may be required. by the Charter. and provided by the Council. (D) Pvlunicipal liquor store operations as authorized by §4.501 shall be administered under the Finance Department by a liquor operations manager. § 3.208 City Clerk (A) The City Clerk shall be the custodian of all documents and records assessable to the public and shall. maintain an appropriate system of indexing and storing said documents and records. (B) The City Clerk shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (C) The City Clerk shall administer and process all applications for municipal office, and shall perform all duties required by law relating to the conduct of elections in the city. (D} Tl1e City Clerk shall serve as the secretary of the city council. § 3.301 PARK AND RECREATION COMIVIISSION. (C) The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however, that no single expenditure shall be made in an amount in excess of that authorized by City Charter. (l) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths vote of said Council. § 3.303 MERIT BOARD. (B} The Merit Board shall be composed of five members froth among residents of the city. (1) Members of the Board shall serve for a term of four years, to be staggered so that each year one of the members shall be newly appointed. 161 (2) Each Board member shall subscribe to and file with the City Clerk an oath for the faithful discharge of his duties. § 4.103 ASSESSMENTS PROCEDURE. (A) The Council shall determine by resolution the amount of total expense the municipality will pay, other than any amounts as a property owner, and the amount to be specially assessed. (1) The amount to be assessed against every assessable lot, piece or parcel of land shall then be calculated in accordance with the provisions of M.S. § 429.051, as it may be amended from time to time. (2) The proposed assessment roll shall be filed with the Treasurer and made available far public inspection. § 4.104 >t~IIDBLOCK LIGHTING. (B) The Treasurer shall establish a separate improvement fund for the administration of midblock lighting and. alley lighting charges. On or before July 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (1) Such bills shall be proportioned between the benefitted parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to be billed in the instance of midblock lighting. (2) In the instance of alley lighting, each parcel shall be billed on the basis of the proportion of alley frontage each parcel bears to the total frontage to be billed. (C} The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.105 TREE RElVIOVAL. (B) The Treasurer shall establish a separate improvement fund for the administration of tree abatement service charges. The costs for diseased tree abatement services shalt be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, Lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, the Treasurer shall bill each. property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B) The Treasurer shall establish a separate improvement fund for the administration of weed eradication and control service charges. The costs for weed eradication and control services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, Lots, or parcels involved and the amount chargeable to each. 162 (C) On or before October 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cast of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 5.201 JI7NK DEALER/AUTO RECYCLING DEALER (C) All applicants desiring to secure a license, shall make a written application to the Clerk upon forms supplied by the city, accompanied with a fee as set by City Council resolution. (D) No license shall be issued until the applicant has executed and deposited, with the Clerk a corporate surety bond in the sum of $10,000 guaranteeing the compliance with the provisions of this section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration. § SA.505 COST RECOVERY. (Rl The TYP.aRiIYPY shall establish an improvement find for the administration of residential maintenance code charges. The costs related to the residential maintenance code shall be certified annually by the Housing Enforcement Officer to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, or as required by Statute, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, or as required by Statute, for Council action pursuant to the provisions of this chapter. § 6,101 ADMINISTRATIVE DUTIES. (A) At least one copy of every code, ordinance and regulation adopted herein by reference shale be on file and available for public inspection at the City Clerk's Uffice. § 6.901 GENERAL PROVISIONS. (B) The criteria to be followed by the Health Authority in review and approval of plans shall be set forth in Minn. Rules, Chapter 4725, Wells and Borings, as it may be amended from time to time, a copy of which is on file and available for inspection in the Community Development Department of the city. The same is hereby adopted by reference, and. all teens of said code are made a part hereof as if fully set forth in this chapter. § 7.203 TEMPORARY AND EMERGENCY ORDERS. (D) Any person may request establishment of such regulations, conditions or restrictions in any part of the city by making written application therefore to the Council. The application shall specify the address and the nature of any commercial or business activity conducted at said premises, or as a condition of each such application, the Council may require the applicant to pay the Treasurer the estimated cost of erecting signs and painting the curb. § 7.302 PROCEDURES. 163 (f } The net proceeds of all sales, after deduction of towing and storage costs, and administrative casts of conducting a public sale, shall be forwarded to the Treasurer. 8.101 DOG AND CAT LICENSE. (B) License applications shall include the following information: n~ mt_ ------- ---~ -~a__-- _r~r__ _-------- _r.i_,. _._.---_~ ,.._a.i__ -_...___ _._a ..aa__......ra_.. ~i~ i uc iiaiiic auu auuic~~ ui iitc uwuci vi uic aiuu-ai, auu ~iic iiauic aiiu auuic~s ~i uic applicant if other than the owner. (2) The breed, sex and age of the dog or cat far which a license is sought. (3} A statement shall accompany any application for a spayed female animal from a qualified veterinarian that such animal has been spayed or otherwise rendered sterile. (4) Such other information as the Council shall reasonably require to determine animal census information or in compiling other records. (C) Licenses shall be issued for such period of time and upon payment of such fees as the Council shall determine by resolution. Provided, however, that: (1} The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant provides written evidence indicating immunit-y from rabies will tei-~~~inate prior to the normal expiration date of any license hereunder. (2) The Council may by resolution provide for a lower fee for spayed female and neutered male dogs and cats than for unspayed female and unneutered male dogs or cats. (a) The owner, keeper, or custodian of any dog or cat shall pay the license fee for an unspayed or unneutered dog or cat unless said applicant provides a veterinarian's certificate verifying that said animal has been spayed or neutered. Presentation of the dog or cat far inspection shall not constitute adequate proof that the said dog or cat has been spayed or neutered in accordance with this section. (b) Any owner, keeper, or custodian who shall pay the license fee for an unspayed or unneutered dog or cat as provided above may be refunded the difference between that license fee and the fee for a spayed or neutered dog or cat if he shah provide, within 3v days of the issuance of said license, a veterinarian's certificate verifying that the said licensed dog or cat has been spayed or neutered. (E) Upon payment of the prescribed license fee to the Treasurer, a written license and a metallic tag shall be issued for the licensed animal. The tag shall indicate the registration number for such animal, and be of such design so as to be worn or attached to a collar for said animal. A duplicate metallic tag may be obtained to replace a lost or stolen tag in the following prescribed manner: (1) The owner of the animal shall present the original license together with an affidavit reciting the fact that such tag has been lost or stolen and not in the possession of the applicant. (2) A duplicate tag shall be issued upon payment of a duplicate tag fee in an arnount set by resolution of the Council. (G) No license may be issued for any dog or cat unless the owner or keeper thereof shall furnish a veterinarian's certificate showing that the said dog or cat has been inoculated for the 164 prevention of rabies and showing the estimated termination date of immunity from rabies of such dog or cat as a result of its inoculation for the prevention of rabies. Should such certificate disclose that the said rabies inoculation shall cease to become effective prior to the expiration of the licensing period, the license may be issued with a license expiration date which coincides with the termination of the effective immune period from rabies of such dog or cat. ~ if.lU3 11VirOUI~Ll'VlElr 1. (D) Any animal impaunded pursuant to the provisions of this section shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. The owner of any impounded animal may reclaim the same upon payment to the Treasurer or Poundmaster of an impounding fee as set by resolution of the Council, and the payment of such daily boarding fees as shall be determined by the Council for such time as the animal has been confined. The Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said animal as provided in § 8.101. (E} Any animal which is unclaimed by the rightful owner within the prescribed time may be sold to anyone desiring to purchase said. animal, if not requested by a licensed educational or scientific institution under state law. ll) All sums received in excess of costs shall be held by the Treasurer for the benefit of the owner. If not claimed within one year, such funds shall be placed in the general fund of the city. § 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 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 Treasurer. § 8.605 LOCAL EMERGENCIES. (Aj A local emergency may be declared only by the 1Vlayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the off ce of the City Clerk. ~ 8.600' El'v~ERGEl'vCY REGiTLATIONS. (B) Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk. A copy shall be kept posted and available for public inspection during business hours. Notice of the existence of these regulations and their availability for inspection at the City Clerk's Office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at such other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind any such regulation. § 11.127 FRANCHISE FEE, TAXES AND ASSESSMENTS. (B} Payment of franchise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report for the preceding calendar quarter in such detail as the city may require its gross receipts from all system services from whatever sources and shall remit therewith all amounts due under division (A) of this section. 165 (2} In the event any payment is not made on or before the applicable date fixed in subdivision (B}(1}, interest thereon shall apply from its due date at the rate of one and one half percent per month. (3} A11 payments due the city shall be made to the Treasurer. This ordinance shall be in full force and. effect from and after thirty (30} days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 166