Loading...
HomeMy WebLinkAbout10-12-2015OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 12, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY OCTOBER 12, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:08 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; Joe Hogeboom, Community Development Director; Elizabeth Holmbeck, Associate Planner; Katie Bruno, City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bill Hugo, St Matthew Lutheran Church 4. PLEDGE OF ALLEGIANCE Recited S. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclaiming October as Polish American Heritage Month in Columbia Heights, MN 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 work session of October 5 2015 MOTION: Move to approve the minutes of the Assessment Hearings from October 5, 2015 MOTION: Move to approve the minutes of the City Council meeting of September 28, 2015 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the draft Planning & Zoning Commission Minutes from October 6, 2015 C. Second Amended and Restated Development Contract for Private Development At Huset Park *Removed for discussion D. Authorization to seek bids for 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer diseased tree and hazardous tree removal program MOTION: Move to authorize staff to seek bids for the 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. E. Approve final compensating change order and final payment for Splash Pad, Project 1512 MOTION: Move to approve the final compensating change order and accept the work for the Huset Park Splash Pad, City Project No. 1512; and to authorize final payment of $ 15,816.50 to Odesa 11 LLC of Sauk Rapids, Minnesota. F. Final payment for Zone 7 Seal Coat MOTION: Move to accept the work for 2015 Seal Coat, City Project No. 1301 and authorize final payment of $35,285.61 to Allied Blacktop Company of Maple Grove, Minnesota. G. Adopt Resolution 2015 -80 being a resolution ordering preparation of a report for MSAS Overlay MOTION: Move to waive the reading of Resolution 2015 -80, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -80, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1605. H. Adopt Resolution 2015 -82 being a resolution ordering preparation of a report for Zone 7B Seal Coat MOTION: Move to waive the reading of Resolution 2015 -82, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -82, being a Resolution ordering preparation of a feasibility report for Zone 713 Street Seal Coat Program, Project 1501. 1. Adopt Resolution 2015 -79 being a resolution ordering preparation of a report for Zones 2 and 3 Street Rehabilitation MOTION: Move to waive the reading of Resolution 2015 -79, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -79, being a Resolution ordering preparation of a feasibility report for Zones 2 and 3 Street Rehabilitation, Project 1602. J. Accept bids and award contract for Library Fiber Optic *Removed far discussion K. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 12, 2015 L. 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 158477 through 158654 in the amount of $659,324.28. Councilmember Nawrocki requested that items C and J be removed from the Consent Agenda for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Consent Agenda items A, 8, D, E, F, 6, H, 1, K and L. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for discussion: C. Second Amended and Restated Development Contract for Private Development at Huset Park Director of Community Development Joe Hogeboom explained that two contracts are being considered; both related to a development proposal from the Dominium Company. The first contract represents the development; the second contract is related to a remnant piece of land. Both items were presented at a Public Hearing of the Economic Development Authority prior to this evening's council meeting. Dolores Strand -1145 Polk PI NE asked if the development will be market rate housing. Ron Mehl, representing Dominium explained this is a 55 and older work -force affordable housing development. Mayor Peterson commented that this will be a beautiful addition to the city. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2015 -81, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -81, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates 1, LLLP for the "Redeveloper Parcels" at Huset Park Senior Living. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2015 -83, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution 2015 -83, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates 1, LLLP for the "Remnant Parcel" at Huset Park Senior Living. All Ayes, Motion Carried. J. Accept bids and award contract for library Fiber Optic Director of Public Works Kevin Hansen explained that fiber optic is necessary for connectivity for the new library. Director Hansen explained that three bids were received, and based on those bids, IS and Public Works staff recommend award of contract to Telecom Construction, Inc. in the amount of $24,953. Councilmember Nawrocki questioned the payment source. Director Hansen reported this is part of the new library budget. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to accept bids and award Fiber Optic for the new Library, City Project No. 1410, to Telecom Construction, based upon their low, qualified, responsible bid in the amount of $24,953 from Fund 450- 51410 -5185, and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Resolution approving a Conditional Use Permit for a dynamic LED sign for the property located at 4457 Central Avenue NE Associate Planner Elizabeth Holmbeck gave an overview of the request; explaining that the applicant is requesting to add an LED component above their existing pylon sign. Ms. Holmbeck reported the Planning & Zoning Commission recommend that the City Council approve the request, with a condition added that would prohibit the lighting of the sign after hours. Councilmember Schmitt questioned what happens if a less restrictive sign ordinance is adopted in the future. Holmbeck stated the applicant would be allowed to change to meet the requirements of the amended code, noting any conditions would remain in effect. Councilmember Nawrocki commented that the area is overcrowded with vehicles, and questioned If restrictions with the number of vehicles are in place. Holmbeck explained the code does address vehicles on site, and will do a site visit. Michelle Ferreira, owner of the multi - family complex at 4422 Central Ave NE presented a signed petition in opposition of the request by residents in the immediate area. Councilmember Schmitt commented that this area is in the business district. Mayor Peterson explained that LED signs are popular and necessary for businesses. City Attorney Jim Hoeft explained that because the property is in a business district, the council cannot not permit the request; they can add appropriate conditions however. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and waive the reading of Resolution 2015 -70, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt that the City Council approve a Conditional Use Permit for the property located at 4457 Central Avenue NE. 4 Ayes, 1 Nay, Motion Carried. Ayes, Peterson, Murzyn, Jr., Schmitt and Williams. Nay, Nawrocki. B. Resolution approving a Variance for a sign located at 4457 Central Avenue NE Associate Planner Elizabeth Holmbeck gave an overview of the request; explaining that the applicant is requesting a variance to allow their sign to exceed the maximum allowable square footage by 15 feet. Ms. Holmbeck reported the Planning & Zoning Commission reviewed the request, and recommended the City Council deny the request. Councilmember Schmitt suggested tabling the request, noting staff will be reviewing the City's sign code in the coming months. City Attorney Hoeft clarified that if Council amends the ordinance, the applicant would not be required to wait a specific amount of time before re- submitting their request. Harry Eiss; the applicant reported he would like the LED sign to sit above the current sign for visibility and cost reasons. Community Development Director Joe Hogeboom explained that the Planning & Zoning Commission recommended denial of the variance, noting the applicant could install a LED sign, within the current allowable sign parameters. Councilmember Schmitt suggested the council consider inviting business members to be part of any future discussions regarding the sign code changes. Motion by Councilmember Nawrocki to deny the request. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the public hearing and table the following request: 1. Waiver to Section 9.106 (P) (13) (2)- allowing a pylon sign in the General Business Zoning District to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. 4 Ayes, 1 Nay, Motion Carried. Ayes; Peterson, Murzyn, Jr., Schmitt and Williams. Nay, Nawrocki. C. Resolution approving the Site Plan for a development to be located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE Associate Planner Elizabeth Holmbeck gave an overview of the proposed project, noting that the site is currently comprised of three properties that will need to be re- platted. The project includes a four story, 191 unit senior housing building. The Planning & Zoning Commission reviewed the request at their October 6, 2015 meeting, and unanimously recommended approval. Dolores Strand -1145 Polk PI NE commented that the two proposed elevators may not be adequate. Mr. Mehl explained that two elevators are strategically located, and will serve the building well. Veronica Johnson -Jolly Lane, wanted to be sure there are stop signs at the exit of the building. Director Hogeboom reported a planning contract will be forthcoming, and that will address some of the physical components of the development. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and waive the reading of Resolution 2015 -72, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr., that the City Council approve the Site Plan for a development to be located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. All Ayes, Motion Carried D. Resolution approving a Preliminary and Final Plat for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE Associate Planner Elizabeth Holmbeck reported the developer has withdrawn the final plat request, and is requesting approval for the preliminary plat at this time. The Planning & Zoning Commission reviewed the request at their October 6, 2015 meeting, and unanimously recommended approval. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr., to close the public hearing and waive the reading of Resolution 2015 -65, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr., that the City Council approve a Preliminary for the properties located 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Fehst reported construction at the new library site is on schedule. Coffee with a cop will be Thursday, October 15th at Johnson's Bacon & Egg. Councilmember Nawrocki requested the proposed tax levy be added to the city's cable channel. Mr. Nawrocki also noted the location is missing from the Friends of Library meetings listed on the cable channel. Report of the City Attorney Mr. Hoeft had nothing to report. 11. 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. Dolores Strand -1145 Polk PI NE invited the council to attend their Sister Cities meeting scheduled for October 14th at the Public Safety Center. Connie Buesgens- 102144th Ave NE requested he City look at improving the chain link fence running along University Ave near 37th. Director of Public Works Kevin Hansen reported the city is working with MNDOT to see about removing the fence. Mayor Peterson announced "A Taste of Columbia Heights" is scheduled for Friday, November 20th at 6:00 PM. Mayor Peterson announced there will be an information meeting with the Islam Center in Fridley on Saturday October 17th at 6:30 PM. Mayor Peterson reminded all to remember our service men and women, our police and firefighters, and to do a random act of kindness. 12. ADJOURNMENT Meeting adjourned at 8:24 p.m. /,11 A& �/� Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution No. 2015 -81 A resolution of the City Council for the City of Columbia Heights, Minnesota, RESOLUTION APPROVING SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority ") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "H RA Act "). 1.02. The Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ( "BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of certain property within the Redevelopment Project in the area known as Huset Park (the "Redevelopment Property "). 1.03. A portion of the Redevelopment Property (the "Redeveloper Parcels ") has not been developed as contemplated in the Original Contract, and BNC has proposed to convey the Redeveloper Parcels to Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") and to assign the Original Contract to the Redeveloper as to such Redeveloper Parcels. 1.04. The Authority, the City and the Redeveloper have proposed to enter into a Second Amended and Restated Contract for Private Redevelopment (the "Contract "), setting forth the terms and conditions of redevelopment of the Redeveloper Parcels. 1.05. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the assignment of the Original Contract to the Redeveloper as to the Redeveloper Parcels. 2.02. The Contract 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 documents by such officials shall be conclusive evidence of approval. 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. Resolution No. 2015 -83 A resolution of the City Council for the City of Columbia Heights, Minnesota, RESOLUTION APPROVING SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES II, LLLP BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City') as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority ") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "H RA Act "). 1.02. The Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ( "BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of certain property within the Redevelopment Project in the area known as Huset Park (the "Redevelopment Property "). 1.03. A portion of the Redevelopment Property (the "Remnant Parcel ") has not been developed as contemplated in the Original Contract, and BNC has proposed to convey the Redeveloper Parcels to Columbia Heights Leased Housing Associates II, LLLP (the "Redeveloper ") and to assign the Original Contract to the Redeveloper as to such Remnant Parcel. 1.04. The Authority, the City and the Redeveloper have proposed to enter into a Second Amended and Restated Contract for Private Redevelopment (the "Contract "), setting forth the terms and conditions of redevelopment of the Remnant Parcel. 1.05. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the assignment of the Original Contract to the Redeveloper as to the Remnant Parcel. 2.02. The Contract 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 documents by such officials shall be conclusive evidence of approval. 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. Resolution No. 2015 -70 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015 -1001) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6t", 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT (a) 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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) 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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) 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. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use 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. The Conditional Use Permit is 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, including: 1. 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. I 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 sign's face at maximum brightness. 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. 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). 9. The sign can only be lit during business hours. Resolution No. 2015 -72 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1003) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall, THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval per Code Section 9.104 (N). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6t", 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Site Plan 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a. The Site Plan conforms to all applicable requirements of this article. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site plan is consistent with any applicable area plan. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Site Plan Approval; and in granting approval the City and the applicant agree that this Site Plan Approval 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. CONDITIONS 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 5. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council. 6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of -Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. Resolution No. 2015 -65 resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1004) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6t", 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Plat 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat Approval; and in granting approval the City and the applicant agree that the Plat 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. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office'within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void.