HomeMy WebLinkAboutJune 1, 2009 Work SessionCITY OF COLUMBIA HEIGHTS
590 40`" Avenue NG, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692
visit o~tr website a1: www.cl.cohentbia-heiphts.mn.us
ADMINISTRATION
N®T~CE ®F CITY C'®UNC'IL IiIEETIN~
to be held in the
CITY OF COLUMBIA HEIGHTS
as, follows:
Meeting o€: COI~UMDIA IIEIGIITS CITE' COUNCIL
Date of Meeting: JUNE 1, 2009
Tune of Meeting: ?:00 P.M.
Location of Meeting: CONFERENCE ROOM 1
Purpose of Meeting: WORK SESSION
1. Immaculate Conception School request for fencing
2. Annual CAFR -alternative for auditor's presentation*
3. Insurance renewal*
4. Ordinance -excessive calls for service
5. Ordinance -carrying of replica firearms.
* information will be distributed at the meeting
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Cwncilmembcrs
2uhurr A. I t711 rams
Nrtt~.c N'au~rar.J,v
Tmmtxazt lAchnrr
Brucr i'crizc:nher,~;
City Manager
N'altc~r R. l~ehst
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to,
or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all City of Columbia Ideights' services,
programs, and activities. Auxiliary aids far handicapped 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. (TDI~/706-369? for deaf or hearing impaired. only}
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`T` e c ~ c culte ce ti
4030 Jackson Street Nortl~leasc ®Columhia Heights, MN 55 ~2I-2929 ° Lei (763} 758-9062. « fax (763) 788-0?E}2
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May 1, 2009
Mr. Walter Fehst
City Manager
City of Columbia Heights
590 40th Ave N.E.
Columbia Heights MN 55421
Dear Mr. Fehst,
No one disagrees the City of Columbia Heights was in need of a new police and fire station.
However the location of the new building introduces a potential safety risk for our students as
well as for the drivers of the city's emergency vehicles.
The parish of Immaculate Conception Church wants to be as sure as possible that if a child in
our playground is running toward the path of an emergency vehicle we can be certain, to the
extent possible, the child will stop before he or she reaches the street. We also want to give the
emergency vehicle driver some degree of assurance a child will not run into his or her path.
The Parish Pastoral Council of Immaculate Conception Church is proposing the city fund the
cost of installing fencing, like the existing, along the open portion of the Jackson Street west
parking lot and playground. The parish council is committed to replacing existing fencing, where
required, to match.
We have attached a proposal from a contractor. Pf you feel you would rather contract with
someone else we can meet with them to show them the area of concern.
We would like to set a time to meet with you to discuss this request. We can meet in your office
or on site at the church.
We appreciate your attention in this matter.
Sincerely ~ /'~
Stephen D. Smith
Chair, Immaculate Conception Maintenance Committee
cc: nor. John Litchy
Mr. Art Harris
~~~G~c Mi<< Patrick Miller Construction, Inc.
P ~
¢~ ~ ~ 2841 90th Lane NE
n~ ,~ Blaine,, Ml`s 55449
`~~ld'(~~C~'~~ MN Lic #20576168
Name /Address
Church Oi"The Immaculate Conception
4030 Jackson St NE
Columbia Heights, ivlN 55421
Slrl''I~f~
Date Estimate #
3/3112009 }~l4
Ship To
P.O. No. Project
Description Qty Cost Total
Furnish And b~sta(I 48" 9 Ga.Fabric Fence. Heavy Duty IvIN DOT
Spec. Install Fence On Jackson Street Side Of Parking Lot. 166 23.67169 3,929.50
2" Line Posts
Z !/2" End Comers
7'£i" Top Rail
i
I
~,? 9~9.5f1
Phcre # Fax # E-r~7ai(
(763} 7It6-1654 (763) 7~6-1n94 pt~tricksntillertala3mc<~st.~.at
~~
ARTICLE VIII: REPEAT NUISANCE CALL SERVICE FEE
Section
8.801 Purpose
8.802 Scope and application
8.803 Definitions
8.804 Repeat nuisance service call fee
8.805 Notice
8.806 Right to appeal
8.807 Legal remedies nonexclusive
8.808 Applicability of repeat nuisance service call fee
8.809 Recovery of fee
§ 8.801 PURPOSE.
The purpose of this section is to protect the public safety, health and welfare and to
prevent and abate repeat service response calls by the City to the same property or location for
nuisance service calls, as defined herein, which prevent police or public safety services to other
residents of the City. It is the intent of the City by the adoption of this Section to impose and
collect service call fees from the owner or occupant, or both, of property to which City officials
must repeatedly respond for any repeat nuisance event or activity that generates extraordinary
oasts to the Czty. The repeat nuisance service call fee is :mended to cover that cost over and
above the cost of providing normal law or code enforcement services and police protection city-
wide.
§ 8.802 SCOPE ANI2 APPLICATION.
This Section applies to all owners and occupants of private property which is the subject
or location of the repeat nuisance service call by the City. This Section applies to any repeat
nuisance service calls made by a City of Columbia Heights peace officer, part-time peace officer,
community service officer, animal control and/or code enforcement officers.
~ 8.803 DEFINITIONS.
For purposes of this Section, the Corm "nuisance misconduct" means any activity,
conduct, or condition occurring upon private property within the City that unreasonably annoys,
injures, or endangers the safety,l-iealtl~, morals, comfort ar repose of any member oftho public;
or will, or tend to, alarm, anger or disturb ethers or provoke breach of tl7e peace, to which the
City is required to respond, including, but not limited to the following:
(A) Any activity, conduct, or condition deemed as a public nuisance under any provision
of the City Code;
(B) Any activity, conduct, or condition in violation of 1`~~irnesota State Statute 609.33;
(C) Any conduct, activity or condition constituting a violation of any Minnesota state law
prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or
(D) Any conduct, activity, or condition constituting disorderly conduct under Chapter
609 of Minnesota Statutes.
§ 8.804 REPEAT NUISANCE SERVICE CALL FEE.
(A) The Clty may Impose a repeat nuisance service call fee upon the owner and/or
occupant of a private property if the City has rendered services or responded to the property on
three or more occasions within a period of 365 days in response to or for the abatement of
nuisance conduct.
(B) The repeat nuisance service call fee will be set forth in a resolution approved by the
City Council. An additional amount may be imposed to reflect the salaries of police officers,
community service officers, animal control and/or code enforcement officers while responding to
or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city
equipment and property damaged as a result of the nuisance call, and the cost of any medical
treatment of injured officers.
(C) A repeat nuisance service call fee unposed under this Section will be deemed
delinquent if it is not paid within 30 days after the City mails the billing statement for the fee.
`I`he City will add a ten percent late penalty to a delinquent payment.
8.805 NOTICE.
(A) No repeat nuisance service call fee may be imposed against an owner or occupant of
property without first providing the owner or occupant with written notice of the two previous
nuisance service calls which are the basis for the fee. The written notice must:
(1) Identify the nuisance conduct that previously occurred on the property, and the
dates of the previous nuisance conduct; and
(2) State that the owner or occupant may be subject to a nuisance call service fee
if a third nuisance service call is rendered to the property for any further nuisance
conduct; and
(3) State that the City has the right to seek other legal remedies or actions for
abatement of the nuisance or compliance with the law; and
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(4) Be served personally; by U.S. Mail upon the owner or occupant at the last
known address; or by posting the subject property.
§ 8.806 RIGHT TO APPEAL.
(A) When the City mails the billing statement for the repeat nuisance service call fee, the
City will inform the owner or occupant of their right to request a hearing.
(B) The owner or occupant upon whom the fee is imposed must request a hearing within
ten (10) business days of the mailing of the billing statement, excluding the day the statement is
mailed. The request for a hearing must be in writing and delivered to the City Clerk. The
hear°ing will occur within thirty (30} days of the date of the request. If the owner or occupant
fails to request a hearing within the time and in the manner required under this Section, the right
to a hearing is waived.
(C) The hearing will be conducted by the City Council in an informal manner. The
Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After
considering all evidence submitted, the City Council will make written Findings of Fact and
Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service
fee. The City Council will serve the Findings of Fact and Conclusions upon the owner or
occupant by U.S. Mail within ten (10) days of the hearing.
(D) If the owner or occupant fails to appear at the scheduled hearing date, the right to a
hearing is waived.
(E) Upon waiver of the right to a hearing under subdivision (2) or (4) or upon service of
the City C.ouncil's Findings of Fact and Conclusions that the repeat nuisance call service fee is
warranted, the owner or occupant must pay the fee imposed within ten (10) days.
§ 8.807 LEGAL REMEDIES NONEXCLUSIVE.
Nothing in this Section will be construed to limit the City's other available legal
remedies, including criminal, civil, injunctive or others, for any violation of the la,v.
§ 8.808 APPLICABIILTY OF REPEAT NUISANCE SERVICE CALL FEE.
The City may not impose a repeat nuisance service call fee against an owner or occupant
for a police response relating to emergency assistance, including, but not limited to, domestic
spousal and child abuse.
§ 8.809 RECOVERY OF FEE.
(A} If a repeat nuisance service call. fee remains unpaid thil-ty (30} days after the billing
statement is sent by the City, it shall constitute:
(1) a lien on the real property where the violation occurred; or
3
(2) a personal obligation of the owner or occupant in all other situations.
(B) A lien may be assessed against the property and collected in the same manner as
taxes.
(C} A personal obligation may be collected by appropriate legal means.
452995 1
4
Weapons
A. A firearm is any weapon from which may be fired or ejected one or more solid
projectiles by means of a cartridge or shell by the action of an explosive or the ignition of
flammable or explosive substances. Firearms also include any weapons for ~~hich the said
propelling force is a spring, elastic band, carbon dioxide, air, or any gas or vapor. Firearms shall
include all shotguns, rifles and other longguns, pistols and revolvers, BB guns, air guns,
slingshots, and pellet guns, but shall not include a stud or nail gun commonly used in the
construction industry or children's popguns or toys.
B. No person, except a regular peace officer in the performance of his duties, shall
use, fire or discharge a firearm, as defined herein, within the city.
C. Facsimile firearm means any object which is a replica of an actual firearm, which
substantially duplicates an actual firearm, or which could reasonably be percei~~ed to be an actual
firearm, unless:
(1) The entire exterior surface of such object is colored white, bright red, bright orange,
bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the
predominant color in combination with other colors in any pattern; or such object is constructed
entirely of transparent or translucent materials which permits unmistakable observation of the
firearm's complete contents; and
(2) Such object shall have as an integral part, permanently affixed, a blaze orange
extension that extends at least six (6) millimeters from the muzzle end of the barrel of such
object; and
(3) Such. object does not have attached thereto a laser pointer.
"Facsimile firearm" does not include any actual firearm as otherwise regulated by the terms of
this Code or the Minnesota Statutes.
I~. It shall be unlawful for any person within the city to carry on or about his person
in a public place or transport in any vehicle in any public place any weapon or facsimile firearm,
except the transportation of any weapon or facsimile firearm in or upon any motor vehicle in a
secured container or in the locked truck of such vehicle.
The provisions of this section shall not be applicable to the transport of weapons or facsimile
firearms by persons who are regularly engaged in the lawful manufacture, distribution or sale at
retail or wholesale of weapons or facsimile firearms, or the agents of any of them while engaged
in such business; to the carrying or transport of weapons or facsimile firearms by licensed, full-
time peace officers, law enforcement officers or military personnel while in the course of their
duties; to persons holding a permit to carry a firearm acting within the scope of such permits; to
any officer of a state adult correctional facility when on guard duty or otherwise engaged in an
assigned duty.
E. The Columbia Heights Police Department may impound any weapon which is
used in violation of divisions (A) or (B), or M.S. §609.99, as it may be amended from time to
time, which comes into its possession as lost and found property, or which otherwise comes
legally into its possession.
F. The weapon may be surrendered to the rightful owner upon such owner furnishing
proof of ownership and providing that no charges are pending against the rightful owner arising
from the possession or use of that weapon and providing that the rightful owner is otherwise
entitled to the return of the said weapon.
G. Any weapon impounded by the city and which remains unclaimed by the owner
of a period of 60 days maybe sold or otherwise disposed of as approved by the City Council
following 10 days published notice in the legal newspaper of the city prior to such sale or other
disposal.
H. All proceeds realized from the sale or disposal of impounded weapons shall either
be deposited in the general fund of the city, or, if approved by the City Council, traded for other
equipment for the Police Department. Upon furnishing proof of ownership of a weapon which
has been sold or otherwise disposed of pursuant to this section, the true owner thereof may
recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the
weapon has been traded and a valid claim is made pursuant to this section, the city shall
reimburse the owner of the weapon in an amount equal to the fair market value of the said
weapon at the time of the trade. Any payments recovered hereunder shall be made from the
general fund. Provided, that no such owner may recover or bring any action to recover such
payment unless such owner does so within a period of six months following the date of the sale
of the weapon. ('77 Code, § 10.307) (Am. Ord. 1006, passed 10-25-82) Penalty, see §10.401