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HomeMy WebLinkAbout08-10-2015OFFICIAL PROCEEDINGS CITY OF ! :'!• HEIGHTS CITY COUNCIL MEETING AUGUST 10, _1 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY AUGUST 10, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40T" AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA LCALL TO ORDER Mayor Peterson called the meeting to order at 7:04 p.m. 2.ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn, Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Renee Dougherty, Library Director; Bethany Grabow, Children's Librarian, Barb Kondrick, Adult Services Librarian; Joe Hogeboom, Community Development Director; Elizabeth Holmbeck, Associate Planner; Katie Bruno, City Clerk/Council Secretary 1INVOCATION Invocation provided by Bob Lyndes, Crest View Senior Community 4.PLEDGE OF ALLEGIANCE Recited 5.ADDITIONSIDELETIONS 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.) 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION ANNOUNCEMENTS GUESTS A. Sister Cities' sharing of recent National Award for "Best Overall Program" Dolores Strand and Gloria Bergstrom representing Sister Cities shared their recent award with the council and the audience. It was explained that Columbia Heights received this National Award for "Best Overall Program" for cities with a population less than 25,000. B. Recognition of Library Volunteers Library Director Renee Dougherty reported that in 2014 library volunteers provided 905 hours of service. Paul Kram introduced his reading partner Tina. Paul and Tina work together in the "Buddy up and Read" program. Barb Kondrick introduced many of the adult volunteers, and thanked them for their many services. Gissel and Dasy Inamagua both serve as teen volunteers, and spoke about their positive experience in serving at the library. Children's Librarian Bethany Grabow introduced many teen volunteers and thanked them for their committed service. Minutes of City Council Meeting August 10, 2015 Page 2 of 15 7.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 Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of July 27, 2015. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the July 16, 2015 Charter Commission Minutes MOTION: Move to accept the April 28, 2018 HRA Commission Minutes MOTION: Move to accept the June 1, 2015 EDA Commission Minutes MOTION: Move to accept the July 6, 2015 Traffic Commission Minutes MOTION: Move to accept the July 1, 2015 Library Board Minutes MOTION: Move to accept for review the unapproved P &Z minutes from August 5, 2015 C. Establish date for 2015 Public Special Assessment Levy Hearing for: Seal Coat Alley Improvement, Street Rehabilitation MSAS Mill & Overlay And Delinquent Accounts MOTION: Move to establish Monday, October 5, 2015 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1301 Zone 7 Seal Coat, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #1402 Concrete Alley Construction, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1502 Zone 1 Street Rehabilitation, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 6:45 p.m. as the Public Special Assessment Levy Hearing for City Project #1505 M.S.A.S. Mill & Overlay, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 7:00 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. D. Resolution approving a subordination of mortgage in connection with the City's Single Family Deferred Loan Program. *Removed for discussions E. Title: Resolution approving the lot combination for the property located at 3927 Central Ave. NE. and 3939 Central Ave. NE. *Removed for discussion F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 10, 2015 as presented. Minutes of City Council Meeting August 10, 2015 G. Payment of Bills Page 3of15 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 157665 through 157853 in the amount of $ 1,501,582.00. Councilmember Nawrocki requested that items D and E be removed from the Consent Agenda for discussion. Motion by Councilmember Williams, seconded by Councilmember- Nawrocki to approve Consent Agenda items A, B, C, F and G. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for discussion: D. Resolution approving a subordination of mortgage in connection with the City's Single Family Deferred Loan Program. Councilmember Nawrocki requested both an explanation of the item, and the address of the property. Associate Planner Holmbeck explained that for privacy reasons the address was not disclosed. Director Hogeboom explained that the homeowner is refinancing their mortgage, and the new lender is requesting a new subordination agreement. The agreements were prepared by the city's EDA Attorney, and adhere to the city's policy. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2015 -58, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the subordination of Mortgage in connection with the City's Single Family Deferred Loan Program. All Ayes, Motion Carried E. Title: Resolution approving the lot combination for the property located at 3927 Central Ave. NE. and 3939 Central Ave. NE. Councilmember Nawrocki expressed concern with combining the lots, indicating he thought the back lot would be available to lease. Director Hogeboom explained the new library is proposed to constructed in the middle of two legal lots, and state code does to allow for a building to cross property lines. Hogeboom stated that the city could re -plat the lots in the future. City Attorney Jim Hoeft suggested it be better to wait to re -plat until the city has determined what they would like to see in the area. Motion by Councilmember Williams, seconded by Councilmember Schmitt to authorize the lot combination for the properties located at 3927 Central Ave. NE, and 3939 Central Ave. Minutes of City Council Meeting August 10, 2015 Page 4of15 NE, and to direct staff to submit the Lot Sketch and Description, dated April 27, 2015, to Anoka County Property Records and Taxation division. All Ayes, Motion Carried. 8. PUBLIC HEARINGS 1. Public Hearing-to adopt Resolution 2015 -49 being a Resolution levying and adoptinR the assessment for alley light area no 677 -45 Thomas Rustemis, residing at 1427 Circle Terrace questioned the need for the alley light. Director of Public Works, Kevin Hansen reported that a valid petition was received on July 13, 2015. The petition requested the installation of an alley light. The assessment policy was briefly explained as well. Director Hansen reported the property owner at 4140 Reservoir Blvd, had called city offices and requested their name be removed from the petition. Mr. Rustemis suggested an alternate location for the light be considered. Director Hansen noted that if council would like to consider a different location, the item should be tabled, in order to allow city staff to provide notice to the adjoining property owners. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and waive the reading of Resolution 2015 -049, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to table the item until August 24, 2015. All Ayes, Motion Carried. 2. Consideration of Resolution approving a Conditional Use Permit for the property located at 3912 Central Avenue NE. Associate Planner Elizabeth Holmbeck reported that the Planning and Zoning Commission reviewed the request both in June and in August. The commission voiced concerns over the potential negative impacts the business could have on neighboring properties. Additionally the commission opposed allowing an additional auto related business along the Central Ave corridor. Staff discussed the request with the City Attorney, it was determined the application is consistent with the City Code. The Planning and Zoning commission declined to make a recommendation to the Council, citing that the application does not meet the findings of fact. However, they added additional conditions to the permit for council consideration. The recommendation of staff is to approve the request, subject to 14 conditions. Councilmember Nawrocki commented that the property is currently in disrepair, and agreed with the Planning and Zoning commission, that the area is adequately served with auto related businesses. Councilmember Murzyn Jr. (liaison to the Planning & Zoning Commission) stated that he agrees with the Planning & Zoning commission, that an auto related business is not desirable in that location. City Attorney Jim Hoeft clarified that Minutes of City Council Meeting August 10, 2015 Page 5of15 the request is a permitted use in the area, subject to a conditional use permit, and the council can decide what reasonable conditions will be placed on the request. Director of Community Development Joe Hogeboom explained that while the property is a house, it has been zoned commercial, and became a business about five years ago, losing its non - conforming use designation. The applicant purchased the property with the intention to use as a business. Councilmember Nawrocki asked if anyone will be living in the building. Director Hogeboom explained that the house would be required to have the second floor converted to a legal dwelling unit. Councilmember Nawrocki commented that parking seems inadequate for the use. Director Hogeboom explained the property would be reconfigured. Marlaine Szurik, chairperson of the Planning & Zoning Commission expressed concern with the proposed use, noting there is not adequate space for screening or snow removal. Ms. Szurik also expressed concern with the business facing the alley. Jay Shahidi, the contractor working with the applicant reported the applicant intends to repair the house and expand the garage. Catherine Vesley, 5135 Matterhorn Drive commented that this property is across the street from the new library site, and expressed concern with having another auto related business, and would like to see Columbia Heights move in a more progressive way. City Attorney Hoeft addressed some of the concerns, noting that they are addressed in the conditions of the Conditional Use Permit. Mr. Hoeft stated it is his legal opinion that the City Council approve the application with the fourteen recommended conditions. Motion by Councilmember Schmitt, seconded by Councilmember Williams to close the Public Hearing and waive the reading of Resolution 2015 -35, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve the Conditional Use Permit for the property located at 3912 Central Avenue NE. 4 Ayes, l Nay, Motion Carried. Ayes: Mayor Peterson, Councilnzembers Williams, Schn2itt and Murzyn, Jr. Nay: CouncibnemberNawrocki. 3. Resolution approving a Conditional Use Permit for the property located at 1400 49th Ave. NE. Associate Planner Elizabeth Holmbeck reported that the Planning and Zoning Commission reviewed the request and recommended council approval with one change that would prohibit the sign to be lit between the hours of 10:00 PM and 6:00 AM. Mayor Peterson suggested the sign be permitted to be lit until 11:00 PM, as it provides valuable community information. City Manager Fehst asked if the sign could be dimmed during the overnight hours. Ms. Holmbeck clarified that the City Code requires the sign be dimmed overnight, however the Planning & Zoning commission added the condition to have the sign off overnight. Minutes of City Council Meeting August 10, 2015 Page 6of15 Bill Holmgren, representing Columbia Heights School District commented that the proposed two new signs are considerably less bright than the three current signs. Mr. Holmgren requested the restriction be lifted. Colin Livingood, 1600 49th Ave. stated that the current lit signs are problematic, and would ask the council leave the resolution as is. Mayor Peterson suggested the sign at the High School remain on overnight, as it serves as a message center. Councilmember Schmitt suggested both signs be turned off at 11:00 PM to be consistent with the other lighting on the school grounds. Councilmember Schmitt made a motion to amend the resolution to change the tinge from 10:00 PM to 11:00 PM on both signs, Councilmember Murzyn seconded the motion. 2 Ayes, 3 Nays, Motion Failed. Ayes: Councilmembers Schmitt and Murzyn. Nays: Mayor Peterson, Councilmembers Williams and Nawrocki. Motion by Councilmember Schmitt, seconded by Councilmember Williams to close the Public Hearing and waive the reading of Resolution 201 5 -55, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to approve the Conditional Use Permit for the property located at 1400 49th Ave. NE. as originally recommended by staff. Mayor Peterson amended the recommended motion to have the sign at the east end be off from 10:00 PM to 6 :00 AM, and the sign at the High School remain on and dimmed overnight, pursuant to the City's ordinance. Councilmember Murzyn, Jr. seconded the amended motion. 4 Ayes, 1 Nay, Motion Carried. Ayes: Mayor Peterson, Councilmembers Williams, Murzyn, Jr. and Nawrocki. Nay: Councilmember Schmitt. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve the Conditional Use Pe»nit for the property located at 1400 49th Ave. NE. as amended. All Ayes, Motion Carried. 4. Resolution amoving a Variance for the property located at 4040 Central Ave NE Associate Planner Elizabeth Holmbeck reported the applicant is requesting a variance for the existing wall sign, allowing a waiver to section 9.106 permitting a wall sign in excess of 100 square feet, and allowing a sign to be painted directly on the exterior surface of the building. The Planning and Zoning Commission recommend the city council deny the request, citing the application does not meet the required findings of facts. Councilmember Nawrocki commented that the exterior painting was done without City approval and noted that there are also many lit signs in the window. Councilmember Schmitt suggested that while the city has a sign ordinance policy, we should consider a mural policy. Mayor Peterson commented that the sign is eye - catching. Councilmember Minutes of City Council Meeting August 10, 2015 Page 7 of 15 Williams commented that the city is fortunate to have Mr. Wetch and his business in the community. Councilmember Murzyn Jr. noted the Planning Commission was concerned that the text was large, and not in compliance with the sign ordinance. Community Development Director Joe Hogeboom read the definition of a sign from the city code, noting that the sign in question would need a variance if it is to remain. Director Hogeboom reported that the sign code is scheduled to be reviewed in the near future, and staff will likely look into considering murals. City Attorney Jim Hoeft suggested the council could table the item (can be indefinite) and direct staff to review the City's current sign ordinance, and address the item in the future. Mayor Peterson commented that if staff is already considering revisions to the sign code he would support tabling the item. Motion by Mayor Peterson, seconded by Councihnen7ber° Williams to table the item. All Ayes, Motion Carried. 5. Resolution approving a Variance for the property located at 4101 Central Ave NE Associate Planner Elizabeth Holmbeck reported the applicant is requesting a variance for the existing wall sign, allowing a waiver to section 9.106 permitting a wall sign in excess of 100 square feet. Councilmember Schmitt asked why a monument sign was not considered. Ms. Holmbeck stated it was likely due to space limitations. Councilmember Nawrocki was concerned that there may confusion with Miller Heights Chapel on Central Ave. Ms. Holmbeck clarified that Washburn McReavy has purchased the Miller Heights chapel and that location will be closed. Motion by Counci177en7ber Williams, seconded by Councilmember Schmitt to close the Public Hearing and waive the reading of Resolution 2015 -57, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmenber Nawrocki to approve the Variance for the property located at 4101 Central Ave. NE. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. Library Bid Package No. 2 City Project No. 1410 Director of Public Works Kevin Hansen gave an overview of the four bidding packages. The General Construction bid was awarded to Ebert Construction, including six alternates. The Fire Protection bid is awarded to Breth - Zensen. The Mechanical bid was awarded to Cool Air Mechanical, with three alternates. The Electrical bid was awarded to People's Electric with two alternates. Director Hansen reported overall the bids are $346,000 under the architect's original estimate, a project contingency of $746,000. Minutes of City Council Meeting August 10, 2015 Page 8 of 15 Motion by Councihnember TVilliams, seconded by Councihnember Murzyn, Jr. to accept bids and award General Building Construction including alternates 3, 4, 5, 6, 13, and 14 for the New Library, City Project No. 1410, to Ebert Construction, based upon their low, qualified, responsible bid in the amount of $5,112, 600 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. Motion by Councihnember Mur^zyn, Jr., seconded by Councihnember Williams to accept bids and award Fire Protection for the New Library, City Project No. 1410, to Breth- Zensen, based upon their low, qualified, responsible bid in the amount of $47,330 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to accept bids and award Building Mechanical including alternates 1, 2 and 3 for the New Library, City Project No. 1410, to Cool Air Mechanical, based upon their low, qualified, responsible bid in the amount of $815, 000 from Fund 450 - 51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councihnember Williams to accept bids and award the Building Electrical including alternates I and 8 for the New Library, City Project No. 1410, to Peoples Electric Company, based upon their low, qualified, responsible bid in the amount of $750,500 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst suggested a library ground- breaking be scheduled for Monday, September 14, 2015 at 5:30 PM. Councilmember Nawrocki requested the Library Board meeting materials be made available to the public in advance of the meeting. Manager Fehst stated that he has spoken to the Library Director; however, all materials are not required to be available in advance of a meeting. Councilmember Nawrocki asked when budget material will be distributed. Manager Fehst responded it will be available in September, as required by the City Charter. Nawrocki stated he would like the information available in advance for the public. Manager Fehst noted the City's five year budget plan is available on the website. 11. CITIZENS FORUM Catherine Vesley -5135 Matterhorn Drive expressed her gratitude to the council, and is looking forward to the library ground breaking. Minutes of City Council Meeting August 10, 2015 Page 9 of 15 12. ADJOURNMENT Mayor Peterson announced the Recreation Department will be performing "A Family Reunion to Die For" on August 13`h at Murzyn Hall. Mayor Peterson attended an Ecuadorian Festival at El Tequila on 40`h and Central. Mayor Peterson reminded us to remember our servicemen and servicewomen and not to take ourselves too seriously and to try to do a random act of kindness. Meeting adjourned at 10:35 p.m. au B&Na Respectively Submitted, Katie Bruno, City Clerk t RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MINOR AUTOMOBILE REPAIR AT 3912 WHEREAS, a proposal (Case #2015 -0801) has been submitted by Jay Shahidi, from Decorative Construction to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 3912 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for minor automobile repair. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on August 5`h, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning 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, RE 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: 1. The use is one of the conditional uses listed for the zoning district in which the property is Minutes of City Council Meeting August 10, 2015 Page 10 of 15 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 i� 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 RESOLVER 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 Site Plans and Building Elevations shall become part of this approval. 2) The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code, 3) All other applicable local, state and federal requirements shall be met at all times. 4) Since the proposed plan for the property does not currently have off - street parking, customers must either park in the garage or utilize the on- street parking available on Central Avenue. 5) Any operable cars parked outside of the auto body shop must be parked in adequately sized parking spaces (9 feet wide and 20 feet in length -per City Code), and on paved area. 6) All vehicles that are being serviced are inoperable and /or being stored with the intent to receive service, shall be adequately screened from public view, per Zoning Code guidelines. 7) All snow storage shall take place on -site at an appropriate location or removed as not to impose any hazard on neighboring properties. Snow cannot be stored in the front yard or moved into the alley. 8) Hours of operation shall be limited to Monday through Friday: 7:00am- 9:00pm and Saturday through Sunday: 8:00am- 8:00pm. 9) All signage for the business must be approved through the City's Sign permitting process. 10) All vegetation on the property must be maintained per City Code. 11) One parking space must be reserved for use by residents of the proposed apartment. 12) No overnight parking of vehicles on Central Avenue or other residential streets during non - business Minutes of City Council Meeting August 10, 2015 hours shall occur. Page I I of 15 13) Customer and delivery vehicles cannot park in the alley, nor can access through the alley be restricted at any time. 14) The garage doors shall be kept closed during all auto repair operations t RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LED SIGNS AT COLUMBIA HEIGHTS PUBLIC SCHOOLS- LOCATED AT 1400 49T" AVENUE NE. WHEREAS, a proposal (Case # 2015 -0802) has been submitted by MLA Architects on behalf of Columbia Heights Public Schools to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 1400 49th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P) (9) (c) (d) to allow a dynamic LED sign to be located in the R -1, Single Family Residential Zoning District in conjunction with an educational institution. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by City Zoning Code on August 5th, 2015. 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. Minutes of City Council Meeting August 10, 2015 Page 12 of 15 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. 10. 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. 11. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 12. 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 oize (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. 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. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. 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 section. 7. 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 signs face at maximum brightness. Dynamic LED signs must have an automatic dimmer- control to produce a distinct illumination change from a Ilumination level to a lower level for the time period between one -half hour before sunset and one - half hour after sunrise. The easterly sign (at Highland Elementary) shall not be lit between the hours of 10:00 p.m. and 6:00 a.m. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 201 5 -57 FROM CERTAIN CONDITIONS OF THE CITE' OF COLUMBIA HEIGHTS ZONING CODE FOR WASHBURN MCREAVY MILLER HEIGHTS CHAPEL -4101 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2015 -0804) has been submitted by William McReavy on behalf of Washburn McReavy Miller Heights Chapel to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4101 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of I00sq. ft. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5th, 2015. 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: 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 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. 1 RESOLUTION APPROVING A SUBORDINATION OF MORTGAGE IN CONNECTION WITH THE CITY'S SINGLE FAMILY DEFERRED LOAN PROGRAM BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights ( "City ") as follows: Section 1. Recitals. 1.01. The City has heretofore established a deferred loan program for the rehabilitation of single - family homes (the "Program "), administered by the Economic Development Authority of the City (the "Authority "), and has approved certain deferred loans to individual applicants in connection with the Program. 1.02. Each loan under the Program is secured by a mortgage (the "City Mortgage "), which is subordinated to the mortgage of the applicant's primary lender (the "Primary Mortgage ") pursuant to the Authority's Subordination Policy (the "Policy "). 1.03. Gregory L. Miller ( "Applicant "), who received a loan secured by a City Mortgage under the Program, now wishes to refinance his Primary Mortgage, and has requested that the City subordinate its City Mortgage to the new Primary Mortgage. 1.04. City staff and legal counsel have reviewed Applicant's request and documentation, have determined that subordination of the City Mortgage to the new Primary Mortgage complies with the Policy in all respects, and have prepared a Subordination of Mortgage (the "Subordination "), attached as Exhibit A, for review and approval by the Council. 1.05. The Council has reviewed the Subordination and finds that the approval and execution of the Subordination are in the best interest of the City and its residents. Section 2. City Approval, Other Proceedings, 2.01. The Subordination as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the Subordination by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Subordination. 2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution.