HomeMy WebLinkAbout06/11/2012 Regular Session CITY OF COLUMBIA HEIGHTS M
Gary L.Peterson
590 401h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers
Visit our website at:www.cLco/umbia-heights.mn.us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Manager
Walter R.Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday,June 11,2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discnminate on the basis of disability in the admission or access to, or
treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96
hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDD/706-3692 for deaf or
hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Pastor Bob Lyndes, Crest View Communities
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council,upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS
A. Humanitarian of the Year- Stephen Smith
B. Recognition of Service-Rachel Schwankl, Charter Commission p5
C. Invitation to: A View from the Big River program p6
D. Summer Library Programs -Mai Kao Xiong- Children's Librarian
E. Introduction of new Paid-on-Call Firefighters
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes of the May 29, 2012 City Council meeting. p7
MOTION: Move to approve the minutes of the May 29, 2012 City Council meeting.
B. Accept Board and Commission meeting minutes p16
MOTION: Move to accept the June 5, 2012 Planning and Zoning Commission meeting minutes.
MOTION: Move to accept the May 2, 2012 Library Board meeting minutes. p27
C. Appointment of HRA Commissioner p29
MOTION: Move to approve Mayor Peterson's appointment of Rheta Nelson to the HRA
Commission.
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City Council Agenda
Monday,June 11,2012
Page 2 of 3
D. Appointment to Planning and Zoning Commission and Traffic Commission. p30
MOTION: Move to appoint Brian Clerkin to the Traffic Commission for the vacant term to
expire April 2014 and Chris Little to the Planning and Zoning Commission for the vacant term to
expire April of 2016.
E. Adopt Resolution 2012-71 Repealing Resolution 2009-72. p31
MOTION: Move to waive the reading of Resolution 2012-71,there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2012-71, being a resolution repealing Resolution 2009-72.
F. Adopt Resolution 2012-070 for appointment to the Mississippi Watershed Management p37
Organization
MOTION: Move to waive the reading of Resolution 2012-070, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2012-070 being a resolution appointing Councilmember
Donna Schmitt as the City representative to the Mississippi Watershed Management
Organization.
G. Second reading of Ordinance No. 1607, being an ordinance pertaining to Chapter 4, Sections 33
and 34,Nominations and elections. p37
MOTION: Move to waive the reading of Ordinance No. 1607, there being ample copies
available to the public.
MOTION: Move to adopt Ordinance No. 1607, being an ordinance amending Chapter 3,
Sections 33 and 34 of the Charter of the City of Columbia Heights.
H. Approval of attached list of rental housing applications. p40
MOTION: Move to approve the items listed for rental housing license applications for June 11,
2012 in that they have met the requirements of the Property Maintenance Code.
I. Approve Business License Applications p47
MOTION: Move to approve the items as listed on the business license agenda for June 11, 2012
as presented.
J. Review payment of the bills p47
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City council
has received the list of claims paid covering check number 143736 through 143894 in the
amount of$578,784.80.
MOTION: Move to approve the Consent Agenda items.
6.PUBLIC HEARINGS -none
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1st Reading of Ordinance 1608, being a Zoning Amendment as it Relates to Secondhand Stores.
MOTION: Move to waive the reading of Ordinance No. 1608, there being ample copies p57
available to the public.
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City Council Agenda
Monday,June 11,2012
Page 3 of 3
MOTION: Move to set the second reading of Ordinance No. 1608, for Monday, June 25, 2012,
at approximately 7:00 p.m. in the City Council Chambers.
B. Bid Considerations -none
C. New Business and Reports -none
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10.ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
4
THE CITY OF COLUMBIA
HEIGHTS ROES HEREBY
ACKNOWLEIGE THE
LEAIERSHIB ANI
VOLUNTEER EFFORTS OF
RACHEL SCHWANKL
FOR HER YEARS OF
SERVICE AS A MEMBER
OF THE COLUMBIA
HEIGHTS CHARTER
COMMISSION FROM 2008
TO 20.12, ANB ALSO
SERVING AS 1? RESIBENT
ANB SECRETARY OF THIS
COMMISSION
GAR.Y L. PETERSON,
MAYOR
/
wr-'"■rmrdsirvrwwvr
5
To the cities of Lauderdale, St. Anthony, St. Paul, Minneapolis,Fridley, Columbia Heights,
Hilltop and the Minneapolis Park and Recreation Board;
We are requesting a few short minutes at your next city council, commission, or board meeting
to extend a personal invitation to elected and appointed officials and select community leaders to
the 2012 A View from the Big River program to be held on July 31St
The View from the Big River is an education and training opportunity for community leaders to
enhance their knowledge and understanding about the impacts that land use have on water
resources. The program specifically addresses the water quality impacts from local development
and redevelopment,municipal operations such as street sweeping and street design, and
approaches to stormwater management within the community. This training provides leaders
with the critical questions to ask when reviewing or considering proposals, a chance to observe a
variety of community land uses from the Mississippi River, and an opportunity to network and
collaborate with colleagues.
We would like to attend your upcoming meeting to invite your mayor, council and planning
commission members to join us on the River July 31St. We are only requesting a few brief
minutes to speak. We would prefer that to be at the beginning of your June meeting or during
your open public comment period your agenda may already provide. One of us will be contacting
you within the next two weeks to make the necessary arrangements to attend your June meeting.
If you have any questions or concerns,please contact either one of us.
John Bilotta Jenny Winkelman
Extension Educator—Water Resources Education and Outreach Manager
University of Minnesota Extension Mississippi Water Management Organization
Phone: 612-624-7708 Phone: 612-465-8785 extension 202
Email: jbilotta@umn.edu Email: JWinkelman@mwmo.org
John Bilotta
Extension Educator-Water Resources
University of Minnesota Extension&Minnesota Sea Grant
Phone 651-480-7708 (Extension Regional Center)
Phone 612-624-7708 (Campus at the Water Resources Center)
Email jbilotta@umn.edu
6
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
TUESDAY,MAY 29, 2012
The following is the minutes for the regular meeting of the City Council held at 7:00 p.m. on Tuesday,
May 29, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Dana Caraway, Church of All Nations, gave the Invocation.
Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member
Schmitt
Absent: Council member Diehm
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed rental license revocation of Resolutions 2012-59, 60, 61, 62, 63, 64, 65,
and 66, in that the properties have been brought into compliance.
Motion by Nawrocki to add council corner to the agenda. Peterson called for a second.Motion died
for lack of a second.
Nawrocki requested discussion on the Community Development steering committee,Library
Director retirement ad, and the State Auditor report on government consolidation.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS -none
CONSENT AGENDA
Nawrocki requested to remove item D for discussion.
City Manager Walt Fehst took Council member through the Consent Agenda items:
A. Approve minutes of the May 14, 2012 City Council meeting.
Motion to approve the minutes of the May 14, 2012 City Council meeting.
B. Approve Transfer of Funds for Safe and Sober grant reimbursement and AHDTF Overtime grant
reimbursement from General Fund to Police Department Overtime Line Item#1020
Motion to transfer the following from the General Fund to the Police Department 2012 Budget,
Overtime Line Item 1020: $6,214.16, the amount of money received from Coon Rapids, the
grant administrator for the Safe and Sober program; and $2,000, the amount of money received
from Anoka County as partial reimbursement for the depai tment's AHDTF Officer.
C. Approve Transfer of Public Safety Building Range Rental Fees to be used for Range
Maintenance
Motion to transfer$3,756 of monies received in Public Safety Building Range rental fees to the
Police Department's Expert and Professional Services line item 101.42100.3050. These funds
will be used to reimburse funds expended for range maintenance performed by DC Management
and Environmental Services and for the removal and disposal of the bullet trap performed by
Veolia Environmental Services.
Motion to transfer$415 of monies received in Public Safety Building Range rental fees to the
Police Department's General Supplies line item 101.42100.2171. These funds will be used to
City Council Minutes
Tuesday May 29,2012
Page 2 of 9
purchase supplies for repairs to the target carrier and for purchase of filters necessary for range
maintenance.
D. Adopt Resolution 2012-56,being a resolution amending the 2012 street department budget to
utilize parking maintenance funds committed by Resolution 2010-138.—removed
E. Approval of attached list of rental housing applications.
Motion to approve the items listed for rental housing license applications for May 29, 2012 in
that they have met the requirements of the Property Maintenance Code.
F. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for May 29, 2012 as
presented.
G. Review payment of bills
Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has
received the list of claims paid covering check number 143557 through 143735 in the amount of
$611,735.15.
Motion by Williams, second by Schmitt, to approve the Consent Agenda items with the exception of
item D.
D. Adopt Resolution 2012-56, being a resolution amending the 2012 street department budget to
utilize parking maintenance funds committed by Resolution 2010-138.
Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-56, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Resolution 2012-56,being a resolution
amending the 2012 street department budget to utilize parking maintenance funds committed by
Resolution 2010-138.
Joseph Kloiber, Finance Director, stated this is an administrative housekeeping item. There is
slightly over$100,000 committed by the Council for parking lot maintenance, collected from
businesses for lots and ramps. In 2011 the government accounting standards changed the rules,
whereby this can no longer be in its own fund. It is now reported in the General Fund.Now that
the money is in the General Fund,there needs to be a department to pay this money from.
Nawrocki asked if we are making a commitment of what to do with the money. Kloiber stated
that it was committed to use for downtown parking maintenance. Currently, 19 percent of the
yearly parking ramp maintenance comes from this allocation. The remainder of the fund would
be available for a new contract with the medical clinic. Someday we may need to have another
assessment to continue the program.Nawrocki asked how much of this would be used to pave
the lot on the west side of Central Avenue. Kloiber stated that would be about$20,000 and
would only remove about 1.5 years of contract payment amount.Nawrocki stated that before the
funds are depleted,we will have to decide how to handle future funding.
Schmitt asked how long the contract is for. Fehst stated that the contracts are usually about ten
years. There are alternatives, such as to let the parking ramps go to the owners,but maintain
public parking.
Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS 8
City Council Minutes
Tuesday May 29,2012
Page 3 of 9
A. Adopt Resolution 2012-068 ordering improvements for concrete alley construction between
Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue.
Kevin Hansen, Public Works Director, stated this is in response to a petition to restore 160 feet
of alley, including storm sewer. There is a difficult grade at this location. The assessment would
be to the two adjoining property owners, over a period of ten years. Hansen stated that the storm
sewer was extended during street work under the sidewalk. The funds will come from the storm
sewer fund. Hansen stated that the two properties are different and the one property with more
work required will be assessed more.
Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-068, there
being ample copies available for the public. Upon vote: All ayes. Motion carried.
Motion by Schmitt, second by Williams, to adopt Resolution 2012-068,being a resolution
ordering improvements for concrete alley construction between Jackson and Van Buren Streets
from 40th Avenue to 160 feet north of 40th Avenue. Upon vote: All ayes. Motion carried.
B. Adopt Resolution 2012-067 being a resolution ordering improvements for sidewalk construction
on the north side of 43rd Avenue between Quincy Street and Central Avenue
Hansen stated there is only one abutting property, the shopping center affected by this
construction. Hansen described the locations of the sidewalk extension. Because of ADA
regulations,the middle entrance will be reconstructed.
Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-067, there
being ample copies available for the public. Upon vote: All ayes. Motion carried.
Motion by Schmitt, second by Williams, to adopt Resolution 2012-067, being a resolution
ordering improvements for 43rd Avenue sidewalk between Quincy Street and Central Avenue.
Upon vote: All ayes. Motion carried.
C. Adopt Resolution 2012-069 ordering improvements and levying and adopting the assessment for
Grandview Court
Motion by Williams, second by Schmitt, to table the Grandview Court assessment. Upon vote:
All ayes. Motion carried.
Fehst stated it is our intention to obtain the funds from the owner to do this work.
Nawrocki questioned why we are not doing the section of street on the east side of Grandview
Court. Hansen stated that Grandview Court is a"U" shape. Not knowing the development
timeframe, we were not going to do the small areas. The area requested accesses the
underground parking and there is beginning to be curb and street deterioration.
D. Adopt Resolutions 2012-58, 1124-26 45th Avenue N.E., 2012-59, 1132-34 45th Avenue N.E.,
2012-60, 4318 3rd Street N.E., 2012-61, 5005 7th Street N.E., 2012-62, 3814 Gauvitte Street
N.E., 2012-63, 4124 5th Street N.E., 2012-64, 5250 7th Street N.E., 2012-65, 3820 Hayes Street
N.E., and 2012-66, 4544 Madison Street,being Resolutions of the City Council of the City of
Columbia Heights approving rental license revocation for failure to meet the requirements of the
Property Maintenance Codes.
Fire Chief Gary Gorman listed the corrections that have not been made to 1124-26 45th Avenue.
This is the only request for revocation, as all others are now in compliance.
Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of
Resolution Number 2012-58, there being amide copies available to the public. Upon vote: All
City Council Minutes
Tuesday May 29,2012
Page 4 of 9
ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Resolution Number 2012-58, being a
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)of the rental licenses listed. Upon vote:
All ayes. Motion carried.
E. Adopt Resolution 2012-57, 4201 Washington Street N.E. being a declaration of nuisance and
abatement of violations within the City of Columbia Heights.
Gorman stated this property is vacant and was found unsecured, so we secured it and are now
awaiting abatement by the City Council. Schmitt questioned why the owner's name is on the
resolution. Gorman stated that upon contacting the bank listed at the property, they indicated that
they do not have any records for this property. The redemption period was over at the end of
April.
Motion by Schmitt, second by Williams, to close the public hearing and to waive the reading of
Resolution Number 2012-57 there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Schmitt, second by Williams, to adopt Resolution Number 2012-57 being a
resolution of the City Council of the City of Columbia Heights declaring the properties listed a
nuisance and approving the abatement of violations from the properties pursuant to City Code
section 8.206. Upon vote: All ayes. Motion carried.
F. Adopt Ordinance 1607, being an ordinance amending Chapter 3, Sections 33 and 34 of the City
Charter regarding election write in candidates.
Motion by Williams, second by Schmitt, to waive the reading of the ordinance,there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Ordinance No. 1607, being an ordinance
amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights. Upon
vote: All ayes. Motion carried.
ITEMS FOR CONSIDERATION -none
ADMINISTRATIVE REPORTS
Report of the City Manager
Nawrocki asked how the Community Development Steering Committee was formed. Fehst stated
that Council wanted to look at the sign ordinance again. Peterson stated that Council member
Schmitt offered to be on this committee. She indicated they meet at 7:00 a.m. Fehst stated that
citizens indicated the design guidelines ordinance was too restrictive. Nawrocki stated this was
discussed at the EDA meeting, and was it left that there was not time to discuss this and it would be
brought up at a later date. Fehst stated that this was discussed at a City Council meeting.
Schmitt stated it was suggested that we get input from businesses, since the ordinances affect
businesses. The committee is a group of people from the community consisting of business owners,
citizens, a Planning and Zoning Commission representative, and herself to brainstorm and discuss
ideas. We are not setting policies. Our third meeting will be held tomorrow to get citizen input.
Nawrocki asked who appointed the committee. Jim Hoeft, City Attorney, stated that the City
Manager and staff created it, as it is not an administrative committee. Schmitt stated that the City
Planner was turned down by several people that could not participate at this time. There is also a
volunteer that attended our Citizens Academy. Nerocki stated that he did not receive any
City Council Minutes
Tuesday May 29,2012
Page 5 of 9
applications or list of names. Things that involve city business should come through the City
Council. Fehst stated that anyone is welcome to attend. We want to be business friendly and get their
input. Peterson again stated they are volunteers with objective ideas.
Peterson stated that our Library Director is going to retire. Nawrocki stated that the Council was not
told she resigned. He referred to the checking the League of Minnesota Cities salary survey, which
shows this position's salary range to be lower than ours, and since we are starting anew we should
look at the salary. Fehst asked if he looked at the entire library system. Fehst stated that we do an
accurate assessment of positions. Nawrocki stated that most libraries are tied in through county
libraries. There are very few municipal libraries left. Fehst suggested he come in and talk to the
Human Resources Director. Peterson stated that staff looks at the best economics for our community,
but we want someone that is qualified. Peterson stated that Loader will be sorely missed.Nawrocki
stated this will not come back to Council, as it is the Manager's responsibility. Fehst stated that, as
we do with department heads, Council will have a chance to meet with the candidates; but the
ultimate decision is his. Nawrocki stated this is the time to consider the salary,before a decision is
made.
Fehst stated that a copy of the Auditor's report summary data was sent to the Council. The full
document is over 100 pages and is available in our office for review.
Fehst stated that the Mayor and Council have authorized him to speak to other cities regarding
collaboration and combining services with surrounding communities. St. Anthony is discussing
combining one department with their council tonight. Nawrocki stated he would like to see what
discussions have been held with other units of government to cut expenses. Fehst stated that if there
was a way to consolidate cities, he would consider stepping aside to work on just that. We would
probably lose some council members and department heads. There would be obvious savings on
staff and equipment. We are looking at this and will continue to look at it.
Nawrocki referred to the letter from the sewer insurance company that appears to be from the City of
Columbia Heights. The original thought was that the City would be an official partner,but the City
decided not to do that because we don't know how they will handle their customers.Nawrocki
questioned the credence we are giving these people. There is only one other city in this program.
Schmitt stated she brought this idea forward. The custodian at her church asked if it was legitimate
and felt it was a really good deal. Some neighbors are already signing up for the entire year. Local
insurance agencies cannot match the price. Hansen stated that the program is being advertised
separately between sewer and sanitary sewer. Combined, the cost would be about$10 a month.
Three other cities have contacted him requesting information. Nawrocki stated he checked with his
insurance agent and he has this insurance as part of his policy. We should suggest that people contact
their agent first to see if they have this and what the cost would be.Nawrocki asked if this replaces a
broken line. Hansen stated they repair the line. Hansen stated that if a blockage is due to your own
line it is covered, not if it is from a main line.
Fehst stated he attended the First Heights Idol competition at Murzyn Hall. There were children with
beautiful voices. A judge commented on the wonderful talent in Columbia Heights. The next Heights
Idol competition will be held during the Jamboree. The Recreation Department does a great job with
this. We put in for a League of Minnesota Cities award for targeting Youth/City/School ventures and
we were notified we will receive the award at the League conference. Two years ago we received
this award for collaboration with the school district. Fehst listed the items included in this
application and stated that Council would receive a copy. Fehst complimented Becky Loader and
Linda Magee for the"polish"they gave the application. He commended Loader on the great job she
does and stated that she will be sorely missed.
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City Council Minutes
Tuesday May 29,2012
Page 6 of 9
Report of the City Attorney—nothing to report
CITIZENS FORUM
Ahmed Mohsen Elyamani,Affordable Auto Works 715 39th Ave NE stated he has been in business
since 2001. His state car sales license was closed in 2010 when they remodeled. Two weeks ago he
went to the city to renew his license and was told he would lose the license. He stated that city staff
never told him he would not be able to obtain a city license. He indicated that the City Planner stated
that since they have a state license they did not need a city license. He indicated that the city is
responsible to let us know what licenses are required. Hoeft indicated that there was more than a year
lapse in the license,which requires the property be brought up to code.
Nawrocki asked if they sell cars. Elyamani stated they have repaired and sold cars for the past 11
years. Hoeft stated the issue discussed is regarding car sales and the lack of license for over one year.
Fehst asked how many cars in a year were sold. Elyamani estimated 250 cars with 75% dealer trades
and 25% are from auctions. Fehst stated that the law is what it says,but this gentleman has had a
business here for 11 years. Peterson stated he would like to see us look more closely at this. Elyamani
stated that if he knew the license would lapse, he would have paid the money. Peterson asked Fehst to
speak to the City Planner about this. Fehst stated that we will look at the area and situation.
Joyce Meyer, 4931 Jackson Street, stated that she has not had a property violation for 12 years,but
now received a violation. She stated she did not receive communication from the Fire Department.
There needs to be some rules about yard sales. The City removed some of her property,because she
did not meet the four day rule. We need a spokesperson that people can go to talk to like the city of
Minneapolis. She stated that she did not receive a call back from the Asst. Fire Chief or the Mayor.
Meyer listed items that were removed from her property just because she was trying to have a yard
sale. Fehst stated Meyer has a long history of issues with us, but we have worked with her and her
family. He agreed that there are a few things that should not have been taken, but there were a good
deal of things that needed to be removed. Fehst apologized and stated that we are trying to work with
Meyer. There was sufficient notice to get these items out of site and there are ordinances to follow.
Fehst suggested she speak to Asst. Chief Larkin.Nawrocki asked if she was collecting items for a
yard sale. The yard sale limit is three days. He asked how long she had the items displayed. She
indicated it was longer than that, but there is a difference between yard sale items and decorative
items. Nawrocki stated that yard sale items are generally placed in the garage over night.Nawrocki
requested a copy of the yard sale ordinance and the fire department report. Peterson stated that the
rules were violated, but we are trying to return the decorative items removed.
Patrick, of Keystone Automotive at 39th and Jackson, stated he employees 35 employees and was
present to support the previous auto store owner.
Peterson stated that he and the Manager attended the 394th Airborne coming back from Afghanistan to
meet their family. The respect these solders have for citizens and country is remarkable.
Peterson stated"Don't forget our service men and women." "Don't take ourselves too seriously and
do a random act of kindness."
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:32
Patricia Muscovitz CMC City Clerk
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City Council Minutes
Tuesday May 29,2012
Page 7 of 9
RESOLUTION NO.2012-56
A RESOLUTION AMENDING THE 2012 STREET DEPARTMENT BUDGET TO UTILIZE PARKING MAINTENANCE
FUNDS COMMITTED BY RESOLUTION 2010-138
WHEREAS,the City of Columbia Heights has levied and collected special assessments from various properties located from 39th
Street NE to 41st Street NE,on both sides of Van Buren Street NE and the west side of Central Avenue NE,based on a
determination of their relative parking needs and the terms of a development agreement under the Columbia Heights BRA;and
WHEREAS,the City of Columbia Heights maintained the unspent balance of these assessments in a separate fund used solely for
maintenance of its downtown parking facilities from 1986 through 2010;and
WHEREAS,in 2011,the Governmental Accounting Standards Board(GASB)revised its reporting standards in a manner
required that the unspent balance of these assessments be henceforth reported within the City's General Fund;and
WHEREAS,the City of Columbia Heights,when implementing the revised GASB reporting standards,documented by resolution
2010-138 that the unspent balance of these assessments reported within the City's General Fund is committed for the specific
purpose of downtown parking maintenance;and
WHEREAS,the City of Columbia Heights estimates that the 2012 maintenance costs of its downtown parking facilities will be
approximately$50,000;
NOW,THEREFORE,BE IT RESOLVED that the 2012 street department budget(101-43121)within the City of
Columbia Heights'General Fund be amended to utilize up to$50,000 of the balance committed for downtown parking
maintenance by resolution 2010-138.
RESOLUTION 2012-068
ADOPT RESOLUTION 2012-068 BEING A RESOLUTION ORDERING IMPROVEMENTS FOR CONCRETE ALLEY
CONSTRUCTION BETWEEN JACKSON AND VAN BUREN ST.FROM 40TH AVE.TO 160 FEET NORTH OF 40TH AVE.
WHEREAS,Resolution 2012-054 of the Columbia Heights City Council adopted the 14th day of May,2012 fixed a date for a
Council hearing on the proposed improvement for concrete alley construction between Jackson and Van Buren Streets from 40th
Avenue to 160 feet north of 40th Avenue;
AND WHEREAS,ten days'mailed notice and two published notices of the hearing a week apart were given,and the hearing was
held on the 29th day of May,2012,at which all persons desiring to be heard were given an opportunity to be heard thereon.
WHEREAS,the Council determines to proceed with this local improvement,a portion of the cost being defrayed by special
assessments under Charter provisions.
NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,MINNESOTA:
1. That the location and extent of such improvements is as follows:
CONCRETE ALLEY CONSTRUCTION
Between Jackson and Van Buren Streets from 40th Avenue to 160'north of 40th Avenue
Work includes storm sewer construction,new granular sub-base(if needed),new aggregate base,new concrete alley with
curb and gutter,new concrete alley apron,bituminous driveway,sod restoration,miscellaneous construction items,and
appurtenances.
2. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29th day of May,2012.
3. Such improvement is necessary,cost-effective and feasible as detailed in the feasibility report.
4. These improvements shall also be known as Project 1111 and PIR:
2012-Z6-06-001 for Concrete Alley Construction,and
5. The City Engineer,Kevin Hansen,is hereby designated as the engineer for this improvement. The engineer shall
prepare plans and specifications for the making of such improvement.
RESOLUTION 2012-067
ADOPT RESOLUTION 2012-067 BEING A RESOLUTION ORDERING IMPROVEMENTS FOR SIDEWALK
CONSTRUCTION ON THE NORTH SIDE OF 43RD AVE.BETWEEN QUINCY ST.AND CENTRAL AVE.
WHEREAS,Resolution 2012-055 of the Columbia Heights City Council adopted the 14th day of May,2012 fixed a date for a
Council hearing on the proposed improvement along the north side of 43rd Avenue between Quincy Street and Central
Avenue.
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AND WHEREAS,ten days'mailed notice and two published notices of the hearing a week apart were given,and the hearing
was held on the 29th day of May,2012,at which all persons desiring to be heard were given an opportunity to be heard
thereon.
WHEREAS,the Council determines to proceed with this local improvement,a portion of the cost being defrayed by special
assessments under Charter provisions.
NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,MINNESOTA:
1. That the location and extent of such improvements is as follows:
Sidewalk Construction—North side of 43'd Avenue,approximately 255'east of Quincy Street to 240'west of Central
Avenue.
Work includes 5'wide concrete sidewalk with driveway apron and turf restoration.
2. Such improvement is necessary,cost-effective,and feasible as detailed in the Feasibility Report.
3. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29th day of May,2012.
4. These improvements shall also be known as Project 1209 and PIR 2012-Z6-10-001.
5. The City Engineer,Kevin Hansen,is hereby designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
RESOLUTION 2012-58
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,
Article N,Section 5A.408(A)of that certain residential rental license held by DMTE Enterprises(Hereinafter"License
Holder").
Whereas,license holder is the legal owner of the real property located at 1124-26 45th Avenue N.E.,Columbia Heights,
Minnesota,
Whereas,pursuant to City Code,Chapter 5A,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 April 26,2012 of an public hearing to be
held on May 29,2012.
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 19,2012 inspectors for the City of Columbia Heights,inspected the property described above and noted
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 April 26,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that 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 17,2012 inspectors for the City of Columbia Heights checked records for this property and noted that the
violations remained uncorrected
4. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Property
Maintenance Code were found to exist,to-wit: shall all/any missing storm windows,shall replace all/any broken windows,shall
scrape and paint wherever there is peeling paint on the structure/siding,and shall repair the foundation block work that is
damaged on the east side of the house
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 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 F11648 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 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2012-57
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8,Article II,of City Code,of the property owned by James Spensley (Hereinafter
"Owner of Record").
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Whereas,the owner of record is the legal owner of the real property located at 4201 Washington Street NE,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 22,2012.
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 21,2012 an inspection was conducted on the property listed above. Inspectors found violations. The Fire
Chief ordered the property be abated immediately due to be ing unsecured.
2. That on May 22,2012 office staff sent a statement of cause that was mailed via regular mail to the owner listed in the
property records.
3. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s)were
found to exist,to wit:the Police Department received a call about the home located at 4201 Washington Street being vacant and
unsecured. After Police and Fire response it was determined that the structure was a nuisance and the structure was boarded up
and secured
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
1. That the property located at 4201 Washington 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 4201 Washington Street N.E.constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
ORDINANCE NO. 1607
BEING AN ORDINANCE AMENDING CHAPTER 4,NOMINATIONS AND ELECTIONS, SECTIONS 33 AND 34 OF
THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Section 1:Chapter 4, Sections 33 and 34 of the Charter of the City of Columbia Heights is herewith amended to read as
follows:
Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in votes to be counted in the general
election must file a written request with the City Clerk no later than seven(7)days before the general election. All write-in
votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes
for a single candidate.
Section 33.34.CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any
regular or special election,and shall make full declaration of the results as soon as possible,and file a statement thereof with
the city clerk. This statement shall include:(a)the total number of good ballots cast;(b)the total number of spoiled or
defective ballots;(c)the vote for each candidate,with an indication of those who were elected;(d)a true copy of the ballots
used;(e)the names of the judges and clerks of election;and(f)such other information as may seem pertinent. The city clerk
shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011)
Section 34. 35.PROCEDURE AT ELECTIONS.The conduct of elections shall be regulated by ordinance,subject to the
provisions of this charter and of the General Laws of Minnesota.
Section 2: This Ordinance shall be in full force and effect from and after ninety(90)days after its passage.
15
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
JUNE 5,2012 -7:00 PM
The meeting was called to order at 7:00 pm by member Marlaine Szurek.
Commission Members present- Fiorendino, Peterson, Kinney, and Szurek.
Also present were Jeff Sargent(City Planner), and Shelley Hanson(Secretary).
Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of May 1,
2012. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2012-0601
APPLICANT: Renaissance Fireworks
LOCATION: 4005 Central Avenue
REQUEST: Interim Use Permit-Fireworks Tent
Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a
fireworks tent at 4005 Central Avenue. The City of Columbia Heights has recently amended the
ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim
Use Permit. The specific development standards for an outdoor sales/display establishment are
found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This
will be the Renaissance's 8th year operating a fireworks tent at this location in Columbia Heights.
The attached site plan illustrates the configuration and orientation of the fireworks tent to Central
Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent
prior to the business opening for operation.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for commercial use, including retail sales,
offices and service businesses. The proposal is consistent with the intent of the City's
Comprehensive Plan.
ZONING ORDINANCE
The zoning classification for this property located at 4005 Central Avenue is CBD, Central
Business District. Fireworks tents are allowed as Interim Uses in this zoning district.
Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance
requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore,
the existing 87,500-square foot commercial building is required to have 263 parking spaces.
After using the 13 parking spaces for the tent, the site will still have 282 parking spaces.
Furthermore, with the location of the display area on the opposite side of the parking lot as the
store entrances, the operation should not have any effect on vehicular access for the site.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in
order for the City to grant an interim use permit. They are as follows:
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1. The use is one of the interim uses listed for the zoning district in which the property is
located, or is a substantially similar use, as determined by the Zoning Administrator.
Fireworks tents are an Interim Use in the CBD, Central Business District, and are
considered retail sales, which are permitted.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates the property for commercial use, including retail sales,
offices and service businesses. The proposal is consistent with the intent of the City's
Comprehensive Plan.
3. The use will not impose hazards or disturbing influences on neighboring properties.
The proposed temporary use should not have any detrimental impact on neighboring
properties because of its proximity to Central Avenue and because it is shielded from
adjacent residential uses.
4. The use will not substantially diminish the use of property in the immediate vicinity.
The fireworks tent as proposed will have no impact on the use of adjacent properties.
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.
The fire department will conduct an on-site survey prior to the business opening. All
state requirements regarding fireworks sales will be complied with before the fire
department will allow the operation of the business.
6. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
The traffic generated by the fireworks tent will not significantly increase the traffic on the
public streets, and the site is large enough to handle additional interior traffic.
7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
As indicated by prior descriptions, the fireworks tent should not have a negative impact on
other uses in the immediate vicinity, which are all zoned commercial.
Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks
tent subject to conditions of approval as reviewed.
Questions from members:
Fiorendino asked if there would be two tents at this location. Sargent said there would only be
one tent(either Option 1 or Option 2). He said there would also be a portable storage unit on site
that is used to lock up some of the merchandise over night.
Peterson asked if this was the same company that will have a display at 44th and Central. Sargent
said it was and that it will have similar merchandise.
No one was present to speak under the Public Hearing.
Motion by Fiorendino, seconded by Kinney, that the Planning Commission approves Resolution
2012-PZ04 for the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, subject to
certain conditions of approval that have been found to be necessary to protect the public interest
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and ensure compliance with the provisions of the Zoning and Development Ordinance,
including:
1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed
by the Community Development Department and the Fire Department.
2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and
NFPA Chapter 1124.
3. Fireworks tents located within the public right-of-way are prohibited.
4. All goods shall be displayed on a designated impervious surface area.
5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
6. Music or amplified sounds shall not be audible from adjacent residential properties.
7. The fireworks tent shall not reduce the amount of off-street parking provided one-site
below the level required for the principal use.
8. Signage shall be limited to two (2)professionally made signs, with a combined square
footage not exceeding thirty-two (32)square feet.
All ayes. MOTION PASSED.
RESOLUTION NO.2012-PZ04
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN
INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS,INC WITHIN THE CITY OF
COLUMBIA HEIGHTS,MINNESOTA
WHEREAS, a proposal (Case #2012-0601) has been submitted by Renaissance Fireworks to the
Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia
Heights at the following site:
ADDRESS: 4005 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks
tent and sale for a period of no more than 90 days,per Code Section 9.110 (F)(4)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
June 5,2012;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of
the City staff regarding the effect of the proposed site plan 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 of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and
adopts the following findings:
1. The use is one of the interim uses listed for the zoning district in which the property is
located,or is a substantially similar use, as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or disturbing influences on neighboring properties.
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. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
7. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
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FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree that
this permit shall become null and void if the project has not been completed within one (1) calendar year
after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the
Community Development Department and the Fire Department.
2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA
Chapter 1124.
3. Fireworks tents located within the public right-of-way are prohibited.
4. All goods shall be displayed on a designated impervious surface area.
5. All goods shall be displayed in an orderly fashion,with access aisles provided as needed.
6. Music or amplified sounds shall not be audible from adjacent residential properties.
7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below
the level required for the principal use.
8. Signage shall be limited to two (2) professionally made signs, with a combined square
footage not exceeding thirty-two(32)square feet.
CASE NUMBER: 2012-0602
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for Secondhand Stores
Staff recently received a request to place a secondhand store in the City. The current ordinance
allows these types of uses as Conditional Uses as long as they are not located within 3,000 feet
from another secondhand/consignment store, pawnshop, currency exchange or precious metal
dealership. Because of this regulation, staff had to inform the business that they would not be
able to locate in the building that they desired.
Being that there already exists enough uses along Central Avenue that trigger the 3,000-foot
distance requirement, no more of these similar-type uses would be able to locate along Central
Avenue. The initial inquiry regarding the proposed secondhand store enabled staff to further
study the Zoning Code to determine the types of stores that would no longer be allowed along
Central Avenue. Stores such as Half Price Books, Play it Again Sports, Plato's Closet, Second
Swing and Once Upon a Child would not be allowed along Central Avenue unless an existing
use triggering the 3,000-foot requirement were to leave. The study of the Zoning Code also
revealed that antique stores would be classified as secondhand stores, and would fall into the
3,000 distance requirement as well.
At this time, Staff proposes an ordinance amendment that would allow for secondhand stores
along Central Avenue that would not have to comply with the 3,000-foot requirement. Staff
noticed that the major difference between the above-listed secondhand stores that would no
longer be allowed on Central Avenue, and the current secondhand stores in Columbia Heights
(namely, Unique Thrift and Savers), is that the above-listed stores do not rely on donations to
supply the majority of their merchandise. Most often, these types of stores will purchase the
used merchandise from someone, and only if the merchandise is in good repair. Taking this into
consideration, staff proposes to differentiate between "secondhand store" and "thrift store", with
the difference being the percentage of donations generally accepted by each type of business.
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The proposed changes to the Zoning Code include the addition of definitions for antique store,
consignment store, currency exchange, secondhand store and thrift store:
ANTIQUE. Work of art, furniture, decorative objects made at an earlier period at least
30+years old.
ANTIQUE STORE. A retail establishment with more than fifty percent (50%) of its
merchandise being sold as antiques.
CONSIGNMENT STORE. A retail establishment where more than fifty percent (50%) of
the goods are placed on consignment. Consignment is the art of placing goods in the hands of
another, while still retaining ownership,until the goods are sold.
CURRENCY EXCHANGE. Any business or person except a bank, trust company,
savings bank, savings and loans association or credit union that is engaged in the business of
cashing checks, drafts, money orders, or traveler's checks for a fee.
SECONDHAND STORE. A retail establishment that sells previously used merchandise,
more than thirty percent (30%) of which is not donated, such as clothing, furniture, appliances,
household goods, sporting goods, books, recreational equipment, toys or other merchandise not
considered to be antique, that is in good repair or has been restored or reconditioned to a clean
and useable condition. This definition excludes antique stores, pawnshops, thrift stores,
consignment stores and precious metal dealerships.
THRIFT STORE. A retail establishment that derives more than thirty percent(30%) of its
sales from donated, previously used merchandise such as clothing, furniture, appliances,
household goods, sporting goods, books, recreational equipment, toys or other merchandise not
considered to be antique.
Other changes include allowing antique stores as permitted uses in the GB, General Business
District and the CBD, Central Business District, and allowing secondhand stores, without the
3,000-foot separation requirement, as a Conditional Use in the GB, General Business District and
the CBD, Central Business District.
COMPREHENSIVE PLAN
One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable
commercial areas within the community, and to promote reinvestment in properties by the
commercial and industrial sectors. Allowing secondhand stores without the 3,000-foot
separation requirement would strengthen the viable commercial areas in the City.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each
of the following four findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive Plan is to preserve and enhance the existing
viable commercial areas within the community, and to promote reinvestment in
properties by the commercial and industrial sectors. Allowing secondhand stores
without the 3,000-foot separation requirement would strengthen the viable
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June 5, 2012
commercial areas in the City.
2. The amendment is in the public interest and is not solely for the benefit of a single
property owner.
The proposed amendment would apply to all commercial districts throughout the
City.
3. Where the amendment is to change the zoning classification of a particular property,
the existing use of the property and the zoning classification of property within the
general area of the property in question are compatible with the proposed zoning
classification.
The amendment would not change the zoning classification of a particular property.
4. Where the amendment is to change the zoning classification of a particular property,
there has been a change in the character or trend of development in the general area of
the property in question, which has taken place since such property was placed in the
current zoning classification.
The amendment would not change the zoning classification of a particular property.
Questions from members:
Fiorendino asked if there were problems with these types of businesses that staff was trying to
address. Sargent explained that someone wanted to open an occasional shop whereby they
would buy things, refurbish them, and then hold a sale one week a month. Staff feels that is a
good use of some of the small business locations we have throughout the city,but under the
present Ordinance, it isn't allowed. Therefore, staff took a closer look at the various businesses
and thought they should each be better defined. Staff believes the amendment proposed still
meets the intent of the original Ordinance.
Peterson asked if Pawn Shops would be considered the same as a consignment shop. Sargent
stated that there is a separate definition for Pawn Shops and would have different requirements
from a consignment shop. Peterson then asked how the 30% criteria would be monitored.
Sargent said that would be handled through the CUP. He told members that it was meant more
to define the type of store it is, than to actually monitor the inventory. He stated that if there is
an obvious abuse of the type of store it actually is, then the CUP could always be revoked.
Kinney clarified that Antique stores wouldn't have the requirement to obtain a CUP. Sargent
said that is correct, it would be a permitted use and would not require a CUP. Kinney then asked
why staff recommended keeping a 3,000 foot distance requirement on consignment stores. Both
Kinney and Fiorendino thought a consignment store should be treated similar to a secondhand
store, and be allowed with a CUP, and not be subject to the 3,000 foot distance requirement.
They felt that distance requirement should still be applied to thrift stores, precious metal dealers,
pawn shops, and currency exchange businesses.
Public Hearing
No one was present to speak on this.
Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the
City Council approve the proposed zoning amendment, with the corrections as discussed with
consignment shops being treated the same as secondhand stores. All ayes. MOTION PASSED.
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The following ordinance will go to the City Council June 11, 2012.
DRAFT ORDINANCE NO. 1608
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
RELATING TO SECONDHAND STORES WITHIN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the
follow ing additions and deletions:
§ 9.103 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ANTIQUE. Work of art, furniture,decorative objects made at an earlier period at least 30+
years old.
ANTIQUE STORE. A retail establishment with more than fifty percent (50%) of its
merchandise being sold as antiques.
CONSIGNMENT STORE. A retail establishment where more than fifty percent (50%) of
the goods are placed on consignment. Consignment is the art of placing goods in the hands of
another, while still retaining ownership, until the goods are sold.
CURRENCY EXCHANGE. Any business or person except a bank, trust company, savings
bank, savings and loans association or credit union that is engaged in the business of cashing
checks, drafts, money orders, or traveler's checks for a fee.
SECONDHAND STORE. A retail establishment that sells previously used merchandise,
more than thirty percent (30%) of which is not donated, such as clothing, furniture, appliances,
household goods, sporting goods, books, recreational equipment, toys or other merchandise not
considered to be antique, that is in good repair or has been restored or reconditioned to a clean and
useable condition. This definition excludes antique stores, pawnshops, thrift stores, consignment
stores and precious metal dealerships.
THRIFT STORE. A retail establishment that derives more than thirty percent (30%) of its
sales from donated, previously used merchandise such as clothing, furniture, appliances, household
goods, sporting goods, books, recreational equipment, toys or other merchandise not considered to
be antique.
Chapter 9, Article I, Section 9.107(C)(14)(a) 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:
(14) Consignment/secondhand store.
(a) Consignment/secondhand stores shall be identified as stores whose primary
existence is derived from 'nor- 9O, . , , , , - , - •- , - , ,
pawnshops and precious metal dealerships.
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June 5, 2012
[(b)—(h)shall be renumbered accordingly]
Chapter 9,Article I, Section 9.107(C)(15)(a) 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:
(15) Currency exchange.
(a) The use shall be located at least 3,000 feet from all existing currency exchanges,
consignment/sccondhand stores,pawnshops, thrift stores, and precious metal dealerships.
[(b)—(e)shall remain unchanged.]
Chapter 9,Article I, Section 9.107(C)(37)(a)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:
(37) Pawnshop.
(a) The use shall be located at least 3,000 feet from all existing pawnshops, currency
exchanges, consignment/sccondhand stores thrift stores and precious metal dealerships.
[(b)—(fl shall remain unchanged]
Chapter 9,Article I, Section 9.107(C)(38) 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:
(38) Precious Metal Dealership
(a) The use shall be located at least 3,000 feet from all existing precious metal
dealerships,pawnshops, currency exchanges and consignment/secondhand stores and thrift stores.
[(b)—(0 shall remain unchanged]
§9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Specific development standards. The following uses are subject to specific development
standards:
(48) Secondhand Store
(a) No more than thirty percent (30%) of the total amount of merchandise sold
in the store may come from public or private donations to the store.
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June 5, 2012
(b) Outdoor sales of merchandise may only occur as conditions of approval for
the Conditional Use Permit.
(c) All outdoor sales must comply with the regulations set forth in this article.
[Current Sections 9.107(48) and (49) shall be renumbered accordingly]
§9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Specific development standards. The following uses are subject to specific development
standards:
(50) Thrift Store
(a) Thrift stores shall be located at least 3,000 feet from all existing thrift stores,
precious metal dealerships,pawnshops,currency exchanges,consignment stores.
(b) The window and door area of any existing first floor facade along a public
street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that
block views into and out of the building at eye level.
(c) For new construction, at least 30% of the first floor facade along a public
street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into
and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a
public street or sidewalk shall be prohibited.
(e) An appointment or set hours shall be required for the acceptance of donated
merchandise.
(I) All receipt, sorting and processing of goods shall occur within a completely
enclosed building.
(g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter
found thereon.
[Current Sections 9.107 (50)and (51) shall be renumbered accordingly]
Chapter 9, Article I, Section 9.110 (E)(2) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
§ 9.110 COMMERCIAL DISTRICTS
(E) GB, General Business District
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted
within the GB, General Business District:
(11) Antique shops
Chapter 9, Article I. Section 9.110 (E)(2) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
24
P&Z Minutes
Page 10 of 11
June 5, 2012
§9.110 COMMERCIAL DISTRICTS
(E) GB, General Business District
(3) Conditional uses. Except as specifically limited herein, the following uses may be
allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in §
9.104,Administration and Enforcement, and the regulations for specific uses set forth in § 9.107. Specific
Development Standards:
(n) Consignment/secondhand store.
[Current Sections 9.110(3)(o)—9.110 (3)(t) shall remain the same]
(v) Secondhand store
(w) Thrift store
Chapter 9, Article I, Section 9.110(F)(2) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
§9.110 COMMERCIAL DISTRICTS
(F) CBD, Central Business District
P&Z Minutes
Page 13
June 5,2012
(2) Permitted uses. Except as specifically limited herein, the following uses are pennitted
within the CBD,Central Business District:
(gg) Antique store
Chapter 9, Article I, Section 9.110(F)(3) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
§9.110 COMMERCIAL DISTRICTS
(F) CBD, Central Business District
(3) Conditional uses. Except as specifically limited herein, the following uses may be
allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in §
9.104,Administration and Enforcement, and the regulations for specific uses set forth in § 9.107. Specific
Development Standards:
(g) Secondhand store
(h) Consignment store
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: June 11,2012
Second Reading: June 25,2012
NEW BUSINESS
Sargent told members that we should have a new member at the next meeting. The City Council
will be making appointments to open commission positions at the meeting of June 11, 2012.
25
P&Z Minutes
Page 11 of 11
June 5, 2012
OTHER BUSINESS
Sargent asked the Commission to reschedule the July meeting to July 10th, instead of July 31d, to
better accommodate the 4th of July Holiday. He explained we presently have two applications
and that the applicants have been told about the possible change of dates for the meeting.
Motion by Fiorendino, seconded by Kinney to change the July meeting to July 10`h. All ayes.
MOTION PASSED.
The meeting was adjourned at 7:35 pm.
Respectfully submitted,
Shelley Hanson
Secretary
26
Approved
6/6/2012
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
May 2,2012
The meeting was called to order by Chair Patricia Sowada,at 6:30 p.m. Members present were:Nancy Hoium,
Steve Smith,Patricia Sowada,Barbara Tantanella, and Catherine Vesley.Also present: City Council
Representative Tami Diehin,Becky Loader,and Stacey Hendren.
The minutes of the April 4,2012 Board meeting were approved as mailed.
The bill list dated 4/4/12 of 2012 bills was reviewed. It was moved,seconded,and passed that the bills be paid.
The bill list dated 4/18/12 of 2012 bills was reviewed. It was moved,seconded,and passed that the bills be paid.
The 2012 accounting dated 5/2/12 was reviewed.
Old Business:
1. At the last meeting of the Task Force Scott Clark,Community Development Director,presented data
concerning possible library sites.Based on the facts,Clark stated the most viable locations were at 47th&
Central,and behind the Public Safety building. The Board discussed these two locations. The Board was
notified that the Task Force will conduct its further meetings at City Hall.
2. Loader reminded Board members that on June 4,2012,the checkout limit will be 50 items.
Organizational cards will have a limit of 100 items.
New Business:
1. The Board appreciated the thank you letter to the Sister City for the two-year subscription to Polish
American Journal.
2. The Board appreciated the thank you letter to the Friends. The Friends were able to purchase 14
children's DVDs for the collection using Campbell's Labels.
3. The Board discussed the article in the Fridley Patch about the Mississippi Library. Due to the high use
and low circulation,the Anoka County Library Board is proposing capital requests to reconfigure the
Mississippi Library as a tech center.
4. The Board reviewed the Unique Management Status Report for March
5. The March crossover statistics were reviewed by the Board. Board members noted the eBook and eAudio
statistics.
6. The Board was notified that the Library is involved in a theft ring along with several MELSA library
systems. Law enforcement agencies are investigating.
7. The Board reviewed the Open Meeting Law and noted that meetings must adjourn prior to Library
closing.
1
27
8. Loader has begun preparation on the 2013 budget. There is a 2%increase over 2012,and no labor
contracts are settled for 2013. Loader invited input concerning items to be included in the 2013 budget.
Vesley requested new blinds in the Boardroom. Smith asked how often magazine subscriptions were
reviewed. Loader stated that a report concerning magazine circulation is reviewed annually. Smith
inquired about the concrete replacement and bike rack. Loader stated that the bike rack,patio table, and
concrete replacement will occur in the next two weeks. Carpeting replacement for the Adult Reading
Room will be included in the 2013 budget request.
9. The Board reviewed statistics compiled by Ramon Gomez,Library Clerk,comparing the Library Gate
Count to Internet and Circulation.
10. The City recently enacted a Social Media Policy for all depai uients. The Library now has a presence on
Facebook, and Loader requested the Board consider adding the Policy to the Library Policy Manual. The
Board discussed the benefits of using the Facebook page and how it draws people to the Website. Loader
stated that the Library does not allow comments.
Motion: To include the City Social Media Policy in the Library Policy manual. The motion was seconded
and passed.
Items from the Floor:
1. The Board received and reviewed copies of the 2011 one page annual report. The Board appreciated the
appealing design by Gomez.
2. Staff Day will be on Mayl Oth for ACL and CHPL employees. Loader enquired whether the Board would
be willing to pay part-time supervisors that are willing to go.
Motion: To open Staff Day attendance to part-time supervisors who want to go and pay them for their
time. The motion was seconded and passed.
3. The Columbia Heights Jamboree Parade is on June 22❑d. The Library plans to have a booth outside the
building. Board members were encouraged to attend.
4. Loader announced her retirement effective July 6`1'.
There being no further business,the meeting was adjourned at 7:37 p.m.
Respectfully submitted,
Stacey R.Hendren
Secretary,Library Board of Trustees
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and
activities.
2
28
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetin of June 11, 2012
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: I CITY MANAGER'S
NO: Community Development APPROVA
ITEM: Appointment of HRA Commissioner BY: Sheila Cartney BY:
DATE: June 5, 2012
BACKGROUND:
In March of 2011 the HRA Commissioners reviewed applicants for a vacated Commission position.
The applicants were all from Parkview Villa North, as the PHA rules state that at least one position on
the HRA must be a resident. At that time, the HRA selected Irene Sufka but due to a number of issues
she was not able to assume the position and was never sworn in. The next alternative from the 2011
process is Rheta Nelson who has stated that she still desires the subject position.
At the June 4, 2012 HRA meeting the HRA Commissions approved the appointment of Rheta Nelson.
According to the HRA bylaws the Mayor appoints the Commissioner and the City Council approves
the appointment.
RECOMMENDATION: The HRA recommends the Mayor's appointment of Rheta Nelson for the
HRA Commission.
RECOMMENDED MOTION: MOTION: Move to approve Rheta Nelson as a HRA Commissioner
for a five year term.
Attachments:none
COUNCIL ACTION:
29
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of: June 11, 2012
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROVAL
ITEM: Appointments to City BY: Walt Fehst BY: , "!
Commissions DATE: June 5,2012 DATE:
NO:
Background:
On June 4, 2012, City Council members interviewed current applicants for the Planning and
Zoning Commission and the Traffic Commission. Mayor Peterson has recommended the
appointment of:
• Traffic Commission -Brian Clerkin
to fill the vacancy of a term that expires in April of 2014.
• Planning and Zoning Commission -Chris Little
to fill the vacancy of a term that expires in April of 2016.
Recommended Motion: Move to appoint Brian Clerkin to the Traffic Commission for the
vacant term to expire April 2014 and Chris Little to the Planning and Zoning Commission for
the vacant term to expire April of 2016.
COUNCIL ACTION:
30
CITY COUNCIL LETTER
MEETING OF: JUNE 11,2012
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
FINANCE APPROVAL
ITEM: RESOLUTION 2012-71 REPEALING BY: JOSEPH KLOIBER BY:
RESOLUTION 2009-72. 0
DATE: June 5,2012
Background
In 2009, the City Council adopted resolution 2009-72 to waive the monetary limits of tort liability provided
under Minnesota Statute 471.981 and to purchase excess liability coverage from the League of Minnesota Cities
Insurance Trust of$1,000,000 over and above the level of coverage that would otherwise have been required for
the City under M.S. 471.981. Based on that action, the City has continued this excess coverage with each
annual insurance policy renewal since 2009.
Analysis
With the 2012-2013 policy year beginning June 1st, at the most recent work session staff reviewed this 2009
decision with the Council. It was discussed that it is unusual for a Minnesota city the size and configuration of
Columbia Heights to carry this optional coverage. There was also a general opinion among staff and elected
officials at the work session that the annual cost to the taxpayers of this coverage exceeded the value to
taxpayers. For the 2012-2013 policy year, the cost of this optional coverage is approximately$8,200.
Recommendation
Staff recommends that the City Council adopt the following motions
RECOMMENDED MOTION: Move to waive the reading of Resolution 2012-71, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2012-71, being a resolution repealing Resolution
2009-72.
JPK
CouncilLetter_Res2012_71_RepealRes2009_72.doc
Attachment
COUNCIL ACTION:
31
RESOLUTION NO. 2012-71
A RESOLUTION REPEALING RESOLUTION 2009-72
WHEREAS, the City of Columbia Heights adopted Resolution 2009-72 to purchase excess liability coverage
from the League of Minnesota Cities Insurance Trust of$1,000,000 over and above the level of coverage that
would otherwise have been required for the City under Minnesota Statute 471.981, and to waive the related
monetary limits of tort liability provided under Minnesota Statute 471.981; and
WHEREAS, the City of Columbia Heights judges that this optional insurance coverage is not currently cost
effective at the current annual premium rate of approximately$8,200;
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights repeals Resolution 2010-138,
effective June 1, 2012.
Passed this day of , 2012
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Patricia Muscovitz, CMC City Clerk
32
RESOLUTION NO.2009-72
BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS
WHEREAS,the City of Columbia Heights is a Minnesota political subdivision desiring to self-
insure its property and liability risks through participation in a joint powers arrangement known
as the League of Minnesota Cities Insurance Trust(LMCIT); and
WHEREAS,Minnesota Statute Section 471.981 permits a city to extend the coverage of its self
insurance to afford protection in excess of any limitations on liability established by law; and
WHEREAS,Minnesota Statute Section 471.981 provides that unless expressly provided in the
ordinance or resolution extending the coverage, the statutory limitations on liability shall not be
deemed to have been waived.
NOW THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby
accept excess liability coverage limits of$1,000,000 from the League of Minnesota Cities
Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota
Statute Section 466.04,to the extent of the limits of the liability coverage obtained from LMCIT.
Passed this 8th day of June 2009.
Offered by: Diehm
Seconded by: Kelzenberg
Roll Call: Ayes:Peterson, Williams,Nawrocki, Diehm,Kelzenberg
°MAC -
ayor Gary eterson
Attest:
,„
jrf ,
Ratricia Muscovitz, CMC
City Clerk
33
SECTION I:LIABILITY COVERAGE WAIVER FORM
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide
whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The
decision to waive or not to waive the statutory limits has the following effects:
• If the city does not waive the statutory tort limits, an individual claimant would be able to recover no
more than$500,000. on any claim to which the statutory tort limits apply. The total which all claimants
would be able to recover for a single occurrence to which the statutory tort limits apply would be
limited to$1,500,000. These statutory tort limits would apply regardless of whether or not the city
purchases the optional excess liability coverage.
• If the city waives the statutory tort limits and does not purchase excess liability coverage, a single
claimant could potentially recover up to$1,500,000. on a single occurrence. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to$1,500,000., regardless of the number of claimants.
• If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant
could potentially recover an amount up to the limit of the coverage purchased. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
This decision must be made by the city council. Cities purchasing coverage must complete and
return this form to LMCIT before the effective date of the coverage. For further information, contact
LMCIT. You may also wish to discuss these issues with your city attorney.
accepts liability coverage limits of$ from the League of
Minnesota Cities Insurance Trust(LMCIT).
Check one.
n The city DOES NOT WAIVE the monetary limits on municipal tort liability established by
Minnesota Statutes 466.04.
n The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04,
to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council meeting
Signature Position
Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MM 55103-2044
34
CITY COUNCIL LETTER
Meeting of: June 11, 2012
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2012-070 FOR BY: Kevin Hansen BY:
APPOINTMENT TO THE MISSISSIPPI DATE: June 6, 2012 DATE:
WATERSHED MANAGEMENT ORGANIZATION
At the March 26, 2012 regular Council meeting, the Joint Powers Agreement (JPA) with the
Mississippi Water Management Organization (MWMO) was approved. The cities of Fridley and
Hilltop also approved the JPA.The five current members are the cities of Lauderdale,Minneapolis,
Saint Anthony Village,and Saint Paul,and the Minneapolis Park&Recreation Board.Each of those
cities also had to reauthorize the agreement for the watershed to move the agreement forward for
final approval, which has now occurred.
To comply with the amended Joint Powers Agreement that establishes joining the Mississippi
Watershed Management Organization,the City of Columbia Heights was designated to appoint one
board member, along with the City of Fridley, for a total of seven (7) board members. The City
Council should approve a resolution appointing a City representative to serve as a member of the
organization.
Councilmember Schmitt has expressed an interest in the MWMO and has been attending their
meetings over the last year.The attached resolution appoints City Councilmember Donna Schmitt as
the City representative.
Recommended Motion: Move to waive the reading of Resolution 2012-070, there being ample
copies available for the public.
Recommended Motion: Move to adopt Resolution 2012-070 being a resolution appointing
Councilmember Donna Schmitt as the City representative to the Mississippi Watershed Management
Organization.
Attachment: Resolution 2012-070
COUNCIL ACTION:
35
RESOLUTION 2012-070
RESOLUTION APPOINTING THE CITY REPRESENTATIVE TO THE MISSISSIPPI
WATERSHED MANAGEMENT ORGANIZATION
WHEREAS, the City of Columbia Heights entered into an amended Joint Powers Agreement to
join the Mississippi Watershed Management Organization, and
WHEREAS, the City is to appoint one representative as a member of the Mississippi Watershed
Management Organization,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights,
County of Anoka, that City Councilmember Donna Schmitt is hereby appointed as the City
representative to the Mississippi Watershed Management Organization.
Passed this 11th day of June, 2012 CITY OF COLUMBIA HEIGHTS
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
36
CITY COUNCIL LETTER
Meeting of: June 11, 2012
AGENDA SECTION: ORDINANCES AND ORIGINATING CITY
RESOLUTIONS DEPARTMENT: MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: SECOND READING OF ORDINANCE BY: CHARTER BY: kill-
NO. 1607, AN ORDINANCE COMMISSION DATE:
PERTAINING TO CHAPTER 4, DATE: 5-17-12
SECTIONS 33 & 34,NOMINATIONS &
ELECTIONS
NO:
In April,the City Clerk presented a change to the Charter Commission to amend the City Charter section relating
to elections; specifically, write-in candidates. This amendment request is to create a new section in Chapter 4
(Section 33),entitled"Write-In Candidates".The intent is to add a section to the Charter requiring general election
write-in candidates to file a written request to have their votes counted with the City Clerk no later than seven days
prior to the general election. Write-in candidates that do not file with the City Clerk by this time will have their
votes counted collectively as votes for a single candidate.
The requested language and information was obtained from the City of Blaine that just passed this same
amendment to their Charter.It would translate to Chapter 4,Section 33 of our Charter(see attached recommended
Ordinance).
A significant amount of election close-out time is spent recording individual write-in candidate names.
Unfortunately, some voters think it is important to write-in their own name or favorite cartoon character in
multiple races. This amendment would eliminate the requirement to record every name, for every office,
individually. It would allow only pre-registered write-in candidates to be recorded individually.This,in no way,
deters a voter's privilege to cast a write-in vote.
The Charter Commission has held two readings on this proposed change (on April 19 and May 10, 2012). This
will allow the proper time line for the City Council to hold two readings and, if passed, the 90 days for the
amendment to go into effect and be in place for General Election this November.
The first reading of this ordinance by the City Council was held on May 14, 2012.
RECOMMENDED MOTION:Move to waive the reading of the ordinance,there being ample copies available to
the public.
RECOMMENDED MOTION: Move to adopt Ordinance No. 1607, being an ordinance amending Chapter 3,
Sections 33 and 34 of the Charter of the City of Columbia Heights.
COUNCIL ACTION:
37
ORDINANCE NO. 1607
BEING AN ORDINANCE AMENDING
CHAPTER 4,NOMINATIONS AND ELECTIONS,
SECTIONS 33 AND 34 OF THE CITY CHARTER OF THE
CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Section 1: Chapter 4, Sections 33 and 34 of the Charter of the City of Columbia Heights
which currently reads as follows, to wit:
Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the
election returns within seven days after any regular or special election, and shall make full
declaration of the results as soon as possible, and file a statement thereof with the city clerk.
This statement shall include: (a) the total number of good ballots cast; (b) the total number of
spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were
elected; (d) a true copy of the ballots used; (e)the names of the judges and clerks of election; and
(I) such other information as may seem pertinent. The city clerk shall forthwith notify all
persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011)
Section 34. PROCEDURE AT ELECTIONS. The conduct of elections shall be
regulated by ordinance, subject to the provisions of this charter and of the General Laws of
Minnesota.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in
votes to be counted in the general election must file a written request with the City Clerk no later
than seven(7) days before the general election. All write-in votes cast for candidates who have
not filed a written request to have these votes counted shall be treated collectively as votes for a
single candidate.
Section 33 34. CANVAS OF ELECTIONS. The council shall meet and canvas the
election returns within seven days after any regular or special election, and shall make full
declaration of the results as soon as possible, and file a statement thereof with the city clerk.
This statement shall include: (a) the total number of good ballots cast; (b) the total number of
spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were
elected; (d) a true copy of the ballots used; (e)the names of the judges and clerks of election; and
(0 such other information as may seem pertinent. The city clerk shall forthwith notify all
persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9, 2011)
38
Section 34. 35. PROCEDURE AT ELECTIONS. The conduct of elections shall be
regulated by ordinance, subject to the provisions of this charter and of the General Laws of
Minnesota.
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after
its passage.
First Reading: May 14, 2012
Second Reading: June 11, 2012
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk/Council Secretary
39
CITY COUNCIL LETTER
Meeting of June 11, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY:
Licenses
NO: DATE: June 6, 2012 DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for June 11, 2012 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
40
.� zo� COLUMBIA HEIGHTS Print Rental Licenses to
' ��jj FIRE DEPARTMENT approve by CC
inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421 Ph:763-706-8156-Fax:763-706-8151
10019 1052 49TH AVE NE Johnson, Richard F11732
10167 Summerlake Drive $ 150.00
Mobile, AL 36608
10020 1125 POLK PL NE Jangchup, Tsering F11785
7510 Cahil Road $ 150.00
Edina, MN 55439
10046 4254 2ND ST NE Carr, Stepanie F11849
2571 Irene ST $ 150.00
Roseville, MN 55113
10064 5038 7TH ST NE Bidler, Chris F11725
1714 Chrichhill Drive $ 150.00
South Bend, IN 46617
10199 1070 GRANDVIEW CT NE Reiners, Mark F11839
1165 Polk Place $ 150.00
Columbia Heights, MN 55421
10211 1842 41ST AVE NE Koch, Ken F11800
4042 Arthur ST NE $ 150.00
Columbia Heights, MN 55421
10240 4619 PIERCE ST NE Simonson,Ann F11780
6897 Blackduck Drive $ 150.00
Lino Lakes, MN 55014
10282 3814 GAUVITTE ST NE Quinn, Christopher F11699
546 Ashland Ave. $ 150.00
St. Paul, MN 55102
10297_A133:128 4TH ST NE Marquette, Joel F11788
4300 Reservoir Blvd $ 150.00
Columbia Heights, MN 55421
10300 4628 JOHNSON ST NE Chu, Joshua F11781
1327-66th Avenue NE $ 150.00
Fridley, MN 55432
10311 301 KATHY LN NE Bajracharya, Sabin F11819
8240 Red Oak Drive $ 150.00
Mounds View, MN 55112
06/06/2012 10:49 Page 1
41
mm*. COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
inaction Division
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151
10312 4125 7TH ST NE Warfa, Muhidin F11901
3853 Keyes Street N.E. $ 150.00
Columbia Heights, MN 55421
10323 3708 JACKSON ST NE Driver, Ken F11782
5614 Twin Lake Terrace $ 150.00
Crystal, MN 55429
10377 3804 5TH ST NE Mohamad, Mohamud F11823
3804 5TH ST NE $ 150.00
Columbia Heights, MN 55421
10381 3831 BUCHANAN ST NE Gabrick, Steve F11813
8445 Portage Lane East $ 150.00
Shakopee, MN 55379
12002 3933 ULYSSES ST NE B & B Homes, LLC F11831
3933 ULYSSES ST NE $ 150.00
Columbia Heights, MN 55421
12002 3933 ULYSSES ST NE Mevissen, Brian F11831
3933 NE ULYSSES ST $ 150.00
Columbia Heights, MN 55421
12003 5101 6TH ST NE Dostaler, Mark F11537
5101 6th Street N.E. $ 150.00
Columbia Heights, MN 55421
12072 4307 MADISON ST NE Stark, Sally F11784
4309 Madison Street $ 150.00
Columbia Heights, MN 55421
12093 4524 FILLMORE ST NE Reed, Barbara F11902
4524 Fillmore Street $ 150.00
Columbia Heights, MN 55421
12102 1233 37TH AVE NE Cotton, Cindy F11825
1233 37th Avenue $ 150.00
Columbia Heights, MN 55421
12162 4301 UNIVERSITY AVE NE Hoefs, Kathryn F11840
4301 University $ 150.00
Columbia Heights, MN 55421
06/06/2012 10:49 Page 2
42
.1&7. COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
_� Inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151
20016 3976 VAN BUREN ST NE Clem, Bryan F11771
4436 Manchester Lane $ 150.00
Mound, MN 55364
20018-NC218 42ND AVE NE Amoni, Imafidon F11499
8607 Tessman Circle N $ 150.00
Brooklyn Park, MN 55445
20024 1266 CIRCLE TERRACE BLVD NE Gutmann, Sheila F12000
4054 Birch Knoll Drive $ 150.00
White Bear Lake, MN 55110
20045 4651 TAYLOR ST NE KSR Investments, LLC F11796B
7260 Uinversity Avenue N.E. STE#340 $ 150.00
Fridley, MN 55432
20061 1162 CHEERY LN NE Shorewood Enterprises, LLC F11599
PO Box 14538 $ 150.00
Minneapolis, MN 55414
20064 4415 2 1/2 ST NE Henke, Kenneth F11705A
4429 2-1/2 Street $ 150.00
Columbia Heights, MN 55421
20066 4433 2 1/2 ST NE Henke, Kenneth F11705
4429 2-1/2 Street $ 150.00
Columbia Heights, MN 55421
20079 1319 CIRCLE TERRACE BLVD NE Agudo, Luis F11826
3847 Central Avenue $ 150.00
Columbia Heights, MN 55421
20086 1400 CIRCLE TERRACE BLVD NE Okoro, Robert F11835
8725 Stratford Crossing N. $ 150.00
Brooklyn Center, MN 55443
20092 4351 WASHINGTON ST NE Maciaszek, Rose F20092
2882 Rice Creek Terrace $ 150.00
New Brighton, MN 55112
20092 4351 WASHINGTON ST NE Ward, Tod F20092
20800 Hurley Ct. $ 150.00
Lakeville, MN 55044
06/06/2012 10:49 Page 3
43
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151
20094 4357 WASHINGTON ST NE Maciaszek, Rose F11731A
2882 Rice Creek Terrace $ 150.00
New Brighton, MN 55112
20094 4357 WASHINGTON ST NE Ward, Tod F11731A
20800 Hurley Ct. $ 150.00
Lakeville, MN 55044
20102 1100 39TH AVE NE Efterfeld, Steven F11794
18884 255th St $ 150.00
Pierz, MN 56304
20160 5101 WASHINGTON ST NE Haggerty, Mike F11824
3104 81st Ave. N. $ 150.00
Brooklyn Park, MN 55443
20163-M 4642 TAYLOR ST NE Medina, Julio F11903
1528 Monroe St NE $ 150.00
Minneapolis, MN 55413
20182 4515 FILLMORE ST NE Mujir, Ibrahim F11654
15200 Elm Rd $ 150.00
Maple Grove, MN 55311
20210 1222 45 1/2 AVE NE Olson, Nathan F11790
1076 Island Lake Ave $ 150.00
Shoreview, MN 55126
20226 1132 40TH AVE NE Bourcy, Myrna F11707
6558 Clover Place NE $ 150.00
Fridley, MN 55432
20232 5049 JACKSON ST NE Szoka, Jerzy F11580
9119 Alger Ct $ 150.00
St Paul, MN 55077
20234 1140 45TH AVE NE DMTE Enterprises F11759
8200 Humboldt Ave. S. Ste. #217 $ 150.00
Bloomington, MN 55431
20247 1739 37TH AVE NE NCI Holdings LLC F11848
P.O. Box 593 $ 150.00
Prior Lake, MN 55372
06/06/2012 10:49 Page 4
44
em�som COLUMBIA HEIGHTS Print Rental Licenses to
\ 5,/ FIRE DEPARTMENT approve by CC
\_ inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151
20290 1248 CIRCLE TERRACE BLVD NE Gutmann, Sheila F11806
4054 Birch Knoll Drive $ 150.00
White Bear Lake, MN 55110
20388 1242 CIRCLE TERRACE BLVD NE Gutmann, Sheila F11805
4054 Birch Knoll Drive $ 150.00
White Bear Lake, MN 55110
30026 3969 5TH ST NE Ft-1j, Nedim F11635
8401 Center Drive NE $248.00
Spring Lake Park, MN 55432
30043 4200 3RD ST NE Jossart, Mark F11711
5301 E. River Road STE.#101 $ 356.00
Fridley, MN 55421
30046 631 37TH AVE NE Breiland, Mark F11591
PO Box 19641 $211.00
Minneapolis, MN 55419
30074 4534 MADISON ST NE Sinchi, Luis F11566
5000 Golden Valley Road $ 160.00
Golden Valley, MN 55422-4111
30075 4544 MADISON ST NE Smith, Wilton F11698
1153 South Lee Street #152 $ 160.00
Des Plaines, IL 60016-6516
30076 4545 MADISON ST NE Madison House LLC F11651
7186 Brian Drive $ 160.00
Centerville, MN 55038
30080 3725 MAIN ST NE Dunleavy, Mark F11804
3725 Main Street N.E. Apt#4 $ 160.00
Columbia Heights, MN 55421
30136 4733 UNIVERSITY AVE NE Nielsen, Maynard F11693
7144 Riverview Terrace $ 188.00
Fridley, MN 55432
Total#of Licenses 54
06/06/2012 10:49 Page 5
45
®0s 2007 COLUMBIA HEIGHTS Print Rental Licenses to
A z FIRE DEPARTMENT approve by CC
inspection Division
825 41st Avenue N.E.-Columbia Heights,MN 55421 Ph:763-706-8156-Fax:763-706-8151
20158 4000 CLEVELAND ST NE Coghill, Dee F11302
515 Lilac Street N.E. $ 150.00
Lino Lakes, MN 55014
Total#of Licenses 1
06/06/2012 10 :49 Page 1
46
CITY COUNCIL LETTER
Meeting of June 11, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: June 6, 2012
BACKGROUND/ANALYSIS
Attached is the business license agenda for the June 11,2012 Council meeting. This agenda consists of
applications for Contractor licenses for 2012, and Peddler's Licenses.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for June 11, 2012 as presented.
COUNCIL ACTION:
47
TO CITY COUNCIL June 11, 2012
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES-2012
BLDG *Tim's Quality Plumbing 523 Central Ave, Osseo $60
*Adam's On-Time Plumbing 13791 Jonquil Lane N, Dayton $60
United Water& Sewer 7100 Northland Cir, Brk Pk $60
*Fast Eddy's Signs 448 1st Ave So., So St Paul $60
PEDDLER'S LICENSE
PD Jeffrey Maus for Berkshire Home Solutions 1700 Niagara Ln,Plymouth
Evan Lundberg for Berkshire Home. Solutions 1700 Niagara Ln, Plymouth
Samuel Gibson for Berkshire Home Solutions 1700 Niagara Ln, Plymouth
Michael Harley for Berkshire Hm Sol. 1700 Niagara Ln, Plymouth
Neil Flaherty for Berkshire Hm Sol 1700 Niagara Ln, Plymouth
John Spray for Berkshire Hm Sol 1700 Niagara Ln, Plymouth
Taylor Ostien for Berkshire Hm Sol 1700 Niagara Ln, Plymouth
48
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: June 11, 2012 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has received the list of claims paid covering check number 143736 through
143894 in the amount of$ 578,784.80.
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby,recommended for payment.
49
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: June 11, 2012
AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S
Resolutions Community Development APPROVAL
NO:
ITEM: 1st Reading of Ordinance 1608,being a BY: Jeff Sargent, City Planner BY e
Zoning Amendment as it Relates to Secondhand DATE: June 6,2012 /
Stores.
BACKGROUND:
Staff recently received a request to place a secondhand store in the City. The current ordinance allows these types of
uses as Conditional Uses as long as they are not located within 3,000 feet from another secondhand/consignment store,
pawnshop,currency exchange or precious metal dealership. Because of this regulation,staff had to inform the business
that they would not be able to locate in the building that they desired.
Being that there already exists enough uses along Central Avenue that trigger the 3,000-foot distance requirement,no
more of these similar-type uses would be able to locate along Central Avenue. The initial inquiry regarding the proposed
secondhand store enabled staff to further study the Zoning Code to determine the types of stores that would no longer be
allowed along Central Avenue. Stores such as Half Price Books,Play it Again Sports,Plato's Closet,Second Swing and
Once Upon a Child would not be allowed along Central Avenue unless an existing use triggering the 3,000-foot
requirement were to leave. The study of the Zoning Code also revealed that antique stores would be classified as
secondhand stores, and would fall into the 3,000 distance requirement as well.
At this time, Staff proposes an ordinance amendment that would allow for secondhand stores and consignment stores
along Central Avenue to not have to comply with the 3,000-foot requirement. Staff noticed that the major difference
between the above-listed secondhand stores that would no longer be allowed on Central Avenue, and the current
secondhand stores in Columbia Heights(namely,Unique Thrift and Savers),is that the above-listed stores do not rely on
donations to supply the majority of their merchandise. Most often, these types of stores will purchase the used
merchandise from someone,and only if the merchandise is in good repair. Taking this into consideration,staff proposes
to differentiate between"secondhand store" and"thrift store", with the difference being the percentage of donations
generally accepted by each type of business.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing for the request on June 5,2012. The Planning Commission
recommended approval of the Zoning Amendment with a 4-0 vote at the meeting.
RECOMMENDED MOTIONS:
MOTION: Move to waive the reading of Ordinance No. 1608,there being ample copies available to the public.
MOTION:Move to set the second reading of Ordinance No. 1608,for Monday,June 25,2012,at approximately 7:00 p.m.
in the City Council Chambers.
Attachments: Draft Ordinance 1608(1g Reading Format),P+Z Report
COUNCIL ACTION:
57
DRAFT ORDINANCE NO. 1608
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO SECONDHAND STORES WITHIN THE CITY OF COLUMBIA
HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
§ 9.103 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ANTIQUE. Work of art, furniture, decorative objects made at an earlier
period at least 30+years old.
ANTIQUE STORE. A retail establishment with more than fifty percent
(50%) of its merchandise being sold as antiques.
CONSIGNMENT STORE. A retail establishment where more than fifty
percent (50%) of the goods are placed on consignment. Consignment is the art of
placing goods in the hands of another, while still retaining ownership, until the
goods are sold.
CURRENCY EXCHANGE. Any business or person except a bank, trust
company, savings bank, savings and loans association or credit union that is
engaged in the business of cashing checks, drafts, money orders, or traveler's checks
for a fee.
SECONDHAND STORE. A retail establishment that sells previously used
merchandise, more than thirty percent (30%) of which is not donated, such as
clothing, furniture, appliances, household goods, sporting goods, books, recreational
equipment, toys or other merchandise not considered to be antique, that is in good
repair or has been restored or reconditioned to a clean and useable condition. This
definition excludes antique stores, pawnshops, thrift stores, consignment stores and
precious metal dealerships.
THRIFT STORE. A retail establishment that derives more than thirty
percent (30%) of its sales from donated, previously used merchandise such as
clothing, furniture, appliances, household goods, sporting goods, books, recreational
equipment, toys or other merchandise not considered to be antique.
58
Chapter 9, Article I, Section 9.107 (C)(14)(a) 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:
(14) Consignment/secondhand store.
nment/secondhand stores shall be identified as stores whose
primary existence is derived from more than 50% used, consigned, or secondhand
merchandise. The use shalt be located at least 3,000 feet from all existing
dealerships.
[(b)—(h) shall be renumbered accordingly.]
Chapter 9, Article I, Section 9.107 (C)(15)(a) 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:
(15) Currency exchange.
(a) The use shall be located at least 3,000 feet from all existing
currency exchanges, . . -- . . - , pawnshops, thrift stores, and
precious metal dealerships.
[(b)—(e) shall remain unchanged.]
Chapter 9, Article I, Section 9.107 (C)(37)(a) 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:
(37) Pawnshop.
59
(a) The use shall be located at least 3,000 feet from all existing
pawnshops, currency exchanges, consignment/secondhand stores thrift stores and
precious metal dealerships.
[(b)—(f) shall remain unchanged.]
Chapter 9, Article I, Section 9.107 (C)(38) 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:
(38) Precious Metal Dealership
(a) The use shall be located at least 3,000 feet from all existing
precious metal dealerships, pawnshops, currency exchanges and
consignment/secondhand stores and thrift stores.
[(b)—(f) shall remain unchanged.]
§ 9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Specific development standards. The following uses are subject to specific
development standards:
(48) Secondhand Store
(a) No more than thirty percent (30%) of the total amount of
merchandise sold in the store may come from public or private donations to the
store.
(b) Outdoor sales of merchandise may only occur as conditions of
approval for the Conditional Use Permit.
(c) All outdoor sales must comply with the regulations set forth in
this article.
[Current Sections 9.107 (48) and (49) shall be renumbered accordingly]
60
§ 9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Specific development standards. The following uses are subject to specific
development standards:
(50) Thrift Store
(a) Thrift stores shall be located at least 3,000 feet from all existing
thrift stores, precious metal dealerships, pawnshops, currency exchanges,
consignment stores.
(b) The window and door area of any existing first floor facade
along a public street or sidewalk shall not be reduced, nor shall changes be made to
such windows and doors that block views into and out of the building at eye level.
(c) For new construction, at least 30% of the first floor facade
along a public street or sidewalk shall be windows or doors of clear or lightly tinted
glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are
visible from a public street or sidewalk shall be prohibited.
(e) An appointment or set hours shall be required for the
acceptance of donated merchandise.
(f) All receipt, sorting and processing of goods shall occur within a
completely enclosed building.
(g) The premises, all adjacent streets, sidewalks and alleys, and all
sidewalks and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
[Current Sections 9.107 (50) and (51) shall be renumbered accordingly]
Chapter 9, Article I, Section 9.110 (E)(2) of the Columbia Heights City Code, is proposed
to include the following additions and deletions:
§ 9.110 COMMERCIAL DISTRICTS
(E) GB, General Business District
(2) Permitted uses. Except as specifically limited herein, the following uses
are permitted within the GB, General Business District:
61
(11) Antique shops
Chapter 9, Article I, Section 9.110 (E)(2) of the Columbia Heights City Code, is proposed
to include the following additions and deletions:
§ 9.110 COMMERCIAL DISTRICTS
(E) GB, General Business District
(3) Conditional uses. Except as specifically limited herein, the following uses
may be allowed in the GB, General Business District, subject to the regulations set forth
for conditional uses in § 9.104, Administration and Enforcement, and the regulations for
specific uses set forth in§ 9.107. Specific Development Standards:
(n) Consignmentd store.
[Current Sections 9.110 (3)(o)—9.110 (3)(t) shall remain the same]
(v) Secondhand store
(w) Thrift store
Chapter 9, Article I, Section 9.110 (F)(2) of the Columbia Heights City Code, is proposed
to include the following additions and deletions:
§ 9.110 COMMERCIAL DISTRICTS
(F) CBD, Central Business District
(2) Permitted uses. Except as specifically limited herein, the following uses
are permitted within the CBD, Central Business District:
(gg) Antique store
Chapter 9, Article I, Section 9.110 (F)(3)of the Columbia Heights City Code, is proposed
to include the following additions and deletions:
§ 9.110 COMMERCIAL DISTRICTS
(F) CBD, Central Business District
(3) Conditional uses. Except as specifically limited herein, the following uses
may be allowed in the CBD, Central Business District, subject to the regulations set forth
62
for conditional uses in § 9.104, Administration and Enforcement, and the regulations for
specific uses set forth in § 9.107. Specific Development Standards:
(g) Secondhand store
(h) Consignment store
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: June 11, 2012
Second Reading: June 25,2012
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk/Council Secretary
63
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2012-0602
DATE: June 5, 2012
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for Secondhand Stores
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
Staff recently received a request to place a secondhand store in the City. The current
ordinance allows these types of uses as Conditional Uses as long as they are not located
within 3,000 feet from another secondhand/consignment store, pawnshop, currency
exchange or precious metal dealership. Because of this regulation, staff had to inform the
business that they would not be able to locate in the building that they desired.
Being that there already exists enough uses along Central Avenue that trigger the 3,000-
foot distance requirement, no more of these similar-type uses would be able to locate along
Central Avenue. The initial inquiry regarding the proposed secondhand store enabled staff
to further study the Zoning Code to determine the types of stores that would no longer be
allowed along Central Avenue. Stores such as Half Price Books, Play it Again Sports,
Plato's Closet, Second Swing and Once Upon a Child would not be allowed along Central
Avenue unless an existing use triggering the 3,000-foot requirement were to leave. The
study of the Zoning Code also revealed that antique stores would be classified as
secondhand stores, and would fall into the 3,000 distance requirement as well.
At this time, Staff proposes an ordinance amendment that would allow for secondhand
stores and consignment stores along Central Avenue to not have to comply with the 3,000-
foot requirement. Staff noticed that the major difference between the above-listed
secondhand stores that would no longer be allowed on Central Avenue, and the current
secondhand stores in Columbia Heights (namely, Unique Thrift and Savers), is that the
above-listed stores do not rely on donations to supply the majority of their merchandise.
Most often, these types of stores will purchase the used merchandise from someone, and
only if the merchandise is in good repair. Taking this into consideration, staff proposes to
differentiate between "secondhand store" and "thrift store", with the difference being the
64
City of Columbia Heights Planning Commission June 5, 2012
City of Columbia Heights, Secondhand Stores Case # 2012-0602
percentage of donations generally accepted by each type of business.
The proposed changes to the Zoning Code include the addition of definitions for antique
store, consignment store, currency exchange, secondhand store and thrift store:
ANTIQUE. Work of art, furniture, decorative objects made at an earlier period at
least 30+ years old.
ANTIQUE STORE. A retail establishment with more than fifty percent (50%) of its
merchandise being sold as antiques.
CONSIGNMENT STORE. A retail establishment where more than fifty percent
(50%)of the goods are placed on consignment. Consignment is the art of placing goods in
the hands of another, while still retaining ownership, until the goods are sold.
CURRENCY EXCHANGE. Any business or person except a bank, trust company,
savings bank, savings and loans association or credit union that is engaged in the business
of cashing checks, drafts, money orders, or traveler's checks for a fee.
SECONDHAND STORE. A retail establishment that sells previously used
merchandise, more than thirty percent (30%) of which is not donated, such as clothing,
furniture, appliances, household goods, sporting goods, books, recreational equipment,
toys or other merchandise not considered to be antique, that is in good repair or has been
restored or reconditioned to a clean and useable condition. This definition excludes antique
stores, pawnshops, thrift stores, consignment stores and precious metal dealerships.
THRIFT STORE. A retail establishment that derives more than thirty percent(30%)
of its sales from donated, previously used merchandise such as clothing, furniture,
appliances, household goods, sporting goods, books, recreational equipment,toys or other
merchandise not considered to be antique.
Other changes include allowing antique stores as permitted uses in the GB, General
Business District and the CBD, Central Business District, and allowing secondhand stores,
without the 3,000-foot separation requirement, as a Conditional Use in the GB, General
Business District and the CBD, Central Business District.
COMPREHENSIVE PLAN
One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable
commercial areas within the community, and to promote reinvestment in properties by the
commercial and industrial sectors. Allowing secondhand stores without the 3,000-foot
separation requirement would strengthen the viable commercial areas in the City.
FINDINGS OF FACT
Page 2
65
City of Columbia Heights Planning Commission June 5, 2012
City of Columbia Heights, Secondhand Stores Case # 2012-0602
Section 9.104 (F)of the Columbia Heights zoning code requires that the City Council make
each of the following four findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive Plan is to preserve and enhance the
existing viable commercial areas within the community, and to promote
reinvestment in properties by the commercial and industrial sectors. Allowing
secondhand stores without the 3,000-foot separation requirement would
strengthen the viable commercial areas in the City.
2. The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed amendment would apply to all commercial districts throughout the
City.
3. Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of property
within the general area of the property in question are compatible with the
proposed zoning classification.
The amendment would not change the zoning classification of a particular property.
4. Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in the current zoning classification.
The amendment would not change the zoning classification of a particular property.
RECOMMENDATION
Motion: That the Planning Commission recommends that the City Council approve the
proposed zoning amendment.
Attachments
• Draft zoning ordinance
Page 3
66