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HomeMy WebLinkAbout03/12/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MARCH 12, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 12, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bob Lyndes, Crest View Communities gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the Approval of Premises Permit Application for the Columbia Heights Athletic Boosters to conduct Charitable gambling activities at Mr. BBQ, 4811 Central Avenue to the Consent Agenda as item I. Mayor Peterson added former City Manager Malcolm Watson to speak on the history of garbage service in our community to Presentations, Item B. Motion by Nawrocki to add council corner to the agenda. Fehst stated it will be on the next work session agenda to be discussed again. Nawrocki stated that people expect to hear the good news and the bad news and he brings up some bad news. Nawrocki stated he would have items for the Manager to answer. Peterson stated that some Council members do not adhere to the five minute rule. We will discuss a time limit at a work session. Motion failed for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Love Your Library- Buy a Heart Bob Odden, Friends of the Library member, stated they have declared March as "Love your Library" month, giving patrons or residents a chance to replace classic library books through a donation for the full amount or partial amount of a specific book. It is $10 a year to be a member and the Friends meet the first Monday of the month. Everyone is welcome to join. Miscellaneous Nawrocki stated he attended the Local Government Officials meeting which discussed Hazardous Mitigation, I35 lane study update, comprehensive services on violent crimes, and fiscal disparities. B. History of garbage service in our community— Malcolm Watson. Fehst stated the Legislature was looking at cities that provide organized waste hauling to have, inverse condemnation. Fehst indicated the problem with many hauler trucks on city streets rather than just one truck. Some providers feel they have lost business in communities. We have saved possibly millions of dollars using our type of single hauler business. Malcolm Watson, 1717 49th Avenue NE, a Columbia Heights resident and former City Manager stated garbage service began when a hog farmer offered to pick up garbage for free if it was in metal containers. Then we went to licensed garbage haulers with several drivers going up and down each street. This brought about the change to require all citizens to pay for refuse service City Council meeting minutes Monday, March 12, 2012 Page 2 of 9 with a contract through the lowest, responsible bidder. It became necessary to have mandatory service as people were dumping garbage elsewhere. Since that time, having a single refuse hauler has worked well. He also referred to the Kiwanis recycling center proceeds, which help children in our area. Watson stated on St. Patrick's Day, the Legion on Central Avenue will hold a St. Patrick's Day event. Nawrocki also gave a little history on the garbage collection process. CONSENT AGENDA Nawrocki requested to remove items D & E for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items: A. Approve City Council meeting minutes Motion to approve the minutes of the February 27, 2012 City Council meeting. B. Accept minutes of the Boards and Commissions Motion to accept the March 6, 2012 Planning and Zoning Commission minutes. C. Re-appointments to Boards and Commissions Motion to reappoint Tantanella and Vesley to three year terms on the Library Board; Olson to a four year term on the Traffic Commission; McDonald and Payne to five year terms on the Park and Recreation Commission; and Szurek to a four year teiin on the Planning and Zoning Commission. D. Authorize purchase of replacement Fire Department chiefs/command vehicle - removed E. Adopt Resolution No. 2012-27, being a Resolution approving an Alternative Fee Structure for Wine License - removed F. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for March 12, 2012 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 12, 2012. H. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142626 through 142816 in the amount of $632,705.86. I. Approval of Premises Permit Application for the Columbia Heights Athletic Boosters to conduct charitable gambling activities at Mr. BBQ, 4811 Central Avenue Motion to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at Mr. BBQ, 4811 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception City Council meeting minutes Monday, March 12, 2012 Page 3 of 9 of items D and E. Upon vote: All ayes. Motion carried. D. Authorize purchase of replacement Fire Department chiefs/command vehicle Fire Chief Gorman stated the vehicle to be replaced would go to the Public Works Department for review and placement elsewhere. Gorman stated that in an SUV the temperature is consistent, whereas in a car trunk medicines and equipment can freeze. This is the vehicle to be used by the Fire Chief and will be the command vehicle. Motion by Williams, second by Diehm, to authorize the purchase of a 2012 Chevrolet Tahoe 4x4 from Thane Hawkins Polar Chevrolet in the State of Minnesota Purchasing Contract amount of$32,750.95; and to equip the vehicle with lights, siren, radio, and computer mount in an amount not to exceed $7500; and a graphics package not to exceed $300. Funding shall be from the Fire Capital Equipment fund 439-42200-5150. Upon vote: All ayes. Motion carried. E. Adopt Resolution No. 2012-27, being a Resolution approving an Alternative Fee Structure for Wine License Nawrocki stated opposition to a reduction in the license fee. This should be discussed at the end of the year will all fees. Schmitt stated this applies because the ordinance was recently changed, so the fee also needs to be reevaluated. Motion by Diehm, second by Williams, to waive the reading of Resolution#2012-27 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to approve Resolution 2012-27,being a Resolution amending Ordinance Section V, Section 5.505 (G) to reduce on-sale wine license fees from $2,000 to $1,200 for restaurants ranging from 25 to 74 seats and maintaining a$2,000 license fee for facilities that are at, or exceed 75, seats. Nawrocki stated that the current fee is what the requestor knew the cost would be. Peterson stated there were others that fall under the new wine/seating ordinance. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2012-025 being Resolution for the Approval of a Site Plan for O'Reilly Auto Parts Store located at 3700 Central Avenue. Jeff Sargent, City Planner, stated that the EDA has worked with O'Reilly Auto on the request to develop on this property. The site plan was brought before the Planning and Zoning Commission. They decided it was too far from our guidelines and the request failed by a 3 —2 vote. Sargent covered the differences: they propose to point the main entrance toward the parking lot. This type business requires on-site parking; our guidelines state that no more than 40% of the frontage be for parking and this case it is over that by 11-12 percent; all doors and windows need to be transparent. Sargent showed drawings of the multiple frontage facade. He stated that O'Reilly's only wants the north side to be transparent and request the rest of the windows be opaque. They would still appear to be windows. Sargent showed drawings of the proposed site plan. They do not want the public to see directly into the storage areas. Staff recommended the plan be approved requiring specific windows to be opaque. City Council meeting minutes Monday, March 12, 2012 Page 4 of 9 Nawrocki listed several businesses that do not enter onto Central Avenue. He asked if there are arrangements to have a bus stop on this corner. Sargent stated that would be a Met Transit decision. Nawrocki indicated that the bench should stay. Schmitt questioned the lack of windows. Sargent listed the Design Guidelines and stated the Planning and Zoning Commission's (P&Z) concern that the majority of windows be transparent. Schmitt recommended this be discussed the next time the Design Guidelines are reviewed. She referred to other businesses and window types. Williams stated the bus stop will not be affected by this business. Sargent stated he would contact Metro Transit. Schmitt stated that the new bus shelters kiosks will be much smaller than we now have on Central Avenue. Nawrocki urged that we pursue the matter of a bus shelter. Schmitt indicated that we would be required to pay for it. Nawrocki disagreed. Wendy Stoes, 3711 Van Buren#4, spoke of screening the property and indicated the exits would be right into the residential area. She requested privacy be considered on the alley side of the plan. She indicated that the bus bench is used. Peterson stated that privacy fences can collect debris and begin decaying within a year. He stated that plantings would be preferred. This is a commercial establishment and we want it to be successful. It is unfortunate that Central Avenue lots are shallow. Stoes asked if two exits on the alley are required. Sargent stated the site plan is what the owner feels is the best fit for the property. Our ordinance does not limit the number of exits. Mark Wold, Zimmerman MN and representing O'Reilly Auto, stated if the City requests a fence they would put one in, but it will not hold up. The exits were arranged for the maximum amount of parking. The trash container would be at the back exit. Wold gave the history of this request, beginning with the EDA meeting. He stated that the windows need to be opaque, as most of the inventory is stored auto parts. He suggested possibly designing one corner of the building on Central Avenue with windows showing a small display. Diehm requested to hear what others present thought. Nawrocki questioned space available for a bus shelter. He suggested the Public Works Director speak to the MTC about a shelter for this area. Jim King, 3717 Van Buren, stated he was excited to see this development and agreed that fences are not always the best and are a maintenance problem. A vinyl fence would be low maintenance, but the residential area is higher than the commercial area and a six foot fence would not be enough. Tall pines would begin at six feet and grow taller. He suggested more pine trees. Bill Janeck, 3713 Van Buren, stated he wants a fence on the alley. He felt the back of the building on Central Avenue would not be attractive. He read the definition of"screen". It should not have an opening. Chris Little, 5502 Lomianki Lane and previous property owner, stated that O'Reilly's has put a lot of thought into this plan. The lot is only 109 feet wide. This requires a shared alley. You need an entrance for delivery, making a contiguous barrier impossible. They are placing the building City Council meeting minutes Monday, March 12, 2012 Page 5 of 9 where the Design Guidelines require it be. It would not make sense to have delivery trucks back out on to Central Avenue. Wold stated there will only be one 38 foot truck delivering daily, six days a week. Tim Garner, District Manager, stated deliveries are done half during the afternoon and half are during the evening. Nawrocki asked where deliveries are made. Wold stated deliveries will be made on the north side through an overhead door. It is not a loading dock. Nawrocki asked where the three houses of the concerned residents were located. Diehm pointed them out. Sargent indicated there are non-coniferous trees that could be changed to coniferous to help with screening. Peterson stated it is commercial property that will pay commercial taxes and they have the right to use the alley. He pointed out residential cars improperly parked in the alley. Everyone has the right to use their property, but we all need to get along. They have put in three fronts to make this building look good. Nawrocki referred to the telephone pole in the picture. Wold stated that pole would be moved. Motion by Diehm, second by Williams, to close the public hearing and waive the reading of Resolution 2012-025, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2012-025, approving the Site Plan for the construction of a 7,500 square foot O'Reilly Auto Parts Store located at 3700 Central Avenue, subject to the conditions outlined in Resolution No. 2012-025. Diehm asked if the applicant had concerns about the residents request to provide trees with year round screening. Wold stated they have no objections. He requested to work with staff to make the windows on the east side non-transparent with transparent windows on the east corner. He stated that they would all be windows. Sargent stated concern that this would require the plan be brought back to P&Z. Jim Hoeft, City Attorney stated this resolution requires the windows be transparent and it should state a percentage of window opacity. Sargent stated they are now meeting the 20 percent requirement. A change would require a general statement that it come back for staff approval. Diehm indicated the developer could work toward staff approval and if they have a concern they can appeal back to the Council. Schmitt referred to item #14 - sidewalk. Sargent stated this is a"super" sidewalk that is reinforced and would require replacement in kind. Schmitt questioned #15 — alley. The size does not refer to any increase. Sargent stated that the alley will be destroyed and it must be replaced in-kind. Diehm requested to add #17, indicating that the final landscape plan be subject to approval of the planning department, anticipating the addition of trees. Nawrocki requested to add that the developer work with Metro Transit to have a bus shelter as close to the building as possible. Peterson stated staff will work with them. Hoeft stated that we have no right to require a bus stop on private property. Sargent again showed the plan which City Council meeting minutes Monday, March 12, 2012 Page 6 of 9 shows the State's property and that this is at the State's discretion. Nawrocki asked that we work with them. Hoeft indicated there are two amendments to the motion—condition#2 be reworded to indicate that the window requirements for the east elevation of the building would be subject to staff approval and add#17 that the final landscape plan would be subject to staff approval. Diehm and Schmitt indicated, as the maker and second of the motion, they are fine with the addition to Resolution No. 2012-025 Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. B. Adopt Resolution 2012-026 being Resolution for the Approval of a Conditional Use Permit for a used auto sales facility located at 5009 University Avenue Sargent stated Gold Star Taxi occupies this space and requests the allowance to be a used car dealer. He wants to purchase vehicles to replace his taxies that he stores on a lot in NE Minneapolis. If he were to sell a vehicle from this property, it would be within the guidelines and would be inside of the building. The P&Z recommended approval on a 5-0 vote. Nawrocki asked what is in the garage now. Sargent stated he was not aware of the current use. Schmitt asked how many businesses in Columbia Heights have a car sales license. Sargent stated there was an amendment to used car lots, stating they need a Condition Use Permit (CUP) and must keep cars in an enclosed building. Since the amendment, there have been no new requests. There are a few licenses that were grandfathered in. Williams asked about the amended ordinance limitations. Sargent stated the ordinance requires a CUP and the vehicles must be in an enclosed building. Diehm stated that staff indicated this meets the requirements with the four conditions set forth. Nawrocki asked for verification that the space is actually available for vehicle storage. Motion by Diehm, second by Williams, to close the public hearing to waive the reading of Resolution 2012-026, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2012-026, approving the Conditional Use Permit for a used auto sales facility located at 5009 University Avenue NE, subject to the conditions outlined in Resolution No. 2012-026. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports ADMINISTRATIVE REPORTS Report of the City Manager City Council meeting minutes Monday, March 12, 2012 Page 7 of 9 Fehst stated that the Library task force is meeting tonight for the first time. Nawrocki stated that he has received copies of the application of appointed members, but has not received copies of applicants not appointed. Nawrocki stated that he is still waiting for a liquor financial report. Fehst stated that Council member Nawrocki has received the summary information and additional information will be available at the end of this month. Nawrocki referred to the Police financial report given to Council. Do the police figures include the debt service for their building? Fehst stated that you can not compare the police report to liquor operations. Peterson stated that the Finance Director invited Council member Nawrocki to meet with him for an explanation. Nawrocki referred to receiving the October Park and Recreation Commission minutes at the last meeting. The Council should receive minutes as non-approved. Fehst stated that if there is information that needs to be acted on, non-approved minutes can be given to the Council for consideration before Council action. Nawrocki stated that the bus bench on 47th and Central Avenue has not been cleaned. Fehst stated there will be a trash basket placed there. He has asked the County Commissioner to make community service workers available to clean up Central. Fehst stated that we had attempted an Adopt-A-Park program, and he would like to reactivate this program. Williams stated he was at Heights Manor and they indicated they would like to participate in the Adopt a Park program. Report of the City Attorney—nothing to report CITIZENS FORUM Harold Hoium, 4200 3rd Street, stated concern that if the bus stop on 37th and Central was moved near the building cars would back up behind the bus. He also stated concern that the pedestrian signal on 40th and Central should have signage warning that people are crossing so the people crossing do not get stuck in the median. Peterson stated "Don't forget our service men and women; keep them in your thoughts and prayers. Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:07 p.m. 1 (Patricia Muscovit' CMC City Clerk RESOLUTION NO. 2012-025 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRCTION OF AN O'REILLY AUTO PARTS STORE LOCATED AT 3700 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS,MN WHEREAS,a proposal(Case#2012-0302)has been submitted by O'Reilly Auto Parts Store, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 7,500 square foot auto parts store located at 3700 Central Avenue NE. City Council meeting minutes Monday, March 12, 2012 Page 8 of 9 WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; WHEREAS,the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses,traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the 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 site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER,BE IT RESOLVED,that the attached conditions,maps,and other information shall become part of this permit and approval;and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one(1)calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials,maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The final design of the windows on the East elevation shall be subject to final approval by City staff. 3. Three sides of the dumpster enclosure must be constructed of masonry and colored to match the principal structure. 4. All existing utility lines not in use must be disconnected as part of the building permit. 5. The applicant must submit all plans to the Metropolitan Council for a Sewer Availability Charge(SAC) determination. 6. All construction traffic shall be directed through the vehicle tracking pads. Due to the traffic volume on Central Avenue, site access shall be limited to the alley. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. All restoration of turf areas in the Public Right-of-Way(ROW)shall be by 4 inches of topsoil/sodding. 9. Catch basin inlet protection shall be provided on 37th Avenue. 10. All disturbed areas shall be provided with temporary surface protection 7 days following establishment of final grade. 11. All work within the Public ROW shall be inspected by the City Engineering Department. 24-hour advanced notice of an inspection is required. 12. The applicant shall provide a copy of any MnDOT review comments and a copy of the permit for work on Central Avenue to the City Engineering Department. 13. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. The detectable warning plate color should match those on Central Avenue 14. The concrete sidewalk on Central Avenue was a special design, which included a 6-inch thickness with 1/2 inch diameter reinforcing each way and colored concrete. All construction documentation should be corrected providing for its replacement. 15. If disturbed during construction,the existing concrete alley shall be restored in-kind,full width,joint to joint, and shall meet City requirements. 16. It is recommended to televise the existing sanitary sewer services to verify adequacy. 17. The landscape plan shall include coniferous trees along the alley to help screen the parking lot from neighboring residential properties. The final landscape plan shall be subject to City Staff approval. RESOLUTION NO. 2012-026 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GOLDSTAR TAXI TO ALLOW A USED CAR DEALERSHIP IN THE GENERAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS,a proposal (Case#2012-0303)has been submitted by Nabil Ali to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: City Council meeting minutes Monday, March 12, 2012 Page 9 of 9 ADDRESS: 5009 University 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)(d),to allow a used car dealership in the GB,General Business District at 5009 University Avenue NE. WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; 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. All vehicles for sale on the property must be kept indoors at all times. 2. Outdoor vehicle display areas within the public right-of-way are prohibited. 3. The outdoor storage of inoperable,junk vehicles and'or vehicles with expired tabs is prohibited. 4. The property must adhere to all other applicable regulations pertaining to used car sales as outlined in Code Section 9.107 (C)(7). RESOLUTION NO. 2012-27 RESOLUTION AMENDING CITY ORDINANCE ARTICLE V, SECTION 5.505 (G)RELATING TO ON-SALE WINE LICENSE FEES WHEREAS,on January 9, 2012 the City Council approved Ordinance amendments that allow the minimum seating capacity for on-sale wine licenses to be reduced from 75 to 25 seats;and WHEREAS,the City Council recognizes that small restaurants will have more limited wine sales: and WHEREAS,the City Council desires to attract and make smaller restaurants successful within the community; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the following on- sale wine license fee amendments be made to Article V, Section 5.505 (G). 1. On-sale wine license fees for restaurants ranging from 25 to 74 seats be set at$1,200 2. On—sale wine license fees for restaurants at or exceeding 75 seats be set at$2,000