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HomeMy WebLinkAbout06-12-2017OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 12, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday June 12, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 7:03 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr., Councilmember Buesgens and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Joe Kloiber; Finance Director, Kevin Hansen; Public Works Director, Lenny Austin; Police Captain, Joe Hogeboom; Community Development Director, Elizabeth Holmbeck; City Planner and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Dan Thompson, Heights Church Pastor Thompson announced 19,000 volunteers participated in the Feed my Starving Children Love Somalia Event. 4,900,000 meals were packed. 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.) Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to approve the agenda as presented. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation of Humanitarian of the Year Award to Amada Marquez Simula Mayor Schmitt presented Amada Marquez Simula with the 2017 Humanitarian of the Year Award. Amada gratefully accepted the award, and expressed appreciation to the council and the community. B. Library Update Library Director Renee Dougherty and Library Board member Catherine Vesley reported on the increased use of the Columbia Heights Library. 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.) City Council Minutes June 12, 2017 Page 2 of 16 Mayor Schmitt requested item M be removed for discussion. A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 22, 2017 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the EDA meeting minutes from March 6, 2017 MOTION: Move to accept the EDA meeting minutes from May 1, 2017 MOTION: Move to accept the Park & Recreation Commission meeting minutes from March 22, 2017 MOTION: Move to accept the P & Z meeting minutes from May 2, 2017 MOTION: Move to accept the Library Board meeting minutes from May 3, 2017 MOTION: Move to accept the EDA meeting minutes from May 22, 2017 C. Approve Resolution 2017 -54 Approving State of MN Joint Powers Agreement MOTION: Motion to waive the reading of Resolution No. 2017 -54, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department there being ample copies available for the public. MOTION: Move to approve Resolution No. 2017 -54, being a Resolution approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department. D. Approve Resolution 2017 -62 re budget amendment (transfer of funds) MOTION: Motion to waive the reading of Resolution No. 2017 -62, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available for the public. MOTION: Motion to adopt Resolution 2017 -62 being a Resolution amending the 2017 budget to use certain additional revenue. E. SECOND READING of Ordinance No. 1640 — Proposed Bar Close at 2:00 a.m. MOTION: Move to waive the reading of Ordinance No. 2017 -1640, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 2017 -1640, being an ordinance related to allowing liquor sales to occur until 2:00 am. F. Resolution 2017 -55 - Adoption of 2:00 am Bar Close Application Fee MOTION: Move to waive the reading of Resolution No. 2017 -55, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -55, being a resolution adopting a licensing fee related to allowing liquor sales to occur until 2:00 am. G. SECOND READING of Ordinance No. 1641- Adult Day Care Facilities Outdoor Space Requirements MOTION: Move to waive the reading of Ordinance No. 2017 -1641, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 2017 -1641, amending Section 9.107(C)(16)(d) regarding adult day care facility outdoor space requirements. H. City Logo and Tagline Usage Guidelines MOTION: Move to approve the City Logo and Tagline Usage Guidelines as presented. City Council Minutes June 12, 2017 Page 3 of 16 I. Public Art Standards and Guidelines MOTION: Move to approve the Public Art Standards and Guidelines as presented. J. Adopt Resolution 2017 -60 Approving a Cooperative Construction Agreement with MNDOT MOTION: Move to waive the reading of Resolution 2017 -60, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -60 being a Resolution approving the Cooperative Construction Agreement No. 1027707 with MnDOT for TH 65 (Central Avenue) from 47th Avenue to 51St Avenue. K. Adopt Resolution 2017 -61 approving a Master Partnership Contract with MNDOT MOTION: Move to waive the reading of Resolution 2017 -61, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -61 being a Resolution approving the Master Partnership Contract with MnDOT. L. Final Payment for 2016 Street Rehabilitation Zone 2 and State Aid Street Overlay, City Projects 1602 and 1605 MOTION: Move to accept the work for 2016 Street Rehabilitation Zone 2 and 2016 State Aid Street Overlay, City Project Numbers 1602 And 1605 and authorize final payment of $17,021.74 to Midwest Asphalt Corporation of Hopkins, Minnesota. M. Joint Powers Agreement with Anoka County for the 40th Avenue Storm Sewer and Street Rehabilitation Project *Removed for discussion N. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 12, 2017. O. 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 165913 through 166178 in the amount of $756,213.04 Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr. to approve the Consent Agenda items A, B, C, D, E, F, G,H, 1, J, K, L, N, and O. All Ayes, Motion Carried. The following item was removed for discussion: M. Joint Powers Agreement with Anoka County for the 40th Avenue Storm Sewer and Street Rehabilitation Project Mayor Schmitt questioned the removal of the crosswalk signal button at the NE corner. Director Hansen stated he will contact MnDOT. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to approve a Joint Powers Agreement with Anoka County for Construction Cost Share including Administrative Services for Storm Sewer and Street Rehabilitation on 40th Avenue from Central Avenue to Reservoir Boulevard, City of Columbia Heights Project 1706. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Repeat Service call Service Fee Appeal, 940 -39th Ave NE City Council Minutes June 12, 2017 Page 4 of 16 Police Captain Lenny Austin reported that the property owner has provided an action plan, and he would like time to review it and work with the owner. Austin suggested tabling the item until the August 14, 2017 meeting. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to table the item until August 14, 2017. 4 Ayes, 1 Nay, Motion Carried. Ayes: Buesgens, Novitsky, Schmitt and Murzyn, Jr. Nay: Williams. B. Resolution No. 2017 -52, a Conditional Use Permit for outdoor storage on the property located at 725 39th Ave. NE. City Planner Elizabeth Holmbeck reported Mark Jedele on behalf of Total Export, Inc. is requesting a Conditional Use Permit to allow for outdoor storage on the property located at 725 39th Ave. NE. They are proposing to store lumber, pallets, and occasionally some equipment outdoors. The applicant has proposed to add screening to the existing fence along the adjacent residential properties and has plans to make some improvements to the exterior of the building. The Planning and Zoning Commission unanimously recommended approval. Motion by Councilmember Williams, seconded by Councilmember Buesgens to waive the reading of Resolution No. 2017 -52, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to approve Resolution No. 2017- 52, being a resolution approving a Conditional Use Permit subject to certain conditions of approval. All Ayes, Motion Carried. C. An appeal to the City Council, and request for a Conditional Use Permit with a waiver to a Specific Development Standard for two K -12 Schools to operate on the property located at 3989 Central Avenue NE. City Planner Elizabeth Holmbeck reported Nancy Aleksuk on behalf of 500, LLC has submitted an Appeal to the City Council, and a request for a Conditional Use Permit with a waiver to a Specific Development Standard in the Zoning Ordinance. The applicant is proposing to renovate the building to allow for two schools to operate on the property, along with the Columbia Heights Adult Education Facility and a retail tenant. The applicant is proposing to have a K- 6th grade School and a 7 -12th grade School occupy the majority of the building. The proposal requires a Conditional Use Permit. The applicant submitted a request for a waiver to a Specific Development Standard of the Zoning Ordinance which requires that: the parcel upon which the K -12 School is located shall have a lot area no less than four times the size of the building footprint. The applicant argues that this requirement is unnecessary to the schools operation and that the proposed outdoor playground area will meet the needs of the two schools. The Planning and Zoning Commission held a public hearing on the request for a Conditional Use Permit with a waiver to the Zoning Ordinance. At the meeting there was a lengthy discussion between the Planning and Zoning Commission and the applicant regarding how the school would operate on the site. The Planning and Zoning Commission unanimously denied the request for a waiver to a Specific Development Standard, and that the Conditional Use Permit be denied based on the denial of the waiver request. The applicant has submitted an Appeal to the City Council to grant the waiver as requested. Staff recommends that approximately half of the building be reserved for commercial use, and that the first floor be retained for commercial use to ensure compatibility with the character of the surrounding area. Staff believes that while the applicant does not meet this requirement, they have proposed a unique, alternative plan for an outdoor recreation area and adequate parking should be provided in the adjacent parking ramp. However, there are concerns over how pedestrian and vehicular traffic will function on the site. By staff's literal interpretation of the City's Zoning Ordinance, the application does not meet applicable zoning regulations (a Specific Development Standard for K -12 Schools). However, it appears that the Findings of Fact for a Conditional Use Permit are met. Staff recommends that if the City Council approves the Conditional Use Permit with the City Council Minutes June 12, 2017 Page 5 of 16 requested Waiver, that the City Council direct staff to bring an Ordinance removing this requirement from the Zoning Ordinance as not to set precedence. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution No 2017 -53, there being ample copies available to the public. All Ayes, Motion Carried. Michael Margolies, a consultant representing the applicant requested the allocation of the property be reconsidered to allow up to 66% of the building for school use. Councilmember Buesgens expressed concern with the lack of appropriate outdoor space. Joan Arbisi Little; Director of Career Pathways explained they plan various offsite options for students including; parks, local libraries and community involvement. Students will also be able to participate in MSHL sport teams. Ms. Arbisi Little reported the traffic management plan is very important to the school. City Attorney Jim Hoeft indicated the council will first address the waiver, if the waiver is not approved, the conditional use and site plan are no longer applicable. If the waiver is approved, it was recommended to list specific reasons for granting the waiver. Mayor Schmitt questioned the reason the Planning & Zoning Commission denied the request. City Planner Holmbeck reported the primary concerns were traffic, and pedestrian safety. Additional concerns include the fact that the school would be occupying a large portion of the building. Councilmember Buesgens indicated she would prefer to deny the waiver and have staff review the city code. Hoeft stated he would prefer staff review the code, and request consideration of an ordinance to amend the code if desired. Councilmember Buesgens stated she has serious concerns about the request, including the location of a school at one of the busiest intersections in the city. Dean Dovolis; DJR Architecture, displayed a site plan of the proposed project. Dovolis showed the proposed plan for outdoor spaces as well as the planned layout of the interior of the building. Chris Whitehouse; DJR Architecture reported on the traffic engineer plan, indicating there is ample room for buses, and traffic will not be queuing on 40th, Gould or Central Ave. Mayor Schmitt asked if there was any Public Comment: Dolores Strand asked what the names of the two schools are. Ms. Arbisi Little stated they are Skyline and Career Pathways. Mike Novitsky stated he is a facility manager at a charter school in St. Paul. He reported parents do not always follow traffic rules. He also expressed concern with the proposed playground area. Councilmember Novitsky asked if additional lighting is proposed. Mr. Dovolis said there is lighting planned, in addition to the cement walls being removed. Nancy Aleksuk stated that the state of Minnesota has approved the site. City Council Minutes June 12, 2017 Page 6 of 16 Mayor Schmitt questioned if the parking ramp is public. Director Hogeboom stated it is public; the city has an agreement indicating the owner of the building is responsible for the maintenance. Hogeboom indicated there are numerous issues with the ramp, likely related to underuse. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to decline the waiver to operate two k -12 schools to operate at 3989 Central Ave NE, and request staff examine the space requirements for elementary schools in the Central Business District to see if they need to be changes or remain the same. Dean Dovolis indicated that if staff makes a determination in the next month or two, that will likely be too long, and will not allow ample time to get the school opened for the 2017 -2018 school year. Director Hogeboom described this building as challenging in attracting tenants, and mixed use is an appropriate use. The primary concern of staff is the amount of space devoted to the school, and the most important piece to preserve as retail would be the first floor facing Central Ave. Hogeboom reported Staff's recommendation would be to approve the item, and direct staff to continue with the study for future requests. Councilmember Buesgens asked the applicant if the conditional use permit allowed for 50 %. would all of the grades fit. Ms. Aleksuk stated they could make it work with 50 %. Mayor Schmitt stated she feels mixed use is appropriate for this space, noting there are charter schools located downtown and schools are not always traditional. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to decline the waiver to operate two k -12 schools to operate at 3989 Central Ave NE, and request staff examine the space requirements far elementary schools in the Central Business District to see if they need to be changes or remain the same. 2 Ayes, 3 Nays, Motion failed. Ayes: Buesgens and Novitsky. Nays: Schmitt, Williams and Murzyn, Jr. City Attorney Jim Hoeft suggested amending condition #1 to be more specific. Buesgens reported she could support 50 %. Novitsky agreed. Hoeft also suggested adding condition #14; Construction of gymnasium be constructed in a way to allow other users to use the space. Motion by Mayor Schmitt, seconded by Councilmember Williams to approve Resolution No. 2017 -53, as amended, being a resolution approving a Conditional Use Permit with a waiver to a Specific Development Standard, and subject to certain conditions of approval. 2 Ayes, 3 Nays, Motion failed. Ayes: Schmitt and Williams. Nays: Buesgens, Novitsky and Murzyn, Jr. Director Hogeboom stated he will look at trends in other cities and report back to the council. D. Resolution No. 2017- 57, a Site Plan Review for the property located at 3989 Central Ave. NE. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution No. 2017 -57 there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to deny Resolution No. 2017 -57. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Consideration of Resolution 2017 -58 awarding the sale of 2017A Bonds, and Resolution 2017 -59 awarding the sale of 2017E Bonds City Council Minutes June 12, 2017 Page 7 of 16 Finance Director Joe Kloiber indicated rates were more favorable than estimated. The projected savings is $2,600,000 over the 20 years remaining of the debt. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2017 -58, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Mayor Schmitt, seconded by Councilmember Williams to adopt Resolution 2017 -58, being a resolution awarding the sale of general obligation refunding bonds, series 2017A, in the original aggregate principal amount of $3,265,000, fixing their form and specifications, directing their execution and delivery; and providing for their payment. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution 2017 -59, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to adopt Resolution 2017 -59, being a resolution 2017 -59, awarding the sale of general obligation refunding bonds, series 2017B, in the original aggregate principal amount of $8,505,000; fixing their form and specifications, directing their execution and delivery, providing for their payment, providing for the escrowing and investment of the proceeds thereof; and providing for the redemption of bonds refunded thereby. All Ayes, Motion Carried. 2. Resolution authorizing a tax levy increase by the City for economic development purposes. Community Development Director Joe Hogeboom reported the Columbia Heights EDA approved Resolution No. 2017 -14, requesting a tax levy increase by the City of Columbia Heights (for economic development purposes. Under State Statute Section 469.107, the City Council is authorized to levy a tax for the benefit of the EDA for economic development activities, in an amount no to exceed 0.01813 percent of the City's estimated market land value. Thus, the EDA is requesting that the City Council increase its EDA levy to $220,100 for taxes payable in 2018, which would be a tax levy increase of $136,100 from the taxes payable in 2017. State Statute requires a 30 -day reverse referendum period after City Council holds a public hearing, following two successive publications of the attached resolution 2017 -56 and the notice of public hearing. Mayor Schmitt questioned the process for renewing the contract with Anoka County. Hogeboom explained there are a few ways the city receives money to fund economic development activities. One way is the EDA levy, being considered tonight. Another mechanism is a levy administered by Anoka County Housing and Redevelopment Authority. This is separate from the EDA levy and done in a 5 year cycle. The City Council and the EDA will decide whether to renew that contract later in the summer. Mayor Schmitt indicated she is not in favor of renewing the contract with Anoka County. Finance Director Kloiber stated any action taken at this point will be subject to the truth in taxation meeting this fall. Motion by Councilmember Williams, seconded by Councilmember Buesgens to waive the reading of Resolution No. 2017 -56, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Novitsky to approve Resolution No. 2017 -56, a resolution authorizing a tax levy increase by the City for economic development purposes. 4 Ayes, 1 Nay, Motion Carried. Ayes: Williams, Novitsky, Murzyn, Jr., and Buesgens. Nay: Schmitt. B. Bid Considerations City Council Minutes June 12, 2017 Page 8 of 16 C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Council Councilmember Novitsky attended the Love Somali Feed my Starving Children event and goal setting sessions. Novitsky announced he will be attending the League of Minnesota Cities Conference. Councilmember Williams reported the library has almost doubled its use in the past year. Williams announced the Sister Cities has received The Most Outstanding Sister City in the U.S for cities under 25,000 award. Williams suggested the Council continue to work with the Charter School on their application. City Manager Fehst commented that the council did a nice job expressing their opinions on the item. Councilmember Buesgens planted flowers with the beautification committee, attended the Park & Recreation meeting, the Memorial Day service, the Goal Setting sessions, Max Richter's farewell party, the HeightsNext perennial exchange, the Planning & Zoning meeting and the Community picnic. Mayor Schmitt reported the Community Picnic was a success. The Mayor attended the Memorial Day service, Max Richter farewell, and the last day of school celebration at Dairy Queen. Report of the City Manager The City Manager reported the Jamboree will begin the week of June 21St. There is an All America City reunion event planned for June 21St at Murzyn Hall. 11. CITIZENS FORUM Mike Novitsky requested council consider budgeting funds to allow for training opportunities for commissioners. 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to adjourn. All Ayes, Motion Carried. Meeting adjourned at 9:43 p.m. _ , Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution No 2017 -52 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for outdoor storage on the property located at 725 39th Ave. NE. Whereas, a proposal (Case # 2017 -0601) has been submitted by Mark Jedele on behalf of Total Export, Inc. to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 725 39th Ave. NE City Council Minutes June 12, 2017 Page 9 of 16 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to allow for outdoor storage on the property located at 725 39th Ave. NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June 6th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit 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, be it resolved, 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 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. City Council Minutes June 12, 2017 Page 10 of 16 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right- of -way. Required screening shall consist of a fence, wall, earth berming and /or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office. 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. Vehicles that are visible from the street or adjacent residential properties must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 17. 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 feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. City Council Minutes June 12, 2017 Page 11 of 16 The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. Resolution No 2017 -54 A resolution of the City Council for the City of Columbia Heights, Minnesota,Approving State of Minnesota Joint Powers Agreements with the City of Columbia Heights on behalf of its City Attorney and Police Department Whereas, the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, Scott Nadeau, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the Police Captain is appointed as the Authorized Representative's designee. 3. That the City Attorney James Hoeft, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Attorney's legal assistant is appointed as the Authorized Representative's designee. 4. That Donna Schmitt, the Mayor for the City of Columbia Heights, and Katie Bruno, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. RESOLUTION NO 2017 -55 WHEREAS, on June 12, 2017, the City Council (the "Council ") of Columbia Heights, Minnesota (the "City ") approved Ordinance No. 1640, being an ordinance that allows liquor to be served until 2:00 am; and WHEREAS, the City may prescribe annual license fees sufficient to defray the costs incurred by it in reviewing, investigating, and administrating applications for this action. NOW, THEREFORE BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City, Council hereby amends the 2017 License Fee schedule to include a $300 municipal application fee associated with businesses wishing to serve alcoholic beverages between the hours of 1:00 am and 2:00 am. City Council Minutes June 12, 2017 Page 12 of 16 RESOLUTION NO 2017 -56 RESOLUTION AUTHORIZING A TAX LEVY INCREASE BY THE CITY FOR ECONOMIC DEVELOPMENT PURPOSES. BE IT RESOLVED, By the City Council ( "Council ") of the City of Columbia Heights (the "City ") as follows: WHEREAS, the City established the Columbia Heights Economic Development Authority (the "Authority ") by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the Council has given to the Authority the responsibility for all economic development and redevelopment projects and programs; and WHEREAS, under Section 469.107 of the EDA Act, the City is authorized to levy a tax for the benefit of the Authority, in an amount not to exceed 0.01813 percent of the City's estimated market value (the "EDA Levy "); and WHEREAS, the City currently levies an EDA Levy of 0.01813 percent of the City's estimated market value, or $84,000, as authorized by the EDA Act; and WHEREAS, the City is authorized to increase its EDA Levy beyond the statutory cap as provided in Section 469.107, subd. 2 of the EDA Act, upon the request of the Authority; and WHEREAS, the Authority has requested that the City increase its EDA Levy to $220,100 for taxes payable in 2018, in order to better serve the Authority's economic development activities within the City, representing an increase of $136,100. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, as follows: 1. The request by the Authority for an increase in the City's EDA Levy in the amount of $136,100 for taxes payable in 2018, for a total EDA Levy of $220,100, is hereby approved, subject to publication of this Resolution along with a notice of public hearing on this Resolution in substantially the form attached as Exhibit A (the "Notice ") for two successive weeks in the official newspaper of the City, and the holding of a public hearing on the proposed increase between two and four weeks after first publication of this Resolution and the Notice. 2. This resolution will not take effect if a petition requesting a referendum on this Resolution, signed by voters equaling five percent of the votes cast in the City in the last general election, is filed with the City Clerk within 30 days of publication of this Resolution. 3. City staff is authorized and directed to publish this Resolution, along with the Notice, in the official newspaper of the City as soon as practicable. RESOLUTION NO 2017 -58 City of Columbia Heights, Minnesota General Obligation Refunding Bonds Series 2017A (Current Refunding of FDA's Public Facility Lease Revenue Bonds) 1. 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 6. 7. AWARD RESOLUTION INFORMATION Kennedy & Graven will complete the resolution with the following information, forward the Issuer a copy for Issuer records, and do the necessary filing of the Resolution with the County Motion made by: Schmitt Motion seconded by: Williams Councilmembers present: Schmitt, Williams, Murzyn, Jr., Buesgens, and Novitsky Councilmembers absent: None Resolution Number: 2017 -58 Councilmembers voting for: Schmitt, Williams, Murzyn, Jr., Buesgens, and Novitsky Councilmembers voting against: None RESOLUTION NO 2017 -59 City of Columbia Heights, Minnesota General Obligation Refunding Bonds Series 2017B (Partial Advance Refunding of City's Public Safety Center Bonds) AWARD RESOLUTION INFORMATION Kennedy & Graven will complete the resolution with the following information, forward the Issuer a copy for Issuer records, and do the necessary filing of the Resolution with the County Motion made by: Schmitt Motion seconded by: Buesgens Councilmembers present: Sclmlitt, Williams, Murzyn, Jr., Buesgens, and Novitsky Councilmembers absent: None Resolution Number: 2017 -59 Councilmembers voting for: Schmitt, Williams, Murzyn, Jr., Buesgens, and Novitsky Councilmembers voting against: None City Council Minutes June 12, 2017 Page 13 of 16 City Council Minutes June 12, 2017 Page 14 of 16 ESOLUTION NO 2017 -60 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City of Columbia Heights enter into a Cooperative Construction Agreement with the Minnesota Department of Transportation (MnDOT). 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 WHEREAS, the City of Columbia Heights enter into MnDOT Agreement No. 1027707 for the following purposes: To provide for maintenance by the City of Columbia Heights of the sidewalk and lighting roadway improvements construction and other associated construction to be performed upon, along, and adjacent to TH 65 (Central Avenue) from 47th Avenue NE to 51st Avenue NE, within the corporate city limits under City Project No. 1608 and State Project Nos. 113 - 010 -022 and 0207 -116. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights enter into a Cooperative Construction Agreement with MnDOT, a copy of which was before the City Council. 2. That the Mayor and City Manager are hereby authorized to execute such Agreement and any amendments to the Agreement. RESOLUTION NO 2017 -61 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate delivery of transportation services and maximize the efficient delivery of such services at all levels of government. 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 WHEREAS, MnDOT and local governments are authorized by Minnesota Statues sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1.That the City of Columbia Heights enter into a Master Partnership Contract with the MinnesotaDepartment of Transportation, a copy of which was before the City Council. 23hat the Mayor and City Manager are hereby authorized to execute such contract, and anyamendments thereto. 3.That the City Engineer is authorized to negotiate work order contracts pursuant to the MasterContract, which work order contracts may provide for payment to or from MnDOT, and that the CityEngineer may City Council Minutes June 12, 2017 Page 15 of 16 execute such work order contracts on behalf of the City of Columbia Heights withoutfurther approval by this Council. RESOLUTION NO 2017 -62 RESOLUTION NO. 2017 -62 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. Whereas, the City has contracted for or received the following revenue: Source CH School District Anoka County re Detox Anoka County re DTF Anoka County re TZD Total Amount $ 1,200.00 $ 240.00 $ 2,000.00 15,158.88 $20,615.88 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Police Department; 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: Ordinance 1640 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO LIQUOR, BEER AND WINE LICENSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: SECTION 1: § 5.502 3.2% MALT LIQUORS (BEER). City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (3) No sale of 3.2% malt liquor (beer) may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. neon on Sunday. SECTION 2: § 5.503 ON -SALE CLUB LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (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 2 -1:00 a.m. on Mondays; and SECTION 3: § 5.504 ON -SALE CLUB LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (1) No sale of any er intoxicating liquor may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. ReeR on Sunday. City Council Minutes June 12, 2017 Page 16 of 16 SECTION 4: § 5.505 INTOXICATING LIQUOR. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (M) No sale of intoxicating liquor for consumption on a licensed premises may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 10 -2:00 a.m. noon on Sunday. SECTION 5: § 5.506 ON -SALE WINE LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (0) No sale of wine may be made between 2 -1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2 -1:00 a.m. and 102-:00 a.m. ReeR on Sunday. SECTION 6: § 5.508 SUNDAY ON -SALE LIQUOR LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) Establishments to which on -sale licenses have been issued or hereafter may be issued, pursuant to §§ 5.502 and 5.503 may serve intoxicating liquors between the hours of 10:00 a.m. on Sunday and 2 -1:00 a.m. on Mondays in conjunction with the serving of food, provided that such establishment is in conformance with the Minnesota Clean Air Act. SECTION 7: § 5.510 ON -SALE TEMPORARY LIQUOR LICENSES. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (1) No licensee of his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 2 -1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 2 -1:00 a.m. and 10 -2:00 a.m. neon on Sunday. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor between the hours of 2:00 4-W a.m. and 8:00 a.m. Should the Council decide to additionally restrict the hours of sale in granting the license, no licensee or his or her agent may sell or permit the sale of intoxicating liquor at any time not specifically allowed in such license. Ordinance 1641 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ADULT DAY CARE ZONING REGULATIONS The City of Columbia Heights does ordain: SECTION 1: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (C)(16)(d) For adult day care facilities, at least 150 square feet of outdoor area for seating and exercise shall be provided . If_150_square feet of outdoor is not available on the site, the property owner must submit a written proposal that demonstrates recreational activities for adults under the facility's care will be provided off -site. The City Manager, or his or her designee, is authorized to approve or deny this proposal