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HomeMy WebLinkAbout06/13/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 13, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 13, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Pastor Dan Thompson, Columbia Heights Assembly of God Church, 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 Nawrocki asked that consent agenda items C, D, E, F, and H be removed for discussion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation - 2011 Humanitarian of the Year - Sue Murzyn Peterson indicated that prior to this meeting the Council chambers was filled with people to celebrate Sue Murzyn, the 2011 Humanitarian of the Year. Peterson read a biography of the many volunteer activities that Sue Murzyn gives her time too. She will ride in the Jamboree parade, received a plaque, a $50 savings bond from Northeast Bank, and $25 gift cards from Santa's Grill and Tasty Pizza. Murzyn thanked everyone for this honor and introduced her family and friends. B. Proclamation - Columbia Heights Senior Program - 25th Anniversary Peterson read the proclamation and presented it to Senior Coordinator Karen Moeller. Moeller described the history of the program and listed the upcoming events to celebrate this anniversary. She thanked the city, organizations, businesses, and churches that have supported this program for the last 25 years. C. Introduction - Assistant Finance Director Jaclyn Senko Joseph Kloiber, Finance Director, introduced the new Assistant Finance Director Jackie Senko. He listed her background in finance. Senko thanked the Council for this job opportunity. Peterson welcomed her and stated that she has already been busily moving around the office. D. Columbia Heights Athletic Boosters Donation to the Recreation Department David Payne, Columbia Heights Boosters, presented the city a $20,000 check for our recreation programs. He stated that the Boosters work hard at Sara's Grill, Albert's restaurant, Chevy Grill restaurant, and have pull tabs at two of our liquor stores. The Booster's meet every third Wednesday at Murzyn Hall at 7:00 p.m. and he invited anyone to join. Peterson thanked the Boosters for their contribution and continued hard work to donate such large amounts of money to the City. Diehm stated that the Boosters also sell brats and hot dogs on Saturdays during the summer at our Central Avenue liquor store. Motion by Nawrocki, second Diehm, to waive the reading of Resolution No. 2011 -40, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, June 13, 2011 Page 2 of 13 Motion by Nawrocki, second by Diehm to adopt Resolution 2011 -40, and accept the gift of $20,000 from the Columbia Heights Athletic Boosters. Upon vote: All ayes. Motion carried. Keith Windschitl, Recreation Director, thanked the Boosters for their donations and indicated areas where these donations are essential. Peterson thanked the recreation staff for the work they do and the active recreation program we have. E. Columbia Heights Jamboree - upcoming events Liz Bray, Recreation Coordinator, listed the upcoming Jamboree events, including the Tasty Pizza $1,000 medallion hunt, fireworks, Booster's spaghetti dinner, Rick Johnson and the Outdoor Knowledge fishing clinic, Lion's beer garden, camival, adult softball tournament, home -run derby, 5K run and walk, the fishing tournament, Heights Idol competition, Women of Today craft fair, and a police and fire child safety class. Diana Pierce of Channel 11, Pat Profi, and Tom Sherohman will judge the Heights Idol competition. Miscellaneous Bray showed pictures of the Target and Home Depot employees that donated their time to paint park buildings and a program room at Murzyn Hall. Peterson requested thank you letters be sent to them. Peterson announced Malcolm Watson's reminder that tomorrow is Flag Day. Peterson stated that this year was the fifth Sister Cities Young Artist Showcase. The last two years our winners were the national champion. This year, our winner, Sirilak Mingkwan, is in the top five national winners. It is wonderful tribute to our community. CONSENT AGENDA Schmitt requested to remove item G for discussion. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve minutes of the May 23, 2001 City Council meeting. Motion to approve the minutes of the May 23, 2011 City Council meeting. B. Accept Board and Commission meeting minutes Motion to accept the May 2, 2011 minutes of the Economic Development Authority. Motion to accept the June 7, 2011 draft minutes of the Planning and Zoning Commission. Motion to accept the May 4, 2011 minutes of the Library Board. Motion to accept the May 2, 2011 minutes of the Traffic Commission. C. Adopt Resolution 2011 -35, being a Resolution Supporting the Concept of Cooperation and Collaboration - removed D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All - Hazard Mitigation Planning with Anoka County.- removed E. Adopt Resolution 2011 -34, being a resolution establishing a list of public nuisances for immediate abatement.- removed City Council Minutes Monday, June 13, 2011 Page 3 of 13 F. Adopt Resolution No. 2011 -38, being a Resolution requesting Mn /DOT consideration of funding through the Metro Municipal Agreement program for the construction of right turn lane from 49th Avenue NE onto southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central Avenue) - removed G. Adopt Resolution No. 2011 -43, being a Resolution restricting parking on 50th Avenue adjacent to 4955 and 5001 Central Avenue - removed H. Authorize to seek bids for Hart Boulevard Trail, from 37th Avenue to 39th Avenue - removed I. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for June 13, 2011 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications Motion approve the items as listed on the business license agenda for June 13, 2011 as presented. K. Review payrnent of the bills Motion that in accordance with MN Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139136 through 139339 in the amount of $1,025,946.33. Motion by Nawrocki, second by Schmitt, to approve items A, B, I, J, and K of the Consent Agenda. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -35, being a Resolution Supporting the Concept of Cooperation and Collaboration Motion by Diehm, second by Williams, to waive the reading of the resolution, there being ample copies for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2011 -35, being a Resolution Supporting the Concept of Cooperation and Collaboration to Promote Greater Efficiency in the Use of Public Resources. Nawrocki reported on the Anoka County elected officials meeting where this was discussed. Fehst stated that we already have cooperation in our police and fire departments, and Aleksandr Chemin, our IT Director, has worked collaboratively on countywide internet access. Nawrocki indicated that our Public Works Department does joint bidding for road work. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All - Hazard Mitigation Planning with Anoka County. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2011 -44, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2011 -44, adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County. City Council Minutes Monday, June 13, 2011 Page 4 of 13 Gorman stated that in 2005 -2006 the Council passed a resolution participating in a county hazard mitigation plan. Through a grant and planning of all communities, this plan was submitted to FEMA. The plan is 365 pages, with a 205 page appendix, and must be updated every five years. The All-Hazard Mitigation plan allows us to receive funding and mitigation for projects, usually through public works. This resolution is a statement of interest that we are part of this plan and approval to begin the update work for completion by the end of next year. Schmitt stated she was not involved with the original plan and requested this item be tabled to give her a chance to review the original plan that she received at this meeting. Motion by Nawrocki, second by Schmitt, to table Resolution 2011 -44, adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County to the June 27, 2011 Council meeting. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2011-34, being a resolution establishing a list of public nuisances for immediate abatement. Gorman indicated this resolution is to ensure that everything from the prior resolution is in the correct spot, following an update to the City Code where the garbage and maintenance codes were moved to another section. Schmitt requested to table this item to the next meeting, allowing her time to review this in the City Code, which she just received tonight. Nawrocki stated this material does not indicate its location in the City Code. He questioned if this was relevant to recent conversations regarding driveways. Gorman stated that nothing was changed regarding driveways, only long grass and weeds. This resolution is for small nuisances. The reference to sidewalks and driveways is for items such as snow shoveling and ice removal. Diehm indicated that Nawrocki was referring to the discussion to require permits for driveways. This resolution is for things that should be handled right away. Fehst cited the example of TV's left at curbs so we can pick them up and bill the property owner. Jeff Sargent, City Planner, stated that Council member Nawrocki was referring to the Council approval of an ordinance change for driveway setbacks to property lines to accommodate smaller lots. It was decided that a permit should be required, but there will not be a permit fee. Motion to table by Schmitt, second by Nawrocki, Resolution 2011 -34, being a resolution establishing a list of public nuisances for immediate abatement. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, nay. 4 ayes — 1 nay. Motion carried. Peterson stated this item was on the Wednesday preliminary agenda and if there were questions, members should have requested more information then. Nawrocki stated that the packet document did not include the various sections. Peterson suggested eliminating the Wednesday draft agenda to lighten the load for staff. Diehm stated it is unusual to receive a pre- agenda. F. Adopt Resolution No. 2011 -38, being a Resolution requesting Mn /DOT consideration of funding through the Metro Municipal Agreement program for the construction of right turn lane from 49th Avenue NE onto southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central Avenue) Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2011 -038, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, June 13, 2011 Page 5 of 13 Motion by Diehm, second by Williams, to adopt Resolution No. 2011-038, being a resolution requesting Mn/DOT consideration of funding through the Metro Municipal Agreement program for the construction of a right turn lane from 49th Avenue NE onto southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central Avenue). Nawrocki commented that this is in Hilltop and is a county road. Hansen indicated the concern with afternoon school traffic. This has been discussed with the schools, Hilltop, and the county. The right turn lane would narrow one of the lanes and leave in the sidewalk. Nawrocki stated that he has not seen a drawing of this. Hansen stated that discussions are still in process. Nawrocki stated that there are traffic backups at 49 and 50 Avenue. You wait longer at the lights because MnDot has changed the timing of the signals. Diehm stated there were traffic concerns with the Aldi development approval and staff was asked to research a turn lane. Cost was a factor, but there are now funds available and this is a request to apply for funding. She commended Hansen for bringing this forward and working with the other entities. She stated her full support for this resolution. Schmitt referred to the discussion at the work session about the cooperation between our two cities. Upon vote: All ayes. Motion carried. G. Adopt Resolution No. 2011 -43, being a Resolution restricting parking on 50th Avenue adjacent Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2011-43, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2011 -043, being a resolution restricting parking on 50th Avenue NE adjacent to 4955 and 5001 Central Avenue NE, based on the recommendation of the Traffic Commission. Schmitt stated a Traffic commission member was present and asked if he wanted to speak. He did not. Upon vote: All ayes. Motion carried. H. Authorize to seek bids for Hart Boulevard Trail, from 37th Avenue to 39th Avenue. Motion by Schmitt, second by Williams, to authorize staff to seek bids for the Hart Boulevard Trail Project, from 37th Avenue to 39th Avenue. Nawrocki questioned available funds and if this will deplete our funds. Hansen stated that as of June 6 111 we have $420,000 available to us. After the bridge and state aid projects we will have $161,000 available to us. We expect the current bid to be $70,000 to $80,000 and our portion would be about $55,000. Hansen stated that with the possible state funding shut down, we have been notified that outstanding payment requests are to be submitted by June 30. We will receive our bridge reimbursement requests. Peterson stated that at his attendance at the Mississippi Water Shed meeting they recommended moving trails away from roads. Upon vote: All ayes. Motion carried. City Council Minutes Monday, June 13, 2011 Page 6 of 13 PUBLIC HEARINGS A. Adopt Resolution 2011 -041 being Resolution for the Approval of an animal shelter located at 5019 University Ave. Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -041, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2011 -041, approving the Conditional Use Permit for the animal shelter located at 5019 University Avenue, subject to the conditions outlined in Resolution No. 2011 -041. Sargent stated we were contacted by this business as to where they could locate. In May the Council amended the zoning ordinance to locate animal shelters in the general business district with a conditional use permit. Gentle Touch Sanctuary will have mostly cats and kittens, and random small dogs and will work with local pet stores on adoption. They are sanctioned by the State Board of Animal Health. The Planning and Zoning Commission voted 5 -0 in favor of the project. Nawrocki stated he visited the site. Sargent stated the indoor area must be sound proofed and odor controlled. Owner Sandy Langer, 4900 France Avenue, Brooklyn Center, stated they will be the only occupant in the building. Schmitt asked how long she was at her current location. Langer stated she has been in business for ten years and at her current location for eight years. Peterson closed the public hearing. Nawrocki stated that the grass needs to be cut at this location. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2011 -042 being Resolution for the Approval of LED sign located at 2105 — 37th Avenue. Sargent stated this is an application for a LED sign at our Top Valu Liquor Store. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -042, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2011 -042, approving the Conditional Use Permit for an LED sign located at 2105 — 37th Avenue NE, subject to the conditions outlined in Resolution No. 2011 -042. Nawrocki stated this would be a detriment to the community and indicated he is against the motion. Diehm indicated she also had concerns, but by majority the sign ordinance passed and this should be judged on the laws as passed. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — I nay. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions City Council Minutes Monday, June 13, 2011 Page 7 of 13 Second Reading of Ordinance No. 1600, Pertaining to Chapter 8, Sections 75 through 86, Local Improvements and Special Assessments Motion by Williams second by Schmitt, to waive the reading of the ordinance, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion: Williams second by Schmitt, to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported on consequences of the State not passing a budget and how the city could be affected. The biggest concern is payments of local government aid, property taxes, and motor fuel tax refund. He referred to fund reimbursements due by June 30. There may be traffic and emergency management issues. In an emergency, the State Fire Marshall would still be available. The Recreation Department's 21 Century Grant money may affect our summer recreation and library programs. The State does our electrical and boiler inspections, so we may need to hire a certified inspector. Nawrocki attended the Anoka County Joint Law enforcement meeting on consolidation of communications. They have hired a consultant to do a study and will come back with a recommendation. The annual League of MN Cities conference is in Rochester this week. He has signed up to serve on the finance committee. Nawrocki questioned 4032 Van Buren, which is a six unit building, only having residential garbage containers. The community garden at 4035 Washington has debris and excess dirt on the lot that was not removed. He questioned the cost of the city picnic — he will pay for his own meal. Nawrocki indicated that with the budget coming up he will look harder at small funds that are not accounted for and how much we have collected and spent of the county community development money. He requested that the budget process begin earlier. We need to take into account the resident's situations when considering the tax levy for the coming year. He spoke of cutting back in the Community Development Department. Report of the City Attorney — nothing to report CITIZENS FORUM Brian Olson, 5092 Rosemont, Falcon Heights, indicated he felt there were still issues with the new video system and indicated what he felt they were. Peterson asked him what his interest in our system was. Olson referred to his municipal experience. He questioned if a copy of the meeting would be available at the library tomorrow. Fehst stated yes. Hoeft stated that information beyond that would require a data request form to which the Assistant to the City Manager would respond. ADJOURNMENT Peterson: Don't forget our service men and women. They are heroes every day. Don't forget the Jamboree next week. Don't take ourselves too seriously, and do a random act of kindness. Peterson adjourned the meeting at 8:41 p.m. City Council Minutes Monday, June 13, 2011 Page 8 of 13 Patty Muscovitz, CMC y Clerk RESOLUTION 2011 -35 BEING A RESOLUTION SUPPORTING THE CONCEPT OF COOPERATION AND COLLABORATION TO PROMOTE THE GREATER EFFICIENCY IN THE USE OF PUBLIC RESOURCES WHEREAS, the county, cities, and school districts in Anoka County have been meeting to explore and improve the cooperation and collaboration between the local units of government; and, WHEREAS, the local units of government in Anoka County have a history of working together to reduce costs and provide efficient services; and, WHEREAS, the economic, social, and civic environments continue to change requiring local units of government to develop new methods of service delivery; and, WHEREAS, the changes in the roles and working relationships of elected officials, staff, and constituents, the evolution of the services to be delivered, and the degree and accountability of authority require vision - driven leadership; and, WHEREAS, we must lead through an uncertain financial future, unstable economic conditions, undesirable financial trends, unfamiliar budget practices, changing organizational models, worried employees, and a concerned population: NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights embraces the concept of cooperation and collaboration to promote greater efficiency in the use of public resources and is committed to exploring opportunities. BE IT FURTHER RESOLVED that the City of Columbia Heights supports the efforts of the City, County, and School Collaboration Project and endorses the five principal focus areas: 1. Trust and In €ormation Sharing: Establishing an environment of trust among the cities, county, and school districts, and developing better working relationships and providing more cost - effective public services. 2. Service Sharing: Facilitating efficient and cost - effective sharing of services, facilities, and other resources. 3. Fiber and Technology: Maximizing the use of fiber and shared technology to support public services. 4. Economic Development: Promoting a business - friendly environment that expands and retains a dynamic range of business and industry within our communities. 5. Citizen Communication: Developing effective, consistent, and ongoing communication networks with citizens, businesses, and other stakeholders. BE IT FURTHER RESOLVED that City of Columbia Heights employees at all levels are encouraged and directed to work with their counterparts in other governmental units to identify opportunities for cooperation and consolidation. RESOLUTION 2011 -038 BEING A RESOLUTION REQUESTING Mn/DOT CONSIDERATION OF FUNDING THROUGH THE METRO MUNICIPAL AGREEMENT PROGRAM FOR THE CONSTRUCTION OF RIGHT TURN LANE FROM FROM 49 AVENUE EASTBOUND TO SOUTHBOUND TH 65 (CENTRAL AVENUE) AND FROM 50 AVENUE WESTBOUND ONTO NORTHBOUND TH 65 (CENTRAL AVENUE) WHEREAS, the City of Columbia Heights proposes to construct a right turn lanes from 49"' Avenue NE onto southbound TH 65 (Central Avenue) and from 50'" Avenue NE onto northbound TH 65 (Central Avenue); and WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department of Transportation. WHEREAS, the City of Columbia Heights is committed to providing the local share of the costs if the project is selected as part of the Metro Municipal Agreement Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements be shared between the Minnesota Department of City Council Minutes Monday, June 13, 2011 Page 9 of 13 Transportation and the City of Columbia Heights; and BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements, and before the contract letting for the construction of said improvements, the Minnesota Department of Transportation shall prepare an agreement to provide for the State to pay its share of the costs of the improvements in accordance with the latest "Procedures for Cooperative Projects with Municipalities ". RESOLUTION NO. 2011 -043 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS ON 50 AVENUE NE ADJACENT TO 4955 AND 5001 CENTRAL AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, this Resolution was passed this 13 day of June, 2011, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WITNESSETH: WHEREAS, the existing street, 50 Avenue NE, does not provide adequate width for effective traffic flow with parking on the street near TH 65 (Central Avenue); and WHEREAS, future "City" plans may include the improvement of 50 Avenue at TH 65 with the addition of a right turn lane. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles along 50 Avenue NE adjacent to 4955 and 5001 Central Avenue at all times. RESOLUTION NO. 2011 -041 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE GENTLE TOUCH ANIMAL SANCTUARY TO ALLOW AN ANIMAL SHELTER WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0602) has been submitted by Sandee Zander to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 5019 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(s), to allow for an animal shelter in the GB, General Business District at 5019 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 7, 2011; 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 City Council Minutes Monday, June 13, 2011 Page l0 of 13 not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor kennels shall be prohibited. 2. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six-foot tall privacy fence that is at least 80% opaque. 3. All indoor activity shall include soundproofing and odor control. 4. The tenant space must be ventilated in accordance with the International Mechanical Code. 5. The owner shall hold a current Minnesota Board of Animal Health license. RESOLUTION NO. 2011-042 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0603) has been submitted by Top Value Liquor to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2105 — 37th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c), to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 7, 2011; 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 penult 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 dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 4. The images and messages displayed must be static, and the transition from one state display to another must be City Council Minutes Monday, June 13, 2011 Page 11 of 13 instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. ORDINANCE NO. 1600 BEING AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 75 THROUGH 86 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS The City of Columbia Heights does ordain: Section 1: Chapter 8, Sections 75 through 86 of the Charter of the City of Columbia Heights which currently reads as follows to wit: LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any Lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four -fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, City Council Minutes Monday, June 13, 2011 Page 12 of 13 over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi - annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, con amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. City Council Minutes Monday, June 13, 2011 Page 13 of 13 The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof, against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws of the State of Minnesota. (Section 76 through Section 86 deleted.) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage.