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.
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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.