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HomeMy WebLinkAbout05/12/2014 RegularMinutes of the City Council Meeting May 12, 2014 City Hall Council Chambers 7 P.M. CALL TO ORDER The meeting was called to order by Mayor Gary Peterson at 7:07 PM. APPOINT SECRETARY PRO TEM Motion by Councilmember. Nawrocki, seconded by Councilmember Williams, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. ROLL CALL Present: Schmitt, Williams, Diehm, Nawrocki; Mayor Peterson Also Present: Jim Hoeft, City Attorney; Joseph Hogeboom, Community Development Director; Elizabeth Holmbeck, Associate Planner INVOCATION The invocation was provided by Pastor John Hierlinger, St. Tim's Lutheran Church. PLEDGE OF ALLEGIANCE - recited 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.) Councilmember Nawrocki stated he would have some questions for the City Manager later in the meeting under the Report of the City Manager. He also mentioned the VFW Post 230 Memorial Day Service on Monday, May 26, at 11 a.m. at the corner of Mill Street and 401h Avenue by City Hall. Councilmember Schmitt reminded people to bring chairs. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson read the proclamation that May 18 -24, 2014, is National Public Works Week. The City Manager stated the Lion's Club cleaned up University Avenue and the Kiwanis Club cleaned up Central Avenue and did a very nice job. The Mayor reminded everyone that nominations are being taken for the Humanitarian of the Year Award until May 16. He read the criteria for this award. Nomination forms are available at City Hall and on our website. Councilmember Diehm stated on May 20 there is a breakfast fundraiser at Harvest Grill (Bunkier Hills Golf Course) for the Bridgeview Community Support Program through the Lee Carlson Center. The cost is $25 per person. There will be a guest speaker, raffles, and an art sale. Contact Patty at (763) 230 -7836 for more information on this event. She also stated there is an ice Cream Social at the Lighthouse on June 3 from 2:30 — 4 p.m. The cost is $1 per person; no charge for persons 65 or older. 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.) City Council Minutes May 12, 2014 Page i There were no items removed from the consent agenda. The City Manager reviewed the consent agenda items for the Council and the public. A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of April 28, 2014. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Economic Development Authority minutes of April 7, 2014. MOTION: Move to accept the Planning and Zoning Commission minutes of May 6, 2014. MOTION: Move to accept the Library Board minutes of April 2, 2014. C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 12, 2014, as presented. 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 152133 through 152276 in the amount of $428,905.75. MOTION by Councilmember Nawrocki, seconded by Councilmember Williams to approve the Consent Agenda items as presented. Motion passed unanimously. PUBLIC HEARINGS A. Approve Conditional Use Permit for Light Emitting Diode (LED) sign for SuperAmerica at 5000 Central Avenue N.E. Elizabeth Holmbeck, Associate Planner, reviewed this item for the city council. In summary, SuperAmerica wishes to retrofit their current display sign to include pricing on the lower portion of the sign. Councilmember Schmitt wondered if they would be applying for business rebates. Ms. Holmbeck stated she did not know. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to close the public hearing and waive the reading of Resolution 2014 -31, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to adopt Resolution 2014 -31, being a resolution for a Conditional Use Permit for a proposed Dynamic LED sign for Super America located at 5000 Central Avenue N.E., 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. Motion passed unanimously. B. Approve a Variance Request for a Proposed Accessory Structure for Grace Lee at 1121 39" Avenue N.E. Elizabeth Holmbeck, Associate Planner, reviewed this item for the city council. The applicant, Grace Lee, wishes to build a two car garage partially on the existing parking pad. Councilmem- ber Nawrocki was concerned that there would be no parking on the resident's property when the garage is built. Community Development Director Joe Hogeboom stated that the garage will be twenty feet from the curb line to make room for parking on this property. MOTION by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and waive the reading of Resolution 2014 -32, there being ample copies available to the public. Motion passed unanimously. City Council Minutes May 12, 2014 Page 2 MOTION by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution No. 2014 -32, being a resolution approving a Variance for a proposed accessory structure for Grace Lee to be located at 1121 39`h Avenue 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. Motion passed unanimously. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - None B. Bid Considerations - None C. New Business and Reports - None ADMINISTRATIVE REPORTS Report of the City Manager The City Manager reported that: • work is continuing on the sale of Parkview Villa. • the new City Clerk will be starting on Monday, May 19, 2014. Councilmember Nawrocki: discussed the statistics cited by the school board that about 80% of the students in the district receive either a reduced meal cost or a free meal. That is why he has concerns about expenditures for our city. requested information regarding the bidding process for professional services. stated he read about the current library needs in the April minutes of the Library Board. He noted that several of the items listed are maintenance -type items, i.e., rug replacement, sidewalk replacement, items that any building would need to have done at some time. - stated he has served as a member of the NorthStar Corridor Development Authority for some time. He got a letter the other day from Sherburne County wanting cities to drop out of the joint powers agreement so decisions can be made only by the county. - requested the city look again at the tree removal at 4541 Tyler and the resulting fence damage to 4517 Tyler Street. This was in light of an article in the LMC booklet on who is responsible for maintaining trees in the city's right -of -way and related expenses to third parties. - requested the following information on recent job openings: • copies of various items relating to the applicants for City Clerk, Associate Planner, and Assistant Community Development Director (as soon as that position is filled). Report of the City Attorney — Nothing. 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.) Nick Kalinoski of 1465 Parkview Lane discussed the raking and bagging of leaves each spring and fall. He said in his neighborhood, there are many old trees creating numerous leaves, and half the properties are rental and half are owned. Many people do not take care of their leaves, leaving piles on top of their lawns creating a fire hazard. Sometimes the piles are left like that all winter which kills the grass. He asked if anything can be done about this situation. Councilmember Diehm stated we have an ordinance to cut grass. Should we have an ordinance to remove leaves? City Manager Fehst stated he would talk to the Public Works Director about this and asked for a list of what properties Mr. Kalinoski is talking about. At least, we could put an article in the newsletter about how important it is to rake and bag the leaves. City Council Minutes May 12, 2014 Page 3 Harold Hoium, 4200 3rd Street, requested lighting the bridge (and the steps) over University. He stated a lot of leaves are along the fences on each side of the bridge and could be a fire hazard. Perhaps Public Works could assist? There has been a person picking up the litter at the end of the bridge, and he wished to publicly thank that person. Mayor Peterson stated the Prayer Breakfast was a great success on May 7h. He thanked everyone who helped in any way to make it a success, We made some money for the Columbia Heights Activity Fund. He asked everyone to show appreciation for our servicemen and servicewomen and try to attend the Memorial Day Service at 1 I a.m. on Monday, May 26, 2014. Enjoy life and do a random act of kindness! ADJOURNMENT The meeting adjourned at 7:48 P.M. Respectfully submitted, Carole J. Blow Secretary Pro Tern RESOLUTION NO. 2014-31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN LED SIGN AT SUPER AMERICA- 5000 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2014 -0501) has been submitted by Lawrence Sign, representing Super America to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 5000 Central Avenue 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 GB, General Business Zoning District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 6", 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: I. 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. City Council Minutes May 12, 2014 Page 4 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 Iocated. 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 near after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I . 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. RESOLUTION NO. 2013-32 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 112139"' AVENUE NE. WHEREAS, a proposal (Case # 2014 -0502) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1121 39th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: allowing an accessory structure to be located within 5 feet of the front property line per Code Section 9.106 (B) (8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 6" 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: City Council Minutes May 12, 2014 Page 5 I . 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 Comprehensive Ilan. 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. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. City Council Minutes May 12, 2014 Page 6