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.