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HomeMy WebLinkAbout03-23-2015OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 23, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7 :00 PM ON MONDAY MARCH 23, 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 7:04 pm. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, and Murzyn Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Joe Hogeboom, Community Development Director; Gary Gorman, Fire Chief, Kelli Bourgeois Human Resource Director /Assistant to the City Manager; Katie Bruno, Council Secretary 3. INVOCATION Invocation provided by Pastor Bob Lyndes, Crest View Senior Community 4. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was recited. 5. 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 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 March 9, 2015. MOTION: Approve the work session minutes of March 2, 2015 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Public Arts Commission minutes of 12 -02 -2014. MOTION: Move to accept the Public Arts Commission minutes of 02 -04- 2015. MOTION: Move to accept the Public Arts Commission minutes of 02 -26- 2015. C. Approval of the attached list of rental housing licenses MOTION: Move to approve the items listed for rental housing license applications for March 23, 2015 in that they have met the requirements of the Property Maintenance Code. D. Adopt Resolution 2015 -23, 2015 -2016 Salary and Fringe Benefit Adjustment for Non - Union Supervisory Employees Council Minutes March 23, 2015 Page 2 of 9 MOTION: Move to waive the reading of Resolution 2015 -23, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -23, adopting changes in non -union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized City supervisory positions for calendar years 2015 and 2016. E. Consideration of Resolution approving a Conditional Use Permit for a Charter School at First Lutheran Church located at 1555 40th Ave. NE. *Removed for discussion. F. Acceptance of written findings regarding Calls for Service Appeal for property located at 723 38th Ave NE. *Removed for discussion. G. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 23, 2015 as presented. H. 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 155034 through 156176 in the amount of $ 612,212.53. Councilmember Nawrocki requested items E and F be removed for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to approve Consent Agenda items A, B, C, D, G and K All Ayes, Motion Carried. The following items were removed for discussion: E. Consideration of Resolution approving a Conditional Use Permit for a Charter School at First Lutheran Church located at 1555 40th Ave. NE. Councilmember Nawrocki reported he has heard concern from residents in the area regarding bus and vehicle parking. Director of Community Development Joe Hogeboom explained the applicant has asked for additional time to allow an opportunity to conduct their own neighborhood meeting in order to address some of the local concerns. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to table the request to the April 13, 2015, City Council Meeting. All Ayes, Motion Carried. F. Acceptance of written findings regarding Calls for Service Appeal for property located at 723 38th Ave NE. City Attorney Jim Hoeft explained that this item is part of the official record, and all that needs to be done is to formally accept the findings. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to accept the written findings related to calls for service at 723 38`h Ave NE. All Ayes, Motion Carried. Council Minutes March 23, 2015 Page 3 of 9 8. PUBLIC HEARINGS 1. Public Hearing to Consider an Application for Competitive Cable Communications Franchise from Qwest Broadband Services, Inc. d /b /a CenturyLink Michael Bradley (Bradley, Hagen and Gullikson) explained this is a bit of an unusual situation, as the City has not considered a franchise application since 1983. Mr. Bradley gave an overview of the application process, the public hearing process and post public hearing process. In the 2014 Century Link approached the City regarding a franchise, an application was submitted on March 12, 2015. Bradley explained to the council their role as Policy Makers over the process, and recommended the Public Hearing remain open until March 27, 2015 at 4:00 pm. Tyler Middleton, Century Link Vice President of Operations for Minnesota explained Century Link is prepared to offer competitive options for Columbia Heights residents. Middleton explained Century Link is the third largest telecommunication company in the US; noting 2.3 million homes have access to Prism TV. Mary LaFave, Director of Public Policy with Century Link explained that it is essential to have a competitive franchise approved by the City Council prior to being able to offer service. Ms. LaFave stated they would be willing to adopt similar terms as the City currently has with Comcast. LaFave explained there is a state law that makes it difficult to allow for competitive service. Minnesota law provision 238.081 mandates a substantial build -out in five years. Century Link believes the FCC preempted and overturned the rule, because that provision constitutes an un- permissible barrier to entry in competitive franchises. Because the amount of investment required by a new entrant, and the required build out, that is a barrier to entry. Councilmember Nawrocki questioned how this compares with Direct TV. LaFave explained Direct TV and Dish Network do not have any facilities in the public right -of -way, and the City has no authority over them. Councilmember Nawrocki asked how the Public Access channels would be affected. Ms. LaFave confirmed all of the City's public access channels can be carried. Councilmember Murzyn, Jr. asked about the time frame to get the entire City access. Ms. LaFave explained that would be based on market success. Tyler Middleton explained many homes in Columbia Heights already have a combination of fiber and copper networks. Councilmember Nawrocki questioned how many channels are available through the Prism TV. Middleton stated there are four pricing /packaging plans, with potentially over 200 HD channels. Councilmember Schmitt questioned the number of other cities they are negotiating with. Middleton stated they are in negotiations with just about all of the cities within the seven county metro area. Mayor Peterson questioned the proposed cost and marketing plan. Middleton explained they will be aggressive with their pricing and packaging. Frost Simula questioned if internet services would be offered as well. Mr. Middleton explained that the Prism TV operated through the internet, so a fundamental building block is to have internet service to your home at a minimum speed of 25 megabits /second. Mayor Peterson reported that the Public Hearing will remain open until March 27th. 2. Adopt Resolution 2015 -25, 4801 Jefferson Street N.E., being a Resolution of the City Council of the City-of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Council Minutes March 23, 2015 Page 4 of 9 Fire Chief Gary Gorman explained that it is believed the property is being used as rental property. Rental paperwork has been sent out, no response has been received. Motion by Councilmember Murzyn, Jr, seconded by Councilmember Schmitt to close the public hearing and to waive the reading of Resolution Number 2015 -25, being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr, seconded by Councilmember Schmitt to adopt Resolution Number 2015 -25, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A. 408(A) of the rental license listed. All Ayes, Motion Carried. 3. SECOND READING of Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements. Director of Community Development, Joe Hogeboom gave a brief explanation of the brewer Taproom /Brewpub ordinance, noting the first reading occurred at the previous council meeting. The current City Code does not have provisions for these establishments. Hogeboom reported that this is the first step in the process, noting additional meetings would be necessary, the fee schedule would need to be revised to include fees, and the zoning code would need to be revised to address this use. Councilmember Schmitt questioned how the food licensing is addressed. Director Hogeboom explained the County has various food licensing options. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to waive the reading there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements as written, and authorize staff to publish a summary of Ordnance No. 1620. All Ayes, Motion Carried. 4. SECOND READING of Ordinance No. 1621 Medical Marijuana Manufacturing and Dispensaries Moratorium. Director of Community Development, Joe Hogeboom explained this will be a highly regulated field within the state, noting there are three types of business associated with the recent passage, including growing, manufacturing and sales. The City could be approached for either the manufacturing or sales component. Director Hogeboom explained that many cities are passing moratoriums to allow ample time to research and obtain training if deemed necessary. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1621, there being an ample amount of copies available to the public. All Ayes, Motion Carried. Council Minutes March 23, 2015 Page 5 of 9 Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to approve Ordinance No. 1621 upon second reading, and authorize staff to publish a summary of Ordnance No. 1621. 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 Councilmember Nawrocki asked if the traffic concern brought up at the last meeting has been forwarded to the traffic commission. Manager Fehst confirmed that it has been, and the resident initializing the request will be notified. Councilmember Nawrocki questioned if there has been any follow up with the resident who approached the council at the last meeting regarding predatory remodelers. Frost Simula -1700 49th Ave NE confirmed that he has been contacted by Community Development Director Joe Hogeboom. Councilmember Nawrocki stated that property tax increases are in the range of 8% to 24 %. Because of the upcoming increases expected from the School District, and the library levy Councilmember Nawrocki suggested the City look for ways to reduce the budget for 2016. City Manager Fehst clarified that the City increased their expenditures 3.5% for 2015, resulting in an average increase of 5.8% per property. Fehst indicated any greater increase may be a result of a valuation increase. Residents were encouraged to attend the Board of Appeals & Equalization meeting scheduled for April 13"' at 6:00 pm. Report of the City Attorney Nothing to report. 11. CITIZENS FORUM Connie Buesgens -1021 44t�' Ave NE thanked the Public Works crew for cleaning up the area outside of Sherwin Williams. 12. ADJOURNMENT Mayor Peterson reported the Blue Grass event was a great success. Mayor Peterson reminded residents to remember our servicemen and women, and to try to enjoy life, and to do a random act of kindness. Meeting adjourned at 8:06 p.m. Respectively Submitted Katie Bruno, City Clerk/Council Secretary Council Minutes March 23, 2015 Page 6 of 9 RESOLUTION NO 2015 -23 ADOPTING CHANGES IN NON -UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non - unionized supervisory employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non- unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached, for calendar years 2015 and 2016; and that movement through the salary range is contingent upon satisfactory performance of the employee. RESOLUTION NO 2015 -25 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher J Roberts (Hereinafter "License Holder "). Whereas, the license holder is the legal owner of the real property located at 4801 Jefferson Street N.E., Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 26, 2015 of a public hearing to be held on March 23, 2015. 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 1. That on or about January 26, 2015 inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 26, 2015 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: a. Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate Council Minutes March 23, 2015 Page 7 of 9 notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number UN4801 -15 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the building covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO 1620 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ON- SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 5, Article 5, Section 5.501 of the Columbia Heights City Code, is proposed to include the following additions: § 5.501 DEFINITIONS. Brewer taproom: a facility on or adjacent to premises owned by a brewer licensed under Minn. Statute section 340A.301, Subd. 6(c), (i) or 0) and produces less than two hundred fifty thousand (250,000) barrels of malt liquor annually, and where the on -sale and consumption of malt liquor produced by the brewer is permitted pursuant to Minn. Statute section 340A.301, Subd. 6(b). Chapter 5, Article 5, Section 5.502 of the Columbia Heights City Code, is proposed to include the following additions: & 5.502.A On -sale brewer taproom (a) A brewer licensed under Minnesota Statute Section 340A.301, Subd. 6(c), (i), or 0) may be issued an on -sale liquor license for the "on sale" of malt liquor subject to the following conditions: (1) The on -sale of malt liquor may only be made during the days and hours that "on- sale" of liquor may be made. (2) A brewer may only hold one (1) brewer taproom license under this chapter. (3) The only beverage alcohol that may be sold or consumed on the premises of a brewery taproom will be the malt liquor produced by the brewer. (4) All other provisions of this chapter shall be applicable unless inconsistent with the provisions of this section. Council Minutes March 23, 2015 Page 8 of 9 (5) The annual license fee shall be as established in the license fee schedule for on sale beer licenses. (6) Licensed brewer taprooms may operate a restaurant on the premises without additional licensure Chapter 5, Article 5, Section 5.502 of the Columbia Heights City Code, is proposed to include the following additions: 5.502.B Off -sale brewer taproom (a) A brewer licensed under Minnesota Statute 340A.301, Subdivision 6(d), (1), or 0) maybe licensed for the "off - sale" of malt liquor produced and packaged on the licensed premises, subject to the following conditions: (1) Off -sale of malt liquor may only be made during the hours that "off- sale" of liquor may be made; (2) The malt liquor shall be packaged in sixty- four -ounce containers commonly known as "growlers" or in seven hundred fifty (750) milliliter bottles; (3) The malt liquor sold at "off- sale" must be removed from the licensed premise before the applicable closing time at exclusive liquor stores; (4) The "growler" must be sealed in such a manner that the seal must be broken in order to open the container and the seal must bear the name and address of the brewer, and the legend "Not for Consumption in Public" must be prominently displayed on the seal. (b) "Off- sale" malt liquor premises shall not be subject to the requirement that they be in excess of two thousand (2,000) feet from another "off- sale" liquor premise. (c) The annual license fee shall be as listed in the License Fee Schedule ORDINANCE NO 1621 BEING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON MEDICAL CANNIBIS OR MARIJUANA MANUFACTURING AND DISTRIBUTION FACILITIES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE NEED FOR AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS' OFFICIAL CONTROLS Section 1: WHEREAS, the State of Minnesota, through its passage of 2014 Session Laws, Chapter 311, §§ 1 -22, the Medical Cannabis Therapeutic Research Act of 2014 (the "Act "), Minnesota's fist law authorizing and regulating the use, manufacturing and distribution of medical marijuana in the forms of pills, liquids and oils; and WHEREAS, medical marijuana manufacturing and distribution facilities represent a new land use not presently addressed in the City's official controls and never previously studied by the City; and WHEREAS, the Act requires that approved manufacturers operate a total of eight distribution facilities, evenly dispersed throughout the state; and Council Minutes March 23, 2015 Page 9 of 9 WHEREAS, the Act prohibits dispensaries near schools and co- location with healthcare practitioners, but does not preclude the City from placing additional location limitations or regulatory requirements on medical marijuana manufacturing and distribution facilities; and WHEREAS, to protect the health, safety and welfare of the citizens of Columbia Heights, City staff must study the need for amendments or additions to the City's official controls to address medical marijuana manufacturing and distribution Section 2: The City of Columbia Heights does ordain: A moratorium shall be placed on any and all medical marijuana manufacturing and distribution facilities. For the duration stated herein and until the City has completed a study of the need for amendments or additions to the City's official controls to protect the public health, safety and welfare, the City, shall not accept, issue or process any application for use of real property anywhere in the City for the purpose of a medical marijuana manufacturing or distribution centers. This moratorium shall apply, without limitation, to comprehensive land use plan amendments, requests for rezoning, subdivisions, variances, conditional use permits, site plan review applications and building permits for the construction or operation of medical marijuana manufacturing or distribution centers. During the period of this moratorium, City staff will conduct a study of the official controls, including appropriate permitting, licensing, land use controls and development standards that may need to be adopted or revised to protect the public health, safety and welfare of the citizens. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage, and without further action from the City Council, throughout one year from its effective date. The duration of the moratorium established under this Section may be extended by adoption of an amendment hereto for a total time not to exceed the limits set forth in Minnesota Statutes Section 462.355, subd. 4, as amended from time to time.