HomeMy WebLinkAbout05-24-1993AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS MONDAY, MAY 24, 1993, 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH A VENUE NE
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of
Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City
Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only)
1.Call to Order and Roll Call
2.Pledge of AllegianceI pledge allegiance to the flag of the United States of America and to the Republic for which it stands,one Nation under God, indivisible, with liberty and justice for all.3.Consent Agenda
(All items listed with asterisks[***] are considered to be routine by the City Council and will be enactedas part of the Consent Agenda by one motion.)***4. Minutes of Previous Meeting(s) 5.Open Mike/Proclamations/Presentations
(Open Mike is an opportunity for residents to address or raise any issue to the City Council. However,
the City Council asks that the resident provide their name, address, and a st�.tement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, reside_p,ts wm '--.. ;iotted five minutes to present their statement or issue.) Q.__ _e_µbli,. u; ==-� ul{St urcli nances & Resolut ions
a.Second Reading of Ordinance No. 1261, Being an Ordinance Amending Ordinance No. 853, City
Code of 1977, as amended, pertaining to Flood Plain (Re-adoption necessary to be consistent withpublic hearing requirements)
b.Second Reading of Ordinance No. 1263, Being an Ordinance Amending Ordinance No. 853, City
Code of 1977, Pertaining to the Library Board
c.Resolution 93-__ ; Being a Resolution Granting Preliminary Approval to the Consolidation Process
of the Columbia Heights Police Department Relief Association, Paid Division, with the PublicEmployees Retirement Association of Minnesota
d.Resolution 93-__ ; Being a Resolution Granting Authorization to Enter into an Agreement withthe Regional Transit board for Para -Transit Assistance Service Fundse.Other Ordinances and Resolutions7.Communications
a.Planning and Zoning Commission
1.Conditional Use Permit/Variance, 4911 Central Avenue NE, Robert Proft
2.Conditional Use Permit, K-Mart, 4747 Central Avenue NEb.Other Communications8.Old Businessa.Other Old Business
9.New Business
a.Award of Sealcoat Bids -Project 9301... b.Advertising at Top Valu
c.Soft Body Armor -Police Department
d.Other New Business
10.Reports
a.Report of the City Managerb.Report of the City Attorney** • 11. Licenses u•12. Payment of Bills
Adjournment
93/61
Pat Hentges City Manager
Mayor
Donald J. Murzyn, Jr.
Councilmembers
Sean T. Clerkin
Bruce G. Nawrocki
Gary L. Peterson
Robert W. Ruettimann
City Manager
Patrick Hentges
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N. E.
Columbia Heights, MN 5542J
(612)782-2800
...
LINDA MAGEEASSISTANT TO CITY MANAGER
May 21, 1993
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, May 24, 1993, in the City Council Chambers of City Hall at 590 40th A venue NE, Columbia Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only)
�all 10 O,de, and Roll Call � ��)('
Pledge of Allegiance f V I �ledge allegiance to the flag of the United States of America and to the Republic for bich it stands, one Nation under God, indivisible, with liberty and justice for all.
itrv
_f� �-t'Co�sent Agenda J/ � · q b U (All items listed with asterisks[***] are considered to be rout e by the Ci will be enacted as part of the Consent Agenda by one motion.)
OMMENDED MOTION: Move to adopt the consent agenda items as indicated with asterisk (***)on the Regular Council Agenda.
-11 II 1, in_utes of Previous MeetmR.LS
@1fl,e_,t;g�f,.....�ECOMMENDED MOTION: Move to adopt the minutes of the Continued Board of -·"' � t�)J ' Review of April 19, 1993, the Public Imprm 'I/� �ti}"--/;[:. �egular Co°:ncil Meeting of May 10, 1993, as preseb!,ed �n wrjjing; and such readin�l1k"� lfV" h,,.,., Q__c L, dispensed with. ir( ,,,rJO , J Tu,-...7 ��" "' · 1
I cf'J�YVr-' rJft+� .. Ji� Jls.1:-. 0 en Mike P<_0clam tions P;esentations �/L9J1��c10 :YM°J-1 ()j/4 �
@) J'jy,J,-� and a statement of the item. The matte, wm be conside<ed by the City Council or referred /L f lfO U Lf C.O o--, to staff for a future response. In order to expedite�usin �s, reside.ntµ· will b _i}l}_ott_e d five _A,o/' �0, , minu;es to1present their statement o, issue.) -./-,,,_,,,-'::?{j) . 'ft'b"Luyr 1 bJ.. N----t� '/'if4,t/-,Jrri.A ,ruz71._ � f,\_ifl.,;_./ t>-/h 1-/3t;r" [ __, ��h
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COUNCIL AGENDA Page 2 Council Meeting of May 24, 1993
Second Reading of Ordinance No. 1261, Being an Ordinance Amending Ordinance of �77, as amended, pertaining to Flood Plain (Re-adoption q-fcessary to be co h�ring requirements)
ECOMMENDED MOTION: Move to adopt Ordinance No rdinance No. 853, City Code of 1977, as amended, pertaini Being an Ordinance Amending to Flood Plain.
Second Reading of Ordinance No. 1263, Being an Ordinance 1,mendin�Ordinance No. 853, City Codeof 1977, Pertaining to the Library Board -J �---() J RECOMMENDED MOTION: Move tortv�taeMlf'i� of the ordtnance, the
@
e bei ample. copies )available for the public. r_,,,u--\..-�tJ�/RE�OMMENDED M�TION: Move to adop! <;>rdinance N_o. 1263, Being),fit. i . ce mending Ordinance No. 853, City Code of 1977, Pertaining to the L1brary_Atoarid./�
Resolution 93-__ ; Being a Resolution Granting Prelimi�roval to the Consolidation Process of the Columbia Heights Police Department Relief A,r;l[. on, Paidj Divisio ]n, :with the Public Employees Retirement Association of Minnesota ,,..._ • _ _ 11d f ./ DRECOMMENDED MOTION: Move to waive the reading �e r�s · tion, the!... ing ample copies available for the public. J-[) · ) RECOMMENDED MOTION: Move to adopt Resolution 93-· eing a Resoluti�ranting Preliminary Approval to the Consolidation Process of the Columbi Heights Police Department Relief
�ssociation, Paid Division, with the Public Employees Retireme t Association of Minnesota
esolution 93-__ ; Being a Resolution Granting Authorization to,Enter into an Atiilgreem Int with the egiona1 Transit board for Para-Transit Assistance 1ervice Funds
RECOMMENDED MOTION: Move to waive the r�ding of the res 1,/J..1 n��pie available fo, the public. . \ v· '7 ___/ ENDED MOTION: Mov�-t? --����,�-tesolution 93-Resolution of the City of �tio\ to Enter into Agreement with the Regional
\.
ning and Zoning Commission
1conditional Use Permit/Variance, 4911 Central Avenue NE Robert Proft (Carried over to this meeting by request of Mr. Proft)
RECOMMENDED MOTION: Move to deny the request for a Conditional Use Permit and
COUNCIL AGENDA tµ,,.,,.--'1:.1 q,'�A • .J-1;.JnJJ.-y---, i 1r Page 3 ,.. · ,.,, �-D (V1 '-'c:{J-lY" 0. I/ {, · ,.J Council Meeting of May];� fl ' � , A n , a• xi "V vr � j h,� . V cµv ·-10 vY':X,n,�,J'(v-'
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;:'?variance for 4911 Central A venue as the proposed use is not an approved use in the Reta� . Business District and does not meet the requirements for a home occupation. MOTION: Move to approve the Conditional Use Pefmit and variance for�, ntral A venue NE. / 1 J ; A /'o -��JA0�7.�:;) 2.Conditional Use Permit, K-Mart , _ � .../-, 4747 Central Avenue NE (Request for 25' x 25' temporary tent)_ _£: --1) 16A.... '36-y___y.vr/The minutes of the Special Meeting of the Planning and Zoninr;r £�ission being held on Monday, May 24,_ 6:00 PM, will be distributed at the R�la�_neting prior :;po a tion on this item. , ... nd <J: \ / ,t �-v ,. -�J,.,.'"' v . J� 1ications 8.Old Business?50the/dB �
5/b) RECOMMENDED MOTION: Move to awara P ject 9301 -1993 Sealcoating Area 1 (Northwest Quadrant) to Bituminous Roadways, Inc. based on t ir low responsible bid of $65,329.15 with funds to be appropriated from Fund #415, Assessable PIR F dj'and, furthermore, to authorize the Mayor �d City Manager to enter into an agreement for the same. dvertising at Top Vain ( -4.,.-/ )RECOMMENDED MOTION, �ize the Mayo, and City Manage, to ente, into an agreement w_ith the Twin Citie��eader for advertisements of liquor store merchandise and hours, at a cost ot to exceed $2,500, and to enter into an agreement with the City Pages for advertisements of quor store merchandise and hours, at a cost not to exceed $2,500. Soft Body Armor -Police Department ( � RECOMMENDED MOTION: Move to accept the quotation from Uniforms Unlimited f ten Point Blank FC20HL soft body armor vests at the low quotation of $408.25 each, an�to u ize police officers to purchase soft body armor vests under this quotation, with $1,340 bein ria]d from Fund 42100-5180, Police Department and the remaining $2, 742.50/'{1 c}J f[m tJ:i.e udget appropriation approved by Council at its April 26, 1993, meeting. LJ...., "7r -URECOMMENDED MOTION: Move to authorize the Finance Director to reim urs .officers in the htof $408.25 lo, the pu,chase of soft body a.mo,. , -0) Othe, New B usin� . _'J ,,,.;;;J; ,,,.ft)
ff\ � 6u4L -�J�� kA��� --{!IJ4,)t(/r-# �-ff'� l:9 t� 1/1-Jcid-� {J!jJf (Jj; ·;1_)if; t� rJ1'\.y � f?0 '/) .J�'-fYlcf}:-t:::;·,Af,..J/�{_a_/r � 0�/1..-GT'�(�s-o,)1�)6-1 L,)J/ C�1-}::.�V
COUNCIL AGENDA
Page 4
Council Meeting of May 24, 1993
10.Reports
a.Report of the City Manager
b.Report of the City Attorney
*'"*RECOMMENDED MOTION: Move to approve the 1993 license applications as listed upon payment of
proper fees.
ayment of Bills
ECOMMENDED MOTION: Move to pay the bills as listed out of proper funds.
Adjournment
RECOMMENDED MOTION: Move to adjourn.
PH:bj
93/61
Attachments
lj p·
Pat Hentges
City Manager
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OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CONTINUED BOARD OF REVIEW APRIL 19, 1993
The Continued Board of Review was ca�to order at 6:00 p.m. by Mayor Murzyn.
1.ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn -present
2.STATEMENT OF PURPOSE OF THE BOARD OF REVIEW
3.
To review concerns presented to the Board of Review Hearing ofApril 5, 1993 with regard to property valuations as of January2, 1993 and to consider adoption of the 1993 Assessment Rolls.
QUESTIONS AND ANSWERS REGARDING PROPERTY VALUATIONS
Representatives from Anoka County Assessor's Office presentwere Ed Thurston, Carroll McCain and Mary Boyle.
Thurston stated that all of the properties on the list of theApril 5th Board of Review, except those owned by Lee Stauch,were reviewed and staff is prepared to discuss them. The April19, 1993 report prepared by Carrol McCain was reviewed case bycase.
Ken Hentges, owner of Columbia Metal Fab, distributed a letterfrom the owner of Lange Tank and an amended statement from hisown business which gave the correct square footage of hisproperty and building.
Mr. Hentges cited a number of examples of buildings in theCity which appear to have a lower value placed on them and aresimilar to his building. He noted that the Cargill propertywould sel 1 for 55 cents per foot whereas his bui !ding wasplaced at $2.00 per square foot. Councilmember Nawrocki feltthe Cargill building was unusual as the company wanted to getrid of it quickly. He also noted that Hennepin County gave itto Columbia Heights at a "bargain" price of 55 cents for thesame reason.
Ms. Boyle advised that sales are used for comparisons.Councilmember Ruettimann inquired if comparables in othercities were used as there are many variables. Ms. Boyleresponded that other cities properties are used forcomparison.
Mr. Hentges noted there were some other situations whichshould impact on the valuation of a building. Ms. Boyle statedthat values are adjusted for location, building age, buildingsize and other factors.
CONTINUED BOARD OF REVIEWAPRIL 19, 1993 PAGE 2
Gary Dooner, owner of DuAll, stated that all that is being requested is fairness. He and Mr. Hentges did not agree that to be a comparable the building had to be sold. Ms. Boyle noted this is the standard used.
4.COUNCIL ACTIONS RE: SPECIFIC CASES
Motion by Nawrocki, second by Ruettimann to adopt theassessment rolls based on the recommendations made at thismeeting per the April 19, 1993 memo from Carrol McCain, AnokaCounty Appraiser.
Councilmember Peterson felt that some 39th Avenue propertyowners had done a tremendous amount of work to find anagreeable value for their properties based on comparables. Henoted that it appears that County personnel have been ratherslow in handling their responsiblities. He questioned whythere was such an extended delay.
Thurston responded that they are making a concerted effort butthese are complex properties to determine a fair value.
Councilmernber Ruettimann inquired what future actions theseproperty owners can take. Mr. Hentges advised that an appealmust be filed by May 15th.
June 17th is the date of the County's Board of Equalization.Councilmember Ruettimann inquired if the property owners from39th Avenue and County staff can meet by that date and res.olvesome of their differences. Mr. Thurston felt this waspossible.
Roll call: All ayes
5 . ADJOURNMENT
Motion by Nawrocki, second by Clerkin to adjourn the Continued Board of Review at 7:20 p.m. Roll call: All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL PUBLIC IMPROVEMENT HEARING APRIL 19, 1993
The Public Improvement Hearing was called to order at 8:00 p.m. by Mayor Murzyn.
1 .. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn -present
2.PURPOSE OF MEETING
3.
Public Improvement Hearing to consider two projects; sealcoating of streets in the Northwest Quadrant and hazardous sidewalk repair throughout the City.
SEALCOATING IN THE NORTHWEST QUADRANT
a.Presentation of Information by Staff
The Public Works Director explained the sealcoating procedure. He advised that the costs were estimates only and he reviewed the assessment policy. He also noted that if the bids came in ten percent higher than the estimates the hearing is reopened. Using an overhead, the area for sealcoating was reviewed. Streets which were not included in the project were noted by the Public Works Director.
Some residents present requested that City staff oversee this project as they felt there were projects done in the City which were not done well.
One resi<lent felt the costs should be paid by all residents rather than just those who live on the project's streets. Counci !member Ruet timann advised that the City Counci 1 is establishing a fund to cover the costs of very costly projects. Funds from this source would not be available for projects such as this sealcoating project.
Councilmember Nawrocki stated he is prepared to propose the engineering and administration costs associated with this project, which is about 15% of the total project costs, be paid by the City. He also indicated his intention to pursue having Anoka County perform the functions related to special assessments for the City. He sees this change as a potential cost saving.
An apartment owner felt having these improvements paid for from taxes was advantageous as they are tax deductible whereas assessments are not.
Assessment policies of other municipalities were discus·sed.
PUBLIC IMPROVEMENT HEARING APRIL 19, 1993 PAGE 2
b.Consideration of Resolution
Motion by Ruettimann, second by Clerkin to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes
Motion by Ruettimann, second by Nawrocki to add to the resolution a section which states that the Public Hearing will be reopened if the costs exceed the estimates by ten percent. Roll call: All ayes
Motion to amend by Nawrocki, second by Ruettimann that the policy would be that administrative and engineering costs will not be part of the assessment but will be paid by the City.
Councilmember Ruettimann stated his willingness to second this amendment is based on Councilmember Nawrocki's guarantee that if the fund is completely depleted the Council will put it back in the budget next year. Councilmember Nawrocki felt no one could make that guarantee.
Counc i !member Ruet t imann a 1 so had concern with approving using monies from this fund without knowing the actual costs for this project.
Councilmember Nawrocki felt the administrative and engineering costs would total approximately $30,000 as stated in the estimates. The fund has about $300,000 in it which he felt is more tha'n enough money to start implementing a ·policy of paying a portion of assessment costs.
Councilmember Peterson inquired if Councilmember Nawrocki would be inclined to pay the administrative and engineering costs for every future assessable project. Councilmember Nawrocki responded he would have no problem with that.
Roll call on the amendment: All ayes
RESOLUTION NO. 93 -17
BEING A RESOLUTION ORDERING IMPROVEMENTS
BE IT HEREBY RESOLVED by the City Counci 1 of the City of Columbia Heights on the 8th day of February, 1993 ordered notice of a hearing to be given to property owner, and
WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 19th day of April, 1993, and
PUBLIC IMPROVEMENT HEARING APRIL 19, 1993 PAGE 3
WHEREAS, the Council determines to proceed �ith this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1.That the location and extent to such improvements is asfollows:
Seal coating streets of al 1 bituminous City streets in the Northwest Quadrant of the City (Area I) or that part bounded by but not including University Avenue Service Road on the west, 44th Avenue N.E. on the south, Central Avenue on the east and 53rd Avenue N.E. on the north. The boundary streets between the Cities of Columbia Heights and Hilltop are included in the project.
Work would include selective concrete curb and gutter replacement, bituminous surface patching and sealcoat application.
2.That the materials to be used are as follows:
Miscellaneous concrete curb repair, bituminous patching, asphalt emulsion and sealcoat aggregate.
3.That a careful estimate of the cost of the improvementshas been made by the City Manager and the several lotsand parcels of land fronting upon and adjacent to suchproposed improvements, which be deemed benefittedthereby, were properly notified of said hearings, and
4.That the City Manager shall also list the names andowners of the several parcels so improved as nearly ascan be ascertained.
5.That the City Manager shall proceed with taking of bidsfor the improvements, or portions of the improvements asstated herein.
6.These improvements shall also be known as P.I.R. #886 -Project 9301.
7.If the cost, after receiving the bids, exceeds 10% of theestimate, the public hearing will be reopened.
8.That the policy would be that administrative andengineering costs will not be part of the assessment butwill be paid by the City.
PUBLIC IMPROVEMENT HEARING APRIL 19, 1993 PAGE 4
Passed this 19th day of April, 1993. Offered by: Ruettimann Seconded by: Clerkin Roll call: All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
4.HAZARDOUS SIDEWALK REPAIR
a.Presentation of Information by Staff
Mark Winson, Public Works Director, reviewed the criteria for a hazardous sidewalk designation. He also explained the policy for a property owner installing his/her own sidewalk and the permit requirements.
The Counci 1 received a copy of a city map detai 1 ing the proposed replacement of sidewalk. A list was in the agenda packet which included comments/remarks received by property owners who will be affected by this project.
Councilmember Nawrocki advised he cannot approve the project the way it is being proposed. He feels that only ten percent of those sidewalks in the project need to be done.
b.Discussion on Policy/Proposal by Residents
3942 Second Street: Property owner felt his sidwalk was damaged �hen the sewer was put in which he reported to the City in 1973.
1011 43rd Avenue: Feels this avenue should be exempted as half of it has sidewalk and half of it does not. She noted that some of the residents want all of the sidewalk removed and replaced with sod. The City Manager advised that a petition to this affect should be presented to the Council at a regular counc i 1 meeting.
947 43rd Avenue: Wants sidewalk removed but wants new curbs.
4024 Fifth Street: Felt the sidewalk was fine until new street was put in.
964 42nd Avenue: He still has a balance on his last assessment.
4428 Madison Street: This person is on a fixed income and received two assessment statements in the same mail.
PUBLIC IMPROVEMENT HEARING APRIL 19, 1993 PAGES
Councilmember Ruettimann suggested that perhaps the HRA could be of help to this resident in pursuing grant funds. Councilmember Nawrocki received a call from the property owner at 4345 Fifth Street who is in similar circumstances.
3811 Tyler Street: This property owner wants his sidewalk repaired.
4034 Sixth Street: The sidewalk at this address is not broken but rather heaved because of an elm tree. She would prefer to leave the sidewalk in its present condition until the tree is removed.
3991 Resevoir Boulevard: She wants her sidewalk repaired.
4940 Washinr.ton Street: Wants his sidewalk left alone.
!219 Jackson Street: He has observed some sidewalk in poorcondition which has not been marked for repair.
Councilmember Ruettimann inquired if some property owners who want their sidewalk repaired could purchase off the City's concrete contract if this project is denied. The Public Works Director responded this is possible.
Motion by Clerkin, second by Nawrocki to deny the hazardous sidewalk project and to direct staff to send a letter to each parcel regarding the denial and if the property owner would like so�e work done they should notify staff to include their request in the miscellaneous concrete proposals. Roll call: Nawrocki, Clerkin, Ruettimann, Peterson -aye Murzyn -nay
Motion by Ruettimann, second by Peterson to authorize staff to solicit bids for the 1993 Miscellaneous Concrete Project. Councilmember Ruettimann requested staff not to go out for bids until ample time, about two weeks, has passed after the letters regarding the project denial are sent to affected property owners. Roll call: All ayes
S . ADJOURNMENT
Motion by Ruettimann, second by Peterson to adjourn the Public Improvement Hearing at 11:15 p.m. Roll call: All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 10, 1993
The Council Meeting was called to order at 7:00 p.m. by Mayor Murzyn.
1.ROLL CALL
2
3.
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn -present
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
The following items were approved on the Consent Agenda:
Approval of Minutes of Previous Meeting The Council approved the minutes of the April 26, 1993 Regular Council Meeting as presented and there were no corrections.
Special Purpose Fence -Pat Peters, 3839 Second Street The Council approved the six foot high special purpose fence for 3839 Second Street.
Special Purpose Fence -Harold Price, 4022 Jefferson Street The Council approved the six foot high special purpose fence at 4022 Jefferson Street provided the property markers are visible and the fence is installed a minimum of six inches inside t�e south property line.
Special Purpose Fence -Rebecca Lundberg, 4441 Jefferson Street The Council approved the six foot high special purpose privacy fence for 4441 Jefferson Street.
Request for Removal of "2 Hour Parking" Signs The Council approved the removal of the "2 Hour Parking" signs on Fifth Street from Mill Street to 40th Avenue, based on the recommendation of the Traffic Commission.
Request for "Handicapped Parking Only" Sign The Council approved the installation of as Parking Only" sign at 4216 Seventh Street recommendation of the Traffic Commission.
Permits for 1993 Jamboree
"Handicapped based on the
The Council authorized staff to close Jefferson Street from Monday afternoon, June 22nd through June 27, 1993
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 2
The Council authorized the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 25, 1993, at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue; west on 40th Avenue to Fifth Street; and Fifth Street to Mill Street.
Fourth of July Fireworks The Council authorized staff to seek bids for the Fourth of July fireworks display.
License Applications The Council approved the license applications as listed upon payment of proper fees.
Payment of Bills The Council approved the payment of the bills as listed out of proper funds.
4.APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as presented. Roll call: All ayes
5.OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Proclamation Mayor Murzyn read a proclamation designating the month of May as "OLDER AMERICANS MONTH" in Columbia Heights. He presented the proc'lamation to representatives of the Senior Center and Karen Moeller, Senior Citizen Coordinator.
Open Mike A resident who lives at 4630 Fillmore Street stated his opinion as to how some of the problems in his neighborhood are being handled. He suggested that more pressure be put on the landlords in the area.
Councilmember Ruettimann advised him of the recently passed ordinances which have proven quite effective in changing some conduct. The City Manager also noted that there is a need for cooperation between the citizens and area residents.
The resident who lives at 1945 Argonne Drive gave the details of her experiences with a SACA client who lives in the area. She noted that the living conditions in her client's apartment were less than desirable .. She also stated that many apartment dwellers are unable to get their damage deposit returned when it appears that it is being· unjustifiably held by the landlord.
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 3
This resident suggested that a third party should become involved when apartments are rented. She felt the tenant needed protection in renting so they would not be losing their deposits for reasons they do not understand.
Councilmember Ruettimann suggested the tenant talk to the City Attorney regarding drafting a document which would allow a third party to become involved.
Motion by Nawrocki, second by Peterson to direct the City Manager, City Attorney, the HRA Director and the HRA legal counsel to draft a document regarding deposits charged by landlords. Roll call: All ayes
Councilmember Nawrocki is of the opinion that the inspections of Section 8 units are ineffective and have low standards. He stated that inspections required by the City's Housing Maintenance Code ordinance are done on a 12 to 18 month basis and are much more effective.
Councilmember Ruettimann felt it is unfortunate that so much Section 8 housing is located in a small area in the City.
6.PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a.Second Reading of Ordinance No. 1266 -Refunding BondsCounci I member Nawrocki referred to a section of the CityCharter which addressed the requirements for public notice ofan ordinance. He felt more specific language was needed inresol ut i,_on form. The City Manager stated he wi 11 draft aresolution for the next Council Meeting.
Motion by Nawrocki, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes
ORDINANCE NO. 1266
ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $735,000 GENERAL OBLIGATION TAXABLE REFUNDING BONDS, SERIES 1993A
The City of Columbia Heights does ordain:
1.It is hereby determined that:
(a)The City is authorized by Minneota Statutes, Chapter 475(Act) and Section 475.67� Subdivision 3, of the Act to issueand sell its general obligation bonds to refund obligationsand the interest thereon before the due date of the
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 4
obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment;
(b)Subdivision 4 of the Act permits the sale of refundingobligations during the six month period prior to the date onwhich the obligations to be refunded may be called forredemption;
(c)It is necessary and desirable to reduce debt service coststhat the City issue approximately $735,000 General ObligationTaxable Refunding Bonds, Series 1993A (Bonds) to refundcertain outstanding general obligations of the City;
(d)The outstanding bonds to be refunded (Refunded Bonds)consist of the $1,100,000 General Obligation Taxable TaxIncrement Bond of 1987, Series A, dated August 1, 1987, ofwhich $710,000 in principal amount is currently callable onAugust 1, 1993.
2.To provide moneys to refund the Refunded Bonds, the Citywi 11 issue and sel 1 Bonds in the approximate amount of$727,650. To provide in part the additional interest requiredto market the Bonds at this time, additional Bonds will beissued in the amount of $7,350. The excess of the purchaseprice of the Bonds over the sum of $727,650 will be creditedto the debt service fund for the Bonds for the purpose ofpaying interest coming due on the additional Bonds. The Bondswill be issued, sold and delivered in accordance with· theterms of the following Official Terms of Offering:
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$735,000*
CITY OF COLUMBIA HEIGHTS, MINNESOTA
GENERAL OBLIGATION TAXABLE REFUNDING BONDS, SERIES 1993A
DETAILS OF THE BONDS
The Bonds will be dated July 1, 1993, as the date of oriqinal issue, and will bear interest payable February 1 and August 1
REGULAR COUNCIL MEETING MAY 10, 19 93 PAGE 5
of each year, commencing February 1, 1994. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principl will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month.
The Bonds will mature February 1 in the years and amounts as follows:
1994 -$160,000 1997 -$200,000 1995 -$185,000 1996 -$190,000
*The City reserves the right, after the proposal is received,to increase or reduce the principal amount of the Bondsoffered for sale. Any such increase or reduction will be in atotal amount not to exceed $10,000 and will be made inmultiples of $5,000 in any of the maturities.In the event theprincipal amount of the Bonds is increased or reduced, anypremium offered or any discount taken will be increased orreduced by a percentage equal to the percentage by which theprincipal amount of the Bonds is increased or reduced.
OPTIONAL REDEMPTION
The Bonds will not be subject to payment in advance of their respective stated maturity dates.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment revenues generated from the City's "Downtown C.B.D. Revitalization Project." The proceeds will be used to refund the 1994-1997 maturities, totaling $710,000 of the City's General Obligation Taxable Tax Increment Bonds of 1987, Series A.
TAXABILITY OF INTEREST
The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 6
Corporate and bank excise taxes measured by net income.
TYPE OF PROPOSALS
The Proposal shall be for not less than $727,650 and accrued interest on the total principal amount of the Bonds. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted.
3.Springsted Incorporated negotiated the sale and purchase ofthe Bond in accordance with the forgoing terms with Miller &Schroeder Financial, Inc. The City Council will meet toconsider the sale of the Bonds and take any other appropriateaction with respect to the Bonds.
4.This ordinance shall be in full force and effect from andafter thirty (30) days after its passage.
First reading: Second reading: Date of passage:
Offered by: Seconded by: Roll call:
Apri 1 26, 1993 May 10, 1993 May 10, 1993
Nawrocki Peterson All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
ATTEST:
City Clerk-Treasurer
b.First Reading of Ordinance No. 1261, Flood PlainThis ordinance was adopted by the City Council on March 8,1993. Re-adoption is necessary to be consistent with publichearing requirements.
Motion by Ruettimann, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 7
ORDINANCE NO. 1261
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO FLOOD PLAIN
Ordinance No. 1261 is available in its entirety for public review at the City Manager's Office, Mayor's Office, Library, Pol ice Department, Recreation Department, Housing and Redevelopment Authority, Public Works Department and the Assessing Department.
Motion by Ruettimann, second by Clerkin to schedule the second reading of Ordinance No. 1261 for May 24, 1993. Roll call: All ayes
c.Resolution No. 93-18; Being a Resolution EstablishingPrecinct Boundaries and Designating Polling PlacesCouncilman Nawrocki stated his opposition to the ordinance in that it would cease using the Prestemon Park Building as a polling place. He noted that there is a large number of senior citizens who live in the immediate area of this building and they may find it difficult to vote at another location.
Motion by Nawrocki to make no change in the number of polling places in the City. Motion dies for lack of a second.
Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 93-18
ESTABLISHING PRECINCT BOUNDARIES AND DESIGNATING POLLING PLACES
WHEREAS, the Columbia Height's City Counci I previously adopted Resolution 76-65 which established precinct boundaries for the City of Columbia Heights, and
WHEREAS, on December 10, 1992, the City Council adopted Resolution 92-41 adopting the 1993 budget and reducing the election department budget from nine (9) precincts to eight (8)precincts,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, in compliance with the terms and provisions of Minnesota Statutes sections 204B.14 and 204B.16 that eight (8) precincts be established and that the following precinct boundaries and polling places are hereby established:
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 8
Precinct 1 described as follows: Beginning at the intersection of 44th and Main Street, south along the center line of Main Street to 40th Avenue, west along the center line of 40th Avenue to the west boundary of Columbia Heights, south along the western boundary of Columbia Heights to 37th Avenue, east along the center line of 37th Avenue to 5th Street, north along the center line of 5th Street to 39th Avenue, northeast along the center 1 ine of 39th Avenue to Jefferson Street, north along the center 1 ine of Jefferson Street to 40th Avenue, west along the center line of 40th Avenue to 7th Street, north along the center 1 ine of 7th Street to 44th Avenue, west along the center line of 44th Avenue to the center line of Main Street.
The polling place for Precinct 1 shall be John P. Murzyn Hall located at 530 Mill Street.
Precinct 2 described as follows: Beginning at the intersection of 44th Avenue and 7th Street, south along the center line of 7th Street to 40th Avenue, east along the center line of 40th Avenue to Jefferson Street, south along the center line of Jefferson to 39th Avenue, west along the center line of 39th Avenue to 5th Street, south along the center line of 5th Street to 37th Avenue, east along the center line of 37th Avenue to Central Avenue, north along the center line of Central Avenue to 44th Avenue, west along the center line of 44th Avenue to the center line of 7th Street.
The polJing place for Precinct 2 shall be NQrthwestern Electronics Institute located at 825 41st Avenue N.E.
Precinct 3 described as follows: Beginning at intersection of 42nd Avenue and Central Avenue, south along the center line of Central Avenue to 37th Avenue, east along the center line of 37th Avenue to Hayes Street, north along the center line of Hayes Street to 40th Avenue, west along the center line of 40th Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to 42nd Avenue, west along the center 1 ine of 42nd Avenue to the center 1 ine of Central Avenue.
The polling place for Precinct 3 shall be Parkview Villa located at 965 40th Avenue N.E.
Precinct 4 described as follows: Beginning at the intersection of 42nd Avenue and Central Avenue, east along the center line of 42nd Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to McLeod Street,
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 9
west along the center line of McLeod Street to north along the center line of McLeod Street to 45th Avenue, west along the center line of 45th Avenue to southwest corner of Keyes Park, north along the western boundary of Keyes Park to 46th Avenue, east along the center line of 46th Avenue to the Minneapolis Water Works, north along the boundary of the Minneapolis Water Works to 49th Avenue, west along the center line of 49th Avenue to Fillmore Street, northwest along the center line of Fillmore Street to 50th Avenue, west along the center line of 50th Avenue to Central Avenue, south along the center 1 ine of Central Avenue to the center 1 ine of 42nd Avenue.
The polling place for Precinct 4 shall be Highland Elementary School located at 1500 49th Avenue N.E.
Precinct 5 described as follows: Beginning at the intersection of Hayes Street and 37th Avenue, east along the center line of 37th Avenue to Stinson Boulevard, north along the center line of Stinson Boulevard to 45th Avenue, west along the center line of 45th Avenue to the Minneapolis Water Works, west along the southern boundary of the Minneapolis Water Works to Keyes Park, west along the southern boundary of Keyes Park to McLeod Street, south along the center line of McLeod Street then east along the center line of McLeod Street to Reservoir Boulevard, southwest along the center line of Reservoir Boulevard to 40th Avenue, east along the center line of 40th Avenue to Hayes Street, south along the center line of Hayes Street to the center line of 37th Avenue.
The polling place for Precinct 5 shall be Shi I oh-Bethany Church located at 4301 Benjamin Street N.E.
Precinct 6 described as follows: Beginning at the intersection of Stinson Boulevard and 45th Avenue, north along the center line of Stinson Boulevard to the northern boundary of Columbia Heights, west along the northern boundary of Columbia Heights to Central Avenue, south along the center line of Central Avenue to 50th Avenue, east along the center line of 50th Avenue to Fillmore Street, southeast along the center line of Fillmore Street to 49th Avenue, east along the center line of 49th Avenue to Johnson Street, south along the western border of the Minneapolis Water Works to 46th Avenue, west along the center line of 46th Avenue to northwest corner of Keyes Park, south along the western boundary of Keyes Park to 45th Avenue, east along the center line of 45th Avenue to the southern boundary of Minneapolis Water Works, east along
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 10
the southern boundary of Minneapolis Water Works to 45th Avenue, east along the center line of 45th Avenue to the center line of Stinson Boulevard.
The polling place for Precinct 6 shall be Highland Elementary School located at 1500 49th Avenue N.E.
Precinct 7 described as follows: Beginning at the intersection of 7th Street and 44th Avenue, east along the center line of 44th Avenue to Central Avenue, north along the center line of Central Avenue to 53rd Avenue, west along the center line of 53rd Avenue to 7th Street, south along the center line of 7th Street to the center line of 44th Avenue.
The polling place for Precinct 7 shall be Valley View Elementary School located at 800 49th Avenue N.E.
Precinct 8 described as fol lows: Beginning at the intersection of Main Street and 44th Avenue, east along the center 1 ine of 44th Avenue to 7th Street, north along the center line of 7th Street to 53rd Avenue, west along the center line of 53rd Avenue to University Avenue, south along the center line of University Avenue to 45th Avenue, west along the center line of 45th Avenue to Main Street, south along the center line of Main Street to the center line of 44th Avenue.
The polling place for Precinct 8 shall be Valley View Elementary School located at 800 49th Avenue N.E.
Passed the 10th day of May, 1993
Offered by: Seconded by: Roll call:
. Peterson Ruettimann Clerkin, Ruettimann, Peterson, Murzyn -aye Nawrocki -nay
d.Resolution No.93-19: Being a Resolution AdjustingSalaries to Comply with Pay Equity
Councilmember Nawrocki observed that the more expensive route was taken by staff to solve the equity problem. The City Manager stated that the future of the pay equity issue could be volatile so staff chose the higher level of compliance.
Motion by Nawrocki that this resolution be referred back to the City Manager for review and return to the Council with a plan that would keep the compliance level at 80%. Motion fails for lack of a second.
REGULAR COUNCIL MEETING MAY 10, 19 93 PAGE 11
Motion by Peterson, second by Clerkin to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 93-19
RESOLUTION ADJUSTING SALARIES TO COMPLY WITH PAY EQUITY
WHEREAS, the City of Columbia Heights submitted a pay equity report to the Minnesota Department of Employee Relations as required by the Local Government Pay Equity Act and Minnesota Rules;
WHEREAS, the report was found to not meet certain requirements, resulting in a non-compliance ruling,
WHEREAS, the City of Columbia Heights can make adjustments to meet the requirements and submit a new report by June 30, 1993,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights hereby adjusts and establishes new salary ranges for certain position classifications for 1993 and 1994, as indicated on Schedule C, a copy of which is available at the Office of the City Manager, effective May 24, 1993, in order to comply with the provisions of pay equity;
BE IT FURTHER RESOLVED that the City Council authorizes and directs , the City Manager to submit a new report to the Departme�t of Employee Relations no later than June.30, 1993.
Passed this 10th day of May, 1993.
Offered by: Seconded by: Roll call:
Peterson Clerkin Clerkin, Ruettimann, Peterson, Murzyn -aye Nawrocki -nay
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
7.COMMUNICATIONS
a.Planning & Zoning Commission
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 12
Minutes of the May 4, 1993 P & Z Commission meeting were included in the agenda packet. No Council action was required.
b.Traffic Commission
Minutes of the May 3, 1993 Traffic Commission meeting were included in the agenda packet. No Council action was required.
c.Funding for Fourth of July Fireworks
Councilmember Nawrocki hoped there will be an attempt by the Park and Recreation Commission to obtain funding from civic and community organizations for the costs associated with the Fourth of July fireworks.
Councilmember Ruettimann noted that the City Manager and the Recreation Director have been directed to pursue this funding. The City Manager mentioned that the fireworks are an unbudgeted item so funds would have to be solicited.
d.Vacancy on Traffic Commission
Councilmember Clerkin advised that the Traffic Commission has only two members remaining. Mayor Murzyn requested this be an agenda item for the Council work session on May 25th.
e.Councilmember Nawrocki 's Statement
Councilmember Nawrocki read the following statement:
STATEMENT BY COUNCILMEMBER BRUCE NAWROCKI REGARDING THE COUNCIL'S ACTION OF APRIL 26, 1993, TO AUTHORIZE A $12,575.00 EXTRA TO THE HONEYWELL ENERGY MANAGEMENT PROGRAM CONTRACT.
I opposed this action of the City Council because I believe that the contractual relationship between the City and Honeywell did nor provide for any change orders.
The Honeywell proposal accepted by the Council at its meeting of November 9, 1992, was a "lump sum proposal." That is, Honeywell agreed to perform a list of tasks, which included the retrofit of pump station number 2, for a fixed amount of money, $843,430.00 plus $53,324.00 per year for seven years, with the $53,324.00 subject to an annual escallation clause.
The agreement between the City and Honeywell had no provisions for change orders, either additions or deletions. Just as the City would have no basis for claiming a deduct from the lump sum price should Honeywell recelve a windfall because
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 13
something worked out at less cost to them then they may have anticipated, so should Honeywell not be entitled to an extra when things may have worked out at greater cost to them than they anticipated.
Should either the City or Honeywell have desired consideration of change orders to be part of the agreement, then the agreement should have spelled out a process, criteria, and detailed unit pricing for handling change orders. The City Attorney, when asked at the April 26, 1993 meeting, if the agreement between the City and Honeywell contained any provision which would require the City to pay this extra, indicated that it did not.
Because the City did not obtain any competitive pricing for this agreement or require any detailed unit prices for the work involved, and because of the "confidential proprietary" restrictions Honeyweel placed on the work they did prepratory to making their proposal, as indicated in their document of August 3, 1992, the City was in fact placed at a very severe disadvantage in trying to make any rational judgement on any change orders that might be proposed.
8.OLD BUSINESS
Sharing of Equipment with St. Anthony Village
Councilmember Nawrocki noted that St. Anthony Village had used the City's vactor. Columbia Heights had used the auger of the Village previously. He observed that the Council had recentiy authorized the purchase of an expensive auger. When it had been suggested that perhaps we could borrow this equipment from another city, staff responded there were too many impracticalities to this procedure. He requested additional information regarding this issue from the Public Works Director.
The City Manager stated that a more clear understanding of reciprocal arrangements must be addressed.
Mayor Murzyn felt very good judgement was used by staff to come to the aid of St. Anthony with this equipment.
9.NEW BUSINESS
a.Removal of Two Decorative Arbors at Sullivan Lake Park
REGULAR COUNCIL MEETING MAY 10, 1993 PAGE 14
Motion by Peterson, second by Nawrocki to deny authorization to seek reroofing the Sullivan Lake Park shelter; and furthermore to concur with the recommendation of the Park and Recreation Commission to remove one arbor section at each end of the picnic shelter and to reuse the salvaged material at another location, if appropriate. Roll call: All ayes
10.REPORTS
a.Report of the City Manager
The City Manager's report was submitted in written form and the following items were discussed:
37th & Stinson Boulevard Beautification Project: The City Manager advised that donations have been received from the St. Anthony Lions Club for this project.
38th & Stinson Boulevard -Crosswalk: Councilmember Ruettimann requested a status report on the pedestrian crosswalk being considered for 38th and Stinson Boulevard.
He also noted there are high weeds on property on Fifth Street at 38th Avenue. He requested staff to research whether this property is owned by the railroad or the City.
Economic DeveloRment Councilmember Nawrocki these two items.
NSP · Comunity Investment Program: requested additional information on
Charter '.Commission Meeting: Councilmember Nawrocki advised there is a Charter Commission Meeting scheduled for Tuesday, May 18th. He requested that notices of this meeting be sent to members of the Police and Fire Civil Service Commission.
b.Report of the City Attorney
The City Attorney had nothing to report at, this time.
ADJOURNMENT
Motion by Peterson, second by Ruettimann to adjourn the · meeting at 9:20 p.m. Roll call.: All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
CITY OF COLUMBIA HEIGHTS
AGENDA SECTION: ORDINANCES & RESOLUTIONS
NO: 6
ITEM: ORDINANCE NO. 1261, PERTAINING
NO: '. A. TO FLOOD PLAIN
MEETING OF: May 24, 1993
ORIGINATING DEPARTMENT:
CITY MANAGER'S
BY: P. HENTGES
DA TE: 05/21/93
CITY MGR
APPROVAL
B
Attached please find a copy of Ordinance No. 1261 that was adopted by this body on March 8,
1993. A copy of the adopted Ordinance along with the published council minutes of February
22, 1993 were forwarded to the State of Minnesota DNR-Division of Waters as is required by the
State. The DNR-Division of Waters is the state agency that will be assisting the city in the
administration of the Flood Plain Ordinance. After reviewing the forwarded documentation, the
state contacted this office and indicated that the Ordinance must be published. The need for a
published notice of public hearing was not clear. The State has indicated that we must readopt
Ordinance 1261 with a new effective date of June 23, 1993.
A notice of public hearing, to be held on May 24, 1993, was forwarded to the Focus News and
published in the May 11th edition. No changes have been made to the Ordinance and its
readoption is required and will be made in exactly the same form. The primary concern of the
DNR-Division of Waters is that a public hearing with published notice be given in order to
prevent any later challenges to the validity of the Ordinance's adoption.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample
copies available for the public.
RECOMMENDED MOTIO.N: Move to adopt Ordinance No. 1261, Being an Ordinance Amending
Ordinance No. 853, City Code of 1977, as Amended, Pertaining to Flood Plain.
LEGAL NOTICE
PLEASE TAKE NOTICE that pursuant to Minn. Stat. §462.357 the City Council (governing body) of the City of Columbia Heights will hold a public hearing on the 24th day of May, 1993, commencing at 7 p.m., at the city Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota to consider the adoption of proposed ORDINANCE NO. 1261, BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, AS AMENDED, PERTAINING TO FLOOD PLAIN. The proposed Ordinance No. 1261 is a comprehensive plan dealing with the designation, zoning, and management of flood plain districts. A copy of Ordinance No. 1261, in its entirety, is available for public review in the Office of the city Manager, 590 40th Ave. N.E., Columbia Heights, MN. It is the intention of the City Council of the City of Columbia Heights to adopt proposed Ordinance No. 1261.
ORDINANCE NO. 1261
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, AS AMENDED, PERTAINING TO FLOOD PLAIN
The City of Columbia Heights does ordain:
SECTION 1:
SECTI:ON 2:
9.301.1
Chapter 9, Article III, of Ordinance No. 853, City Code of 1977, as it currently reads, is hereby repealed.
Chapter 9, Article III, of Ordinance No. 853, city Code of 1977, shall hereafter read as follows, to wit:
STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and 462.351 et. seq. (zoning enabling statute) delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Columbia Heights, Minnesota does ordain as follows:
9.301.2
Finding pf Fact:
9.301.21
The flood hazard areas of the City of Columbia Heights, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
9.301.22
Methods used to analyze flood hazards. This ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
1
9.302.42
The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence.
9.302.5
Abrogation and Greater Restri ctions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of the Ordinance shall prevail. All other Ordinances are hereby repealed to the extent of the inconsistency only.
9.302.6
Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City or any officer qr employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.
9.302.7
Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby •.
9.302.8
Definitions -Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application:
3
9.302.88
Flood Plain -the beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.
9.302.89
Flood-Proofing -a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.
9.302.90
Floodway -the bed of a wetland or lake and the channel of the watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
9.302.91
Obstruction -any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fen.ce, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
9.302.92
Principal Use or Structure -means all uses or struqtures that are not accessory uses or structures.
9.302.93
Reach -a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
9.302.94
Regional Flood -a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood' used in the Flood Insurance Study.
5
9.303.1
Districts:
9.303.11
ESTABLISHMENT OF ZONING DISTRICTS
Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 9.302.2.
9.303.12
Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 9.302.2
9.303.13
General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 9.302.2
9.303.2
Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of the Ordinance. Within the Floodway, Flood Fringe and General Flood plain Districts, all uses not listed as permitted uses or conditional uses in Sections 9.304.0, 9.305.0 and 9.306.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here that:
9.303.21
New manufactured homes, replacement manufa ctured homes and certain travel trailers and travel vehicles are subject to the general provisions of the Ordinance and specifically Section 9.309.0;
9.303.22
Modifications, additions, structural alterations or repair after damage to existing nonconforming str uctures and nonconforming uses of structures or land are regulated by the general provisions of the Ordinance and specifically Section 9.311.0; and
7
FLOODWAY DISTRICT
9.304.1
Permitted Uses:
9.304.11
General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
9.304.12
Industrial-commercial loading areas, parking areas, and airport landing strips.
9.304.13
Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.
9.304.14
Residential lawns, gardens, parking areas, and play areas.
9.304.2
Standards for Floodway Permitted Uses:
9.304.21
The use shall have a low flood damage potential.
9.304.22
The use shall be permissible in the underlying zoning district if one exists.
9.304.23
The use shall not obstruct flood flows elevations and shall not involve obstructions, excavations or storage equipment.
9
or increase flood structures, fill, of materials or
9.304.41
All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100-year or region flood or cause an increase in flood damage in the reach or reaches affected.
9.304.42
All floodway Conditional Uses shall be subject to the procedures and standards contained in Section 9.310.4 of this Ordinance.
9.304.43
The Conditional Use shall be permissible in the underlying zoning district if one exists.
9.304.44
Fill:
(a)Fill, dredge spoil and all other similar materialsdeposited or stored in the flood plain shall be protected fromerosion by vegetative cover, mulching, rip rap or otheracceptable method.
(b)Dredge spoil sites and sand and gravel operations shallnot be allowed in the floodway unless a long-term sitedevelopment plan is submitted which includes anerosion/sedimentation prevention element to the plan.
(c)As an altern ative, and consistent with subsection (b)immediately above, dredge spoil disposal and sand and graveloperations may allow temporary, on-site storage of fill orother materials which would have caused an increase to thestage of the 100-year or regional flood but only after theGoverning Body has received an appropriate plan which assuresthe removal of the materials from the floodway based upon theflood warning time available. The Conditional Use Permit mustbe title registered with the property in the Office of theCounty Recorder.
9.304.45
Accessory Structures:
(a)Accessory structures shall not be designed for humanhabitation.
11
9.304.48
A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
13
9.305.25
The provisions of Section 9. 3 05. 5 of this Ordinance shall apply.
9.305.3
Conditional Uses: any structure that is not elevated on fill or flood proofed in accordance with Section 9.305.21 9.305.22 or any use of land that does not comply with the standards in Section 9.305.23 -9.305.24 shall only be allowable as a Conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and elevation procedures specified in Sections 9. 3 05. 4 9.305.5 and 9.310.4 of this Ordinance.
9.305.4
Standards for Flood Fringe Conditional Uses:
9.305.41
Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structures's basement of lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The abovenoted alternative elevation methods are subject to the following addition standards:
(a)Design and Certification -The structure's design and asbuilt condition must be certified by a registered professionalengineer or architect as being in compliance with the generaldesign standards of the State Building Code and, specifically,that all electrical, heating, ventilation, plumbing and airconditioning equipment and other service facilities must be ator above the Regulatory Flood Protection Elevation or bedesigned to prevent flood water from entering or accumulatingwithin these components during times of flood.
(b)Specific Standards for Above-grade, Enclosed Areas -Above-grade, fully enclosed areas such as crawl spaces or tuckunder garages must be designed to internally flood and thedesign plans must stipulate:
15
enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists.
9.305.45
Storage of Materials and Equipment:
(a)The storage or processing of materials that are, in timeof flooding,flammable, explosive, or potentially injurious tohuman, animal, or plant life is prohibited.
(b)Storage of other materials or equipment may be allowed ifreadily removable from the area within the time availableafter flood warning and in accordance with a plan approved bythe Governing Body.
9.305.46
The provisions of Section 9.305.5 of this Ordinance shall also apply.
9.305.5
Standards for all Flood Fringe Uses:
9.305.51
All new principal structures must have vehicular a.ccess at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use of occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
9.305.52
Commercial Uses -accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be
17
GENERAL FLOOD PLAIN DISTRICT
9.306.1
Permissible Uses:
9.306.11
The uses listed in Section 9.304.1 of this Ordinance shall be permitted uses.
9.306.12
All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 9.306.2 below. Section 9. 3 04. O shall apply if the proposed use is in the Floodway District and section 9. 305. 0 shall apply if the proposed use is in the Flood Fringe District.
9.306.2
Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District:
9.306.21
Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flooq Fringe District.
(a)A typical valley cross-section showing the channel of thestream, elevation of land areas adjoining each side of thechannel, cross-sectional areas to be occupied by the proposeddevelopment, and high water information.
(b)Plan (surface view) showing elevations or contours of theground; pertinent structure, fill, or storage elevations;size, location, and spatial arrangement of all proposed andexisting structures on the site; location and elevations ofstreets; photographs showing existing land· uses and vegetationupstream and downstream; and soil type.
(c)Profile showing the slope of the bottom of the channel orflow line of the stream for at least 500 feet in eitherdirection from the proposed development.
19
SUBDIVISIONS
9.307.1
Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treat ment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevations. For all subdivision in the flood plain, the floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents.
9.307.2
Floodway /Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 9.306.2 of the Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevations for the subdivision site.
9.307.3
Removal of Special Flood Hazard Area Designation: The Federal Emergenqy Management Agency (FEMA) has established criteria for removing the special flood hazard designation for certain structures properly elevated on fill above the 100-year flood elevations. FEMA-' s requirements incorporate specific fill compaction and side slope protection standards for multistructure or multi lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
21
MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES
9.309.1
New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 9.307.0 of this Ordinance.
9.309.2
The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 9.305.51, then replacement manufactured homes will not be allowed until the property owner ( s) develops a flood warning emergency plan acceptable to the City Council.
9.309.21
All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
9.309.3
Travel trailers and travel· vehicles that do not meet the exemption criteria specified in Section 9.309.31 below shall be subject to the provisions of this Ordinance and as specifically-spelled out in Sections 9. 309. 33 -9. 309. 34 below.
9.309.31
Exemption -Travel tr�ilers and travel vehicles_are exempt from the provisions of the Ordinance if they are placed in any of the areas listed in Section 9.309.32 below and further they meet the following criteria:
(a)Have current licenses required for highway use.
(b)Are highway ready, meaning on wheels or the internaljacking system, are attached to the site only by quickdisconnect type utilities commonly used in campgrounds and
23
Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 9.308.3 of this Ordinance.
25
9.310.25
Construction and Use to be as provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. permits, Conditional Use Permits or Certifi.cates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 9.312.0 of this Ordinance.
9.310.26
Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of the Ordinance. Flood'proofing measures shall be certified by a registered professional engineer or registered architect.
9.310.27
Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed.
9.310.3
Board of Adjustment. The Planning commission is the Board of Adjustment.
9.310.31
Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State Law.
9.310.32
Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance.
27
9.310.36
Appeals. Appeal to the City Council and District Court -appeals from any decision of the Board may be taken by any persons or persons jointly or severally aggrieved by any decision of the Board of any taxpayer, officer, department, board or bureau of the municipality to the City Council. The decision of the City Council may be appealed to the District Court of this jurisdiction as provided in Minnesota Statute 462.361.
9.310.37
Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify and applicant for a variance that: 1)The issuance of a variance to construct a structure belowthe base flood level will result in increased premium ratesfor flood insurance up to amounts as high as $25 for $100 ofinsurance coverage and 2) Such construction below the 100-yearor regional flood level increases risks to life and property.such notification shall be maintained with a record of allvariance actions, including justification for their issuance,and report such variances issued in its annual or biennialreport submitted to the Administrator or the National FloodInsurance Program.
9.310.4
Conditional Uses. The Board of Adjustment shall hear and decide applications for conditional Uses permissible under this ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Board of Adjustment for consideration.
9.310.41
Hearings. Upon filing with the Board of Adjustment an application for a Conditional Use Permit, the Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing.
9.310.42
Decisions. The Board of Adjustment shall arrive at a decision on a Conditional Use within a reasonable period of time. In granting a Conditional Use Permit, the Board of Adjustment shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 9.310.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms
29
existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel.
(2)Specifications for building construction andmaterials, flood-proofing, filling, dredging, grading,channel improvement, storage of materials, water supplyand sanitary facilities.
(b)Transmit one copy of the information described insubsection (1) to a designated engineer or other expert personor agency for technical assistance, where necessary, inevaluating the proposed project in relation to flood heightsand velocities, the seriousness of flood damage to the use,the adequacy of the plans for protection, and other technicalmatters.
(c)Based upon the technical evaluation of the designatedengineer or expert, the Board of Adjustment shall determinethe specific flood hazard at the site and evaluate thesuitability of the proposed use in relation to the floodhazard.
9.310.44
Factors Upon Which the Decision of the Board of Adjustment Shall Be Based. In passing upon Conditional Use applications, the Board of Adjustment shall consider all relevant factors specified in other sections of this Ordinance, and:
(a)The danger to life and property due to increased floodheights or velocities caused by encroachments.
(b)The danger that materials may be swept onto other landsor downstream to the injury of others or they may blockbridges, culverts or other hydraulic structures.
(c)The proposed water supply and sanitation systems and theability of these systems to prevent disease, contamination,and unsanitary conditions.
(d)The susceptibility of the proposed facility and itscontents to flood damage and the effect of such damage on theindividual owner.
(e)The importance of the services provided by the proposedfacility to the community.
(f)The requirements of the facility for a waterfrontlocation.
31
(e)Flood-proofing measures, in accordance with the StateBuilding Code and this Ord inance. The applicant shall submita plan or document certified by a registered professionalengineer or architect that the flood-proofing measures areconsistent with the Regulatory Flood Protection Elevation andassociated flood factors for the particular area.
9.310.47
The Board of Adjustment shall on Conditional Use requests, make findings as to the conditions relating to the request, description and severity of hardship and conditions necessary to bring the development conditions relating to the particular lot into an equitable position for carrying out the spirit and intent of the Ordinance and Comprehensive Plan. The findings shall be transmitted to the City Council in resolution form within 90 .days after having been filed with the City. The City Council shall make a determination within 60 days after receiving the resolution from the Board.
9.310.48
Reapplication after denial. NO application for a Conditional Use which has been denied wholly or in part shall be resubmitted until a period of 6 months has passed from the date of said decision by the city Council, except on grounds of new evidence or proof of a change in conditions submitted to and found acceptable by the chairman of the Board of Adjustment.
9.310.49
Revocation. A violation of any condition set forth in granting a Conditional Use shall be a violation of this Ordinance and automatically terminates the Conditional Use. A Conditional Use granted shall become void within one year unless utilized to correct the situation as presented in support of granting a Conditional Use unless extension is applied for and granted by the City Council.
33
9.311.15
If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 9.304.0, 9.305.0 or 9.306.0 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively.
9.311.16
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
9.311.17
Except as provided in 9. 311. 15, any use which has been permitted as a Conditional Use shall not be considered as a nonconforming use.
9.311.18
Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Ordinance within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. the Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value o� any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance.
9.311.19
The Zoning Administrator shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with se·ction 9. 310. 46. The zoning Administrator shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Ordinance.
35
,,
the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
9.312.24
If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, the responsible party shall upon conviction thereof be fined not more than $500.00 or imorisoned for not more than 90 days. or both. Each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which exited prior to the violation of this Ordinance.
37
CITY OF COLUMBIA HEIGHTS MEETING OF: May 24, 1993
AGENDA SECTION: ORDINANCES & RESOLUTIONS I ORIGINATING DEPARTMENT:NO: 6 CITY MANAGER'S ITEM: ORDINANCE REVISION PERTAINING TO BY: P. HENTGES. B NO: • • THE LIBRARY BOARD DATE: 05/21/93 3,
Based on direction received from the Council work session, I had the City Attorney make appropriate changes to clarify the membership and terms of the board members, to empower the Library Director to make certain expenditures consistent with prescribed policy, and the administrative policy responsibilities of the Library Board. I believe you will find these changes consistent with our previous discussion. This ordinance amendment also revises the language regarding purchases and contracts making it consistent with the City Charter which was changed on March 10, 1991. The first reading of Ordinance No. 1263 was held April 12, 1993.
RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available for the public.
RECOMMENDED MOTION: Move to adopt Ordinance No. 1263, Being an Ordinance Amending y Ordinance No. 853, City Code of 1977, and Pertaining to the Library Board. L
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ORDINANCE NO. 1263
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO THE LIBRARY BOARD
The City of Columbia Heights does ordain:
SECTION 1: Chapter 3, Article III, Section 9 of Ordinance 853, city Code of 1977, passed June 21, 1977, which currently reads as follows, to wit:
Section 9 LIBRARY BOARD
3.309 (1)A Library Board is hereby established which shall consist of five (5) members to be appointed by the council for a term of three years each. Members shall be residents of the City, and include one member of the Council.
3.309 (2) Subject to the provisions of the Charter, the Library Board shall supervise and control the policy, program, use and physical plant of the City Library, including all lands and equipment associated therewith and the setting of levels of service and manpower. The Board shall also recommenq. improveme.nts for the Library as may be necessary and desirable and shall have the authority to make reasonable administrative rules and regulations governing public use of the Library and its facilities, but shall at all times be subject to the direction and authority of the Council.
3. 309 (3)The Library Board shall have the power to make expenditures from funds so authorized and budgeted· by the Council and approved by the Manager; provided, however, that no single expenditure of an amount in excess of Five hundred dollars ($500.00) shall be made without the specific authorization of the Council, and expenditures of an amount in excess of one thousand dollars ($1,000.00) shall be made in the manner prescribed by the Charter.
(a)All monies received or expended shall beaccounted for and audited in the General Fundas though the Library were a department underthe control of the City Manager or subsidiarymanager as delegated.
(b)All claims and all bills incurred by the Boardshall be presented to the Council for paymentand paid in the same manner as other claimsagainst the City are paid.
(c)Annually and in proper time, the Board shallapprove and recommend to the Council a budgetfor the coming year and at least semiannually, the Board shall approve and make acomparison by line item of its performanceagainst the current . budget together withrecommendations for transfers of funds betweenline items.
is herewith amended to read as follows:
Section 9 LIBRARY BOARD
3.309 (1) A Library Board is hereby established which shall be composed of five (5) members to be appointed by the Council. One Library Board member shall be a member of the City Council, whose term on the Library Board shall run concurrently with their City Council term. The remaining four Board members shall serve' three year terms. Members shall be residents of the City of Columbia Heights.
3.309 (2)The Library Board is hereby established to supervise and control the policy, program, use and physical plant of the City Library, including all lands and equipment associated therewith and the setting of levels of service and manpower. The Board shall also recommend improvements for the Library as may be necessary.and desirable and shall have the authority to make reasonable administrative rules and regulations, including the setting of fees, governing public use of the Library and its facilities, but shall at all times be subject to the direction and authority of the Council. All the Library policies and programs shall be in accordance with the policies approved by the City Council.
3.309 (3) The Library Division Head shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the Manager; provided, · however, that no single expenditure of an amount in excess of seven hundred fifty dollars ($750.00) shall be made without the specific authorization of the City Manager, and expenditures of an amount in excess of three thousand dollars ($3,000.00) shall be made in the manner prescribed by the Charter.
(a)All monies received or expended shall beaccounted for and audited in the Library Fundas though the Library were a department underthe control of the City Manager or subsidiarymanager as delegated.
(b)All claims and all bills incurred by the Boardshall be presented to the Council for paymentand paid·· in the same manner as other claimsagainst the City are paid.
(c)Annually and iri proper time, the Board shallapprove and recommend to the Council a budgetfor the coming year and at least semiannually, the Board shall approve and make acomparison by line item of its performanceagainst the current budget together withrecommendations for transfers of funds betweenline items.
SECTION 2: This Ordinance shall be in· full force and effect from and after thirty (30) days after its passage.
First Reading: April 12, 1993 Second Reading: -------------Date of Passage: ------------
Offered by: ---------------Seconded by: ______________ _ Roll Call: ----------------
Donald J. Murzyn, Jr., Mayor
Jo-Anne Student, Council Secretary
-P�e. from C i-fzt CluJrt-e:r
Section 56. PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the city. All purchases and contracts on behalf of the city shall be made by the city manager, but subject to the approval of the city council whenever the amounts of such purchases or contracts exceeds $3,000.00. All contracts of any kind to which the city is a party exceeding $3,000 and instruments for the conveyance of any real estate by the city shall be signed by the mayor and the city manager on behalf of the city and shall be executed in the name of the city.
Section 57. CONTRACTS, HOV LET. All contracts of the city shall be let in accordance with the Uniform Municipal Contracting Law of the State of Minnesota. Further regulations for the taking of bids and letting of contracts may be made by ordinance.
CHAPTER 7
TAXATION AND FINANCE
Section 58. COUNCIL TO CONTROL FINANCES. The council shall have full authority over the financial affairs of the city, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public monies, and in the exercise of a sound discretion shall make appropriation for the payment of all liabilities and expenses.
Section 59. FISCAL YEAR. The fiscal year of the city shall end each year on the 31st day of December.
Section 60. TAXATION. Except as provided in this charter, the general laws of the state relating to taxation shall apply in this city.
Section 61. BOARD OF EQUALIZATION. The council shall constitute a board of equalization and shall annually meet as such in the usual place for holding council meetings at a time set by the council to equalize assessments according to law.
Section 62. PREPARATION.OF THE BUDGET. The city manager shall prepare the estimates for the annual budget. The proposed budget shall be consistent with generally accepted accounting principles and shall contain estimates of revenue, itemized estimates of expenditures for both the current fiscal year and the ensuing fiscal year, comparisons with the revenues and amounts expended
14
03-10-91
CITY OF COLUMBIA HEIGHTS
MEETING OF: May 24. 1993
AGENDA SECTION: ORDINANCES & RESOLUTIONS I ORIGINATING DEPARTMENT: NO: 6 CITY MANAGER'S
ITEM: POLICE RELIEF CONSOLIDATION BY: PAT HENTGES NO: /:,. C. DATE: 05/21/93 . _
RESOLUTION GRANTING PRELIMINARY APPROVAL TO TIIE CONSOLIDATION PROCESS OF THE COLUMBIA HEIGHTS POLICE DEPARTMENT RELIEF ASSOCIATION, PAIDDIVISION, WITH THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION OF MINNESOTA
Attached please find a consolidation petition filed by the Columbia Heights Police Department Relief Association, Paid Division. The Relief Association has conducted a membership referendum requesting the City Council's preliminary approval to pursue the consolidation of the associationwith PERA. As with the Fire Relief Association, the next step in the process involves a review ofthe consolidation petition by PERA, the State Board of Investment, and the Legislative Commission on Pension and Retirement. These agencies will conduct an independent actuarial analysis, a determination on market value of the association's portfolio, and gather membership information. Upon conclusion of this analysis, the information will be forwarded to the City Council. At that time the City Council will conduct a public hearing for the purposes of considering final consolidation approval.
On a related matter, please find attached a copy of a State Statute change by the Minnesota Legislature relevant to the computation of pay. The bill was approved on May 11, 1993, by Governor Carlson.
Upon completion of the analysis by the various state agencies, the City Council will have an opportunity to consider the final consolidation resolution and local approval of the benefit change. I suspect this will occur sometime around August or September, 1993.
I recommend proceeding ahead to the next step in the consolidation process by providing preliminary approval to pursue the consolidation of the Relief Association with PERA.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 93-_: _; Being a Resolution GrantingPreliminary Approval to the Consolidation Process of the Columbia Heights Police DepartmentRelief Association, Paid Division, with the Public Employees Retirement Association of Minnesota.
COUNCIL ACTION:
.....
RESOLUTION 93-__
RESOLUTION GRANTING PRELIMINARY APPROVAL TO THE
CONSOLIDATION PROCESS OF THE COLUMBIA HEIGHTS POLICE DEPARTMENT
RELIEF ASSOCIATION, PAID DIVISION, WITH THE PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION OF MINNESOTA
WHEREAS, the membership of the Columbia Heights Police Department Relief
Association, Paid Division, conducted a membership referendum pursuant to the procedures for
local relief association consolidation with P.E.R.A. Police and Fire, under the laws of the State
of Minnesota, 1987, Chapter 296;
WHEREAS, a majority vote of the membership favored continuing the consolidation
process;
WHEREAS, the local municipality must provide consent to continue the consolidation
process;
WHEREAS, prior to final municipal approval of the consolidation, various state agencies
and commissions will conduct analysis and forward the findings to the municipality for final
municipal approval.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights City Council
grants preliminary approval to continuing the consolidation process of the Columbia Heights
Police Department Relief Association, Paid Division, with the Public Employees Retirement
Association of Minnesota Police and Fire.
Passed this _____ day of May, 1993.
Offered by:
Seconded by:
Roll call:
Donald Murzyn, Jr., Mayor
Jo-Anne Student, Council Secretary
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
559 Mill Street N.E., Columbia Heights, MN 55421, (612) 782-2849
TO:
FROM:
SUBJECT:
DATE:
HEH 0
Patrick Hentges, City Manager
LeoV� M. Olson, President
City Resolution
May 11, 1993
Per State Statute guidelines, the Columbia Heights Police Relief Association has completed its preliminary leg of consolidation into PERA by virtue of public association meetings, a favorable preliminary vote followed by the prescribed secret ballot vote of which we accomplished the needed fifty percent of the membership. Attached you will find copies of those materials as well as a draft resolution you may wish to use for the City Council. The next step in the process as you know is for the Council to approve the resolution and allow our association to continue the process by ordering up an actuarial. Please accept my request that this issue be placed on a future Council agenda. Should you have any questions, feel free to contact me.
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• . MAY 1 �! 1993
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CITY OF CDLUhrniA HEIGHTS
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
559 MIii Street N.E. , Columbia Heights, MN 55421, (812) 782-2840
Columbia Heights Poltce Reltef Assoctatton
NOTICE OF PUBLIC MEETING
The Columbia Heights Police Relief Association Board of Directors will hold a public meeting at 7100 pm, March 24, 1993 at the Columbia Heights Police Department training room.
The agenda for the public meeting 1s1
1.Accept a Petition from five (5) members of the ColumbiaHeights Police Relief Association requesting the Association begin Consolidation proceedings with P.E.R.A., under the Minnesota State Statute 353A.
2.Determine the method and procedure for a referendum voteof all members of the Association on the above questionof Consolidation, as well as explain the bill that willprovide longevity pay for retirees that will be attachedto this Consolidation issue.
3.Consider for passage a resolution on the above actions.
This NOTICE' is to be mailed to all members of the Columbia Heights Police Relief Association. This Notice will be posted in the public lobby of the Columbia Heights city hall and the Columbia Heights Police department for a minimum period of ten (10) days before the public meeting.
C�CL Leonard M. Olson President Columbia Heights Police Relief Association
March 3, 1993
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
559 MIii Street N.E., Columbla Heights, MN 55421, (812) 782-2840
We, the undersigned, members of the Columbia Heights Police Relief Association, petition the Board of Directors of the Columbia Heights Police Relief Association to begin Consolidation proceedings with P.E.R.A., under the guidelines of Minnesota State Statute 353A.
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I, Leonard M. Olson, witnessed that each signature is that of a the above signatures and attest ber of the Columbia Heights Police Relief oc1at1on.
Leonard M. Olson, President 3-3--'i3
Date
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PUBLIC MEETING
March 29. 1993
Dear Columbia Heights Police Relief Association Member.
This letter is to notify you of the next public meeting scheduled for April a. 1993 at 7:00 pm. The meeting will be held in the Columbia Heights Police lower level training room.
The purpose of this meeting is to accept the enclosed resolu tion agreed upon at the March 24. 1993 meeting and specify a plan for the secret ballot referendum. Members are welcome to attend but its not necessary. The referendum of the membership will be conducted by secret mail ballot to determine whether or not the consolidation procedure is to continue. This mailing will take place after this April 8 meeting. This vote must carry the majority vote (50 % or more) to succeed. This means nine (9) to the affirmative.
Posting
ell/:_}�;_({__ Leonard Olson President Columbia Heights Police Relief Association
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
559 MIii Street N.E., Columbla Heights, MN 55421, (812) 782-2840
WHEREAS,
WHEREAS,
WHEREAS,
WHEREI\S,
WHEREAS,
RESOLUTION OF THE BOARD OF DIREC'l'ORS
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
The President of the Columbia Heights Police Relief Association("Association") has received a petition from the membership of the Association recommending that the Association be consolidated into the Public Employees Retirement Association Police and Fire Fund (PERA), and
The President of the Association has called for a public hearing to be held on the petition by posting a notice of the meeting in the Columbia Heights City Hall and the Columbia Heights Police Department for a minimum of ten (10) days and by placing in the U.S. mails a notice of the meeting to all members of the Association, and
The Board of Directors ("Board") of the Association did meet at a public hearing on March 24, 1993, and was presented the petition by the President of the Association, and
The Board has determined that such petition contains the signatures of seven ( 7) of the seventeen ( 17) members of the Association, as such membership is defined in Minnesota Statutes 1987, Chapter 353A.02, subd. 18, and
the proportion of members of the Association whose signatures appear on such petition exceeds the minimum number required by Minnesota Statutes 1987,,Chapter 353A.02, subd. 19, (30%) for initiation of the consolidation procedure.
NOW, THEREFORE, BE IT RESOLVED, that the Board directs the President of the Associationto continue the process of consolidation by conducting a referendum vote, approved by the Board, of all members of the Association on the question, as required by Minnesota Statutes 1987, Chapter 353A.04, subd. 4, and
We r�rtify the foregoing Resolution was duly adopted by the Board of Directors of the Columbia Heights Police Relief Association at a Public Hearing on March 24, 1993.
c)�O�Leonard H. Olson President Col.Hts. Police Relief Assoc.
/�j J-ik/L Af'rc�rd L. Schmidt ?'{/�J Secretary Col.Hts. Police Relief Assoc.
;/�x?.ifr �a: President Col.Hts. Police Relief Assoc.
ti. j �\::: h, nQ: D . Frenc Board of Direloiors Member Col.Hts. Police Relief Assoc.
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
559 MIii Street N.E., Columbia Heights, MN 55421, (612) 782-2840
April 8, 1993
The Public Hearing of the Columbia Heights Police Relief Association was called by President Leonard Olson to accept a petition from seven members to continue the process for consolidation with P.E.R.A.
Board members present: President Leonard Olson Vice President James Kapala Secretary Richard Schmidt Board Member Donald French
Police Relief Association Members Present:
Donald Lohse Robert Jendro Floyd Bixler
The meeting was called to order by President Olson at 7:00 pm.
1, President Olson explained that this meeting was for the Board to consider passage of the resolution that will next be voted on by the membership. (copy attached)
2.Board member Jendro made a motion to accept the resolutionand continue on with the consolidation process. SecretarySchmidt seconded the motion and all present were in favor.
3.President Olson passed out a sample ballot that will bemailed to all members for their vote in this matter.Discussion followed. President Olson stated that theballots would be expected back by May 3, 1993. The Board ofDirectors will then convene on Tuesday May 4, 1993 at7:00pm to count the ballots. All Association members arewelcome to observe.
4.President Olson discussed our bill presently in thelegislature. He stated that it appeared to be moving alongand there were favorable expectations.
5.There being no further business to come before the Board,Association Vice President Kapala moved we adjourn at 7:30pm. Secretary Schmidt seconded and all were in favor.
Minutes prepared by Richard L. Schmidt
COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION
559 Mill Street N.E., Columbia Heights, MN 55421, (612) 782-2840
May 4 1 1993
The public meeting of the Columbia Heights Police Relief Association was called by President Leonard Olson to open the ballots from the membership and officiate the count regarding the resolution to consolidate into P.E.R.A.
Board Members Present:
Police Relief Members Present:
President Leonard Olson Vice President James Kapala Secretary Richard Schmidt Treasurer John Marchiniak Board Member Donald French
Robert Jendro
The meeting was called to order by President Olson at 7: 00 pm. Olson produced a file folder containing the ballots that he has received. The ballots were opened. counted and the total received was (14) fourteen of the (17) seventeen members that ballots were mailed to. The official count was (11) eleven yes. (3) three no. By virtue of the fact that a 50% majority was reached. Olson stated that the consolidation process was to proceed. Discussion followed that the City Manager would be presented with the findings so a City resolution could be prepared.
There being no• further business to come before the Board. Association member Robert Jendro moved we adjourn at 7: 40 pm. Treasurer John Marchiniak seconded and all were in favor.
Minutes prepared by Richard L. Schmidt
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�I CHAPTER No. 126
H.F. No. 1442
CiTY O• C-:\.U.·2.;A 1-lfJGHTS ANACT
l
2 3
6 7 8
9
10
11
12
13
14
1S
16
17
18
19
20
21
22
23
24
2S
26
27
This is the final ve;s!c;.
of !he bill that v,i/1 be
transmitted to the· governor's
desk. Check House lr:C:�x Cspar:ment
for updated status (2fi6·6646l
relating to the city of Columbia Heights; exclusions from salary in co1mputing police relief association retirement benefits; permitting a cont1ribution with interest by a member for past service with the city; amending Minnesota Statutes 1992, section 3S3B.02,subdivision 10; and Laws 1977, chapter 374, section 8,subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE l
COLUMBIA HEIGHTS POLICE BENEFIT CHANGES
Section l. Laws 1977, chapter 374, section 8, subdivision
1, is amended to read:
Subdivision 1. The words •salary of a top patrolman" and
"top patrolman's salary" as used in this act shall mean all
monthly wages and salaries subject to Minnesota state or federal
withholding for tax purposes of a top patrolman employed by the
city of Columbia Heights on scheduled shifts set by the city of
Columbia Heights pursuant to the current terms of any labor
agreement oei;.w�t=.l tht: pcli.,:eman c., hi:.: ·:r.':.��-.:t'.'"\::I th"' ,:-H;y r,f..
Columbia Heights, including longevity pay and education
incentive pay in an amount not to exceed $235 per month. The
terms "salary of a top patrolman" and "top patrolman's salary"
shall exclude payment for overtime work which shall be defined
as work performed at the express authorization of the c_ity of
Columbia Heights in excess of the policeman's scheduled shift,
any increased amount of pay over the pay of a top patrolman for
l
H.F. No. 1442
1 duties as a detective investigator, payment for volunteer work,
2 payment for court time, payment for call back time which shall
3 be defined as work performed by a policeman who is called to
4 duty during his scheduled off-duty time, paymeftt-ef-edueat¼eft
5 ¼fteeftt¼ve-er-fer-¼eftgev¼ty7 payment for clothing, payment for
6 holiday service, night shift pay, emergency duty pay, standby
7 pay or pay for or in lieu of any fringe benefit or term or
8 conultion· of em:ploym�nt whatsoever other than payment for
9 scheduled shifts. �h¼e-def¼ft¼t¼eft-sha¼¼-be-effeet¼ve
10 retreaet¼ve-te-�ufte-¼S7-¼9i6T
ll Sec. 2. [BUY BACK FOR CERTAIN PAST SERVICE.)
12 Notwithstanding Minnesota Statutes, section 353A.10,
13 subdivision 1, a member of the Columbia Heights police relief
14 association who was hired on February 16, 1964, is allowed to
15 contribute to the relief association or to the consolidation
16 account under Minnesota Statutes, chapter 353A, whichever
17 applies, an amount egual to eight percent of the salary of a top
18 grade patrol officer from the period February 10, 1989, through
19 the last full pay period before contributions would ·be required
20 under consolidation with the public employees retirement
21 association, plus interest at the rate of 6.5 percent,
22 compounded annually, from the date the member contribution would
23 have been payable until the date that the equivalent amount is
24 paid.
25 Notwithstanding Minnesota Statutes, section 353.01,
26 subdivision 10, paragraph (c), contributions made by a member of
27 the Columbia Heights police relief association pursuant to this
28 section may be included in determining the years of service and
2!.' E.ca.i.ai.i ·upo•, .. :�.:.:-:"-.-�-�,,t ir,dividual 's annuity would be computed,
30 in the event that the p���on selects benefit coverage __ �r.r'I@_!_ the
31 public employees police and fire fund benefit plan following a
32 consolidation under Minnesota Statutes, chapter 353A.
33 Sec. 3. [LOCAL APPROVAL.)
34 Sections l and 2 are effective upon an affirmative vote by
35 the city of Columbia Heights police relief association to
36 consolidate with the public employees police and fire fund under
2
\,,.l&&rL& .&£..1.&t.. , .. u • .&_,V
H.F. No. 1442
1 Minnesota Statutes, section 353A.04, and upon approval of
2 sections l and 2 by the Columbia Heights c·i ty council and
3 compliance with Minnesota Statutes, section 645.021, subdivision
4 3. The amendment made in section 1 applies only to benefits
s payable and contributions made after the date of approval by the
6 Columbia Heights city council.
7 ARTICLE 2
8 CONFORMING �GES .
9 Section 1. Minnesota Statutes 1992, section 353B.02,
10 subdivision 10, is amended to read:
11 Subd. 10. [SALARY.) (a) "Salary" for benefit computation
12 and contribution purposes means the salary of a first class or
13 first grade firefighter or patrol officer, whichever applies,
14 for the former members of the following consolidating relief
15 associations:
16 (l)Anoka police relief association:
17 (2)Austin firefighters relief association;
18 (3)Austin police relief association:
19 (4)Columbia Heights fire department relief association,
20 paid division:
21 (5)ee¼ttmbie-Heights-pe¼iee-re¼ie!-asseeiatien7
22 t6t Fairmont police benefit association:
23 tTt ill Faribault fire department relief association;
24 tBt ill Mankato fire department relief association;
25 t9t ill Minneapolis fire department relief association;
26 t¼9t ill Minneapolis police relief association;
27 t¼¼t .1!ll Richfield fire department relief association;
28 t¼it illl Rochester fire department relief �ssociatiori;
29 t±�t ( :f2 > kochester 1,1\lJ.i'c� relief_, �ss�:J:atior1_. .. _.
30 t¼4t J.!ll St. Cloud fire department relief association;
31 t¼St iill. St. Cloud police relief association;
32 t¼6t .i!il St. Paul fire department relief association;
33 t¼Tt illl South St. Paul firefi ghters relief association;
34 t¼Bt il1l West St. Paul firefighters relief association;
35 t¼9t l!ll West St. Paul police relief association: and
36 ti9t illl Winona fire department relief association.
3
CHAPI'ER No. 1:tb
H.F. No. 1442
1 (b)NSalary" for benefit computation purposes means the
2 salary of a first grade patrol.officer for the second month of
3 the previous fiscal year and for contribution purposes means the
4 current salary of a first grade patrol officer, for the former
5 members of the following consolidating relief associations:
6 (1)Bloomington police relief association;
7 (2)Crystal police relief association;
8 (3)Fridley �l�ce ��sion ass?ciation;
9 (4)Richfield police relief association;
10 (5)St. Louis Park police relief association; and
11 (6)Winona police relief association.
12 (c)NSalary" for benefit computation purposes means the
13 final salary and for contribution purposes means the current
14 salary for the former members of the following consolidating
15 relief associations:
16 (1)Albert Lea firefighters relief association;
17 (2)Albert Lea police relief association;
18 (3)Buhl police relief association;
19 (4)Chisholm firefighters relief assoclation;
20 (5)Crookston fire department relief association;
21
22
23
24
25
(6)Crookston police relief association;
(7)Faribault police benefit association;
(8)Red Wing police relief association; and
(9)Virginia fire department relief association.
(d)"Salary" for benefit computation purposes means the
26 average earnings or salary for the final six months of
27 employment before retirement and for contribution purposes means
28 the current salary for the former members of the following
2� consolidatjng_�elief associ�tions:
30 (l)Chisholm police relief association;
31 (2)Bibbing firefighters relief association; and
32 (3)Bibbing police relief association.
33 (e)"Salary" for benefit computation purposes means the
34 greater of the final salary at retirement or the highest salary
35 of a patrol officer and·for contribution purposes means the
36 greater of the current salary or the current highest salary of a
4
CHAPTER No. 126
H.F. No. 1442
1 patrol officer for the former members of the following
2 consolidating relief associations:
3 (1)Brainerd police benefit association; and
4 (2)New Ulm police relief association.
5 (f)•salary" for benefit computation and contribution
6 purposes means the following for the former members of the
7 consolidating relief associations as indicated:
8 (1)salary of a top grade patrol officer, including
9 longevity pay and education incentive pay in an amount not to
10 exceed $235 per month, Columbia Heights police relief
11 association;
12 ill maximum pay of a firefighter, Duluth firefighters
13 relief association;
14 tit ill salary of a first class patrol officer with 16
15 years of service, Duluth police pension association;
16 t3t ill base salary,for the rank currently held, plus
17 longevity pay, pay for eligibility for next higher rank and pay
18 for first aid care, Mankato police benefit association;
19 t4t ill average annual salary for highest three paid years
20 for benefit computation purposes and current salary for
21 contribution purposes, Red Wing fire department relief
22 association;_
23· t5t ill pay of the highest grade full-time firefighter, St.
24 Louis Park fire department relief association;
25 t6t ill maximum monthly pay of a patrol officer, St. Paul
26 police relief association;
27 tit ill prevailing base pay of rank held at retirement for
28 benefit computation purposes and current salary for contribution
:i� �urpose:J, South !:t. Paul pc lice relief aseodation :. •n� .
30 t8t ill prevailing pay for rank held for at least six
31 months before retirement for benefit computation purposes and
32 current salary for contribution purposes, Virginia police relief
33 association.
34 Sec. 2. [EFFECTIVE DATE.]
35 Section 1 is effective on the effective date of article l,
36 section 1.
5
CHAPTER No. 126 H.F. No. 1442
This bill was passed in conformity lo the rules of each house and the joint rules of the two houses as required by the Constitution of the State of Minnesota.
<:2 � ... x
Speo/wr of IM HOUM of S.plffffllatwn.
Passed the House of Representatives on May C, 1993.
Passed the Senate on May 1, 1993.
This bill is proper)
�
and was presented to the
Governor on · /0 , 1993.
Approved on N\. �\ \\ , 1993, at� �,
Filed on
�
I Id:-. 1993.
6
au����
Prui.unt of w Senalo!.
!Llu.+(}�
ard A. Burdick
Cit.�( Clerlt., Houc of RcprwHntoliws.
/)'a�� � Patric
'tit« Senalo!. S«rwrar, o
Ra,iaor of Sratulo!s.
q_.M.
�' �9,A\1,\-, Am.e H. Carlson
GowP'ftOr.
S«n1ary of S1arit.
-
CITY OF COLUMBIA HEIGHTS
MEETING OF: May 24, 1993
AGENDA SECTION: ORDINANCES & RESOLUTIONS
NO: 6
ITEM: GRANT APPLICATION FOR EXPANDED
NO: SHARED RIDE PROGRAM '. D.
ORIGINATING DEPARTMENT:
CITY MANAGER'S
BY: L. L. MAG:E;E
DATE: 05/17/93
We have received notice from the Regional Transit Board that grant applications for
calendar year 1994 are due in their offices no later than Thursday, July 1, 1993.
The method of transit assistance funding in 1994 will be fixed shared funding, as was
the case in 1993. Under fixed share funding, the Regional Transit Board would
provide funding of up to 60% of the total operating cost. The remaining 40% can be
comprised of any combination of local funds, including, but not limited to, ticket sales,
farebox revenue, local taxes, and donations.
Based on preliminary discussions with staff at Anoka County, it appears that the county
may again be providing monies to offset the remaining 40% which is not recovered
through ticket sales. The City of Columbia Heights would continue to administer the
program.
If the City wishes to continue this program in 1994, the attached resolution needs to be
adopted and forwarded, along with the grant application, to the Regional Transit Board
by July 1, 1993.
RECOMMENDED MOTION: Move to waive the reading of Resolution 93-__ , there
being ample copies available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 93-__ ; Resolution of the
City of Columbia Heights, Minnesota; Granting Authorization to Enter into an
Agreement with the Regional Transit Board for Para-Transit Assistance Service Funds.
COUNCIL ACTION :
CITY MGR
APPROVAL
RESOLUTION 93-___ _
RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNFSOTA,
GRANTING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH
THE REGIONAL TRANSIT BOARD
FOR PARA-TRANSIT ASSISTANCE SERVICE FUNDS
WHEREAS, the City of Columbia Heights has been operating a para-transit program called Shared Ride
since December 1, 1978, with para-transit assistance funds from the Minnesota Department of
Transportation; and,
WHEREAS, in February of 1986, the Regional Transit Board assumed responsibility for the transit
programs in the seven-county metropolitan area that had previously been administered by the Minnesota
Department of Transportation; and,
WHEREAS, in December, 1990, the Shared Ride Program was expanded to include the City of Fridley
and a Transfer Coordination Point at Northtown Shopping Center; and,
WHEREAS, the Shared Ride Program has demonstrated to be serving a substantial portion of the
population and shows a continuing need for this service.
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into an agreement
with the Regional Transit Board, to provide a public transportation service in the City of Columbia Heights
and certain points outside of the city limits, Hilltop, Fridley, and Northtown Shopping Center for fiscal year
1994; and,
BE IT FURTHER RESOLVED that the continuation of the expanded Shared Ride Program is
contingent upon funding of 40 percent of the total operating cost of the transit project through any
combination of local funds; and,
BE IT FURTHER RESOLVED that the City of Columbia Heights shall continue to administer the
Shared Ride Program; and,
BE IT FURTHER RESOLVED that authorization to execute the 1994 aforementioned agreement is
hereby given to the Mayor and City Manager; and,
BE IT FURTHER RESOLVED that the City Manager and Assistant to the City Manager are hereby
authorized to execute requests for reimbursements from the Regional Transit Board.
Passed this ____ day of _________ , 1993.
Offered By:
Seconded by:
Roll Call:
Donald J. Murzyn, Mayor
Jo-Anne Student, Council Secretary
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to
and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held
on the ___ day of _______ , 1993, as shown by the minutes of said meeting in my possession.
William J. El rite, City Clerk
CITY COUNCIL LETTER
AGENDA SECTION: NO: 7
Communications 7. A./.
ITEM: C.U.Permit/Variance, Robert Proft
NO: Case #9305-41, 4911 Central Ave.
Meeting of: May 24, 1993
ORIGINATING DEPT.: Planning & Zoning
BY:
DATE: May 17, 1993
CITY MANAGER
The request by Mr. Robert Proft on behalf of a prospective buyer for a Conditional Use Permit and Variance to allow Mike Glynn of Brooklyn Heating and Air to purchase the property at 4911 Central Avenue and operate his business out of the accessory structure in the rear while retaining the full use of the existing house as his residence was reviewed by the Planning and Zoning Commission at their meeting of May 4, 1993. The property is located in the RB, Retail Business, District and, as a residence, is considered a non-conforming use in that District.
Un,der Section 9.113(2)(b) of the Conditional Use Section of the Retail Business District, dwelling units are allowed by Conditional Use Permit provided the dwelling unit does not occupy the first floor.
In October of 1985 Mr. Proft petitioned the Planning and Zoning Commission and City Council
for a Conditional Use Permit to allow the construction of the large accessory structure and
its use for his home occupation of a sign construction company. One of the conditions placed on Mr. Proft's Conditional Use Permit, in addition to those describing a Home Occupation and signage on the property, was that the CUP would not be transferable and would become void if
Mr. Proft is not living in the residence.
It was Staff's opinion that Mr. Glynn's proposed use clearly would not fit the definition of
a Home Occupation per the Zoning Ordinance. Heating and air conditioning shops are a permitted use in the GB, General Business, District and in the Industrial District. An Ordinance amendment adding HVAC sales, service and fabricating would need to be made to the Retail Business section of the Zoning Ordinance. To approve this request as is would clearly set a precedent as well as increasing a non-conforming use.
Please refer to the attached minutes from the Planning and Zoning Commission and City Council.
The Planning and Zoning Coamission recommended approval of the Conditional Use Permit and Variance due to the existing circumstances of the use of the property and the uniqueness of
the parcel.
RECOMMENDED MOTION:
Move to deny the request for a Conditional Use Permit and Variance for 4911 Central Avenue as the proposed use is not an approved use in the Retail Business District and does not meet the
requirements for a home occupation. ---= -------.
,_ Move to approve the Conditional Use Permit and Variance for
COUNCIL ACTION:
PLANNING AND ZONING COMMISSION REGULAR MEETING -MINUTES MAY 4, 1993 PAGE 4
Mr. Johnson asked the Commission if the five items stated were required of everyone or if these were specifically designed for him. Council Rep. Peterson replied that the criteria is the same as would be required of anyone moving in a building.
It was the contention of the Commission that the style of the proposed garage would fit in well with the house and surrounding buildings.
Motion by Peterson, seconded by Fowler, to approve the site plan allowing the proposed detached garage to be moved onto the lot at 4229 Quincy Stxeet provided the five items as stated by the Building Inspector are met. Roll Call: All Ayes. 0 Public Hearing Cond. Use Permit/Variance Case #9305-41
Robert Proft 4911 Central Avenue Columbia Heights, Mn.
Evelyn Nygaard presented the request of Mr. Proft on behalf of a prospective buyer for a Conditional Use Permit and Variance to allow Mike Glynn of Brooklyn Heating and Air to purchase the property at 4911 Central Avenue and operate his business out of the accessory structure in the rear while retaining the full use of the existing house as his residence. She informed the Commission that the property is located in the RB, Retail Business, District and, as a residence, is considered a non-conforming use in that District. Under Section 9.113(2)(b) of the Conditional Use Section of the Retail Business District, dwelling units are allowed by Conditional Use Permit provided the dwelling unit does not occupy the first �).oor.
Ms. Nygaard informed the Commission that in October of 1985 Mr. Proft petitioned the Planning and Zoning Commission and City Council for a Conditional Use Permit to allow the construction of the large accessory structure and its use for his home occupation of a sign construction company. One of the conditions placed on Mr. Proft's Conditional Use Permit, in addition to those describing a Home Occupation and signage on the property, was that the CUP would NOT be transferable and would become VOID if Mr. Proft is not living in the residence.
It was Staff's opinion that Mr. Glynn's proposed use clearly would not fit the definition of a Home Occupation per·the Zoning Ordinance. To approve this request would clearly set a precedent as well as increasing a nonconforming use.
The definition of a Home Occupation per the Zoning Ordinance is as follows:
PLANNING AND ZONING COMMISSION REGULAR MEETING -MINUTES MAY 4, 1993 PAGE 5
1.When engaged in only by persons residing in the-dwelling.2.When the occupation does not require additional parking.3.When evidence of the occupation is not visible from the street.4.When the principal structure becomes the base of the operation forthat occupation.5.When the occupation does not involve the retail sales on the site ofproducts produced off the site.
Council Representative Peterson was concerned that the building of ductwork from sheet metal would be very noisy and create a disturbance for the residences at the rear of the property. Mr. Glynn stated he would not be using any machines or large equipment for his operation but would be assembling ductwork from sheet metal. The building is well insulated with no windows or doors on the back of the building so the sound transmission should be minimal. He stated that most of the work is done in the field. The building would basically be used to house furnaces, air conditioning units and other related items.
Commissioner Szurek voiced concern that the Commission not violate any section of the Zoning Ordinance or any other City codes in this process if the request is approved.
Council Rep. Peterson stated that Mr. Proft could not meet only one requirement of the Home Occupation definition when he was approved in 1985. In his opinion, Mr. Glynn's proposal does not meet any of the five items to catagorize his use as a home occupation.
At�omy Bocwinski stated that the property is non-conforming to the Zoning Distric,i as it is. Mr. Glynn's proposed use does .not meet the requirements of the Home Occupation definition. There are few uses that could fit this lot unless the house was razed and the property brought into conformance.
Mr. Proft asked if the house was razed, could the accessory structure be used for a business. Evelyn Nygaard stated that the building would be required to conform to all zoning and building codes including bathroom requirements of which there currently are none.
Council Rep. Peterson felt this case should be n.viewed by the City Council. Because the minutes from the meetings of 1985 state that the Conditional Use Permit is not transferable and becomes void if the house is not occupied by Mr. Proft plus the limitation placed on the signage, he is lead to believe that there were some questions and concerns regarding the approval.
Motion by Peterson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit and Variance due to the existing circumstances of the use of the property and the uniqueness of
PLANNING AND ZONING COMMISSION REGULAR MEETING -MINUTES MAY 4, 1993 PAGE 6
the parcel. Roll Call: All Ayes.
*THIS ITEM TO APPEAR ON THE MAY 24, 1993 CITY COUNCIL AGENDA .
4, STAFF REPORTS.
A.Tires Plus Conditional Use Amen dment.
Evelyn Nygaard informed the Commission that Mr. Rasmussen, representing Tires Plus at 5126 Central Avenue was asking for input regarding a change to the enclosed dumpster location. She reminded the Commission of the concerns expressed by the representative from St. Timothy's Church at the meeting in June of 1992 when the CUP was reviewed. The concerns encompassed the cleanliness of the lot as well as the maintenance of the property. Vhen she made an inspection of the premises not long ago, she found the dumpster outside the required enclosure and a waste oil tank inside the dumpster enclosure. Tires Plus has added the service of oil changes and needed an area for the waste oil tank. She presented two drawings on behalf of Tires Plus that had been submitted as alternative solutions to the required dumpster enclosure problem.
Motion by Peterson, seconded by Szurek, to approve the garbage dumpster be combined in the enclosed tire storage area and the waste oil tank in the enclosure by itself. Roll Call: All Ayes.
B.Zero Lot Line Ordinance.
Evelyn Nygaard presented a request by the City Council for· the review of a proposed •zero" lot line ordinance. This Zoning Ordinance amendment would allow existing qualifying side by side double bungalows to be legally •split" and become saleable as single, owner/occupied dwelling units. Owners of these buildings had been surveyed as to their interest in this type of change. She informed the Commission that of the 546 duplexes in the City, there appear to be 95 possible candidates for the • zero lot line• .
Discussion followed on Ordinance content. It was the concensus of the Commission that the existing proposed Ordinance was insufficient to cover the needs of the City. A number of suggestions were made for additions including the following:
1.Restrict to unit being owner/occupied and not used as future rental.2.Draft a section covering maintenance of building including continuityof exterior upkeep (ie. roofing, siding, painting, etc.)3.Escrow account for mainte�ance.4.Section 9.108(2)(d)(7), add a requirement that the garage and.driveway
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CITY OF COLUMBIA HEIGHTS
Application For:
Application Date: t./ l 2 19 3Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other
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Case No: 1...-fj C, 5 " fi
Fee:�/),01) Date
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Receipt No: ________ _
0 Street Address of Subject Property: 4CZLI c..=.rJ7Jl-4i Av,
2.Legal Description of Subject Property: _____________________ _
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Applicant:
Name: RoBc/6T ti<O£J-:
Address: 4 (J/ / CEr/T{lA L ,AV ,
Phone: ';7/ 1 3=97 s�
Description of Request: rek!OJT) cJrJ_fo L
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(9 Owner:
Name: f?o ffct?T/ P&e f J-'
Address = 1(Jtj c&i/[@-L-,.Avv
Phone: 5":7/ . [:t"/q,Y:" .
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6.Zoning:
Applicable City O�dinance Number ___________ Section ____________ _
Present Zoning __________________ Proposed Zoning, __________ _
Present Use ___________________ Proposed Use ____________ _
([) lleason for Request: 7/1/?; (U/ke Gl-Y/4/N-J3j</Jokl}/N A/(7.. C(},
( Jian,1v1:-A&iJ Aut Ctbt PLY1o N1,,1Cr Ctx11J1k, 414:'1 cfd/ld.r,-e -' 1jtlut/fff <l)ff {f: .<J�akr-e 511eP }pf l?U1'---Ad/2 Ln&f ,1.&(/Ju'.JJtcc:
8.Ez:hibits Submitted (maps, diagrams, etc.) _______________________ _
9.Acknowledgment and Signature: The undersigned hereby represents upon all of thepenalties of law, for the purpose of inducing the City .of Columbia Heights to take theaction herein requested, that all statements herein are true and that all work hereinmentioned will be done in accordance with th/]Ordinances of the City of Columbia Heightsand the laws of the State of M /4, ·
Signature of Applicant -+------i!i'-....,._._.._-,1'++-_..-++��------Date: __ 3/..;...,'"-"�'-,,,�-""-
Taken By: _ ___...._. __
PLANNING AND ZONING C, d SS I ON REGULAR MEtTING -AGENDA October 1, 1985 Page 3
The Proft residence is a non-conforming use within the Retail Business District.
According to Section 9.103(31), the definition of a Home Occupation is when it meets the following requirements:
1.When engaged in only by persons residing in the dwelling.
2.When the occupation does not require additional parking.
3-When evidence of the occupation is not visible from the street.
4.When the principal structure becomes the base of the operationfor that occupation.
5.When the occupation does not involve the retail sales on thesite of products produced off the site.
Staff's interpretation of the Ordinance would be that all items required for a Home Occupation would be met except Item #4 which states that the principal structure be the base of the operation. Hr. Profts Home Occupation would be performed in the accessory structure.
Section 9.105(5)(a) states that discretionary judgement is to be applied when considering a request relative to time, intensity of the use, existing circumstances, etc.
RECOMMENDATION: Staff recommends approval with the following conditions:
1.The C_onditional Use Permit is not transferable and becomes voidif Mr. Proft is not living in the residence.
2.Signage be limited to eight (8) square feet located fifteen (15)feet from the front property line.
D.Public HearingConditional Use PermitCase #8510-65
Little Voyageurs Montessori School 825 N.E. 51st Avenue Columbia Heights, Mn.
Richard Hock, representing Little Voyageurs Montessori School, is requesting a Conditional Use Permit for a daycare center and a waiver of the requirement of 75 square feet of fenced-in play area per child as required by Section 9.108(2) (c). The reason for the waiver request is that St. Timothy's Church will oot permit a fenced-in area.
The Department of Human Services Rule #3, Section 9545.0540, sub. 13-8, does not require a fenced-in area provided a park facility is within 1,000 feet of the
school. The Church property adjoins Sullivan Park.
PLANNING AND ZONING C ISSION REGULAR MEETING -AGENDA October 1, 1985 Page 2
4.Petitions, Letters and Re�uests:
A.Public HearingPrivacy FenceCase #8510-62
Walton and Carol McCain
4416 N.E. 4th Street Columbia Heights, Mn.
Mr. and Mrs. McCain are requesting permission to install a privacy fence in the rear yard at 4416 N.E. 4th Street. The fence is to be constructed of treated wood, six (6) feet high, a vertical,alternating, non-climbable fence with 4x4 posts every ten feet.
The reason for the request is to obtain privacy and for the future installation of an above ground swimming pool. The fence will enclose that portion of the rear yard located from the rear of the garage to the rear of the home. The adjoining property owners have signed the required consent form.
RECOMMENDATION: Staff recommends approval of the request provided the 4x4 post spacing is reduced to eight (8) feet as required by Section 6.402(3)(d) of the Fence Ordinance.
8, Public Hearing Sign Variance Case #8510-63
Walgreens Drug 4350 Central Avenue N.E. Columbia Heights, Mn.
Ben Lindberg of LeRoy Sign Company, representing Walgreen Drug, is requesting a 58 square foot variance from the allowed size for a wall sign in a Retail Business District. The,maximum square footage permitted for a wall sign facing a street is 100 square feet. The total signage proposed is 158 square feet. A sign measuring 4'x35' for a total of 140 square feet would advertise Walgreen·s while a sign measuring 12'x1½' for a total of 18 square feet would advertise the pharmacy.
The variance requested is due to the hardship of the building location and its distance from Central Avenue.
RECOMMENDATION: Staff recommends approval of a forty (40) foot variance which could be accomplished by eliminating the word pharmacy from the proposed sign.
C.Public HearingConditional Use PermitCase #8510-64
Robert Proft
4911 Central Avenue N.E. Columbia Heights, Mn.
Mr. Proft is requesting a Conditional Use Permit to operate a Home Occupation Sign
Shop in a proposed additional 24'x24 1 accessory structure located in the rear yard
at 4911 Central Avenue. Mr. Proft is planning a semi-retirement and wishes to
continue his sign business on a smaller scale.
PLANNING AND ZONING COM, ,SIO N REGULAR MEETING -MINUTES October 1, 1985 Page 3
additional 18 square feet advertising the pharmacy for a total of 158 square feet.
Discussion was held regarding the sizes of the previous variances granted to the other tenants of the Central Valu Hall. It was the determination of the Commissioners that the size of the variance request would not be out o·f line with the variances previously granted to the other stores.
Motion by Peterson, seconded by Heintz, to recommend to the City Council the approval of the 58 square foot variance request due to the hardship of the building location and its distance from the street. Roll Call: All Ayes.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR OCTOBER 15, 1985.
C.Public HearingConditional Use PermitCase #8510-64
Robert Proft 4911 Central Avenue N.E. Columbia Heights, Hn.
Mr. Goranson presented the request of Hr. Proft for a Conditional Use Permit to operate a home occupation sign shop in a proposed 24 1 x24' accessory structure in the rear yard at 4911 Central Avenue. Mr. Goranson informed the Commissioners that the residence is a non-conforming use within the Retail Business District.
Mr. Goranson also referred to Section 9,103(31) of the Zoning Ordinance defining
a Home Occupation. He stated all items required in the definition would be met
in this case except Item #4 which states that the principal structure be the base of the operation.
Mr. Proft also requested permission to construct a 24 square foot, two-sided sign on the front yard to advertise his business. Hr. Goranson recommended the sign be limited to eight square feet per side and be placed no closer than fifteen square feet to the front property line which is the setback required in a Retail Business District. The Commission discussed the signage and came to the conclusion that 16 square feet would be the appropriate size for the business as it is still a residence and a home occupation. Anything larger could obstruct traffic visibility due to the fact that the entry into the shopping center and Hr. Proft's driveway are the same.
Motion by Nixon, seconded by Heintz, to recommend to the City Council the approval of the Conditional Use Permit provided the Conditional Use Pe11nit not be transferrable and would become void if Hr. Proft does not Jive in the residence and that the signage be limited to sixteen (16) square feet on each side and be located a minimum of.fifteen (15) feet from the front property line. Roll Call: All Ayes.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR OCTOBER 15, 1985.
Regular Council Meeting October 15. 1985
p�ge 2
( ,d ttiat it also be referred to the Science, Technology and Energy Commission for reviewat its October 22nd meeting. Roll call: All ayes
4.Oral PetitionsTtiere were no oral petitions.
5.Ordinances and Resolutions
a. Resolution No. 85-59 Establishing 1986 Business License Fees The City Manager reviewed the two changes to the business license fees, the first re
garding Sunday liquor licenses and the fee and the second regarding the omission of"City beer license." This item was tabled to be considered at a later point In the meeting.
6.Communications
a. Conditional Use Permit, Site Plan Revisions, Auto Hax, 4501 Central Avenue The City Manager advised the Council that Auto Hax submitted a revised site plan to
the Planning and Zoning Commission and received approval with stipulations regardingshrubbery, rock removal, dumpster location and completion of the blacktopping and parking space striping when the building addition is completed in the Spring of 1986. The City Mar.ager is requesting the Council refund the money held in the Letter of Credit less the fees of the City Attorney and the costs incurred by the City and authorization to execute an Escrow Agreement with Auto Hax, Inc.
,�otion by Petkoff, second by Peterson to authorize the Mayor and City Manager to'i_ Kecute an Escrow Agreement with Auto Hax, Inc. for the purpose of assuring completion of various site plan requirements. Roll call: All ayes Motion by Peterson, second by Petkoff to authorize the City Manager to refund to Auto Max, Inc. the sum of S23,000 less costs and fees involved in drawing upon the -letter of Credit and preparing the Escrow Agreement. Roll call: All ayes
b.Planning and Zoning C�mmission
1.Walgreens Drug, 4350 Central Avenue, VarianceWalgreen Drug is requesting a 58 square foot variance on the size of a wall sign tobe located at their new store at �350 Central Avenue. The signage proposed would be
l�O SQuare feet advertising Walgreens plus •n additional 18 square feet advertisingthe pharmacy for a total of 158 square feet. �otion by Carlson, second by Peterson to approve Walgreens variance request of 58square feet due to the hardship of the topography of the lot and distance from Central Avenue to the builJing and as recommended by the Planning and Zoning Commission. Rol 1 cal I: Al I ayes
2.Robert Proft, 4911 Central Avenue, �onditiona1 Use Permit, Home OccupationMotion by Hovland, second by Petkoff to authorize a conditional use permit, homeoccupation for Robert Proft to conduct a sign shop business at 4911 Central Avenueas recommended by the Planning and Zoning Conmission and subject to the followingconditions:
a.The conditional use permit is not transferable and becomes void if Hr. Proftis not living in the residence at 4911 Central Avenue
{ b. Signage is limited to one double-f•ced sign not to exceed 20 square feet In\.. area located a minimum of 15 feet from the front property line. Mayor Nawroc ki requested that the Engineering Department locate the front property line as well es discuss this matter with the City Attorney. Roll call: All ayes
..
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CITY COUNCIL LETTER
Meeting of: May 24, 1993
AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER
NO: 7 Building Inspections APPROVAL
ITEM: Temporary Sign Request BY: Evelyn Nygaard � BYGru],
NO: 4453 Central Avenue 7.8. DATE: May 24, 1993 I -5/;).t..j lCi� -
Attached is a copy of a letter from Lynn Herbal of Central Floral, 4453 Central
Avenue requesting permission to install a temporary 4 foot by 8 foot non-flashingmarque sign for the period of one month at the front of the lot. Central Floral is a new business with a proposed opening date of May 26, 1993.The permanant signage will not be ready for display until June 21, 1993.
Staff recommends approval of the temporary signage, in keeping with past practice, for a maximum of five days provided a $100 check is deposited with the City toassure removal of the sign at the end of the five day period.
RECOMMENDED MOTION:
Move to approve the temForary signage for 4453 Central Avenue for a maximum of five
days from May 26, 1993 through May 30, 1993 provided a check in the amount of $100is deposited with the City License Clerk prior to installation of the temporary
signage. --
ALTERNATIVE MOTION:
�ave to approve the temporary signage for 4453 Central Avenue not to exceed thirty �lR) days provided a check in the amount of $100 is submitted to the License Clerk
pri�-nsta-M.,a-t�0n-of-the:-s-i.--gna-ge.--.----------------------
COUNCIL ACTION::11 <---A C?'n.,;-
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CITY COUNCIL LETTER
Meeting of: May 24, 1993
AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning APPROVAL
ITEM: Conditional Use Permit, K-Mart BY: Evelyn Nygaard BY:
NO: #9306-13, 4747 Central Avenue DATE: May 24, 1993
At their special meeting held at 6:00 p.m. May 24, 1993, the Planning and Zoning
Commission reviewed the request of the K-Mart Store, 4747 Central Avenue for a Conditional Use Permit to allow the erection of a 25 foot by 25 foot tent in the southwest corner of their parking lot from June 2-8, 1993 to allow the Columbia Heights store to participate in a nationwide promotion. The tent would occupy approximately four parking spaces, none of which are designated handicap spaces.
The Planning and Zoning Commission unanimously approved the Conditional Use Permit
provided a check in the amount of $500 is deposited with the License/Permit Clerk prior to erection of the tent to assure its removal by June 9, 1993.
RECOMMENDED MOTION:
Move to approve the Conditional Use Permit to allow the erection of a tent in the southwest corner of the K-Mart parking lot from June 2-8, 1993 provided a $500 check is deposited with the City prior to the tent erection.
COUNCIL ACTION: ;;)
PLANNING AND ZONING COMMISSION SPECIAL MEETING -MINUTES MAY 24, 1993
PAGE 1
The special meeting of the Planning and Zoning Commission was called to order at 6:05 p.m. Members present were Fowler, Hanson, and Peterson. Commissioners Larson and Szurek were not in attendance. Also present were
Evelyn Nygaard (Building/Zoning Administrator) and LeAnn Bocwinski (City Attorney's office).
PETITIONS, LETTERS AND REQUESTS:
A.Public HearingConditional Use Permit
Case #9306-13
K-Mart4747 Central Avenue
Columbia Heights, Mn.
Evelyn Nygaard presented the request of the K-Mart store at 4747 Central
Avenue for permission to erect a 25 foot by 25 foot tent in the southwest corner of their parking lot from June 2-8, 1993 to allow them to participate in a special national promotion by the K-mart chain. She stated that the tent would occupy approximately four (4) parking spaces, none of which are designated handicap spaces.
Ms. Nygaard explained that Mr. Radtke, the store manager, was informed last week of the nationwide campaign and contacted the City forinformation on pursuing the necessary approvals for the tent usage. The
only City Council meeting prior to the campaign dates is on May 24, 1993, thus the need for the special meeting for review by the Planning and Zoning Commission.
It was noted that in the past a $500 deposit was required for such approv�ls before the temporary structure was allowed to be erected.
Motion by Fowler, seconded by Hanson, to recommend to the City Council the approval of the Conditional Use Permit to allow the erection of a 25 foot
by 25 foot tent in the southwest corner of the K-Mart parking lot, 4747 Central Avenue, from June 2-8, 1993 provided a $500 check is submitted to
the License/Permit Clerk prior to erection of the tent. Roll Call: All Ayes.
*THIS ITEM TO BE PRESENTED TO THE CITY COUNCIL AT THE MEETING OF MAY 24,
1993.
Motion by Fowler, seconded by Peterson, to adjourn the meeting at 6:15 p.m. Roll Call: All Ayes.
Respect� sub�
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Pep Secretary t the lanning and Zoning Commission
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AGENDA SECTION: NEW BUSINESS
NO. 9
ITEM: AW ARD OF SEALCOATING BID
NO. PROJECT 9031
CITY COUNCIL LETIER
Meeting of: 5/24/93
ORIGINATING DEPARTMENT:::(;i]J PUBLIC WORKS
BY: M. Winson � �q.A.DATE: 5/W/93 DATE:$. �-��
On April 19, 1993, the City Council held a Public Hearing for sealcoating the Northwest Quadrant of Columbia Heights. At this
Hearing, the City Council authorized staff to proceed with obtaining bids for the project.
Four sealed bids were received for the bid opening at 2:00 P.M. on May 19, 1993. The bids are:
BIDDER
Bituminous Roadways, Inc.
Alli� Blacktop, Inc.
Astech Corp.
Caldwell Asphalt Co., Inc.
TOTAL BID
$65,329.15
$65,454.45
$69,624.77
$72,130.56
The low bidder is Bituminous Roadways, Inc. of Minneapolis, Minnesota, at $6 5,329.15. The unit prices are approximately 70% of the
estimate used at the Public Hearing.
Staff recommends that the contract be awarded to the low bidder.
RECOMMENDED MOTION: Move to award Project #9301 -1993 Sealcoating Area 1 (Northwest Quadrant) to Bituminous Roadways,
Inc. based on their low, responsible bid of $6 5,329.15 with funds to be appropriated from Fund #415, Assessable PIR Fund; and,
furthennore, to authorize the Mayor and City Manager to enter into an agreement for the same.
MAW:jb
93-271
COUNCIL ACTION:
\
-------·
'l'Im'l'ATIVE AWARD
DID
DIDDER SEC.
Bituminous Roadways, l.nc. Bid 2825 Cedar Ave. So. ·BondMinneapolis, MN 55407
Allied Blacktop, Inc, Bid 10503 89th Ave. No. Bond Maple Grove, MN 55369
Astech Corp. Bid P. O. Box 1025 Bond St. Cloud, MN 56302
Caldwell Asphalt Bid P.O. Box 60 Bond Hawick, MN 56246
CITY OF COLUMBIA IIEIGUTS, MINNESOTA
DID TABULATION
1993 SEALCOATING AREA 1 (NORTHWEST QUADRANT)
DID OPENING• .·-·"'
'l'OTAL DID TIME TO START TIME TO COMP.
$ 65,329.15 Per specs Per specs
$ 65,454.45 10 days 10 days
$ 69,624,77 10 days 10 days
$ 72,130.56 -
'
Weds., May 1.9, 1993 -11 :00
REMARKS
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PROPOSAL
CITY OF COLUMBIA HEIGHTS, MINNESOTA
MUNICIPAL PROJECT #9301 STREET SEALCOATING -NORTHWEST QUADRANT
APRIL 27, 1993
BID OPENING WEDNESDAY, MAY 19, 1993; 11:00 A.M.
Bidders: ..
The undersigned, as bidder, hereby proposes and agrees to enter Into a Contract on the form attached hereto with the City of Columbia Heights, Minnesota, to supply all labor, materials and equipment necessary for the completion of Street Sealcoating -Northwest Quadrant, Project #9301, within the City of Columbia Heights, all in accordance with the the Specifications prepared by the City Engineer, City of Columbia Heights, Minnesota, and in strict accordance therewith, for the following sum:
No. Description
1 Sweep streets before sealcoating 2 Sealcoat {FA-2 Aggregate} 3 Sweep streets after sealcoating
Quantity Unit Unit Price Total
178,984 S.Y. $ .. ol;J..B $ ad..90.'19178,984 S.Y. $ .31 $ .s:s, :ffiS.O'f
178,984 S.Y. $ ,P'r'.)..2-$ ]S.S3, I ';2.-
TOTAL BID $ �5. 3�CZ J&, . ,
It is understood that the Owner may accept or reject any Proposal.
A certified check or bidder's bond in the amount of: . n.. ------------------··_·Dollars{$ ..S-co } drawn to the order of the City of Columbia Heights, Is attached hereto. If this proposal Is accepted and -,g;, b ,.; ov s J2ccr c.f IA.a:::! 1 .;z;:;, s-· refuses, fails, or neglects toexecute the Contract and furnish a satisfactory surety bond within ten {1 O} days of the · date of acceptance of this Proposal, It Is understood and agreed that --..... Dollars ($ ·· So/o ) -said amount being the same as bid security abovementioned-will be liquidateddamages occasioned by such refusal, failure, or neglect. Thereupon said City of ColumbiaHeights shall realize upon said bid security and use the proceeds In the payment of saiddamages. Said certified check will be promptly returned upon completion of the contractdocuments. · · · · · ·
.. This Proposal is submitted after careful study of the Specifications and from a personal knowledge of the conditions at the site, which knowledge was obtained from our own -�·sources of information and not from any official or employee of the City.
It is understood and agreed that this Proposal cannot be withdrawn within sixty {60} daysafter scheduled time for recei pt of bids.
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PROPOSAL FORM
The following Is a schedule for completion of the work.
1 . Time required after Contract Documents are completed to start work: _____ days
PAGE20F2
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2.Time required from commencement to completion (working days /only; does not include Saturdays and Sundays} ____ d.ayc ________ �
1s;fv.....,.. llr\�'-1!2 'R.aa.J
Legal name of Person, Firm or C-orporatlon
t{'fnvi � 11.�.(Signature}
By � W\ J-1.&<. JI L .r
(Print or type name}
Address a-e� c��v: AvL. Sc .
.AJfl<:.. &1-1-�S'/07
Phone 7 ::>-I -'J. 'I 5, I
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LIST OF SUBCONTRACTORS
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Bidders must list subcontractors tentatively scheduled to work on this project All changes must be submitted to the City Engineer. ro, pr, , I, f s Sv..-£+P ;n,,.
BIDDER'S REFERENCES
NAME
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CITY COUNCIL LEITER
MEETING OF: MAY 24, 1993
AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: 9 FINANCE APPROVAL
ITEM: ADVERTISING AT TOP V ALU BY: WILLIAM ELRITEL,t_ BY:
NO: c;. (3. PHIL SUCKERMAN, DATE: MAY 17, 1993
To ensure and enhance the profitability of the City's liquor operation, it is necessary to run periodic advertisements. These advertisements are designed to create a higher volume of sales and profit.
Since the opening of Top Yalu in 1984, the City has run several advertisements around traditional holidays. In addition to this, an advertisement ran for several weeks during the summers of 1987 through 1992 in the Twin Cities Reader promoting the 10:00 p.m. closing. This was very successful and has substantially increased the volume of business between 8:00 and 10:00 p.m. With the opening of a third store, it is even more important that an ad campaign be utilized to generate the very profitable 8:00 -10:00 p.m. business at the new location.
Staff is proposing to run an advertisement in the Twin Cities Reader and the City Pages during the summer of 1993. The advertisement would run biweekly in each paper during the summer on alternating weeks. The total cost would be $5,000.
The alternative to advertising in the Twin Cities Reader and City Pages is to advertise in the Tribune or other media. For this type of ad campaign, the Reader and City Pages have been successful in the past. It is far less expensive than the Tribune or other media and reaches a wide range of consumers. The goal is to reach customers outside of the normal business area.
It is staffs recommendation to run an advertising campaign in the Twin Cities Reader and City Pages. Approximately seven ads will be run during the summer in each paper on alternating weeks.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with the Twin Cities Reader for advertisements of liquor store merchandise and hours, at a cost not to exceed $2,500, and to enter into an agreement with the City Pages for advertisements l of liquor store merchandise a�d hours, at a cost not to exceed $2,500.
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WE:dn 9305191 �t1
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: New Business
NO. 9
ITEM: Purchase and Reimbursement of
NO. Soft Body Armor Q.C .
Meeting of: May 24, 1993
ORIGINATING DEPARTMENT
POLICE
BY: David P. Mawhorter
DATE: May 20, 1993
CITY MANAGER
APPROVAL:
BY:
DATE:
At the Council meeting of April 26, 1993, the Council approved the disbursement of $1,340.00 from
Police budget monies and an additional budget appropriation of $3,630.00 for the purchase of 12 sets
of soft body armor. Further, the Council established a five-year replacement schedule for soft body
armor.
After a survey of all officers, it is determined that ten sets of soft body armor are needed. This is
because several officers declined to have their body armor replaced.
I have received quotes from Streicher's, Inc. and Uniforms Unlimited for the Point Blank Hi-Lite full
coverage protection level II soft body armor. This is the current issue for the department.
Streicher's bid was $409.95 per vest. Uniforms Unlimited's bid was $408.25 per vest. The total cost
for the ten vests would be $4,082.50 for the low bid from Uniforms Unlimited.
Council requested further information regarding tax status, replacement suggestions, and product liability
which is summarized in the backup memo attached.
RECOMMENDED MOTION: Move to accept the quotation from Uniforms Unlimited of ten Point
Blank FC20HL soft body armor vests at the low quotation of $408.25 each, and to authorize police
officers to purchcl$e soft body armor vests under this quotation, with $1,340 being appropriated from
Fund 42100-5180, Police Department and the remaining $2,742.50 to come from the budget
appropriation approved by Council at its April 26, 1993, meeting.
RECOMMENDED MOTION: Move to authorize the Finance Director to reimburse officers in the
amount of $408.25 for th.� purchase of soft body armor.
DPM:mld
93-212
COUNCIL ACTION:
TO:
FROM:
SUBJECT:
DATE:
COLUMBIA HEIGHTS POLICE DEPARTMENT
Mayor Donald Murzyn, Jr.
City Council Members
Patrick Hentges, City Manager
David P. Mawhorter, Chief of Police
Purchase of Soft Body Armor
May 20, 1993
,rv:7 l/J
At its meeting of April 26, 1993, the City Council approved the purchase of soft body armor
for members of the Police Department whose soft body armor was five years old or older.
Further, the Council established a five-year replacement schedule for soft body armor in the
future. There were several questions raised regarding the purchase of soft body armor, which
I will attempt to summarize answers for herein.
The first issue was the issue of sales tax. There was a bill in the state legislature that would
have exempted cities from paying sales tax for the purchase of soft body armor for its
employees. Currently, the only time the protective vests are non-taxable is if they are
purchased by police officers. This bill, I believe, was vetoed by the Governor. I am
recommending tl).at in order to avoid the tax liability that we have officers purchase soft body
armor units at the quoted price of $408.25 and that the City then reimburse officers for this
expense.
The second issue that was questioned was the replacement practice. I reviewed information
from several different sources regarding suggested replacement policies for soft body armor.
Among them are the National Institute of Justice Technology Assessment Selection and
Application Guide for Police Body Armor, the National Institute of Justice Soft Body Armor
Testing Standard 0101.03, an Intem�tional Association of Chiefs of Police panel discussion
that was held 10-07-86, and a periodical from the DuPont Company outlining the properties
of their vest material and recommendations for replacement.
All of this information indicates that there are a number of factors that can lead to the need
to replace soft body armor for police officers. Further, these periodicals also indicate that a
target date to replace body armor is not necessarily always a reliable indicator. There have
been tests done on vests that have been more than ten years old that still retain their ballistic
qualities equal to when they were new. There have also been tests of soft body armor that
is three years old that has totally failed the testing. The basic recommendation made by the
Mayor, City Council, City Manager
Page 3
May 20, 1993
National Institute of Justice, DuPont, and the International Association of Police Chiefs is to
make annual fit and wear inspections, to conduct ballistic testing on existing owned vests that
are three years old or older, and to replace vests every five years. The five-year replacement
schedule is a practical judgment designed to take into account relevant factors such as
changing protection needs and standards, changing weapons, ammunition, personnel
dimensions, hygiene factors, and set wrinkle development. Additionally, technology and
designs improve with time, and finally, DuPont has measured occasional incidents of ballistic
decay primarily in vests over five years old.
For us to test ballistics vests according to the National Institute of Justice Standard 0101.03,
it is estimated that the laboratory testing of one vest would amount to replacement costs of
three or four. So, ballistic testing on our part is financially unrealistic. I don't feel that the
department administration should be evaluating the ballistic integrity of vests and deciding if
they are still feasible. I feel that this practice could place the City in an adverse liability
situation. Therefore, I recommend, as I did in the Council meeting of April 26, 1993, that
we adopt and maintain a policy of vest replacement after five years in order to ensure our
officers the highest level of protection while on the street. Accordingly, upon request of the
officer, the City will reimburse the cost of replacement at a rate not to exceed the low quoted
unit price approved by the City.
The final issue that was raised at the Council meeting is the issue of liability on the part of
the manufacturer. I did have contact with the DuPont Corporation regarding obtaining some
infom1ation on their product liability insurance. They assured me that information was
available, however, it would be several weeks until I received it. To date, I have not received
any information_ from them.
I hope that this information will aid you in your decision regarding this matter. If you have
any questions, please feel free to contact me.
DPM:mld
93-212
05-03-1993 10:45 6125466776 STREICHER'S-MPLS.
Sales Quotition -fer 1
COLU"DIA HEIGHTS POLICE DE�T. SS9 MILL STREET N.£.
COLUMBIA HEIGHTS, MN 55421
CUSTO�ER HUMBER: 66
1 05/03/93 PB-FCHL2N &ALLI$TlC VEST* FULL COVERAGE, HI-LITE 2, NAVY itQUANTITV f'URCHASEili
409.95
/111N: (YI Aw HOR re R.
P.01
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1\1:fa.��t\\o
May 3, 1993
Chief David P. Mawhorter Columbia Heights Police Department 559 Mill Street N.E, Columbia Heights MN e5421
Re: Price Quotation
Dear Chief Mawhorter:
2220 Lyndale Avenue South
Mlnneapolie, MN 55405-2782
912-377-0011
W.A.T.S.: 800-328-9202
Fax; 612-377-0408
1av East 7th Place
Sl Paul, MN 55101-2362
812-224-7567
W.A. T.S.: 800-328-9201
Fax:912·224-O766
�icc!EaY!ElDJ
IIAY5 993
COLUMBIA HEIGHTS POU.CE. OEP�RTMEN'f
Further to your reQuest today, Uniforms Unlimited, Inc. is pleasedto make the following price �uotation:
Point Blank Body Armor�
FC20HL -Color to be determined $408.25
All prices are F.O.B. delivered. Price subject to factory oversize charges. Delivery would be approximately 2-4 weeks A.R.O. and includes fitting of your officers at your office.
Thank you for considering Uniform5 Unlimited. I look forward to your order!
Best regards, rs:��: ��i!-
David J. Lee
DJL:cmt
EEO/AA EMPLOY�R
05-05-93 Jl:56AU FO!
CITY OF COLUMBIA HEIGHTS
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: PAT HENTGES, CITY MANAGER
SUBJECT: MANAGER'S REPORT
DA TE: MAY 21, 1993
1)LIBRARY WATER DAMAGE--
10.A .
As I reported last week, the watermain break on 40th A venue resulted in water damage in the lower level
of the Children's Library. Because of the dampness and drying efforts, the Children's Library has remained
closed this week. Insurance adjusters have recommended the removal of the baseboard and shelving in an
effort to eliminate future problems with mildew buildup and smell. Hopefully, our drying and cleaning
efforts will enable the lower level to be opened up some time next week.
2)SHEFFIELD NEIGHBORHOOD--
I expect a number of neighborhood citizens to again appear at Open Mike regarding concerns with the City's
efforts or lack thereof in the Sheffield Neighborhood. In an effort to enlighten the citizens on the City's
efforts to date, please find the following summary:
a.Housing Code Inspections: There are approximately 250 parcels in the Sheffield Neighborhood
and 101 are rental properties. All of the rental properties were inspected, interior and exterior,
in 1990-1991. In 1993, we inspected the same 101 properties. Ten properties are currently posted
for non-compliance and the license revocation process has commenced. There were 1,070 various
housing code violations. Those violations are in various stages of compliance. The balance of the
parcels, that include mostly single-family homes, are expected to have exterior only inspections
sometime in the next two weeks.
b.Community Policing: One full-time officer has been assigned to the Sheffield Neighborhood over
the past year. His job involves approximately 50% of his time following up on problems and the
other 50% of the time on bike or squad car patrol. A police intern wiU be working directly with
him over the summer months.
c.Traditional Police Patrol: Our shift commanders on the various patrols are stepping up their
drive-through efforts in the neighborhood making conscious efforts to drive through alleys and
regularly drive by problem properties.
d.Special Police Operations.: Periodically, we have conducted special police operations or problem
solving in the area. For example, information gathering and coordinated efforts with Anoka
County Investigation resulted in the recent drug arrest.
e.Noise/Party Ordinances: In Fall, 1992, two ordinances were enacted in response to the party,
tenant disturbances, and noise complaints that the City was receiving from residences near rental
properties. The ordinances enabled the City to pose sanctions against landlords who are not
aggressively dealing with problem tenants. The new laws have resulted in evictions of proble'm
tenants by landlords.
f.Trespass Ordinance: This ordinance recently was enacted by the City Council. It enables Police,
in cooperation with the landlord, to approach and remove loiterers and unwanted individuals
from the common grounds near and around apartment/rental properties. We feel this ordinance
will be of value during the summer months to address the problems in the alleys and parking lots
of the Sheffield area.
g.Street Lighting: On a City-wide ba ·sis, mid-block street lighting was approved. The City also
has installed, in a couple of instances, alley lights at problem locations in Sheffield.
h.Neighborhood Clean Up: A volunteer neighborhood clean up program was conducted this Spring
in Sheffield. We hope for additional tenant involvement and participation if the program is
undertaken next year.
MANAGER'S REPORT
Page 2
May 21, 1993
i.Landlord Meetings: The City Attorney and Police Department have conducted monthly landlord
meetings. The purpose of meeting is to dis.cuss and inform landlords new rental program
initiatives. Much of the meeting time has been spent encouraging improved new tenant screening
practices and better property management techniques. We are beginning to see cooperation and
results from many of the landlords.
j.HRA Building Rehabilitation: The HRA has assisted with the rehabilitation of three buildings
comprised of twelve rental units. The buildings were substandard and vacant prior to the HRA's
financial assistance to the projects.
k.Sheffield Plan: City staff is currently finalizing an action plan for the Sheffield Neighborhood.
The plan would build upon the efforts outlined above plus include new initiatives. Special efforts
will be placed on rehabilitation/redevelopment programs, further code enforcement measures,
and administrative practices for housing assistance programs. I will stress that details of any plan
will not be released until they are first presented to the City Council.
3)ADA PARK BUILDING IMPROVEMENTS--
All of the ADA improvements for park buildings have been completed and are in place.
4)TOWING OF UNWANTED VEIIlCLES--
Attached please find a program being offered for towing of unwanted vehicles. Essentially, the program
enables residents to have unwanted vehicles towed free of charge to the salvage yard, with the proceeds of
the salvage going to the DARE Program. If the City Council has any questions or comments regarding the
program, please do not hesitate to call me.
5)52ND AVENUE FLOODWAY PROJECT--
As the City Council recalls, this joint project between Fridley and Columbia Heights was previously
discussed. City staff was authorized to proceed ahead with the plan that is essentially the same as the
original project, but without the detention pond. A neighborhood meeting is scheduled for June 8, 1993,
at 7:00 PM at the Mathaire Park building. The engineering staff will present the project to interested
citizens. City Council will be supplied with the notice/letter, a list of property owners, and a summary of
the revised plan in advance of the meeting.
6)PUBLIC WORKS OPEN HOUSE--
A hand should go out to the Public Works' staff for a very successful Open House. It is estimated that
approximately 550 people attended the Open House. The scientific estimate was derived from the over
1,000 hotdogs that were served (factored in was the 27 hotdogs served to one individual). Again, I think
the success of this event could be built upon and billed next year as a City-wide Open House and a theme
promoting the overall livability of our community. City staff will file a report at a future work session
outlining various options relevant to such a promotional event.
7)CONGRESSMAN ROD GRAMS STAFF VISIT--
Barb Sykora from Congressman Rod Grams' staff would like to appear before the Council at the June 28th
meeting. If there is specific Federal legislation or problems that you would like Ms. Sacora to address,
please contact me.
MANAGER'S REPORT Page 3 May 21, 1993
WORK SESSION SCHEDULE--request a June 7, 1993, work session meeting. Perhaps a 6:00 PM meeting start coul9 be a
11
rr,nged. , ;/ 1 � sA.vJI[!_ yJ�� 9)POST OFFICE USE OF TYLER STREET-----� �' (! � _...,. 'b' Please find a response from the Post Office regarding the use of Tyler Street. Weir�[� Council's advise on how to resolve this problem. (/ -
If you have any additional questions or comments regarding the agenda or other matters, please do not hesitate to contact me over the weekend.
PH:bj 93/60 Attachments
Pat Hentges City Manager
COLUMBI_A JiEIGHTS POLICE DEPARTMENT
TO, David P. Mawhorter, Chief of Police
FROM, Sergeant Robert Jendro
SUBJECT, TOWING UNWANTED VEHICLES FOR D.A.R.E.
DATE, Hay 5, 1993
The Columbia Heights Police Department, with the assistance of Sroga's Towing, would like to initiate a program along the same lines as one that has been used in St. Anthony Village for the past two years to raise money for D. A. R. E. ( Drug Abuse Resistance Education).
Residents of Columbia Heights would be notified through local newspapers and on the City Community Bulle tin Board about the program. They would be asked to contact the Columbia Height::; Police Department during regular business hours to fill out a form to enroll them in the program.
The program would work as follows,
1.Residents would be informed that if they have the legal titlein their name and keys for an unwanted vehicle they wish todispose of, Sroga · s would waive the towing costs if theresident agrees that any money recovered from the sale of thevehicle be donated to the Columbia Heights D.A.R.·E. Program.
2.Residents would bring the titleHeights Police Department whereallowing this to happen.
and keys to they would the Colu111bia sign a form
3.Technicians would run a license check to verify the vehicle isregistered in the resident's name and obtain an exact locationof the vehicle on the resident's property.
4.Target week would be June 7 to 12, 1993. The Columbia HeightsPolice Department would provide titles, keys, and locations toSroga's Towing.
5.It is proposed that residents taking part in this programwould receive letters from the Columbia Heights PoliceDepartment thanking them for their donation to the D.A.R.E.Program.
RJ/kao
/�o:
FROM:
SUBJECT:
DATE:
CITY OF COLUMBIA HEIGHTS
Public Works Department
PATRICK HENTGES
CITY MANAGER
MARK A. WINSON fl/�
PUBLIC WORKS DIRECTOR/CITY ENGINEER
POST OFFICE USE OF TYLER STREET
AND 43RD A VENUE
MAY 20, 1993
Per Council direction, due to the concerns of Les Chies and Harold Hoium, I contacted the Post
Office regarding their use of Tyler Street and 43rd Avenue by tractor-trailers to access the
loading docks. The Post Office's reply is attached.
Tyler Street is posted 15�000 GVW, but Section 7.201(2) of the City Code states that vehicles
may use any street where absolutely necessary to reach a particular destination within the City.
You may wish to discuss this issue and the Post Office reply with the Council before I forward
a copy of the Post Office letter to Mr. Chics, as it is my feeling that Mr. Chies will wish to
revisit about this issue.
Additionally, as I previously reported, I agreed to swap a small portion of Mr. Chics' driveway
to quiet his complaints regarding a former construction project I and a volunteer from Public
Works hand swept the contested area on May 7th.
MAW:jb
93-272
May 12, 1993
Mr. Mark A. Winson Public Works Director City of Columbia Heights 590 40th Ave NE
.._�TES P05r1,,
"'�"' Cl "' Ill , ::a � C z -;:; ::l U.S.MIJL ffl * -*""•• ....
United States Postal Service
Columbia Heights, MN 55421-3878
Dear Mr. Winson:
Thank you for contacting us regarding your concerns over the use of Tyler Place by Postal Service tractor-trailer vehicles.
The Post Office access on 44th Avenue is barricaded because of safety concerns. Our tractor-trailers cannot to turn in on 44th because it is the exit for Postal Service customers. The constant activity of customers depositing mail in the collection boxes causes congestion and makes it unsafe for tractor-trailers turn in on 44th Ave. Also, therehave been problems with neighborhood automobiles cutting through the lot driving in and out the exit.
The safety of 9ur customers and employees must be our first priority.
If you require additional information, please feel free to contact the Columbia Heights Station Manager Tom Peterson.
5(,rz:trel y,
, >j)Nrit:;.anager Consumer Affairs U.S. Postal Service 100 South First Street Minneapolis, MN 55401-9631 612-349-4711
RECEIVED
MPtY 13 1993
Public Works Dept.
TO CITY COUNCIL HAY 24, 1993 *Signed \Ja i ver Form Accompanied App 1 i cation
1993 LICENSE AGENDA
APPROVED BY
BUILDING OFFICIAL
II II
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II II
II II
t I II
PUBLIC WORKS DIR.
POLICE DEPT.
CONTRACTORS
�':Gertman Mechanical Hallman Oil Company *K & H RoofingKallerup Construction*Kath Heating & A/C*Mid-City Mechanical�':No rt hen Asp ha 1 tSecurity Fence & Const. Bernie Zebro Cement
TREE SERVICES
�Holloway Landscape & Tree
AUCTIONEER
*James Lee BowlandAnoka/Fridley Auctions
......
LICENSED AT
9177 Davenport St. N,E. 677 Pierce Butler Rt. 2205 California St. N.�. 1602 Archwood Rd., Mtka. 3096 North Rice St. 11927 F1intwood St. N.\!.11064 Raddison Rd. N.r.4831 Washington St. N.F.. 2407 Washington St. 'I.E,
1405 Upton Ave. N., Mpls.
638 N.E. 37th Ave. Hay 22, 1993
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