HomeMy WebLinkAbout09/10/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor
Gary L.Peterson
590 40th Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers
Visit our website at:www.ci.cohnnbiia-leeigltts.mn.us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Mana'er
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, September 10, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E.,
Columbia Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for 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 Dan Thompson, Columbia Heights Assembly of God Church
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. Proclamation - Patriot's Day p5
B. Constitution Week - Sandy Connor- Daughters of the American Revolution p6
C. Introduction Senior Citizens Coordinator- Delynn Mulligan.
D. Introduction - Tori Leonhardt, City Clerk
E. Recognition - Karen Moeller
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 August 27, 2012 City Council meeting. p7
MOTION: Move to approve minutes of the August 27, 2012 City Council meeting.
B. Accept Board and Commission meeting minutes
MOTION: Move to accept the July 19 minutes of the Charter Commission. p13
MOTION: Move to accept the August 8, 2012 minutes of the Planning and Zoning Commission. p14
MOTION: Move to accept the September 5, 2012 minutes of the Planning and Zoning p21
Commission.
C. Approve Business License Applications
2 p32
City Council Agenda
Monday,September 10,2012
Page 2 of 3
MOTION: Move to approve the items as listed on the business license agenda for September 10,
2012 as presented.
D. Review payment of the bills p34
MOTION: Move that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has
received the list of claims paid covering check number 144874 through 145047 in the amount of
$673,724.41.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolution 2012-108, 2215 45th Avenue N.E., being a Resolution of the City Council of p42
the City of Columbia Heights Approving Rental License Revocation for Failure to Meet the
Requirements of the Property Maintenance Codes
MOTION: Move to close the public hearing and to waive the reading of Resolution Number
2012-108 being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2012-108 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 license listed.
B. Adopt Resolution 2012-112 being Resolution for the Approval of a third accessory structure p45
located at 3918 Ulysses St NE.
MOTION: Move to waive the reading of Resolution 2012-112, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2012-112, approving the third accessory structure for
the property located at 3918 Ulysses St NE, subject to the conditions outlined in Resolution No.
2012-112.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. 1st Reading of Ordinance 1609, being a Zoning Amendment as it Relates to Temporary Signs. p57
MOTION: Move to waive the reading of Ordinance No. 1609,there being ample copies
available to the public.
MOTION: Move to set the second reading of Ordinance No. 1609, for Monday, September 24,
2012, at approximately 7:00 p.m. in the City Council Chambers.
2. Adopt Resolution 2012-111, being a resolution adopting a 2013 proposed budget, setting the p62
proposed City levy, approving the HRA levy, and establishing a budget hearing date for property
taxes payable in 2013.
MOTION: Move to waive the reading of Resolution 2012-111,there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2012-111, being a resolution adopting a 2013 proposed
budget, setting the General, Library, and EDA proposed levy, establishing a budget hearing date
for property taxes payable in 2013 of December 10,2012 at approximately 7:00 p.m. in the City
Council Chambers, and approving the HRA levy.
3
City Council Agenda
Monday, September 10,2012
Page 3 of 3
B. Bid Considerations
C. New Business and Reports
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
PROCLAMATION
HONOR THE HEROES - PATRIOT DAY
WHEREAS, Patriot Day is a time to remind us of the debt we owe to the men and
women who risked their lives and those that gave their lives in the line of duty, and
WHEREAS, on September 11, 2001 America was attacked by terrorists who hijacked
commercial airplanes with innocent passengers on board,using the planes as missiles
to kill as many people as possible. Such hatred toward ordinary American Citizens is
hard for us to understand. That day, September 11, 2001, has become another"date
that will live in infamy", like December 7, 1941 when Pearl Harbor was attacked and
plunged America into World War II, and
WHEREAS, it is essential that when it comes to the defense of our people,we remain
vigilant and avoid complacency. We must continue to work with other peace-loving
people to seek out terrorists and those that support and shield them, to eradicate the
evil of terrorism, and
WHEREAS, we support our Armed Forces, as well as our Police Officers, Fire
Fighters, and Emergency Medical Technicians and appreciate their daily service to all
of us. This unselfish service was well exemplified in the 9/11 attacks where these fine
people risked, and even lost, their own lives helping and rescuing others. It is therefore
fitting and proper that we set this special commemoration in September to honor our
heroes who preserve and protect our freedoms, and
WE THEREFORE,recommend that this Proclamation be widely publicized to
promote the commemoration ceremonies and recommend more active citizen
participation to show our support in the honoring of our Heroes past and present.
NOW THEREFORE BE IT RESOLVED that I, Mayor Gary L. Peterson proclaim
Thursday, September 20, 2012 as
"Honor the Heroes/Patriot Day
Mayor Gary L. Peterson
5
PROCLAMATION
CONSTITUTION WEEK
WHEREAS: The Constitution of the United States of America, the guardian of our liberties,
embodies the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS: September 17, 2012,marks the two hundred twenty-fifth anniversary of the
framing of the Constitution of the United States of America by the Constitutional Convention;
and
WHEREAS: It is fitting and proper to accord official recognition to this magnificent document
and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and
WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as Constitution
Week,
NOW, THEREFORE I, Gary L. Peterson by virtue of the authority vested in me as Mayor of
the City of Columbia Heights, do hereby proclaim the week of September 17 through 23 as
CONSTITUTION WEEK
and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by
vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the (State or
City) to be affixed this 10th day of September of the year of our Lord two thousand and twelve.
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz CMC City Clerk
6
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY,AUGUST 27,2012
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
August 27, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Rev. Bob Lyndes, Crest View Communities, gave the Invocation.
Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member
Diehm, Council member Schmitt
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Peterson removed Resolutions No. 2012-106 and 2012-107 in that the properties have come into
compliance.
Motion by Nawrocki to add Council Corner to the agenda. Peterson stated this has been addressed
and discussed previously. Motion died for lack of a second.
Nawrocki indicated he will discuss the budget and the newsletter under the City Manager's report.
PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS
A. National runner-up -Young Authors' Showcase: Pakue Vang—poetry
Peterson introduced Pakue Vang,the 2nd runner up in the International Young Artist's Poetry
Showcase. He read the congratulations letter from the National Sister Cities Committee. Vang
read her winning poem. She graduated last year and will attend the U of M in pharmacy.
Peterson stated our pride in her.
B. Retirement-Blaine Muyres, Police Reserve volunteer
Police Chief Scott Nadeau indicated that current staff,retired staff, staff from other police
departments, and fellow reserve officers were present to support Blaine Muyres. Nadeau
indicated the duties of a reserve officer and indicated that Blaine is an outstanding member of
our unit. He is retiring after 21 years of service.Nadeau listed some of his accomplishments
while under the service of the City of Columbia Heights. Muyres has helped us gain trust in this
community.Nadeau stated he will be very much missed and presented him with a plaque.
Muyres thanked everyone and stated that it has been an honor to serve this City. He indicated his
appreciation for the Council's support of the police reserves. He stated that this service has made
him a better probation officer.
Nawrocki asked how many reserve officers we have. Captain Lenny Austin stated there are 17
members. Peterson stated his appreciation for those that serve. Fehst pointed out that in the
audience is Charles Tyler, who was also a police reserve for 10 years.
Schmitt informed the public of the upcoming SACA Rock Legend fundraiser on September 14th.
Peterson asked for information on the Library Foundation fundraiser. Pat Sowada indicated that
they will have a spaghetti dinner fundraiser on September 12 at 4:30p.m. at Murzyn Hall.
7
City Council Minutes
Monday,August 27,2012
Page 2 of 6
Peterson stated there will also be a Sister City benefit on October 21'with an orchestra. The
food will be provided by Jeff's, Bobby and Steve's Auto World.
CONSENT AGENDA
City Manager Walt Fehst took Council members through the Consent Agenda items:
A. Approve minutes of the City Council meetings
Motion to approve the August 13, 2012 City Council meeting minutes.
Motion to approve the August 17, 2012 City Council Primary Canvass meeting minutes.
B. Approve Transfer of Funds for Grant Reimbursement, Overtime Details and miscellaneous items
from General Fund to Police Department line items
Motion to transfer the following from the General Fund to the Police Department 2012 Budget:
$3,146.65,the amount of money received from Coon Rapids, the grant administrator for the
Safe and Sober program; $2,000, the amount of money received from Anoka County as partial
reimbursement for the department's AHDTF Officer; and $4,203, received from School District
#13 for security and traffic enforcement details be transferred to line item 1020, Overtime,
And that the $5,025.00 received as reimbursement under the JAG grant be transferred to line
item 1023, Overtime Other,
And that the$370 received from the recycling of spent brass shell casings recovered from the
range be transferred to line item 2070, Training and Instructional Supplies,
And that the$8,966.42 received from the Minnesota POST board as reimbursement for
police officer education expenses be transferred to line item 3105, Training and Educational
Activities.
C. Approval of the issuance of rental license to Fred Silla, at 4344 2nd Street N.E.
Motion to issue a rental housing license to Fred Silla to operate the rental property located at
4344 2nd Street N.E. in that the provisions of the Property Maintenance Code have been met.
D. Approve transfer of funds from the Minnesota Board of Firefighter Training and Education and
the Emergency Services Regulatory Board from the General Fund to the Fire Department 2012
budget.
Motion to transfer$1,823.78, the amount received from the Minnesota Board of Firefighter
Training and Education and $14,000.00, the amount received from the Emergency Services
Regulatory Board from the General Fund to line item#3105 of the Fire Department 2012 budget.
E. Approval of the attached list of rental housing licenses
Motion to approve the items listed for rental housing license applications for August 27, 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 August 27, 2012 as
presented.
G. 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 144693 through 144873 in the amount of
$506,368.08.
Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Upon vote: All
8
City Council Minutes
Monday,August 27,2012
Page 3 of 6
ayes. Motion carried.
6. PUBLIC HEARINGS
A. Adopt Resolutions 2012-105, 981 43-1/2 Avenue N.E.,2012-106, 1000 Peters Place N.E., 2012-
107, 3849 Edgemoor Place N.E., 2012-108, 2215 45th Avenue N.E., and 2012-109, 3732 3rd
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 indicated violations for each property revocation request. Resolutions
2012-106 and 107 were removed, as they have been brought into compliance.
Nawrocki stated he had asked to receive a call on revocation properties that come into
compliance prior to the meeting. He did receive a call and stated his appreciation for this.
Kuma Kamran, 2215 45th Avenue, stated that some items had not been fixed because the tenant
was not available. Gorman stated there are exterior items remaining. Diehm suggested we move
forward with the revocation and allow staff to make the final determination. Gorman suggested
tabling this item.
Motion by Williams, second by Nawrocki, to table Resolution 2012-108, 2215 45th Avenue for
re-inspection. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Nawrocki,to close the public hearing and to waive the reading of
Resolution Numbers 2012-105, and 109 being ample copies available to the public. Upon vote:
All ayes. Motion carried.
Motion by Diehm, second by Schmitt to adopt Resolution Numbers 2012-105, and 109 being
Resolutions 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.
B. Adopt Resolution 2012-110, 4054 2nd Street being a declaration of nuisance and abatement of
violations within the City of Columbia Heights.
Gorman indicated the items for abatement. The owner wanted to remove the garage until they
learned they would need to replace it. Gorman asked for approval to abate, but indicated they
will continue to work with the owner.
Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading
of Resolution Number 2012-110 there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Williams, second by Nawrocki, to adopt Resolution Number 2012-110 being a
resolution of the City Council of the City of Columbia Heights declaring the property listed a
nuisance and approving the abatement of violations from the property pursuant to City Code
section 8.206. Upon vote: All ayes. Motion carried.
ITEMS FOR CONSIDERATION-none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated that council received the proposed 2012 budget and this would be on the Tuesday,
September 4 work session for discussion. Fehst referred to the Council's five year budget plan. This
9
City Council Minutes
Monday,August 27,2012
Page 4 of 6
is the fourth year of the plan. Fehst referred to unpaid furloughs and working with the loss of Local
Government Aid from$2.7 million to $900,000. Fehst explained the reworking of fiscal disparities.
In 2012 there was an increase due to industrial taxes, but virtually all residential taxes were reduced
by 4.5 to 5%. The assessed market value in Columbia Heights took less of a hit than in other parts of
the County. This plan recommends a 3.36% increase,based on the budget we are submitting. We
have frozen wages for the last several years. This will be discussed this at the next work session and
budget work session dates will be set. We will have a presentation and have department heads
present to answer questions.
Nawrocki stated his disappointment on receiving the budget as the newsletter indicated this would be
received last week. He referred to the revenue from the State, which was not reduced as anticipated.
Nawrocki stated that next year, he believes, LGA will stay the same. He referred to foreclosures in
the community and the tough times people are going through. He stated he will be looking for
budget reductions. The preliminary newsletter spoke of the budget, but he asked that it include
utility rate increase information, which it did not include.
He referred to the hiring of a City Clerk and the expectation that she would be the Council Secretary.
He stated that he spoke to Tori Leonhardt and did some checking on her and indicated his feeling
that she would be an excellent secretary. City Clerk Patty Muscovitz indicated that Tori will be the
new and improved City Clerk. Nawrocki complimented Muscovitz on her service to the City. He
stated that Leonhardt does not need to attend the next work session.
Report of the City Attorney—nothing to report
CITIZENS FORUM
Peterson stated appreciation for Nawrocki's words regarding Muscovitz and Leonhardt. He also
complimented Muscovitz and stated his confidence that Leonhardt will do a good job.
Nawrocki asked when the next work session would be held. Fehst stated Tuesday, September 4, 2012
at 7:00 p.m. Nawrocki indicated his desire that all Council members be contacted for their ability to
attend special meetings prior to them being set.
Peterson stated: Don't forget our service men and women. They are doing a great thing for us. He
stated his respect for those that serve our country. Peterson indicated that has attended some of the
394th Airborne deployments and rode on a C130 training mission with them. He indicated that he has
received an invitation to fly to South Carolina for a tour with them next week. He will pay for it
himself and will attend.
Peterson stated: Don't take ourselves too seriously and do a random act of kindness.
ADJOURNMENT
Peterson adjourned the meeting at 7:50 p.m.
Patricia Muscovitz CMC City Clerk
10
City Council Minutes
Monday,August 27,2012
Page 5 of 6
RESOLUTION 2012-105
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter
5A,Article IV, Section 5A.408(A)of that certain residential rental license held by Shah Khan(Hereinafter"License
Holder").
Whereas,license holder is the legal owner of the real property located at 981 43-1/2 Avenue NE,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 July 10,2012 of an public
hearing to be held on August 27,2012.
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 29,2012 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 July 10,2012 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 August 15,2012 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:
a. Shall replace the damaged glass on the west side, 1st floor window
b. Shall not block open fire doors;laundry room,hallway
c. Shall remove all combustible materials storage from the;laundry room,boiler room
d. Shall replace all missing buttons for the doorbell systems
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 F11961 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 2012-109
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter
5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Brookline Enterprises,LLC
(Hereinafter"License Holder").
Whereas,license holder is the legal owner of the real property located at 3732 3rd Street 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 August 9,2012 of an
public hearing to be held on August 27,2012
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 or about June 15,2012 inspection office staff sent a letter requesting the owner of the property submit
the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in
the property records.
2. That on August 8,2012 inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's
Residential Maintenance Code were found to exist,to-wit:
11
City Council Minutes
Monday,August 27,2012
Page 6 of 6
a. Failure to submit renewal rental license application and fees
b. Failure to schedule renewal interior inspection
4. That all parties,including the License Holder and any occupants or tenants,have been given the appropriate
notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F11183 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 2012-110
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 Federal
National Mortgage Association (Hereinafter"Owner of Record").
Whereas,the owner of record is the legal owner of the real property located at 4054 2nd 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
July 31,2012.
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 April 19,2012 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on July 31,2012 inspectors reinspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
3. That on August 15,2012 inspectors reinspected the property and found that violations remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s)were
found to exist,to wit:
A. Shall replace the roof on garage
B. Shall scrape and paint wherever there is peeling paint on the structure
C. Shall install address numbers in the following location(s),front
5. That all parties,including the owner of record and any occupants or tenants,have been given the appropriate notice
of this hearing according to the provisions of the City Code Section 8.206(A)and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4054 2nd 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 4054 2nd 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.
12
MINUTES OF THE CHARTER COMMISSION
THURSDAY,JULY 19,2012
7:00 P.M.
CITY HALL
CONFERENCE ROOM 1
COLUMBIA HEIGHTS
Call to Order
The meeting was called to order by President Steve Smith at 7:02 p.m.
Roll Call
Members present: Matt Abel,Jeff Diehm, Roger Johnson, Carolyn Laine, Michael Patiuk(7:04 p.m.),
Nicholas Rivers (7:09 p.m.), Greg Sloat, Stephen Smith, Charles Tyler, Tim Utz
Members absent and excused: Lee Bak,Nancy King
Members absent and unexcused: Nick Jentsch, Katherine Pepple
Also present: City Attorney Jim Hoeft; Council Liaison Tami Diehm; Recording Secretary
Carole Blowers
Approval of Tonight's Agenda
Motion was made, seconded, and unanimously approved to accept tonight's agenda as presented.
Approval of Charter Commission Minutes of May 10, 2012
Motion was made, seconded, and unanimously approved to approve the minutes of May 10, 2012, as
presented.
Status of Membership
President Smith stated we have one vacancy. The Recording Secretary advised him that the Chief Judge
has not appointed anyone to fill that vacancy yet.
Correspondence
The Recording Secretary read the correspondence log since the special meeting in May.
Old Business
Status of Ordinance Amending Chapter 4
As the Recording Secretary stated in her correspondence report,the first reading was held on May 14,
and the second reading was held on May 29. As not all council members were in attendance at the May
29 council meeting, another reading was held on June 11. On June 11, the city council passed the
ordinance amending Chapter 4 regarding elections, and this ordinance will become effective in 90 days.
New Business
The Recording Secretary passed out the revised "Rules"reflecting the changes the commission made to
them at the special meeting of May, 2012.
Barbara Gertsema, a former Charter Commission member, advised the Recording Secretary that she is
doing well and greets everyone on the commission. Barbara left the commission some years ago due to
health issues.
Adjournment
Motion was made and seconded to adjourn the meeting at 7:10 p.m.
Respectfully submitted,
Carole J. Blowers
Recording Secretary for the Charter Commission
13
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
AUGUST 8,2012 7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Fiorendino, Kinney, Peterson,Little, and Szurek.
Also present were Council Liaison(Bobby Williams), Jeff Sargent(City Planner), and Shelley
Hanson(Secretary).
Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of July
10, 2012. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2012-0801
APPLICANT: Columbia Heights Market Place
LOCATION: 4915 Central Avenue
REQUEST: Site Plan Review
Sargent explained that at this time, the applicant is requesting a Site Plan Approval for the
construction of a new façade for the Columbia Heights Market Place located at 4915 Central
Avenue NE. This property is located within the Design Guidelines Highway District and
requires a Site Plan Review in order to ensure compliance with the Design Guidelines.
ZONING ORDINANCE
The property located at 4915 Central Avenue is zoned GB, General Business District, as are the
properties to the north, south and west. The properties to the east are zoned R-2A and R-2B,
One and Two Family Residential.
DESIGN GUIDELINES.
The applicant is proposing a completely new design for the front of the building. He would like
to get rid of the existing mansard roof facade and incorporate a new building face that is more
consistent with the newer buildings in the area. Design elements include differences in
elevations along the new roof line and the use of different building materials. The proposed
project is consistent with the Design Guidelines.
SIGNAGE.
All signage on the building is considered legally nonconforming in terms of size and type of
signage being used. The proposed plans indicate that the building will incorporate only 177
square feet of signage, but would be allowed up to 200 square feet of signage if changes are to be
made. Any new signage will have to be approved through the Sign Permit process prior to
installation onto the building.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Replacing the existing façade with a
new one is consistent with the intent of the Comprehensive Plan.
14
P & Z Minutes
Page 2
August 8, 2012
FINDINGS OF FACT(Site Plan)
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in
order for the City to approve a site plan. They are as follows:
a) The site plan conforms to all applicable requirements of this article.
The site plan meets all applicable Design Guidelines for the property.
b) The site plan is consistent with the applicable provisions of the city's Comprehensive
Plan.
The Comprehensive Plan guides this area as Commercial. Replacing the existing facade
with a new one is consistent with the intent of the Comprehensive Plan.
c) The site plan is consistent with any applicable area plan.
There is no area plan for this portion of the city.
d) The site plan minimizes any adverse impacts on property in the immediate vicinity
and the public right-of-way.
The proposed site plan does not incorporate the expansion of the building, and this will
have no impact on property in the immediate vicinity and the public right-of-way.
Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive
Plan and will greatly upgrade the appearance of the building, enhancing the image of the Central
Avenue corridor with the following conditions:
1. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
2. Any new signage incorporated into the building shall be approved through the Sign
Permit process.
Questions from Members:
Kinney asked if this Site Plan Review would trigger the minimum building height to be required.
Sargent stated that it doesn't because this building is a non-conforming building that is
grandfathered in in regards to the height. Since they are just changing the top facade of the
building it would not trigger require them to meet the 22 foot requirement of the Design
Guidelines. Kinney stated she otherwise likes the plan and the materials they will be using. She
thought it would blend nicely with some of the other new buildings nearby.
Peterson asked if a new business comes into the center if the signage would be affected. Sargent
said this proposal is for the design of the front facade only which is improving the existing
design of the building. They are limited to a certain square footage of signage, and that is up to
the owners and tenants to work out amongst themselves no matter who occupies the spaces.
Szurek asked if the doors and windows of the individual businesses would be upgraded also as
part of this project. She said several of the spaces still have their original doors and windows
15
P &Z Minutes
Page 3
August 8, 2012
and it will become very apparent once the facade work is complete. Sargent responded that was
not part of this project being reviewed.
Fiorendino asked if the building permit process would trigger them to upgrade the doors and
windows. Sargent said the inspector would only be looking at the new work that relates to the
permit. The only way he can look at anything else is if something hazardous if obvious, and he
doesn't think that is the case.
Public Hearing Opened.
John Boveri, Property Manager from Affiliated Realty, and Paul Kuchar the Project Manager,
told members that replacement of the doors and windows is not part of this project due to
budgetary constraints. Sometimes tenants will pay for that work themselves when it becomes
obvious that it would improve the appearance of their space. He said several of the businesses in
the center have already done this work, but others such as Insty Prints and Heights Bakery have
not. As it stands, if the tenants do not wish to pay for this additional work at this time, it will
have to wait until funds are available by the owner.
Szurek again stated she thought it would be very obvious once the parapet is re-done.
Public Hearing Closed.
Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2011-PZ05,
there being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Fiorendino, seconded by Peterson, to adopt Resolution No. 2011-PZ05, being a
resolution approving a site plan for a remodel of the Columbia Heights Market Place located at
4915 Central Avenue NE. All ayes. MOTION PASSED.
RESOLUTION NO.2012-PZ05
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE
PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUIDLING LOCATED AT
4915 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA
WHEREAS, a proposal (Case#2012-0801)has been submitted by Affiliated Realty, to the Planning and
Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following
site:
ADDRESS: 4915 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of a new façade for the building located at 4915 Central Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
August 8,2012;
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
16
P&Z Minutes
Page 4
August 8,2012
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 site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-of-way.
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. All application materials,maps, drawings and descriptive information shall become part of the
permit.
2. Any new signage incorporated into the building shall be approved through the Sign Permit
process.
Offered by: Fiorendino- Seconded by: Peterson - Roll Call: ALL AYES
CASE NUMBER: 2012-0802
APPLICANT: Family Dollar/Brian Fabo
LOCATION: 5220 Central Avenue NE
REQUEST: Site Plan Approval for New Facade
Sargent stated the applicant is requesting a Site Plan Approval for the construction of a new
façade for the new Family Dollar store located at 5220 Central Avenue NE. This property is
located within the Design Guidelines Highway District and requires a Site Plan Review in order
to ensure compliance with the Design Guidelines.
ZONING ORDINANCE
The property located at 5220 Central Avenue is zoned GB, General Business District, as are the
properties to the north, south and east. The properties to the west are zoned R-2A and R-2B,
One and Two Family Residential.
PARKING.
The building is approximately 8,300 square feet in area. The City Code requires 1 parking space
for each 300 square feet of retail space, requiring a minimum of 25 parking stalls on site. The
site currently has 46 parking stalls, exceeding the City's minimum requirements.
DESIGN GUIDELINES.
The previous use of the property was for a Blockbuster Video store. The applicant would like to
remove the blue awning associated with Blockbuster and replace it with a color scheme
consistent with Family Dollar, namely a two-toned tan brick building with a red roof. The
proposed color scheme is consistent with the Design Guidelines.
SIGNAGE.
17
P &Z Minutes
Page 5
August 8, 2012
Any new signage will have to be approved through the Sign Permit process prior to installation
onto the building.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Replacing the existing facade with a
new one is consistent with the intent of the Comprehensive Plan.
FINDINGS OF FACT(Site Plan)
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in
order for the City to approve a site plan. They are as follows:
a) The site plan conforms to all applicable requirements of this article.
The site plan meets all applicable Design Guidelines for the property.
b) The site plan is consistent with the applicable provisions of the city's Comprehensive
Plan.
The Comprehensive Plan guides this area as Commercial. Replacing the existing facade
with a new one is consistent with the intent of the Comprehensive Plan.
c) The site plan is consistent with any applicable area plan.
There is no area plan for this portion of the city.
d) The site plan minimizes any adverse impacts on property in the immediate vicinity and
the public right-of-way.
The proposed site plan does not incorporate the expansion of the building, and this will
have no impact on property in the immediate vicinity and the public right-of-way.
Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive
Plan and will severely upgrade the appearance of the building, enhancing the image of the
Central Avenue corridor with the following conditions:
1. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
2. Any new signage incorporated into the building shall be approved through the Sign
Permit process.
Sargent told members he had received a call from someone who had received a notice and they
had inquired whether the site had enough parking spaces for this type of use. Sargent said the
parking analysis indicates they exceed the requirements.
Questions from members:
Kinney asked how the new facade would cover the mechanical equipment on the roof. Sargent
said that when that equipment is replaced it will need to be screened and a fence around the
equipment is enough to satisfy the requirement. The facade does not have to cover that
equipment.
18
P &Z Minutes
Page 6
August 8, 2012
Fiorendino asked if all new materials would be installed or if the existing would just be painted
to the new color. Sargent believes they will just be painting the current materials.
Little asked if this store would be replacing the present location at 40th and Central. Sargent said
he has asked that question but has not received a clear answer on that. Little then asked if there
are any landscaping requirements due to the change in tenants since the site is pretty barren, and
plain. Sargent said a tenant change does not require landscaping modifications, only new
development would.
Public Hearing Opened.
No one was present to speak on this issue.
Public Hearing Closed.
Motion by Kinney, seconded by Fiorendino, to waive the reading of Resolution No. 2011-PZ06,
there being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Kinney, seconded by Little, to adopt Resolution No. 2011-PZ06, being a resolution
approving a site plan for a new facade for the Family Dollar store located at 5220 Central
Avenue NE. All ayes. MOTION PASSED.
RESOLUTION NO.2012-PZ06
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE
PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUIDLING LOCATED AT
5220 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA
WHEREAS, a proposal (Case #2012-0802) has been submitted by Brian Fabo, to the Planning and
Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following
site:
ADDRESS: 5220 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of a new façade for the building located at 5220 Central Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
August 8,2012;
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 site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
19
P&Z Minutes
Page 7
August 8,2012
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
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. All application materials, maps, drawings and descriptive information shall become part of
the permit.
2. Any new signage incorporated into the building shall be approved through the Sign Permit
process.
Offered by: Kinney - Seconded by: Little Roll Call: All ayes
NEW BUSINESS
No other new business.
OTHER BUSINESS
Sargent told members they will be serving as a Board of Appeals and Adjustment at a Hearing
that is scheduled for August 21, 2012. He reviewed the process with the members. The Board
will need to render a decision in regards to action taken by Staff in interpreting City Codes. Staff
will present the facts to the Board but will not be making any recommendation on the matter
since the Board will be judging whether the correct action was taken. Sargent told members they
will get a packet ahead of time to review. The applicant has been informed of the date and that
he can include any information he wants the Board to see in the packet. Sargent explained that
the City Attorney, the Fire Chief, and the Building Official will all be present to answer any
questions the Board has.
The meeting was adjourned at 7:40 pm.
Respectfully submitted,
Shelley Hanson
Secretary
20
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
SEPTEMBER 5,2012 7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Fiorendino, Kinney, Peterson, and Szurek
Members Absent- Little
Also present were Council Liaison(Bobby Williams), Jeff Sargent (City Planner), and Shelley
Hanson(Secretary).
Motion by Peterson, seconded by Kinney, to approve the minutes from the meeting of August 8,
2012. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2012-0901
APPLICANT: Financial One/Powerfully Green
LOCATION: 843—40th Avenue NE
REQUEST: Site Plan Approval for a Solar Carport
Sargent explained that the applicant is requesting a Site Plan Approval for the construction of a
solar carport for the Financial One business located at 843—40th Avenue NE. This property is
located within the Design Guidelines 40th Avenue District and requires a Site Plan Review in
order to ensure compliance with the Design Guidelines.
The property currently has uncovered, on-site parking. The applicant would like to be able to
incorporate a solar-collecting carport onto the property that both covers parked cars and collects
renewable energy. The solar energy collection carport has the option of providing car-charging
stations as well, being the first of its kind in the metropolitan area.
ZONING ORDINANCE
The property located at 843 —40th Avenue is zoned CBD, Central Business District, as are the
properties to the south, east and west. The properties to the north are zoned R-3, Multiple
Family Residential.
ACCESSORY STRUCTURES.
By definition, the proposed carport is an accessory structure. The Zoning Code does not specify
a maximum size for accessory structures in the CBD, Central Business District. The Zoning
Code also states that all non-residential accessory structures shall be subject to the same setback
regulations as a principal structure in which it is located. The CBD allows for buildings to be
located directly on the front and side property lines. The front lot line of this property is that lot
line adjacent to Van Buren Street. The proposed location of the carport indicates consistency
with the Zoning Code.
DESIGN GUIDELINES.
No changes to the principal structure will be occurring. The proposed carport incorporates solar
panels mounted on a steel support structure, acting as a canopy for parked cars. The Design
Guidelines do not specifically regulate this type of structure because it is not enclosed. For this
reason, the proposal meets the minimum standards of the Code.
21
Planning&Zoning Minutes
Page 2
September 5, 2012
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. The proposed Site Plan adds to the
commercial aspect of the property and is consistent with the Comprehensive Plan.
FINDINGS OF FACT (Site Plan)
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in
order for the City to approve a site plan. They are as follows:
a) The site plan conforms to all applicable requirements of this article.
The site plan meets all applicable Design Guidelines for the property.
b) The site plan is consistent with the applicable provisions of the city's Comprehensive
Plan.
The Comprehensive Plan guides this area as Commercial. The proposed Site Plan adds
to the commercial aspect of the property and is consistent with the Comprehensive Plan.
c) The site plan is consistent with any applicable area plan.
There is no area plan for this portion of the city.
d) The site plan minimizes any adverse impacts on property in the immediate vicinity
and the public right-of-way.
The proposed structure meets all setback requirements, and thus minimizes all adverse
impacts on property in the immediate vicinity and public right-of-way.
Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive
Plan with the following conditions:
1. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
2. The applicant shall obtain a building permit prior to construction of the carport.
Questions from members:
A representative from Financial One was present to answer questions and so was a representative
from Powerfully Green(the company installing the solar carport).
Szurek asked what the energy would be used for? She wondered if it would be used just to plug
in cars or if it would supply the business with power. A representative from Financial One stated
that it should supply about half of the power they need to operate their business. He explained
that there will not be a storage facility on site, and if there is surplus of power, they may sell it to
the power company for public use.
Kinney questioned whether the carport would be used strictly for their private use or if the
parking area with power would be open to the public. The representative said they may sell
some of the power to the public in the future if someone wishes to pay for a spot to plug in their
car to recharge it,but for the present time it will be used by employees and customers. Sargent
explained that since this property is in the CBD,no on-site parking is required to operate the
business, and therefore, the City would not regulate how the spaces are used.
The height of the solar panels was discussed. It was noted that the carport will be about 15 feet,
22
Planning&Zoning Minutes
Page 3
September 5, 2012
11 inches in height. Members questioned whether it would have an impact on the neighboring
property to the north. Sargent stated that it meets the maximum height allowance of 18 feet. He
said it may cast a shadow but the panel itself would not go over the property line. Peterson
wondered if there would be a glare off the panels. Sargent said he didn't think so due to the
height of the panels and the fact they will be angled away from the property to the north.
Public Hearing Opened:
No one had anything further to say on this issue.
Public Hearing Closed.
Motion by Peterson, seconded by Fiorendino, to waive the reading of Resolution No. 2012-PZ07,
there being ample copies available to the public.All ayes. MOTION PASSED.
Motion by Peterson, seconded by Fiorendino, to adopt Resolution No. 2012-PZ07, being a
resolution approving a site plan for a new solar collecting carport for Financial One located at
843—40`h Avenue NE. All ayes. MOTION PASSED.
RESOLUTION NO.2012-PZ07
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN
FOR THE CONSTRUCTION OF A SOLAR CARPORT FOR THE BUIDLING LOCATED AT 843—
40TH AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA
WHEREAS, a proposal (Case #2012-0901) has been submitted by Financial One, to the Planning and
Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following
site:
ADDRESS: 843—40`x'Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of a new solar carport located at 843—406 Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
September 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 site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-of-way.
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.
23
Planning&Zoning Minutes
Page 4
September 5,2012
CONDITIONS ATTACHED:
1. All application materials, maps, drawings and descriptive information shall become part of
the permit.
2. The applicant shall obtain a building permit prior to construction of the carport.
Passed this 5th day of September,2012,
CASE NUMBER: 2012-0902
APPLICANT: Steven Maas
LOCATION: 3918 Ulysses Street NE
REQUEST: A Variance for a Third Accessory Structure
Sargent told members that the applicant is requesting a variance per Code Section 9.106
(C)(1)(a) in order to retain a third accessory structure on his property located at 3918 Ulysses
Street NE. The applicant currently has a detached garage and a storage shed on his property.
Just recently, he has constructed a 24' x 10' kennel to house his cats. City Staff learned about
the construction because of a neighborhood complaint. Upon inspection of the property, staff
informed the applicant that he would need a building permit for the structure as well as a
variance to retain the third accessory structure.
The property is a duplex, with the applicant living on one side and the applicant's mother living
on the other. Both have two rescue cats, which are accustomed to being outdoors. In the
applicant's letter, he states that prior to the kennel being built, there were multiple times when
his cats could be found on neighbor's roofs, on their decks, and even in their homes. The cats
often killed songbirds, squirrels, rabbits and mice and needed to be cleaned up after. The
enclosure allows the cats to remain outdoors while not causing problems with neighboring
property owners.
ZONING ORDINANCE
The property located at 3918 Ulysses Street is zoned R-2B, One and Two Family Residential, as
are the properties to the north. The properties to the south, east and west are zoned R-2A, One
and Two Family Residential. The Zoning Code at Section 9.106 (C)(1)(a) states that each
residentially zoned parcel shall be allowed two detached accessory structures. The addition of
the cat kennel would create a third accessory structure. For this reason, a variance is required.
ACCESSORY STRUCTURES
The Zoning Code states that the combined square footage of all accessory structures on the
property may not exceed 1,000 square feet in area. The applicant has a 20' x 20' detached
garage (400 s.f.), a 10' x 12' shed(120 s.f.) and the 24' x 10' cat kennel (240 s.f.)measuring 760
square feet in total, meeting the City's minimum requirements.
The Zoning Code also requires all accessory structures to be no closer than 3 feet from the side
and rear property lines. As a condition of approval, Staff will require that the setbacks be
verified through the Building Permit process.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Residential. The use of accessory structures in
residential areas is allowed, and for this reason, the proposal is consistent with the
Comprehensive Plan.
24
Planning&Zoning Minutes
Page 5
September 5, 2012
FINDINGS OF FACT (Variance)
Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in
order for the City Council to grant a variance. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to use the
property in a reasonable manner not permitted by the zoning ordinance.
Although the cat kennel is considered an accessory structure, it is not used in the same
manner as a detached garage or storage shed. The very nature of this structure requires
it to be detached from the house and located in the rear yard. Although the applicant has
the option of removing the storage shed from the property, he stated that he needs the
shed for the storage of materials that cannot be placed inside the principal structure.
The cat kennel is also a reasonable use of the property.
b) The conditions upon which the variance is based are unique to the specific parcel of
land involved and are generally not applicable to other properties within the same
zoning classification.
The conditions upon which the variance is based are the fact that the applicant has a
detached garage and storage shed on the property and would like to retain a structure
that he built to house his cats outdoors. This is a unique circumstance, as this is the first
variance request of this nature that the City has received.
c) The practical difficulties are caused by the provisions of this article and have not been
created by any person currently having a legal interest in the property.
The practical difficulties are caused by the provisions of the Code. Staff sought the City
Attorney's opinion on how to classify the cat kennel. The cat kennel is a structure that is
not intended for a principal use. For this reason, the City Attorney stated that it has to be
classified as an accessory structure. Most commonly, accessory structures, like garages
and sheds, are used for the storage of materials. This is a bit different since the structure
will be used to house animals.
The Zoning Code does not specifically address kennels in relation to being accessory
structures on a property. It is the City Attorneys opinion that staff should look into this
particular matter and propose a Zoning Amendment if need be to clarify this issue.
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this area as Residential. The use of accessory structures
in residential areas is allowed, and for this reason, the proposal is consistent with the
Comprehensive Plan.
e) The granting of the variance will not be materially detrimental to the public welfare
or materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
25
Planning&Zoning Minutes
Page 6
September 5, 2012
According to the applicant, the granting of the variance would actually aid in the
enjoyment of the properties in the immediate vicinity, as his cats would not be causing
problems in the neighborhood.
Staff recommends approval of the variance to allow a third accessory structure on the property.
Staff feels that this type of structure is similar to a property owner building a fence around his
yard to keep his dogs from leaving the property. In this case, the"fence"would have to be
enclosed in order to keep agile cats from leaving the property. The variance request is a
reasonable use of the property, and for this reason, staff recommends approval.
Questions from members:
Sargent told members that he did get a couple calls from neighbors in the area and reported that
they were in favor of the structure being approved. Sargent then reviewed the conditions
included as part of the motion.
Szurek asked if the structure was connected to the house as the pictures depict. Sargent told
members there is a catwalk with a small door that allows the animals to go in and out as they
wish. Szurek then asked if the structure met the minimum setbacks of 3 feet from all property
lines. Sargent said that will be verified by the Building Inspector in the permit/inspection
process.
Sargent used a site plan to review the exact location of the structure with the members. It is set
back at the rear of the property next to the garage. He told them it is not visible from Ulysses at
all. It is only visible to the property to the north of him. He also noted that it takes up a small
area in the rear yard which is difficult to tell from the pictures. Peterson stated that he had driven
by the property and didn't think it would be very appealing to the neighborhood until he saw it.
He agreed it wasn't as large or obtrusive as the pictures depict.
Kinney asked what the height limit was for an accessory structure. Sargent told members that
the maximum height is 18 feet or the height of the principle structure,whichever is less. This
particular accessory structure is 10 feet high.
Fiorendino asked what the nature of the complaint was that got this thing started. Sargent said he
thought it was just a caller wondering what was being built.
Fiorendino then asked what constitutes an accessary structure—would playhouses, dog houses,
etc. be considered accessory structures, or only those structures in excess of 120 sf since they
would require a building permit. Sargent told members that our code doesn't really define this
and it is something that needs to be addressed. A situation such as this, bring these areas that
need attention to light. Sargent said the City Attorney gave his opinion that we currently have
two types of structures defined in our code. The first is the primary structure which is the
occupied structure. Anything else on the property would be classified as an accessory structure,
and our code allows for only two accessory structures. Fiorendino clarified with Sargent that if
this cat structure met building code requirements and he didn't have the shed, this matter
wouldn't even have to come before the commission. The only reason for this variance is to
allow three accessory structures rather than the two allowed by code. Sargent told them that is
correct and because this is a unique structure that is not really defined in our code, a variance
would be needed until this matter can be rectified.
26
Planning&Zoning Minutes
Page 7
September 5, 2012
Peterson asked if this structure could be considered part of the primary structure since it is
connected by the cat walk way and then it wouldn't be considered an accessory structure.
Sargent responded that according to the City Attorney that wouldn't work since no one can
reside in this open aired structure.
Fiorendino said not all the Findings of Fact could be met in order to grant this variance. Sargent
said that some variances don't meet all the criteria.
Szurek also didn't think this unique structure should be defined as an accessory structure,but
since we have no other category to put it in, she understands the variance request. Sargent stated
that if this was indeed another shed he wanted to add to the property he would not recommend
approval. There was some discussion on whether the structure could be altered into another
storage building if this variance is approved. Sargent told members that they could add an
additional condition stating that the structure could not be altered or used as a storage structure in
the future if the Council approves this request. They all felt this would be a good idea.
Public Hearing Opened:
Steve Maas-3918 Ulysses St-told members why he built this cat kennel structure. He had
pictures showing that the structure was 3 to 3.5 feet from all property lines. He also said if he
ever moves or he no longer has the cats, the structure would be removed.
Three of Mr. Maas' neighbors were present and they were all in favor of this in order to keep the
cats contained.
Szurek asked if the cats were fixed and if they were current on their shots. Mr. Maas indicated
they were and this kennel area keeps his cats away from other cats.
Fiorendino stated he would vote for this variance but thinks we need to look at the code and
better define what an"accessory" structure is. All the members agreed with this.
Public Hearing Closed.
Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends that
the City Council approve the variance for a third accessory structure per Code Section 9.106
(C)(1)(a), subject to certain conditions of approval that have been found to be necessary to
protect the public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. All application materials, maps, drawings, and descriptive information submitted with
the application shall become part of the permit.
2. The applicant must obtain a building permit for the kennel.
3. The kennel must meet the minimum setback requirements for an accessory structure,
being setback no closer than 3 feet from the side or rear property lines.
4. The kennel may house no more than 4 cats at any one time, with the understanding that
no more than 2 cats may belong to the owners/tenants of each side of the duplex.
5. That the kennel cannot be altered or used for storage.
Roll Call: All ayes. MOTION PASSED.
27
Planning &Zoning Minutes
Page 8
September 5, 2012
The following Resolution will go to the City Council September 10, 2012 for consideration.
RESOLUTION NO.2012-XXX
RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR STEVEN MAAS
WHEREAS, a proposal (Case # 2012-0902) has been submitted by Steven Maas to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3918 Ulysses Street NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance for a third accessory
structure per Code Section 9.106(C)(1)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
September 5,2012;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic, property values, light,
air,danger of fire, and risk to public safety,in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that
the City Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of
this article would cause practical difficulties in conforming to the zoning ordinance. The
applicant, however, is proposing to use the property in a reasonable manner not permitted by
the zoning ordinance.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
3. The practical difficulties are caused by the provisions of this article and have not been created
by any person currently having a legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment,use,development or value of property or improvements
in the vicinity.
FURTHER, BE IT RESOLVED,that the attached plans,maps, and other information shall become part
of this variance and approval; and in granting this variance the city and the applicant agree that this
variance 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. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The applicant must obtain a building permit for the kennel.
3. The kennel must meet the minimum setback requirements for an accessory structure, being
setback no closer than 3 feet from the side or rear property lines.
4. The kennel may house no more than 4 cats at any one time, with the understanding that no more
than 2 cats may belong to the owners/tenants of each side of the duplex.
5. That the kennel cannot be altered or used for storage.
28
Planning&Zoning Minutes
Page 9
September 5, 2012
CASE NUMBER: 2012-0903
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for Temporary Signs
Sargent told members that in early 2012, the City Council approved the establishment of the
Community Development Steering Committee ("the Committee"). The task of the Committee
was to conduct an extensive review of the Sign Code and Design Guidelines to determine
whether these articles are still relevant in today's society. The Committee was in charge of
overseeing any changes that might be made, with suggestions and recommendations to the City
Staff, who would then forward the recommendations to the Planning Commission and City
Council. The Committee was comprised of one resident, three business owners, one City
Council member and one Planning Commission member. They met for six sessions beginning in
May, 2012, and have come up with some suggestions for Zoning Amendments.
At this time, City Staff is representing the Committee by proposing a Zoning Amendment as it
relates to temporary signage. In order to promote new businesses that have moved into
Columbia Heights, the Committee proposes the City to allow each new business to utilize one
"Grand Opening" sign per business for a period of 60 days. This banner would not require a
permit and would not count towards the total allotment of temporary banners (four) that a
business may use in a calendar year. The purpose of this amendment is to allow new businesses
the opportunity to advertise their new arrival in an attempt to establish themselves in the
community.
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 a"Grand Opening" sign would aide in the
enhancement of the commercial areas throughout 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 a "Grand Opening"sign
would aide in the enhancement of the commercial areas throughout 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.
29
Planning&Zoning Minutes
Page 10
September 5, 2012
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.
Sargent reviewed the details of what is allowed for the Grand Opening signs with members.
Questions by members:
Szurek asked how the signs would be monitored if a permit wasn't needed. Sargent said he
drives around for other code compliance matters on a regular basis and would be able to monitor
this. He said staff is usually aware of new businesses that open through a variety of channels.
Fiorendino thought this would be a great way for new businesses to establish themselves in our
city.
Public Hearing Opened:
No one was present to speak on this.
Public Hearing Closed.
Motion by Kinney, seconded by Peterson, that the Planning Commission recommends that the
City Council approve the proposed zoning amendment. All ayes. MOTION PASSED.
This will go to the City Council for consideration.
DRAFT ORDINANCE NO.XXXX
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
RELATING TO TEMPORARY SIGNS WITHIN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.106(P)(7) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
§9.106 SPECIFIC DEVELOPMENT STANDARDS
(P) Sign regulations. The following uses are subject to specific development standards:
(7) Temporary signs. The following standards shall apply to temporary signs in all zoning
districts:
(h) Grand opening signs.
1. Each new business is permitted one (1) grand opening sign, at the time when
the new business is established in the city.
2. Grand opening signs do not require a permit.
3. Such signs do not count against the total number of temporary signs allowed
per property per calendar year.
4. Grand opening signs are allowed for no more than sixty(60)consecutive days.
5. Grand opening signs must display a message consistent with the promotion of
the grand opening of the new business.
6. Grand opening signs shall be no greater than fifty(50)square feet in area.
7. Such signs must meet all other applicable regulations for temporary signage in
the city pertaining to placement on the property,maintenance, etc.
30
Planning&Zoning Minutes
Page 11
September 5, 2012
[Sections§9.106(P)(7)(i-k)shall be renumbered accordingly]
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: September 10,2012
Second Reading: September 24,2012
Date of Passage:
OTHER BUSINESS
Szurek asked about sandwich board signs and how long they can be out. Sargent said that
sandwich board signs have been allowed for about 5-6 years now. Businesses may have one sign
that can be kept out indefinitely as long as they are professionally made, are no larger than the
maximum allowed, and stay away from property lines. He acknowledged that some of them are
placed on sidewalks because that is their only option. He said staff is flexible in regards to these
signs unless a complaint is received. She then asked how much window signage a business may
have. Sargent responded that 25% of the window space may be covered with signage.
Sargent told members that Family Dollar may not be occupying the old Blockbuster building at
52'and Central after all, and that O'Reilly's Auto broke ground this week at 37th and Central
and anticipate a completion date by the end of November.
The meeting was adjourned at 8:05 pm.
Respectfully submitted,
Shelley Hanson
Secretary
31
CITY COUNCIL LETTER
Meeting of September 10, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: September 5, 2012 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the September 10, 2012 Council meeting. This agenda
consists of applications for Contractor licenses for 2012 and a Temporary Liquor License for
Immaculate Conception for October 13, 2012.
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 September 10, 2012 as
presented.
COUNCIL ACTION:
32
TO CITY COUNCIL September 10, 2012
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2012
BLDG *Jerry's Plumbing 3731 Thurston Ave., Anoka $60
*G.M. Northrup Corp 15950 Franklin Tr, Prior Lake $60
McAlister Htg&AC 15112 Lever St, Ham Lake $60
ESP Companies 8014 Hwy 55, Golden Valley $60
TEMPORARY LIQUOR
Immaculate Conception 4030 Jackson St NE $100
For event to be held October 13, 2012
33
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: September 10, 2012 •
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has received the list of claims paid covering check number 144874 through
145047 in the amount of$ 673,724.41.
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby,recommended for payment.
34
U)W * * * * * *
H C7 * *
X < * *
0 a * *
H a * *
W W * *
> * *
0 * 1'
r' U * *
H * *
(Q O * *
N * * CO
Ln M*a * C14*p o 4,
U *
( * *
Cy C.1)a *
H O
0 0 0 * * P4 1-1
L() ' * * 0
O L(1 * *
C7C7 4( * a
H
U * * r-- a) Lo
-ri o
* *
*
41 * Z
* * H a'
* * * * * * Pi H H
* * cn
C C C C C C C C C C C C C C a
* * i• * * C 4 C 4 4 C X 4 4 C 4 4 C*
a 4--) J-) ) .01.1 a) .0 .0 -0 -0 .1.-) � -0 .1-) (1)
* 0000 * U
N Z a`�
* *ZZZZ 0 CO
CO * * U Ct. TS
* *
H o x ZZZZ N
* * H X
,x * * 0
a * < � g � * °0)'
.0 * * 0
a U * W W W W * H q
91 * \ N -H
(1) k
* 44414 * O .,1 pa
4, * )�
* * •
* * * * * * 0 P
* * W 0
* * * * * * G,
* * rn
* * * * * * •
C m
* * a) -H a)
W N * * 1 • m
H •' * * -H • • a) H p O
CO N * * .. El . . 4) (0 . U -C.)
U
� * * • • W m O 1-) . OH
L(1 * * -H k •L) . . . -i
C
a H * * 4J 0 C • • ','- • • • • a) • • a) • a 0 u O
4 * * U p, 0 • m )a • • •rd . • 4) a) \ 14, 14) z
H * * (1) (I) •• 0 • a) .,, -0 (1) • ' ' . . 0) i p, 0 0 Z
UN * * H i% COO a)'d C C • • • p • • O (a X pCFC
ZH
F o ** ** (1) Z O OWW
cn HI O F rd U C . • al . . 7 q W }a Ri W
+-, M ,-1
Zi N * * (0 H 0 HI HI'Z 1) • a) CO • k (1)'a) U) 0)
H\ * * 1) C cn ■-2S al (6 (tl U i-i U (6 • U) U) a) 'd C b'
C., L n * * S1 O 0 X U C C.S a) O-H,C •4 (11 }-i C H,qa
0 * * 0 • 1 a`CS U Sa S1 k U -n 0 O U,-- U a) (tl ■-I 0
*Urn * 01 -1-1 U C a) a) a) a) a) O C D -1 C a)H a) 0 C h a) p, Z C C O O O,a) N a) C C (d O U)H C C
ry' o * * * * * * a 0 H W Uu)I'D r0U a ,"iHapq > a0 H p
OH
E
0
0 E 0 N001 0001000dIN M 0 Lfl 0OMO1d'0 O 00 d' Lf)0 d 0 111 O1L(10010 CO N OHLf1C0 01110 dI 0O HN
H 0 M N H CO di O N LI)N di 0 0 0) 01 Lf) N di N di LI) N CO N-01 O O O N CO H O CO M M O N Lf)H LO O L) O H Lf) LO H
4W
00 0 LO N LO N CO 00 Lf) Nl0 N LOO L) N LA Nd' if)MOd' Lf) LO LO 01 Lf) N M MO N N O)W 0 H H N 01 0 0) 00 N 111 H
M IT) 01d' M In H L0 MH di O '4 NN LC/01 d' N LO O M 01 H H M LO O N t` O)O CO LO Li) d' In 0) 01 CO (` M LO O)
gin, MN d' C0 NHLOMNLf1NNLONOO '4MHLf1C0\OHL() 0108 NMO) HHN HHOO CV '4' d' ONN
01 0 H H N HH LO H H H N Lfl H W CO H d•
N dI H d•
C)
00 (.4.)
U 5
44 w
Oo E
d' a' N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
Lfl Q HHHHHHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHH
E a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
HO x 01 01 0 01 01 0 0)01 01 01 01 0 0 01 01 01 01 01 01 01 01 01 01 0)O1 01 01 01 C)01 01 01 01 01 01 01 01 0)O1 01 0)O)O1 01 01 0) 01
U U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
W \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
0 CO OD W CO CO WOO W CO CO CO CO CO CO CO CO CO W CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO w CO CO CO
U 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0
z
H Y$ d' 111 LO N OD 01 O H N M d' U) LO N N 01 0 H N M Cr, Lf)LO N CO 01 O H N M di Lf) LO N N Ol 0 H N M d' Lf) LO N CO al O
E .Yi N N N L- N N 00000W0w00O0 010 000000O0O00000000000 H H H H HH H H H HN
Cn U CO CO CO CO OD CO CO CO CO CO CO CO CO CO M CO CO CO CO CO CO CO CO CO CO W Ol O)01 01 Ol 01 01 O)01 01 al Ol Ol dl Ol O)01 CT)CT) Ol Ol
H W cr d' di d' d' d' d' d' CO dI dI di d' d' d' d' di d' d' d' d' d' W d' d' d• d' d' d' d' d' d' d' d' di d' dI d'd' d' d' d1 d' d' dI d' d•
a 0 d' d' d' d' d' d' d' d' d1 d' d' di dI d' di d' d1 d'd' d1 d' d1 d' d' dI Cl. d' d' d' d' d' di d1 d' d' d' d1 d' d1 di di d'd' di d' di
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
>I a
-1H
00
u
CA
-HO
xU
H < 0 a H a JE xN E E a 3a UU 0 u) r E. •c..) .-1
OH U y113.1 x0 a ZCn qg ZZ X E O 00 Z0 U ,7 Cs,
N0 Z EX >+ WU 4 W W OZ HE HH 0 x • 1-1 x0r', x I
�N H W OU W >IO UW Xa HO X U r.G ClU 0E3 ZIW u]
U\ puoZZ00 4 Zx U414>+ xH w
x co En aZZ mZxcnZocnE O r H trr H 40con0 EE 7x E W W
C') 0 4ZoH o W "a' 0
H Cr.) cn C) O c 0' • Z a rk Lx Cl)4 Z 1-a E O U Z Z a O H W U W > O-1 01 x
\ 0 ZZEO W EI� U -0 W W H W HO < OZHH r.GU1E--� 0 U r.G W OHOFC
al Cl) OHwEHOZZ >-1H Cn C)Z Q0.'i aE HH3 Z 0HUHC/ EE aOH
0 x HaZ< aE W HQExW E rrCCW U Ex Cl Ux W Cn W\C9aZp4m CnE 00
P4 aEH U OUOZ04 0 COW HO Cn O W Efxwc)ZOEH[,o1-a cn • F
W EI-aC >+ >4 •0 W ,-1HO W O E 00 OH 4 c/ EZ W UEEHC/ U OI-I � HCnQ0
' 00O EE 1 cn cn >+3acn > Z00 00 ZCnr.G W H\xx MU) Z 10OO4
< a0OMZZZ aO < XOWHZaCO 0 awr.G3Qx > ar.� rt; waZwOO >+ x o
W 3 Q >+ aCz EC/HO W OHa W 4 r1 W pExxa W xW H >W HpOx W CnU
E C/ QQ HOOOEH0Z 0 as E I-ar.0 H0 ,z3ZEU: W O 00 W HEEp00
Z
Ox W x0UUUXr.GH , 0E-1 a >+ OF400HEU0 OCngCnrx W UCnEE 4oaZZCn
W x x UUa Z Uw4Ox0C7ZUpocnx cow W oZxwEmga'Zfl >-IOOH
E 0 0 HH r� ZCn 0 -403 EW 0FC0H I a,' W > x0E 0 H W CnxZC9x ,r.�CnC/)
U] 0 0 NO) r.C1:4c4X � 0W r.� r� WZ .CHEFIcl) g g0C) ZxWC7C/ E W x CCWOW WLr EZZ
>4 Z U xaW > w W OOOOaa3x ZyaZZH W HU4XXHaxxg x .140, nHxZEE [- O
C/) pOUQ zzzzzzZ0F134 W oaFwwxaZ0000gxwHa FC Wod WOZZZ W bOOH�
0 gg 4PC F4 < <G 0.1C0p0U VUUUUUUUUUQ W G, C, C� C7C77CC7xxHHH1-pl-Drjr,� H (.7 x
H H
zU N 4 0
H
Z o W
Zi N 0
H'...... U
Cr-. LI)
0 Y .Y
Cr)---.
4 o p0 p0
MN
H
Z
0 E 000 NO NO Ln LnOOO m N LnMM NOO NOd' l0M 0OMOda mOd' OOO m NO LnO W1(1 tDOOM
H 000 W0NOWM0000HHOOMOO W daomLnOHOdam LnOHOOLC7LCIOWONNOMNda
W W
ZO 0 daOMMHWON W Oda MMLC MNMONNMWWNM W da W OMMNI f lONHd HW W McPC- NMM
K4 1DMMWHWOMN LnMMMWO W MMNHW HMNMOLn MWMMO [f•lOLnd'MMMNMNMWONH
Ha MMLn I' d' NHH HHLnLn N H Lnd' NNmm HM NW HH WNW OW N
Cl) 0 0 H N M 0 H
6 N H N
H N-
a 0 M
O>
1
G, P,' w
Oo 0
d' g N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
+ Ln 0 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
0,4 �-,�-,-, ���---,�- -----,---,-- ---,-----, ������ ������
HO x 0 0 0 m 0 m 0 m 0 0 0 m m 01 m m 0 0 0 01 0 0 0 0 01 m m 0 m 0 0 0 0 0 m m m m m o m m m m m m m
U U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
W \\\\\.\\\\\\''....\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W
U 00000000000000000000000000000000000000000000000
0
H 4$ HNMd' MWN W MOHNMda LOWNW MOHNMCONION W MOHNMdaLN WmOHNM ,PMWN
H x NNNN,NNNNNMMMMMMMMMMd d d d d d d d LnLnLOLnLnLnLnLnMLnl0LOWlOW WlOW
Cl) U m mmm 01 01 01 0101 m m m m m m m 01 m m m m m m Mal m m m m m m m m m m m m m m m(310.10)m m m m
H W d• d+ d• �r � d' � crd' dad' dadadad' Ct, da da da . da da d• da da W dada da da � d• ‘rda .4, da � � cr da da
a x d, T1.1, rd wd ,Krdldad. .rd Ord d Ord dlcm ,r �rwwd , wdmdldadaw � �rd d d d1
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
>Na
4 H
OU
iiBm
-HO
xU
O W W 0 U H (Y, UH O H 0 0UZ3 W
?CN 0 I U Z U EmZ 0Zg Cl U w 0 U zHH0 a
OH C4 ZUCl Z Z OH W mOHH 0 Z \ Z H > E
(DO ( 0 W HZO F[,' CH UHfx W U ,- U Cl) H G, U H i-41:40
. N EZ PQ ›A HO NZ NW H HOU Z 0 Z U O W Z W N
U\ OHU a ' W H EOm W H F 001 mZ 0 0 HUZ r.CCAHH a
0 UHZ00OH0FC OHE-1 Za WUOmxmH U r.G HUy ZHO ]C Cl)x Cl
H OHaaUHU F-) UH mHmiNZa W g OZmH UZ HM3 H
\ NM O z 0 H FCg g3 HOCZ' SJ 0a �JmW a8 W H - 0 3xZH I W
M W HO>amE 3P a W Ua 0 ,zJx Za HZ ' 0 ZZU >-I ,c4 wa0 �' x
0 W WZr.G a rGz r•Cr.� ZH mm mmpCSCmmH W W W k, I W pO aa0EmH U Pm
MPH30 C7mm0 W H 0 Zw W C4U W UW HUUHFIp: Zm0HCryaEhwaUOZ\H
mZxZ0 O W 3ZHH .z/0ZQ W W H0OZZ4ma Z4 HZa W 000ZNH
W HHmH0mmUC7 ZOO mH HM W wa\H HUmg HOxmg mHP
U' Q F!a'QmHH W W EFC0m 3mIi W 0QHp: G4Ha UZ - U3mUW Z �i7 Hg
0 pUa+�aaOUO W OQJ Z - /)C N3 3x 0Z p�, H W H zmr.�W aU
H HQH W OOHH ZU >-IQO Cl) �C UarxmHr.� Y1 r� HHfs, W aw' aZHxH W HapZ
E Z xa m3Haa00H a Om0HZR, H0 - maHZQa 0 x0.1WFCWH a ag00W
Fr) C4 mgmQ mr.Gr.� mma aaw0HHU Om I H-HH (244p UO Z W UW gOmZUZ
H 0 0 ZUp; OWW W W W WG, WHU HaHHOQWQHP: 3WHz ) Hll, 0HCY OWHUW
m 0 U HoH < rx3zz ZzZzQ HWHamamZmUHq HOrx0UHH �Cw az0ZO1aoaQww
0 U F- OOZHQZZZZ 3 >Cc4 1-1 >, W OHarcCEOU W a W wg W fxZfxp OHHaoZOaZZ
Cl) W a' HU W W W HHHHHZ W W - Cx, ry'a' x.= Wr gwowxHaaHHH O W rx3 a W H .i HHH
i > a Z E E E E E Z E E E Z Z 0 0 a a a a a a Orx rx rx m m m m m m m m m m m H H H O' > >3 a 0 3 3 3
H z
H H
UN
z H U
ZN x
H.---,. U
W In
0 x x
M\
UM 00 00
m M
F
M
0 F CO H 010 MHM NLf)O d10fb 0 C N NLI) h CO O O O l0 Lf) O O h d'O O M h H OI N O d' Lf)M LI) O h CO lOO
H Z d' d1 l0 O H d'CO CO 01 O Lf) N 01 0 N 0 CO CO M N 01 lO 0 O h LD O O d' h 0 N 01 Lf1 O\ N M N H H N 0 M H H H O
W W
xC0 0 1001 hO 01 NC O LI) OlO Lf) CO H CO H N M d' H O O LI)CO O CO O\O Lf)l0 h d'W H LfIO h O 01 Lf) h H N■O d' Lf)Oh
F'4 hh0ONlD lO hHHW H01ML13HNNNCO d' LC) cH d' hH0NH CO N d' N IO O CO M lO d' Oa>T H LO h COO
Hal lOMNCOOHN .4 HNLflHlO OHO0Lfl d' lOhNMOH H CO CO CO HCO H M N l0
P1 M Cr 0 MLflHNN N M LO H M c rn 0
6 N H M h H N H
CO
00 M
0 >
1
00 Fri
00 F
cr KC N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
>-1 Lfl 0 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
P4 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
H 0 'ilk+ O1 dl T CO 01 01 0\ (31 Lf)LI)Lfl Lf)Lfl Lf) LI) Lfl Lfl Lfl Lfl Lf) Lf) Lf) Lf) Lf) Lf)Lfl Lf)LI) LI) Ill 111 Lfl LI)L.0 Lf) Lf)LO Lf) Lf) LO Lf)LO Lfl Lf) Lfl Lf) Lf)
U U N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
W \��������������������������\������\-������������
CO CO CO W co CO CO CO o 01 01 01 (7l 01 O1 O1 0101 01 01 O1 01 O1 01 O1 O1 01 01 O1 O1 01 01 01 01 01 O1 O1 01 O\O1 01 01 Ol 01 O1 m 01 01
U 00000000000000000000000000000000000000000000000
0
Z
H 4 CO 01 O H N M d• LI) L.0 N CO a) o H N M d' Lfl lO h co OI O H N M CH LO L.0 N CO CO 0 H N M d' Lf)1.0 N CO CO 0 H N M d'
F i''l. ■O l0 h h h N h N h h h h co co Co co CO co co co co co O\a)O1 al O\01 61 0\Ol O\o 0 0 0 0 0 0 0 0 0 H H H H H
CO U O1 01 01 01 01 01 01 CO CO CO 01 01 GI cl 01 01 01 Ol m 01 01 Ol a)m O1 01 01 01 01 01 Ol 01 0 0 0 0 0 0 0 0 o O o O o 0 0
H Fri d■ d1 d' Tr W d1d' d• d' d' d' d' d1 d'd' d' d' d' d' d' cH d' d1 d' a' d' d .7, CI' cHd' d' LI)Lf) LI) LI)LI) Lf) Lf) Lf) Lf)LO LO L.0 L() LI) II)
L-3 CO d' c Ha' d' d'd'd' d' d' d' md' d'T7' cHa' a' d' [1'' wd' d' cHd' d' .4,d' 7' .7.7 d' d' d' d' cH d1 d"d' d1 d' d+ cl'd' d' d'
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
>,a
k H
0 0
U)W
W
•H 0
xu
44u) a U a a a HF UW Z • G4 Cr]
,'�'' N FFa Z H u) P1 PH WU 0 F 0 I
U H 00 W H U mm 04 QC/) FZU F A U a UM
a) o mm P, Z CO K4 41 Z a0 Z 0 a Ur.] ZH
4N Wz Wz U H WU UHco as m H U W H
U� ZZ 1/ Zm a UZ Z0N C.74>4 1-� a 1a > 0 CZ0 HZ a 000
O ii En O HH HP+O mWZ E-1F-1 4HCOyy UI-� 4 Z
H HHm Z 04 > xZ WO m H FZZZC NO (i) a 04 UUh
\ X XZ m-- Z c4Z ,zt 1 a W W H HO) Hr.�
OHO NUGH Cr) p
CO W a WW >+ / W OZF AFUaZ H Z UGH a H >+ Um F3 >'
o W W FCF HE mZ 0FCCAF4 W rC xA W OaaFm� Zc 4+ F 4Z a4a C7C) F- 0
H Dap CO 0 CO 0 Z3E-1 /) < W U) HNCum • gHC7 m
g �C H > >1WUa COWaa W WFH W HOOAZmUE+ 4OHm P4 Z C
r� WU >1xFa H x 0CL (G3 > Z134 czl 04 0ZHa co A0W Z -H0a, m
W W W OC7 HHPC /WZ00 ZC W HaZFCx3 H W > 4UZF W aZ 04r40g4MHLzi
amaH > aZFA F0m0P100HHa NZ >+ FP40O4ZHO 124(0 UU040o
F W WFmW AUHro - NHa a a gH Ur.GZW HW 04HO hZ0 H RI L.+ 00
W 00 ∎= Z a W a 1-1E-101-1 10H ' CZZOm W F W FaZ-0aaCG Fah a
-) 04 41----0----.4 a UaKCZOa aC7a1 Z W U Z W C0 >400H0 W A >404
F 0 0 NN >+ Lzt C7 W HOmHW Z F W pry FHC7F >' HaZ 7r.� m W\ 400041.10W
CO 0 U PE-10 aZO W r4Z4ZF ZHF-IFFF--�� m0CZP CO> 0)01NNOFZaaFG+ r.� 0r ZZZ `.d
>1 Z U aaaf]0 W0aa W A W UUzaNFUH0zZZHa W W aW 0CZ� xwaG+ CaZFFAA m
aH
Ln > C7 33335C9CNNr.Cr. rC ∎G f0W pq W UUUUUUUUU W N4NO 7C7xxHh �xxa . ZZZZZZZ
z
H
H H
UN Er'
Zi H U
Z N. WT.
H--.... U
Ca to
0 x x
U CO
4 o co Cl)
mcr
H
W
0 H OOLfNLfNHHOWOLfOLnO OUONInNW WNLno OOOLa0a O0O H
H H O N IO NNH LfIO NM a 0 0lO IO N Ln lON W M ) 000 In NOlO LfM di
W W
x0 0 N 0Na) i N in 0 W Nino a) I ,P NM IO N NMOM NMOUl OO i NcPd' cP
KC OH01MLnNLfliNHW cPWcPMNNa1MOHMWW WNMNOIOWWM N
404 HNW WhHON c r H 01HHH In LflH cr H0N d' NN 1010M CO cP C`
Ca 0 in in H d' N H in H H in M co M
6N. N H H H
t` lfl W
M
00
U
0 0 H
d' a' N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
>41,1 0 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
H a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
H C7 U Ln Ln Ln Ln Ln 0 Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln in Ln Ln Lfl Lfl Ln Lfl Ln Ln Ln Ln Ln
U U o 0 0 0 O o 0 o O o 0 0 0 O o 0 0 0 o O 0 0 0 O 0 0 0 0 O o O 0 0
on on al a1 O1 al O1 al on 01 01 at al 01 al 01 al 01 01 al 01 01 al a1 01 O1 a1 0) Ol 01 01 on on
U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o
Z
H 1# Ln l0 C... CO 01 OHNM d' Lnl0N OD Ch 0 rA C4 00 cP Lnl0N CO 0) OHNM.4. Lnl0r-
H HHHHHNNNNNNNNNNaMMMMMMMMMcPcPCPcPcPC PcPcP
Cf) U 000000000000000000000000000000000
H W i Ln Ln Ln Ln Ln Ln i Ln i i Ln i Ln In Ln Ln Ln LIl Ln Ln Ln Ln Ln Ln Ln In Ln Ln Ln Ln Ln In
U HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
>a
.-II-1
OU
4C7))
•H 0
xU
O )U H U Z OW r444 kN Hm4UH m mZ H U m m Zm40-,FIE
UH H44ZU UH zH Z H 0 H H 00 a
NO H4 ZHI 0 Cr) H H M4 lg0 UU) (14X
Uo UH)woUZ Za w0 ZO w a, OmZ wwwza mu
o
H HHHHO OU) QHaHQ •H MW 0 Z UZHHH ZU
\ ZUZU H U FIX 0,40m C! a3xHH I ZZG —Z
a1 HU W W H ,8Z0 0U) P: O ,Zg 0 Z P: Zx U H
0 U W a g Hz UQaW ,ag( H Izm0 � 00 U W W Z r4
qW ZU) g E. F4 HO i UGH Wz W W ZF-i0 DC7H 0
4 I-1 UHHZU)HHS+ Z W ZZI-4zr.GUU4 W OP gt H
I-Ig W HO H W xU) ,aOUwxl-4H Z W U ›-IUU)U) H W� P:>+U
N W HwZa 3ZC9wamHrxUH3QHH >, ,aU W w >+ W W W C!)
O . W U) 0Hp4a [*+3w3 4 Ua HHHw> > 0r: Ci4
H W WHUQ mma 0 F E-i Z W P aZHHH ,) W WZw
X z HHH U W a W U) 4O1-1 Z (4m,-1U - ) W HI—ImgUU)HZ
W P 0 ar.CZU)W WHH >iQAH 4 \U) HW WHr.QmU) WUUaU) gw
H O O W HW - ZUH ,a W p; U HH031IIUU) Q F- W W NN
m A U Qm �' HmFiZ0H m Hma' Ha0rzzr�� ZOOZZ IHHC7a
M w 4 ZZOHC W ZUHpr� ,8 CD �UW W 0P 1 f� rx (xrx33HUHHZUW
> UUUZZOOaaaap4 mmmmmmHHHHHHH03333CN aL 7
FC z
H H
UN U
ZH
o )
Z N .T.
H\ U
tU Ln
0 Y 1
M\
40 U) PI
mI.C)
H
H
d'
M L7 0 [M
ga N
H
r0 O M
6N
0 0 d
U 5
i
W P
0 H
H In A
Ha
HO
U U
U
z
H �$ O
H x O
m U 0
H W
x
U
a Ca
}-I H
°Z"+
p
-H O u
xU a
N U]
O H Q
0
,-C N 0
U U
O W
H
rn
0
W 0.S
H
0
H m
cn w a
aH
0
H H
N
glUy
Z N 0
H\ W
r� in w
0 x a
Cl)
g o pq
mw
PO
Oa
I-
H a
Wg
xU
W
H a
H
FQ O
6 N•
Fir-
00
U
WWW
W
H U U
U
HM ,4" 0)0IN MOLn NMLn Ln Ln O\HOOIMMO V+ HO WMOMMO H H H H
O lO W N N M O ) N Ln N N N N N M Lf)Ln O M V' H W H H N N O W O VI
ct, Tr
X W WHLfl Ln NMNMd' MMM W N W NNOMOI W 44" OILOLOMNWM VI
S-I W M011.0 VINW W NOOOOVIW OOIOIN W NNWL) NN � � OWN N W N N
O CO CA NNONMNNLOLONW HMN V' Ln NW W VL VI MLf) LfNH N CJ) N N
1) . . . . . . . . . . . . .
U) V1 H MTV LO HON W H LO N H LC)C) CO LO M 0 CO CO
xU) If) N H N N H N N N WI CO H N LO Tr
H H
x Q H
U Q
N
4
0
F] H
z7Q w 4101 -C w
U ‹m oUaarx [[�� zq HH
H W U) l–O H • U) Z Z 0 OL
Z 0 \ HHHwW W UI U)
W Z NN m > a : UZ 5-I U) E
XZg HH0W ZO w I a H Z XU
aOZ U z H\z CD I Q W H H 0 W W Q
OH W Z O W M a I U0 Fl H H17 Z H
I-lEHO I: C:1 Ugg HZHHg0 H H U)0
Xm W ZH a O\W G+ P:\W Z a W Ci UW >- U) L1 W N ' jHU HP:UH > U W a -1y-1 U))P
0
P " W H H aCzlPayr.GHH � H I aEWOHIH P: H U
U)N Z QU) › 0 U c•U) aa W agHHgU) Hazel H 0
y-II 0 H W OW �iH XW ) U > H1-) I-) PZP m�i �COU UI
Cl) '. H 11ZQI-1 xPS ) P: Q U) HHOUHHH 5 OH H W W m m
Ln H HHH W U0 gH1-) 0 U) HaEHU W 0 H0UZ Q U
I4r1 a ,-1H XgH>+mE •• am W aaaCr4 00 m U1-1 W W Z z
a' H aE P', I HVI HHNWQ', Q�' ' 01U W U) aU) H P7 ii H
H •' U) W W R$ W HE—' 0UI 'UHHH W a' a' UZOU U) U) UI '• x CO
UN a 0 WX HaaW1IL W a HH W W W0U0WHOH0>C a W U
H U m Z � aGgrn�qePHUUmN W aNaaaaaP NOOIHZUZmW 1-a W ,a
O U W W OQHr.� H W OH0HxHHF(,' F[,' Q', R,' HQ�' W WHH4 W ZOZ1-1 Fl U x a
Z\ a Q UUWmU1-Ir.� r�, HUHmHHUUUUUPmamaUHUHU1 < wI z U x
W Ln
H
a
m\ I HH V NLf iLnN NIO LzLnT rIH(N U)rINM V O\Hr OM V I� H I
U O\ I O O O H N V1 to LD (` C� C` � W W H H N M 0 0 0 0 0 Ln O N W W W O I
go W W I HNNNNNNNMMMMMM V• VI V• V• VIIOIDIOIOIOWNN W W W H PC1 U) I P) H
CITY COUNCIL LETTER
Meeting of September 10, 2012
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Revocation
DATE: September 10, 2012 DATE:
NO: 12-108
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental property at:
2012-108—2215 45th Avenue
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Numbers 2012-108 being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Number 2012-108 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 license
listed.
COUNCIL ACTION:
42
RESOLUTION 2012-108
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential
rental license held by Vivek Kamran(Hereinafter "License Holder").
Whereas,license holder is the legal owner of the real property located at 2215 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 August 8,2012 of an public hearing to be held on August 27,
2012.And that at the August 27,2012 meeting the revocation was tabled until September 10,
2012 for the next available Council meeting.
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 June 4, 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 August 8, 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 August 14, 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:
a. Shall replace/repair the front locking screen door that does not close properly
b. The smoke detector(s)are too low on the wall,should only be 12 inches from
the ceiling
c. Shall repair/replace the screen(s) on the building
d. Shall replace the missing knob on the closet door in the master bedroom
e. Shall repair/replace the light above the rear door that does not work
5. That on August 27, 2012 inspectors for the City of Columbia Heights performed
another reinspection where it was found that items a, c, and e were not corrected.
6. That at the August 27,2012 Meeting,a representative from the property attended and
toll the Council the work was done, and Council tabled the revocation.
7. That on August 28,2012 inspectors for the City of Columbia Heights confirmed and
documented digitally that in fact items c, and e were NOT completed.
8. That all parties, including the License Holder and any occupants or tenants, have
43
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 F11798 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.
Passed this day of 2012
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
44
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: September 10,2012
AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2012-112 being BY: Jeff Sargent, City Planner BY:
Resolution for the Approval of a third DATE: September 6, 2012
accessory structure located at 3918
Ulysses St NE.
BACKGROUND:
At this time, the applicant is requesting a variance per Code Section 9.106 (C)(1)(a) in order to retain a third
accessory structure on his property located at 3918 Ulysses Street NE. The applicant currently has a detached garage
and a storage shed on his property. Just recently, he has constructed a 24' x 10' kennel to house his cats. The
Zoning Code at Section 9.106 (C)(1)(a) states that each residentially zoned parcel shall be allowed two detached
accessory structures. The addition of the cat kennel would create a third accessory structure. For this reason, a
variance is required.
The property is a duplex,with the applicant living on one side and the applicant's mother living on the other. Both
have two rescue cats, which are accustomed to being outdoors. In the applicant's letter, he states that prior to the
kennel being built,there were multiple times when his cats could be found on neighbor's roofs,on their decks,and
even in their homes. The cats often killed songbirds, squirrels,rabbits and mice and needed to be cleaned up after.
The enclosure allows the cats to remain outdoors while not causing problems with neighboring property owners.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing for the request on September 5,2012. The Planning
Commission recommended approval of the proposed variance with a 4-0 vote.
RECOMMENDED MOTION:
MOTION: Move to waive the reading of Resolution 2012-112, there being ample copies available to the public.
MOTION:Move to adopt Resolution No.2012-112,approving the third accessory structure for the property located
at 3918 Ulysses St NE, subject to the conditions outlined in Resolution No. 2012-112.
Attachments:Resolution 2012-112;P+Z Memo;Location Map;Application materials
COUNCIL ACTION:
45
RESOLUTION NO. 2012-112
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR STEVEN MAAS
WHEREAS,a proposal(Case#2012-0902)has been submitted by Steven Maas to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3918 Ulysses Street NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance for a third accessory
structure per Code Section 9.106 (C)(1)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 5, 2012;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health,safety,and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic,property values,
light, air, danger of fire, and risk to public safety, in the surrounding area;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings,or the shape,configuration,topography,
or other conditions of the specific parcel of land involved, strict adherence to the
provisions of this article would cause practical difficulties in conforming to the zoning
ordinance. The applicant, however, is proposing to use the property in a reasonable
manner not permitted by the zoning ordinance.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
3. The practical difficulties are caused by the provisions of this article and have not been
created by any person currently having a legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
46
Resolution No. 2012-112 Page 2
FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become
part of this variance and approval; and in granting this variance the city and the applicant agree that
this variance 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. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The applicant must obtain a building permit for the kennel.
3. The kennel must meet the minimum setback requirements for an accessory structure,being
setback no closer than 3 feet from the side or rear property lines.
4. The kennel may house no more than 4 cats at any one time,with the understanding that no
more than 2 cats may belong to the owners/tenants of each side of the duplex.
5. The kennel may not be altered in any manner in order to be used as a storage structure.
Passed this 10th day of September, 2012
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
47
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2012-0902
DATE: September 5, 2012
TO: Columbia Heights Planning Commission
APPLICANT: Steven Maas
LOCATION: 3918 Ulysses Street NE
REQUEST: A Variance for a Third Accessory Structure
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, the applicant is requesting a variance per Code Section 9.106 (C)(1)(a) in
order to retain a third accessory structure on his property located at 3918 Ulysses Street
NE. The applicant currently has a detached garage and a storage shed on his property.
Just recently, he has constructed a 24' x 10' kennel to house his cats. City Staff learned
about the construction because of a neighborhood complaint. Upon inspection of the
property, staff informed the applicant that he would need a building permit for the
structure as well as a variance to retain the third accessory structure.
The property is a duplex, with the applicant living on one side and the applicant's
mother living on the other. Both have two rescue cats, which are accustomed to being
outdoors. In the applicant's letter, he states that prior to the kennel being built, there
were multiple times when his cats could be found on neighbor's roofs, on their decks,
and even in their homes. The cats often killed songbirds, squirrels, rabbits and mice
and needed to be cleaned up after. The enclosure allows the cats to remain outdoors
while not causing problems with neighboring property owners.
ZONING ORDINANCE
The property located at 3918 Ulysses Street is zoned R-2B, One and Two Family
Residential, as are the properties to the north. The properties to the south, east and
west are zoned R-2A, One and Two Family Residential. The Zoning Code at Section
9.106 (C)(1)(a) states that each residentially zoned parcel shall be allowed two
detached accessory structures. The addition of the cat kennel would create a third
accessory structure. For this reason, a variance is required.
48
City of Columbia Heights Planning Commission September 5, 2012
3918 Ulysses St - Accessory Structure Variance Case # 2012-0902
ACCESSORY STRUCTURES
The Zoning Code states that the combined square footage of all accessory structures
on the property may not exceed 1,000 square feet in area. The applicant has a 20' x
20' detached garage (400 s.f.), a 10' x 12' shed (120 s.f.) and the 24' x 10' cat kennel
(240 s.f.) measuring 760 square feet in total, meeting the City's minimum requirements.
The Zoning Code also requires all accessory structures to be no closer than 3 feet from
the side and rear property lines. As a condition of approval, Staff will require that the
setbacks be verified through the Building Permit process.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Residential. The use of accessory
structures in residential areas is allowed, and for this reason, the proposal is consistent
with the Comprehensive Plan.
FINDINGS OF FACT (Variance)
Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met
in order for the City Council to grant a variance. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to
use the property in a reasonable manner not permitted by the zoning
ordinance.
Although the cat kennel is considered an accessory structure, it is not used in the
same manner as a detached garage or storage shed. The very nature of this
structure requires it to be detached from the house and located in the rear yard.
Although the applicant has the option of removing the storage shed from the
property, he stated that he needs the shed for the storage of materials that
cannot be placed inside the principal structure. The cat kennel is also a
reasonable use of the property.
b) The conditions upon which the variance is based are unique to the specific
parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
The conditions upon which the variance is based are the fact that the applicant
has a detached garage and storage shed on the property and would like to retain
a structure that he built to house his cats outdoors. This is a unique
circumstance, as this is the first variance request of this nature that the City has
received.
Page 2
49
City of Columbia Heights Planning Commission September 5, 2012
3918 Ulysses St — Accessory Structure Variance Case # 2012-0902
c) The practical difficulties are caused by the provisions of this article and have
not been created by any person currently having a legal interest in the
property.
The practical difficulties are caused by the provisions of the Code. Staff sought
the City Attorney's opinion on how to classify the cat kennel. The cat kennel is a
structure that is not intended for a principal use. For this reason, the City
Attorney stated that it has to be classified as an accessory structure. Most
commonly, accessory structures, like garages and sheds, are used for the
storage of materials. This is a bit different since the structure will be used to
house animals.
The Zoning Code does not specifically address kennels in relation to being
accessory structures on a property. It is the City Attorney's opinion that staff
should look into this particular matter and propose a Zoning Amendment if need
be to clarify this issue.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
The Comprehensive Plan guides this area as Residential. The use of accessory
structures in residential areas is allowed, and for this reason, the proposal is
consistent with the Comprehensive Plan.
e) The granting of the variance will not be materially detrimental to the public
welfare or materially injurious to the enjoyment, use, development or value of
property or improvements in the vicinity.
According to the applicant, the granting of the variance would actually aid in the
enjoyment of the properties in the immediate vicinity, as his cats would not be
causing problems in the neighborhood.
RECOMMENDATION
Staff recommends approval of the variance to allow a third accessory structure on the
property. Staff feels that this type of structure is similar to a property owner building a
fence around his yard to keep his dogs from leaving the property. In this case, the
"fence" would have to be enclosed in order to keep agile cats from leaving the property.
The variance request is a reasonable use of the property, and for this reason, staff
recommends approval.
Motion: That the Planning Commission recommends that the City Council approve the
variance for a third accessory structure per Code Section 9.106 (C)(1)(a), subject to
certain conditions of approval that have been found to be necessary to protect the
Page 3
50
City of Columbia Heights Planning Commission September 5, 2012
3918 Ulysses St — Accessory Structure Variance Case # 2012-0902
public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. All application materials, maps, drawings, and descriptive information submitted
with the application shall become part of the permit.
2. The applicant must obtain a building permit for the kennel.
3. The kennel must meet the minimum setback requirements for an accessory
structure, being setback no closer than 3 feet from the side or rear property lines.
4. The kennel may house no more than 4 cats at any one time, with the
understanding that no more than 2 cats may belong to the owners/tenants of
each side of the duplex.
ATTACHMENTS
• Draft Resolution
• Location Map
• Site Plan
Page 4
51
1- [J {.�{( 3918 Ulysses Street NE
1 N 00 �9 V�0 3979 3974 3979
3975 3970
w_�`(1�_ _ `39� 3973
�, 3971 3964
09`96'9 3961 3963 3958 3967
u'9 6'j
�99�6'�,s 3947 3948 3955
3949
uP9 `l• 3941 3944
0.9 Sul S> 3945 3936 3937 3938 3947
9 9si� '3°'tO 3941 3932 (1) 3935 3934 3939
stj 3933
3928 (/) 3929 39
3929 3926 W 3930
3930
(f) 3925
3920 ` 3919 3927
3928 3919 3918 3918
3916 a 3915 3923
3915 9A2 39>> 3912 3917
1519 39
3911 390 `390) 3908
O t'7
ti M rn o M c, 3904 3909 in
in in N O O - - N O O
in t0 t0 to t0 (0 ti ti Co
3900 3901
39TH
3856 1600 o c0 N 3850 �. 3849 (N c0
N N O O
3850 U) '- '- '- U) 3845 CO CO
1506
3844 z 3845 3842 (i)
W
3838 ° 3839 3836 ›- 3841
3831 3820 Z 3830 = 3825
= 3825 3820
825 0 3819 3817
3818
819 3815 3812 3813
ft1/ 3816 1214 oodn I oono
Location Map
52
•sCANNED .
i
�/��
C. � wad 4oeLut .,, (,�'; ,Ure= Telephone 421-6340
LAND SURVEYORS
noka, Minnesota
- ��r 1131 - 1 53-32
CERTIFICATE OF SURVEY: t
•
T.
CLARENCE /HOLSTEN _ c".)30 ui
.. .„., , I PI
0 w kn o
�} 1��' Fc `y in ° w CU
E-I N i� yd
CO r �� ---L i ! .
Ea Cs
• D-- • ,„ . _ ;.,..., •
t tk i
co • `'�.
r'
�;iou k L C 0 fc rV �_ �� - 5 CAI. 1tl °" t
• . :t
1 DENOTE IP,awb
That part of Lot 6, Block 10, Auditor's , Subdivision of Walton's Sunny Acres Third
Addition, Anoka County, iiJ€ es)to des- \ criued as follows: Commencing at a point on the
South Ithe of said Lot 6 distant 50 feet A" West from the Southeast corner of said Lot 6;
Thence West on said Smith likes ,:istan( of 110 feet;
Thence North andgaa .ilei with the East
line of said Lot 6 to a point distant •A 31. 5 feet South from the North line of said Lot 6;
Thence East and parallel with the North . line of said Lot 6 a distance of 130 feet; Thence .
South and par .11el with the East line fir`-'" of said Lot 6 to a point on a circular turn-around
having a radius of 50 feet and having the renter of said•circic at the Southeast corner t'f said
Lot 6; Thence Sou.thwostcrly along said circle to the point of commencement.
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE
DESCRIBED LAND, AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID
LAND.
4th ;tiiay 64
AS SURVEYED BY ME THIS DAY OF A.D. €Q,.,••,,,,•..
N. C. FIOIUM AND ASSOCIAT,ES, INC. -- LAND SURVEYORS
G// rA 4.4°4'
, - '. a
...._ . ,
•
1.• 4-4,,, ',',1,,,,,„., -. ..,.,•,•,- ,P„,°'. , . .
f ..... .,,..,,,,,,•,',.",- ,.,..P.";,•'"4 •
•S',41,i1E,.'M
= „,4, / ' • 'Elik 4; "
.."12:25=1:04., : ' '''1!.'''i'' . -`, ,'• . Mt. '''''.• • .. ,
44r474. ,
....^..5...rtz „ - • ,p, e -., .541 4)6 „. * -•,•,- 41',, '
'We'•'''' ' Vt.' .,-,'friJoi..c." 416
,lef;' N,1,:*iit,,,...•
--• '• „*'%,. -74-e.,-, .
In .--...,_..... ... .. . _. . , ,., ... •?,,,...., .,,_ -, ft,,,t1.1., p
1 '. . ,.. ...
......e , - ,,..
... ,„
I
; ..0'-..5'•-• ' • - . ''11'vi.A iiJ• ' ', 1k!-I,- r
. - 44: •' "pi'''.•', 1,:r4`.:41.f.V',4i,- -1 .4 ' 1
' .
11 : •..' ',el' '.-: ' 4 "-,•,'!'"
, .
• • ,t . 1
..
, ..
- 4--
. , • . ;
1 •;., 4.44* 4
,•
;!.• 11 1 . ..•
- ,• , ... ..
1. • : ; •Ak: ''44\ .
,••••-.
I 1 ..-•-r• - _ -:- --- "774
1 I - 1.-....,,,,ii■
A
-
1 4 tof
•1111•:.11-c•7
, 1 •
' I .
,
. 1 •
1 L
•
. ./,
11,1..,.-1\.4.,:; • ' 'it- -
.-
0fit , ,,„..; .,
,,,._,,, . •:,, , :.
,. ,, ., ••21 w,"!.,
; • 1.4.40.
.A4.1'1,,,,tA ,•,':*,4 .
4f,•,‘,,;1, ':14-•).c , ; - ' ' • 4 1 I
' "••••■'4■•■• Ai'. '.4,..,.....'. , , ; . ; ' . 1 , , ; .. I,;.1.‘•-:..:,
.,....1. , , ; 1 . . 1 C•. * --. 1
, 4,,:..-,,,..—„/fi..,„,:,'..i, 1.' • tr. ; ' i--1 '. .. '. I ! .,,.`,,,v.. . 1 * -• I
':._ .:':',... -lii,,,;;itt: •''..„,t 1 r , • : , , , 1 -,,.c"0„„ , t -, .. _. . . • *••
. ., _......,..... . . .- , , . ! ,1 ,',.v
.
- ,, • i ! I 1 —,),-. 1 I . . .
• .-i AA .
1",1 1 I . • - '
_ r.,—..........• . ,.:I laa..-----st.,-.. ....:-.1._..—...._7.1. - wirer,
4.,.... ,.,,,,,,r . • - , I , 1 i
• i -
: , ..,,, ,,,i •. : \ ,
[ —mr:v-,• -,, -7-- ',- - i ,I , 1 1 1 I,, I. H i 11 .
1
NM
i W:1 Illkintik kb,wili i i..,
) , Aim% .:',•'' -r L.
_,t '_±.• - r"7.- : -;:., , _. mryi
."-.' .. ' -..r. ,i,,.,. .
oto . ...,,,,, . , , , ,,..„.;.,„„ ,.. losepo. , .
• , ■•
,
54
. . , ...)*‘. ' .-,,,ii : , ::.
.'I. .•. ",s4Ai,'"'. ..r4,,:, • ot.,: .:, ,11.,,t.„,4
. • .. .: ,..\.,, ,..... ,, .. ,,,,,,... - •.4. , , .1i' ,,g. 1-!;,:,,,, 4.1P,;,.. %et ...ri-,,,... ,
',',.' ,''-- ,„Itiffdri. ;., . . .4,! ,i •,.'4,' , 'd)4:,w '•' ,,,;„tf,,,„„x ifor .,
. '"114 . .,— . •..■.'''.: '.." . '. . '` .. r,;.r.'
• 'ty. . 0.. . , .3' . .*, , 1,*40,..,.: ' - c
' - .. ..Wi. : .,..'..,,,4*,, .,I,....,. ' .. , 0'.ii. ,,-,"'ir• !4 ',,37...yr..-"....'','-'
- 2-' 1. .,.;' 4Pi■,.,1-.. ' imp
, .■- ----...-IL , .,.., . F.. ..i - . ,, ,??,-Pi.Y.V''.;;Ji ''.' . •.,,`.
, • . .., .-. - : :,: , , . -1•,,..„.L.,, -.0,,.,. ,
II I,
1, 6 , .7 , .!__:!-——-'' ,.,..:- ':',...,,:•.,,I.'..,,t ;."., ;
rtr'.......4: '.f ",' . t ' y ,i1 v...04 ,,) ',.• .. l'',. v ,, I,,,r17 1141'4:7 .
...._. I '
• , ,,-"..,7--.0.4)1:,r...- ,...
i'''. . . -- ., 4 ■. ,=, 1 :,, ..' l'' . . ,'f,,','' ,.:, : . FiE.:,,, ...
'IL
1 I • - . - ...,
I '
Y 1
.,. 'I I. r• '.1'''....• 1.1 1.1.`
....* '
',
•''. 7-•.-i'.'.:'
.. ,
'4'-•:t•-,-.st.... . - ': •''' -
, .
.....
',Wks.P...(Vrt ,i, ,t•'', '.r1:- , I
''‘..-• )- ' - ' i''' ..)7
11.1'...11111111 ,, • ..,;LI,, 1106,.
0t, ' • s• '''!
lialD ....."''' '''..' . i ■'• . A , . , y • ,/,f j I i r i
4,, ,,,, "7. 3 ,,
'•, 4 ...1, ; .
• , ' ",fr.,. •'' '"‘,' ' ';'• „'.' '')--,. -', . ....,,, .•'.. .. ' ''''.. Y
..,,,.
" 1 k 14 .4: r '', ' ' ',; g.. - ''Vli ,'4".41 , - - * i. . e . -!. . ••, •'
ik't;.''‘ F6A ‘, -" '•' •,..'•'...;•!,,• ,;. ; , '••'‘ , ''. . • ': ' t6'441 ' •' Oe' 1
.' '-.4l'il4;P;f it.•V'' . X „2;').' ''';,. ...n °(.1 ' ''"" '. ,W7rd,'',.. .',,,,,, ' ''' t,' .
,•,?.,A"' ,■,*,...., . Cr": s. : I 4ji ' 'ttiS4P.1 44- • .7. 4:: 410"' , s
• I.:. p
3,,?. • 04`..t:' ' I':•': J,.,. . :.".,;.i:. ' .,Wr,1„-il;.''4,,, . '• .,,„' . -
4 .% ":,",.• , :...4,0'1:. ,*.. .•- -', t,,.., - .f.. -
. k
* To'''''.. , !',: 4,4 4 ,!.
,-.. .• . , , 1°1 .•••! ',. .:' 101... ..l' '' ' •
)1'''.'''\\l'•:•'1:42•61 '..• . , •, .. . ' 147''••.*'.!•71' 1 1'•... 1.'.•t0 1. ..' . • .
.1 .1 !,, ‘•'11• L$,...1.. .., ',,_ , •• •orial "•°""iallialli .,, NV661.,. ,: *RIEliallaZIII, ., .. 1' ''''•
,t: :.44441-----
, ,., ,-. , t ■1, ,,H,..,40t ArNiq: PAyliku..... ."--iiit " "410* g
"-• reliffittft.i. ,-,, ritopoonl r , .,.. .. ._
,,,a0.,
,,L , 4 , . alkiiiii 4.•;iitA i., ,, , : , .r, .
,i,-,
, . .' •-j or r'N-. '•-• H ,• .:.... ..t , ' -''''' 1 .,', '' J.'''r,„12o .) . 1 ' '• O, ,
''
I r
. .. I idi MI ,.),,' • ,,,' i,...:' .,r.,,,,-"1,,-i:::1:.-c-411_,,, ''
_,,,,_ . ----r1.11M.I ,.. ' ' •... r„_:'. ''"''-:.f',t' 1,'.'1,-. MN 1, .
' ..
-Tr-7- i ' '' .L '.' .1 .; Illiir4"I-. '.. 7 •.: - 'c' . - • . - li'' ■ .
- 4
4 t ,,, I , _,'' ' ,,, .:4'' '';''' ' • 4 ,..,4-.'. -- '‘‘'' i
;- ':'• 1•11r:'
T .. . , ., .. ., ..,
,i.
, ty'l ' L ''-'
. 1
-1 a Li '.. ' H :1 , I' .4''1.1 I •
- ■ 1 I , , -YA.-:., ,,r 1.1 •
' •' 11 ' ! '! 4. ,,,. .,.' ■ ' • • l•
\I, i . ..:, ..P C 6 i 11111• • '1. •i'..,f 6 t 4',.i. i 1 11.*
. ,
1, 1,-I, •
;I •
11 1111111110 \ • 7."4%. ,■ i. ,, - 'i .•
.,
.,/•-• - , 1 .
. .
55
H m -Fl-ts as ,CitkoleA as pos-s- '
DLL are_ 12..c.cculacP • -hr eat axle
LooLLOGQ. hOLLYe,, pro ro tout (1SteRsct .-E-evai toLt2_ ctecotik
Tacts
4,T it-ale seeco(00 c cot ( 1-e.±. out dour.) 'Ft',
reautr-\ .+0 0- ftcx.lev-A-ez- ckivvc9-
71- ka_be, co nu_ tvenAt, uLx)r(C,.. CLAk.& K.0.A1 to bur
r62-6 Cuv\_& „ fy\LtAkikc cowl) ry\k,r
Tkz, cats haL.b-t ails& 10.ekr\ oy), h... 11,1(2612c r2,06N
IrN +v124 7-tict_cLaen UL_Git .c6 +J\ / nit:sc,--31,\,6Ors 9acccie jts
ctc Pi o (a.ad,o ck._& rk tc3tb .e. cliy\& yLost,
rnivi,* cr .rv1/4sia tka r‘kiskioors OLL.SZO Loxt tL r
dwors wese- Litt °fen .
-C-aci we r\w/ck. tcanyuil. +Lein.
1(342_1 a oc.Do't&i.A.5 halo,
tcdt caAA cow Co +c +IVA
rnbst fui5K,b0 is r\O-VC-- ra-t-Cdd- +INQi c FtiAvAa
0,e_i% 46 S lk-OLO L'i-kuY\ 4-KL- urAuLc., houye, 'Coufiqi
+0 cz-vdralAA 4--kpfn
-Thafta__ tr\N_ Lir 4.te___ N2,1
akAA, ke5-ttas oectse,
cca op-222-6Eoe
2- 6-72
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: September 10,2012
AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S
Resolutions Community Development APPROVAL
NO:
ITEM: 1st Reading of Ordinance 1609,being a BY: Jeff Sargent, City Planner BY:
Zoning Amendment as it Relates to Temporary DATE: September 6, 2012
Signs.
BACKGROUND:
In early 2012,the City Council approved the establishment of the Community Development Steering Committee
("the Committee"). The task of the Committee was to conduct an extensive review of the Sign Code and Design
Guidelines to determine whether these articles are still relevant in today's society. The Committee was in charge
of overseeing any changes that might be made, with suggestions and recommendations to the City Staff, who
would then forward the recommendations to the Planning Commission and City Council. The Committee was
comprised of one resident, three business owners, one City Council member and one Planning Commission
member. They met for six sessions beginning in May, 2012, and have come up with some suggestions for
Zoning Amendments.
At this time, City Staff is representing the Committee by proposing a Zoning Amendment as it relates to
temporary signage. In order to promote new businesses that have moved into Columbia Heights,the Committee
proposes the City to allow each new business to utilize one"Grand Opening"sign per business for a period of 60
days. This banner would not require a permit and would not count towards the total allotment of temporary
banners (four) that a business may use in a calendar year. The purpose of this amendment is to allow new
businesses the opportunity to advertise their new arrival in an attempt to establish themselves in the community,
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing for the request on April 3, 2012. The Planning
Commission recommended approval of the Zoning Amendment with a 3-0 vote at the meeting.
RECOMMENDED MOTIONS:
MOTION:Move to waive the reading of Ordinance No. 1609,there being ample copies available to the public.
MOTION: Move to set the second reading of Ordinance No. 1609, for Monday, September 24, 2012, at
approximately 7:00 p.m. in the City Council Chambers.
Attachments: Draft Ordinance 1609(Ft Reading Format), P+Z Report
COUNCIL ACTION:
57
DRAFT ORDINANCE NO. 1609
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO TEMPORARY SIGNS WITHIN THE CITY OF COLUMBIA
HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.106 (P)(7) of the Columbia Heights City Code, is proposed
to include the following additions and deletions:
§ 9.106 SPECIFIC DEVELOPMENT STANDARDS
(P) Sign regulations. The following uses are subject to specific development
standards:
(7) Temporary signs. The following standards shall apply to temporary signs
in all zoning districts:
(h) Grand opening signs.
1. Each new business is permitted one (1) grand opening sign, at
the time when the new business is established in the city.
2. Grand opening signs do not require a permit.
3. Such signs do not count against the total number of temporary
signs allowed per property per calendar year.
4. Grand opening signs are allowed for no more than sixty (60)
consecutive days.
5. Grand opening signs must display a message consistent with
the promotion of the grand opening of the new business.
6. Grand opening signs shall be no greater than fifty (50) square
feet in area.
7. Such signs must meet all other applicable regulations for
temporary signage in the city pertaining to placement on the property, maintenance,
etc.
[Sections § 9.106 (P)(7)(i-k) shall be renumbered accordingly]
58
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: September 10, 2012
Second Reading: September 24, 2012
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
59
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2012-0903
DATE: September 5, 2012
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for Temporary Signs
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
In early 2012, the City Council approved the establishment of the Community Development
Steering Committee ("the Committee"). The task of the Committee was to conduct an
extensive review of the Sign Code and Design Guidelines to determine whether these
articles are still relevant in today's society. The Committee was in charge of overseeing
any changes that might be made, with suggestions and recommendations to the City Staff,
who would then forward the recommendations to the Planning Commission and City
Council. The Committee was comprised of one resident, three business owners, one City
Council member and one Planning Commission member. They met for six sessions
beginning in May, 2012, and have come up with some suggestions for Zoning
Amendments.
At this time, City Staff is representing the Committee by proposing a Zoning Amendment as
it relates to temporary signage. In order to promote new businesses that have moved into
Columbia Heights, the Committee proposes the City to allow each new business to utilize
one "Grand Opening" sign per business for a period of 60 days. This banner would not
require a permit and would not count towards the total allotment of temporary banners
(four) that a business may use in a calendar year. The purpose of this amendment is to
allow new businesses the opportunity to advertise their new arrival in an attempt to
establish themselves in the community.
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 a "Grand Opening" sign would aide in the
60
City of Columbia Heights Planning Commission September 5, 2012
City of Columbia Heights, Temporary Signs Case # 2012-0903
enhancement of the commercial areas throughout 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 a "Grand Opening"
sign would aide in the enhancement of the commercial areas throughout 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 2
61
CITY COUNCIL LETTER
Meeting of: September 10, 2012
AGENDA SECTION: OTHER ITEMS FOR ORIGINATING DEPT: CITY MANAGER
CONSIDERATION FINANCE APPROVAL
ITEM: BEING A RESOLUTION ADOPTING A 2013 BY: JOSEPH KLOIBER BY:
PROPOSED BUDGET, SETTING THE PROPOSED
CITY LEVY,APPROVING THE HRA LEVY,AND DATE: 09/06/2012
ESTABLISHING A BUDGET HEARING DATE FOR
PROPERTY TAXES PAYABLE IN 2013
NO: 2012-111
Background
As required under the city charter, the city manager provided the city council with his recommended proposed
2013 budget and tax levy at a regular council meeting in August. The related proposed resolution 2012-11 is
attached. Under state statute, the council must adopt a proposed budget and tax levy prior to September 15th
each year. Under this statute, the final tax levy adopted by the council in December can be less than the
proposed levy, but it cannot he greater than the proposed levy. This provides for the state's Truth in Taxation
process, whereby counties mail to each taxpayer a notice stating the proposed tax amounts for each jurisdiction
covering a property. These notices are received by the taxpayer in November. This allows the taxpayer time to
form an opinion on the potential proposed tax amounts prior to the final public hearing on the levy in
December.
Analysis
As stated in the city manager's 2013 Budget Message, the recommended proposed 2013 budget and tax levy
were prepared in amounts consistent with the city's five-year financial plan. Designed to reduce dependence on
declining state aid, the plan limits increases in operating expenses to less than changes in the consumer price
index. The 2013 phase of the plan caps operating expense increases at 2% for the city's tax-supported funds.
To provide a balanced approach to the problem of declining state aid, the plan also replaces some lost state aid
with property tax increases. The 2013 phase of the plan calls for a 4% increase in the total city tax levy.
As explained in the city manager's 2013 Budget Message however, the actual tax increase to city taxpayers is
less than 4%under the current tax system. Under the Area-Wide Fiscal Disparities revenue-sharing agreement,
a portion of the city's tax levy is spread to metro-area commercial properties outside of Columbia Heights. This
drops the average 2013 levy increase for all Columbia Heights taxpayers to 3.36%, with homestead property
increases being noticeably less than 3.36% on average, due to the exclusion of a portion of homestead value
from taxation (new for 2012.) This 2013 proposal follows two consecutive years of city tax decreases for most
Columbia Heights taxpayers.
We also note that the separate 2013 HRA levy of$209,790 included in the attached resolution is a 4% decrease
from 2012, and will result in the 4th consecutive year that this special district levy has decreased.
For discussion and review of the 2013 budget, attached is a schedule of meetings held to date and the remaining
meetings proposed to be held. Meetings indicated with an asterisk * have not yet been formally set by the city
council. At the September 4, 2012 work session, council members requested certain information in regard to
library funding and utility fund costs. This information is also attached.
62
City Council Letter,page two
Meeting of September 10, 2012
Proposed 2013 budget and levy
RECOMMENDED MOTION: Move to waive the reading of Resolution 2012-111 there being ample copies
available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 2012-111, being a resolution adopting a 2013
proposed budget, setting the General, Library and EDA proposed levy, establishing a budget hearing date for
property taxes payable in 2013 of December 10, 2012 at approximately 7:00 p.m. in the city council chambers,
and approving the HRA levy.
JK:nb
1209061COUNCIL
Attachments
COUNCIL ACTION:
63
CITY OF COLUMBIA HEIGHTS
DATE: SEPTEMBER 6, 2012
TO: MAYOR GARY PETERSON AND CITY COUNCIL MEMBERS
FROM: WALT FEHST, CITY MANAGER
RE: TENTATIVE MEETING SCHEDULE -ANNUAL BUDGET PROCESS
Meetings indicated with an asterisk *have not yet been formally set by the city council.
Monday August 10, 2012 - Regular City Council Meeting
City council received city manager's 2013 Budget Message, including proposed budget
and levy.
Tuesday Sept 4,2012—Work Session
Finance director reviewed city revenues and expenses in the context of the five-year
financial plan, with emphasis on the city manager's recommendation for the 2013 budget
and property tax levy.
Monday September 10, 2012 - Regular City Council Meeting
City council adopts a proposed budget and proposed levy.
Monday September 24, 2012—Executive Session*
City manager and HR director update the city council on status of collective bargaining
for 2013.
Monday October 1,2012—Work Session*
Division/department heads discuss trends and highlights from the department expense
page(s) of their respective budget book. This is the page(s) within each budget book that
includes narrative budget comments and a four-year trend of expenses by major category.
Monday October 29, 2012—Work Session*
Division/department heads discuss trends and highlights from the department expense
page(s) of their respective budget book. This is the page(s) within each budget book that
includes narrative budget comments and a four-year trend of expenses by major category.
Monday December 10, 2012 - Regular City Council Meeting
City council holds public hearing* on budget and levy.
City council votes on adopted budget and final levy.
64
CITY OF COLUMBIA HEIGHTS
DATE: SEPTEMBER 6, 2012
TO: MAYOR GARY PETERSON AND CITY COUNCIL MEMBERS
FROM: JOSEPH KLOIBER, FINANCE DIRECTOR/TREASURER
RE: RESPONSES TO QUESTIONS AT SEPTEMBER 4th, 2012 WORK SESSION
1) The Library Capital Building Fund 450 was established December 31, 2002 by transferring $200,000
of fund balance from the Library Operating Fund 240. In the view of the city council, this more
appropriately accounted for the purpose for which these funds were designated. These funds had been
accumulated in Fund 240 over a period of years prior to 2002. Currently, the Library Capital Building
Fund 450 has a balance of$255,000.
2) As currently drafted, resolution 2012-111 for the proposed 2013 budget and levy does not provide
any 2013 tax revenue for the Library Capital Building Fund 450. If this resolution were amended to
increase 2013 property taxes to provide revenue for Fund 450, the approximate effect on sample
Columbia Heights properties for 2013 is as follows:
Market Value of Homestead Property
As Estimated by Anoka County,
Before Homestead Exclusion $100,000 $150,000 $200,000
Estimated additional 2013 City Tax for
Every$100,000 of Levy Above 5 Year Plan: per year $7.18 $12.63 $18.08
per month $0.60 $1.05 $1.51
3) A history of certain major costs of the water, sewer and refuse funds is as follows:
2008 actual 2009 actual 2010 actual 2011 actual
Water purchased from City of Mpls $963,455 $992,621 $1,034,837 $1,192,653
percentage change base yr 3.0% 4.3% 15.3%
Sewer disposal by Metropolitan Council $840,904 $896,603 $866,612 $901,096
percentage change base yr 6.6% -3.3% 4.0%
Refuse tipping fees and hauler contract $1,077,531 $1,156,501 $1,238,703 $1,381,227
percentage change base yr 7.3% 7.1% 11.5%
65
RESOLUTION 2012-111
RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2013,SETTING THE PROPOSED CITY LEVY,APPROVING THE HRA
LEVY,APPROVING A TAX RATE INCREASE,AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN
2013.
NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is
hereby adopted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2013 is hereby approved and adopted with appropriations for
each of the funds listed below.
Expense
General Fund 10,632,442
Community Development Fund 231,249
Economic Development Fund 324,060
State Aid 171,677
Cable Television 103,312
Library 804,901
Infrastructure 152,297
Capital Improvement 294,228
Capital Equipment Replacement Funds 533,468
Construction Funds 2,157,000
Central Garage Fund 690,105
Liquor Operating 8,443,594
Liquor Capital/Non-Operating 557,347
Water Utility Fund 2,645,405
Sewer Utility Fund 2,339,047
Refuse Fund 1,800,656
Storm Sewer Fund 377,117
Data Processing 323,524
Debt Service Fund 2,487,817
Total Expense Including Interfund Transfers 35,069,246
Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds, including
general ad valorum tax levies and use of fund balances, as hereinafter set forth for the year 2013.
Revenue
General Fund 10,632,442
Community Development Fund 231,249
Economic Development Fund 324,060
State Aid 171,677
Cable Television 103,312
Library 804,901
Infrastructure 152,297
Capital Improvement 294,228
Capital Equipment Replacement Funds 533,468
Construction Funds 2,157,000
Central Garage Fund 690,105
Liquor Operating 8,443,594
Liquor Capital/Non-Operating 557,347
Water Utility Fund 2,645,405
Sewer Utility Fund 2,339,047
Refuse Fund 1,800,656
Storm Sewer Fund 377,117
Data Processing 323,524
Debt Service Fund 2,487,817
Total Revenue Including Interfund Transfers 35,069,246
66
Section C. The following sums of money are levied for the current year,collectable in 2013 upon the taxable property in
said City of Columbia Heights,for the following purposes:
Estimated General Fund Levy 7,973,404
Estimated Library Levy 777,000
Estimated EDA Fund Levy 84,811
Total 8,835,215
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy
for the fiscal year 2013 in the amount equal to the lesser of a levy at a rate of.0185 percent of taxable market value in the City or
$209,790.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is
scheduled for December 10,2012 at approximately 7:00 p.m. in the City Council Chambers.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the
County Auditor is authorized to fix a property tax rate for taxes payable in the year 2013 that is higher than the tax rate calculated
for the City for taxes levied in 2011 collectable in 2012.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on
General Obligation Bond Series 2006A in the amount of$106,739 and that the County Auditor is authorized to cancel the related
Bond Levy in its entirety for taxes payable 2013.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on
General Obligation Bond Series 2008B in the amount of$225,000 and that the County Auditor is authorized to cancel$225,000 of
the related Bond Levy for taxes payable in 2013, leaving a balance of$436,545 to be levied for taxes payable in 2013 for Series
2008B.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on
General Obligation Bond Series 2009A in the amount of$103,900 and that the County Auditor is authorized to cancel$103,900 of
the related Bond Levy for taxes payable in 2013, leaving a balance of$129,161 to be levied for taxes payable in 2013 for Series
2009A.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County,
Minnesota.
Approved this day of
Offered By:
Seconded By:
Roll Call: Ayes:
Nays:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
67