HomeMy WebLinkAbout05/14/2012 OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY, MAY 14, 2012
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
May 14, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Pastor Bill Hugo, St. Matthew Lutheran 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
Motion by Nawrocki to add Council Corner to the agenda. Peterson stated it was discussed at the
work session to not include Council Corner. The motion died for lack of a second.
Nawrocki indicated a letter he handed out that he would like added to the agenda. City Attorney
Hoeft stated he is aware of the situation where a city employee came to the city manager with regard
to behavior of a council member and the city manager has expressed concerns about this behavior of
a council member. Since it is a council member, what to do rests with the city council, not the city
manager. Until the body decides what to do, if anything, about this behavior, it should not be
discussed. Once a determination has been made, it can be talked about at that point. Peterson asked if
this should be discussed in an executive session during the next work session. Hoeft stated that is an
option. It appears to need to be addressed sooner than later. Hoeft indicated he could attend that
meeting. Nawrocki appeared to intend to read the letter and the City Attorney again advised to not
discuss this at this meeting. Peterson called for a motion.
Motion by Williams, second by Schmitt, to discuss a council member's behavior at an executive
session during the next work session. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye;
Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Recognition for Years of service - David Thompson, Planning and Zoning Commission
Peterson stated that Mr. Thompson has served on the Planning and Zoning Commission for
seven years. Peterson presented him with a certificate and pen set and thanked him for his
service to the community.
David Thompson stated he has enjoyed serving on the Commission. He stated that he has
conflicts on Wednesday nights and some meetings are held on Wednesday nights.
Nawrocki stated his sorrow at Mr. Thompson leaving, as he is one of the best Commissioners we
have had in a long time.
B. CH Athletic Boosters award - 2011 Ron Wojciak Memorial Award for Outstanding
Contributions to the Columbia Heights Youth Sports Program (awarded to ISD#13 and the City
of Columbia Heights)
City Council Minutes
Monday,May 14,2012
Page 2 of 14
Keith Windschitl, Recreation Director, was present representing the Columbia Heights Youth
Sports Program. He stated that this year the Commercial Award was presented to the ISD#13 and
the City of Columbia Heights. Windschitl listed activities that contributed to receiving the award.
He presented the plaques to Mayor Peterson and School Board Chair Missy Lee. Peterson
thanked the Boosters for what they do for the community. He stated that it is nice to get a
cooperative award with the School District. You can accomplish great things when you work
together. Financially, the Boosters have contributed about $2 million. Lee stated that
Superintend Kelly sent her apologies for being unable to be present. Lee thanked the Boosters
and thanked the City for sharing in this award.
C. Proclamation - Public Works Week
Diehm read the Public Works Week proclamation. Kathy Young, Assistant Public Works
Director thanked the City for their support. Fehst stated that several years ago Kathy Young was
the first women President of the Public Works Association of the State of Minnesota. We
acknowledge our appreciation of our Public Works Department; they don't complain and just do
their job.
Peterson announced that the Heights Idol Round 1 will be held on Thursday, May 17, 7:00 p.m.
at Murzyn Hall. It is free to the public. There will be an 80 year old citizen that will entertain.
Sign up for all youth summer programs is now open. He also indicated that the puppet wagon
visits the parks in the summer and that is also free. Peterson stated that the Ramsdell Park
dedication will be held this Saturday, which will be followed by an inaugural ball game.
CONSENT AGENDA
Nawrocki requested to remove items F, G, I. Schmitt requested to remove item L.
City Manager Walt Fehst took Council members through the consent agenda.
A. Approve City Council meeting minutes
Motion to approve the minutes of the April 23, 2012 City Council meeting.
B. Accept minutes of the boards and commissions
Motion to accept the April 2, 2012 minutes of the Library Board.
Nawrocki questioned a patron having $3,000 in fines. Diehm indicated there are people with
very heavy fines that they will address.
Motion to accept the May 1, 2012 draft minutes of the Planning and Zoning Commission.
Motion to accept the April 2, 2012 minutes of the EDA.
Motion to accept the unapproved April 19, 2012 minutes of the Charter Commission.
C. Adopt Resolution 2012-48, being a Resolution rescheduling the Monday, May 28, 2012 City
Council meeting to Tuesday, May 29, 2012.
Motion to waive the reading of Resolution No. 2012-48, there being ample copies available to
the public.
Motion to adopt Resolution 2012-48, being a Resolution rescheduling the Monday, May 28,
2012 City Council meeting to Tuesday, May 29, 2012.
D. Approve Restructuring the Loan Agreement for James Wetch dba Jimmy's Pool Hall.
Motion to approve an Extension of the "Contract of Sewer Availability Charge Time Payment
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Monday,May 14, 2012
Page 3 of 14
Agreement for 4040 Central Ave (Contract #2354) for James Wetch until July 10, 2013, with no
payments due in the months of May through August of 2012. All other provisions of the contract
remain "as is".
E. Approve Permits for 2012 Jamboree
Motion to authorize staff to close Huset Parkway for the time period from Tuesday afternoon,
June 19 through Sunday, June 24, 2012.
Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to
be held on Friday, June 22, 2012 beginning at 6:00 p.m. for the following streets: Central
Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to
Mill Street.
Motion to authorize fireworks at dusk on Saturday, June 23, 2012 and to waive the Fire
Department fireworks display permit fee.
F. Adopt Resolution 2012-51, being a Resolution to request Anoka County Levy funds for the
purchase of 3927 Central- removed
G. Adopt Resolution 2012-052, being a Resolution ordering a Public Hearing to Construct
Bituminous Surfacing on Grandview Court - removed
H. Adopt Resolution 2012-054 accepting the Feasibility Report for alley construction between
Jackson and Van Buren Streets, north of 40th Avenue and ordering the Public Improvement
Hearing
Motion to waive the reading of Resolution 2012-054, there being ample copies available for the
public.
Motion to adopt Resolution 2012-054, being a resolution accepting the Feasibility Report for
Concrete Alley Construction between Jackson and Van Buren Streets, north of 40th Avenue, and
ordering the Public Improvement Hearing at the regular City Council meeting on May 29, 2012
at 7:00 p.m.
I. Adopt Resolution 2012-055 accepting the Feasibility Report for Sidewalk Construction on the
North Side of 43rd Avenue between Quincy Street and Central Avenue and ordering the Public
Improvement Hearing - removed
J. Approval of attached list of rental housing applications.
Motion to approve the items listed for rental housing license applications for May 14, 2012 in
that they have met the requirements of the Property Maintenance Code.
K. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for May 14, 2012 as
presented.
L. Review Payment of the Bills- removed.
Motion by Diehm, second by Schmitt, to approve the Consent Agenda items with the exception of
items F, G, I, L. Upon vote: All ayes. Motion carried.
City Council Minutes
Monday,May 14,2012
Page 4 of 14
F. Adopt Resolution 2012-51,being a Resolution to request Anoka County Levy funds for the
purchase of 3927 Central
Motion by Williams, second by Diehm, to waive the reading of Resolution 2012-51, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Resolution 2012-51, being a Resolution
requesting all unobligated funds, fiscal year 2008-2012 from the Anoka County HRA Levy and
appropriation from City Fund 420 for the purchase of 3827 Central Avenue.
Nawrocki questioned if we can discuss this and referred to a memo from Scott Clark,
Community Development Director, regarding what was discussed in closed session was not
accepted by the developer. Clark stated in March of this year the City received a commercial
letter of intent to purchase 3827 Central, owned by the Mady/ Foss Partnership. The EDA
reviewed the letter and determined to proceed. Part of the process was to accept the 7:23. The
next step after the EDA accepted the purchase agreement was to identify the source of funds to
pay for the property. That is what this resolution is to determine. The recommendation includes
Anoka County HRA funds; which can only be used for housing or redevelopment. The
additional dollars sought are from Fund 420, the Capital Redevelopment fund. Right now we
have a verbal agreement from both of the parties and that was what the agreement was based on.
After the EDA approval of this agreement, they wanted other considerations. We will see if they
accept the purchase agreement within the next several weeks. This business will not be
transacted until we have a signed purchase agreement.
Schmitt questioned the "Make Heights Your Home"program. Clark stated we had this program
for five years, with a few people participating, but the program never really took off.
Nawrocki spoke against the motion as we have no particular use for the property, the price of the
property, and possible unanticipated costs and soil correction. The current building was built on
the back of the lot because of soil contamination. Nawrocki referred to the property value and
past purchase prices. This would take the property off the tax rolls. We paid too much for the
place next to it.
Schmitt stated she has reservations because she does not like that the seller changed the process
mid-stream. Diehm indicated that this action is to approve what the EDA has recommended and
the funding. This is not authorizing any changes. Changes would have to be approved by the
EDA. Schmitt questioned if this would limit property use. Diehm stated this is only what was
discussed at the EDA. Nothing after that point is included in this action.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1
nay. Motion carried.
G. Adopt Resolution 2012-052, being a Resolution ordering a Public Hearing to Construct
Bituminous Surfacing on Grandview Court
Motion by Williams, second by Diehm, to waive the reading of Resolution 2012-052, there
being ample copies available for the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Diehm, to adopt Resolution 2012-052, being a resolution
ordering the Improvement and Levy Hearings for consideration of construction of the bituminous
wear course on Grandview Court at the regular City Council meeting on May 29, 2012 at 7:00
p.m.
City Council Minutes
Monday,May 14,2012
Page 5 of 14
Nawrocki asked if that is a private road. Young stated that it is and the bituminous they were to
place has not been done. The material there has begun to deteriorate and we want to close out the
project. Nawrocki stated that two-thirds of the project has not been completed along with other
areas of the development. He described another area that is not complete. Young stated there is
another area of Grand View Court in the south portion of the development. Diehm stated this is
only calling for the public hearing. Fehst stated that the developer was to complete this road.
They have stalled and this will require them to move forward. There is an escrow account for the
assessment. This will help the residents get the improvements they paid for.
Upon vote: All ayes. Motion carried.
I. Adopt Resolution 2012-055 accepting the Feasibility Report for Sidewalk Construction on the
North Side of 43rd Avenue between Quincy Street and Central Avenue and ordering the Public
Improvement Hearing
Motion by Williams, second by Diehm, to waive the reading of Resolution 2012-055, there
being ample copies available for the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Diehm, to adopt Resolution 2012-055, being a resolution
accepting the Feasibility Report for 43rd Avenue Sidewalk between Quincy Street and Central
Avenue and ordering the Public Improvement Hearing at the regular City Council meeting on
May 29, 2012 at 7:00 p.m.
Nawrocki stated that item four speaks about sealcoating. Young stated that is a different project
going on at the same time. Nawrocki stated the section of street along this area that has a
sidewalk will remain. He questioned removing the entrances. Young stated the proposal is to
leave the entrances, with the center entrance being the only one to be redone. Nawrocki indicated
he did not see anything wrong with the entrances. Young stated that the slope is an issue for
wheelchairs.
Upon vote: All ayes. Motion carried.
L. Review Payment of the Bills
Schmitt questioned the $27,750 earnest money for the Mady/Foss Partnership. Clark stated that
this check is being held in house.
Motion by Schmitt, second by Williams, that in accordance with Minnesota Statute 412.271,
subd. 8 the City Council has received the list of claims paid covering check number 143317
through 143556 in the amount of$938,839.41. Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS
A. Adopt Resolution 2012-053 being a Resolution Levying and Adopting the Assessment for Alley
Light Area No. 677-44
Peterson opened the Public Hearing for comments.
Nawrocki stated there is another light in that alley and asked who is responsible for it. Young
stated that has private owners.
Motion by Diehm, second by Williams, to close the public hearing and waive the reading of
Resolution 2012-053, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
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Monday,May 14,2012
Page 6 of 14
Motion by Diehm, second by Williams, to adopt Resolution 2012-053, being a resolution
levying and adopting the assessment for Alley Light Area No. 677-44. Upon vote: All ayes.
Motion carried.
B. Adopt Resolution 2012-049 being Resolution for the Approval of a Conditional Use Permit for
outdoor storage located at 3841 — 3rd Street NE.
Jeff Sargent, City Planner, stated this is a request for outdoor storage for pallets on the property.
Before the owner came to the Planning Commission, he cleaned up the property. There are some
conditions for approval that he would need to agree to, such as a six foot fence, hard surfacing
for storage, and stripping the parking area. The Planning Commission approved this with a 3-0
vote. Sargent suggested a time frame be established this evening.
Schmitt questioned the storage of trailers on the south side, by a tree. Sargent stated there is
room on the property to move things around. He would be required to comply with our
regulations. Sargent showed the owner's drawing of the site. The pallets have been moved inside
a building. Schmitt asked if they would remove the tree. Sargent stated this may be determined
by what area they pave.
Nawrocki stated the property was a mess. There is debris by the tool shed. On the north end there
is a semi-trailer that is only a partial vehicle. Sargent stated there are some zoning issues on the
property. The first thing we requested was that he obtain a conditional use permit. The second
step will be to correct the zoning issues. We need to establish a time line. We want to bring this
property into compliance. Sargent stated the owner is willing to work with the city and has
cleaned up the area. Schmitt stated this is his busy season and asked if he requested a specific
time line. Sargent suggested staff discretion to determine compliance with the CUP. Hoeft stated
the CUP is not a time line, it is either done or it is not and that staff is asking to determine a time
line. Nawrocki suggested tabling this item to get obtain more details. Hoeft stated the point of
asking for a CUP is to clean up the property. Schmitt recommended 90 days to complete the
requirements.
Peterson stated he was at the Planning meeting and agreed that 90 days would be reasonable. The
neighbors of the property have stated that the owner is working to improve the property. He is
working with us and we should work with him.
Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-049, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-049, approving the
Conditional Use Permit for outdoor storage at 3841 — 3rd Street NE, subject to the conditions
outlined in Resolution No. 2012-049. Upon vote: All ayes. Motion carried.
C. Adopt Resolution 2012-050 being Resolution for the Approval of a 4.5-foot side setback
variance for parking at 81 —38th Avenue NE.
Sargent stated that the owner is looking for a parking variance for her property. He showed a
map of the property and the survey of what is intended. They intend to place six parking stalls
and to be in compliance need to put bituminous within one-half foot of the property line. The
Planning Commission approved this on a 3-0 vote.
Nawrocki questioned the space between their property line and the cyclone fence. Sargent
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Monday,May 14,2012
Page 7 of 14
referred to the vacation of California Street, whereby this property gained 30 feet. This would
allow an adequate area for parking and would meet our minimum parking requirements.
Nawrocki asked if there was a change of ownership. Sargent stated the change of ownership
depends on the variance.
Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-050, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-050, approving the 4.5-
foot side yard setback variance for the construction of a parking lot located at 81 —38th Avenue
NE, subject to the conditions outlined in Resolution No. 2012-050. Upon vote: All ayes. Motion
carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
First Reading of Ordinance No. 1607, being an Ordinance amending Chapter 3, Sections 33 and
34 of the Charter of the City of Columbia Heights regarding write in candidates.
Nawrocki indicated that any write in candidate that did not file, with a total of votes over the
candidate would win the office. Patty Muscovitz, City Clerk, stated that in the event the total
write in votes exceed the highest number of a candidate that filed, the write in votes would then
be reviewed and separated by candidate with the highest number of votes, whether write in
candidate or filed candidate, would be elected.
Motion by Diehm, second by Williams, to waive the reading of the ordinance, there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Williams, to schedule the second reading of Ordinance No. 1607,
being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of
Columbia Heights for May 29, 2012, at approximately 7 p.m. in the City Hall Council Chambers.
Upon vote: All ayes. Motion carried.
B. Bid Considerations - none
C. New Business and Reports - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated that we have an opening in the Planning &Zoning Commission and we have three
applicants. At the next work session we will set aside ten minutes per candidate for an interview.
Fehst indicated that commitments to the Adopt a Park include Bobby and Steve's Auto World for the
east side of Huset Park, Heights Manor has signed up six people and Eileen Evans, Chair of Park
Commission and her family have adopted Prestemon Park for years. She also does the boat ramp and
the beach. We would like them to continue. The school has a program interested in adopting
Ramsdell Park.
Nawrocki stated he would not be able to attend the Ramsdell park event on Saturday and asked that
they be wished well for him. He referred to a newspaper article regarding a State Auditor report and
stated that he would like a copy.
City Council Minutes
Monday,May 14,2012
Page 8of14
Nawrocki requested that a bus shelter be placed at the 37th and Central development. The dumpster
at 50th and University is overflowing again.
Nawrocki stated that the Sun Focus newspapers are not being delivered to certain areas. This is our
official legal newspaper and we need to work with them to get service to all areas. Fehst stated we
do pass along complaints received on newspapers that are not delivered. Fehst referred to the papers
that are now thrown on driveways that are trashing up our cities. We should make a foitual
complaint on behalf of all residents. Peterson stated that he has not received the Sun Focus in six
months. Nawrocki indicated that the Northeaster does a better job of reaching homes. Peterson stated
that it seems like the Sun Focus does not care. Schmitt stated her preference is the Sun Focus, as
they come in a plastic bag.
Report of the City Attorney—nothing to report
CITIZENS FORUM
Roger Strom, 690 47 '/2 Avenue, stated that he has to go to the liquor store to get a copy of the Sun
Focus.
Peterson reminded everyone of the upcoming Heights Idol competition.
Peterson stated"Don't forget to keep our service men and women in your thoughts and prayers."He
and the City Manager will attend the return of the Air Force unit they say deployed four months ago.
Nawrocki stated that this Thursday at 6:00 p.m. the Public Works Department will hold a hearing on
the City's storm water plan.
Peterson stated "Don't take ourselves too seriously and do a random act of kindness."
ADJOURNMENT
Peterson adjourned the meeting at 8:23 p.m.
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RESOLUTION NO. 2012-48
BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR
CITY COUNCIL MEETING OF MONDAY, MAY 28, 2012
WHEREAS: The City of Columbia Heights offices are closed on Monday, May 28, 2012 in
observance of Memorial Day; and
WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday,
May 29, 2012 beginning at 7:00 p.m. in the City Council Chambers;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change.
RESOLUTION 2012-054
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ALLEY CONSTRUCTION
BETWEEN JACKSON AND VAN BUREN STREETS, NORTH OF 40TH AVENUE, AND ORDERING
City Council Minutes
Monday,May 14,2012
Page 9 of 14
THE PUBLIC IMPROVEMENT HEARING
WHEREAS, a petition has been received to reconstruct the alley between Jackson Street and Van Buren
Street from 40th Avenue to 160' north of 40th Avenue, and
WHEREAS, pursuant to Resolution 2012-047, a report has been prepared by the City Engineer with
reference to the alley, and
WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary
and cost effective, and
Said report is hereby received by the City Council of Columbia Heights on May 14, 2012.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA
1. The Council will consider the improvement of said alley in accordance with the report and the
assessment of abutting or benefited property for all or a portion of the cost of the improvement
pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of
$24,176.
2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the
City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed
and published notice of such hearing and improvement as required by law.
RESOLUTION 2012-51
REQUESTING ALL UNOBLIGATED FUNDS, FISCAL YEAR 2008-2012 FROM THE ANOKA COUNTY HRA
LEVY AND APPORPRIATION FROM CITY FUND 420 FOR THE PURCHASE OF 3927 CENTRAL AVE
WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority(ACHRA) to
participate in ACHRA economic development activities; and,
WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and
Redevelopment Authority(ACHRA) economic development activities; and,
WHEREAS,the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years;
and,
WHEREAS, that the City, by participation in the ACHRA economic development activities, can request funds to support
the City's redevelopment and housing maintenance and improvement goals; and,
WHEREAS,the Make Heights Your Home unobligated balance of$144,444 will be relinquished for this transaction and
the program will be terminated; and
WHEREAS, Anoka County Community Development staff indicated that redevelopment would be a qualified
expenditure; and,
WHEREAS, on May 7, 2012 the City's Economic Development Authority Approved a Purchase Agreement for the
acquisition of 3927 Central Avenue with the purpose of substantial redevelopment; and
WHEREAS, the funds needed to complete this acquisition were identified as the unobligated Anoka County HRA Levy
and the City's Capital Improvement Development Fund -420.
NOW THEREFORE BE IT FURTHER RESOLVED THAT
City Council Minutes
Monday,May 14,2012
Page 10 of 14
1. The City of Columbia Heights requests the remaining balance ($144,444) of Make Heights Your Home
funds be transferred for the purchase of 3927 Central Avenue.
2. The City of Columbia Heights requests all of the unobligated funds, fiscal year 2008-2012, from the Anoka
County HRA Levy be obligated for the purchase of 3927 Central Avenue.
3. The City of Columbia Heights appropriates funds from 420—Capital Improvement Development Fund for
the purchase of 3927 Central Avenue per EDA Resolution 2012-08.
RESOLUTION 2012-052
BEING A RESOLUTION ORDERING A PUBLIC HEARING TO CONSTRUCT BITUMINOUS SURFACING
ON GRANDVIEW COURT
WHEREAS, the Development Contract for Grand Central Lofts identified Developer Improvements that
included the construction of a private road named Grandview Court, and
WHEREAS, the final wear lift of bituminous has never been constructed for the Developer Improvements,
including Grandview Court, and
WHEREAS, Article 7 of the Development Contract provides for City Remedies for the City of Columbia
Heights to perform the work for Improvements at the Developer's expense.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA
1. The Council will consider the improvement of Grandview Court and the assessment of abutting or
benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes,
Chapter 429 at an estimated total cost of the improvement of$41,910.
2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the
City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed
and published notice of such hearing and improvement as required by law.
RESOLUTION 2012-055
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR SIDEWALK
CONSTRUCTION ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET
AND CENTRAL AVENUE AND ORDERING THE PUBLIC IMPROVEMENT HEARING
WHEREAS, the City Council initiated a study for completion of a sidewalk along the north side of
43rd Avenue between Quincy Street and Central Avenue based on the recommendation of the Traffic
Commission, and
WHEREAS, pursuant to Resolution 2012-046, a report has been prepared by the City Engineer with
reference to the sidewalk construction, and
WHEREAS, the report provides information regarding whether the proposed project is feasible,
necessary and cost effective, and
Said report is hereby received by the City Council of Columbia Heights on May 14, 2012.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report and the
assessment of abutting or benefited property for all or a portion of the cost of the improvement
City Council Minutes
Monday,May 14,2012
Page 11 of 14
pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of
$14,245.
2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in
the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give
mailed and published notice of such hearing and improvement as required by law.
RESOLUTION 2012-053
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO.
677-44
Adopting assessment roll according to the City Charter for the following local improvement and
determining that said improvement will be made, and ratifying and confirming all other proceedings,
heretofore had: Special Assessment for alley light area numbered 677-44.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota,met at 7:00 p.m. on the 14th day
of May, 2012, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being
the time and place set when and where all persons interested could appear and be heard by the Council with
respect to benefits, and to the proportion of the cost of making the local improvement above described, a
notice of such hearing having been heretofore duly published as required by law, and a notice mailed to
each property owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an
assessment roll therefore,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA
Section 1. That this Council does hereby adopt the aforesaid assessment roll known and
described as "Assessment Roll for Local Improvements"numbered 677-44 for
alley lighting, a copy of which is attached hereto and made a part hereof.
Section 2. That this Council hereby finds and determines that each of the lots and parcels of
land enumerated in said assessment roll was and is especially benefited by
such improvements. This Council further finds and determines that the
proper proportion of the cost of such improvement to be especially
assessed against each lot or parcel of land is the amount as billed annually by
Xcel Energy Company.
Section 3. That the assessment will be added to the utility bill prepared and mailed by the
City of Columbia Heights to property owners or occupants on record with the
Finance Department.
Section 4. This resolution shall take effect immediately upon its passage.
ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS
ALLEY LIGHT: 677-44
PIN ADDRESS
26-30-24-31-0052 4832 5th Street NE
26-30-24-31-0053 4828 5th Street NE
26-30-24-31-0054 4824 5th Street NE
26-30-24-31-0055 4820 5th Street NE
26-30-24-31-0056 4816 5th Street NE
26-30-24-31-0063 4817 4th Street NE
26-30-24-31-0064 4825 4t'' Street NE
City Council Minutes
Monday,May 14,2012
Page 12 of 14
26-30-24-31-0065 4829 4th Street NE
RESOLUTION NO. 2012-049
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
CASTO VAZQUEZ C. TO ALLOW OUTDOOR STORAGE AT 3841 —3RD ST NE IN THE CITY
OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case#2012-0502) has been submitted by Casto Vazquez C. to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 3841 —3'd Street NE University Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.111 (D)(3)(c), to allow outdoor storage of materials in the I-1, Light Industrial District at
the property located at 3841 —3'd Street NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on May 1, 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. The outdoor storage area shall be accessory to a commercial or industrial use.
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Monday,May 14,2012
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2. Outdoor storage within the public right of way is prohibited.
3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning
district in which the use is located.
4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line
of the principal structure.
5. The storage area shall be fenced and screened from adjacent uses and the public right-of-way.
Required screening shall consist of a fence, wall, earth berm and/or vegetation no less than six feet
in height and no less than 80% opaque on a year-round basis.
6. All goods, materials and equipment shall be stored on an impervious surface.
7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the
height of the screening provided.
9. The applicant shall stripe the parking area in front of the business in accordance with the minimum
requirements of the Zoning Code. The applicant shall store no more vehicles or trailers in the
parking lot area than the number of parking spaces provided.
RESOLUTION NO. 2012-050
RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF
COLUMBIA HEIGHTS ZONING CODE FOR MILLIE KEWATT
WHEREAS, a proposal (Case # 2012-0503) has been submitted by Millie Kewatt to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 81 —38th Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4.5-foot side yard setback variance for
parking per Code Section 9.111 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
December May 1, 2012;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and
risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the
City Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel of land involved, strict adherence to the provisions of this article
would cause practical difficulties in conforming to the zoning ordinance. The applicant,
however, is proposing to use the property in a reasonable manner not permitted by the zoning
ordinance.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
3. The practical difficulties are caused by the provisions of this article and have not been created by
any person currently having a legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
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Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or materially
injurious to the enjoyment, use, development or value of property or improvements in the
vicinity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of
this variance and approval; and in granting this variance the city and the applicant agree that this variance
shall become null and void if the project has not been completed within one (1) calendar year after the
approval date, subject to petition for renewal of the permit.
CONIDTIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The applicant shall agree to remove any portion of the driveway at the owner's expense in the event
that the City would need to gain access to the utility and drainage easement on which the driveway is
located.