HomeMy WebLinkAbout02-27-2017 CCPCH COLUMBIA
HEIGHTS
City of Columbia Heights
590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692
Visit our website at: www.columbiaheightsmn.gov
Mayor
Donna Schmitt
Councilmembers
Robert A. Williams
John Murzyn, Jr.
Connie Buesgens
City Manager
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,
February 27, 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.)
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
Invocation provided by Max Richter, Community United Methodist Church
4. PLEDGE OF ALLEGIANCE
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
1. A Day of Action to End Domestic Violence Proclamation pg 3
2. Tibet Day Proclamation
pg 4
3. Columbia Heights Royalty, Sue Hansen
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 5
MOTION: Move to approve the minutes of the City Council meeting of February 13, 2017
B. Award credit card processing contract for liquor store sales. pg 13
MOTION: Award credit card processing contract for liquor store sales to FDS Holdings LLC, at the
existing rates, for a three year term, with no early termination fee.
City of Columbia Heights February 27, 2017
City Council Agenda Page 2
C. Approve Business License Applications pg 14
MOTION: Move to approve the items as listed on the business license agenda for February 27, 2017
D. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 16
received the list of claims paid covering check number 164749 through 164932 in the amount of
$981,261.06.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
A. Second Reading of Ordinance No. 1638, Brewery Ordinance pg 24
MOTION: Move to waive the reading of Ordinance No. 1638, there being ample copies available to the public.
MOTION: Move to approve Ordinance No. 1638, being an ordinance relating to malt liquor.
MOTION: Move to approve Summary Ordinance 1638 as presented for publication in the legal newspaper of
Columbia Heights.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions pg 36
1. Adoption of 2017 Brewery License Fee Schedule
MOTION: Move to waive the reading of Resolution No. 2017 -18, there being ample copies available to the
public.
MOTION: Move to approve Resolution No. 2017 -18, a resolution adopting 2017 brewery license fee schedule.
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
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
JoWKIoiber,
Acting City Manager
K
Proclamation
March 7`h of 2017 is proclaimed as
A Day of Action to End Domestic Violence
WHEREAS: Domestic violence, a pattern of behavior used to gain or maintain power and control over
an intimate partner, happens here in our community and across our state to one in three women; and
WHEREAS: Empathy happens here for the family, friends, and communities that have experienced
the painful death of someone to domestic violence as at least 21 people were murdered due to domestic
violence in 2016 alone; and
WHEREAS: Refuge happens here through over 80 domestic violence programs in Minnesota
providing services to over 65,000 victims annually; and
WHEREAS: Healing happens here through trauma informed treatment and connection; and
WHEREAS: Accountability happens here with over 10,000 orders for protection issued each year; and
WHEREAS: Honoring the pioneering work of Minnesota advocates who founded one of the nation's
first shelters happens here; and
WHEREAS: Collaboration happens here between domestic violence programs, law enforcement,
court advocates, housing agencies, and community members to ensure the safety of survivors; and
WHEREAS: Domestic violence is a leading cause of homelessness for women and their children,
economic empowerment happens here when affordable housing is recognized as a human right.
WHEREAS: The solutions to end domestic violence happen here, with the commitment of our entire
community.
NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that
The City of Columbia Heights proclaims the 7t" day of March, 2017 as:
A Day of Action to End Domestic Violence.
Donna Schmitt, Mayor
PROCLAMATION
WHEREAS, On March 10, 2017, Tibetans will gather in their host countries to commemorate the
58th anniversary of the Tibetan National Uprising against the occupation of Tibet and to honor
more than one million Tibetans who have died in the struggle for independence; and
WHEREAS, The occupation and ongoing suppression of human rights and freedom in Tibet and
the continuous degradation of culture, religion, economic, and the annihilation of the Tibetan
people's identity should be a concern for all; and
WHEREAS, Tibetan Buddhism and its spiritual leader in exile His Holiness the Dalai Lama are
recognized for their teachings on compassion, forgiveness and tolerance; and
WHEREAS, The Tibetan American Foundation of Minnesota was founded in 1992, and has over
5000 Tibetan members — many of whom live in the city of Columbia Heights, is committed to
promoting and preserving the Tibetan culture, heritage and religion; and
WHEREAS, It is only fitting that we affirm the determination of the Tibetan people in Tibet and
in -exile to retain their heritage and protect it from destruction against overwhelming odds
through non - violent and peaceful means:
NOW, THEREFORE, I, DONNA SCHMITT, Mayor of the City of Columbia Heights, do hereby
proclaim March 10, 2017 as:
TIBET DAY IN THE CITY OF COLUMBIA HEIGHTS
Donna Schmitt, Mayor
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
FEBRUARY 13, 2017
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday
February 13, 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 7:05 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, Kevin Hansen; Public Works Director,
Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manager, Elizabeth
Holmbeck; City Planner, Scott Nadeau; Police Chief and Katie Bruno; City Clerk /Council Secretary
3. INVOCATION
Invocation provided by Bob Lyndes, Crest View Senior Communities
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
City Manager Walt Fehst presented the Council each with an All-America City lapel pin, and an All-America
City /City of Peace medallion. Fehst reported the items were purchased by the Columbia Heights Activity
Fund. Pins and medallions will also be given to City Staff, ISD 13 Staff and Students that were part of the
delegation that traveled to Denver in June, 2016.
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 January 23, 2017
MOTION: Move to approve the minutes of the City Council worksession of February 6, 2017
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Park & Recreation Commission Minutes from November 16, 2016
MOTION: Move to accept the Traffic Commission Minutes from December 5, 2016
MOTION: Move to accept the unapproved Traffic Commission Minutes from February 6, 2016
City Council Minutes
February 13, 2017
Page 2 of 8
MOTION: Move to accept the EDA Commission Minutes from January 3, 2017
MOTION: Move to accept the Planning & Zoning Commission Minutes from January 4, 2017
MOTION: Move to accept the Library Board Minutes from December 7, 2016
MOTION: Move to accept the Library Board Minutes January 18, 2017
C. 2017 Ford Pickup Capital Equipment Purchase
MOTION: Move to authorize the purchase of one new 2017 Ford F250 3/4 -ton pickup truck off the
State of Minnesota purchasing contract from Midway Ford of Roseville, MN in the amount of $23,400
plus sales tax; and one power lift gate from Aspen Equipment of Bloomington, MN in the amount of
$2,563 plus sales tax. Funding shall come from the Street Capital Equipment fund 431 - 43121 -5150.
D. Approving Plans and Specifications and Ordering Advertisement for Bids for 2017 Utility
Improvements 40th Avenue
MOTION: Move to approve the plans and specifications and order Advertisement for Bids for the utility
rehabilitation of storm sewer on 40th Avenue east of Central Avenue to LaBelle Pond.
E. Approving Plans and Specifications and Ordering Advertisement for Bids for 2017 Utility
Improvements Main Street
MOTION: Move to waive the reading of Resolution 2017 -17, there being ample copies available for the
public.
MOTION: Move to adopt Resolution 2017 -17 which accepts the Feasibility Report and approves the
plans and specifications, and orders the Advertisement for Bids for the replacement of water main on
Main Street between 40th and 42nd Avenues.
F. Approving Plans and Specifications and Ordering Advertisement for Bids for Circle Terrace
Park Building
MOTION: Move to approve the plans and specifications and order Advertisement for Bids for the
Circle Terrace Park Building, based on a recommendation from the Park and Recreation Commission.
G. Final Payment for Chatham Road Lift Station Rehabilitation
MOTION: Move to accept the work for Chatham Road Lift Station Rehabilitation, City Project No. 1414,
and authorize final payment of $9,868.61 to Meyer Contracting, Inc. of Maple Grove, Minnesota.
H. Final Payment for Library Bid Package 1
MOTION: Move to accept the work for Library CP -1, City Project No. 1410, and authorize final payment
of $29,444.38 to Veit & Company, Inc. of Rogers, Minnesota.
I. Final Payment for Water Tower Rehabilitation
MOTION: Move to accept the work for Water Tower Rehabilitation, City Project No. 1507, and
authorize final payment of $26,430.00 to Odland Protective Coatings, Inc. of Rockford, Minnesota.
J. Designate One Hour Parking on 40th Avenue Adjacent to 332 40th Avenue NE
MOTION: Move to designate "ONE HOUR PARKING, 7:00 AM TO 9:00 PM" on the south side of 40th
Avenue adjacent to 332 40th Avenue NE.
City Council Minutes
February 13, 2017
Page 3 of 8
K. Approve Amendment to Joint Powers Agreement (JPA) for North Metro Regional Street
Maintenance Consortium
MOTION: Move to approve the Seventh Amendment to the Joint Powers Agreement for the North
Metro Regional Street Maintenance Consortium, combining the 20 -day comment period and the 30-
day "opting out" period for all or a portion of the work with the 30 -day period beginning shortly after
the bids are opened.
L. Resolution 2017 -16, approving a professional services agreement between the City
of Columbia Heights and Hoisington Koegler Group Inc. for the Columbia Heights
Comprehensive Plan Project. *Removed for discussion.
M. Approve Transfer of PSB Range Rental Fees
MOTION: Move to transfer $10,560 received in Public Safety Building Range rental fees be transferred
to the Police Department budget line item 3105 for Training.
N. Approve Gambling Permits, Immaculate Conception Church
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for
Immaculate Conception Church to conduct bingo and a raffle at their event being held March 19, 2017
at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights
hereby waives the remainder of the thirty -day notice to the local governing body.
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for
Immaculate Conception Church to conduct bingo, pull tabs and a raffle at their Fun Fest event being
held August 4 -6, 2017 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of
Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body.
O. Authorization to Purchase Police Vehicles
MOTION: Move to authorize the purchase of two 2017 Ford Police Interceptor Utility vehicles and one
2017 Ford Taurus unmarked vehicle under the State of Minnesota bid, with funding to come from
431.42100.5150, in the amount of $77,89.90 and that the Mayor and City Manager are authorized to
enter into a contract for same. These vehicles will be used as marked patrol cars and unmarked police
vehicles.
MOTION: Move to authorize the Police Chief to expend up to $53,215.00 to set up and outfit two
marked patrol cars and an unmarked vehicle.
P. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for Feb. 13, 2017.
Q. 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 164514 through 164748 in the amount of
$2,419,010.66.
City Council Minutes
February 13, 2017
Page 4of8
Councilmember Buesgens requested item L be removed for discussion.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve the Consent
Agenda items A, B, C, D, E, F, G, H, 1, J, K, M, N, O, P and Q. All Ayes, Motion Carried.
The following item was removed for discussion:
L. Resolution 2017 -16, approving a professional services agreement between the City of Columbia Heights
and Hoisington Koegler Group Inc. for the Columbia Heights Comprehensive Plan Project.
City Planner Elizabeth Holmbeck reported that the plan is updated every ten years. The last update was
completed in 2008, and this update is due to be submitted to the Metropolitan Council by the end of 2018.
In October 2016, the City Council authorized a budget for this project. The City received six proposals and
interviewed the top three candidates. Hoisington Koegler Group Inc. is being recommended, the contract
has been reviewed by City Staff and the City Attorney.
Mark Koegler indicated he is looking forward to working with the City Council and City Staff as the Project
Manager for the comprehensive Plan Update.
Motion by Councilmember Williams, seconded by Councilmember Buesgens to waive the reading of
Resolution 2017 -16, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Buesgens to adopt Resolution 2017 -16,
approving a professional services agreement between the City of Columbia Heights and Hoisington Koegler
Group Inc. All Ayes, Motion Carried.
8. PUBLIC HEARINGS
A. First Reading of Ordinance No. 1638, Brewery Ordinance
Keith Dahl, Economic Development Manager reported the Council discussed various revisions to the
ordinance at their February work session including; removing the 300' liquor licensure restriction for
breweries to be located within 300 feet of a school or a religious institution, as well as whether or not to
remove two development design standards related to a right -of -way landscape buffer and audible amplified
sound.
Mayor Schmitt indicated there have been questions regarding the sale of liquor during wrestling events at
Murzyn Hall. Dahl reported that because the wresting events and the liquor operations are held in two
separate locations within Murzyn Hall, there is not a compliance issue.
Motion by Councilmember Williams, seconded by Councilmember Buesgens to waive the reading of
Ordinance No. 1638, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Buesgens to set the second reading of
Ordinance No. 1638, being an ordinance relating to malt liquor for February 27, 2017 at approximately 7:00
P.M. in the City Council Chambers. All Ayes, Motion Carried.
B. Consideration of Resolution 2017 -15, approving a Preliminary Plat for Venture Pass
Partners, I.I.C.
City Council Minutes
February 13, 2017
Page 5 of 8
City Planner Elizabeth Holmbeck reported that on behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has
applied for Preliminary Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is
currently one lot of record and the applicant is requesting to re -plat the property to create two separate
lots. The plat would allow for two separate developments to occur on the property; a convenience store to
be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual
restaurant on the north end. The applicant went before the Planning and Zoning Commission on February
7tn 2017. At the meeting, the Preliminary Plat was unanimously recommended for approval..
Councilmember Murzyn, Jr. reported there was one question at the Planning & Zoning Commission meeting
regarding the retaining wall.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to waive the reading of
Resolution 2017 -15, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to adopt Resolution 2017 -15,
approving a Preliminary Plat for Venture Pass Partners, LLC. All Ayes, Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Councilmember Buesgens reported she attended the League of Minnesota Cities Conference for Newly
Elected Officials as well as the Green Expo and the Bridgeview Chili Cook -off Fundraiser.
Mayor Schmitt reported the Columbia Heights team (led by Dan O'Brien) took First Place in the recent
Bridgeview Chili Cook -off Fundraiser. Mayor Schmitt also attended the Regional Council of Mayor's event at
Dorsey & Whitney. The Race Equity Initiative was discussed. The Urban League Institute has scholarship
opportunities; information was shared with City Staff.
Councilmember Murzyn, Jr. reported the Fire and Ice Plunge was a success, all proceeds going to SACA.
Councilmember Williams reported he attended a Board Meeting at Heights Manor. Residents are concerned
with the deterioration of residents. Williams indicated a new president is working to improve conditions.
Report of the City Manager
City Manager Walt Fehst reminded interested residents to submit their application for the open city council
seat prior to the February 23rd deadline.
11. CITIZENS FORUM
Sal DiLeo- Northeast Minneapolis reported the City of Peace Scholarships will be presented to the four
Columbia Heights High School recipients this spring.
City Council Minutes
February 13, 2017
Page 6 of 8
Malcom Watson -1717 49th Ave NE reported on some history on Silver Lake Beach.
12. ADJOURNMENT
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adjourn. All Ayes, Motion
Carried.
Meeting adjourned at 8:03 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2017 -15
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for
Venture Pass Partners, LLC.
Whereas, a proposal (Case # 2017 -0202) has been submitted by Venture Pass Partners, LLC on behalf of Hy-
Vee, Inc. to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the
following site:
ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421.
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
February 7, 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
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:
IN
City Council Minutes
February 13, 2017
Page 7 of 8
(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 -16
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, the Metropolitan Council (Met Council) has been the regional policy- making body, planning agency, and
provider of essential services for the seven - county Twin Cities region for nearly 50 years, and;
Whereas, a board appointed by the Governor guides the strategic growth of the metro area, adhering to the council's
mission of fostering efficient growth for a prosperous region, and;
Whereas, in an effort to establish uniform regional governance of housing, transportation, and utility infrastructure, the
Metropolitan Council requires each unit of local government within its jurisdiction to maintain a Comprehensive Plan,
and;
Whereas, Comprehensive Plans must be updated and reapproved by the Metropolitan Council every ten years, with the
next approval deadline being December 31, 2018, and;
Whereas, the City of Columbia Heights is required to adhere to regional Comprehensive Plan standards and
requirements, and;
Whereas, the City of Columbia Heights has selected Hoisington Koegler Group Inc. to provide professional services
related to the 2018 Comprehensive Plan update.
m
City Council Minutes
February 13, 2017
Page 8 of 8
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 approves the professional services agreement between the City
of Columbia Heights and Hoisington Koegler group Inc. for the Columbia Heights Comprehensive Plan Project.
RESOLUTION NO. 2017 -17
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, the City Council has initiated a water main replacement on Main Street from 40th to 42nd Avenue, and
WHEREAS, a report has been prepared by the Director of Public Works with reference to the Main Street water
main replacement, and
WHEREAS, the Main Street water main replacement includes the following main segments:
• Main Street from 40th Avenue to 42nd Avenue
WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and
cost effective, and
Said report is hereby received by the City Council of Columbia Heights on February 13, 2017.
Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights,
the City Council of Columbia Heights makes the following:
FINDINGS OF FACT
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such water mains in accordance with the report and
the assessment of water services to abutting or benefited property for all or a portion of the cost of
the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the
improvement of $345,000.
2. Such improvement is necessary, cost - effective, and feasible.
3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 13th of
February, 2017.
4. These improvements shall also be known as Project No. 1703.
5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement.
6. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an
advertisement for bids upon making of such improvement under such approved plans and specifications.
The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the
work to be done, shall state that bids will be received by representatives of the City Council of Columbia
Heights until 10:00 a.m. on Wednesday, March 22, 2017 at which time they will be publicly opened at the
place designated, will then be tabulated and will be considered by the City Council on Monday, March
27, 2017 in the Council Chambers. Any bidder whose responsibility is questioned during consideration
of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will
be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or
certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid.
12
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7B
MEETING DATE
FEBRUARY 27, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
AWARD CREDIT CARD PROCESSING CONTRACT FOR LIQUOR STORE SALES.
DEPARTMENT: Finance
CITY MANAGER'S APPROVAL: �%i ✓(rG%`�
BY /DATE: Joseph Kloiber /February 23, 2017
BY /DATE: -/,-j
BACKGROUND: The current contractual arrangement for processing credit card transactions at the City's
liquor stores is a multi- tiered arrangement. Those tiers are:
1. Higher Standards —An independent sales organization (ISO), similar to an insurance agent.
The ISO negotiates prices and functions as the primary contact for customer service.
2. CardConnect —The processor with whom the City currently is contracted.
3. FDS Holdings —The "behind- the - scenes" processor to whom CardConnect contracts the actual
processing of the liquor stores' credit card transactions with the major card companies.
4. The major card companies - VISA, MasterCard, Discover, American Express.
Under the current contract, CardConnect is only functioning as a "middleman" ( #2 above). They are not
actually processing transactions. Working through this middleman has been very problematic when errors
occur at the actual processor ( #3 above.) There is also evidence that this middleman is not timely addressing
certain technical issues of their own.
The company actually processing the transactions, FDS Holdings, has offered to contract directly with the City
at the existing terms in the current contract. Staff thinks that eliminating the middleman will eliminate the
performance issues with the current contract.
This is the fourth time in twelve years that the liquor stores have changed credit card processors. The first
time was for price. That processor, Wells Fargo, subsequently raised its price. All of the other changes were
made to obtain adequate performance. Based on this experience, staff strongly advises against contracting
this service based solely on lowest bid. Nonetheless, price information is provided below for comparison.
There are certain small account fees, but transaction charges make up majority of the cost. The transaction
fees shown here are only the fees that go to the processor. These processor fees do not include the much
larger fees, called the interchange rates, which go to the major card companies. The interchange rates are not
negotiable with the major card companies.
(proposed vendor) FDS Holdings 0.080% + $0.07 per authorization
(poor performance) CardConnect 0.080 %+ $0.07 per authorization
(poor performance) Global Payments 0.080 %+ $0.05 per authorization
(Does not accept Discover) Wells Fargo 0.925 %+ $0.11 per authorization
STAFF RECOMMENDATION: The city manager and staff recommend approval of the following motion.
RECOMMENDED MOTION(S):
MOTION: Award credit card processing contract for liquor store sales to FDS Holdings LLC, at the existing
rates, for a three year term, with no early termination fee.
CouncilLetter LiquorCreditCordProcessing _022717.docx
13
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT AGENDA
ITEM NO.
7C
MEETING DATE
FEBRUARY 22, 2017
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
LICENSE AGENDA
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL: T
BY /Date: FEBRUARY 27, 2017
BY /Date: a-
BACKGROUND /ANALYSIS
Attached is the business license agenda for the February 27, 2017 Council meeting. This agenda
consists of applications for 2017 Contractor Licenses and a Peddler's License.
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 February 27, 2017 as
presented.
14
Documentl
City of Columbia Heights - Council Letter
TO CITY COUNCIL February 27, 2017
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2017
BLDG *Stafford Home Service
*Champion Plumbing
Nystrom Contracting
*Asphalt Driveway LLC
*Building Restoration Corp
Royal Flush
*Arbortech Stump /Tree
6225 Cambridge St. Mpls
3670 Dodd Rd #100, Eagan
3134 California St., Mpls
1211 E Highway 36, Maplewood
1920 Oakcrest Ave #1, Roseville
22541 Typo Creek Dr, Stacy
6332 Rhode Island Ave, Brk Pk
PEDDLER LICENSES
*Chad R. DeWolf/Window Concepts. 291 Eva St, St Paul
$60
$60
$60
$60
$60
$60
$60
$100 /1 mo.
15
Page 2
U)
2
w
m
D
J
O
LL
O
F-
5
C
N
m
Q
0
8
U
�
N
O
L
U
�
�
CO
t�
0
N
c
U
�
O
O
j
co
O
bA
_
3
w
>
Q
73
co
�
J
L)
O
�
U
LL
U
O
U
U
a�
o
co
C)
o
N
N
ti
N
U
O
N
>
(6
N
o
�
m
O
LLI
4-
a
cB
C:
-,
LL
(n
O
N
O
E
-0
CD
m
O
O
Z
(n
p
W
p
W
�
N
�
J
±
co
m
U
m
_0
Z
p
p
T
E
o
m
U
m
C7
0
w
_
m
°
7
0
Q
-0
>
z
Z
rn
Z
Q
J
ui
LL
u
LL
O
O
U
w
o
}
LL
Z
W
z
O
c
0
o
a
Z)
}
:
Z
o
o
LL
0
U
U
2
C
�
C
N
m
Q
0
8
U) w
*
*
Ea U
x Fc
*
*
a
H x
*
*
a
w w
+
>,
0
*
*
a
FC U
*
+
U >1
H
*
+
`Z O
+
+
H O
p •
*
+
a H
,-I
*
*
U
0 0
U
*
m
+
*
a) 1D
W u)a
*
*
C1D
0 O O
*
*
-rl O
LO .431
+
a
>4 o Ln
+
Haa
*
*
H C7 C7
+
*
H
*
*
z
+
*
H
lD
N
*
x
co
U U)
+
*
a
�4
u�4 �4u
us4�4uuuuu
r�
*
*
H
H
*
0000*
U
zz
0>i
F4
*
*
z
x
0
+
+
a
r-
m
x
*
zzzz*
r-
k
+
*
o
U
*
4<<FC*
N
a)
N
+
\
IJ V+
U
*
W W W W*
N
H
*
N
0
a a
+
aaaa*
o
*
*
u zs
*
4J (0
* * **
.....
........
a0
u
w H
0
bi
W
-K
4J
0 L6
040
>+ o
*
*
C
rt d
n
co • •
*
*
O
+J
Q H
•�
C
N
*
*
W
0
a r
+
*
+1
o
a
cc
.,, u 0
r�
+
+
U
Q,
C
• W S4 S4 t4
0 +J a)
\ H
+) () 2
H
*
*
N
m
• • O
• a) +J +-) a)
i4 r3 +J
04 a)
U C z
U r
*
*
a
U
v 0 C C
0 Q !0
k U
C C FC
Z
-
w
zU
OW
� w
Q
41y
,(row
go
*
*
U)
H
0Fc
(a U
a) -0
w
+Jana
,'Z, N
*
*
(6
H
Q H H z
U a) U) }4 a) '0
a)
U)
H \
-k
+
V
C.'
U) -Z
a) (d N
U i 4 U (d a) U) a)
'0 a)
rl O"
G14 1
*
*
i4
o
m
U ( k
a) O -H 4 f N ii
�j U
H ,Q a
N
*
+
0
-ri
Fl '0
it �4 U
•n'0 O U .k U N (0
H ro
0
rn \
+
+
04
+j
U C
a) � � a)
O C > S4 C � H a)
U a)
C h
UN
-K
*
a)
a
z�5
0 O O.x
si v a�5 (0 O a)H
C u
�0
+
+ + * * *
0.i
0
H 4
UU)ht, U
04>HN (IQ >ZU
HU
a
H
x
H
w
x
w
H(D
M a
a 0
O •
U m
0
W >
O
fx
>+ 0
H d'
H0
Ua
0
'z,
H
to to m m-) Ln o o o Ln O �v(n(O(n(n O �T(n 3, w in m o m o o m o T r- r, to Co O (,,i M m r r O -1 o a•0)Mr
H
'Z,
N m r r H M Ln 0 V n (O H m H N H O m d' N ID l0 T O H O O m O O r r O m O M N O to l0 O O O m m (0 N
a 0 m H (/) H w z P4 H a
U)
0
d' U1 m M l0 x N L. V' m M dl m m N N O O N m 0l r O O '31 (`) r N m 01 m O 01 N m O 01 O M d' l0 N io
H
",
d' O H r-I (n H r-I H N N m r 'w m O Ln to d' O m M to m Ol O O m m N 01 Ln 0) .H N �o M O yr r-I O d' O d' N w r
a
Q',
H m Ln n H r Q' 01 M m O V' l0 N to H 11 m r O N rl M H d' (O H H H N H r N (`")
>r a
. . . . . . . . . . . . . . . .
[M 1 d' H d' H
H H
to H H
0 U
4J z
O Ha aH U(D 0 I Z 2z aHza,(r_. 1 HH
V)a
z z < x U >+ < LL H H<< W U Q U) U) k1 N 04 H 0✓ H (�(,' H< H H N
.H O
xU
w
x r
H
2z HH a r4 0<w0zwv ">fxz (DPx £z w(zzwP4wwzu0w HN
U H
FC
r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r
w 0
Q
H r-i H H H ,H H H H H H H H H H ,H H H H H ,H H H H H H H H H H ,H H H ,H H H H H H H H H
4 N
>xfx O HG+wU)U> afxa3 1�10.1> <C 4U)W 2W O WxxrCHHaHU) HUU) U>4
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
U\
x
-zva'NU7U)N(o to Ln N Lo is) Ln Ln Ln Ln Lo Ln(o(nLnLn u)io Ln Ln tn(n Ln to n io(n Ln Ln Ln(n(o Lr) Ln(O Ln Ln u) Ln LnN
F,
U
H H H H ,H H H ,H H H H H H H H H H H H H H H H H H H H H H H H H H ,H H H H H H H H H H H H H
N
w
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\
x
N N N N N N N N N N N N N N N N N N CV N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N
U
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O
a
z
W WFCZU04 < w o00UHHHO0(4mmmF -q0H xHzPaMM z wzz0QhH\
�k
o) o ff (\i (`') �T U) to r m dl O H N(") d' Ln to r m m O H N Ma, Ln to r m m o iN(` "i T N to r CO 0) o H N (') d' LO
0
x
�u")d) d) n Ln Lo Ln Lo Ln Ln �o�,o ,o,o�,ow�o�o�owr- rrrr rrrrrmmmmmmmm cc) xrnmrnrnrnrn
Q
U
r r r r r- r r r r r r r r r r r r r r r lr r r r r r r r r r r r rr r r r r r r r r r r r r r r°
O
W
mvTrnmTT rT vTvT aTIT ITmvTvT'IV cra'�va a ITIZV IT Tlw ITIV 'T ITw rT rlwIV ;T IV IV�TvvT
�
x
10 to to 110 to to to to to l0 to l0 0 �o 110 110 w l0 to to to to 110 to to l0 to 0 to 10 w to 10 to W l0 l0 0 to to w ID to w l0 0 to
W0UXXXZ(4O4MWFCWW WWOz;F;W WHOOa<0U <W0 W H 00000
OO a
N
00
z 04 a El H FC H4
r� 0401 >+HU a UQ O Q(n
a 0 m H (/) H w z P4 H a
Uzzw wzlx U HrC t
`OU
z> U aU 44< z H �H rL a(n
u Cz z <z 9 0r 0 z c,w (n OZ
H H < H >,O W W W W H U) H FL U Q Wu ice. z U< w U O >+
O Ha aH U(D 0 I Z 2z aHza,(r_. 1 HH
z z < x U >+ < LL H H<< W U Q U) U) k1 N 04 H 0✓ H (�(,' H< H H N
a H W QOZH za+� >0P C40z HEl v 0 � zP4umu) U
x aZ ZUHHP'ZD - C4w0iW W 4 H xF4 Ul a'`e 0xmm\N04f4 zm
2z HH a r4 0<w0zwv ">fxz (DPx £z w(zzwP4wwzu0w HN
W Ha>0P4 ,DaH 04 HU)WWWC4 HHWz a0 WwHWUHW v,3 #r
>xfx O HG+wU)U> afxa3 1�10.1> <C 4U)W 2W O WxxrCHHaHU) HUU) U>4
w < x m W z W a <0 H W WZO4XHMQwSxQMU3x> FCZW WZHZP z
HH30 2D>-' M F- IMH \WUMMu :)DX H <F\ WH H0 0clxD4wx40 aD z HOG,HH
HU)ax
NN
Z
\<(4 - <Of UOZZ0'�W>1>+ 4Px XaW>1 > >WQP� IP0<w0QaUW wHW WNx
WH
a
z
W WFCZU04 < w o00UHHHO0(4mmmF -q0H xHzPaMM z wzz0QhH\
H ••
0
0
ax x O H H< Z M z P4 P4 Z w M H x x H< D 92< Wh H H\ Z W W] xHzH u)H0Z \H O'
U)d'
Q
U
04 NO; P4x0 H WQW4aaZQFC<H0HE-HQWZ \9WaH z0fZ Q a < amW Wx',zW
O
�
U)
W
W0UXXXZ(4O4MWFCWW WWOz;F;W WHOOa<0U <W0 W H 00000
OO a
N
>
W Z<FL<FCFC<< FCFCM14OfY10.1MMMUUUUU000UUQ0Wfy4r3444 C7C7UC�xxxxxxx
a
c�
<
z
H
H
U r
x
zH
U
0
w
zN
x
H \
U
W M
N
x
x
(n \
z
z
U N
r
FC 0
W
Pl
00
U) N
H
x
H
W
x
w
H Fc
P� a
a�
a O
0 •
Ux
O
w
0
c4
? o
H v'
H to
Ua
(D
0
'z,
H
omxr if)OOOOOm mx000000xOOr r d) v' 0000061 O N lD io -v oow 0 v NCO 00
H
27
O x d• r N 0 0 0 0 0 lD 61 if) O O O O 0) N r 0 0 0 lD m r 0 0 0 0 0 61 O r O (n O O v O N lD w H r^ H M
Ha
O E Un z U Q
. . . . . . . . . . . . . . . . . . . .
U)
0
M N O r Lo 6l Ln r r x 106161 O io O N O N N v' Lo w m m v H N M O O 1D r to H NLr) O r 0 to io Lo x 0 0x
H
U u p H
x x N Ln 61 61 r M r H x N N N N O r V' v x x 0 H dw Lo 1D H H H N H M H r O x x O x M 'T H H M 01 N
1-1
FC
M OM HU1 NH H 01 H H N NMHHHH0 NHd'NH Htor d' .o HHNNNH NM
>1 a
to z HZ z
r d' H H N N v' f") 0) r M H
Sd H
H M M H
0 U
140 H Z 0
H
4-) z
ma
OZ U w HG H>i
ZOH 16 H(/} U)
-l+ O
x
H H 4 Z Z Z a4 UHZ
Dn0x a
w
k r
H
O Q m 0 w u H z
U H
Q,'
r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r
v 0
Q
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
U\
W O 3 H .4 H 2
NNLn 0 Lo NLn Ln Lo Ln Ln Loon Lo NLn NLo to NLn NLn U) N Lo U1 N N N Ln N N N to Ln N U) N N N U) U) N Lo NN
r
U
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H N N
N
w
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\
x
N (V N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N
U
00000000000000000000000000000000000000000000000
O
0H(f)ZW0 mx w r-4 Z
�k
w r- x 61 O H N M QT L01D r wmOHNM V'io 10 r x 61 o NM rN 1D r xmOHNM ;T Ln "o r xmOHfJ
610101610 0 0 0 0 0 0 0 O O H H H H H H H H H H N N N N N N N N N N (') M M UM M M r,M M Md'd'a'
H 000HH HMQ04M 0 O
U
r r r r x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x JJ x x x x x
w
alvx�v�T TITT T�vITvTav� va avIZ31vTIT vvvlvTmv ITcTIVvaT�T aTIV IV IV a•cr'ry TvITv vTvTv v IT
Z Z >ZU0<Of CH H
x
40 w 10 1D 1D 10 10 10 10 1D I9 10 10 w 10 w 1D 1D 1D 1D 10 1D 10 0 w 10 10 10 10 10 10 10 1D 10 1D 10 1D 10 10 10 10 10 1D 0 10 10 10
U
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
rn
z Ow H w
a U O
z a' H
E1 E1 O U 1 a U
O E Un z U Q
O U H
ma U a w Fc
U u p H
FlU)co x U>
H l W C7W Q
to z HZ z
FC P: �4 W HP w
Q ZP: t7 z a
140 H Z 0
z0U ZW
6zo w Hz W O
OZ U w HG H>i
ZOH 16 H(/} U)
a a a Ha U Z
H H 4 Z Z Z a4 UHZ
Dn0x a
OW WOl 4 as Z H
2) HFCH0H U) Z zaFC
O Q m 0 w u H z
o U0H2 0 w < z
0az H3 HM04
hQz - w0 zv:.
x H a w U H >i z O
W O 3 H .4 H 2
4 W Z H < Z W x U
nwHn H�
�3a woU
�0 Hpz Zrww r4PU
aa44 mH2EWiw4UHH
0H(f)ZW0 mx w r-4 Z
U)H0'UHOaZQU41 U)
i P4Fq<F�cUWZZ z w
H 000HH HMQ04M 0 O
HU)ZU)ZM! 4H ZHHQ
ZZH04H >3:9ZHFC(4 >10 Px
Z Z >ZU0<Of CH H
F4HP4W W3UnH Z
0 M M H 0 P Q zH xW0U(nFC
W >C4MoWW2 UGH4FcH
Z W Z 3 Fe
aH a D<>1FC3FCu0(4 •Q3
H
QH0 aaHQ w 0
a HZ 3U)9z a
UwaU)aZ El HazwHrxQ
z(n
z
zHaz>i a am Ha, Oa
0,2 ZP:WU) aH0Z4xZ
U) W 0- -IU)H ZP, WHZZ9fx
WH
a
a
W9>i0Q")U) <n>iU)gU)4
WHH WHUUaaHHG
4H W M W U W 0 0 2 9 W H 2:
H '•
0
0
ar FCU)W D Oz P4 W w w 0
x xHP44H •Hjl r<
rQ0wHX<4 aNU (Z 0:
U2�
Q
U
WOHZZXWU09 3;7Za4W
WMal4MP4 NHrC0
~s:ZPaazaH0Wi7aa
>+O
Z
U
Q xZQ xR:QZQQZZ
FCQW04Z a0H>iO4 2Wxxx0a
< H H z z z w W
Un ••
w
9
ZZh0W UWHHHHZ>H<W440Z<Wxx0ZW
WMUUUx0HH37WHH3UH
U
N
>
H H�JhY.,,Y,H� ,"Z, ," ", a �Xzzzz0aaN
040 04 Pamv)U)U
MWU)WHa >> 33xv'r�FE
aH
U
FC
z
H
H
U r
zH
U
FC O
W
ZN
x
H \
U
W M
N
x
x
U) \
z
z
U N
9
9
FC 0
W
W
rn
(1) M
H
x
H
W
x
w
H rs
P7 N
a0
O•
U W
0
G, >
O I
P:
?+ o
H c
H LO
Ua
(D
0
z
H
H
H
a
>1 a
i-I H
0 U
+1 z
U) z
-11 O
xU
x r
U H
vo
U \
r
N
N
O
W H
H••
U) IT
>+ O
aN
H
0 r
Z H
< O
z N
H \
WM
N
m\
g o
H O 0 r 0 0 d' l0 O l0 (n O 0 d' U1 U) u) O m Lo o d' o m O in r O O r 0 W W M Ln l0 n O 1,0 r M o o ID O M d' w
Z u) N O O O W M O LO l0 0 n W d' N r m O l0 O d' O d' O 0) r O O H Ln l0 co to co r 4' O co W d' 0) LO (N l0 d' if) H
. . . . . . . .
O l0 x 0 0 0 0 10 C) r O N 01 N l0 d' dl -t; al a' r N O M co, 0) LO 0) O �n 10 M N d' r O) M O 01I W H H 01 l0 M l0 N r
r l0 (N l0 u) W Ln r to r to co ld 0) O H lO W W d' O r IT r'h co Lf) N W d' O d' O lO N d' 10 m 0) N LO lO H H O d' M
H H M M N H r M W 0 lO N O m H l0 0) 0) l0 H H M M H W H H M H H H N r O N lO r
„
H 6) 6) H H t❑ H H U M l0 N H H H d' lfl H
M H N N N
H
❑ H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
iYi N N CV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (`J N N
U N N N N N N N N N N N N N N N N N N N N N 09 N N N N N N N N N N N N N N N CJ N N N N N N N N N
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
x
U
W
x
U
i
O O
Q U
z
H
x
U
W
x
U
x x
z z
cP w
M d' t❑ l0 r W m O H N M d' 0 l0 r W m O H N M d' U1 w r W m O H N M IT N l0 r W 0) O H N M d' N l0 r W 0)
d' d' d' a' d' d' IT U) U7 U) U] in to U; to Ln U7 �,O W ID 1,0 'D 1.0 l0 l0 l0 l0 r r r r r r r r r I`- W W co cc W W W W W W
W co W W W W W W W W W co W co W W co C" W W W co W co W co W co co W W W W co co co co W co W W W co W W W co
d' IT d' d' d' d' d' Q' d' d' d' IT Q' d' d' d' d' d' d' IT d' d' d' IT d' IT IT d' IT d' d' d' d' d' Cr d' d' Q' Q' d' IT C"r d' d' d' IT d'
l0 l0 l0 l0 'D l0 l0 l0 Lo LD to lfl �v l0 l0 l0 :0 l0 lD l9 110 'D l0 lfl w lD to O lD l0 LD LD l0 w w lD W CO w l0 w l0 w \D l0 l0 110
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
U U O z O ❑ a w r a w Z U H< z a
Z 'Z H H < H H M W U O U O H H Q M H
H > H a H a 0 U cl) H U z F W Q u
rxaw" U U-lzzw > U H 7 af4 �) z
wwaHoUwr z azNa P: z H U 1-1 011 U, x Kcz x
a0m0WUZHZ H zv z < oz a az0U
O CO H 0 9 U44 zaww(n(D U) u w x H uKC UwUO O 2 ❑a
* (/) a U) U Z a • Z 41 a H H t1; (D (D N U) z x z Z N U H 3 O w a a
HwKC0>+Zz0,ZUHW U<< 3 WHw0 H(.(' H N U 0 H
'Z H U) z w H w O %. H N 0 z W O U) (7 R; G ^t z U a P: U O a (3
OZOH 4 WUHU)U)pC4W r4 W<W0 Q HU' OK XUU)\ 0Z0 a WZW(9H z
U<a0XE -H(4 z U 0ZMW> >c' w z P,zzwwzw0U H U 0 H H N Z M •H
04 U)<HHaHP� W NH W WW Ha HQNWry'HHHUE - HZE - H W 4, m 9 #kHHU)>
HXHtia0 44W mH P:P 3 >ZIq 4 3:HP;XXKCU) HP HP:H U) Z$Ui 'x00<
n0QHr.4COW waU)>490 z W H 0 z >WU) s> W >KC 0<EH W W zHW 14 P4
w0 W Q> m4>+NmUw<wnnm0UHW<HHH UtQ%N0NHZX0:N>1H00:C4 M 0
N ❑QxZHH H(n aaC4P; N aQQZazz H U W W Wry ❑2a WNw0 z
www 0
wUUU4UN< <0000HHHH004aC43zWZXMWN ZZP:%ZaWO W
UNWQQ>+O
ZZZZHH<M2U<MMH 114 `,4 WONNDZPX W W %EHM 2 w < m m
art r�<HP axHWWZaaZ zFC9 HHHH> 4 H w xx WKC xtiWW WHz
rc > > >aWWOHNHfxaaa0❑WWazzzHa jXnjzWLsz0Na4>WMU xX xis
QQQQa HP:U)N9 W W WOOaPS<W W W H D < U 0 W H a W00000xd'KCQOOZh0
r� �r�r� �KCr�KCKC �5CCOM1414M M QM000UUU0W W 44 4444000 0 0 0 000 ljxxHhhx
0
N
H
x
H
W
x
w
� U
H FC
PI N
a 0
O'
U 0D
0
Ga >
O 1
a
� 0
H d'
H n
Ua
0
O
z
H
coolOOOOHOOOIoomomor-NLOCCOOd 'rmood ' 000 W mw000HHOO
H
z
N o O r O O N O to o o to O r O N Lo N,o N N O o o QU H Ln o O Ln Ln �o O('') N (Y) Ln NN 0 H Ln0
am
U I N H
co
O
O O N m O O m N CU 0 0 m 0 H lD O 00' m m N N 0 0 00 lD m m N Ln N 0D Ln Ln [I' r N CC m
H
,�,'
lO Ln N r O Ln a' m to m m d' M (D (`1 r N O W N (q 00 X 00 N M m r 0) tv d' r d' N 4' H w r d' IT
i-I
F(
H O d �T M N IT m N 4 'T M H H m M Ln H p• m r 00 Ln H< d r w N r H O N [T
>1 ra
. C. . . . . . . . . . . . . C. .
H ON m OH10 m NM M H mH C H
i4 H
U` w U Fc Z
H H N H (N N LO H
0 U
+) z
M H Z Z
Z M Z w O H
U) p
N COW Z
•1-1 O
p FCH
xU
W HF-I O H H> a
N u)H
w
k r
H
ZNWU) H U Fc7rc
U H
F:�
r r r r r r r r r r r r r r r r r r r
Q) 0
Q
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
Hu)W W z Uau1 >9
U) O Z W
U\
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
r
U
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N
W
\ \ \ \ \ \ \ \ \ \ \\ \\\\\11 \11 \11 \11 \11 \\\\\11 \11 11 \\\\\\\\
\
x
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N
U
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O
W O W U)
a FC H H 9 H FC
U) FC m W FC W Q z W O H
�k
0HNM d' Ln to r wm0HNM d' LO to r CO m0HNM IT Ln to r 00m O H N M IT Ln O r CO m O H
x
ai m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H H N N N N N N N N N N (•l M M
HSUUW U H
U
W m00 W 00 co o 00 N co m m m m mm m mm m m m m m m m m m m m m m m m m m m m m m m m m
W
31 IV ;TaTvTv'v'v'v v'v v' mm v7 T IZT ITvT�TaT a'a'��wcc• cc v'lrv'd'd'v'v'a'a'�T v'a'v'
Z HFa
tl.
lO O to lD lO lD O lO Q0 W CQ Cfl CO 1,0 \D W W lD W W 'A W l0 W '9 to l0 lO lO W to to W �O W W W (.D W W lD '.D lO
�- wHzUaz wa
U
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
O
H
lfl
N
H
co
m
N
H
O 44 FC Z
N 9 O O
U)
am
U I N H
�U a Q U
aU
w C4
a U H U
o H O U U O \ z
>i 4 J
I O >+ U
U` w U Fc Z
U H U Z Z N U C4 v)
a w a 04 U
M H Z Z
Z M Z w O H
a H H a z O H
N COW Z
p FCH
H 2 H O U
W HF-I O H H> a
N u)H
X Z 0
HZ Z
ZNWU) H U Fc7rc
Q z
a02C,
a -10 H W O
Hu)W W z Uau1 >9
U) O Z W
FCE-iH0W
0.l ZHH J H
3 xH < U)U }. . W 0 -I
UU) Z U.
HzU)UEl
H>1HWF4 H
g a a W F-IZ<
zU)U <El H
W O W U)
a FC H H 9 H FC
U) FC m W FC W Q z W O H
H W H W rC U) U U
�U H
HSUUW U H
z W'�N < HHN0H UH
aaUa >H as
Z HFa
U)x Ox wHH
OZ <� H <maFC < N a
�- wHzUaz wa
awHOa
HU) co UH(iz
U)HHO mzraama D4 >-4
ZaUH WFe >i x
0 U
H 44Z0 134 1�
3HUUWZU)HU- a0a�l
FCH aU)x0WC7
u<w0U
Uz<0Hawmu
b a Za0 .: aFCUaN
Nz1-1 wzUa z
H
Hai-IL
Q 0 NQ
Z U) Q QH Z W 404 W
WHS01%w0
2M
Z
Uli -IHW I
UraU)UGHH WHU)R
a \zzax\ZzQH
Oz WwUWZz�
WH
a
Q
H0WHZZ90
WNU)OWH
HHwHU xHH14u.49wU)
00000) 2 W H W
H
O
O
Z^✓ WHHZaa
W WOZUHzH-IWMWFCFCO3xH
W2(P £H
NzU I a 3a
U) IT
Q
U
Q,' ZU)H
0<W Z0N4HU)HU)aZHNzaNaHW
a U, M0HNHHH05W
W a RI
Hz °w
CO
w
<
HOFC ��M
UU WW QwzaF
XHFq WFai W Wx0HNWxa�I X
W H H H < H 0 ZQ0
N
'J
x Fl
2z0000
04 04 04 NjlWM nu)MW W PHHQD
> > >>>R::3XNLn
a H
c�
Z
H
H
H
Ur
x
z H
U
< 0
W
ZN
x
H \
U
Ga M
N
x
x
U) \
z
z
4o
W
O
H
lfl
N
H
co
m
N
U) Lo
H
x
H
W
x
w
H d
cq a
a O
O
U w
O
w P
O I
a
o
F a�
H Ln
Ua
z
H
Ei
H
a
S4 H
0 U
+1 z
i0
x
k r
U H
N O
,C N
U \
r
N
N
O
m
wH
F ..
U)
>1 o
N
a .H
H
U r-
0
zN
Hr-� \
W
N
U N
� O
F
z
'J
O
w
H
n
Q
x
U
W
x
U
.Yi
U
W
x
U
x
0
Q
z
w
x
z
0.1
ko
O
H
N
rl
OJ
0)
a
El
El
O
H
F
Px
O
a
w
x
N
61
r
O
O
0
O
W
H
z
H
a
a
U)
n
a
O
U
w
a
N
N
u� W
H U
x Fc
(D a
H a
w9
x
w
H
W a'
acc)
00
U
w Un 1Z
O O O
�o 'T
O Ln
H a a
H(DU
U
Ul
I
U)
[ �
lD O O m cc N r H M O Ln H O W
w
p
l0 lD
2
Ln N O H N O Ln M Ln H O Ll r N r lD Ln N tt? 61 O co L0 lD m N r-
O
,z
O O
W
I
w h z rx
>1
Ln Ln O lD OJ O W Lo 01 D) OD Lo [- N lD N r H H l0 O [- m N v N O
H
S4 W
M W [- Ln d' N lD M M d• H [- W M (- N M H O N M H M M H M M
1-0
0
O H M 11 00 N d• H r- OJ h r1 N H 01 Ln Ln d' H M Ln N
N
(n
N N
(1)
Z
U)
M l0 In dl 61 M H�T H N dl H N lfl OJ Ln M
H
'J-
H H
•rl p7
r l0 H H M M L() M O N w H H
OD
W
� ro
x M
H H H N
0)
U)
m 0)
H
H
z W a"EiafZafZ ❑x < I
,k Q
I
Q
U
I
O x U x H H H W F4 W W W P'. w
N
1
HEi z rxw(nEiaC >rx U(n E�
U
I
H of zFCa E1HzU W E+ z2 2 U)U
Cl)
N
I
x
1
I
a H
1
I
w h z rx
I
I
W OW fZW
I
I
�--2 fZ z W x
I
I
rC',DO as qq (DES
1
I
M E- Hz 0 z z0
I
z W a"EiafZafZ ❑x < I
I
I
O x U x H H H W F4 W W W P'. w
I
1
HEi z rxw(nEiaC >rx U(n E�
I
H of zFCa E1HzU W E+ z2 2 U)U
I
1
UOOz0 zhFc] I QH H 00 L� WH
I
1
WzHWU)z W fZfZ I a a HH 2 El 0t
I
H
1
a EiP 0 UrCE+HHP H HEi wU) O
I
z
M
I
Un FCzFCH \W\w2z I Ei UUWP3H -- f4
I
Q
wH
1
2a4Z (n p 0f >zI> w >1 > z n n 0 Z M >iO4
I
0
H••
I
H a EH < a H O; P 0 a 2 0 P P fZ Z< H U
I
U
0)3'
2 I
HUi ",H> MUaWQHHQU; E1PfZ<zzQ
I
U
>,0
0 1
a> H J W zxw X >aaa2w WMF � X0 W W
I
Ui ••
H I
zQ a X Za'QH 014 HH"J3 z z 0 H Ei
N
Ei I
U3HH3w < U H fZ PP44W 00 0PF:4
aH
a 1
4 2W2<WE+r ••a Fc IaaaDD (n UUazFC a1
2
1
2 z
F(;
H I
< H H❑ H fZ d' OJ 4 2 < w z < H
H
••
04 I
fZ2 >FCW> WFCPE+fZWPHP ZOzMX0OZOZ ZnPZ Z
GP
••
1
Ur
a
U I
Wzx Ei�4 q P1 W E 11 HWWaaaw W Ea0UE
a
w I
U
2FCfZ<FF4 ZWP ] (n <aaaH3r�0CYH3:ZHwU7z
a
<
x I
W a
FI; O
U
W I
W a < Q P< 9 H H D H P<<< < W W Ei H< W W 5 2 H 0
a
U
< I
x a
a
Q I
0a4NW naU4Px[:P nUUU2:M ZWF4$gMUMHf4U
r�
W�
z I
U 9
H\
W M
a
N
❑
Q I
U) \
27
'z', I
H H M d• N M Lo O H N a N Lo O O H N M d' 01 H N H Lo O Lo M
Q
z
2 1
2 P
U N
D
n 1
0 o 0 0 H H N d' (- f m O H N Ln O O O O O Ln Lo O O N f` N
O
<0
GP
44 1
H NN N N N N NM M M d' d'ITIT 1010101D 1D l0 lD h h h N x
H
0.1
m I
Q O
Cl)
N
CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARING
ITEM NO.
8A
MEETING DATE
FEBRUARY 27, 2017
CITY OF COLUMBIA HEIGHTS — CITY COUNCIL
ITEM:
Second Reading of Ordinance No. 1638, Brewery Ordinance
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /DATE: Keith M Dahl, February 17, 2017
BY /DATE:
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.
On January 23, 2017, City Council tabled the consideration of Ordinance No. 1638 for further discussion
because of several questions and concerns about a few sections of the proposed ordinance.
At a work session on February 6, 2017, City Council discussed on- and off- sale of malt liquor for brewers on
Sundays, removing the 300' liquor licensure restriction for breweries to be located within 300 feet of a school
or a religious institution, as well as whether or not to remove two development design standards related to a
right -of -way landscaping buffers and audible amplified sound.
On February 13, 2017, City Council unanimously approved the first reading of Ordinance No. 1638 after
revisions were made to reflect the discussion held at the work session.
Attached for consideration is Ordinance No. 1638 and an ordinance summary for publication in the legal
newspaper of the City. 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.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance No. 1638 and the ordinance summary as presented.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Ordinance No. 1638, there being ample copies available to the public.
Motion: Move to approve Ordinance No. 1638, being an ordinance relating to malt liquor.
Motion: Move to approve Summary Ordinance 1638 as presented for publication in the legal newspaper of
Columbia Heights.
ATTACHMENTS:
1. Ordinance 1638 (10 Pages)
2. Ordinance Summary (1 Page)
City of Columbia Heights - CC Letter 24
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.
§ 6S03 5.504 ON -SALE CLUB LIQUOR.
§ 5, 504 5.505 INTOXICATING LIQUOR.
§ x,505 5.506 ON -SALE WINE LICENSES.
§ 5 50 5.507 LIMITED INTOXICATING LIQUOR LICENSES.
§ 6=507 5.508 SUNDAY ON -SALE LIQUOR LICENSES.
§ 6,508 5.509 SUNDAY CLUB LICENSES.
§ 6,509 5.510 ON -SALE TEMPORARY LIQUOR LICENSES.
§ 610 5.511 POLICY FOR ALCOHOL LICENSE VIOLATIONS.
§ 6 513 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 25
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) A brewer may only hold one (1) On -Sale Brewer Taproom license; and
(2) 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) A brewer may only hold one (1) Off -Malt Liquor license; and
(2) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal
Liquor Stores, and between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays; 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) Every 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 City
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.
26
City of Columbia Heights — Ordinance 1638
(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;
Page 3
(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 reiect
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 vears of a
(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.
27
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.
(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 by law.
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 may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday.
4) No licensee who is not also licensed to sell intoxicating liauor shall sell or aermit 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 liauor is being permitted to be consumed or disolaved 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 any
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 resaonsible for the conduct of his glace of business and shall maintain
conditions of sobriety and order. The act of any employee 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.
(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.
28
City of Columbia Heights —Ordinance 1638
Page 5
(10) No licensee shall permit in any licensed establishment, or any adioining 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 specifically
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 ioint 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 injury to two or more persons in any one occurrence, $10,000
because of injury to or destruction of property of others in any one occurrence, $50,000 for loss
of means of support of any one person in any one occurrence, and $100,000 for loss of means
of support of two or more persons in anv one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in subdivision (a); or
29
City of Columbia Heights — Ordinance 1638
Page 6
(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 authority of intent to cancel the policy.
( ) 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.
(W) Any On -Sale or Off Sale license holder is subject to provisions of § 5.511 regarding penalties for
license violations.
30
City of Columbia Heights —Ordinance 1638
§ err 5.512 PENALTY.
Page 7
FOR BEST PRACTICES LICENSE HOLDERS:
Type of License
1st
2nd Violation
3rd Violation
4th
Violation
Violation
On /Off Sale Malt
$500 and 3 day
$1,000 and 5 day
Liquor
$250
suspension
suspension
Revocation
FOR OTHER LICENSE HOLDERS:
Type of License
1st
2nd Violation
3rd Violation
4th
Violation
Violation
On /Off Sale Malt
$750 and 5 day
$1,000 and 10 da y
Liquor
$500
suspensio n
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) All malt liquor production shall be within a completely enclosed structure.
(b) Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent
properties and from public streets.
(c) 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.
ll 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
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.
(e) 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.
ME
City of Columbia Heights — Ordinance 1638 Page 8
By- products and waste from the production of malt liquor shall be properly disposed of off the
property.
1f� 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.
§ 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 exceeding 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.
(F) CBD, Central Business District.
(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:
32
City of Columbia Heights — Ordinance 1638
(gg) Brewer Taproom, not exceediniz 3,500 barrels of malt liquor a year.
(hh) Brew Pub.
§ 9.111 INDUSTRIAL DISTRICTS.
(D) 14, Light Industrial District.
Page 9
(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 Taproom.
33
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:
February 13, 2017
Williams
Buesgens
All Ayes
Donna Schmitt, Mayor
Attest
Katie Bruno, City Clerk /Council Secretary
34
Page 10
ORDINANCE SUMMARY
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.
The City Council of the City of Columbia Heights has adopted Ordinance No. 1638. The purpose and
intent of this ordinance is to provide adequate licensure, land use regulations, and specific
development standards for the operation of Brewer Taprooms and Brew Pubs within the City of
Columbia Heights.
This is a summary of Ordinance 1638. The full text of Ordinance No. 1638 is available for public
inspection at the office of the Community Development Department in City Hall during regular
business hours, or by standard or electronic mail.
Ordinance No. 1638 was adopted by the City Council of the City of Columbia Heights, Minnesota this
27th day of February 2017.
Donna Schmitt, Mayor
Attest
Katie Bruno, City Clerk /Council Secretary
35
0 CH COLUMBIA
HEIGHTS
AGENDA SECTION
Other Ord & Resolutions
ITEM NO.
9A1
MEETING DATE
FEBRUARY 27, 2017
CITY OF COLUMBIA HEIGHTS — CITY COUNCIL
ITEM:
Adoption of 2017 Brewery License Fee Schedule
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /DATE: Keith M Dahl, February 21, 2017
BY /DATE:
BACKGROUND:
On February 13, 2017, City Council approved the first reading of Ordinance No. 1638, being an ordinance
relating to licensure and regulations of breweries within Columbia Heights. The second reading of Ordinance
No. 1638 was set by City Council for February 27, 2017 at approximately 7:00 PM in City Council Chambers.
Subject to approval of Ordinance No. 1638, City Council needs to adopt a license fee schedule for the three
kinds of brewery licenses: (1) On -Sale Brewer Taproom; (2) On -Sale Brew Pub; and (3) Off -Sale Malt Liquor.
The proposed brewery fee schedule would be added to the Commercial Licensing Fee Schedule adopted by
Resolution 2007 -134. The proposed brewery license fee schedule is as followed:
Fee Schedule for either (1) On -Sale Brewer Taproom or (2) On -Sale Brew Pub License Fee
Brewers who manufacture fewer than 2,000 barrels of malt liquor in a year $ 150
Brewers who manufacture 2,000 to 3,500 barrels of malt liquor in a year $ 500
Brewers who manufacture more than 3,500 barrels of malt liquor in a year $ 4,000
Investigation Fee "Note: Applied if first time applicant $ 250
Fee Schedule for (3) Off -Sale Malt Liquor License Fee
Off -Sale Malt Liquor License $ 200
The license fees for the aforementioned fee schedule were based upon Minn. State Statute 340A.301, Subd. 6.
These fees have been previously determined by the State to defray the costs incurred by the agencies
responsible for reviewing, investigating and administrating brewery licensure.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 2017 -18 as presented.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Resolution No. 2017 -18, there being ample copies available to the
public.
Motion: Move to approve Resolution No. 2017 -18, a resolution adopting 2017 brewery license fee schedule.
ATTACHMENTS:
1. Resolution No. 2017 -18 (1 Page)
City of Columbia Heights - CC Letter 36
RESOLUTION NO. 2017 -18
A RESOLUTION ADOPTING 2017 BREWERY LICENSE FEE SCHEDULE
WHEREAS, on February 27, 2017, the City Council (the "Council ") of Columbia Heights, Minnesota (the "City ")
approved Ordinance No. 1638, being an ordinance that provides adequate licensure and regulations for the
operations of breweries within the City; and
WHEREAS, Ordinance No. 1638 created three kinds of malt liquor licenses: 1) On -Sale Brewer Taproom; (2)
On -Sale Brew Pub; and (3) Off -Sale Malt Liquor; and
WHEREAS, the City may prescribe annual license fees sufficient to defray the costs incurred by it in reviewing,
investigating, and administrating applications for malt liquor licensure.
NOW, THEREFORE BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of
the City, Council hereby adopts the 2017 brewery license fee schedule, listed as followed herein:
Fee Schedule for either (1) On -Sale Brewer Taproom or (2) On -Sale Brew Pub License Fee
Brewers who manufacture fewer than 2,000 barrels of malt liquor in a year $ 150
Brewers who manufacture 2,000 to 3,500 barrels of malt liquor in a year $ 500
Brewers who manufacture more than 3,500 barrels of malt liquor in a year $ 4,000
Investigation Fee "Note: Only applied if first time applicant $ 250
Fee Schedule for (3) Off -Sale Malt Liquor License Fee
Off -Sale Malt Liquor License $ 200
ORDER OF COUNCIL
Passed this day of , 2017
Offered by:
Seconded by:
Roll Call:
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
Resolution 2017 -18 37