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HomeMy WebLinkAbout02-06-2017 WSCH 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 Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: NOTICE OF WORK SESSION Columbia Heights City Council February 6, 2017 7:00 PM (Following the EDA Meeting) City Hall- Conference Room No. 1 Worksession 1. Discussion regarding Ordinance related to breweries 2. Cablecast EDA Meetings discussion 3. Central Avenue Safety Improvement, 47th to 51st 4 Circle Terrace Park Building 5. 39th Avenue M &O, Central to Roundabout Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens City Manager Walter R. Fehst 6. 2017 Utility Projects: Main Street Water Main; 40th Avenue Storm Sewer 7. Discussion of Communications Specialist position 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 disabled persons 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 II make arrangements. (TDD /763- 706 -3692 for deaf or hearing impaired only.) COLUMBIA CH HEIGHTS AGENDA SECTION WORKSESSION ITEM NO. 1 MEETING DATE FEBRUARY 6, 2017 CITY OF COLUMBIA HEIGHTS - CITY COUNCIL ITEM: Ordinance No. 1638, Brewery Ordinance Discussion DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith M Dahl, January 31, 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. The specific sections are as followed: § 5.503 (13)(1) The on -sale of malt liquor shall only be permitted during the same days and hours of Municipal liquor Stores. • Minnesota State Statute allows for a brewer taproom to conduct on -sale business on Sundays if authorized by the municipality. Since municipal liquor stores in Columbia Heights are not open on Sundays, a brewer granted an on -sale brewer taproom license would not be able to sell malt liquor on Sundays. If a brewer desired to conduct on -sale business on Sundays, they would need to obtain a Sunday on -sale liquor license pursuant to city code § 5.59:7 5.508 SUNDAY ON -SALE LIQUOR LICENSES. § 5.503 (D)(1) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores. • Minnesota State Statute specifics that Sunday sales must be approved by the licensing jurisdiction and the hours may be established by those jurisdictions. Currently, Columbia Heights does not allow off - sale of any liquor on Sundays. If City Council desires to allow brewers to conduct off -sale business on Sundays, further provisions will need to be added to the the Off -Sale Malt Liquor licenses in § 5.503 (D). § 5.503 (1)(8) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. • A contextual city map will be provided at the work session to show the areas that are affected by the abovementioned provision. Minnesota State Statute prohibits liquor licenses to be issued within the following areas: (1) where restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant; City of Columbia Heights - CC Letter City of Columbia Heights - Council Letter Page 2 (2) within the Capitol or on the Capitol grounds, except as provided under Laws 1983, chapter 259, section 9, or Laws 1999, chapter 202, section 13; (3) on the State Fairgrounds, except as provided under section 37.21, subdivision 2; (4) on the campus of the College of Agriculture of the University of Minnesota; (5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other institution under the supervision or control, in whole or in part, of the commissioner of human services or the commissioner of corrections; (6) in a town or municipality in which a majority of votes at the last election at which the question of license was voted upon were not in favor of license under section 340A.416, or within one -half mile of any such town or municipality, except that intoxicating liquor manufactured within this radius may be sold to be consumed outside it; and (7) within 1,500 feet of any public school that is not within a city. Municipalities have the authority to be more stringent than State Statutes; however the provision that prohibits liquor licenses within 300 feet of any school or church may be too restrictive for the Central Business District. Staff seeks direction from City Council on whether or not to incorporate this provision into Ordinance No. 1638. § 5.503 (J)(10) No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. • This provision is found throughout all of Columbia Heights liquor licenses. Staff seeks discussion from City Council on whether or not this provision should be applied to Ordinance No. 1638. § 9.107 (53)(a) Except in the CBD, Central Business District, a landscape buffer with a minimum depth of ten (10) feet shall be installed and maintained along an abutting public right -of -way. • This provision may be too restrictive when dealing with smaller lot sizes found throughout the southern parts of Columbia Heights. Staff recommends eliminating this provision from the proposed Ordinance No. 1638. § 9.107 (53)(i) Music or amplified sounds shall not be audible from adjacent residential uses. • Currently, amplified sound is enforced as a public nuisance; however, staff seeks discussion for City Council on whether or not this provision is imperative to incorporate into Ordinance No. 1638 even though it is addressed and enforced elsewhere in city code. ATTACHMENTS: 1. Ordinance 1638 (10 Pages) ORDINANCE NO. 1638 BEING AN ORDINANCE REPEALING ORDINANCE NO. 1620 IN ITS ENTIRETY, BEING AN ORDINANCE THAT AMENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23, 2015; AND, AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER LICENSING; AND AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE REGULATIONS. WHEREAS, On March 23, 2015, the City Council passed Ordinance No. 1620, relating to on -sale and off -sale brewer taprooms; and, WHEREAS, Community Development Staff have determined that Ordinance No. 1620 does not adequately address licensure, land use regulations, and specific requirements pertaining to operation of a brewery within the City of Columbia Heights; and, WHEREAS, the City of Columbia Heights desires to provide adequate licensure and land use regulations to effectively address breweries within the City of Columbia Heights; NOW, THEREFORE, BE IT RESOLVED the City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: SECTION I: City Ordinance No. 1620, enacted March 23, 2015 upon 30 days after its passage is hereby repealed in its entirety. SECTION II: That Chapter 5, Article 5 of the City Code be amended to read as follows, to wit: § 5.501 DEFINITIONS. § 5.502 3.2% MALT LIQUORS (BEER). § 5.503 MALT LIQUORS. § 5,503 5.504 ON -SALE CLUB LIQUOR. § 5+504 5.505 INTOXICATING LIQUOR. § R505 5.506 ON -SALE WINE LICENSES. § 5 5110C� 5.507 LIMITED INTOXICATING LIQUOR LICENSES. § 5=507 5.508 SUNDAY ON -SALE LIQUOR LICENSES. § 5 509 5.509 SUNDAY CLUB LICENSES. § 5505 5.510 ON -SALE TEMPORARY LIQUOR LICENSES. § 5,50 5.511 POLICY FOR ALCOHOL LICENSE VIOLATIONS. § 515.512 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 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 (i) subiect to the provisions of Minn Statues 340A.26, as it may be amended from time to time and as followed: (1) The on -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores; and (2) A brewer may only hold one (1) On -Sale Brewer Taproom license; and (3) The license permits the sale of malt liquor produced by the brewer for consumption of the malt liquor on the premises of, or adjacent to a brewer taproom owned by the brewer. (C) On -Sale Brew Pub licenses may be granted to Hotels Clubs Municipal Liquor Stores Restaurants and Non - Profit Organizations for sale and consumption of malt liquor produced on the licensed premise. (D) Off -Sale Malt Liquor licenses may be granted to a licensee with either an On -Sale Brewer Taproom license or On -Sale Brew Pub licenses which shall permit the off -sale of malt liquor on the licensee's premise, subiect to the provisions of Minn. Stat. 340A.24 or 340A.28, as it may be amended from time to time and as followed: (1) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores; and (2) A brewer may only hold one (1) Off -Malt Liquor license; and (3) The only off -sale of malt liquor shall be the malt liquor produced by the licensee at the licensee's premise; and (4) The packaging of the off -sale malt liquor containers and bottles are subiect 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 City of Columbia Heights — Ordinance 1638 Page 3 submitted to such other City Departments as the Council shall deem necessary for verification and investigation of the facts set forth in the application. (F) Applications for malt liquor licenses shall state the following: (1) Whether the applicant is a natural person partnership corporation or other form of organization; (2) Full legal name of applicant and applicant's spouse place and date of birth street residence address and length of time at that address of the applicant and applicant's spouse; and any other information deemed necessary by the Council or issuing authority. (3) Three character references. (4) The nature of any other business to be operated in conjunction with the sale of malt liquor and whether the applicant is the owner or operator of such other business and if so the length of time in such business. (5) In the case of corporations, partnerships and other organizations such information relating to the identity of each officer, director and partner as required in division (F)(2) (G) All applications shall be referred to the Chief of Police. The Chief of Police or designee is empowered to conduct any and all investigations to verify the information on the application including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and /or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant An investigation fee as set by Council resolution shall accompany each application The application shall also be referred to the Chief of the Fire Department the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the Council at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing. The Council may accept or reject the license application in its discretion upon completion of the public hearing (H) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application (1) No license shall be granted to any person: (1) Who is under 21 years of age. (2) Who has been convicted of a felony, or any law of this state or local ordinance relating to the manufacture, transportation or sale of 3.2% malt malt liquor or of intoxicating liquors (3) For the sale of malt liquor on any premises also occupied by a previous licensee who was convicted of a violation of this section. City of Columbia Heights —Ordinance 1638 Page 4 (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 (5) Who is not of good moral character and repute. (6) Who is or, during the period of this license, becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. (7) Who is not the proprietor of the establishment for which the license is issued. (8) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. W 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. (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 12:00 noon on Sunday. (4) No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displaved 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 responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to City of Columbia Heights — Ordinance 1638 Page 5 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 (10) No licensee shall permit in any licensed establishment or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands head feet or body Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among activities prohibited by this section. (K) No license shall be granted for sale on any premises where a licensee has been convicted of any violation of this section, or of the state beer or liquor law, or where any 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 joint insured on the liability insurance policy. The policy shall be effective for the entire license year. (2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: (a) A certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence $100,000 because of bodily injury to two or more persons in any one occurrence $10,000 City of Columbia Heights — Ordinance 1638 Page 6 because of iniury 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 any one occurrence; or (b) A bond of a surety company with minimum coverages as provided in subdivision (a)• or (c) A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. (P) Any liability insurance required by this section must provide that it may not be canceled for: (1) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and (2) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authoritv of intent to cancel the policy. (Q) The operation of an on -sale, off -sale malt liquor license without having on file at all times with the City the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. (R) Every license shall be granted subject to the conditions and provisions of this section and of other applicable ordinances of the City or State law. (S) All licensed premises shall have the license posted in a conspicuous place at all times. (T) No manufacturer or wholesaler of malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minn. Stat. § 340A.308, as it may be amended from time to time. No retail licensee and manufacturer or wholesaler of malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of malt liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. (U) Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may, in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this section and grounds for revocation of license. City of Columbia Heights — Ordinance 1638 (V) Any person violating any provision of this section shall be guilty of a misdemeanor. Page 7 (_W) Any On -Sale or Off Sale license holder is subject to provisions of § 5.510 regarding penalties for license violations. § 515.512 PENALTY. FOR BEST PRACTICES LICENSE HOLDERS: Type of License 1 st 2nd Violation 3rd Violation 4th Violation iolation Violation On /Off Sale Malt $250 $500 and 3 day $1,000 and 5 day Li quo suspension suspension Revocation FOR OTHER LICENSE HOLDERS: Type of License 1st 2nd Violation 3rd Violation 4th Violation Violation On /Off Sale Malt $500 $750 and 5 day $1,000 and 10 dan y Liquor suspensio suspension Revocation SECTION III: That Chapter 9, Article 1 of the City Code be amended to read as follows, to wit: § 9.103 DEFINITIONS. Brewer Taproom. A facility on the premises of, or adjacent to a malt liquor manufacturer intended for on -sale and consumption of malt liquor produced by the brewer. Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year. § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (53) Brewer Taprooms and Brew Pubs. (a) Except in the CBD, Central Business District, a landscape buffer with a minimum depth of ten (10) feet shall be installed and maintained along an abutting public right -of -way. All malt liquor production shall be within a completely enclosed structure. (c) Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. (d) 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. W City of Columbia Heights — Ordinance 1638 Page 8 (e) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to any required landscape buffer. (f) Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. JjgJ By- products and waste from the production of malt liquor shall be properly disposed of off the property. (h ) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Music or amplified sounds shall not be audible from adjacent residential uses. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (u) Brewer Taproom, not exceeding 2,000 barrels of malt liquor a year. (v) Brew Pub, not exceeding 2,000 barrels of malt liquor air. (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. m City of Columbia Heights — Ordinance 1638 (nn) Brew Pub. (F) CBD, Central Business District. Page 9 (1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (gg) Brewer Taproom, not exceeding 3,500 barrels of malt liquor a (hh) Brew Pub. § 9.111 INDUSTRIAL DISTRICTS. (D) I4, Light Industrial District. (1) Purpose. The purpose of the I -1, Light Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further processing of materials first handled by general industry. These areas are located with easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I- 1, Light Industrial District: (y) Brewer Taproom. (E) I -2, General Industrial District. (1) Purpose. The purpose of the I -2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and /or nature, require isolation from non- industrial uses. These areas are located with easy access to arterial roadways or railroads and should be separated from non - industrial uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I- 2, General Industrial District: (y) Brewer Ta rp oom. 12 City of Columbia Heights — Ordinance 1638 'his ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest :atie Bruno, City Clerk /Council Secretary 13 Page 10 CH COLUMBIA HEIGHTS AGENDA SECTION WORK SESSION ITEM NO. WS3 MEETING DATE FEBRUARY 6, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: CENTRAL AVENUE SAFETY IMPROVEMENTS, 47TH AVENUE TO 51ST AVENUE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / February 1, 2017 BY /DATE: BACKGROUND: The City of Columbia Heights received funding for Central Avenue Safety Improvements from 47th to 51St Avenues totaling $930,000 through federal funds (90 %) and local State Aid funds (10 %). The source of the funds is MnDOT's Highway Safety Improvement Program or HSIP. The proposed improvements will include pedestrian and vehicle lighting, new sidewalks, and signage focusing on pedestrian safety in the corridor. The Council awarded a contract for design and construction services at their October 24, 2016 meeting to SEH. ANALYSIS /CONCLUSION: Staff has been working with SEH to submit the required documentation for Federal Aid projects — the project memorandum and right of way document has been submitted. At the same time, we have been developing preliminary plans for the grant eligible work of LED street lighting and sidewalks. Attached is a preliminary corridor layout. The lighting will include 30 foot tall street lights and 15 foot tall pedestrian lights. A schematic is attached that shows both types of lights. Previously, questions were raised regarding potential negative impact of LED lighting. In response, a summary sheet is attached which details our approach to the LED lights we are recommending. Within the original scope of work included in the RFP, an additional work task was defined to provide a feasibility level analysis of treatments within the existing medians from 47th Avenue to 51St Avenue. Options would be evaluated that considered safety, maintenance requirements, impacts of limiting (or deterring) pedestrian crossings, and aesthetics. Attached are two sheets that provide options for wide and narrow segments of the median. A third sheet is attached that provides a narrative for each treatment type. STAFF RECOMMENDATION: 1. Discussion and feedback of the HSIP Safety Improvements plan elements. 2. Discussion and feedback of the feasibility level median treatments. Following Council review, staff will be initiating a public review process, including a hosted meeting with the adjacent property owners. RECOMMENDED MOTION(S): Work Session Discussion ATTACHMENT(S): LED Lighting Information Luminaire Examples Calculation Summary Median Treatments Median Design Treatment Options 14 TH 65 — Central Avenue HSIP Improvements LED Liqhting Scope The majority of the roadway within the project is over 100 feet wide. This is unlike the roadway south of the project that was addressed in the 2002 project with the City's standard lighting equipment (Circa and Acorn). To illuminate this section of roadway to the State -Aid light levels we will need to use something with substantial output. At this point we are recommending the same luminaire that the DOT installed along the off ramps onto Central Avenue (American Electric ATB2). This high performance luminaire can be mounted to a round tapered aluminum pole similar to those currently in place south of the project area. This difference is that the new pole will need a 6' arm that positions the luminaire closer to the center -line of the roadway. We can still use a short decorative acorn luminaire located opposite of the tall pole. We recommend using a full cutoff version of the acorn luminaire to reduce glare to motorists which provides better visibility of pedestrians I've attached the photometric layout that reflects the ATB2 paired with the Holophane Washington full cutoff acorn. I've also attached a few images and details for equipment options. I have unlimited options for poles and arms for both the tall and short poles. I can specify a tall and short pole that matches your existing acorn pole. Color Temperature 4000 Kelvin is the color temperature that most state agencies have standardized on for their LED lighting inventory. It provides good visual acuity and has a higher lumen output per watt when compared to luminaires equipped with lower color temperatures. For the Central Avenue project we are recommending LED luminaires with a color temperature 3000 Kelvin for both the tall and short poles. This color has a slightly warmer hue and is more in line with Dark Sky interests. This color is thought to provide less glare than luminaires generating blue -rich colors, and provides a better pedestrian experience. Luminaires It is recommended that the luminaires for the tall and short poles be equipped with "full cutoff' optics. These optics will minimize glare to motorists allowing them to better see pedestrian activity along the roadway.The Gardco Circa luminaire which is currently in -place on 30' poles along Central Avenue immediately south of the project area is not available in an LED form capable of adequately illuminating the roadway. Because of this, we are proposing to use the American Electric Autobahn, a high performance LED luminaire that is currently in -place along the 694 /Central Avenue off ramp. The luminaires currently in -place on 15' poles along Central Avenue immediately south of the project area are non - cutoff acorn globe style luminaires. They generate a fair amount of light that is directed straight up into the sky, and in an LED form, tend to create undesirable glare to motorists. The proposed full cutoff luminaires with maintain the acorn shape while only generating light that is directed down toward the roadway and reduce glare. Poles The 30' tall poles on the project will be equipped with "Banner Saver" banner arms. These spring - loaded banner arms are designed to extend the life of the banners by folding away during high winds and subsequently spilling up to 87% of the wind load. As the wind subsides the banners return to their original position. The tall poles will also be equipped with a GFCI receptacle for use with seasonal displays. The short poles will be equipped with rigid banner arms that can be installed at various locations on the poles due to the unique track -lock system incorporated into the pole shafts. The poles can also accommodate the mounting of accessories such as plant hanger baskets, flag pole holders and signs. All luminaires and poles will be finished black in color. M Lighting Controls The lighting system can be equipped with a control and monitoring system that will enable the City to dim the lighting after traffic an pedestrian levels subside, typically after the bars and restaurants close. The system also monitors operating characteristics and will alert key staff of operating issues such as luminaire outages and other operating anomalies. This system helps to reduce overall light pollution and operating expenses associated with the lighting system, and will extend the life of the luminaires. Ken Taillon I Associate I Project Manager Manager - Outdoor Lighting Services SEH 13535 Vadnais Center Drive I Saint Paul, MN 55110 -5196 651.765.2980 direct 1651.490.2150 fax ktaillon(osehinc.com www.sehinc.com SEH — Building a Better World for All of USTM iV �6 4 L Ok Washington Acorn Luminaire 17 Washington Acorn Luminaire 18 N m Q Z S 6 m O H Q WJ 6 I or I .�j �i N m Q U •L a—+ U v W U v I fi N i O a-J Q 0 3—+ c6 L O U v O c ca `E N O a a i 1 0 z z o % Q N N d = N 4T N n� O 2 O O O A M V 44 2u9cio 40 !t IM 00 O Q O O E E ,+y+ N fA uY , , m O �O ILUU m m •C ,G q a �O ,O e e ,O ,O n n ,G W i ^m C C IE J r C C E'E`, _ u —1 / _ W � E C I J � 3 E J I'� c ti 0 d 0 aaa �a v C C C U-1 u u 0 % I v N n� II \o a N uY , , m O �O m m ,G ,O m m •C ,G q a �O ,O e e ,O ,O n n ,G r r _ O m N m A h 1p/ m m m 1q", m -H 11 m I \ c m d m c; c; ,f0 0 ' •N • •b .0 .0 .O .O .O JO .O .D •O •O I a �s %V in Z o °w " � v m v c O. N ,C z � a � c �a `1 Y C O m N Ol 'o a io v c L N Z v " � c d o c cu a a 3 01 c c ou v v V UO a a CD a N O E O o � 5 a z 5 z ,g z r z a ,o 3� z 5 r 2 n c Q n a h N v c ry v E y m .v, d N }' o c N t O 'p iF N W n z W a J a z W u ai N u F- c S m C7 � w � S c a m m `o � v J � E' w, z m C o a w L v v a m v a c o oq 'a pi N w v E -°ic d z c a d ° 4 - � a m 3 m v Y c c j m � .N O d 'o M 0 0 m x 0 z 0 0 I O wi> ma r v 3 g o tD w � lV m c O o rn� _ v _ v a i z \� r z 3 r z a N 5 z r z m = o V w . 3 a r 5 'v C r D aw G � c o • • '3 n - N r E 3 i w m v c o c m a E N a ivy .4 7 Z w Q J a z W V u H i S �6 u W c x a v m E J � o V c MEDIAN DESIGN TREATMENT OPTIONS corten wall, boulders, 6" depressed planting zone • Corten is a stable, rust resistant material that takes on mellow, visually appealing, earth tones with age. In this application, it is emphasized with boulders as a cost effective and visually pleasing mixture of materials. Placement of the barrier in the median 11 -20' depression creates a waist -high insurmountable object and cues MEDIAN pedestrians not to cross mid - block, but does not block sightlines for vehicles or commercial signage. Artistic images or text can be applied to the surface or added as cutouts to the top of wall. In the wider median areas, landscaping with perennials and low shrubs is also desirable. dry stacked wall • Limestone (or a similar ledge stone material) of dry stacked walls are visually appealing barriers and easy to repair /restack if struck by an errant vehicle. This timeless iconic material evokes the history of 11 -20' glaciation and river corridor creation within Minnesota. These walls can be used elsewhere in the commercial corridor as markers, MEDIAN placard mounts, low walls, etc., and could become an iconic symbol for Columbia Heights. The limestone material is complementary to the concrete form -liner used for the pedestrian bridge piers. rip rap • This is a low cost method of using boulders as a physical barrier. Rip Rap does not stack well and is best applied as a ground cover; verses its use as a vertical barrier to pedestrian crossings. One 11 -20' concern of this application is pedestrians may not see the visual obstruction when viewed from the sidewalk and get stuck on the MEDIAN median; the application could be placed over a low berm. gabion steps, 12" depressed planting zone �° • A more complex and holistic solution to deter mid -block pedestrian crossings. Gabion containers are time tested and cost effective, used in streetscapes and site applications throughout the country. 11 -20' Placement of the baskets in the depressed median also creates a barrier without obstructing sightlines and will cue pedestrians on MEDIAN the sidewalks to not cross mid - block. Landscaping and "rain garden" type plant materials can be incorporated. 23 MEDIAN DESIGN TREATMENT OPTIONS 3' corten wall, base plantings _ • For the narrow median areas, a waist -high vertical wall can be used as a longer linear implementation strategy to decrease mid -block Iu I pedestrian crossings. The warm -toned industrial look of corten steel can be softened with perennial and small shrub plantings 6 -9' along the narrow median edge. A disadvantage of this treatment is MEDIAN potential vehicle hits may be difficult and costly to repair. metal fence, barberry hedgerow _(,j_ • A simple and straightforward design treatment to stop mid -block crossings. Many prefabricated (e.g. not custom) fence options are readily available and provide a wide range of cost, material and aesthetic variables. The fence barrier would be visible from the 6 -9' sidewalks and the pickets allow some transparency for sightlines. The metal fence paired with a prickly, all season barberry plant MEDIAN make this an effective treatment with seasonal interest. 3' gabion wall with railing treatment, base plantings ^ • Gabion baskets in a vertical and narrow application would provide a barrier and visual cues to deter pedestrians from crossing. Gabion w baskets can be made to contain a variety of different materials and could be swapped -out and replaced cost effectively if damaged. In this application, the baskets are shown with a top rail to allow sightlines. Tough, durable, hardy and drought resistant low plant MEDIAN material, such as a climbing /clinging vine could be used. 24 CH COLUMBIA HEIGHTS AGENDA SECTION WORK SESSION ITEM NO. WS4 MEETING DATE FEBRUARY 6, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR CIRCLE TERRACE PARK BUILDING DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN /FEBRUARY 1, 2017 BY /DATE: BACKGROUND: In 2016 new equipment was approved that included a sport court, swing set, a small playset with slides, engineered wood fiber surfacing, concrete walks, matching benches and trash can, and a basketball hoop for the sport court, all installed by staff. The architect has now completed preliminary plans for the park building located on the north side of the Circle Terrace Park area. Staff consisting of Parks, Community Development, Recreation, and Police have reviewed / commented during the initial plan development. The building materials use durable materials such as stone and cement fiber siding and follows the Commission directive of earth tones for color. The building is simple in layout, as intended, for a meeting space with a restroom and small office for a PD substation or other staff use. The building also has an attached covered picnic shelter area. Funding for the project shall come from a CDBG grant ($236,771) and the Park Development Fund ($38,750). Interior furnishing and treatments shall be provided by the Police Forfeiture Fund. ANALYSIS /CONCLUSIONS: The Park and Recreation Commission reviewed the plans and recommends to the City Council to proceed to the bidding phase. Color selections would be brought back to the Park and Recreation Commission after the bid award. RECOMMENDED MOTION(S): 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. ATTACHMENT(S): Preliminary Plans 25 nlorm t!? 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O .� 0 U LU U LU r LU J U r- U a C_1 Vi 1 C." C 1 4 (.J G a� z W } .0 �y z LJ iU ate. ti w 4� U rl n. W J `G m Q2 W QO ON Z OO Z =E zo 0 ioi'i y co y LL O Om_ m LL Z Z UWN KQ~ mZ Q U Z Z � O LL f 00 Z O W J W /I-- v J W Z LO W J W 2 F- O Z u 0 11 r z Z 0 Z m z ZQ N N Z OW =W ao 0 L- o Qlb U- IO Z O F- w W- �c LU II Z O F— W J W 2 D O 0 I I U-N w J w Y Q a O z Q O £ M Q n am �2�0~ W W Z = N � Z m ti O - a` �? O .� 0 U LU U LU r LU J U r- U a C_1 Vi 1 C." C 1 4 (.J G a� z W } .0 �y z LJ iU ate. ti w 4� U rl n. CH COLUMBIA HEIGHTS AGENDA SECTION WORK SESSION ITEM NO. WS5 MEETING DATE FEBRUARY 6, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: 39T "AVENUE MILL & OVERLAY, CENTRAL AVENUE TO ROUNDABOUT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / February 2, 2017 BY /DATE: BACKGROUND: The City Council authorized the preparation of Feasibility Reports for State Aid streets in 2017. Based on condition ratings, staff had initially considered two MSA segments: Main Street from 37th Avenue to 40th Avenue and 39th Avenue from Central Avenue to the Huset Parkway roundabout. Due to the City's water main replacement project and Anoka County's overlay project on Main Street north of 40th Avenue, staff is recommending delaying that segment until a future year. Staff is currently working on the Feasibility Report for 39th Avenue. 39th Avenue is an existing two lane roadway 46 feet in width to back of curb. For the segment between Jackson Street and the roundabout, the adjacent property use is industrial and varied conditions of on and off street parking exists. For the segment between Jackson Street and Central Avenue, the primary use is residential. The City's largest park, Huset Park, is located at the west end; Central Avenue is located at the east end of the project and is a primary corridor route. Over 250 units of medium density residential is also located at the west project boundary. Additionally, the new City library is located on the other side of Central Avenue at the project's east boundary. Due to unique parking issues in the industrial area, and destinations at the project boundaries, staff is currently evaluating a pedestrian connection prior to the completion of the Feasibility Report. ANALYSIS /CONCLUSION: 1. Roadway and Parking: 39th Avenue is a wide street with 23 feet paved in each direction. It does support truck traffic. In the last two traffic counting years, traffic has actually increased from 1,400 ADT (2008) to 1,550 ADT (2012). The road last had an edge milling and overlay in 1993. Staff recommends a 2 to 2 -1/2 inch mill and overlay on the entire segment. On the attached sheet, the existing cross section is shown with four (4) modified street and parking layouts. 2. Sidewalk: Concepts 1 -4 include a 5 or 6 foot sidewalk on the south side, or north side. If a pedestrian connection is selected, staff believes the south side is a better location due to the uses and parking on the north side. High power electrical lines exist behind the south curb. Staff evaluated a walk on either side of these poles. In Concept 1 the walk is limited to 5 feet to fit it in the ROW. In Concept 2 the walk was shifted to the north side behind curb. In Concepts 3A and 313, the south curb was moved out 6 feet to accommodate a walk between the curb and power lines. The difference between 3A and 3B is designating and striping on street parking: south side only (3A) or both sides (313). Parking in the industrial area is difficult as the businesses are relatively close to the ROW, many of them are vehicle oriented creating vehicle storage issues or vehicles in transition, and many of the properties are paved right up to the back of curb. 30 City of Columbia Heights - Council Letter Continued — Page 2 Page 2 STAFF RECOMMENDATION: Discussion and review: 1. Designated on- street parking, 2. Pedestrian connection on the south side of the roadway. Based on Council direction, the Feasibility Report will be completed and a public meeting with adjacent property owners will be held prior to the Public Improvement Hearing. RECOMMENDED MOTION(S): None — work session. ATTACHMENT(S): Cross Section(s) diagram. 31 U) Z O 7 U 0 Z U) X w W p U) H O z z 0 Y J Q co N F- r) W U Z O U W p 2 F- D O z O Y J a in w U Z O U ry O zm (D :D U W p p W = O Q O O ry V) n z p oz_ m= W r y M U J W > U O w ry p m Y Iri J � Q W � w U c0 O � S ry O Z M Z W U p p W V) O W LLJ � O � On z p w O Z o m= w O � m [-- U � p J W I- LLJ > U U p � Q Y w J ry < U d Z U co Of Q O w u Hul 5 ;off =_ CH COLUMBIA HEIGHTS AGENDA SECTION WORK SESSION ITEM NO. WS6 MEETING DATE FEBRUARY 6, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR 2017 UTILITY IMPROVEMENTS DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN /FEBRUARY 1, 2017 BY /DATE: BACKGROUND: In 2015 Anoka County staff informed City staff that the county road segment of 40th Avenue from Central Avenue to Reservoir Boulevard was scheduled for a mill and overlay under their County Road Rehabilitation program. This is the same program that has completed work on Reservoir Boulevard north of 40th Avenue, 49th Avenue east of Central Avenue, and on 401h Avenue from Central to University Avenues. ANALYSIS /CONCLUSIONS: Staff had asked the County to delay the work on 401h Avenue to allow for evaluation of city utilities. Subsequently, the water main in this segment was cleaned and lined in 2016. An evaluation of the storm sewer from Central Avenue to LaBelle Pond has detailed that the structures and storm lines are in poor condition and need replacement. Additionally, this intersection is subject to flooding and can be improved by additional storm sewer. Another road segment in Columbia Heights that the County is considering in 2017 is Main Street north of 40th Avenue. The water main from 40th to 42nd Avenues has experienced several water main breaks and should be replaced prior to the road work in 2017. Staff has completed the plans and the project(s) are now ready to be publicly bid. The proposed funding for this work is as follows: Storm Sewer Construction Fund $225,000 Water Construction Fund $180,000 RECOMMENDED MOTIONS 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 and the replacement of water main on Main Street between 40th and 42nd Avenues. ATTACHMENT(S): Utility Site Plans 33 W W { W U� G a U� c� z X W W W Q 0 d- n- W W U7 G 0 W 0 W 0 (Y W W Z W Z O i z G LL W L F- V A LLJ LL W U7 z Q G' z r� G LL_ W i U-11 / 0 0 LL I W W z G z ,z c W CD z F-- W I-- W W Cr- U) z W J i� W L� O a O EK n W W C� I- U� z i I � m ,O 'O N •.. M N-� O b b b N a, e Q b 'O M .. 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