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HomeMy WebLinkAbout04/14/2014 RegularMinutes of the Regular meeting of the City Council 7:00 PM, April 14, 2014 City Council Chambers, City Hall 590 40th Avenue N.E. Columbia Heights, MN CALL TO ORDER Mayor Peterson called the meeting to order at 7:02 p.m. APPOINT SECRETARY PRO TEM MOTION by Councilmember Nawrocki, seconded by Councilmember Schmitt, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. ROLL CALL Present: Councilmembers Schmitt, Williams, Diehm, Nawrocki. Mayor Peterson Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director /City Engineer. INVOCATION The invocation provided by Pastor Bob Lyndes, Crestview Lutheran Homes PLEDGE OF ALLEGIANCE — recited. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Councilmember Nawrocki will have some questions for the City Manager later in the meeting. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS PROCLAMATIONS: The Mayor read Arbor Day (April 25) and Arbor Month (May) proclamation. Tim Lund, Public Works Foreman, was there to accept the proclamation and mentioned that on Friday, April 25, at Prestemon Park there will be a tree planting at 1 p.m. The Mayor read the Community Prayer Breakfast (May 7) proclamation. Sal DeLio will be the keynote speaker. The event starts at 7 a.m., and everyone is invited. The Mayor read National Library Week (April 13 -19) proclamation. Barb Kondrick, Adult Services Librarian, and Renee Dougherty, Library Director were there to accept the proclamation. Barb read several comments received from patrons (the library saves me money, service is the greatest, it's a great learning experience, I am a 12 year patron, and I am a reader who went on to become a librarian). ANNOUNCEMENTS: City Council Minutes April 14,2014 Page 1 The Mayor announced that nominations for Humanitarian of the Year will be accepted until May 17. The person must be a Columbia Heights resident. Nomination forms are available at the City Hall switchboard area and on our website. The Mayor also announced that the Heights Idol Program, run by Liz Bray from Recreation, will have their first round at Murzyn Hall on May 15. All ages and any talent can enter. The final round of Heights Idol will be on June 28 at Jamboree. If questions, please call 706 -3733. 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.) Councilmember Nawrocki asked that items B, D, E, F, G, H, I, and J be removed from consent. The Mayor asked Councilmember Nawrocki which of those items did he wished pulled so more information can be provided to the public? He stated Item D. The Mayor stated that the City Manager will explain that item in more detail when reviewing the consent items, so it will remain on the Consent Agenda portion of this agenda. A. Approve Minutes of the City Council meeting of March 24 2014 C. Approve Reappointments to Various Boards and Commissions. The Mayor recommends reappointment for the following people /commissions /terms: Steve Smith to a three year term on the Library Board; David Payne and Kevin McDonald to a two year term on the Park and Recreation Commission; Rob Fiorendino to a four year term on the Planning and Zoning Commission, and Ed Carlson to a four year term on the Traffic Commission. D. Authorize Staff to Seek Bids for 2014 Miscellaneous Utility Repair Protect Councilmember Nawrocki asked the City Manager for further information on this project. Additional hydrants and valves were needed on this project. K. Approve Business License Applications as listed on the Business License Agenda for April 14 2014 as presented. L. Payment of Bills in accordance with Minnesota Statute 412.271, subd $ the City Council has received the list of claims paid covering check number 151696 through 151966 in the amount of $876,766.64. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to approve the Consent Agenda items listed above. Motion passed unanimously. The following items removed from consent were then discussed: B. Accept Board and Commission Meeting Minutes Councilmember Nawrocki noted that in the October 13, 2013, Park and Recreation Commission minutes an increase in hall rental fees was mentioned and asked if the council has voted on that; the answer was yes. He also noted that in the Library Board minutes, a list of maintenance issues was mentioned, and he would like to see that list of maintenance issues. City Council Minutes April 14, 2014 Page 2 MOTION by Councilmember Diehm, seconded by Councilmember Schmitt to accept the October 13, 2013, minutes of the Park and Recreation Commission; the March S, 2014, minutes of the Library Board; and the April 1, 2014, minutes of the Public Arts Commission. Motion passed unanimously. E. Approve Final Compensating Change Order and Final Payment for 2012 Street Rehabilitation Zone 7, Project No. 1202 Kevin Hansen, Public Works Director /City Engineer, went over the changes for the final change order including field changes and unknown conditions. Items include additional work at Grandview Court; MSC storm sewer along Madison Street; water main extensions; hydrant extension and sanitary sewer extension work on the 50t1i Avenue turn lane; and sump pump drain work in the alley from Jackson Street to Van Buren. The total of the change order was $24,708.09. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to approve the final compensating change order and accept the work for 2012 Street Rehabilitation, Zone 7, City Project No. 1202, and authorize final payment of $38,578.55 to Bituminous Roadways, Inc. of Mendota Heights, Minnesota. Motion passed unanimously. F. Adopt Financial Assistance Policy for Frozen Water Lines At the regular meeting of March 24th, the City Council referred to work session the issue of private frozen water services. The discussion at the meeting focused on considering providing some type of assistance to residents related to frozen water services. Currently, Public Works staff has been informed of 45 private water services that were frozen in 2014. It appears that cold weather this winter has caused frost deeper in the ground than we've seen in decades. A frozen water service is not necessarily an indication of fault of the City or the property owner; media is reporting that it is impacting people statewide this winter. Based on records at Public Works, the city has not experienced this number of frozen water services since 1971/1972. Public Works staff contacted surrounding cities to inquire as to what type of assistance, if any, their city was offering to residents regarding frozen water services. Results from that survey fall into one of three general categories: 1) No assistance is being provided by a City; 2) Assistance is being provided by a credit on the water bill after a frozen service has been cleared; or 3) Assistance is being provided by a cost share for unthawing the private water service. The Council directed staff to prepare a policy that would provide a financial cost share to residents to unthaw the private water services, and that it be income qualifying based. A proposed policy that would provide a matching cost share up to a maximum of $500 per parcel per year was presented. It also includes language providing income requirements, identical to what the City of Columbia Heights has established for special assessment deferrals and utility billing. The City of Columbia Heights is establishing this policy to help affected property owners by cost sharing in service line thawing efforts under the following conditions: A. This policy shall apply only to properties that had no water due to freezing of the private water line. B. This cost sharing procedure shall apply only to property owned and occupied by the applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. C. No cost share shall be granted to any owner who has a gross annual household income from all sources in excess of $33,000.* D. The City is notified of the situation prior to the line thawing efforts. City Council Minutes April 14,2014 Page 3 E. The property owner is responsible for hiring a qualified/licensed person(s) for the work and providing legitimate documentation of costs. F. The City will participate in one -half of the costs, up to a maximum of $500 of City cost (i.e. $1,000 total thawing cost) per property per year. G. The methods used are industry accepted /standardized and do not constitute an undue health, safety or fire hazard to public or private infrastructure. H. Inquiries and requests for reimbursement should be directed to the Public Works Department. I. In order to obtain a cost share reimbursement for unthawing a frozen water service, the homeowner must make application on the forms provided by the Public Works Department. * Income qualification limits are established by the City Council annually. The City may modify or clarify this policy at any time. The City has delegated responsibility or authority to city employees or officials for the development and implementation of this policy. The City Council or City Manager shall have full authority to modify any portion of this policy when deemed necessary. The Public Works Director or designee shall keep on file comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments /complaints since the last review and any other factors affecting the policy or its implementation. This policy shall be made effective as of January 1, 2014. Modifications to the policy shall be effective on the date said modifications are approved by the City Council or the date the city employees or official (with authority granted by the City Council) has approved the policy modifications or implemented changes. Councilmember Nawrocki questioned the part about a resident must notify the city before fixing it (item D of policy). What if this happened on the weekend or evening? The Public Works Director stated they are a 24/7 operation. The City Manager stated this is just for this year only. Councilmember Nawrocki wanted it ongoing, and wanted to amend the policy to make it as an ongoing program. Councilmember Diehm stated can review and change this policy at any time. Councilmember Schmitt stated the council could evaluate the program in the fall; by then we can see who took advantage of this new policy. Adjustments could be made in the fall. But until then, this policy will remain as this until the council changes it. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to adopt the Financial Assistance Policy for Frozen Water Lines dated April 2014. Motion passed unanimously. G. Authorize Step 2 Actions for the Minnesota GreenStep Cities Program Jesse Davies, Administrative Assistant — Public Works, reviewed this item for the council and residents. The purpose of the GreenStep Cities Program is to provide a pathway and assistance to help cities achieve sustainability goals for energy use reduction, costs savings, and regulatory standards. The City of Columbia Heights is a category `A' city as we are fully developed and located in the seven county metro area. Applying for GreenStep Cities is voluntary and there is no required timeline for completion, and the City can withdraw from the program at any time. The GreenStep Cities program is currently a 3 -step process that will require implementing a minimum of 16 Best Practices (BPs) consisting of over 30 actions. As Columbia Heights is a category `A' city, we will need to implement 16 BPs to complete the program (steps 1 -3). There are several BPs that are required by State and Metro Council regulations, and other BPs may require modification to comprehensive and capital improvement plans, but since there is no timeline, this can be conducted during the normal planning cycle. City Council Minutes April 14, 2014 Page 4 A proposed plan to achieve GreenStep City Step 2 recognition would be: 1. Step 2 requirements (Organization through completion of 8 BPs): a. Enter information about the city on the GreenStep website. b. Enter energy information for city buildings on the B3 (Building, Benchmarking, and Beyond) website c. Log actions already taken that qualify for the GreenStep program. d. Select initial BPs, develop a general plan for implementation, and present the proposed BPs to the City Council for authorization to begin work. e. Incorporate a plan to accomplish the actions of the selected BP's through the normal planning process. f. Begin work to implement the initial BP's. g. Update the GreenStep website with City actions and apply for recognition as a Step 2 GreenStep City. To achieve Step 2 recognition, the City will need to enter 8 BPs on the GreenStep website for credit. Public Works has entered four BPs already and achieved credit for those tasks: 1 BP #1.1 - Minnesota B3 Benchmarking database rated for 2 stars 2 BP #6.1 - Comprehensive Plan rated for 2 stars 3 BP #6.2 - Regulatory ordinances comply with Comp plan rated for 1 star 4 BP #17.6 - Erosion and Sediment Control rated for 2 stars The City will need to complete four more tasks for Step 2 recognition. Staff proposes the next four steps to enter for credit. No new work or projects are proposed only gaining credit for tasks and measures already accomplished in the past: BP9.1 Establish design goals for at least one highway corridor. Following the completion of the Central Avenue Streetscaping Improvements in 2003, the Central Avenue Design Guidelines was created -which will qualify for this best practice item. BP11.6 Implement traffic calming measures in at least one street redevelopment project. The City completed the Huset Parkway street project in 2005, which includes a roundabout - which will qualify for this best practice item. BP16.1 Certify as a Tree City USA. The City has been a Tree City USA qualified member for over 20 years and with continued membership will qualify for this best practice item. BP20.3 Establish an on -going budget and program for decreasing inflow and infiltration into sewer lines. The City has had an inflow and infiltration (1/1) program since 2004 (following the 1JI peak threshold program established by Metropolitan Council Environmental Services). The City's annual I/I reduction program will qualify for this best practice item. It is strongly recommended that the City first review City buildings and department operations for sustainability actions as a community leader, and to reduce costs, before looking toward the community to do the same. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to authorize the City to complete the Step 2 requirements of the GreenStep Cities program. Roll call vote: All ayes. Motion passed. H. Approve Three Year Contract Extension of Refuse and Recycling to Advanced Disposal Jesse Davies, Administrative Assistant— Public Works, reviewed this item for the council and residents. The City Council accepted bids for the refuse and recycling RFP on September 14, 2009 and directed staff to prepare a contract that would start January 1, 2010 and end December 31, 2014 with Veolia Environmental Solid Waste Services (now Advanced Disposal), the low responsible bidder. This was the first time in over 20 City Council Minutes April 14, 2014 Page 5 years the City changed the refuse service provider. The current contract allows for a three -year extension at the option of the City. Major changes to refuse operations since 2009 are summarized as follows: Tipping fees have been defined and added to be separately tracked by actual tons in the payment procedures. The City is utilizing single -sort recycling carts and collection changed to every other week for recycling. The City moved the recycling collection point to the same location as refuse (i.e. to the alley where permitted) and noted almost a 30% increase in recycling tonnage since 2009. A recycling rebate provision was added to provide for revenue sharing of recyclables collected citywide. A fuel escalation clause was added to account for fluctuations in fuel costs. Allows the contractor to service multi - dwelling properties with carts instead of dumpsters where permitted. All multi - dwelling properties received 90 gallon recycling carts. The contractor allows households to upgrade to a 90 gallon recycling cart for the same rate as the 60 gallon. In addition, the contractor has provided some multi- dwelling properties with more recycling carts and /or scheduled additional collections per month at no additional charge. Advanced Disposal has submitted a proposal to extend the contract three years as allowed in the current contract. The City has benefited from the ability to provide for the highest level of service at a low cost, with a contractor that most residents seem to appreciate. The vast majority of refuse complaints are nuisance related and problems caused by residents /property owners. Complaints with the service provider are mostly weather delayed services and late yard waste service. Staff recommends the contract and operations remain the same, except for a minor change in procedures to utilize grant money for subsidizing curbside electronics collection. Staff makes this recommendation given that the current contractor was the low bidder for the previous five years at a 3.7% increase each year, and now has lowered the rate for the next three years. In addition, a change in refuse contractor is very disruptive for the City, therefore it is recommended to execute the three year extension in the current contract. Staff does not recommend weekly recycling collection at this time, but will continue to encourage residents to upgrade to the 90 gallon recycling carts and to provide additional carts or collections for apartments as needed at the same flat recycling rate. The contractor currently collects extra recycling material outside of the cart as well. Only 28 residents indicated interest for weekly recycling collection on the survey. In addition, staff does not recommend a source - separated organics collection system before 2016 to allow the new commercial composting regulations and procedures to be worked out by the haulers and commercial composters. This will also allow staff time to gather lessons learned and adopt best practices by other communities who are starting the combined yard waste /organics collection process. It is noteworthy that 47 residents indicated some interest in organics collection with the yard waste out of 58 responses. An amendment to the contract will be brought forward to the council when ready to proceed. Staff does recommend the City of Columbia Heights conduct a complete refuse services RFP after the three - year extension allowed in the current contract. Councilmember Nawrocki asked if the rates are going to increase for residents in the next three years and can we expect an increase in garbage /recycling? Mr. Davies stated we have increased recycling by 30% since 2009. The Mayor stated he is pleased with the contract and extension and that the costs are fair. Councilmember Diehm stated the driver and truck costs increased in the City Council Minutes April 14, 2014 Page 6 first five years, but there will be less of an increase in the three year extension. There is also a cost to switch haulers and containers. Councilmember Nawrocki stated we have good service, but not exemplary service. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to authorize the City Manager and Mayor to enter into a three year contract extension for Refuse, Recycling and Yard Waste Services with Advanced Disposal, as provided in the current contract. Motion passed unanimously. I. Adopt Resolution 2014 -24 Accepting Feasibility Report and Authorizing Cleaning and Lining of 6,005 Lineal Feet of Water Main (Under The City of Minneapolis 2014 Program) City Project No. 1403 Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called `tuberculation' and results in restricted flows. In January of 2005, staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. In 2005, Columbia Heights began an annual cleaning and lining program under the City of Minneapolis Cleaning and Lining Program. Below are the areas that have been completed since 2008. In 2008, the cleaning and lining program completed 4,300 lineal feet of pipe. In 2009, the cleaning and lining program completed 5,150 lineal feet of pipe. In 2011, the cleaning and lining program completed 4,199 lineal feet of pipe. In 2012, the cleaning and lining program completed 3,920 lineal feet of pipe. In 2013, the cleaning and lining program completed 4,279 lineal feet of pipe. Areas affected are outlined in the council letter. City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 or more years of service. Based upon these results, staff conducted C- Factor testing on other known problem areas of the water distribution system. C- Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C- Factor is then calculated which can be used to determine the amount of tuberculation in -pipe. We would have expected the C- Factors in the areas tested (based on age) to be in a range of 90 -95. A general rule of thumb is values below a range of 70 -75 would indicate a pipe in poor and tuberculated condition. The measured C- Factors in the 2014 proposed program area average 43, which is considered heavily turburculated. Based upon the C- Factor testing, staff is recommending a 2014 Cleaning and Lining Program to complete the Maithaire area in the following streets: 1) Mulcare Drive from Pierce Terrace to Polk Place 2) Pierce Terrace from Polk Place to Polk Place /Pierce Terrace 3) 50th Avenue from Tyler Street to Fillmore Street 4) Buchanan Place from Fillmore Street to Pierce Terrace 5) Lincoln Terrace from Molan Terrace to Johnson Street 6) Fillmore Street from north of 49th Avenue to Pierce Terrace. City Council Minutes April 14, 2014 Page 7 A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. At the direction of the City Council, repairs and replacements of water service lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed this spring in the proposed program area. The work is conducted cooperatively where City forces provide all excavations, restorations and traffic control; Minneapolis provides temporary water services, reassembling the pipe and valves, disinfections of the new pipe, and contract administration; and a contractor (publicly bid by Minneapolis) provides the cleaning and lining of water mains. Based upon the past years program costs from the City of Minneapolis, staff is proposing a total 2014 program cost of $375,000 consistent with the amount established in the 2014 Water Construction Fund budget. The project will begin the end of June. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to waive the reading of Resolution 2014 -24, there being ample copies available for the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to adopt Resolution 2014 -24 which accepts the Feasibility Report, for the 2014 Water Main Cleaning and Lining Program and orders the Public Improvementfor water main cleaning and lining ofpipe totaling 6,005 lineal feet, under the City of Minneapolis Cleaning and Lining program for 2014. Motion passed unanimously. J. Authorize Staff to Seek Bids for Soil Borings and Property urvey at the Former NEI Site When considering land for development, whether new or redevelopment, there are common tasks that need to be completed early in the planning stage such as soil borings and a property survey. Soil borings are needed to examine soil bearing capacity for design, presence of any type of contamination, soil types for suitability in storm water design and reuse on the property, and presence of ground water. Property surveys are required to define the property boundary, establish the legal description of the property, for use in platting the property (if necessary), perform a title search to establish ownership, easements or legal recordings associated with the property, and for defining utilities on the property. This type of information is useful whether the property will be developed immediately or several years in the future. The Library Task Force members have sent a letter to the Mayor and Council regarding pursuing a new library at one of two locations: behind the Public Safety Building or near Huset Park. The Mayor stated we need to find out if it is a suitable site to building a library on or anything. Soil borings and a survey are needed. Councilmember Nawroeki stated a new library would be nice but is not sure it is the proper time to build it —it's premature. We are already paying debt service on the Public Safety Building and liquor stores. This should go out for a vote. He asked what the cost estimates for the borings and survey would be. The Public Works Director stated $6,000- $8,000 for the soil borings and $4,000- $6,000 for the survey. Councilmember Schmitt stated the land next to the Public Safety Building has been vacant for 13 years. We should do something with this property. MOTION by Councilmember Diehm, seconded by Councilmember Schmitt, to authorize staff to seek bids for soil borings and a property survey at the 1.6 acre parcel north of 825 41st Avenue (former NEI site). Roll call vote: Ayes: Schmitt, Williams, Diehm, Peterson. Nay: Nawroeki. Motion passed. PUBLIC HEARINGS City Council Minutes April 14, 2014 Page 8 A. Adopt Resolution 2014 -23, Approving Interim Use Permit for Temporary Outdoor Sales for Frattallone's Ace Hardware 4340 Central Avenue N.E. Elizabeth Holmbeck, Community Development Intern, presented the information on this item. Ace Hardware would like an interim use permit for temporary outdoor sales from April 26 to July 31. There were a few questions about the storage area and tent area in the parking lot. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki, to close the public hearing and waive the reading of Resolution 2014 -23, there being ample copies available to the public. Motion passed unanimously. MOTION by, seconded by Diehm, seconded by Councilmember Schmitt, to adopt Resolution 2014 -23, being a resolution for an Interim Use Permit for the proposed temporary outdoor sales for Frattallone's Ace Hardware, located at 4340 Central Ave. NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. Motion passed unanimously. B. Adopt Resolution 2014 -20, Approving Conditional Use Permit for Operation of a Religious Facility for Iglesia Pentecostal Unida, 4230 Central Avenue N.E. Elizabeth Holmbeck, Community Development Intern, presented the information on this item. A small group of people wish to use this location to meet three times a week: Tuesday evening, Saturday evening, and Sunday morning for one -on -one counseling sessions. If the group ever grew to 50 people or more, they would need to contact the Building Official as there would be parking issues and fire codes to address. Conditional Use Permits are reviewed upon complaints or annually. Joe Hogeboom, Assistant Community Development Director, stated the food wagon will be back! MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki, to close the public hearing and waive the reading of Resolution 2014 -20, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki, to adopt Resolution 2014 -20, being a resolution for a Conditional Use Permit for the proposed operation of a religious facility for Iglesia Pentecostal Unida, located at 4230 Central Ave. NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. Motion passed unanimously. C. Adopt Emergency Ordinance No. 1614 Tobacco License Moratorium Scott Clark, Community Development Director, presented information on this emergency ordinance. He stated we have five available smoke shop licenses. On March 31, 2014, a tobacco license was voluntarily surrendered back to the city, leaving one of the available five licenses to be applied for. Due to the fact that the surrendered license was associated with a problematic hookah lounge, staff believes it is appropriate to review and study the impacts that the issuance of tobacco licenses are having on the community. Per state law, the city has the right to establish a moratorium to study such matters. The emergency ordinance in front of the council tonight would be in place until October 12, 2014, or a period shorter if the study and any subsequent amendments are made. Section 6 of the proposed ordinance states the it is necessary to undertake a land use study to determine the impact of a high concentration of smoke shops on the economic vitality of the city, including specifically defining what a smoke shop is, defining the term sampling, where smoke shops may be located throughout the city, how close smoke shops uses may be from City Council Minutes April 14, 2014 Page 9 one another, whether licensing requirements should be altered specifically for smoke shops including the actual number of licenses to be granted, compliance with state law relevant to smoking of various and sundry products and studying and implementing definitions and other related provisions for e- tobacco products. The City Attorney has reviewed and approved the language in Emergency Ordinance No. 1614 as written. Smoke shops are governed by ordinances; hookah shops are not governed by ordinances. We should study what has been positive or negative in the past three to four years. Councilmember Schmitt thought this ordinance was a little premature, as the state will probably define this for us soon. The number of shops does not matter, but who is running them. We need to step back and look at it and see what will work for them and us. It was questioned what was "general public nuisances" in Section 5 of the proposed ordinance. The Chief had a walk through in a hookah shop and the air was thick with smoke. The air infilitration also leaks into other units in a strip mall. Parking can also be an issue. Councilmember Diehm stated that if we had no emergency ordinance in place, we would probably have to allow another new place in the city. Resident Tim Utz from 4141 Stinson Boulevard thought the council should wait a couple of weeks to act on it. It does not impact current business owners, but there has not been proper notice to other companies in this type of business to be here to voice their opinions. Councilmember Schmitt stated we have four licenses out now and if we wait another two weeks, someone could come in and apply for the fifth license. We should take six months to review the situation. It would be a good move to halt any more for six months. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki, to waive the reading of Ordinance No. 1614, there being an ample amount of copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki, to adopt Emergency Ordinance No. 1614, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare of city residents and regulating the establishment of smoke shops in all commercial districts. Motion passed unanimously. 10. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions- None B. Bid Considerations - None C. New Business and Reports - None 11. ADMINISTRATIVE REPORTS Report of the City Manager Walt Fehst, City Manager, stated that the Library Board would like to build a new library next to the Public Safety Building. We could get Cindy McCleary from Leo A. Daly to provide us with actual costs at that site and a bonding amount. We should go out for bids. Councilmember Nawrocki stated there is a lot of trash at the back of the lot on the corner of 47"' and Central. The owner should take care of this. The Fire Department should notify the property owner and ask for their cooperation. Public Works will be out picking up trash; this would provide safety training for a couple of our young seasonal workers. The Kiwanis Club has about 15 to 20 volunteers who clean up the right of way from 37th to 53rd and they will start in a few weeks. The Lions Club also does University as well as the Highway Department. City Council Minutes April 14, 2014 Page 10 Councilmember Nawrocki had a flyer from Total Wine, a national liquor store opening in Roseville. He would like a comparison of their prices to our liquor store prices. Councilmember Nawrocki stated that three or four people from the city that went to Washington lately for a conference and to meet with Congressman Ellison. He asked what the results of that meeting were. The City Manager stated that the meeting with Congressman Ellison regarding the sale of Parkview Villa was quite productive. Representatives from Aeon were there along with HUD. The Mayor stated it was impressive, and was well worth the time and money spent to go there to hasten this process. Report of the City Attorney: None 12. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record.) Nile Harper,1437 Glacier Lane, Fridley, a Library Task Force member, spoke on the possibility of a new library and suggested the site next to Murzyn Hall. He reviewed the criteria of cutting costs (money important), being fiscally responsible, and building on city -owned land. He thanked the council for their actions on taking soil borings and a survey of the property next to the Public Safety Building and suggested that soil borings and a survey also be taken on the Huset Park property at the same time. Mr. Harper provided a map to the council members. He talked about this property being city - owned, buildable, having plenty of parking, and a great place for a new image/branding. Murzyn Hall and the City Hall are already here. He asked the council to have faith, courage, and a vision and keep their options open. He stated if the council chose the Huset site, they would get a lot of support, and it would be something to be very proud of Councilmember Williams stated he thinks the Huset site is a better site than by the Public Safety Building. David Larson, 2100 Argonne Dr. NE, Columbia Heights, Chair of the Library Task Force then spoke. He feels a new library would be a tremendous asset to our community. It helps schools, businesses, and gets children out of the basement. This location would provide lots of windows and sun! Our current building is 54 years old. We need to improve our community. In 1999, a needs assessment said the library was too small. It's time to build a new library! Harold Hoium, 4200 3 d Street, mentioned at 41" and 5th Street there is an empty house with a big pile of trash in the yard. Councilmember Nawrocki stated he spoke with the Assistant Fire Chief, John Larkin, and the city got a contractor to take care of the trash. It is a foreclosed property. 13. ADJOURNMENT The meeting adjourned at 9:30 p.m. Ksp ctfully submitted, role J Secretary Pro Tem City Council Minutes April 14,2014 Page 1 l RESOLUTION NO. 2014-20 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RELIGIOUS FACILITY AT 4230 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014 -0401) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4230 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. 1. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D), to allow a religious facility to operate in the Limited Business (LB) Zoning District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 1St, 2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. City Council Minutes April 14, 2014 Page 12 CONDITIONS ATTACHED: 1. The nature of the use associated with this facility shall be limited to small group gatherings. 2. If membership grows to 50 or more members, the applicant must contact the Building Official to discuss possible Building Code and Fire Code issues. The Building Official, in coordination with the Fire Department, may require structural modifications to the building at that time. 3. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. RESOLUTION NO. 2014 -23 RESOLUTION APPROVING AN INTERIM USE PERMIT FOR TEMPORARY OUTDOOR SALES AT FRATTALLONE'S ACE HARDWARE 4340 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2014 -0402) has been submitted by Leslie DeLisi, representing Frattallone's Ace Hardware to the City Council requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for temporary outdoor sales from April 26th to July 31 st, 2014. WHEREAS, the City Council held a public hearing as required by the City Zoning Code on April 14th, 2014, Representatives from Frattallone's Ace Hardware had first contacted the City after the April Planning and Zoning Commission meeting submittal deadline. A public hearing is required in order to issue an Interim Use Permit. To accommodate Ace Hardware's preferred opening date, staff recommended that the public hearing be held at the April 14th City Council meeting. WHEREAS, the City Council has considered the advice and recommendations of the City staff 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; 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: 1. The use is one of the interim 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 disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. 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. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. City Council Minutes April 14, 2014 Page 13 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 after July 31st, 2014. CONDITIONS ATTACHED: 1. Outdoor agricultural /produce sales located within the public right -of -way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -two (32) square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. RESOLUTION NO. 2014-24 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2014 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT NO. 1403 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program, and WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2014 Water Main Cleaning and Lining Program, and WHEREAS, the 2014 Water Main Cleaning and Lining Program includes the following main segments: • Mulcare Drive from Pierce Terrace to Polk Place • Pierce Terrace from Polk Place to Polk Place /Pierce Terrace • 50th Avenue from Tyler Street to Fillmore Street • Buchanan Place from Fillmore Street to Pierce Terrace • Lincoln Terrace from Molan Terrace to Johnson Street • Fillmore Street from north of 49th Avenue to Pierce Terrace WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on April 14, 2014. 1OW, THEREFORE, MINNESOTA a City Council Minutes April 14, 2014 Page 14 I . The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $375,000. 2. Such improvement is necessary, cost - effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 14t' of April, 2014. 4. These improvements shall also be known as Project No. 1403 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. EMERGENCY ORDINANCE NO. 1614 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF REGULATING DISTRICTS SMOKE SHOPS IN ALL COMMERCIAL The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five commercial districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The three commercial districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: To date, the City of Columbia Heights has established the capacity to have five licensed smoke shops. To date, a number of issues have arisen from these establishments ranging from general public nuisances to severe public safety considerations. In addition, the advent of new smoking products commonly referred to as e- cigarettes and related e- tobacco products are not addressed within the Zoning Ordinance nor the City's licensing process, and, Section 6: The City Council determines it is necessary to undertake a land use study to determine the impact of a high concentration of smoke shops on the economic vitality of the city, including specifically defining what a smoke shop is, defining the term sampling, where smoke shops may be located throughout the City, how close smoke shops uses may be from one another, whether licensing requirements should be altered specifically for smoke shops including the actual number of licenses to be granted, compliance with State law relevant to smoking of various and sundry products and studying and implementing definitions and other related provisions for e- tobacco products; and, Section 7: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of existing smoke shops and the introduction of new smoke shops within the City, while the information is gathered regarding smoke shops so as to obtain an accurate depiction of the effects such uses have in Columbia Heights; and, Section 8: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 9: The Columbia Heights City Council hereby imposes a moratorium on smoke shops in the LB, City Council Minutes April I4, 2014 Page 15 Limited Business District, GB, General Business District, and CBD, Central Business District effective immediately for the duration of six months, terminating on October 12, 2014, and recognizing said time period may be shortened by an ordinance adopted by the City Council. Section 10: Activities affected by this moratorium include the establishment of smoke shops and the expansion of existing smoke shops within the LB, GB and CBD Commercial Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 11: This Ordinance shall be in full force and effect immediately. City Council Minutes April 14, 2014 Page 16