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HomeMy WebLinkAboutJanuary 9, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 9, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 9, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERlROLL CALL/INVOCATION Mayor Peterson stated that Father Al Backmann was unable to attend tonight and stated that he is leaving our community for the City of Lindstrom. He stated the hope that Father Al can attend our meeting one more time before he leaves. Pastor Dan Thompson will stand in for him tonight. Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Presentations Marsha Stroik, on behalf of the Columbia Heights Booster Club, presented a check for $30,000 to the Recreation program. Recreation Director Keith Windschitl, Recreation Director, thanked the Booster Club. Nawrocki stated there is an obligation to designate where the funds go before they are used. Bill Elrite, Finance Director, stated that is a legal question rather than a finance question. Jim Hoeft, City Attorney, stated designation is not necessary. Nawrocki indicated that the State Auditor gave the opinion that you can not spend funds until you formally accept them and requested that this be checked on. Elrite stated that we fonnally accepted it by resolution at the end of the year. Peterson stated that over the years the Boosters have donated over a million dollars to the City and he requested that Ms. Stoik report back to the group the City's appreciation for their generous donation. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for December 12,2005 regular City Council meeting Motion to approve the minutes of the December 12, 2005 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes ofthe November 22, 2005 Park and Recreation Commission meeting. Nawrocki stated that at this meeting the rate increase was discussed. He asked if City Council Minutes January 9, 2006 Page 2 of21 the early rental charge for Friday allows for the resident discount? Windschitl stated it allows for a 25 percent discount. b) Motion to accept the minutes of the December 6, 2005 Library Board of Tmstee meeting. c) Motion to accept the minutes ofthe January 3, 2006 Planning and Zoning COlmnission meeting. 3) Establish Work Session meeting date for Tuesday, January 17, 2006, beginning at 7:00 p.m. in Conference Room 1. - Removed 4) Schedule a ioint City Council and School Board Work Session meeting for Monday, January 30, 2006, beginning at 7:00 p.m. in the City Hall Council Chambers. Fehst stated this would be to discuss possible constmction of some mutual gyms, passage of the bond issue and also items from the City Council regarding the budget and/or cooperation on recreation programs. Motion to schedule a joint City Council and School Board Work Session meeting for Monday, January 30, 2006, beginning at 7:00 p.m. in the City Hall Council Chambers. 5) Establish a public hearing date of Monday, Febmary 13,2006 at 7:00 p.m. on basic services programming and equipment rates and installation charges Comcast calculated in its March, 2005, rate filing Nawrocki stated that his bill shows an increase of about ten percent rather than a decrease. People should not be fooled, if the basic rate went down that means that the rest went up even more than ten percent. Motion to establish a public hearing date of Monday, Febmary 13, 2006 at 7:00 p.m. or as soon thereafter as possible, to pennit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2005, rate filing. 6) Designate Sun Focus News as the official City Newspaper for 2006 - Removed Nawrocki stated that many residents do not even receive the Focus newspaper and some papers are not placed on the step or the mailbox, but on the ground. He asked if the Mayor met with the newspaper staff. Peterson stated that because ofthe holidays he did not meet with them, but still intends to do so. Kelzenberg stated that he did not receive the Focus for the last three weeks and is not happy with their service. Diehm asked if we are required to designate the official paper by a specific date. Jim Hoeft, City Attorney, stated there is a specific date or the official paper would default to the current newspaper. He asked that Council pass on this item and he would research the date. 7) Approve the 2006 Residential Recycling Program Joint Powers Agreement with Anoka County Nawrocki asked if this agreement is the same as last year. Fehst stated it is the same. City Council Minutes January 9, 2006 Page 3 of21 Nawrocki stated in the last negotiated contract we were told there would be a single container pilot program by fall and this would be a good place to use this money. Anoka has had a considerable increase in recycling with this program. Fehst agreed this money could be used for that program. The company pushed the program back and it will begin in the spring. Peterson stated that the Recycling Coordinator does have a date for the program. Motion to authorize the Mayor and City Manager to enter into the 2006 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $47,755.10 available as reimbursement for eligible expenses. 8) Approve Public Warks Blanket Orders for 2006 Purchases Motion to authorize staffto process blanket purchase orders in an amount not-to- exceed the 2006 budget amounts for: De-icing salt for salt/sanding operations purchased offthe State of Minnesota Contract and Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement. 9) Authorization to seek bids for 2006-2007 Diseased Tree Removal Program. Nawrocki stated that we should attempt to receive a bid from our local tree trimmer. Motion to authorize staffto seek bids for the 2006-2007 Diseased Tree Removal Program. 10) Authorization to seek bids for miscellaneous concrete program Motion to authorize staff to seek bids for miscellaneous concrete replacement and installation project. 11) Adopt Resolution No. 2006-04, being a Resolution to approve the addition of2.08 miles of County State Aid Highway in Anoka County. Nawrocki stated that block is already on the County State Aid system. Kevin Hansen, Public Works Director, indicated it is County Road 102 and they are changing the designation fi.om 44th to 57th and from 5ih to University to a State Aid Road. Motion to waive the reading of Resolution No. 2006-04, there being ample copies available to the public. Motion to adopt Resolution No. 2006-04, being a Resolution to approve the addition of2.08 miles of County State Aid Highway in Anoka County. CRI02 (Main Street/5ih Avenue NE) from CSAH 2 (44th Avenue NE) to TH48 (University Avenue) with the City of Columbia Heights to be designated as CSAHI02. RESOLUTION NO. 2006-04 Being a Resolution revising the County State Aid Highway System at CR102 (Main Street/Sih Avenue NE) from CSAH 2 (44th Avenue NE) to TH47 (University Avenue) within the Cities of Columbia Heights and Fridley to be designated as CSAH 102. The length of this segment is 2.08 miles. WHEREAS, the County Board of the County of Anoka did adopt a Resolution on November 22, 200S, locating, establishing, designating and numbering the County State Aid Highway System of Anoka County; and, City Council Minutes January 9, 2006 Page 40f21 WHEREAS, said Resolution locates and establishes certain County State Aid Highways within the corporate limits of the City of Columbia Heights, Minnesota. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the resolution adopted by the County Board, a copy of which is attached hereto and made a part thereof, locating or establishing the County State Aid Highway system within the City limits (and revoking certain portions of said system) is in all things approved. 12) Adopt Resolution No. 2006-05 being a Resolution authorizing application for 2006 Community Development Block Grant funding removed Fehst stated this would be for the demolition of the Mady's building. Nawrocki stated this is premature and asked where the money come from to buy the building. We should talk about what possible uses there are for that money. Kirsten Partenheimer, Community Development Specialist, stated though it may seem premature, the application is due today and we would have to wait another year to apply again. This is a great opportunity to use funding from another source. If the City decides there is a better use ofthe funds, they can be reallocated. Nawrocki expressed displeasure that this is the first time Council heard of this application. Fehst reminded Council that the EDA has set this as a high priority for purchase, clean up and development. Nawrocki took exception to this interpretation and reminded Council of the cOlmnitment to the Heritage Heights neighborhood and the discussion of gym space. 13) Resolution 2006-02, Conditional Use Permit for Outdoor Storage at 683 - 39th Avenue NE. Case #2005-1201 - removed 14) Authorize application for one-time raffle request by the Tri-City Hockey Association on February 17,2006 at J.P. Murzyn Hall. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time raffle event to be conducted by the Tri-City Hockey Association on February 17,2006 at John P. Murzyn Hall, Columbia Heights, Minnesota, and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 15) Approve Business License Applications - Removed Nawrocki questioned appropriateness ofthe massage license in a residential neighborhood. Jeff Sargent, City Planner, stated that all qualifications and licenses meet our City Code. Nawrocki asked ifthe property owner was the applicant. Sargent stated it was. Nawrocki stated that in the past that this type of activity was limited to 39th Avenue. Sargent stated that after speaking to the City Attorney this is not restricted by our zoning code. All necessary steps for licensing and pennits were followed for massage therapy. 16) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 11529 through 115610 in the amount of $2,233,264.12. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda, with the City Council Minutes January 9, 2006 Page 5 of 21 exception of items 3, 6, 12, 13 and 15. Upon vote: All ayes. Motion carried. 3) Establish Work Session meeting date for Tuesday, January 17,2006, beginning at 7:00 p.m. in Conference Room 1. Diehm indicated that she has a conflict on January 17 and suggested meeting prior to the January 23 Council meeting, but knew that Councilmember Nawrocki may have concerns with limiting the time of a work session. Nawrocki stated that we do not have an agenda for that meeting. Pehst listed the work session items: used auto sale lots, board and commission liaisons, feasibility report for zone 7B, feasibility report for 2006 water main cleaning and lining project, and feasibility report for Prestemon Park athletic field lighting. Nawrocki stated that would be a heavy workload. Prior to this it was stated that we would not have a work session on the third Monday of the month and we would meet on the third Tuesday. Diehm stated she has a personal conflict. Nawrocki suggested meeting on Wednesday. Peterson stated that several Council members would be out oftown. Diehm stated she could meet from 5:30 to 7:00 p.m. on the 17th. Nawrocki suggested meeting on Saturday. Pehst stated he would be unavailable. Peterson indicated if items were not completed from 5:30 to 7:00 p.m. on the 17th the meeting could be continued to the 23rd at 5:30 p.m. Motion by Diehm, second by Kelzenberg, to establish a Work Session meeting date for Tuesday, January 17,2006 beginning at 5:30 p.m. in Conference Room 1, with any uncompleted business to be continued to 5:30 p.m. on January 23rd. Upon vote: All ayes. Motion carried. 12) Adopt Resolution No. 2006-05 being a Resolution authorizing application for 2006 Community Development Block Grant funding Diehm stated it is irrelevant where there is an agreement as to how the funds are to be spent. Since there is a deadline, she would like staff to submit the application. We can have further discussion later, but we should not miss the opportunity to apply. Peterson stated that the Community Development Department through grant processes in the last 42 months has received $5.2 million dollars for our community. He commended them and asked them to continue on this path. Nawrocki stated that we have received community block grant monies for many years, though now Met Council funds are more competitive. Pehst stated this is not to dismiss funds received in the past. This effort has been astounding and is to be applauded. Nawrocki stated his exception to the tone applied. Kelzenberg indicated it is foolish not to move ahead on the grant. They are willing sellers and we are willing buyers on the Madys property. Ifwe get the funds, we can use them on something else. Nawrocki stated again that staff waited until the last minute to tell Council about the grant application, which is poor staff work. This does not talk about the money to buy the propeliy or other potential uses of the funds, such as Heritage Heights. City Council Minutes January 9, 2006 Page 6 of21 Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-05, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated he would vote for this motion, but wanted the record to reflect that if we do not go ahead with this project we will use the money for another project. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-05, being a Resolution of the City Council of the City of Columbia Heights, Minnesota authorizing application for 2006 Anoka County Community Development Block Grant (CDBG) funding for the purpose of demolition ofthe Mady's building at 3919 Central Avenue NE in the amount of $225,000; and furthermore, to submit said application to Anoka County. Upon Vote: All ayes. Motion carried. RESOLUTION 2006-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING APPLICATION FOR 2006 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE PURPOSE OF DEMOLITION OF THE MADY'S BUILDING AT 3919 CENTRAL AVENUE NE IN THE AMOUNT OF $225,000; AND FURTHERMORE, TO SUBMIT SAID APPLICATION TO ANOKA COUNTY WHEREAS, the City identified the area including the former Burger King, Mady's Bowl and Retail Center and Columbia Heights Rental as a redevelopment priority in January 2002; and WHEREAS, the City received a Metropolitan Council Livable Communities Demonstration Account (LCDA) Opportunity Grant for $25,000 to pay for redevelopment planning; and WHEREAS, Phase I Environmental Site Assessments and Tax Increment Financing Eligibility Assessment reports have been completed and determined this area to be contaminated and the buildings blighted; and WHEREAS, the City received a grant to defray the costs of a Phase II Environmental Site Assessment, to commence in February 2006, to determine the depth and breadth of contamination and the necessary remediation plan and its cost; and WHEREAS, the use ofCDBG grants for demolition of the Mady's building is consistent with the program's national objective of aiding in the prevention or elimination of slums or blight; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2006 Community Development Block Grant Program to be submitted on January 9, 2006; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for [mancial assistance, and the institutional, managerial, and [mancial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Mimlesota has authorized staff to submit an application for $225,000 for demolition of the Mady's building at 3919 Central Ave NE. City Council Minutes January 9, 2006 Page 7 of21 13) Resolution 2006-02, Conditional Use Permit for Outdoor Storage at 683 - 3 9th Avenue NE. Case #2005-1201 Jeff Sargent, City Planner, stated JeffBahe is requesting a Conditional Use Permit (CUP) for Outdoor Storage at 638 39th Avenue for storage of vehicles they are working on. The Planning and Zoning Commission approved the CUP. A concern at the meeting was the 6 foot privacy fence. Staffhas determined that a 20 foot setback from the front lot line would be best for the overall site line. Therefore, items 10 and 11 were added to the resolution following Planning and Zoning COlmnission approval. Nawrocki commented that the Planning and Zoning Commission did not recOlmnend these two items. He was pleased with the requirements that cars be parked on blacktop, be licensed and be insured. The other auto storage areas in town should be required to follow these requirements. It will be an advantage to clean up this property. Nawrocki stated he would support the resolution. Kelzenberg questioned the Building Official about the violation for removing the Quonset hut. Larry Pepin, Building Official, stated the property owner came in for a removal pennit to balance the record. Kelzenberg questioned how Mr. Bahe could be sure that the vehicles would be insured. Bahe indicated he would be responsible for the Insurance. Peterson stated the dimensions of the blacktopping. Bahe stated there would be allowance for snow storage. Peterson felt the parking should be allowed all the way out to the fence. Bahe asked if the City would be open to allow the area to be paved. Peterson stated he felt that area would be used for parking. Sergeant stated the ordinance for outdoor storage must maintain the same set backs with or without a principal structure as the district in which they are applying. Anything else would require a variance through the Planning and Zoning Commission. Peterson stated there is storage across the street and asked if they held to these standards. Sargent stated yes, and he is investigating their conditional use pennit. Nawrocki stated that ifBahe parks on the area between the fence and curb he is in violation of the ordinance. He can not sell cars or refer people there to look at cars, and they have to be licensed. He is trying to set up what is appropriate to clean up the storage of the used cars. We should move ahead to have these conditions in all storage areas. Kelzenberg cOlmnended the Planning and Zoning COlmnission for the work they did on this. It was very controversial. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006- 02, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes -1 abstention. Motion carried. Sergeant indicated that conditions 10 and 11 are to be included in the resolution. Motion to amend by Nawrocki, striking items 10 and 11, to be consistent with the Planning and Zoning COlmnission recommendation. City Council Minutes January 9, 2006 Page 8 of21 Diehm stated that many times extra items are added to what the Planning and Zoning Commission recommends, so this should not be seen as a problem. Peterson called for a second to the motion. Nawrocki stated the proper action should have been a separate recommendation, and he does not hesitate to make changes that are right and proper. Staff should have brought this forward to the Planning and Zoning Commission. Hoeft stated the items are part of the Council resolution and the wording of the motion does not need to be changed. Sergeant stated that the resolution as presented to the Planning and Zoning Commission would meet our City Code by definition, but the addition would be for the safety of the public. Kelzenberg stated that this was not brought up at the Planning and Zoning meeting. Sargent stated that a resident brought it up after the meeting, which prompted staff to do further research for safety. Kelzenberg asked Mr. Bahe ifhe has a problem with the additional conditions, the Council would be willing to listen. Bahe stated that he only asks the City to be consisted, and everyone be required to follow this new standard. Nawrocki stated his hope that this new standard would be enforced. Motion to amend died for lack of a second. Motion by Diehm, second by Kelzenberg, to approve Resolution No. 2006-02 pennitting the operation of an outdoor storage operation located at 683 - 39th Avenue NE, subject to the conditions stated in the Resolution. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes -1 abstention. Motion carried. RESOLUTION NO. 2006-02 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BAHE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2005-1201) has been submitted by Jeff Bahe to the City Council requesting a conditional use pennit from the City of Columbia Heights at the following site: ADDRESS: 683 - 39th Avenue NE LEGAL DESCRIPTION: Lots 6 and 7, Block I, 2nd Subdivision of Block F, Columbia Heights Annex, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pennit per Code Section 9.111 (E)(3), to allow outdoor storage in an industrially zoned district. WHEREAS, the Planning Commission has held a public healing as required by the city Zoning Code on January 3, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use pennit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger offire, and Iisk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as detennined by the Zoning Administrator. 2. The use is in hannony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboIing properties. City Council Minutes January 9, 2006 Page 9 of21 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation oftraftic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infonnation shall become part of this pennit and approval; and in granting this pennit the city and the applicant agree that this penn it shall become null and void if the project has not been completed within one (J) calendar year after the approval date, subject to petition for renewal of the pennit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located within the setback requirements of the 1-2, Industrial District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. A grading and drainage plan shall also be approved by the City Engineer, prior to use of the property. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 10. The privacy fence shall be placed 20 feet from the front property line.ll. 11. There shall be no storage of materials between the fence and the front property line. 6) Designate Sun Focus News as the official City Newspaper for 2006 Hoeft stated that if Council does not act on the official newspaper it would default to the past carrier. Fehst stated that the major concern was when we ask to have events covered they are either not covered or receive limited coverage. This has improved in the past month after Keith Windschitl from the Recreation Department spoke to them. They have promised to work with us. Peterson stated that we have got their attention. Nawrocki indicated the need to speak to them about the lack of delivery to all homes in Columbia Heights and recommended the motion be amended to include this. Motion to amend by Nawrocki, second by Kelzenberg, to speak to the Sun Focus News about improving delivery to all residents of Columbia Heights. Upon vote: All ayes. Motion to amend carried. Motion by Kelzenberg, second by Diehm, to designate the Sun Focus News as the official City newspaper for 2006 and to authOlize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Upon vote: All ayes. Motion carried. 15) Approve Business License Applications Diehm ask the City Attorney to clarify "home occupation" relative to massage therapist. Hoeft stated the committee reviewing the City Code discussed this. This is not an adult oriented business. She has provided the class certificates and licenses required. City Council Minutes January 9, 2006 Page 10 of21 Nawrocki stated his belief that this type business would be restricted to 38th Avenue. Hoeft stated that adult Oliented businesses are allowed in the industrial area. Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license agenda for January 9, 2006 as presented. Williams requested assurance that this is not another name for an escort service. Hoeft indicated that the business has insurance, schooling, a license, and meets all requirements. Nawrocki questioned ifit is the resident that has applied for the pennit. Sargent stated yes, it is. Upon vote: All ayes. Motion carried. Fehst stated he experienced an injury on Friday and may not stay the entire evening. Nawrocki indicated he has asked for a financial report on the industrial park project and has not received a complete report. He is looking for a financial statement of costs on the parkway, consultant, staff time, and where the money will come from. Nawrocki requested his position be clearly stated that we have good people working for the city and we provide good service in public safety. We use our resources to the best financial advantage. He stated he has previously expressed feelings about the City Manager and doing more with less. Ifhe has done a good job for the City for the last three years, we will need to look at more than three years because it will be more years than that before we get tax money to pay for services required in this area. We won't get any money from these areas for 20 to 26 years to pay for the services. We have to begin to anticipate how we will pay for these services. PUBLIC HEARINGS A. Adopt Resolution No. 2006-01 ordering and levying one mid-block light at 7th Street and Washington, from 45th Avenue to 46th Avenue. Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson closed the Public Hearing. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006- 01, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2006-01, being a Resolution ordering and levying one mid-block light located between 7th Street and Washington Street, from 45th Avenue to 46th Avenue, known as P.I.R. 677-36. Upon vote: All Ayes. Motion carried. RESOLUTION NO. 2006-01 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT NO. 677-36 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-36 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 9th day of January 2006, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the tinle and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a City Council Minutes January 9, 2006 Page II of21 notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-36 for mid-block alley lighting. Section 2. That this Council hereby fInds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefIted by such improvements. This Council further fmds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. B. Adopt Order concerning hazardous building on property located at 4152 Cleveland Street described as PIN 36-30-24-14-0022 Hoeft stated the condition of this property has had Council interest for some time. The Building Official has made the detennination that the structure is hazardous by MN Statute. One option is to declare it a hazardous structure. This would require the property owner meet code compliance. This Order provides for 30 days, which Council can change allowing for significant improvement or to revisit the progress prior to submission to the District Court. Hoeft stated that procedure was followed and all interested parties were notified of this meeting. Peterson stated that he just spoke to the owner, who has indicated he has cancelled the sale contract that was in place. John Havrilak, PO Box 1, Randall, MN, stated he was notified that Mr. Staples has very good credit for construction. They have put a large amount down and are paying $900 monthly. His attorney has suggested he cancel the contract of deed within 60 days if progress is not made. Peterson asked the City Attorney for advise on how to proceed. Hoeft stated that communication is moving forward and suggested possibly tabling action to the next meeting or declaring the property a nuisance with a timetable of 30 or 60 days and revisiting the issue at that time. Peterson asked if the City is liable if we do not move ahead. Hoeft indicated the City would not be. Williams indicated he knows this gentleman and asked for background on the property. Havrilak stated it was an investment property, whereby the owner lifted the roofto change it from a three story to a two story and then went to jail. Havrilak referred to problems of theft from the property. Pepin stated that prior to his employment with the City, there was a second story put on the building without a building pennit, even though inspections were done. There is not a frost footing under the building. The current owner is moving forward. The house does not need to be tom down; it needs to be fixed. Nawrocki stated this has been going on since last year and action needs to be taken. City Council Minutes January 9, 2006 Page 12 of21 Peterson opened the public hearing. Mr. Staples, 7201 York Avenue, Edina, stated he is part owner and wants to get this property fixed. He indicated that he just found out that the other owner did not pay the taxes. Kelzenberg questioned ifthe second floor is acceptable. Pepin stated it would have to meet current code. Hoeft stated the proposed motion is to adopt the order to meet the current code within 30 or 60 days. Diehm stated the explanation of the cancellation of the contract of deed, but that Mr. Staples would step in. Peterson asked Staples ifhe is willing to move ahead. He indicated that he would work with Mr. Havrilak toward that end. Diehm asked for a clarification from staff. Hoeft stated that tabling the public hearing would bring the issue back at a later time to see if action has been take rather than begin proceedings to raze the building. Tabling the issue would also avoid having to notice all parties again. Diehm stated there would be no harm adopting the order, as it would only set a time line on paper. She stated the frustration of the public to this point. There would still be time to repair the structure. Nawrocki stated that the time has come to put pressure on the owner. The house should be modified and repaired within 60 days. Hoeft stated this should be placed on the City Council calendar for March 16, 2006. Motion by Nawrocki, second Diehm, to adopt the Order concerning the hazardous building on property located at 4152 Cleveland Street described as PIN 36-30-24-14- 0022, and authorizing the Mayor and City Manager to execute the same. Peterson closed the public hearing. Upon vote: All ayes. Motion carried. C. Adopt Resolution No. 2006-06, being a Resolution for Rental Housing License Revocation at 4236 Polk Street NE. Peterson opened the Public Hearing. Motion by Williams, second Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-06, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second Kelzenberg, to adopt Resolution No. 2006-06, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) ofthe rental license held by Alnoor City Council Minutes January 9, 2006 Page 13 of21 Aquil regarding rental property at 4236 Polk Street NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-06 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Aqil Alnoor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4236 Polk Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 9, 2005 of an public hearing to be held on January 9,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 23, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 9, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to submit an application for rental license. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4236 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. D. Adopt Resolution No. 2006-07, being a Resolution for Rental Housing License Revocation at 4536 Heights Drive NE Peterson closed the Public Hearing as the property has been brought into compliance. E. Adopt Resolution No. 2006-08, being a Resolution for Rental Housing License Revocation at 1215 3 7th Avenue NE. Peterson opened the Public Hearing. Motion by Williams, second by Diehm, to table Resolution No. 2006-08, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by Brian Buch regarding rental propeliy at 1215 37th Avenue NE. Upon vote: All ayes. Motion carried. City Council Minutes January 9, 2006 Page 14 of21 F. Adopt Resolution No. 2006-09, being a Resolution for Rental Housing License Revocation at 621 51 st Avenue NE. Peterson closed the Public Hearing as the property has been brought into compliance. G. Adopt Resolution No. 2006-10, being a Resolution for Rental Housing License Revocation at 1124-26 45th Avenue NE Peterson opened the public hearing. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-10, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second Kelzenberg, to adopt Resolution No. 2006-10, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Delanza Elliot regarding rental property at 1124-26 45th Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-10 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Delanza Elliot (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1124-26 45th Avenue NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 23, 2005 of an public hearing to be held on January 9, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 18, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 23,2005, inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on January 4,2006, inspectors for the City of Columbia Heights perfonned a [mal inspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall repair the roof on the house. Storm damage ii. Shall repair the garage where it was damaged by the tree. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7125 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. City Council Minutes January 9, 2006 Page 15 of21 H. Adopt Resolution No. 2006-1 L being a Resolution for Rental Housing License Revocation at 3953 Jackson Street NE Peterson closed the Public Hearing as the property has been brought into compliance. Diehm asked to receive infonnation about licenses that have been revoked, if they have been reinstated, fees generated, and paper work caused. Gonnan stated that fees would be increasing and in the spring would increase to ten times the original amount. Gorman referred to past problems with last minute requests for inspections. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions A) Second reading of Ordinance No. 1502, being an Ordinance amending R-2, One and Two Family Residential District Jeff Sargent, City Planner, stated this would establish a new zoning district requiring minimum lot sizes of 12,000 square feet beginning January 2006 for all new duplexes. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1502, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1502, amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. Ordinance placed at the end of this document. B) First reading of Ordinance No. 1504, vacating a portion ofthe University Avenue Frontage Road. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1504, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to establish a second reading of Ordinance No. 1504, vacating a portion of the University Avenue Frontage Road for Monday, January 23,2006, at approximately 7:00 p.m. in the City Council Chambers. Nawrocki stated this action is premature, as we do not know what will be placed there and he has heard they want more money. This is extra land they think they should have at no increased cost to them. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Other Business A) Elected Official Out of State Travel request Peterson stated the 2006 League of Minnesota Cities Congressional City Conference in Washington DC, from March 11 to March 15,2006 was brought to his attention by Councilmember Nawrocki's request to attend. All Councilmembers indicated interest to attend. He stated he since has realized the dates are Wednesday through Monday, City Council Minutes January 9, 2006 Page 16 of21 which would include require rescheduling a regular City Council meeting. Peterson indicated that Councilmember Nawrocki has attended these conferences in the past. He asked for the feelings of other Council members. Kelzenberg stated he would not mind going, as he has never attended an out of state conference. Williams stated he would like to attend, but would pay his own expenses if he did attend. Diehm stated that this is a high quality conference and would be a benefit to attend, but we must be honest with our citizens on the cost versus the benefit of sending the entire City Council. She stated that Councilmember Nawrocki has always attended and brought back information to share. She suggested, in the future, rotating who attends. Peterson indicated he had lunch with Congressman Sabo last week and felt it was very beneficial, and mentioned that the Council members may be at this conference. However, this would come with a cost to the city. He stated that in 20 years on the Council he has taken one National League trip, but he has never submitted for reimbursement of food or gas for even local events and would not have any guilt for submitting for this cost. Fehst stated that in the budget review, funds were allotted for the attendance of one member. Nawrocki stated that in keeping with the new state law, he went through the process to draft the required letter, made the budget estimates, and spoke to the City Manager. He thought the changes had been made to the budget, and was surprised they had not been made. The Manager said there were funds available. Nawrocki stated that when he saw everyone on the Council wanted to attend he thought it was interesting. This is one of reason the State Legislature changed the law, because of one group sending all five members to Hawaii. He stated he would have no problem with all members attending, as he believes strongly in openness in government. Nawrocki stated that he serves on committees at State and Metro League, like the finance committee. He suggested Councilmembers might want to attend the National League of Cities conference rather than the Congressional League conference. Peterson withdrew his request to attend. B) Elected Official Out of State Travel request Motion by Williams, second by Kelzenberg, to approve attendance of Councilmember Nawrocki at the 2006 League of Minnesota Cities Congressional City Conference in Washington DC, March 11 to March 15,2006, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. City Council Minutes January 9, 2006 Page 17 of21 Peterson asked how we catalogue expenses. Fehst stated a request could be made for up to a certain amount without receipts. Nawrocki stated that the City does the registration, and he shops around for airfare, with the rest submitted after the fact on a City voucher fonn. Nawrocki stated the other conference is in December. He stopped attending that one because of city expenditure concerns. Williams suggested that Councilmembers all attend the State conference. Upon vote: All ayes. Motion carried. C) Elected Official Out of State Travel request Kelzenberg withdrew his request to attend. D) Elected Official Out of State Travel request Diehm withdrew her request to attend. E) Elected Official Out of State Travel request Williams stated that ifhe attends he would pay his own way. F) Approve Increase to the Mayor-Council section of the General Fund budget Fehst indicated this would not be required if only one Councilmember attended the conference. Nawrocki stated this kind of accounting should be required for all staff out of state travel. ADMINISTRATIVE REPORTS Report of the City Manager . Met with Congressman Sabo regarding: o COlmnunity Development Block Grand funds o Funding for a community center/gym. Council has spoken with the YMCA and will speak with the School District. Wants this to happen quickly. o Replacement of the bridge over 49th. Discussion of development across from this. Nawrocki listed the histOlY of the 49th and Central Avenue bridge and the University Avenue bridge. This meeting should have been held as a body. Diehm stated that Sabo offered to come speak to the Council. . Chaudhary has stated he would meet with us, the County, and the other cOlmnunities he represents on Eminent Domain. The industrial area was completed with the use of only one limited eminent domain proceeding, clearing 30 acres of bad soil. Nawrocki stated that Eminent Domain should be used with discretion. Fehst left the meeting. Nawrocki stated that a Legislative law indicated that the City must publicize the three highest salaries on cable or in their newsletter, on an annual basis. City Council Minutes January 9, 2006 Page 18 of21 Diehm stated that Linda Magee addressed this and it would be posted by position on our web site. Hoeft distributed a copy of what is posted on the web site. Nawrocki stated that the City newsletter goes to everyone and that web site access is limited. He stated that the salary for the City Manager is incorrect. Peterson requested that this topic be placed on the next work session. Williams stated that making this information public is a good thing. Nawrocki indicated that he had asked for this item to be placed on the Council agenda. Diehm stated that the law indicated the base salary be posted. Nawrocki stated that was not the intent. Williams stated the law indicated the web page is allowed. Report of the City Attorney - none CITIZENS FORUM - none COUNCIL CORNER Diehm . EDA toured with DSU to see development projects in St Louis Park, Golden Valley, and Shoreview. Interesting to see progress. Excited to see that we have joined the ranks of developing cities. . Thank you to our employees for their work throughout the year. Our green sheet is filled each week with items from Police, Fire, Public Works, Recreation, the Library, and the things they do. . January Value is Respect, and the definitions are Consideration and Regard. These are good to follow as we move forward into the new year. Williams . Our staff has obtained over $5 million in grants through the Met Council, Anoka County, etc. and we have made those decisions as a Council. We have a great staff. Diehm indicated that we have just received an additional $798,000 and $58,000 in grantfimds. . Wished everyone great health in the New Year for our citizens - may 2006 be the best year of our lives. . Tri City Hockey is having a Sweetheart fundraiser on February 17. The raffle was approved tonight. Kelzenberg . Thanked the City employees for the good job they do. . Sgt. Dietz is retiring after being with our Police Department for 15 years and 10 months. . Read the number of 2005 Fire calls from the Green Sheet. . We ran out of$.02 stamps at the post office today. Nawrocki . Took the opportunity to look at the roundabout. A planner's delight and user's nightmare. A waste of money. If you want to make a left hand turn, you have to go all the way around. . Jim Labelle's relatives called. Told the history of LaBelle's Medal of Honor. There are only two Medal of Honor holders in Anoka County. The plaque at Murzyn Hall needs to be placed in a more accessible spot. We need to raise funds for replacement of the plaque City Council Minutes January 9, 2006 Page 19 of21 by Labelle Park and at least shine it up for now. . Showed the Environment Assessment draft for the North Star Corridor Rail. A hearing will be held January 25 in Coon Rapids. . Think we have good people and give good service, but concerned about long range [mances. Take exception about COlmnents at the budget meetings about surpluses. Think we don't do a good job on budgets. We need to look at doing more with less. . Referred to his brochure from his last election campaign. Feels he is doing what he has promised he would do, and will continue to do so. Peterson . Steve Synowczynski is our 2005 employee of the year. Asked that he be invited to a Council meeting to be recognized. . Sgt. Dietz retirement will also come to a Council Meeting. Would like to recognize our retirees. . Thinks the roundabout is fun. . This Thursday there will be a press conference announcing the Peace Clock. Showed an artist's rendition by Kathryn Vesley. Information and sponsorship forms will be available. At the base of the clock will be a time capsule to be opened on the 150th anniversary of our City in 2048. Asked that stafflook for the "lost" time capsule. The old cobble stone from Central Avenue will be used for the base as part of the fund raising. Invited everyone to the press conference. The clock will cost about $25,000 and will be in place by the Jamboree. We will be dealing with "plaque people" so we will keep the Labelle plaque in mind and we will raise funds to get it restored. We can not forget the past. $1,200 has all ready been donated. When this was announced at the Volunteer dinner, Nawrocki gave the first donation and Marie Przynski immediately gave the second donation. Tonight Jeff Bahe donated $1,000. . Don't take ourselves too seriously. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:44 p.m. atricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE NO. 1502 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R- 2, ONE AND TWO FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards: (44) Two-family and Twinhome Dwellings (a) Street-facing garage doors must be recessed behind either the front fac;ade of the living area portion of the dwelling or a covered porch (measuring at least six feet by eight feet) by at least five feet. City Council Minutes January 9, 2006 Page 20 of21 (b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c ) Vehicle access to a lot must be from an alley if the lot abuts an alley. Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-l R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 SQ. ft. 6,500 SQ. ft. 6,500 SQ. ft. 6,500 SQ. ft. 12,000 sq. Two-Family and Twinhome ft. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwellings January I, 2005 - 5,100 sq. ft. Established after January 1,2005 - 12,000 SQ. ft. 10,000 sq. Multiple Family Dwelling ft. 10,000 sq. ft. 10,000 sq. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 1,200 SQ. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 SQ. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 SQ. ft. 200 Sq. ft. Congregate Living Units 400 SQ. ft. 400 SQ. ft. Minimum Lot Width 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 5 feet* 5 feet* 20 feet 10 feet Corner Side Yard 10 feet 10 feet 30 feet 15 feet Rear Yard 20% of lot 20% oflot 30 feet 15 feet deoth deoth Non-residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 30 feet 30 feet 25 feet I 0 feet Corner Side Yard 10 feet I 0 feet 30 feet 15 feet Rear Yard 30 feet 30 feet 25 feet 10 feet Single and Two Family Parking Setbacks Front Yard (Excluding dri ves/pads) 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet City Council Minutes January 9, 2006 Page 21 of21 Side Yard 10 feet I 0 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet I 0 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet I 0 feet I 0 feet 10 feet Comer Side Yard 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 Chapter 9, Article I, Section 9.109 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS (F) R-2A and R-2B, Two Family Residential District. 1) Pwpose. The purpose of the R-2A and R-2B Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R- 2A and R-2B, Two-Family Residential District: a) Single-family dwelling, detached. b) State licensed residential care facility serving 6 or fewer persons. c) Licensed day care facility serving 12 or fewer persons. d) Licensed group family day care facility serving 14 or fewer children. e) Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R- 2A and R-2B, Two Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Two-family dwelling b) Twinhome dwelling c) Religious facility/place of worship. d) Convent or monastery, when accessory to a religious facility. e) School, public or private, K-12. f) Government office. g) Government protective service facility. h) Golf course. i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted AccessOlY Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B, Two Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.