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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 City Council Minutes 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. City Council Minutes 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 City Council Minutes 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. r ate . atricia Muscovitz C VIC City Cie 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. City Council Minutes Monday,May 14,2012 Page 13 of 14 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 City Council Minutes Monday,May 14,2012 Page 14 of 14 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.