HomeMy WebLinkAbout01-23-2017 CCPMayor
CHCOLUMBIA Donna Schmitt
HEIGHTS Councilmembers
Robert A. Williams
John Murzyn, Jr.
City of Columbia Heights Connie Buesgens
590 40`h Avenue NE, Columbia Heights, MN 55421 -3878 City Manager
g (763) 706 -3600 TDD (763) 706 -3692
Visit our website at: www.columbiaheightsmn.gov Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,
January 23, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or
employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for persons with disabilities
are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to
make arrangements. (TDD /706 -3692 for deaf or hard of hearing only.)
I. CALL TO ORDER
2. ROLL CALL
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
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 Pg 4
MOTION: Move to approve the minutes of the City Council meeting of January 9, 2017
B. Accept Board and Commission Meeting Minutes pg 17
MOTION: Move to accept the Charter Commission minutes from the October 20, 2016
C. Consideration of a Resolution Approving A Collective Bargaining Agreement Between the pg 18
City of Columbia Heights and International Union of Operating Engineers, Local 49
MOTION: To waive the reading of Resolution 2017 -12, there being ample copies available to the
public.
City of Columbia Heights January 23, 2017
City Council Agenda Page 2
MOTION: To adopt Resolution 2017 -12 Regarding the Labor Agreement between the City of Columbia
Heights and International Union of Operating Engineers, Local 49, effective January 1, 2017 to
December 31, 2018
D. Consideration of a Resolution Approving 2017 -2018 Salary and Fringe Benefit Adjustments pg 21
for Non -Union Supervisory and Confidential Employees
MOTION: To waive the reading of Resolution 2017 -13, there being ample copies available to the
public.
MOTION: To adopt Resolution 2017 -13, approving cost of living salary adjustments and changes in
fringe benefits for non -union supervisory and confidential employees.
E. Consideration of Appointments to fill vacancies on Advisory Commissions. pg 24
MOTION: Move to appoint volunteers to serve on various commissions to fill vacancies as
recommended.
F. Approve Business License Applications pg 25
MOTION: Move to approve the items as listed on the business license agenda for January 23, 2017.
G. Payment of Bills
pg 27
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 164363 through 164513 in the amount
of $ 841,237.07.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
A. First Reading of Ordinance No. 1638, Brewery Ordinance pg 35
MOTION: Move to waive the reading of Ordinance No. 1638, there being ample copies available to the
public.
MOTION: Move to set the second reading of Ordinance No. 1638, being an ordinance relating to malt
liquor for February 13, 2017 at approximately 7:00 P.M. in the City Council Chambers.
B. Consideration of declaration of a nuisance and abatement of violations within the City of pg 46
Columbia Heights is requested regarding the properties at 4320 7th Street NE and 4329 Main Street
NE for failure to meet the requirements of the Residential Maintenance Code.
MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2017 -10,
there being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2017 -10, being resolution of the City Council of the City
of Columbia Heights declaring the property listed a nuisance and approving the abatement of
violations from the property pursuant to City Code section 8.206.
MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2017 -11,
there being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2017 -11, being resolution of the City Council of the City
of Columbia Heights declaring the property listed a nuisance and approving the abatement of
violations from the property pursuant to City Code section 8.206.
City of Columbia Heights
City Council Agenda
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report from Mayor and Council
Report of the City Manager
Report of the City Attorney
January 23, 2017
Page 3
11. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his /her name and address for the record.
12. ADJOURNMENT
Kelli Bourgeoi
Human Resource Director /Assistant to the City Manager
3
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JANUARY 9, 2017
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday
January 9, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota
1. CALL TO ORDER
Mayor Schmitt called the meeting to order at 7:03 p.m.
2. ROLL CALL
Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr. and Councilmember
Buesgens
Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Joe Hogeboom; Community
Development Director, Keith Dahl; Economic Development Director, Elizabeth Holmbeck; City Planner,
Kevin Hansen; Public Works Director, Joe Kloiber; Finance Director, and Katie Bruno; City Clerk /Council
Secretary
3. INVOCATION
Invocation provided by Sam Snyder, Bethel Christian Fellowship
4. PLEDGE OF ALLEGIANCE /OATH OF OFFICE
City Clerk, Katie Bruno administered the Oath of Office to Councilmember Buesgens, Councilmember
Williams and Mayor Schmitt.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to take a five minute recess.
A five minute recess was taken, the meeting reconvened at 7:13 PM.
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
A. Update from Tony Rendle regarding 2017 Fire and Ice Plunge.
Tony Rendle thanked the Council for their past and continued support of the Fire and Ice Plunge. This
years event is scheduled for Saturday January 28th from 12:00 -3:00 PM. Funds raised go directly to SACA
to assist families in need.
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 December 12, 2016
City Council Minutes
January 9, 2017
Page 2 of 13
MOTION: Move to approve the minutes of the City Council work session of January 3, 2017
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the EDA minutes from November 7, 2016.
MOTION: Move to accept the Planning & Zoning Commission minutes from December 6, 2016.
MOTION: Move to accept the Draft Planning & Zoning Commission minutes from January 4, 2017
C. Appointments to Columbia Heights Volunteer Firefighters Relief Association Board
of Trustees for 2017.
MOTION: Move to appoint Councilmember John Murzyn, Jr, to the Columbia Heights Volunteer
Firefighters Relief Association Board of Trustees for 2017.
D. Adopt Resolution 2017 -01 Designating Official Depositories for the City of
Columbia Heights
MOTION: Move to waive the reading of Resolution 2016 -01, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2016 -01, being a resolution designating official depositories for
the City of Columbia Heights.
E. Adopt Resolution 2017 -02 to Accept Certain Donations Received by the City of
Columbia Heights
MOTION: Move to waive the reading of Resolution 2017 -02 there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2017 -02 being a resolution to accept certain donations received
by the City of Columbia Heights.
F. Designation of Legal Newspaper for 2017.
MOTION: to designate the Sun Focus as the City of Columbia Heights official legal newspaper for 2017.
G. Appointment to vacant EDA and HRA positions.
MOTION: Move to approve the mayor's appointment of Mayor Schmitt, Bobby Williams and Connie
Buesgens to the vacant EDA positions.
MOTION: Move to approve the mayor's appointment of Mayor Schmitt, Bobby Williams and Connie
Buesgens to the vacant HRA positions.
H. Appointment of Council Liaisons and Staff Assignments to City Boards & Commissions
and External Boards.
MOTION: To approve the recommended listing of Council /Staff Assignments.
I. Appointment of Council President for 2017 *Removed for discussion
J. Approving a Subordination of Mortgage in connection with the City's Single Family
Deferred Loan Program.
MOTION: Move to close the public hearing and wave the reading of Resolution No. 2017 -06, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2017 -06, being a Resolution approving a Subordination of
City Council Minutes
January 9, 2017
Page 3 of 13
Mortgage in connection with the City's Single Family Deferred Loan Program.
K. Public Works Blanket Orders for 2017 Purchases
MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to
exceed the 2017 budget amounts for:
• De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing
Contract.
• Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract
and the Anoka County Cooperative Agreement.
• Bituminous asphalt for patching /paving City streets and alleys from Commercial Asphalt, or City
of St. Paul, or T.A. Schifsky & Son's.
Curb stop and service repairs for delinquent accounts and foreclosed properties.
L. Final Compensating Change Order and Final Payment for 2015 Concrete Alley
Construction, Project No. 1402
MOTION: Move to approve the final compensating change order and accept the work for 2015
Concrete Alley Construction, City Project No. 1402, and authorize final payment of $17,705.55 to New
Look Contracting, Inc. of Rogers, Minnesota.
M. Capital Equipment Replacement of the Elgin Crosswind Street Sweeper
MOTION: Move to purchase off the State of Minnesota purchasing contract one new Tymco 600
regenerative air sweeper from Environmental Equipment and Services Inc. of Elko, Minnesota in the
amount of $237,755 less a trade allowance $50,000 for a total purchase price $187,755 for the capital
equipment replacement of the Elgin Crosswind sweeper, with equal funding provided by the Street
and Storm Sewer Capital Equipment replacement funds.
N. Consideration of Resolution Authorizing the Submittal of the 2017 Community Development
Block Grant Application. *Removed for discussion
O. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for January 9, 2017.
P. 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 163956 through 164362 in the amount of
$2,576,139.13.
Councilmember Buesgens requested Items I and N be removed for discussion.
Motion by Councilmember Williams seconded by Councilmember Murzyn, Jr. to approve the Consent
Agenda, as amended. All Ayes, Motion Carried.
The following items were removed for discussion:
I. Appointment of Council President for 2017
Councilmember Buesgens announced the Council has appointed Council member Murzyn, Jr. to serve as
City Council Minutes
January 9, 2017
Page 4 of 13
Council President for 2017.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to appoint Councilmember John
Murzyn, Jr. as Council President for 2017. All Ayes, Motion Carried
N. Consideration of Resolution Authorizing the Submittal of the 2017 Community Development Block
Grant Application.
Keith Dahl, Economic Development Manager reported that the proposed project consist of three phases
where the City would partner with an environmental consultant. Phase I is intended for the land acquisition
of the Root Property from the State of Minnesota. The County Assessor estimates the Root Property to have
a total land value of $163,200. Phase II would mainly consist of contamination investigation. Staff
anticipates the contamination investigation will cost a total of $50,000, of which 75% or $37,500 would be
requested through an investigation grant program offered through the DEED. Phase III would entail the
contamination cleanup. The total project cost is estimated to be $563,200 and if federal and state funds are
leveraged, the City may pay up to $54,500. Staff would like City Council's consideration to authorize the
submittal of the 2017 CDBG application requesting $163,200 for the funds necessary to purchase the Root
Property. Dahl explained the property is at University Ave and 40th Ave NE.
Motion by Councilmember Williams seconded by Councilmember Buesgens to waive the reading of
Resolution 2017 -07, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr, seconded by Councilmember Williams to adopt Resolution 2017 -07, a
resolution authorizing the submittal of the 2017 Community Development Block Grant Application to Anoka
County. All Ayes, Motion Carried.
8. PUBLIC HEARINGS
A. Approving a Preliminary Plat for Aisling fitness, LLC for the three vacant lots located at 51st Court NE.
City Planner Elizabeth Holmbeck reported that Aisling Fitness LLC, on behalf of Planet Fitness has
requested Preliminary Plat approval. The application went before the Planning and Zoning Commission on
January 4th, 2017. At the meeting, the Preliminary Plat was unanimously recommended for approval. There
were no concerns from members of the public or the Planning and Zoning Commission.
Councilmember Murzyn, Jr. confirmed that the planning commission had no objections to the proposal.
Mayor Schmitt questioned if the lot line is in the city of Fridley. Holmbeck displayed a diagram of the site,
noting the applicant is interested in purchasing the property to the north of the proposed project from the
City of Fridley to use as an access point to the property.
Malcom Watson -1717 49th Ave NE asked if a privacy fence will be installed between the abutting
residential properties. Holmbeck displayed the site plan of the building site, indicating screening along the
east property line.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public hearing and
waive the reading of Resolution No. 2017 -03, there being ample copies available to the public. All Ayes,
Motion Carried.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the Preliminary Plat
for the three vacant properties located on 51st Court NE. (PIN:25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, & 25-
30-24-22- 0066), subject to certain conditions of approval. All Ayes, Motion Carried.
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January 9, 2017
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B. Approving a Zoning Amendment for the property located at 820 40th Avenue NE.
City Planner Elizabeth Holmbeck reported that Mulita Associates, LLC has requested a change the zoning
designation of the property located at 820 40th Ave. NE. from 'Public and Open Space' to 'Central
Business'. The applicant is planning to purchase the City's former Library building to allow for an adult
daycare to operate in the building. In addition to the daycare, the applicant is proposing to use the building
as a community center. There are some conflicts regarding the specific types of uses that are being
proposed for the building and the City's zoning regulations. The proposed uses do not meet the Specific
Development Requirements that are called out in the City's Zoning Code for an Adult Daycare and
Community Center. Holmbeck noted the applicant is aware of the conflicts, and have chosen to proceed
with the application.
Holmbeck reported a resident expressed concerns at the Planning & Zoning commission meeting regarding
parking and accessibility concerns.
Lisa Peterson -3977 Quincy expressed concern with the potential increased traffic and late night activity if a
community center is opened at the site.
Mayor Schmitt noted the item addresses only the zoning classification of the property, not uses at this
time.
Motion by Councilmember Williams seconded by Councilmember Murzyn, Jr. to close the public hearing
and waive the reading of Resolution No. 2017 -04, there being ample copies available to the public. All
Ayes, Motion Carried.
Motion by Councilmember Buesgens seconded by Councilmember Williams to approve Resolution No.
2017 -04, rezoning the property located at 820 40th Avenue NE, from 'Public and Open space' to 'Central
Business'. All Ayes, Motion Carried.
C. Denying the Variance request for the property located at 3801 Hart Blvd. NE.
City Planner Elizabeth Holmbeck reported Scenic Sign Corporation representing New Perspectives Senior
Living is requesting a variance to allow for the installation of a new monument sign that exceeds the
maximum allowed 16 square feet. The proposal calls for the sign face to be 24.20 square feet, with 5.8
square foot concrete pillars on either side of the sign face. The Planning and Zoning Commission
considered the request on January 4th, 2017, and unanimously recommended the City Council deny the
request. After the meeting, the applicant modified the rendering to depict a smaller version of the sign,
and submitted an updated narrative.
Staff recommends that the City Council deny request. Although the applicant has modified the proposed
sign to a smaller size, the applicant has not submitted a request based on the Findings of Fact outlined in
the City's Zoning Ordinance. These findings are required by the City Council in order to approve a variance.
Based on the application and renderings received for review, it is not evident there is a practical difficulty
present in order to grant the variance. While there appears to be no issue with the request to move the
sign closer to the street for visibility, no justification has been provided that demonstrates the application
meets the Findings of Fact.
Councilmember Murzyn, Jr. reported the Planning & Zoning Commission had a lengthy discussion, and did
not see a hardship in the case. It was also noted that the original sign may have been installed without a
sign permit.
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January 9, 2017
Page 6 of 13
Holly Osters, representing New Perspectives Senior Living reported that a new sign is requested in order to
reflect the new name of the business as well as improve visibility.
Community Development Director Joe Hogeboom explained that in order to grant a variance, certain
Findings of Facts need to be met. Hogeboom reported this sign could be moved, replaced or refaced.
Osters stated the sign cannot be moved without causing damage. City Attorney Jim Hoeft explained the
materials of the sign do not constitute a hardship.
Mayor Schmitt suggested the applicant meet with Community Development staff to address any additional
questions.
Motion by Councilmember Murzyn, Jr. seconded by Councilmember Buesgens to close the public hearing
and deny the Variance request for a monument sign for the property located at 3801 Hart Blvd., due to
Findings of Fact not being met. All Ayes, Motion Carried.
D. Adopt Resolution 2017 -08 being a resolution levying and adopting the Assessment for one Alley
Light, Area No. 677 -46.
Director of Public Works, Kevin Hansen reported eight of nine affected property owners signed a request
for an alley light in the area between 42nd and 43rd, and Main St and 2nd Ave. The cost of the light would be
$1 per month to all nine property owners for as long as the light is in operation.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public hearing and
waive the reading of Resolution 2017 -08, there being ample copies available to the public. All Ayes, Motion
Carried.
Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to adopt Resolution 2017 -08,
being a Resolution levying and adopting the assessment for alley light, area no. 677 -46. All Ayes, Motion
Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. Consideration of Resolution 2017 -09 declaring a vacancy on the Council.
City Manager Walt Fehst explained the process, indicating applications are due February 23, 2017. Mayor
Schmitt reported all applicants will be interviewed, tentatively scheduled for March 2nd and 3rd.
Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to waive the reading of
Resolution 2017 -09 there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution 2017 -09
being a resolution declaring a vacancy on the Council. All Ayes, Motion Carried.
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Mayor Schmitt indicated Councilmembers will have an opportunity to report on their respective
commission, and other evens they attend.
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January 9, 2017
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Report of the City Manager
City Manager Walt Fehst announced an HRA meeting will follow the Council meeting.
Report of the City Attorney
11. CITIZENS FORUM
Malcom Watson -1717 49th Ave NE requested the Council be cautious when making decisions, especially in
the case where there is citizen input.
Frost Simula -1700 49th Ave NE congratulated the newly elected officials, noting the many accomplishments
in the City, indicating he hopes the current leadership continues to make progress. Mr. Simula suggested
promotion of an electric vehicle service shop, as well as improving transparency and city wide
communication with the public.
Mayor Schmitt thanked the many attendees at the meeting, and introduced Julienne Wyckoff, the first
woman Mayor of Columbia Heights.
12. ADJOURNMENT
Meeting adjourned at 8:32 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2017 -01
A resolution of the City Council for the City of Columbia Heights, Minnesota, designating official depositories for
the City of Columbia Heights.
Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council
of the City of Columbia Heights makes the following:
ORDER OF COUNCIL
IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby
designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this
corporation on deposit with said banks shall be signed by the following:
Mayor
City Manager
Treasurer - Finance Director
and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks,
drafts, or other withdrawal orders.
BE IT FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby
in
City Council Minutes
January 9, 2017
Page 8 of 13
requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this
corporation's name, including those drawn to the individual order of any person or persons whose name or names
appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the
following:
Mayor
City Manager
Treasurer - Finance Director
and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to
charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the
facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures
resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his
corporation.
BE IT FURTHER RESOLVED, with respect to limited - purpose imprest bank accounts at Northeast Bank, the
applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any
two of the three persons listed above.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation
and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in
full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re- discounts and
borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the
same hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank designated above as a depository, may be used as a depository for
investment purposes, so long as the investments comply with authorized investments as set forth in Minnesota
Statutes.
BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota may be used as a
depository for investment purposes so long as the investments comply with the authorized investments as set
forth in Minnesota Statutes.
RESOLUTION NO. 2017 -02
A resolution of the City Council for the City of Columbia Heights, Minnesota, to accept certain donations received
by the City of Columbia Heights.
Whereas, the City Of Columbia Heights has received the following donations:
Date
Donor
8/2/2016
Columbia Heights Activity Fund
10/25/2016
Columbia Heights Activity Fund
4/29/2016
Danny Hedermann
7/25/2016
Danny Hedermann
10/25/2016
First Lutheran Church
Fund
Amount
Purpose
883
$ 17,373.31
All American City
883
358.68
All American City
883
50.00
Fire
883
100.00
Fire
883
130.00
Fire
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January 9, 2017
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6/8/2016
Financial One
881
250.00
Heights Idol
6/8/2016
Northeast Bank
881
150.00
Heights Idol
6/8/2016
Columbia Heights Sister City
881
200.00
Heights Idol
6/8/2016
Columbia Heights Post No 23
881
100.00
Heights Idol
6/8/2016
Columbia Heights Athletic Boosters
881
125.00
Jamboree
6/8/2016
Columbia Heights Lions Club
881
125.00
Jamboree
7/18/2016
Columbia Heights Public Library Foundation
450
384.00
Library
11/16/2016
Columbia Heights Public Library Foundation
450
65,269.00
Library
1/12/2016
Columbia Heights Activity Fund
883
2,000.00
Branded Supplies
12/13/2016
Columbia Heights Activity Fund
883
1,040.00
Branded Supplies
5/23/2016
The Lift Man
883
50.00
Police
3/1/2016
Columbia Heights Athletic Boosters
881
5,150.00
Recreation
4/4/2016
Columbia Heights Athletic Boosters
881
5,000.00
Recreation
4/19/2016
Columbia Heights Lions Club
881
1,300.00
Recreation
11/4/2016
Columbia Heights Athletic Boosters
881
5,000.00
Recreation
7/12/2016
Friends of Fridley Seniors
881
350.00
Senior Program
$ 104,504.99
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:
ORDER OF COUNCIL
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the City of Columbia Heights
accepts these donations, subject to the donor - prescribed terms listed.
RESOLUTION NO. 2017 -03
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Aisling
Fitness, LLC for the Three (3) vacant lots located at 51St Court NE.
Whereas, a proposal (Case # 2017 -0102) has been submitted by Aisling Fitness, LLC to the City Council requesting
Preliminary Plat Approval from the City of Columbia Heights at the following site:
ADDRESS: Three (3) vacant lots located at 51St Court NE (Property Identification Numbers (PIN): 25- 30 -24 -23 -0018,
25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066).
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L).
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on
January 4, 2017;
Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning
Commission regarding the effect of the proposed Preliminary Plat upon the health, safety, and welfare of the
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community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property
values, light, air, danger of fire, and risk to public safety in the surrounding areas;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
Section 9.104 (L) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a
Preliminary Plat. They are as follows:
(a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115.
(b) The proposed Subdivision is consistent with the Comprehensive Plan.
(c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning
and site engineering design principles.
Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary
Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat
is not submitted to the City Council within one (1) calendar year after the approval date, subject to petition for
renewal.
CONDITIONS
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka
County Recorder's Office.
3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council
approval. In the event that a Final Plat is not submitted to the City Council within this time period, the
Preliminary Plat will become void.
RESOLUTION NO. 2017 -04
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Zoning Amendment for
the property located at 820 40th Avenue NE.
Whereas, a proposal (Case # 2017 -0103) has been submitted by Mulata Associates, LLC to the City Council
requesting a Zoning Amendment from the City of Columbia Heights at the following site:
ADDRESS: 820 40th Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
REQUEST: Zoning Amendment (Rezoning).
Whereas, the Planning and Zoning Commission held a public hearing as required by the City's Zoning Code on
January 4, 2017;
Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning
Commission regarding the effect of the proposed Rezoning upon the health, safety, and welfare of the community
13
City Council Minutes
January 9, 2017
Page 11 of 13
and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light,
air, danger of fire, and risk to public safety in the surrounding areas;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
(a) The amendment is consistent with the Comprehensive Plan
(b) The amendment is in the public interest and is not solely for the benefit of a single property owner.
(c) Where the amendment is to change the zoning classification of a particular property, the existing use of the
property and the zoning classification of property within the general area of the property in question are
compatible with the proposed zoning classification.
(d) Where the amendment is to change the zoning classification of a particular property, there has been a
change in the character or trend of development in the general area of the property in question, which has
taken place since such property was placed in its current zoning classification.
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 rezones the property at 820 40th Avenue NE to
"Central Business ".
RESOLUTION NO. 2017 -06
Resolution Approving a Subordination of Mortgage In Connection with the City's Single Family Deferred Loan
Program
BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights ( "City ") as follows:
Section 1. Recitals.
1.01. The City has heretofore established a deferred loan program for the rehabilitation of single - family
homes (the "Program "), administered by the Economic Development Authority of the City (the "Authority "), and
has approved certain deferred loans to individual applicants in connection with the Program.
1.02. Each loan under the Program is secured by a mortgage (the "City Mortgage "), which is subordinated
to the mortgage of the applicant's primary lender (the "Primary Mortgage ") pursuant to the Authority's
Subordination Policy (the "Policy ").
1.03. Jerome A. McAllister and Pauline A. McAllister, husband and wife (together, the "Applicants "), who
received a loan secured by a City Mortgage under the Program, now wish to refinance their Primary Mortgage, and
have requested that the City subordinate its City Mortgage to the new Primary Mortgage.
1.04. City staff and legal counsel have reviewed Applicant's request and documentation, have
determined that subordination of the City Mortgage to the new Primary Mortgage complies with the Policy in all
respects, and have prepared a Subordination of Mortgage (the "Subordination "), attached as Exhibit A, for review
and approval by the Council.
14
City Council Minutes
January 9, 2017
Page 12 of 13
1.05. The Council has reviewed the Subordination and finds that the approval and execution of the
Subordination are in the best interest of the City and its residents.
Section 2. City Approval; Other Proceedings.
2.01. The Subordination as presented to the Council is hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the Mayor and City
Manager, provided that execution of the Subordination by such officials shall be conclusive evidence of approval.
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the
Subordination.
2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this
resolution.
RESOLUTION NO. 2017 -07
RESOLUTION OF THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE SUBMITTAL OF THE
2017 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO ANOKA COUNTY.
BE IT RESOLVED BY the City Council (Council) of the City of Columbia Heights (City), Minnesota that the City has
approved the 2017 Community Development Block Grant (CDBG) funding application on January 9, 2017.
BE IT FURTHER RESOLVED that the City act as the legal sponsor for the project contained in the 2017 CDBG funding
application to be submitted to Anoka County (County) on or before January 13, 2017 and that the City Manager, or
his designee is hereby authorized to apply to the County for funding of this project on behalf of the City.
BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and the
institutional, managerial and financial capability to ensure adequate project administration.
BE IT FURTHER RESOLVED that the City has not violated any Federal, State or local laws pertaining to fraud,
bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practices.
BE IT FURTHER RESOLVED that upon approval of its application by the County, the City may enter into an
agreement with the County for the above - referenced project, and that the City certifies that it will comply with all
applicable laws and regulations as stated in all contract agreements.
NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the City Manager are hereby authorized to
execute such agreements as are necessary to implement the project on behalf of the City.
RESOLUTION NO. 2017 -08
A resolution of the City Council for the City of Columbia Heights, Minnesota, adopting assessment roll
according to the City Charter for the following local improvement and determining that said improvement will
be made, and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley
light area numbered 677 -46.
Whereas, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 9th day of
January, 2017, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the
15
City Council Minutes
January 9, 2017
Page 13 of 13
time and place set when and where all persons interested could appear and be heard by the Council with
respect to benefits, and to the proportion of the cost of making the local improvement above described, a
notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each
property owner of record, stating the proposed amount of the assessment; and,
Whereas, this Council has heretofore estimated the cost of such local improvement and has prepared an
assessment roll therefore,
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:
Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment
Roll for Local Improvements" numbered 677 -46 for alley lighting, a copy of which is attached hereto and made a
part hereof.
Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in
said assessment roll was and is especially benefited by such improvements. This Council further finds and
determines that the proper proportion of the cost of such improvement to be especially assessed against each
lot or parcel of land is the amount as billed annually by Xcel Energy Company.
Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights
to property owners or occupants on record with the Finance Department.
Section 4. This resolution shall take effect immediately upon its passage.
RESOLUTION NO. 2017 -09
A RESOLUTION DECLARING A VACANCY ON THE COUNCIL.
WHEREAS: Donna Schmitt assumed the duties of Mayor of City of Columbia Heights, and
WHEREAS: Donna Schmitt will be unable to complete her term as a City Council member;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, that a vacancy on the
City Council is hereby deemed to exist.
16
MINUTES OF THE CITY OF COLUMBIA HEIGHTS
CHARTER COMMISSION
October 20, 2016
7:00 P.M.
CITY HALL - CONFERENCE ROOM 1
Call to Order
President Steve Smith called the meeting to order at 7:00 p.m.
Roll Call /Status of Membership
Members present: Roger Johnson, Steve Smith, Tim Utz, Matt Abel, Lee Bak, Mike Patiuk, Frost Simula, Carolyn Laine
and Susan Wiseman
Members absent (excused): Jeffrey Diehm, Eric Penniston, Gregory Sloat
Members absent (unexcused): Ramona Anderson, Rob Fiorendino, James Guy
Also in attendance: Council Liaison Bruce Nawrocki, City Clerk /Recording Secretary Katie Bruno
Approval of Agenda
Motion by Commissioner Abel, seconded by Commissioner Bak to approve the agenda.
Motion passed unanimously.
Approval of Minutes
Motion by Commissioner Bak, seconded by Commissioner Abel to approve the minutes from the July 21, 2016 meeting.
Motion passed unanimously.
Correspondence
Recording Secretary Bruno indicated she received an email message from Commissioner Simula regarding eligibility
requirements for candidates running for the office of City Council or Mayor.
President Smith indicated he spoke with City Attorney Hoeft, and being that the Charter is silent regarding candidate
eligibility requirements, we would refer to State Statutes. A copy of statute 2046.06 was distributed. Smith indicated
that the charter does address the process for filling a vacancy on the council.
President Smith stated the charter could be amended to include language that would reference State Statute 2046.06,
although it would not be necessary. The commission discussed residency requirements. Commissioner Laine explained
some of the state's guidelines for determining residency. President Smith suggested for the City's purposes; no changes
are recommended.
6. Old Business
A. Update regarding clarification of language Chapter 3, sections 19 -20; Procedure on Ordinances.
President Smith reported that The City Council adopted Ordinance No. 1633 on September 12, 2016, and the
appropriate changes have been made to the Charter.
7. New Business
Commissioner Simula reported the Charter Commission page on the city's website needs updating.
Next Meeting Date: January 19, 2017 at 7:00 P.M., City Hall Conference Room 1
President Smith thanked Councilmember Nawrocki for his many years of service to the City.
8. Adjournment
Motion by Abel, seconded by Simula to adjourn. All Ayes, Motion carried. Meeting adjourned at 7:17 pm.
Respectively Submitted,
Katie Bruno, City Clerk /Recording Secretary
17
CH COLUMBIA
HEIGHTS
AGENDA SECTION
Consent
ITEM NO.
7C
MEETING DATE
January 23, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
1 1 2018
DEPARTMENT: Administration
.25 /hour
BY /DATE: Kelli Bourgeois; 1/19/17
BY /DATE: bz
The labor agreement between the City and International Union of Operating Engineers, Local 49 (IUOE)
representing the Public Works Maintenance Workers, terminates on December 31, 2016. Negotiations
between the City and IUOE have resulted in a mutually acceptable labor agreement for calendar years 2017
and 2018. The proposed changes are as follows:
Wages:
2017: 2.25% cost of living adjustment over 2016 wages, effective January 1, 2017
2018: 2.5% cost of living adjustment over 2017 wages, effective January 1, 2018
Market Adjustment to all Steps as follows:
Maintenance Worker
Mechanic*
Foreman
1/1/2017
1 1 2018
.25 /hour
.25 /hour
.50 /hour
.50 /hour
1.00 /hour
1.00 /hour
*Change the Maintenance III classification title to Mechanic
Eliminate Laborer & Part Time from Wage Scale
Insurance:
19.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per
month per (permanent and probationary full -time) employee for group health and group dental,
including dependent coverage, life and long term disability insurance for calendar years 2017 and
2018. For calendar year 2017, for employees taking family health insurance through the
EMPLOYER, the EMPLOYER will contribute an additional $100 per month towards health insurance
premiums, for a total EMPLOYER contribution of $965 for employees taking family health
insurance. For calendar year 2018, For employees taking family health insurance through the
EMPLOYER, the EMPLOYER will contribute an additional $200 per month towards health insurance
premiums, for a total EMPLOYER contribution of $1065 for employees taking family health
insurance.
19.2 For 2017 and 2018 the EMPLOYER will contribute EITHER:
19.2.1 An additional thirty dollars ($30) per month per (permanent and probationary full time)
employee towards group health insurance premiums for employees on the High Option
plan;
OR
19.2.2 An additional sixty dollars ($60) per month into a city designated health savings account
18
WE Council Letter
City of Columbia Heights - Council Letter
Page 2
for all (permanent and probationary full -time) employees enrolled in an IRS qualified
high deductible health plan.
19.3 For 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are
covered by a group plan elsewhere to waive City health insurance coverage and receive $200 per
month to be paid into a deferred compensation plan.
19.4No retroactive insurance benefits payments will be made to any employee terminating
employment during calendar year 2017 prior to Council ratification of a 2017 employer
contribution rate for insurance.
19.5 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any
additional insurance than the individual group health, group life, and group dental insurance.
Additional life insurance can be purchased by employees at the employee's expense to the extent
allowed under the EMPLOYER'S group policy.
Non - Contract Item
Increase current boot reimbursement to $200.00 each year. No contract language.
Attached please find Resolution 2017 -12 which would adopt and establish the changes as negotiated for
calendar years 2017 and 2018.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available
to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2017 -12, regarding the Labor Agreement between the
City of Columbia Heights and International Union of Operating Engineers, Local 49 effective January 1, 2017 -
December 31, 2018.
19
RESOLUTION NO. 2017 -12
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a collective
bargaining agreement between the City of Columbia Heights and International Union of Operating
Engineers, Local 49
Whereas, negotiations have proceeded between International Union of Operating Engineers, Local 49,
representing Public Works Maintenance Workers of the City, and members of the City's negotiation team; and
Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for
calendar years 2017 and 2018; and
Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective
bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by
reference.
Now Therefore, Be It Resolved that the collective bargaining agreement as negotiated, be and is hereby
established as the salary and fringe benefit program for calendar years 2017 and 2018 for International Union
of Operating Engineers, Local 49 bargaining unit employees of the City; and
Be It Further Resolved that the Mayor and City Manager are hereby authorized to execute this collective
bargaining agreement.
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
Resolution 2017 -12 20
CH COLUMBIA
HEIGHTS
AGENDA SECTION
Consent
ITEM NO.
7D
MEETING DATE
January 23, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM: Adopting 2017 -2018 Cost of Living and Fringe Benefit Adjustment for Non -Union Supervisory and
Confidential /Essential Employees
DEPARTMENT: Administration CITY MANAGER'S APPROVAL:
BY /DATE: Kelli Bourgeois; 1/19/17 BY /DATE:
With the settlement of two of the City's collective bargaining agreements and based on the approved 2017
budget staff feels it is appropriate to bring the cost of living and fringe benefit adjustments for the non -union
supervisory and confidential /essential staff to the City Council for action at this time. The following are the
proposed adjustments recommended based on the 2017 budget and the collective bargaining agreements
that have been settled to date.
Wages:
2017: 2.25% cost of living adjustment over 2016 wages, effective January 1, 2017
2018: 2.5% cost of living adjustment over 2017 wages, effective January 1, 2018
Insurance:
The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per
(permanent and probationary full -time) employee for group health and group dental, including dependent
coverage, life and long term disability insurance for calendar years 2017 and 2018. For calendar year 2017, for
employees taking family health insurance through the EMPLOYER, the EMPLOYER will contribute an additional
$100 per month towards health insurance premiums, for a total EMPLOYER contribution of $965 for
employees taking family health insurance. For calendar year 2018, For employees taking family health
insurance through the EMPLOYER, the EMPLOYER will contribute an additional $200 per month towards
health insurance premiums, for a total EMPLOYER contribution of $1065 for employees taking family health
insurance.
Thirty dollars ($30) per month City contribution into a city designated health savings account for all employees
enrolled in an IRS qualified high deductible health plan.
For 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a
group plan elsewhere to waive City health insurance coverage and receive $200 per month to be paid into a
deferred compensation plan.
Attached please find Resolution 2017 -13 which would adopt and establish the changes as outlined.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available
to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2017 -13, adopting cost of living adjustments and fringe
benefit adjustments for non -union supervisory and confidential /essential employees.
21
Non -Union Council Letter
RESOLUTION NO. 2017 -13
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving 2017 and 2018 cost
of living and fringe benefit adjustments for non -union supervisory and confidential /essential employees
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 and confidential /essential employees to compare what is
provided to other employee groups in the City.
Now Therefore Be It Resolved, that the City of Columbia Heights hereby establishes cost of living adjustments
and fringe benefits adjustments to all non -union supervisory and confidential /essential salary ranges for
calendar years 2017 and 2018 as shown in attached Exhibit A.
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
Resolution 2017 -13 22
RESOLUTION 2017 -13
NON -UNION SUPERVISORY AND CONFIDENTIAL /ESSENTIAL EMPLOYEES
EXHIBIT A
Wages:
2017: 2.25% cost of living adjustment over 2016 wages, effective January 1, 2017
2018: 2.5% cost of living adjustment over 2017 wages, effective January 1, 2018
Insurance:
The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per
month per (permanent and probationary full -time) employee for group health and group
dental, including dependent coverage, life and long term disability insurance for calendar years
2017 and 2018. For calendar year 2017, for employees taking family health insurance through
the EMPLOYER, the EMPLOYER will contribute an additional $100 per month towards health
insurance premiums, for a total EMPLOYER contribution of $965 for employees taking family
health insurance. For calendar year 2018, For employees taking family health insurance
through the EMPLOYER, the EMPLOYER will contribute an additional $200 per month towards
health insurance premiums, for a total EMPLOYER contribution of $1065 for employees taking
family health insurance.
Thirty dollars ($30) per month City contribution into a city designated health savings account
for all employees enrolled in an IRS qualified high deductible health plan.
For 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are
covered by a group plan elsewhere to waive City health insurance coverage and receive $200
per month to be paid into a deferred compensation plan.
23
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7E
MEETING DATE
JANUARY 23, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Consideration of Appointments to Advisory Commissions
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Katie Bruno
BY /DATE: ��lq�►�
BACKGROUND:
There are currently vacancies on the Planning & Zoning Commission, and the Library Board.
Commissioner Connie Buesgens resigned from the Planning & Zoning Commission as a result of her election to
the City Council. Commissioner Barbara Tantanella resigned from the Library Board in October, 2016.
The City advertised for the openings, and received applications from the following five residents; Michael
Novitsky, Eric Penniston, Tom Kaiser, Scott Norcross and Tricia Conway. Interviews with each of the applicants
are scheduled for January 23, 2017, just prior to the council meeting.
Recommendation:
It is recommended that the council make the following appointments:
Planning & Zoning, term ending 4 -1 -2020
Library Board, term ending 4 -1 -2018
RECOMMENDED MOTION:
MOTION: Move to appoint volunteers to serve on various commissions to fill vacancies as recommended.
24
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT AGENDA
ITEM NO.
7F
MEETING DATE
JANUARY 23, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
LICENSE AGENDA
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /Date: January 18, 2017
13Y/Date:,, L)S 11 II-1
BACKGROUND /ANALYSIS
Attached is the business license agenda for the January 23, 2017 Council meeting. This agenda
consists of applications for 2017 Contractor Licenses.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form
Accompanied Application. This means that the data privacy form has been submitted as
required. If not submitted, certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for January 23, 2017 as
presented.
25
Document2
City of Columbia Heights - Council Letter
TO CITY COUNCIL January 23, 2017
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2017
BLDG *Metro Heating & Cool
*Soderlin Plumb, Htg
Northern Mech Cont
*River City Sheet Metal
*Hoffinan Refrig
Tim's Quality Plumb
*Jomac Mechanical
*Century Plumbing
*Northern One Hour
*B & B Plumbing
*Master Mechanical
*Centerpoint Energy
*Superior Mechanical
*Palma Plumb, Htg
*Gene's Water & Sewer
Steiner Construction Sery
*Eagle Plumb & Services
*MN Tree Experts LLC
*YTS Co LLC
*MN Tree Surgeons
255 Roselawn Ave E, Maplewood
$60
3612 Cedar Ave S, Mpls
$60
1975 Seneca Rd, Eagan
$60
8290 Main St NE, Fridley
$60
5660 Memorial Ave N, Stillwater
$60
225 County Rd 81, Osseo
$60
9318 Spring Lk Rd, No Branch
$60
590 Hayward Ave N, Oakdale
$60
9431 Alpine Dr, Ramsey
$60
25593 109"' St NW, Zimmerman
$60
1027 Gemini Rd, Eagan
$60
6161 Golden Valley Rd, Golden Valley
$60
1244 60d' Ave NW, Rochester
$60
373 Colleen Dr, Vadnais Hts
$60
3134 California St, Mpls
$60
3614 Co Rd 101, Wayzata
$60
4880 334t" Ln NE, Cambridge
$60
7527 Oliver Ave N, Brk Pk
$60
14310 Northdale Blvd, Rogers
$60
2195 Cameron Ave SE, Buffalo
$60
26
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CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARING
ITEM NO.
8A
MEETING DATE
JANUARY 23, 2017
CITY OF COLUMBIA HEIGHTS - CITY COUNCIL
ITEM:
First Reading of Ordinance No. 1638, Brewery Ordinance
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /DATE: Keith M Dahl, January 10, 2017
BY /DATE:4:� ')min
BACKGROUND:
On March 23, 2015, the City Council passed Ordinance No. 1620, relating to on -sale and off -sale brewer
taprooms; however, staff has determined that Ordinance No. 1620 does not adequately address licensure,
land use regulations, development design standards, and specific requirements pertaining to the operation of
breweries within the City. If the City desires to provide adequate licensure and land use regulations to
effectively address breweries within the City, a new ordinance needs to be approved.
Attached is Ordinance No. 1638 for Council's consideration. The proposed ordinance would repeal Ordinance
No. 1620 in its entirety and amend City Code to adequately address the operations of breweries within the
City. The parts of the City Code that will be amended are as follows: Article 5, Section 9.103, 9.107, 9.110, and
9.111. All proposed language in the ordinance is marked with an underline for an addition or a s4ikeebit to
indicate a deletion.
STAFF RECOMMENDATION:
Staff recommends approving the first reading of Ordinance No. 1638 to effectively address breweries within
the City and to setup the second reading of Ordinance No. 1638 for adoption on February 13, 2017.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Ordinance No. 1638, there being ample copies available to the public.
Motion: Move to set the second reading of Ordinance No. 1638, being an ordinance relating to malt liquor for
February 13, 2017 at approximately 7:00 P.M. in the City Council Chambers.
ATTACHMENTS:
1. Ordinance 1638 (10 Pages)
City of Columbia Heights - CC Letter 35
ORDINANCE NO. 1638
BEING AN ORDINANCE REPEALING ORDINANCE NO. 1620 IN ITS ENTIRETY, BEING AN ORDINANCE THAT
AMENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER
TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23,
2015; AND,
AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER
LICENSING; AND
AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE
REGULATIONS.
WHEREAS, On March 23, 2015, the City Council passed Ordinance No. 1620, relating to on -sale and off -sale
brewer taprooms; and,
WHEREAS, Community Development Staff have determined that Ordinance No. 1620 does not adequately
address licensure, land use regulations, and specific requirements pertaining to operation of a brewery within
the City of Columbia Heights; and,
WHEREAS, the City of Columbia Heights desires to provide adequate licensure and land use regulations to
effectively address breweries within the City of Columbia Heights;
NOW, THEREFORE, BE IT RESOLVED the City Council (Council) of the City of Columbia Heights, Minnesota
(City) does ordain:
SECTION I: City Ordinance No. 1620, enacted March 23, 2015 upon 30 days after its passage is hereby
repealed in its entirety.
SECTION II: That Chapter 5, Article 5 of the City Code be amended to read as follows, to wit:
§ 5.501 DEFINITIONS.
§ 5.502 3.2% MALT LIQUORS (BEER).
§ 5.503 MALT LIQUORS.
§ 5.599 5.504 ON -SALE CLUB LIQUOR.
§ 5.504 5.505 INTOXICATING LIQUOR.
§ 3.505 5.506 ON -SALE WINE LICENSES.
§ 3.596- 5.507 LIMITED INTOXICATING LIQUOR LICENSES.
§ 5 507 5.508 SUNDAY ON -SALE LIQUOR LICENSES.
§ 5,598 5.509 SUNDAY CLUB LICENSES.
§ 3,599 5.510 ON -SALE TEMPORARY LIQUOR LICENSES.
§ 5,530 5.511 POLICY FOR ALCOHOL LICENSE VIOLATIONS.
§ 5 G31 5.512 PENALTY.
§ 5.501 DEFINITIONS.
Brewer Taproom. A facility on the premises of or adjacent to a malt liquor manufacturer intended for
on -sale and consumption of malt liquor produced by the brewer.
Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the
premise and who manufactures less than 3,500 barrels of malt liquor a year.
Ordinance No. 1638 36
City of Columbia Heights — Ordinance 1638
§ 5.503 MALT LIQUORS.
Page 2
(A) No person, except the holder of intoxicating liquor licenses wholesalers and manufacturers to the
extent authorized by law, shall deal in or dispose of by gift sale or otherwise or keep or offer for sale any
malt liquor within the city without first having received a license as hereinafter provided Licenses shall be
of three kinds: (1) On -Sale Brewer Taproom; (2) On -Sale Brew Pub; and (3) Off -Sale Malt Liquor.
(B) On -Sale Brewer Taproom licenses may be granted to a brewer licensed under Minn Stat
§340A.301, Subd. 6(c), (i) or (j) subject to the provisions of Minn Statues 340A.26, as it may be
amended from time to time and as followed:
(1) The on -sale of malt liquor shall only be permitted during the same days and hours of Municipal
Liquor Stores; and
(2) A brewer may only hold one (1) On -Sale Brewer Taproom license; and
(3) The license permits the sale of malt liquor produced by the brewer for consumption of the
malt liquor on the premises of or adjacent to a brewer taproom owned by the brewer.
(C) On -Sale Brew Pub licenses may be granted to Hotels Clubs Municipal Liquor Stores Restaurants
and Non - Profit Organizations for sale and consumption of malt liquor produced on the licensed
premise.
(D) Off -Sale Malt Liquor licenses may be granted to a licensee with either an On -Sale Brewer Taproom
license or On -Sale Brew Pub licenses which shall permit the off -sale of malt liquor on the licensee's
premise, subject to the provisions of Minn Stat 340A.24 or 340A.28, as it may be amended from time
to time and as followed:
(1) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal
Liquor Stores; and
(2) A brewer may only hold one (1) Off -Malt Liquor license; and
(3) The only off -sale of malt liquor shall be the malt liquor produced by the licensee at the
licensee's premise; and
(4) The packaging of the off -sale malt liquor containers and bottles are subject to Minn Stat
340A.285, as it may be amended from time to time
(E) Evert/ application for a license to sell malt liquor shall be made on a form supplied by the City.
Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an
application. By submitting an application the applicant consents to any and all investigations the Citv
deems appropriate and waives any claims the applicant may have Copies of the application shall be
submitted to such other City Departments as the Council shall deem necessary for verification and
investigation of the facts set forth in the application
37
City of Columbia Heights —Ordinance 1638 Page 3
(F) Applications for malt liquor licenses shall state the following:
(1) Whether the applicant is a natural person partnership corporation or other form of
organization;
(2) Full legal name of applicant and applicant's spouse place and date of birth street residence
address and length of time at that address of the applicant and applicant's spouse; and any other
information deemed necessary by the Council or issuing authority.
(3) Three character references.
(4) The nature of any other business to be operated in conjunction with the sale of malt liquor and
whether the applicant is the owner or operator of such other business and if so the length of time
in such business.
(5) In the case of corporations partnerships and other organizations such information relating to
the identity of each officer, director and partner as required in division (F)(2)
(G) All applications shall be referred to the Chief of Police The Chief of Police or designee is
empowered to conduct any and all investigations to verify the information on the application including
ordering a computerized criminal history inquiry obtained through the Criminal Justice System and /or a
driver's license history inquiry as recorded by the State Department of Public Safety on the applicant
An investigation fee as set by Council resolution shall accompany each application The application
shall also be referred to the Chief of the Fire Department the Building Official and the City Planning
and Zoning Department for a report indicating whether said premises are in compliance with
applicable ordinances and regulations. A public hearing shall then be held before the Council at which
time the application for a license shall be considered Opportunity shall be given to any person to be
heard for or against the granting of the license at a public hearing The Council may accept or reject
the license application in its discretion upon completion of the public hearing
(H) Each license shall be issued to the applicant only and shall not be transferable to another holder.
Each license shall be issued only for the premises described in the application
(1) No license shall be granted to any person:
(1) Who is under 21 years of age.
(2) Who has been convicted of a felony, or any law of this state or local ordinance relating to the
manufacture, transportation or sale of 3.2% malt malt liquor or of intoxicating liquors
(3) For the sale of malt liquor on any premises also occupied by a previous licensee who was
convicted of a violation of this section.
(4) Who is not a citizen of the United States or a resident alien or upon whom it is impractical to
conduct a background and financial investigation due to the unavailability of information
38
City of Columbia Heights — Ordinance 1638
(5) Who is not of good moral character and repute
(6) Who is or, during the period of this license becomes the holder of a federal retail liquor
dealer's special tax stamp for the sale of intoxicating liquor at such place
(7) Who is not the proprietor of the establishment for which the license is issued
(8) No license shall be issued to any applicant for a location within 300 feet of any school or
church, unless such license has been previously approved when no school or church was so
situated.
(J) Licenses granted pursuant to the provisions of this chapter shall be subject to the following
conditions:
(1) No gambling, nor any gambling device allowed that is prohibited bylaw.
Page 4
(2) All licensees under this section shall allow the business premises to be inspected by police or
health officials at any time.
(3) No sale of malt liquor maybe made between 1.00 a.m. and 8.00 a.m. on the days of Mondav
through Saturday, nor between 1:00 a.m. and 12.00 noon on Sunday.
(4) No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the
consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the
purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of
such a_ licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of
sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima
facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to
this section.
(5) No person under 18 years of age shall be employed on the premises except that persons under
18 years of age may be employed as musicians bus boys and kitchen help
(6) No person or customer, other than the licensee and his employees may remain on anv
licensed premises after 1:30 a.m.
(7) No licensee or his agent shall serve malt liquor or permit the sale of malt liquor to any person
under 21 years of age.
(8) Every licensee shall be responsible for the conduct of his place of business and shall maintain
conditions of sobriety and order. The act of any emplovee on the licensed premises authorized to
sell malt liquor there is deemed the act of the licensee as well and the licensee shall be liable to all
penalties provided by ordinance statute or regulation equally with the employee
39
City of Columbia Heights — Ordinance 1638
Page 5
(9) No licensee shall permit 18, 19 and 20 year olds to remain on the premises unless to perform
work for the establishment including the sale or serving of alcoholic beverages consume meals
and attend social functions that are held in a portion of the establishment where liquor is not sold
(10) No licensee shall permit in any licensed establishment or any adjoining property owned or
leased by the licensee, any boxing wrestling or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands head feet or body.
Team sports, in which physical contact is incidental to the primary purpose of the game such as
basketball, volleyball, soccer, football baseball hockey and softball are not included among
activities prohibited by this section.
(K) No license shall be granted for sale on any premises where a licensee has been convicted of any
violation of this section, or of the state beer or liquor law, or where anv license hereunder has been
revoked for cause until one year has elapsed after such conviction or revocation
(L) No "on- sale" license shall be granted for a bona fide club which has not been in operation and
eligible to receive a license for at least one year immediately preceding the application for a license
(M) Each application for a license must be accompanied by the applicable license and investigation
fees payment in full. As stated in § 5.103(E)(1): "Fees shall not be prorated unless specificallv
authorized herein, or by Council resolution and are not refundable for any reason including license
revocation, suspension, denial or termination of the licensed activity." The annual fee for an "on- sale"
and "off- sale" license shall be as set by Council resolution
(N) "On- sale" and "Off- sale" licenses shall expire on the last day of December in each year. Each such
license shall be issued for a period of one year, except that if a portion of the license year has elapsed
when the application is made, a license may be issued for the remainder of the year.
(0) (1) At the time of filing an application for any on -sale or off -sale malt liquor license the applicant
shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability
insurance policy or bond shall be duly licensed to do business in the State of Minnesota and all
documents shall be approved as to content form and execution The licensee and the City shall be
named as joint insured on the liability insurance policy. The policy shall be effective for the entire
license year.
(2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following
items:
(a) A certificate that there is in effect for the license period an insurance policy providing at
least $50,000 of coverage because of bodily injury to any one person in any one occurrence
$100,000 because of bodily iniury to two or more persons in any one occurrence $10,000
because of iniury to or destruction of property of others in any one occurrence $50,000 for loss
40
City of Columbia Heights — Ordinance 1638
Page 6
of means of support of any one person in anv one occurrence and $100,000 for loss of means
of support of two or more persons in any one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in subdivision (a)• or
(c) A certificate of the State Treasurer that the licensee has deposited with that office
$100,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $100,000.
(P) Any liability insurance required by this section must provide that it may not be canceled for:
(1) Any cause, except for nonpayment of premium by either the insured or the insurer unless the
canceling party has first given 30 days' notice in writing to the issuing authority of intent to cancel
the policy; and
(2) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to
the issuing authoritv of intent to cancel the policy.
(Q) The operation of an on -sale, off -sale malt liquor license without having on file at all times with the
City the liability insurance policy or other evidence of financial responsibility required herein shall be
grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability
policy serves as notice to the licensee of the impending revocation and unless evidence of compliance
with the financial responsibility requirements of this section are presented to the Clerk before the
termination is effective, the license will be revoked instantly upon the lapse in coverage
(R) Every license shall be granted subject to the conditions and provisions of this section and of other
applicable ordinances of the City or State law.
(S) All licensed premises shall have the license posted in a conspicuous place at all times
(T) No manufacturer or wholesaler of malt liquor shall have any ownership of or interest in an
establishment licensed to sell at retail contrary to the provisions of Minn Stat 340A.308, as it may be
amended from time to time. No retail licensee and manufacturer or wholesaler of malt liquor shall be
parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law
from a manufacturer or wholesaler of malt liquor and no such manufacturer or wholesaler shall confer
any benefits contrary to law upon a retail licensee.
(U) Any peace officer shall have the unqualified right to enter, inspect and search the premises of a
licensee during business hours without a search and seizure warrant and may, in the absence of a
license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises Business
hours shall be deemed any time when licensee or employees are present on the premises Refusal to
permit such inspection is a violation of this section and grounds for revocation of license
(V) Any person violating any provision of this section shall be guilty of a misdemeanor.
41
City of Columbia Heights — Ordinance 1638
Page 7
(W) Any On -Sale or Off Sale license holder is subject to provisions of § 5.510 regarding penalties for
license violations.
§ r. 6,13 5.512 PENALTY.
FOR BEST PRACTICES LICENSE HOLDERS:
Type of License
1st
Violation
2nd Violation
3rd Violation
4th
Violation
On /Off Sale Malt
$250
$500 and 3 day
$1,000 and 5 day
Liquor
I
suspension
suspension
Revocation
FOR OTHER LICENSE HOLDERS:
Type of License
Vi olation
2nd Violation
3rd Violation
4th
Violation
On /Off Sale Malt
$500
$750 and 5 day
$1,000 and 10 day
Liquor
suspension
suspension
Revocation
SECTION III: That Chapter 9, Article 1 of the City Code be amended to read as follows, to wit:
§ 9.103 DEFINITIONS.
Brewer Taproom. A facility on the premises of or adjacent to a malt liquor manufacturer intended for
on -sale and consumption of malt liquor produced by the brewer.
Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the
premise and who manufactures less than 3,500 barrels of malt liquor a year.
§ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(53) Brewer Taprooms and Brew Pubs.
(a) Except in the CBD, Central Business District a landscape buffer with a minimum depth of ten (10) feet
shall be installed and maintained along an abutting public right -of -way.
ll All malt liquor production shall be within a completely enclosed structure
(c) Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent
properties and from public streets.
In Zoning Districts where off street parking is required a transportation management plan shall be
submitted to address off - street parking bus and freight loading and traffic control
(e) Loading areas shall not be oriented toward a public street nor shall loading docks be located on the
side of any building facing an adjacent lot that is zoned residential Where these districts or streets
42
City of Columbia Heights — Ordinance 1638
Page 8
abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a
minimum height of six (6) feet, in addition to any required landscape buffer.
(f) Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening
wall or fence no less than six (6) feet in height The open side of the enclosure shall not face any public
street or the front yard of any adjacent property
JjgJ By- products and waste from the production of malt liquor shall be properly disposed of off the
property.
(h) The premises, all adjacent streets, sidewalks and alleys and all sidewalks and alleys within 100 feet of
the use shall be inspected regularly for the purposes of removing litter found thereon
ll Music or amplified sounds shall not be audible from adjacent residential uses
§ 9.110 COMMERCIAL DISTRICTS.
(D) LB, Limited Business District.
(1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for
limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas
are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged
and designed to be a functional and harmonious part of the neighborhood, and accessible by public
sidewalks or trails as well as by roadways.
(3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the
LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104,
Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific
Development Standards:
(u) Brewer Taproom, not exceedinjz 2,000 barrels of malt liquor a year.
(v) Brew Pub not exceeding 2,000 barrels of malt liquor a year.
(E) GB, General Business District.
(1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for
general retail sales, services and other commercial developments that benefit from their proximity to
other commercial uses. These areas are located away from residential neighborhoods, along arterial
roadways and are accessible primarily by automobile.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the
GB, General Business District:
(mm) Brewer Taproom not exceeding 3,500 barrels of malt liquor a year.
(nn) Brew Pub.
43
City of Columbia Heights —Ordinance 1638
(F) CBD, Central Business District.
Page 9
(1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and
redevelopment of the established downtown core, including a mix of retail, financial, office, service and
entertainment uses. Residential units are allowed within this district when located above a first floor
commercial use.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the
CBD, Central Business District:
(ag) Brewer Taproom, not exceeding 3,500 barrels of malt liquor a year.
(hh) Brew Pub.
§ 9.111 INDUSTRIAL DISTRICTS.
(D) I4, Light Industrial District.
(1) Purpose. The purpose of the I -1, Light Industrial District is to provide appropriate locations for
industrial enterprises engaged in activities such as assembly, storage, warehousing and light
manufacturing and further processing of materials first handled by general industry. These areas are
located with easy access to arterial roadways and should be separated from residential uses by natural or
manmade barriers.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I-
1, Light Industrial District:
(y) Brewer Taproom.
(E) I -2, General Industrial District.
(1) Purpose. The purpose of the I -2, General Industrial District is to provide appropriate locations for
industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and
warehousing, which, because of their size and /or nature, require isolation from non- industrial uses.
These areas are located with easy access to arterial roadways or railroads and should be separated from
non - industrial uses by natural or manmade barriers.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I-
2, General Industrial District:
(y) Brewer Ta rp oom.
44
City of Columbia Heights — Ordinance 1638
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
Offered by:
Seconded by:
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Donna Schmitt, Mayor
Attest
Katie Bruno, City Clerk /Council Secretary
45
Page 10
CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARINGS
ITEM NO.
8B
MEETING DATE
JANUARY 23, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Adopt Resolution For Abatement
DEPARTMENT: Fire
CITY MANAGER'S APPROVAL:
BY /DATE: Gary Gorman
BY /DATE': �t
STAFF RECOMMENDATION:
Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested
regarding the properties at:
2017 -10 - 4320 7th Street NE
2017 -11- 4329 Main Street NE
for failure to meet the requirements of the Property Maintenance Code.
RECOMMENDED MOTION(S):
Move to close the public hearing and to waive the reading of Resolution Numbers 2017 -10 and 2017 -11,
there being ample copies available to the public.
Move to adopt Resolution Numbers 2017 -10 and 2017 -11, being resolutions of the City Council of the City
of Columbia Heights declaring the properties listed as nuisances and approving the abatement of
violations from the properties pursuant to City Code section 8.206.
ATTACHMENTS:
2017 -10 Res - Nuisance - 4320 7th
2017 -11 Res - Nuisance - 4329 Main
46
RESOLUTION NO. 2017 -10
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and
approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property
owned by Nyjibi Ojuway (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4320 7th Street N.E., Columbia
Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting
forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the
owner of record on December 20, 2016.
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 November 16, 2016, an inspection was conducted on the property listed above. Inspectors
found violations. A compliance order was sent via regular mail to the owner at the address.
2. That on December 16, 2016, inspectors re- inspected the property listed above. Inspectors noted that
violations remained uncorrected. A compliance order and statement of cause was mailed via regular
mail to the owner listed in the property records.
3. That on January 6, 2017, inspectors re- inspected the property and found that violations remained
uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City
Codes(s) were found to exist, to wit:
A. Repair /replace overhead garage door.
5. That all parties, including the owner of record and any occupants or tenants, have been given the
appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and
8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4320 7th Street N.E. is in violation of the provisions of the Columbia
Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any
other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant,
as the case may be, have expired, or such rights have been exercised and completed.
EVA
City of Columbia Heights - Council Resolution
ORDER OF COUNCIL
1. The property located at 4320 7t" Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 12017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
48
Page 2
RESOLUTION NO. 2017 -11
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and
approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property
owned by Bart Mady (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E.,
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting
forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the
owner of record on January 5, 2017.
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 December 6, 2016, an inspection was conducted on the property listed above. Inspectors
found violations. A compliance order was sent via regular mail to the owner at the address.
2. That on January 5, 2017, inspectors re- inspected the property listed above. Inspectors noted that
violations remained uncorrected. A compliance order and statement of cause was mailed via regular
mail to the owner listed in the property records.
3. That on January 11, 2017, inspectors re- inspected the property and found that violations remained
uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City
Codes(s) were found to exist, to wit:
A. Shall repair /replace electrical light fixture on garage.
B. Shall scrape /paint any and all bare wood on house, garage, overhead garage door, etc.
C. Shall repair /replace broken front window.
5. That all parties, including the owner of record and any occupants or tenants, have been given the
appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and
8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia
Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any
other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant,
as the case may be, have expired, or such rights have been exercised and completed.
49
City of Columbia Heights - Council Resolution
ORDER OF COUNCIL
1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
50
Page 2