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HomeMy WebLinkAboutMay 29, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 29, 2007 The following are the minutes for the regular zrieeting of the City Council held at 7:00 PPdi on Tuesday, May 29, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Rev. Bob Lyndes, Crest View Senior Communities gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed item #D Resolution No. 2007-71, for Abatement Revocation at 4633 Tyler Street and item #3 Resolution No. 2007-77, for Rental Housing License Revocation at 3732 3rd Street N.E as the properties have been brought into compliance. Nawrocki stated that the agenda was not posted on cable T.V. until Sunday, and work session agendas are not listed on cable T.V. He requested to add discussion of: TIF legislation update, activity center update, TV removal charges by hauling contractor, and 1040 49`'' Avenue. As there were no objections from Councilmembers, Peterson added the requested items under 7A. PROCLAMATIONS. PRESENTATION. RECOGNITION. GUESTS Values First 2007 Community Recognition Award Recipients Barb Warren stated this is the 7t" year for the community recognition awards. Tonight the awards are far an individual and business. The other awards will be presented at the School Board meeting. Recipients are: Individual -Tammy Schmitz, and Business -Crest View Corporation. Tammy Schmitz came forward. Barb Warren indicated the accomplishments of Ms. Sclunitz which included community service while earning her BA Degree. She was awarded a plaque for exemplifying the Values First seven core values. Crest View Senior Communities Executive Director Shirley Barnes and Board Members came forward. Warren stated that Crest View has been in Columbia Heights since 1952, and have over 400 residents and 240 employees. Ms. Barnes spoke of their group and their pride to serve the community. Warren indicated the contributions of the other group members present. The plaque was awarded far exemplifying the seven core values. Ms. Barnes thanked the nominator and the City for their support. She indicated that Columbia Heights has the best police and fire departments in the state. Peterson stated his pride in the very deserving recipients. CONSENT AGE A City Manager Walt Fehst took Councilmembers through the Consent Agenda. A. Approve City Council Meeting Minutes for May 14, 2007 City Cauncil meeting City Council Minutes Tuesday, May 29, 2007 Page 2 of 21 Motion to approve the minutes of the May 14, 2007 regular City Council meeting as presented. B. Accept Board and Commission Minutes Motion to accept minutes of May 8, 2007, Library Board Meeting. Nawrocki requested to receive the changes to the meeting room policy referred to in the Library Board minutes. C. Approve creation of a City Clerk position -removed D. Approve permits for 2007 Jamboree Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 18, 2007 through Sunday, June 24, 2007. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2007 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street to Mill Street. Motion to authorize Fireworks at dusk on Saturday, June 23, 2007. E. Approve transfer of funds from General Fund to Police Department 2007 Budget Overtime Line #1020 Motion to transfer $721.62, the amount of money received from the State of Minnesota far our efforts in Operation Nite Cap program in 2007, from the General Fund to the Police Department 2007 budget line #1020, overtime. F. Approval of Premises Permit Application Class B for MN Youth Athletic Services to conduct charitable ag mbling activities at Star Central -removed G. Approve reissue of rental housing license for 679 40th Avenue as it complies with City Code 1Vlotion to issue arental-housing license to Cynthia Agyili to operate the rental property located at 679 40th Avenue in that the provisions of the residential maintenance code have been complied with. H. Approve the items listed for rental housing license applications for May 29, 2007 Motion to approve the items listed for rental housing license applications for May 29, 200 7. 1. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 29, 2007 as presented. J. Approve payment of the bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Nuir~ber 121506 tl~uough 121658 in the amount of w857,593.76. Nawrocki requested more information. on the Flanagan Sales bill for garbage cans, including if there were competitive bids received. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of items C and F. City Council Minutes Tuesday, May 29, 2007 Page 3 of 21 C. Approve creation of a Cit, C~ lerk position Nawrocki indicated that this position is currently City Clerk combined with the Finance Director position. Adding positions represents an increase in salary and should be done in the budget process. This is about a ten percent increase in addition to the regular bargaining process. Salary adjustments agreed upon two years ago are through the end of this year. It is not fair to other city employees to snake this kind of adjustment. This is not to reflect on Patty Muscovitz, who does a good job for the city. That position was council secretary and was created to handle the correspondence, minutes, and be the point person at City Hall for the City Council. The position also had the responsibility for the city newsletter along with the Mayor. There is not much difference between the current and proposed job descriptions. Kelzenberg indicated that since Jean Kuehn has retired, Patty Muscovitz has assumed many additional duties. She deserves the job. Nawrocki stated that the job description does not include cable responsibilities and that the City Charter requires the appointment of the Council Secretary. The position was to help the City Clerk with the mechanics of the election, such as getting election judges to sign up. Most election. duties are that of the county. Diehm asked the City Manager if this would have to wait until budget dine. Fehst indicated adjustments have been done mid year many times. Department heads are asked to tell us of any positions that need to be adjusted. Some are covered by city contracts. Fehst stated that Muscovitz has done marvelous work and this change works for her and us. The current position is a paid hourly rate with required overtime during elections and compensated with time off; we do not see that changing. But, but as a salaried position, you may or may not get that time off. She is committed to the job. Currently there are things not as followed up on as well as they could be. Patty would take the responsibility and run with it. She does a great job and has been trained for this. The pay is at the bottom end for clerks. If the job is equal to more tasks, it would be looked at in the future. This will be good for the City. Peterson stated this is proper compensation for a job well done. This job entails more than was originally intended such as cable and elections. That this was not done during the budget process was our error; this should have been done two years ago. We are finally moving ahead. It is like a sign that reads "The best time to plant a tree is I0 years ago; the next best time is now". It is best to move forward now. Motion by Kelzenberg, second by Williams, to approve the establishment of the City Clerk position, the City Clerk job description, and the 2007 wage range for the City Clerk position effective June 1, 2007. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. F'. Approval of Premises Permit Application Class B for MN Youth Athletic Services to conduct charitable aig nbling, activities at Star Central Nawrocki asked who this group is. Fehst stated they have worked with our Park Department and agencies in the state to set up youth athletics and have been around for a long tune. Dan Klinkhammer, Executive Director for Youth Services since 1994, stated they have worked with our Park and Recreation Department and with the Boosters. He gave details of the organization that services youth athletic associations. Nawrocki. question how many Columbia City Council Minutes Tuesday, May 29, 2007 Page 4 of 21 Heights youth are served. Klinkhammer indicated about 500 Columbia Heights youth are helped. Kelzenberg asked if they have other pull tab booths in the area. Klinkhammer stated they have done charitable gambling since 1995 and have four other operations. Motion by Kelzenberg, second by Williams to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: all ayes. Motion carried. PUBLIC HEARINGS A. Second reading of Ordinance No. 1523, being an Ordinance relating to the use of temporary signa~e in the business districts in the City of Columbia Heights. Jeff Sargent, City Planner, stated that at the Apri123 Council meeting this item was tabled to obtain information from the newly created business member group. The group met with him and has requested changes to allow six temporary signs, allow stick in the ground signs, make an exception for sandwich board signs for businesses with lack of visibility, and allow any number of temporary signs for 30 days. Sargent stated that staff stands behind the original proposed ordinance. Nawrocki indicated that the ordinance was recommended by the Planning and Zoning (P&Z) Commission. Sargent stated yes; they held three meetings on this. Nawrocki stated the ordinance would allow a temporary sign for 30 days, four times a year. The group's request would allow temporary signs for half of the year. Sargent stated they request to have any number of signs for the 30 days, which would be only one permit at a time. Nawrocki stated that we spent $5 million to fix up Central Avenue. You can tell when you get to Columbia Heights as some places have three or four signs, then going into Fridley and you see there are very few signs. Sargent indicated that the P&Z has not been presented with any of the recommended changes. Nawrocki stated that these are not minor changes. The ordinance as proposed does not go far enough to make the avenue look more professional. Peterson stated it is unfair to compare us with ivlinneapolis. Our center median looks like a sign alley. We could put in soiree big flower pots. There is signage further into Minneapolis that covers all of their windows. Peterson asked the City Attorney if these changes are substantial. Jim Hoeft, City Attorney, stated that if adopting the business owner's recommendation he would recommend a new first reading of the ordinance. It would not have to go back to the P&Z, but it could. I3iehm asked far a staff explanation of how the temporary signs are defined. Our sign ordinance is not overly burdensome. She recommended passing the ordinance with a sunset date io see what the practical application does to businesses or the city. Jeff Bahe, Jeff's Babby and Steve's Auto World, 3701 Central Avenue, stated if the ordinance is passed the way it is, it would be tough to go back. What the businesses are asking for is fair. Advertisements for businesses on Central Avenue with a set back, such as near Wargo Court, would not be seen if so limited. Business owners need to be heard and entitled to advertise their business. City Council Minutes Tuesday, May 29, 2007 Page 5 of 21 Diehm stated that a business should rely on permanent signage to advertise its business. The temporary sign should be for special occasions and grand openings. Bahe stated that these signs do need work and are now open ended. She referred to the signage difference at their business on Washington Avenue. Bahe stated that the current sign regulation is loose, but we need to be able to advertise our businesses. He referred to Councilmember Nawrocki's comments on his business, following which he did take down a lot of the signs at his businesses. Nawrocki stated he went to four of the Auto World stores and none had the extra signs posted in Columbia Heights. Bahe asked that the recommended changes be put in place for a year and let the businesses police themselves for the year, and then re-look at the ordinance, Tim Utiz, 556 40t", stated he is against the ordinance as it is government regulation we do not need. He stated his favor for new businesses to use temporary signs, until their permanent signs are placed. Barb Kolaf, Meineke Car Center, stated disappointment in businesses using temporary signs as permanent signage. A temporary sign is to be a marketing strategy. The business recommendation allows flexibility. Diehin asked what is more important to business owners, the time limit or the amount of signage allowed. Kolaf stated they have a sandwich board that goes out every day, and they do not use temporary signage. A 30 day permit makes sense, allowing rotation of banners that are about the same size. If signs are up continually, people becoane oblivious to them. Nawrocki referred to the fence above the shopping center where Meineke is located, and the awful sheet metal pieces that have been place on it. Diehm reiterate that if we adopt the recommendations we are basically allowing more permanent signage. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1 X23, being ample copies available to the public. Upon vote: all ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Ordinance No. 1523, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1523. Amendment by Diehm to include a sunset of six months and then ask the business community to return and reevaluate the ordinance at that time. Sargent stated this ordinance Imight take tune to get used to and to educate the public. He suggested three months to implement and educate, followed by a three strike policy allowing staff and businesses to adjust. Peterson asked if the ordinance would end after the sunset period if not revisited and return to the original ordinance. Hoeft stated yes. City Council Minutes Tuesday, May 29, 2007 Page 6 of 21 Diehm questioned if one year would be a sufficient transition period. Sargent stated it would be better to work with a year. Peterson suggested ten months to see haw this goes. Nawrocki questioned having a sunset time period on the ordinance. Diehm stated that with a sunset provision we are required to look at it again and have another public hearing. Hoeft indicated that the sunset is a temporary provision to the code that could be changed at the next meeting or have no additional action. Any action between now and the sunset date would take precedence. Diehm withdrew the six month sunset motion. Axnendxnent by Diehm to include a 10 month sunset provision. Second by Kelzenberg. Nawrocki questioned where it would go in the ordinance. Hoeft stated it could be placed anywhere. Nawrocki questioned what the language would be. Hoeft stated that the language in this ordinance would be effective upon passage until the date allowed. Nawrocki suggested it state subject to review. Hoeft stated it is subject to review prior to the sunset date. Fehst stated that if a continuation of the ordinance was not passed before the sunset date it would go back to the old ordinance. Diehm stated this would give the business community the assurance of review. Staff would contact the businesses to alert them of any review. Upon vote of the amendment: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes, 1 nay, 1 abstention. Motion carried. Upon vote of the original motion: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention.. Motion carried. Ordinance 1523 attached to the end of this document. B. Second readingof Ordinance No. 1525, being an Ordinance relating to used auto sales and rental ~_ Sargent stated this is a cieaii up of Ordiiiaiice 1 ~ i 5 to rei~iove soiree language that i~iade it difficult to understand. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1525, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Ordinance No. 1525, being an ordinance amending Ordinance No. 1490 City Code of 2005, adapting the proposed zoning amendments outlined in Ordinance 1525. Upon vote: All ayes. Motion carried. Ordinance 1525 attached to the end of'this document. C. Adopt Resolution No. 2007-71, being a Resolution far Abatement Revocation at 4633 T Street -removed D. Adopt Resolution No. 2007-72. being a Resolution for Abatement Revocation at 1261-1263 Circle Terrace Blvd NE City Council Minutes Tuesday, May 29, 2007 Page 7 of 21 Fire Chief Gary Gorman indicated this duplex is vacant and is in foreclosure. There was a broken window that was not secure, so there was an immediate abatement to board it up. Motion Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-72, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Williams, second by Kelzenberg, to adopt Resolution No. 2007-72, a resolution of the City Council. of the City of Columbia Heights declaring the property at 1261-1263 Circle Terrace Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolution 2007-72 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the properly owned by Christopher & Tracy Decker (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 14, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 3`d & May 4`h, 2007 the Fire Department was called to 1261-1263 Circle Terrace Boulevard N.E. and observed had one or more of the unit's windows broken and/or unsecured. The Fire Department notified the City's chosen contractor and requested that the windows be boarded to secure it 2. That on May 14, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist and have been abated, to wit: Secured the broken windows on the units/building to prevent unauthorized access. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B). CONCLUSIONS OF COUNCIL L That the property located at 1261-1263 Circle Terrace Boulevard is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1261-1263 Circle Terrace Boulevard constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. E. Adopt Resolution No. 2007-73, being a Resolution for Abatement Revocation at 4905 5th Street N.E. Gorman noted the revised resolution for the property violations. It is a single family dwelling that maybe in foreclosure. City Council Minutes Tuesday, May 29, 2007 Page 8 of 21 Nawrocki questioned the difference in the violations. Gorman stated the error was in the copy to the Council. Motion Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-73, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4905 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-73 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Kayona Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4905 5`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on May 2, 2007. 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 March 15, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on May 2, 2007, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 21, 2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the damaged garage siding corners. Shall replace any missing garage siding corners. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4905 5`'' Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all. applicable rights and periods of appeal as relating to the owner of record; occupant; or tenant; as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4905 5`'' Street N.E. constitutes a nuisance pursuant to City Cade. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. F. Adopt Resolution No. 2007-74, being a Resolution for Rental Housing License Revocation at 5101 7th Street N.E. Gorman stated the property owner failed to submit the rental license application. City Council Minutes Tuesday, May 29, 2007 Page 9 of 21 Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-74, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-74, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Randolph & Michelle Muth regarding rental property at 5101 7th Street N.E. Upon vote: A11 ayes. Motion carried. RESOLUTION 2007-74 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Randolph & Michelle Muth (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property Located at 5101 7`~ Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 2, 2007 of an public hearing to be held on May 29, 2007. 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 March 15, 2007, inspection office staff sent a letter requesting the 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 May 2, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF CGUNCIL i. The rental license belonging to the License Holder described herein and identified by license number F7707 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 Lcense 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. G. Adopt Resolution No. 2007-75, being a Resolution for Rental Housing License Revocation at 1308-1310 Circle Terrace Blvd N.E. Gorman stated. there was a complaint inspection, of this property with 12 violations found. Ail violations remain at this time. Michael Fortier, property owner, was present and requested more time to fix the items. He stated that being a landlord is snore challenging than. he expected. Diehm asked if any of the items have been repaired. Fortier stated the smoke detectors and screens have been. fixed. He stated that he has someone scheduled to do repairs. Gorman City Council Minutes Tuesday, May 29, 2007 Page 10 of 21 indicated that the item could be tabled for two weeks. Diehm stated that we have previously approved abatements with the intent to not abate for two weeks. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No.2007-75, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Kelzenberg, second by Williams, to adopt Resolution No. 2007-75, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of the rental license held by Michael Fortier regarding rental property at 1308-10 Circle Terrace Boulevard N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-75 Resolution of the City Council for the Ciry of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michael Fortier (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1308-1310 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 1, 2007 of an public hearing to be held on May 21, 2007. 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 March 26, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted twelve 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 May 1, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted twelve violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 21, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted twelve violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address Iisted on the rental housing license application. 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. 1308 -Shall replace the missing smoke detector battery in the upstairs, hallway smoke detector. b. 1308 -Shall replace the battery in the smoke detector between the kitchen and the lower level bathroom. c. 1308 -Shall replace the missing storm windows on the living room windows. d. 130$ -Shall repair the broken shelving in the north east upstairs bedroom. the front and west side of the house. e. 1308 -Shall repair the window on the south side of the kitchen. The upper pane does not stay up. f. 1308 -Shall repair the locking mechanism on the north, basement bedroom window. g. 1308 -Shall repair both upstairs bedroom windows. They must function properly. h. 1308 -Shall repair the kitchen cabinet doors that are falling off. i. 1308 -Shall repair the broken basement door hinge. j. 1308 -Shall remove the illegal bedroom from the basement. k. 1308 -Shall take the appropriate steps to rodent/vermin proof the unit so that no more mice or other rodents can enter the structure. 1. 1310 -Shall remove and properly cap the gas line that is coming from the gas meter on the north side of the house. The gas line is uncapped and has ashut-off valve that could easily fumed on, releasing gas. City Council Minutes Tuesday, May 29, 2007 Page 11 of 21 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF CGUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7729A 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. H. Adopt Resolution No. 2007-76, being a Resolution for Rental Housing License Revocation at 4544-4546 Fillmore Street N.E. Gorman stated that the property had a seasonal extension to Pdlay 1st to repair the garage. There has been no contact from them. Motion by Diehtn, second Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-76, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-76, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Kyle Smith regarding rental property at 4544 Fillmore Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-76 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Kyle Smith (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4544-4546 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written. notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on tilay 1, 2007 of an public hearing to be held or! May 21, 2007. 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 9, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations u~as mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 16, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on December 4, 2006, inspectors for the City of Catumbia Heights, performed a fiinal inspectioY~ at flee property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That on January 2, 2007, inspectors for the City of Columbia Heights granted a seasonal extension unit May 1, 2007. A compliance letter listing the violations was mailed by regular mail to the owner at the address Listed on the Rental Housing License Application. 5. That on May 1, 2607, inspectors far the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address City Council Minutes Tuesday, May 29, 2007 Page 12 of 21 listed on the rental housing license application. 6. That on May 25, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at tl'ie address listed on the rental pausing license application. 7. 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: Shall repair the garage doors. 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8110 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. H. Adopt Resolution No. 2007-77, being a Resolution for Rental Housing License Revocation at 3732 3rd Street N.E. ®removed I. Adopt Resolution No. 2007-78, being a Resolution for Rental Housing License Revocation at 4323 3rd Street N.E. Gorman stated this rental property failed to submit their rental license this year. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-78, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-78, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Tracy Pomeroy regarding rental property at 4323 3rd Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-78 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article Iy Section SA.408(A) of that certain residential rental license geld by Tracy Pomeroy (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4323 3`d Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article Iv, Section SA.408(B}, wi~tten notice setting forth the causes and reasons far the proposed Council action contained. herein was given to die License Holder on May 2, 2007 of an public hearing to be held on May 29, 2007. Now, therefore, in accordance with the foregoing, and ail 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 March 15, 2007, inspection office staff sent a letter requesting the 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 May 2, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's City Council Minutes Tuesday, May 29, 2007 Page 13 of 21 Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7687 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. K. Adopt Resolution No. 2007-79, being a Resolution for Rental Housing License Revocation at 4634-4636 Polk Street N.E. Gorman stated the property was inspected in March with 15 violations, of which 14 violations remain. Motion Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-79, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Williams, to adopt Resolution No. 2007-79, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Sharon Smith-Akinsanya regarding rental property at 4634-36 Polk Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-79 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental License held by Sharon Smith-Akinsanya (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4634-4636 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 3, 2007 of an public hearing to be held on May 29, 2007. 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 March 26, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted fifteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the P.ental Housing License Appiicaticn. 2. That on May 3, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted fourteen violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing Iicense application. 3. That on May 18, 2007, inspectors for the City of Columbia. Heights, performed a final inspection at the property and noted fourteen violations remained uncon-ected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 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: i. 4636 - Sliall repair the mold in the bathroom wall an on the ceilings. City Council Minutes Tuesday, May 29, 2007 Page 14 of 21 ii. 4636 -Shall repair the rotten trim around the bathroom window. iii. 4636 -Shall repair the mold problem around the bathroom tub surround, re-caulk around the bathtub surround. iv. 4636 -Shall repair the door closer on the rear door. v. 4636 -Shall repair the ceiling in the kitchen that is peeling. vi. Shall make the 4634 side available for inspection. vii. Shall sod or seed or install approved landscaping material in the rear yard. viii. Shall repair the fence in the rear, boards are missing and broken. ix. Shall repair the garage door that has holes in it.. Shall paint, stain, or seal the bare wood on the door. x. Shall remove the dead tree (tree stump) in the front yard... Shall remove the dead birch tree in the front yard. xi. Shall remove the scrub growth on the rear slope by the alley. xii. Shall install grass seed, sod, or approved landscaping material where the large dirt pile is sitting in the front yard. (Remove dirt pile). xiii. Shall install a retaining wall system on the slope/hill in the rear by the alley. xiv. Shall remove all/any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8258 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. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Update on TIF legislation Fehst stated the TIF legislation bill submitted did not pass. He thanked our local representatives for trying to get this passed. Representative Caroline Laine attended the coml-nittee meetings and Senator Chaudhary was also very vocal on the issue. Nawrocki stated that there are merits to what was proposed and suggested because of the size of the tax increase there should be a referendum vote. Activity center update Fehst stated there would be a report given at the Monday night work session. Nawrocki indicated that he would discuss his issues at that time. Fehst indicated items for the next work session are ACAC update and Heritage Heights area public safety center including the alternate of a library. I7iehm stated that she asked staff to put thought into improvements to the area, including the past space needs study. Hauling contractor TV removal cl-iarge Nawrocki stated that a resident had a 36" inch TV and was told it would be $60-75 for disposal. He asked what gives the hauler the authority to charge that amount. Fehst indicated it is hazardous material. The hauler would remove it, with an adjustment to the contract. Fehst handed out a letter received in 2006 regarding changes in state law for handling, requesting changes to the contract. The hauler did these disposals until the end of the year at the same cost. They are not licensed to handle the hazardous waste and must contract it to a licensed handler. The council agreed with the request. The contract may need to be amended formally. Haeft stated in the contract, as it exists today, the hauler does not have an obligation. to take electronics. Ciry Council Minutes Tuesday, May 24, 2007 Page 15 of 21 They disposed of them when they could be entered into the general stream of garbage, but as the items are not part of the general pickup, the cost would be passed on to the homeowner. Fehst stated that he spoke with Allied Waste, who indicated that in the 37 other contracts they have, all pay separately for electronic disposal. Nawrocki stated there is a large TV sitting in the alley between Tyler and Polk. Hoeft read the electronics definition from the hauler's contract and item #4 under collection service identifying the capacity, additional items included, and collection of items not included. Nawrocki referred to the post card mailed to residents regarding appliance removal, indicating that residents are confused and think this includes T.V.'s. Peterson stated that the law has changed regarding T.V. disposal. Fehst reminded the Council that he wanted to go out for bids when the contract was renewed, but we are still working with that contract. Miscellaneous 1040 49tH Avenue: Nawrocki indicated this was a house that was to be screened from Grand Central Lofts. A burm with trees was placed on the east and south side of the house. Nawrocki stated that he indicated last fall there would be ponding in the spring. Water did pond right up to the home's patio. Fehst stated that staff will look at it again. Trees and a bunn were placed to diminish sound. There is a need to deal with the water run off issue. Peterson stated that we realize there is a problem and will work on it. Kevin Hansen, Public Works Director, stated that the plant material is not mature yet and there are drain the placed at the east and north sides of the burm. Hansen stated that a short section of the burm could be opened up at a low point. Nawrocki indicated that the owner claims the construction shook their house and damaged it, and have requested staff look at the damage. Nawrocki questioned snow removal from the 49tH sidewalk. Hansen stated that part is the City's responsibility and part is the School District's responsibility, with some being normal resident removal. There was also concern that people do not come to a total stop at 49tH Avenue and a pedestrian warning sign. should be considered there. B. Bid Considerations Adopt Resolution No. 2007-80, being a Resolution accepting bids and awarding Contract for Zone 2 and 3 Street Rehabilitation Proiect Kevin Hansen stated there were 26 plan holders on the 2007 street rehab list. Six bids were received. The three low bids were in Line with the engineer's estimate. There were three alternatives on the bids: private driveway/sidewalk construction, extension of sanitary sewer on Cleveland to 42°d (by petition), and emergency sanitary repairs on Central and 44tH. The low bid was $31,000, significantly lower than anticipated. Staff suggests accepting the bid. Nawrocki indicated that he was led to believe the emergency repair cast could be over $100,000. Hansen stated that adding the work to this bid kept it lower. Nawrocki questioned the assessment estimate. Hansen felt it would be necessary to see how the construction comes out. City Council Minutes Tuesday, May 29, 2007 Page 16 of 21 Motion by Williams, second by Diehtn, to waive the reading of Resolution No. 2007-80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-80 accepting bids and awarding the 2007 Street Rehabilitation Projects in Zone 2 and 3, including Alternate 1 for residential driveway construction; Alternate 2 for sanitary sewer extension, Project No. 0702; and Alternate 3 for sanitary sewer repairs, Project No. 0707 to Midwest Asphalt Corporation of Hopkins, Minnesota in the amount of $1,410,638.25, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-80 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 2 and 3 STREET REHABILITATION IMPROVEMENTS, CITY PROJECT NO. 0702 AND 0707 TO MIDWEST ASPHALT CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0702 and 0707, Street Rehabilitation Improvements, six bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid w/ Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 2 & 3 Midwest Asphalt Corp. $1,362,285.35 $4,748.00 $17,217.10 $31,135.80 $1,410,638.25 Amt Construction Co., Inc. $1,396,654.54 $4,654.00 $27,237.20 $28,732.00 $1,452,623.74 Forest Lake Contracting, Inc. $1,413,973.87 $5,595.00 $16,942.00 $34,641.20 $1,465,557.07 Three Rivers Construction $1,496,146.00 $7,810.00 $33,915.00 $37,304.00 $1,567,365.00 Hardrives, Inc. $1,532,007.33 $4,360.50 $18,402.75 $32,714.70 $1,583,124.78 T A Schifsky & Sons, Inc. $1,701,501.17 $5,689.30 $19,255.04 $35,749.65 $1,756,505.86 WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia Heights, for the 2007 Zone 2 and 3 Street Rehabilitation Improvements, City Project No. 0702 and 0707 according to plans and specifications therefore approved by the Council. 2: The City Engineer is hereby a~~thorized ar?d directed to rati~rn~ f~,-tl,~vith, to all bidders, the deposits made ~=.~ith their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 0702 and 0707 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments}, Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. ADMIP+IIS'I'i2A'~'I~1V+ 12~g'~R'I'S Report of the City Manager Fehst stated that the Governor can still veta the Omnibus bill until this Friday. The funds maybe dealt with differently than expected. Nawrocki - • Do we have plans and specifications far the liquor stores? Fehst stated that the bids go out tomor~°ow. Is hydro-mulching required? Hansen stated yes, ta~rf can be started or sod placed to stabilize the soil. That requirement was not carried out at other development sites. Hansen stated that both sites f°eferred to had approved storm rater prevention plans. • Have requested the MnDOT report regarding the pedestrian bridge. Fehst stated that it mczy City Council Minutes Tuesday, May 29, 2007 Page 17 of 21 have been an oral report. Hansen stated it was a single page letter. The Orendorff street sign needs to be corrected and replaced. Fehst stated that it is being handled. Report of the City Attorney -nothing to report CITIZENS FORUM Michael Henry, 447 43`d Avenue, expressed disappointment with assessed property taxes. People are lowering the sale price of their homes. He requested that the Filfillah property be cleaned up, including the hump in the alley. Nawrocki stated there is a hole there that someone could get hurt in. Henry indicated disappointment with the loud activity 24 hours a day at the Holiday gas station. The new liquor stores should be one floor and be beautiful. He also expressed displeasure with the $10 required for a yearly burning permit. Dogs should not be allowed in the new liquor stores. COUNCIL CORNER Kelzenberg • Congratulations to the Fire Department on their 100`h anniversary. Fehst stated that the Fire Department will celebrate during the jamboree with a street dance. Very nice VFW Memorial Service. It was well attended. Williams • A neighbor did a random act of kindness for him, by helped hiln with tree trimming. There should be snore of that in the city. Continue to help our neighbors. Diehm • March was food share month. During the summer time, the need for volunteers and donations is great. Please continue to help out our local food shelf. Nawrocki • Rising to New Heights sponsored a clean up at Hart Lake. The Community Development depart?r_ent was well represented. He commended Bob Streetar as he was in hip deep water throwing debris on shore. The City Manager was also there. Unfortunately, there is a lot left to clean up. Shame on people that throw debris. • Attended the Metro Cities group. The hand out is available and they are taking applications for committee members. • Saturday, June 9 at the State Capitol the new WWII Memorial will be unveiled. The Anoka County Veteran's Service Office has arranged for bus rides to the event. Call Anoka County if you would like a ride. • Upcoming budget preparation -asked for information on all city fiznds, not just those s'apported by property taxes. • Requested the actual number of local people using the various recreation programs, during the budget process. City Council Minutes Tuesday, May 29, 2007 Page 1 S of 21 Peterson • Memorial Day service -Hope Americans appreciate the dedication and sacrifices given for the things we enjoy today. Appreciate our service members ten fold when they come back. Accept them and reach out and welcome them back. • Don't take ourselves too seriously, and do a random act of kindness. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:20 p.m. Patricia Muscovitz CMC _' __ ` Deputy City Clerk/Council Secretary ORDINANCE NO. 1.523 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS 1N THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, S.4NDlFICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9,206(P)(6} of the Columbia Heights City Code, which currently reads to wit: 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulatio~zs. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, use foiiowirag signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e} An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f} A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature infornation. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h} Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i} A projecting sign which either extends more than 18 inches from the building or structtiire to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k} Any sign that is erected, placed or maintained by any person on a rock, fence or trees. City Council Minutes Tuesday, May 29, 2007 Page 19 of 21 (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o} Portable signage exceeding eight square feet. Is thereby amended to read as follows: (6} Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted. directly on any exterior surface of a building or structure. However, sign letters and symbols maybe attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard mof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1} Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) Portable signage, excluding sandwich board signs. (p} Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in Section 9,106 (P)(5). Chapter 9, , u~ticle I, Section 9.106(P)(7} of the Columbia Heights City Code, which currently reads to wit: (7} Tenzpnrury Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Any sign not considered permanent shall be considered temporary. (b} Banners or pennants shall not exceed 3 feet by 20 feet in size, and shall be directly attached to the wall of the building. (c) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than 40 inches from the wail upon which it is erected, shall not be placed or project over any wall, and may not cover mare than 25% of window area such that 75% of the total window area is kept clear at ail times. (d) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (e} Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. Is thereby amended to read as follows: (7} Tenipora~y Signs. The following standards shall apply to temporary signs in all zoning districts: (a} Each temporary sign., with the exception of sandwich board signs, shall require a sign. permit from the City of Columbia Heights. (b} No more than four (4} temporary sign permits may be issued per business per calendar year. City Council Minutes Tuesday, May 29, 2007 Page 20 of 21 (c) No more than two (2) temporary signs shall be displayed per business at any given time. If the business is located within a shopping center, no more than four (4) temporary signs may be displayed throughout the shopping center at any given time. (d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. (f) Temporary signs or pennants shall not exceed 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (h} No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. (i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. (1}Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2)One (1) sandwich board sign is permitted per business. (3)Sandwich board signs are limited to eight (8) square feet in area per side. (4)Sandwich board signs are limited to five (5) feet in height. (5)The sign shall be professionally painted and maintained in a neat and readable manner. (6)Signs shall be placed on private property only, and shall be setback at least five (5) feet from all. property lines. (7)Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8)Signs shall not be lighted and shall not utilize noise amplifiers. (9)In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. This ordinance shall become null and void on Apri124, 2008, if no further action from the City Council has been taken. In the event that this ordinance becomes null and void, the City will revert back to the Ordinance in place on May 28, 2007. ORDINANCE NO. 1525 BEING AIv' ORDiNAl'~1CE AMENBiNG ORDINANCE NO. 1490, CITY CODE Or 2005, RELATING TO USED AUTOMOBILE SALES/RENTAL The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107(C)(7) of the Columbia Heights City Code, which currently reads to wit: § 9.10'7 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Stc~rzdur-ds. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a} The use shall be served by a major collector or higher classification or roadway. b) An open-aired used car lot as a stand-alone business is prohibited. c} Used cars may be sold as a stand-alone business if the business is contained within a building. d) Used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. f} Outdoor vehicle display areas within the public right-of--way are prohibited. g} A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of--way. h) Outdoor vehicle display shall be within a designated area that is hard-surfaced. City Council Minutes Tuesday, May 29, 2007 Page 21 of 21 i) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Gutdoor vehicle display shall not reduce tree amount of off-street parking provided on site below the level required for the principal use. 1) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used auto and truck sales or rental lot as a stand-alone business is prohibited. c) Used automobiles may be sold or rented as a stand-alone business if the used automobiles and associated business are contained within a building. d) Used automobiles may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas within the public right-of--way are prohibited. f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of--way. g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. h) Music or amplified sounds shall not be audible from adjacent residential properties. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.