Loading...
HomeMy WebLinkAbout11-14-2016OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 14, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday November 14, 2016 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 7:00 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Joe Hogeboom; Community Development Director, Elizabeth Holmbeck; City Planner, Scott Nadeau; Police Chief and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bill Hugo, St Matthew Church 4. PLEDGE OF ALLEGIANCE S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced the Taste of Heights Holiday Kick -off will take place on November 17th at Murzyn Hall. 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 October 24, 2016 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning Commission meeting of October 4, 2016 MOTION: Move to accept the minutes of the Special EDA Commission meeting of October 24, 2016 MOTION: Move to accept the minutes of the Traffic Commission meeting of October 3, 2016 MOTION: Move to accept the Draft minutes of the Traffic Commission meeting of November 7, 2016 MOTION: Move to accept the minutes of the Library Board meeting of October 5, 2016 C. Canvassing of 2016 General Election Results MOTION: Move to waive the reading of Resolution No. 2016 -106, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -106 being a Resolution canvassing municipal general election City Council Minutes November 14, 2016 Page 2 of 10 returns and approve the signing of the Abstract. D. Designate "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70' north of the driveway. MOTION: Move to designate "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70' north of the driveway. E. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 14, 2016. F. 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 163360 through 163629 in the amount of $ 1,566,205.63. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to approve the Consent Agenda, as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Consideration of a Minor Subdivision for the property located at 1016 44th Avenue NE. City Planner Elizabeth Holmbeck gave an overview of the request, indicating the Planning & Zoning Commission recommended approval. Councilmember Nawrocki questioned if there is flooding on the property. Holmbeck indicated the Public Works Director is aware of the property and will work with the applicant. Brian Beaufeaux, the applicant indicated that he has not noticed any flooding since July. Beaufeaux indicated a soil sample was conducted, and it was determined this is a buildable lot. Mike Guzik, 1030 44th Ave NE stated that there is frequent flooding in the area. Mr. Guzik questioned if a duplex would be permitted on the property, noting his opposition. Paul Ramacher -1025 44th Ave NE stated he was concerned that the proposed lot line would not be in line with the other properties. Councilmember Schmitt commented that many of the current lot lines are jogged. Mr. Ramacher indicated his opposition to a duplex being constructed. Councilmember Schmitt suggested the item be tabled in order to allow the Mississippi Watershed District an opportunity to review the request. City Attorney Jim Hoeft reported the request meets the zoning requirements for a 112A district, and there is no legal basis for denial. Councilmember Schmitt asked the applicant if he would be interested in moving the property line. Mr. Beaufeaux stated he would want to continue with his original plan. City Council Minutes November 14, 2016 Page 3 of 10 Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution No. 2016 -104, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve the Minor Subdivision for the property located at 1016 44th Avenue NE., subject to certain conditions of approval. All Ayes, Motion Carried. B. Consideration of a Conditional Use Permit for the property located at 1016 44th Avenue NE. to be subdivided: 110143rd % Avenue NE. City Planner Elizabeth Holmbeck reported that the Planning & Zoning Commission recommend the request be denied. Three neighboring properties were concerned with the proposal for a two family dwelling. City Attorney Jim Hoeft reported the council is not required to approve the Conditional Use Permit without building plans available for review. Hoeft indicated the following options for consideration; 1) Deny the request because there are no plans to review. 2) The item can be tabled to allow time for plans to be presented. 3) Approval, although unusual without knowledge of proposed plans. Mayor Peterson indicated he would be in favor of a single family house, not a duplex. Councilmember Murzyn, Jr. agreed with Mayor Peterson. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to deny the Conditional Use Permit for the property located at 1016 44th Avenue NE. based on lack of development plans presented. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. First Reading of Ordinance 1636, an Ordinance Establishing Regulations for the Residence Location of Predatory Offenders within the City. Police Chief Scott Nadeau indicated currently there are seven communities in Anoka County with similar Ordinances. Councilmember Schmitt asked if there are still locations that allow residency. City Attorney Jim Hoeft explained there are certain areas of limitations, noting we cannot completely disallow residency. Councilmember Schmitt requested a map be included with the second reading of the ordinance. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1636, establishing regulations for the residency location of predatory offenders within the city, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to schedule the second reading of Ordinance No.1636, being on ordinance regulating the residency location of predatory offenders within the city for November 28, at approximately 7:00 p.m. in the City Hall Council Chambers. All Ayes, Motion Carried. b. Proposed Ordinance Regarding Proposed Massage Licensing Changes — First Consideration Community Development Director Joe Hogeboom indicated a resident /local business owner requested that the council review the fee schedule for in -home massage therapists. The proposed changes would preclude an in- home therapist from the $500 annual establishment fee. Councilmember Nawrocki asked if the applicant would have to be the home owner. Mr. Hogeboom indicated that would not be necessary, some therapist travel to their clients homes. City Council Minutes November 14, 2016 Page 4 of 10 Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to waive the reading of Ordinance No. 1635, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt., seconded by Councilmember Murzyn, Jr. to schedule the second reading of Ordinance No. 1635, amending Section 5.609 of City Code to provide a distinction between commercial massage business operations and non- commercial massage businesses for November 28, 2016 at approximately 7:00 p.m. in the City Hall Council Chambers. All Ayes, Motion Carried. c. Official City Logos, Style Guide and Brand Amendment Councilmember Schmitt questioned if the City has checked to see if the tagline is trademarked. Director Hogeboom stated there is not a trademark in Minnesota. Councilmember Schmitt indicated it is internationally trademarked and we could be in violation. City Attorney Jim Hoeft indicated we would no longer use the logo if we were asked to stop. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution No. 2016 -107, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve Resolution No. 2016- 107, being a Resolution amending Official Logos, Style Guide and Brand for the City to include the additional tagline of "Columbia Heights: City of Peace ". 4 Ayes -1 Nay, Motion Carried. Ayes: Peterson, Williams, Murzyn, Jr. and Williams. Nay: Schmitt. A. Bid Considerations 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst indicated he would like to get a nice sign recognizing the 2016 All America City designation. City Manager Fehst announced the council will be returning to a recessed Executive Session meeting following this meeting. City Manager Fesht reported the 2017 Budget will be considered at the December 12th City Council meeting, and is available on the City's website and at the library. 11. CITIZENS FORUM Brian Beaufeaux -1016 44th Ave NE indicated he did not hear the Public Hearing for the Conditional Use Permit. Mr. Beaufeaux requested clarification on when he can apply for a CUP in the future. City Attorney Hoeft indicated if plans are presented to staff, council will review the request. Frost Simula -1700 49th Ave NE reported there is an International Cities of Peace organization headquartered in Dayton, Ohio. City Manager Fehst suggested it may be something the City may want to get involved with; similar to our membership with Sister Cities. Nick Novitsky congratulated Councilmember Schmitt and Williams on the Election, and thanked the citizens for voting. 12. ADJOURNMENT Meeting adjourned at 8:24 p.m. f &w Lltl'cel(� Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 2016 -104 City Council Minutes November 14, 2016 Page 5 of 10 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (k), for the property located at 1016 44th Avenue NE. Whereas, a proposal (Case # 2016 -1101) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a minor Subdivision from the City of Columbia Heights at the following site: ADDRESS: 1016 44th Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Section 9.104 (k). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to City Council Minutes November 14, 2016 Page 6 of 10 assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka county Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26th, 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and are responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision. The applicant will pay a park dedication fee in the amount of $4,166.30, due upon final approval by the City Council and prior to any permits issued for the property. 2016 -106 WHEREAS, the City of Columbia Heights did on the 8th day of November 2016, conduct and hold a General Municipal Election for the office of Mayor and two offices of Council Member. WHEREAS, the City Council of the City of Columbia Heights, at a meeting of said Council /Canvass Board, held on the 14th day of November 2016 did canvass the returns and results of said General Municipal Election; and WHEREAS, the following results were determined by said canvass of said General Municipal Election, TOTAL BALLOTS CAST IN ELECTION: Valid Votes Cast for one 2 -Year Mayor Seat Donna Schmitt 4213 Gary L. Peterson 4109 Valid Votes Cast for Two 4 -Year Council Seats Connie Buesgens 3515 Robert "Bobby" Williams 3407 Nick Novitsky 3280 Sean Broom 2966 ORDER OF COUNCIL NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that City Council Minutes November 14, 2016 Page 7 of 10 Donna Schmitt is hereby declared to be the elected candidates for the two year Mayor Seat, and Connie Buesgens and Robert "Bobby" Williams are hereby declared to be the elected Candidates for the two four -year Council Seats. 2016 -107 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the Economic Development Authority (EDA) set a goal at its 2014 retreat to develop a brand for the City that builds upon its positive aspects and unique character, and; Whereas, the City Council officially adopted new Logos, Style Guide and Brand for the City via Resolution 2015 -33 on April 27, 2015, and; Whereas, the current official City taglines are "Rediscover the Heights" and "All- America City ", and; Whereas, the additional official City tagline of "City of Peace" is appropriate for use in certain official City applications. 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 hereby amends the Official Logos, Style Guide and Brand of the City to include the "City of Peace" official tagline. Be it further resolved that the City Council direct the City's internal Communications Committee to produce guidelines to direct use of all official taglines of the City. Ord. 1635 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO MASSAGE THERAPIST AND MASSAGE BUSINESS LICENSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: SECTION 1: § 5.609 (A) (1) LICENSE REQUIRED. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) License required. (1) No massage therapy business within a commercial area shall o erate without a license issued pursuant to the provisions of this section. SECTION 2: § 5.609 (B) Definitions City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. City Council Minutes November 14, 2016 Page 8 of 10 MASSAGE THERAPIST. Any person who, for a fee, rubs, presses, strokes, kneads, taps, rolls, pounds, vibrates or stimulates these superficial parts of the human body with the hands or any instrument. MASSAGE THERAPY BUSINESS. Any person, partnership or corporation, either as principal or agent, who engages in the business of massage therapy or the employment of others performing massage therapy for a fee:for which the business is located within a commercial zoning district. SECTION 3 § 5.609 Location (1) (2) Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: Ord. 1636 ORDINANCE ESTABLISHING REGULATUONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY WHEREAS, predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses. The cost of predatory offender victimization to society at large, while not precisely calculable, is significant; and WHEREAS, the City Council finds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the public to study and consider options for addressing and minimizing the public safety impacts of such placements; and WHEREAS, the City may amend and enact ordinances and regulations under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; and WHEREAS, the Council has previously enacted a temporary ordinance limiting the residency location of predatory offenders in order to study and consider a permanent ordinance limiting the residency location of predatory offenders within the City; and WHEREAS, the City has evaluated the need to limit /prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; and City Council Minutes November 14, 2016 Page 9 of 10 WHEREAS, the City has a compelling interest in promoting, protecting and improving health, safety and general welfare of the City's citizens. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Definitions The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.01 . "Child" means any person under the age of eighteen (18). 1.02 "Designated predatory offender" means any person who has been categorized as a Level 111 predatory offender under Minnesota Statutes, Sec. 244.052, any successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re- offense. 1.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days, 1.04 "Temporary residence" means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. 1.05 "School" means a public or non - public elementary or secondary school. 1.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or the State of Minnesota. 1.07 "Public playground" means a publicly - owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 2. Regulations on Predatory Offenders 2.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child care facility, public playground, or any other place where children are commonly known to regularly congregate. 2.02 For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected property. 2.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Ordinance if any of the following apply: A. The person established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167 or any successor statute, prior to the effective date of this ordinance; City Council Minutes November 14, 2016 Page 10 of 10 B. The school, licensed child care center, or public playground within 2,000 feet of the person's permanent or temporary residence was opened after the person established such residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167, or any successor statute; C. The residence is also, as of the effective date of this ordinance, the primary residence of the person's parents, grandparents, siblings, or spouse; or D. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to the effective date of this ordinance. Section 3. Enforcement 3.01 A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction, or through any administrative penalties program of the City Code. Section 4. Effective Date 4.01 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.