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HomeMy WebLinkAboutApril 10, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 10,2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 10, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS Proclamations 2006 Prayer Breakfast Mayor Peterson read the 2006 Prayer Breakfast Proclamation. The breakfast will be held on Wednesday, April 26. Nawrocki questioned who was on this committee and whether it is appropriate for the city to be involved in this. He stated that it is a good event, but to be careful to keep government and religion separate. Peterson listed the names of committee members. He indicated that meetings are held during staffs lunch time, and there is no intent to cross any church/state lines. Williams stated that the Mayor and his family prepare and serve the food, and that funds raised go into the Columbia Heights Activity Fund. Introduction of New Employees William Haugen - Assistant Liquor Operations Manager Peterson introduced Mr. Haugen and asked him to come forward. Mr. Haugen stated he lives in Brooklyn Center and has 14 years experience in this business. He worked for the City of Savage and Johnson Brothers distributing. Councilmembers welcomed him. CONSENT AGENDA Walt Fehst, City Manager, took the City Council through the Consent Agenda items. 1) Approve City Council Meeting Minutes for March 27,2006 regular City Council meeting Motion to approve the minutes of the March 27,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes ofthe January 24, 2006 Economic Development Authority meeting. b) Motion to accept the minutes of the April 4, 2006 Planning and Zoning Commission meeting. City Council Minutes April] 0, 2006 Page 2 of 15 3) Adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2006 - December 31, 2007 Removed 4) Authority to run the Police Department Grid 8 Detail from mid May to the end of September in 2006 Motion to authorize up to $15,000 in overtime funds to be used by the Police Department to place an additional officer in the grid 8 area for up to 20 hours per week from May to September 2006 and to appropriate $6,786.14 from unexpended 2005 funds and an additional $8,213.86 from the General Fund, unreserved fund balance for this purpose. Fehst stated this has been a successful program with good feedback from the community and from the Council. Nawrocki stated that by adding two police officers to the force we should be able to provide the extra patrolling. Police Chief Johnson stated that the new officers would not be on the streets on their own until late June. The citizens from the area requested this program. It was positive and calls were reduced by 13.8 percent. He referred to additional officers Minneapolis will add that will displace crime to the first ring suburbs. This would allow an officer to get out of the car to meet and know the people in the area. The program worked very well last year. Johnson commended the police supervisors that requested the program be implemented again this summer. He stated his belief that this is a minimum expenditure of funds with a huge return. Williams commended the Chief for under spending last year's fund allocation by $6,768. Nawrocki indicated that this should have been discussed at budget time and determined with other priorities. Nawrocki stated that the 4600 block of Washington and Circle Terrace area should be included also. Johnson stated that of every two hours, one-half hour is spent in those areas. Johnson stated this reduced calls dramatically last year. This is during peak times and is very important to have that omni presence; it makes a world of difference. Kelzenberg asked that officers also stop at Sarna's and check on them, as they have been broken into three times in the last three months. Diehm stated that she is very much in favor of a pro-active approach rather than reactive. Summer is a challenging time and we need to be supportive of this. Peterson stated that he was pleased with the progress in this area last year and pleased we saved a little money in the budget. Despite the money saved, he stated he would have recommended the coverage again this year. 5) Resolution 2006-50, Conditional Use Permit for Seasonal Agricultural Sales, Case #2006-0402 Motion to waive the reading of Resolution 2006-50, there being ample copies available to the public. Motion to adopt Resolution No. 2006-50, approving the operation of a seasonal mini-garden center at 2261 3ih Avenue NE from April 15, 2006 through July 15,2006, subject to the conditions outlined in the Resolution. City Council Minutes Apri] ] 0, 2006 Page 3 of]5 RESOLUTION NO. 2006-50 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WHEREAS, a proposal (Case #2006-0402) has been submitted by Frattalone's ACE Hardware Stores to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 37th Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit 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 City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and servIces. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 6) Approve the items listed for rental housing license applications for April 10, 2006 Motion to approve the items listed for rental housing license applications for April 10, 2006. 7) Approve reissue of rental housing license for 1124-26 45th Avenue as complies with City Code Motion to issue a rental-housing license to Delanza Elliot to operate the rental property located at 1124-26 45th Avenue NE in that the provisions ofthe residential maintenance code have been complied with. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 10, 2006 as presented. City Council Minutes April 10, 2006 Page 4 of 15 9) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116582 through 116751 in the amount of$498,343.91. 10) Adopt Resolution No. 2006-51, being a Resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. Motion to waive the reading of Resolution No. 2006-51 there being ample copies available to the public. Motion to adopt Resolution No. 2006-51, being a Resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. Fehst stated that the largest donation was from the Booster's, who contributed $32,000,000 to the Recreation program. RESOLUTION NO. 2006-51 ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS FROM DEC. 2005 - MARCH 2006 WHEREAS, the City Of Columbia Heights has received the following gifts from December 2005 through March 2006; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these gifts, subject to the donor-prescribed terms listed below: DATE DONOR PURPOSE COMM DEVLPMNT EDAM 2/1/2006 ECONOMIC DEVELOPMENT ASSN 1,000.00 SCHOLARSHIP 2/23/2006 PROFT, MAUGERITE 100.00 FIRE 2/23/2006 PARKS, LORRAINE 100.00 FIRE 2/23/2006 KREMER, ANN 100.00 FIRE 2/23/2006 CH OLD-TIMERS REUNION 334.22 FIRE 12/15/2005 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL 1/17 /2006 COLUMBIA HEIGHTS POST 230 130.00 PARKVIEW VILLA RES. COUNCIL 2/24/2006 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL 3/23/2006 COLUMBIA HEIGHTS POST 230 130.00 P ARKVIEW VILLA RES. COUNCIL FUND 883 CONTRIBUTED PROJ - SUBTOTAL GENERAL 2,154.22 12/21/2005 CH WOMEN OF TODAY 100.00 MURZYN HALL 1/17/2006 CH ATHLETIC BOOSTERS 30,000.00 YOUTH ATHLETICS 3/6/2006 CH ATHLETIC BOOSTERS 2,000.00 RECREATION 3/6/2006 CH LIONS CLUB 100.00 MURAL FUND 881 CONTRIBUTED SUBTOTAL PROJ-RECREA TION 32,200.00 TOTAL OF ALL FUNDS 34,354.22 Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items #3. Upon vote: All ayes. Motion carried. #3 Adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2006 - December 31, 2007 Nawrocki stated that we do not spend the time we should on this. It was previously stated that two work sessions were held, one less than one-half hour and the second was 45 minutes long. The sessions were held before some bargaining units were talked to. We don't get into details, which are City Council Minutes April 10, 2006 Page 5 of 15 important. The information given today does not give the existing salary. Nawrocki referred to the letter received from one bargaining unit, and indicated it was unfortunate that we did not meet with them as a courtesy. He stated that across the board percentage increases are getting out ofline; the City Manager gets $6,000 over two years and those that plow the streets will only get less than half of that. He stated that he realizes there has to be a difference in pay scales. In years past there were questions of dollar increases versus percentage increases. Williams stated it is important that we have Linda Magee as our negotiator with the Unions and that we do not interrupt or interfere with the negotiations. We could possibly meet with these people later. He stated that our capable Linda Magee can handle this. Williams stated that this group was 49'ers. We must remember there are different levels of pressure and responsibility. Nawrocki agreed there are different levels, but the rich get richer and the poor get poorer. He stated respect for those doing the negotiating, but the final decision is the Council's decision. In the end you only hear that Council approved the increases. The problem is we do not get all ofthe information. The problem with the City Manager is that he does not act as professional as he should. Williams stated that Council gave Magee the latitude to negotiate, so in a sense we did approve this. We did not vote on it until tonight. Magee stated that Council set the parameters. Nawrocki stated that it was pointed out that the maximum would not be the starting point. We should be told what the reactions and responses were. Peterson complimented Magee on her negotiations this year that she did very professionally and complimented the City Manager on his professional involvement. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006-47, there being ample copies available to the public. Nawrocki stated that we do not know the total cost for this year over last year for the same services. Diehm asked if this was not covered in our budget infonnation. Fehst stated yes. Peterson asked for concerns from the audience. There was no response. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1,2006 - December 31,2007. Upon vote: All ayes. Motion carried. RESOLUTION 2006-47 REGARDING lABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGiNEJ::RS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (lUOE), local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable eontract for calendar years 2006 and 2007. WHEREAS, a copy of said eontraet is available at the Offiee of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contraet agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. City Council Minutes April 10, 2006 Page 6 of 15 PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Business A) Discussion on modifying the Wine and Beer License for Billiard Halls Fehst stated that Jim Wetch, billiard hall owner, was given the information that only a 3.2 beer license could be considered, with an ordinance change. A strong beer and wine sale license requires, by state law, 60 percent of sales be from of food sales. Police Chief Tom Johnson has been to about six pool halls that allow liquor. The one facility that allows strong beer appears to be in violation of the law for food sales required. Fehst stated that he did not see any way we would be able to allow a strong beer license for Mr. Wetch's establishment. Chief Johnson stated he traveled to several billiard halls in the metro area and spoke to the managers regarding the request we received for a beer and wine license. He indicated that he had requested to take pictures of the other establishments, with all but one being very cooperative. Johnson stated that in conjunction with our City Attorney, he has detennined there are two major issues to over come. We cannot change state law. The state law requires that 60 percent of annual gross receipts be from the sale of food and requires seating for not less than 75 guests at one time to obtain a strong beer and wine license. Johnson read additional details from the State Statute regarding strong beer and wine licenses. Johnson showed a power point presentation of the different facilities he visited. He stated that at Q Sharks, a Burnsville pool hall, their food service area is very small, similar to Wetch' s. They claimed they were not . aware ofthe 60 percent sales requirement, and so appear to be operating outside ofthe law. The City of Burnsville did not return his call on how that license was justified. Williams commended the Chief for his research on this, and asked if the Star Bar meets the food requirement. Johnson stated they have a restaurant, which qualifies them for the higher priced liquor license. Johnson showed pictures of the Shooters Cafe in Burnsville, Biffs, Doc's Pool Room in Spring Lake Park, Coon Rapids Billiards, and the new Two Stooges in Fridley. These facilities either meet the requirements for a wine and beer license or only serve 3.2 beers. All establishments are able to lock up the alcohol at the appropriate time. There are signs showing that no one under 18 years of age is allowed without adult supervision. Johnson stated that we could possibly work toward a 3.2 beer license, but beyond that it would take a State Statute change to allow strong beer and wine. Fehst asked Jim Hoeft, the City Attorney, his definition of a restaurant. Hoeft stated the difference would be what State Statute requires for each type oflicense. For a 3.2 license it does not mention a restaurant, only the preparation of food. The prior interpretation of a past City Council was that prepackaged food for microwaves did not qualify as the preparation of food. This Council could decide that prepackaged food, pizza oven, or hot dog machine would qualify as the preparation of food for a 3.2 license. Johnson read the State Statute and City ordinance definition ofa restaurant. Hoeft indicated that the city's ordinance was modified several years ago with the goal to bring our ordinance in line with the State Statute. The adopted city ordinance was stricter than State Statute. Hoeft stated that Jim's Pro Billiards does not constitute a restaurant at this time. Wetch questioned if the type of food he served was understood and indicated that he does not use a microwave. Peterson stated that State Statute sets the 60 percent food sale requirement. Wetch debated that Mady's Bowl does not meet that requirement. He stated that he does not City Council Minutes April 10, 2006 Page 7 of 15 want alcohol, but times have changed and he needs to make it available. Wetch indicated he did not want to leave without resolving the issue, and asked if there is anything he can do to change, he will. He indicated that in order for him to stay in business, a liquor license is now necessary. Williams stated that we have to live with the law. Changes could be made to get a 3.2 beer license. Wetch referred to the Burnsville facility that has no more than 25 seats. Fehst stated that is the statutory requirement, but our ordinance requirement is 75 seats. Fehst stated that businesses would have to prove their percentage of sales at audit time. Hot dogs and hoagies do not constitute a restaurant. Hoeft stated that the Star Bar does not have a food percentage requirement, as they have our highest level ofliquor license. Fehst stated that level carries a high fee. Peterson stated that the Star Bar has a Class A license. He questioned the Mady's license. Johnson stated that we receive an annual audit report on the business. Hoeft stated that the Star Bar was historically not meeting the 60 percent of sales figure and were allowed the higher level license with the agreement that they would improve their percentages. Peterson suggested Mr. Wetch try to qualifY and work with a 3.2 license. Nawrocki stated that in the past Mady's had a regular restaurant with take out. With respect to the Star Bar, they started out as a nice restaurant, but kept pushing the envelope, and now call themselves an entertainment center. Nawrocki indicated concern for the liquor license request and the pitch to attract youth to the business. That is not a desirable thing for our community; we try to have family oriented businesses here. Nawrocki stated that he would not be in favor of this. Diehm stated that if we consider a 3.2 license, it would require us to change our position in our ordinance regarding minors. If we issued a 3.2 license Mr. Wetch would not be allowed to admit 18, 19, or 20 year oIds. That is a concern, as a large portion of the patronage appears to be youth. Diehm questioned if Mr. Wetch could live with the change of no one under 18 was allowed in his facility. Wetch stated that no one else does that and asked why it would be required of him. Diehm confirmed this meant that he would request the current ordinance be changed. Wetch stated yes. Fehst referred to the past Youth Commission that arranged for youth 14 and over be allowed into the pool hall without an adult. Fehst stated that with any type oflicense youth would be required to have adult supervision. Fehst stated that he has seen 3.2 beer work in other establishments. Wetch stated that it would be better than nothing, but asked that a determination wait until it is found how Q Sharks gets their license to see ifhe could do the same. Fehst stated that Mr. Wetch would have to meet the 60 percent food requirement. Wetch requested to change the poolroom ordinance. Hoeft indicated that we must follow State Statue and do not have the ability to modifY it. Jeff Bahe, 3701 Central, asked if the Star Bar, when applying for their liquor license, showed numbers proving the 60 percent food sales. Diehm stated that we have a Class 0 license for those not established enough to verifY the amount. Bahe asked ifWetch could pay the higher amount. Hoeft stated that a restaurant is a prerequisite. Wetch questioned how the City knows the percentage amounts. Peterson stated that each establishment is required to show their audit information proving the percentage of food sales versus alcohol sales. Kelzenberg indicated that Mady's Bowl does account for their percentage split. Wetch indicated that two places in Columbia Heights serve alcohol and do not meet the percentage requirement, and stated that the City overlooks it. Hoeft stated that the City does not overlook anything; we have a certified auditor sign each audit. City Council Minutes April 10, 2006 Page 8 of 15 Wetch again referred to Q Sharks and "how they run their business is O.K. with their City". Hoeft indicated that if Mr. Wetch can show the way that establishment is meeting the statutory requirement, he can bring that information to him and the Police Chief, and they can bring it to the Council. Nawrocki stated that to dispense alcoholic beverages you need a liquor license and there are rules that tie it into food services. The only reason the bowling alley has a liquor license is because of their restaurant, not because of the bowling. Wetch asked the requirements for a 3.2 license. Hoeft stated that Council would have to make a determination about changing the ordinance. Diehm questioned if the current ordinance covers minors. Hoeft stated that the 3.2 license ordinance currently does not allow pool halls. Nawrocki stated that even ifthe ordinance were changed there are still rules for dispensing alcohol. The owner would have to make up his mind to cater those that play pool or to those that come to eat and drink. Wetch questioned ifCouncilmember Nawrocki was against a 3.2 beer license for his establishment. Nawrocki indicated yes. Wetch questioned ifhe would have a majority Council vote for a 3.2 beer license. Fehst stated that he had mentioned limiting the age to 18. Wetch stated that other pool halls allow 17, 18, 19, and 20 year oIds, and Burnsville allows any age. Fehst stated there would be a way to card purchasers. Peterson stated that he felt age 18 was fine and suggested a Saturday afternoon league for kids, with beer sales shut down. Wetch stated he could have a separate area of the pool hall for youth. Peterson suggested he continue to work with staff on this issue and that the ordinance would still have to be changed. F ehst stated that an ordinance was prepared for this meeting, but was removed. Johnson read the City Code regarding this issue. Wetch asked clarification that City ordinances can be changed, but Statutes cannot. Diehm stated that she does not want to just see an ordinance change, but a plan before it is brought back to Council. Fehst stated that it seems a 3.2 license may be the only available option. Diehm stated that not only must Council be shown a plan; they must also be in favor of it and as a Council want to change that policy. B) Adopt Resolution 2006-48, Conditional Use Permit (CUP) for Off-Street Parking at 3827 Central Avenue. Case #2006-0201 Jeff Sargent, City Planner, presented a conditional use permit request from Jeff Bahe for off street parking for vehicles that have been repaired and employee's vehicles. The subject property has been used the last eight years for storage and vehicles to be worked on. This would require cleanup of the area. The Planning and Zoning Commission held a Public Hearing on this at their April meeting and recommend CUP approval with a 5 aye - 0 nay vote. Nawrocki stated that the Planning and Zoning Commission included strong requirements in this permit that we can live with. We went through this with the same applicant on 39th A venue. The paving requirement is understandable for weight restrictions and requested that existing parking areas be brought up to these standards. This is located at the east side of the alley. Nawrocki questioned the map indication of a vacant alley. Sargent stated this has been vacant for some time. He stated that the CUP is good for one-year period, and if the conditions not met within one year, that pennit would become null and void. Peterson relayed discussion from the Planning and Zoning meeting on the number 3 condition requiring a six foot high fence with 80 percent opaqueness. This seems to be counter productive on the north end of the lot where it abuts 940 39th Avenue. It would require slates City Council Minutes April 10, 2006 Page 9 of 15 on an area that abuts a parking lot and where there are already vandalism problems. Peterson asked Hoeft if Council could allow a variance to not closed this off. Hoeft stated that Council can review a variance, but this is not a variance. Peterson asked if the condition could be changed. Hoeft stated yes. Sargent stated that condition number three is a reiteration of the City Code and would have to be adhered to. He stated that Mr. Bahe could file a variance request. Peterson stated that if there was no hardship, how could a variance be granted. Hoeft stated that they would have to prove a hardship. Peterson indicated he has a year to comply the CUP and then can request a variance. Hoeft stated that he does not have a year to comply, but that conditions are reviewed on a yearly basis. There would be consternation if it took eleven months to comply and then he may not be allowed to continue for the next year. Diehm asked if Council could decide to change our zoning ordinance to reflect areas with adjacent parking lots by mutual consent of adjoining property owners rather than the variance request. Hoeft indicated that would be proper. Sargent stated that this condition could be suspended from the CUP. Hoeft indicated the proper procedure would be to approve the resolution giving the applicant the option to seek a variance. Nawrocki stated the screening requirements are for the aesthetic benefit and protection of resident's rights. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-48, there being ample copies available to the public. Upon vote: Kelzenberg, yes; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. Motion by Kelzenberg second by Diehm, to adopt Resolution No. 2006-48, approving an off- street parking facility located at 3827 Central Avenue, subject to the conditions stated in the Resolution. Upon vote: Kelzenberg, yes; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. RESOLUTION NO. 2006-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BARE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MN WHEREAS, a proposal (Case #2006-0201) has been submitted by Jeff Bahe to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3827 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concems 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 City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as detemlined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. City Council Minutes April 10, 2006 Page 10 of 15 6. The use and property upon which the use is located are adequately served by essential public facilities and servIces. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other 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 vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of 5- 7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, with required parking stalls measuring 9' x 20'. A minimum drive aisle width of 24 feet must be maintained at all times. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at Jeff's Bobby and Steve's Autoworld. All vehicles stored on the lot shall have current license tabs. 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. C) Adopt Resolution 2006-49, 2-foot Parking Stall Length Variance for Sarna's Restaurant, Case #2006-0401 Sargent stated that the Planning and Zoning Commission has heard the request from Jim Sarna for a two foot parking stall length variance. City Council has approved the preliminary plat, three other variances for this project, and the first reading ofthe vacation Ordinance. Sargent stated that the Zoning Code requires 54 parking stalls based on the maximum seating capacity of the restaurant of 180 people. The proposed development includes 74 parking stalls, at 9 feet wide by 20 feet deep. The applicant has requested a variance to reduce the parking stall depth from 20 feet to 18 feet, allowing for an additional 15 parking spaces. This would reduce parking in residential areas. The Planning and Zoning Commission held a public hearing and recommended approval of the variance by a 5-0 vote. Nawrocki questioned the communities surveyed on their parking stall sizes. Sargent stated that he surveyed close areas of a similar size, and indicated that Fridley does not have the 18 foot requirement. Nawrocki reterred to his comments early on in this process regarding the lack of parking for patrons and employees. Sargent stated that the requirements set forth in the City Code take employee parking into consideration. Nawrocki stated this was not adequate and recommended that our ordinance needs to be reviewed, especially when next to a neighborhood. He stated this developer already has three variances, is requesting another variance, and we still do not have a final plan for the area. We are practically giving the land away now at $75,000 and they want help on contaminated material removal. The basic problem again is putting too much into that space. Nawrocki stated he would continue to not support the request for that reason. City Council Minutes April 10, 2006 Page 11 of 15 Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-49, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-49, being a Resolution approving a variance from certain conditions ofthe City of Columbia Heights Zoning Code for Sarna's Restaurant, to approve the 2-foot parking stall length variance subject to the stated conditions. Peterson stated that when people plan in our community we have requirements in our zoning code that we have to live by, and these people have exceeded it. Upon vote: Kelzenberg, aye; Williams, aye; Kelzenberg, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Fehst stated his pleasure that building is soon to begin and he wished them extreme success. Nawrocki asked if the problem with Mr. Gondeck had been resolved. Peterson stated that we have addressed that issue and resolved it. RESOLUTION NO. 2006-49 APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JAMES SARNA OF SARNA'S RESTAURANT WHEREAS, a proposal (Case # 2006-0401) has been submitted by James Sarna to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3955 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance as per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on April 4, 2006; 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, where strict adherence to the provisions of this Ordinance would cause undue hardship. 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 difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4, The granting of the variance is in harmony with the general purpose and intel'll of lhe 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. BE IT RESOLVED, that the attached conditions, 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 (I) calendar year after the approval date, subject to petition for renewal of the pennit. City Council Minutes April 10, 2006 Page ]2 of 15 CONDITIONS: 10. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 11. All access isles for handicap accessible parking shall be at least 96 inches. 12. Four (4) handicap parking spaces are required for 76-100 total parking spaces. D) Appoint Activity Center Advisory Committee Kirsten Partenheimer, Community Development Specialist, indicated that at the City Council work session regarding a proposed activity center, it was determined that the first step should be to appoint members to the advisory committee. These names are listed in the Council packet. Peterson requested to add the name of Denny O'Connell, 1917 44th Avenue NE. The group would consist of 34 members that have requested to be on the committee or have been recommended by the City Council. Williams asked that Pastor Dan Thompson be added to the committee. Nawrocki stated his disappointment, as he has not seen any general solicitation for committee volunteers. Most are people that have been involved to promote this issue. He indicated that Streetar stated there would be both pro and con members, but it does not appear that we made that effort. Fehst stated Council had made anyone welcome on both sides of the issue; and if interested they can still call us. We could bring forward additional names for Council appointment. Partenheimer indicated that the first meeting would be on April 26th at 7 p.m. at Murzyn Hall. She indicated the Mayor's desire that the committee members devote their time to this from the very beginning. Discussion indicated that Staff and Councilmembers would only participate in an unofficial capacity. Peterson stated his desire to move forward on this issue. Hoeft reminded Council that there would be meeting notification requirements. Nawrocki relayed the unhappiness of two School Board members with their involvement in the process. It should be a hand in hand process, with the cost shared. Fehst indicated there was a meeting with Superintendent Kaldor and several School Board members discussion concerns of hiring a consultant. Money is an issue for them, and any funds would require a reduction in classes. They want to be part ofthe process through support and input. There will be about ten people from the School District on the committee. Nawrocki stated it is easy to be supportive if you don't have to contribute money, and the City is not flush either. We should have the same restraints to raise taxes that the School Board has and should support levy limits. Motion by Diehm, second by Williams, to appoint residents interested in participating on the Activity Center Advisory Committee Members as identified in the council letter list. Upon vote: All ayes. Motion carried. ADMIN!STP~t\ TIVE REPORTS Report of the City Manager . Nawrocki reported to him a resident call on a sink hole in their yard. Typically, the City supplies fill material. This was between property lines, one of which was a Habitat home. Viewed the property on his own and with staff. Habitat for Humanity was contacted and after viewing the problem agreed to work with the City and resident to correct the problem. We have no obligation to this problem, but the Mayor indicated he would personally be the general contractor to see the problem to completion. Spoke highly of the Mayor's contributions to this community. City Council Minutes April 10, 2006 Page 13 of 15 Williams asked if there would be a work session next Monday night. F ehst stated no. Nawrocki commended the Mayor for helping with the sink hole problem. He disagreed that it was a civil matter. The hole is 30 feet deep by 10 feet wide. This is the kind of situation that we should help citizens with. We have engineering people and maps of the utilities and we should make an honest effort to help people. Fehst indicated that the Mayor's efforts, even though this was on private property. We have a responsibility to not get involved, but if we can help as volunteers, we will do so. Nawrocki spoke of a youth that fell in and drowned in a sink hole. Report of the City Attorney - none. CITIZENS FORUM - none COUNCIL CORNER Peterson stated that as residents are asked to limit comments to five minutes so are Councilmembers. Nawrocki . Stated his disagreement with a five minute limit. . Moonshoe Players perfonned last week at Murzyn Hall. This is a recreation program for middle school students. The next performance will be August 8. . Alumni Gathering will be Sunday, April 30 from 1 :00 to 5:00 p.m. at Murzyn Hall. This will be the first annual Columbia Heights High School get together. It will be a social event with short program. The Mayor will promote purchasing bricks to support the clock tower. This will be the last opportunity to sign up for a brick. . Still looking for a financial report ofthe Huset Park development. He has met with Streetar, but did not get a full report. The project is worth millions and we don't have a good record of it. This is necessary to collect our share ofTIF. . Stinson traffic light in front ofthe Heights Manor senior citizen facility needs to have a longer time setting. Fehst stated that Hansen has asked for this change. . Suggested when there are five Mondays in a month that a work session be held on that Monday. . Requested an update on the house at 42nd and Cleveland. Fehst stated his belief that they sold the house and put thefence back up. The building oJficial has indicated they are speaking of demolishing the home. Peterson questioned when the 60 day time limit is up. . The reference to cars in the middle of that block should include removal of a stack of tires that are clearly in violation of our ordinance. . Property tax statements - everyone's property tax went up, not only because of the school referendum. His personal increase was ten percent. Would like to find out why the city tax was ten percent rather than the five percent indicated at budget time. . Anoka County's l50th anniversary celebration is looking for community support. The Columbia Heights Historical Society has indicated willingness to work on the program. . A performance review of the City Manager should be held to detennine any salary adjustment. Read the requirement from the contract. Williams indicated that a performance review may increase the salmy above the current adjustment. Also indicated that expenses of the City Manager should receive Council approval. Diehm . County Commissioner Kordiak has offered assistance to process Property Tax refunds for residents from April 24th to June lih. City Council Minutes April 10, 2006 Page 14 of 15 . With the change in the weather it is great to see residents out cleaning up their yards. If there are questions on refuse or recycling, call BFI or Jean Kuehn, our Recycling Coordinator. . Watch out for children on bikes. Kelzenberg . Also watch for people on motor scooters. . Read the Police matters from the Green Sheet. Columbia Heights Police assisted with evidence from the Uptown homicide. . Referred to a problem with a neighbor. Went and talked to them and explained our recycling program. They did not previously understand how this was done and were grateful for the infonnation and cleaned up the problem. Remember this is a diverse society and everyone may not understand our culture. Stated his appreciation for them cleaning up their property. Williams . Referred to Officer Paul Boonsteel's honor of being named Traffic Officer ofthe year and the newspaper article on it. . Our form of taxes is Ad Vlorum. One person complained that his value went down. County tax increases were higher than our City, and the school referendum was also part of the increase. Most of our citizens will be eligible for property tax refunds. . Will purchase memorial bricks for Al From, Esther Watson, and his parents. . Reminded everyone of the Citywide Prayer Breakfast. The Constable from Jamaica will be the guest speaker. He will also be speaking in St. Cloud. . We all don't have to agree, but must respect each other. . Referred to Pastor Briley's request for peace and unity of our citizens. Stated his agreement. Peterson . There will be a program on meth problems on April 18 at the High School. It will be very enlightening. 80 percent of crime, or higher, is due to drugs. . There will be a depression awareness session on May 2nd. Suicide takes more people than homicide. Students and parents should attend this. Liz Bray from our Recreation Department is handling this. Our Recreation Department does a great job with youth and seniors. . The Prayer Breakfast will be April 26th. . Dedication of the Clock Tower will be June 23 at 1 :00 p.m. at 40th and Central by the clock. There will be a few surprises. Brick sales will end April 30, to give the engraver time to do his job. Requests that all commissions, boards, departments and department heads take pictures of their groups to include in the time capsule. We are getting down to the wire and we want everyone involved. Nawrocki indicated that the fence behind the old Bridgeman's restaurant is in terrible shape. Wargo Court Park needs clean up. Peterson stated this is a good time for Spring clean up. With the wind blowing trash around asked that everyone look at their yards, homes, businesses, and apartments and start picking up, cleaning up, and painting to get our community in the best shape we can. Williams wished everyone a happy Easter. Peterson stated that everyone on the City Council wishes everyone in the community and staff a wonderful Easter and holiday. Don't take ourselves too seriously and do a random act of kindness. City Council Minutes April 10, 2006 Page 15 of 15 ADJOURNMENT Mayor Peterson adjourned the meeting at 9:35 p.m. -" /I:)'" - \) \, ,:1::_;0 j. t.A...);:j}...J.-{'..{,~___ ~-4-<.-~ni~(4 Patricia Muscovitz, CMC I) Deputy City Clerk/Council Secretary