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HomeMy WebLinkAbout03/10/2014 RegularOFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MARCH 10, 2014 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY, MARCH 10, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER The meeting was called to order by Mayor Peterson at 7:01 PM. 2. APPOINT SECRETARY PRO TEM Motion was made by Councilmember Williams, seconded by Councilmember Nawrocki, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. 3. ROLL CALL Present: Councilmembers Schmitt, Williams, Diehm, Nawrocki; Mayor Gary Peterson Also Present: Linda Magee, Acting City Manager; Jim Hoeft, City Attorney 4. INVOCATION Pastor Dan Thompson from Heights Church provided the invocation. 5. PLEDGE OF ALLEGIANCE - recited 6. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Accept Columbia Heights Athletic Boosters donation to the Recreation Department (This item was removed from tonight's agenda and will be placed on a future agenda.) 8. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council Minutes of February 24, 2014 MOTION: Move to approve City Council meeting minutes of February 24, 2014. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Planning and Zoning Commission meeting minutes of March 4, 2014. C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 10, 2014 as presented. City Council Minutes March 10, 2014 Page I D. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 151249 through 151544 in the amount of $299,793.55. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to approve the Consent Agenda items. Motion passed unanimously. 9. PUBLIC HEARINGS Approve Conditional Use Permit for LED Sign at Immaculate Conception Church and School at 4030 Jackson Street NE Elizabeth Holmbeck, Community Development Intern, advised that the Immaculate Conception Church and School wishes to modify the existing pylon sign to a LED pylon sign. This would result in an additional five inches of height to the sign. The LED sign would not change the purpose of the sign, but the way the message is displayed. The Planning and Zoning Commission held a Public hearing on March 4, 2014, and recommended approval with four conditions listed below from the staff report: 1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and waive the reading of Resolution 2014 -13, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to adopt Resolution 2014 -13, being a resolution for a Conditional Use Permit for a proposed Dynamic LED Sign for Immaculate Conception Church and school located at 4030 Jackson Street NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. City Council Minutes March 10, 2014 Page 2 A. Approve Variances for LED Sign at Immaculate Conception Church and School at 4030 Jackson Street NE Elizabeth Holmbeck, Community Development Intern, advised that the Immaculate Conception Church and School is seeking three variances for a proposed dynamic LED sign at 4030 Jackson Street N.E. They wish to modify the existing pylon sign by adding an LED component and are requesting three waivers to various city codes. The proposed sign will not change the purpose of the sign but will modernize the method in which changing the message is displayed. The Planning and Zoning Commission held a Public Hearing on March 4, 2014, and recommended approval with five conditions listed in the staff report. Assistant Community Development Director, Joe Hogeboom, stated that the variances are needed because the site is in the 401h Avenue Design District. Councilmember Diehm suggested that we take a look at the City Code regarding signage. Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: 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 undue hardship. (The existing pylon sign has stood for many years. Changing to a monument sign would require removing the eight foot pylon sign, its supporting base and all the electrical. Additionally, the parking lot would have to be excavated to replace the existing underground electrical service located 100 feet away.) 2. The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (A monument sign would not be as visible as the pylon sign due to the height of the fence and boulevard trees along 40`h Avenue. Removal of the fence is not an option. It not only borders the existing parking lot but also protects the students that play there during school hours.) 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. (The difficulty arises from the location of the sign along 40th Avenue and visibility issues associated with it.) 4. The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. (The Comprehensive Plan designates this area for Religious Institutions. Being that Immaculate Conception is a religious institution, the variance requests are consistent with the types of uses guided for this area.) 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. (This is correct.) Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and waive the reading of Resolution 2014 -14, there being ample copies available to the public. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to adopt Resolution No. 2014 -14, being a resolution approving variances for a dynamic LED sign for Immaculate Conception Church and School located at 4030 Jackson Street NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. City Council Minutes March 10, 2014 Page 3 10. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions - None Bid Considerations — None New Business and Reports - None 11. ADMINISTRATIVE REPORTS Report of the City Manager — Nothing to report. Report of the City Attorney — Nothing to report. 12. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. No citizens spoke at this time. Councilmember Nawrocki had a number of questions and/or comments: • Regarding the City Hall elevator, has it been fixed? Acting City Manager, Linda Magee, stated the Facilities Maintenance Supervisor contacted Schindler Elevator, and it was repaired. • Regarding the State Aid Roads, he expressed his displeasure with the change for assessments for the people living along these roads. He also indicated that the second hearing was not on cable. • Regarding the conference in Washington, there are too many people going. Congressman Keith Ellison is going to be meeting with our city representatives regarding the sale of ParkView Villa there. Ellison is also holding a public meeting on March 17 in Golden Valley, and we could talk with him there. • Regarding the five year financial plan presented by Joe Kloiber, Finance Director, at the last work session, he would like to see reductions made instead of building increases into the property tax levy for the next five years. • SACA is having their "Empty Bowls" event on Wednesday, March 12, from 11:30 a.m. to 7:30 p.m. Councilmember Schmitt stated that the March 17 meeting in Golden Valley with Congressman Keith Ellison is from 2 pm to 3:30 pm, and the purpose of this event is to discuss public safety and immigrant populations. Congressman Ellison has set up a meeting with our city representatives (in Washington during the conference) along with HUD representatives to discuss the sale of ParkView Villa. Mayor Peterson also confirmed the need for us to meet with Congressman Ellison and HUD in Washington. He also stated that the clock on 40th and Central is telling the right time now. There will be a St. Patrick's Day parade on March 17 on Nicollet Mall. Remember our service men and women; enjoy life; and do a random act of kindness. 13. ADJOURNMENT The meeting adjourned at 7:26 p.m. Respectfully submitted, Carole J. Blo,'vers Secretary Pro Tem City Council Minutes March 10, 2014 Page 4 RESOLUTION NO. 2014-13 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN LED SIGN AT IMMACULATE CONCEPTION CHURCH AND SCHOOL — 4030 JACKSON ST. NE. WHEREAS, a proposal (Case # 2014 -13) has been submitted by Immaculate Conception Church and School to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4030 Jackson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D), to allow a dynamic LED sign to be located in the R -3 Limited Multiple Family Residential Zoning District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 4th' 2014. 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 dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and City Council Minutes March 10, 2014 Page 5 graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. RESOLUTION NO. 2014-14 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR IMMACULATE CONCEPTION CHURCH AND SCHOOL WHEREAS, a proposal (Case #2014 -14) has been submitted by Immaculate Conception Church and School to the City Council requesting a Variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4030 Jackson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: Waiver to Section 9.106 (P) (8) (1)- allowing a pylon LED sign verses a monument LED sign. Waiver to Section 9.106 (P) (8) (2)- allowing the LED sign to change or move more often than one every ten seconds. 3) Waiver to Section 9.106 (P) (9) (b) (1)- allowing the height of the sign to exceed eight feet. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 4th' 2014. 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 City Council Minutes March 10, 2014 Page 6 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 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 variance. City Council Minutes March 10, 2014 Page 7