HomeMy WebLinkAbout08-01-22 City Council Work Session Packet
CITY COUNCIL WORK SESSION
Mayor
Amáda Márquez Simula
Councilmembers
John Murzyn, Jr.
Connie Buesgens
Nick Novitsky
Kt Jacobs
City Manager
Kelli Bourgeois
City Hall—Council Chambers, 590 40th Ave NE
Monday, August 01, 2022
6:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and
entering meeting ID 883 3305 6630 or by Zoom at https://us02web.zoom.us/j/88333056630. For
questions please call the Administration Department at 763-706-3610.
CALL TO ORDER/ROLL CALL
WORK SESSION ITEMS
1. Review of John P. Murzyn Hall Rental Rates and Policy Updates.
2. Parks Capital Discussion.
3. Solid Waste Contract Discussion.
4. Discussion of Response to Edible Cannabinoid Legalization.
5. Discussion and Update on Establishing a Single-Family Rental Moratorium.
6. Liquor Store Rezoning Overview.
7. Charter Commission: Amendment to City Charter City Council Vacancies (Chapter 2
Section 9).
ADJOURNMENT
Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is
made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements.
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CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEM
MEETING DATE 8/1/2022
ITEM: Review of John P. Murzyn Hall Rental Rates and Policy Updates
DEPARTMENT: Recreation BY/DATE: Keith Windschitl / July 28, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community _ Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _ Strong Infrastructure/Public Services
_ Opportunities for Play and Learning _ Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Staff has discussed and recently reviewed the rental fees, damage deposit, and policies for John P. Murzyn Hall. The last
several years have highly impacted the building with more repairs and cleanup from large events. Operational costs have
significantly increased with utility costs rising and HVAC repairs becoming very expensive. Additionally, the recent city
compensation study resulted in a significant increase to our custodial wages.
All these items combined have resulted in staff recommending fees be increased significantly to cover all the operating
costs. Staff also feels some of the policies need to be redefined to reduce liability and wear and tear on the building.
At the Park & Recreation Commission Meeting from July 27, 2022, the following items were passed. These items are
recommended to take effect immediately for any new rentals.
1. All rentals of 50 or more people must use the Lions Club for Bar Service (current policy is over 200 people must
use the Lions Bar).
2. Increase damage deposit from $500 to $800.
3. Renters lose all damage deposit if attendance is 50 or more people over the disclosed amount.
4. Rental Rates – Have a weekend rate for Fridays, Saturdays, and Sundays. Have a weekday rate for Mondays –
Thursdays. Residents will still receive a 25% discount on rentals.
Current 2022 Rates 2023 Rates
Sat $1,681.32 w/tax $1,801.11 Sat $1,883.07 w/tax $2,017.24
Sun – Fri $1,059.01 w/tax $1,134.46 Sun – Fri $1,154.32 w/tax $1,236.56
Nonprofit Entry Fee $60, Nonprofit Nonresident Hourly Rate $50, Nonprofit Resident Hourly Rate $25
Proposed Rates, effective immediately for all new 2022 and 2023 rentals
Fri – Sun $2,824.61 w/tax $3,025.86
Mon – Thurs $1,731.48 w/tax $1,854.85
Nonprofit Entry Fee $70, Nonprofit Nonresident Hourly Rate $60, Nonprofit Resident Hourly Rate $30 *Tax if applicable
on all Nonprofit Rates.
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Item 1.
CITY COUNCIL MEETING
AGENDA SECTION WORK SESSION
MEETING DATE AUGUST 1, 2022
ITEM: Parks Capital Discussion
DEPARTMENT: Public Works BY/DATE: Kevin Hansen / July 28, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND: Attached please find an update to the Parks Capital Improvement Plan, or CIP. While the
plan has been updated, staff recommends working with a Park Planning Architectural or Engineering firm
to both refine the plan and provide a more detailed cost estimate. This information would then be
provided to the City’s Financial Consultant to run bonding scenarios for Council consideration.
RECOMMENDED MOTION(S):
MOTION: Discussion
ATTACHMENT: Parks CIP
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Item 2.
2022-2027 Capital Improvement Plan
Parks Department
412-5200
Project 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Total Cost Notes
Huset Park **
Implement Master Plan including:$2,760,000 $2,760,000 Master Plan includes east and west
Site Grading, EC, landscaping and restoration $400,000
Contaminated soils $175,000 1990 report
Pinwheel Ballfields (west), fencing and irrigation $700,000 3 or 4 fields in a pinwheel design
Remove block garage / Install concession & restroom bldg $775,000
Remove Jefferson bld & new picnic shelter $185,000
Install Baseball and Soccer Fields (East)$400,000 1 each
Playground Replacement (east)$125,000
JPM Parking lot and access drive Mill to Huset Prkwy $475,000 $475,000 Recon of lower JPM lot, add access dr
Gauvitte Park $1,045,000 $1,045,000 Potential cost share MWMO
Develop Master Plan / SWIA $25,000 $25,000 MWMO funded
Construct storm water infiltration area (SWIA) *$400,000 MWMO watershed funding (tbd)
Purchase property for pipe access to (SWIA)$250,000
Replace playground equipment $115,000
Building demolition / new picnic shelter $145,000
Site Grading, EC, landscaping and restoration $135,000
McKenna Park $640,000 $640,000
Develop Master Plan $18,000 $18,000
Remove wading pool $25,000 maintain only 2 water features
Remodel parkhouse $225,000
Reconstruct Athletic Fields $175,000 ? Maintain 1 or 2 fields
Site Grading, Parking lot, EC, landscaping and restoration $215,000 new parking lot off 48th Ave
Sullivan Park **$450,000 $450,000
Rehab park storage building $50,000 Masonry, Doors, windows, locks
Reconstruct tennis courts $275,000 full reconstruction, poor soils
Inclusive Play area $125,000
53rd & Central
Construct entrance sign to city - yr TBD $40,000 $40,000 ~$10k from former CH chamber
Ramsdall Park **$525,000 $525,000
Remove wading pool / construct splash pad $415,000 smaller than Huset SP
Complete trail (shown in Master Plan)$25,000 City Staff
Trail Lighting $85,000 LED ~ 10 lights
Skate Park (Johnson & 49th Ave - ISD 13 property)$165,000 evaluate need (not in budget), cost can vary
Hilltop Park
Replace playground equipment $75,000 $75,000 no Master Plan - equip only
Silver Lake Park **
Construct pathway from Stinson Blvd to Benjamin St $165,000 $165,000 difficult install - ADA issues, reevaluate need
Keyes Park **$550,000
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Item 2.
Reconstruction based on Master Plan $550,000 $0 completed
Building remodel / addition $400,000 $400,000 Remodel interior / covered picnic area
North Sidewalk (46th and Reservoir)$125,000 $125,000
Complete trail (shown in Master Plan)$25,000 $25,000 City Staff
Ostrander Park $550,000 $550,000
Develop Master Plan $20,000 $20,000
Site Grading, ponding, EC, landscaping and restoration $150,000 serve as area storm WQ
Replace playground equipment $95,000
Remove Park Building $30,000
New Picnic Shelter $115,000
Reconstruct Hockey Rink $95,000 requires commission review
Paved Trail $65,000 Perimeter only
La Belle Park **
Retrofit existing and add Lighting for walking trail $135,000 $135,000 LED lighting east side, LED fixtures
Silver Lake Boat Landing **
Reconstruct boat landing $550,000 $0 completed, partial grant funded
Reconstruct stormwater retention pond *$347,000 $0 completed, partial grant funded
Prestemon Park $477,500 $477,500 rehabbed in 1999
Reconstruct basketball court $75,000
Reconstruct Parking lots $100,000
Remove Park Building $22,500
Construct Picnic Shelter $165,000
Construct Dog Park $115,000 requires commission review
Lomianki Park $235,000
Replace playground equipment $85,000 $85,000
Rehabilitate Park Building / Grounds $150,000 $150,000 Refresh, not a major recon
Edgemoor Park
Replace playground equipment $75,000 $75,000 No Master Plan - equip only
Wargo Court **
Develop Master Plan $15,000 $18,500
Park Reconstruction based on Master Plan $385,000 $385,000 Wargo Estate funds (~150k)
Hart Lake $280,000
Install Trail west side of Hart Blvd $235,000 $235,000 ? State Aid, if available
Replace ped lighting west side of Hart Blvd $45,000 $45,000 5 LED lights
2019 2020 2021 2022 2023 2024 2025 2026 2027
ANNUALLY:$0 $25,000 $0 $15,000 $793,000 $995,000 $1,490,000 $3,180,000 $1,842,500 $450,000 $8,790,500
* Project budgeted in Storm Sewer CIP
** Park Master Plan (Wargo in process)
Costs are construction estimates only and do not include soft cost such as architectural, testing, and inspection.
Costs estimates are 2021 basis
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Item 2.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE AUGUST 1, 2022
ITEM: Solid Waste Contract Discussion.
DEPARTMENT: Administration/Public Works BY/DATE: Kelli Bourgeois, July 28, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Staff met with representatives from Walters today and would like to give Council an update. This replaces the
37th Ave / 53rd Avenue discussion which will be placed on a future agenda.
ATTACHMENT(S):
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Item 3.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE 08/01/2022
ITEM: Discussion of Response to Edible Cannabinoid Legalization
DEPARTMENT: Community Development BY/DATE: Mitchell Forney 7/27/22
CITY STRATEGY:
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Towards the end of the 2022 legislative session, the State of Minnesota passed a law amending state statute
which legalized the sale of edible cannabinoids derived from hemp. On July 1, 2022, this law came into effect
and has garnered a significant amount of attention. Very little regulation and oversight has been established
with the amendment of state statute. This has left many local and state government agencies scrambling to
address and implement procedural changes prompted by the new law. The League of MN cities has published
guidance in the form of a Frequently Asked Questions page (Attachment #2) and continues to work on
understanding how the new statute affects cities. A few cities have adopted interim and emergency
ordinances to place a moratorium on the sale of these newly legalized items. With regard to Columbia Heights ,
staff would like to present the facts and receive guidance on how the Council would like to respond to the new
law.
The law in question amends MN state statute chapter 151.72 subd.1-6 and chapter 152.02 in order to legalize
the sale and production of edible cannabinoid products . Products defined in the amendment are not
considered controlled substances and have been removed from the schedule 1 drug classification under state
law. These products must meet a variety of requirements but most importantly they cannot contain more
than 0.3 percent of any tetrahydrocannabinol (THC), and must not contain more than five milligrams of any
tetrahydrocannabinol in a single serving, and no more than a total of 50 milligrams of any
tetrahydrocannabinol per package. The new law establishes a variety of testing procedures and labeling
requirements with regards to the allowed amount of THC and prescribed packaging. The attached document,
appendix A, summarizes these and other relevant regulations outlined in the new state law. Under the new
law, enforcement of the state regulations falls on the Minnesota Board of Pharmacy. It is important to note
that the regulations in Appendix A are not proactively enforced. Packaging and laboratory reports are not
required to be submitted to the board but are only required if the Board of Pharmacy requests them. The
Minnesota Board of Pharmacy is not proactively requesting them but will review the testing if it receives a
complaint. Due to the ambiguous nature of the State Statute, there are a lot of questions at all levels regarding
the ongoing enforcement of the new regulations.
The state law in question caught a lot of people by surprise to include the majority of Minnesota Cities. As of
July 27, five cities have crafted and considered responses to the new state law. While four have enacted
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Item 4.
City of Columbia Heights - Council Letter Page 2
emergency or interim ordinances placing moratoriums on the sale and production of edible cannabinoids. The
city of Stillwater foresaw the legalization of THC in some form and in 2021 and prohibited, “the establishment
of new uses or the expansion of existing uses related to cannabis and nonintoxicating cannabinoids (CBD)
sales, testing, manufacturing, or distribution.” While cities such as Saint Joseph and Robbinsdale only recently
enacted their moratoriums. The sample ordinance and accompanying research have been established through
the review of other cities actions and recommendations from the city attorney.
As part of the discussion of how the city should respond to the new state law, staff have created a draft
moratorium similar to those recently adopted by other cities. With or without a moratorium there are quite a
few questions the City will face in regards to the production and sale of hemp derived tetrahydrocannabinol
(THC) food and beverages. Posted in attachment #4 is a compilation of some of the questions the City faces.
While all these questions may not be answered at this meeting it is important to begin the discussion of these
items.
Attached is draft ordinance 1679. This ordinance would establish a moratorium on the expansion of sales and
manufacturing of hemp derived THC food and beverages. State Statute 462.355 regulates the application and
use of interim ordinances by the City. To ensure compliance with 462.355 the draft ordinance clearly outlines
the goals and purpose for the prohibition of hemp derived THC food and beverages. As stated in the preamble,
the purpose of the moratorium is to limit the expansion of these sales until the City can study, discuss, and
craft a response to the new law. A well-rounded response will include changes to the code of ordinances in
the form of zoning, licensing, enforcement, and other related processes and procedures. Under draft
Ordinance 1679, businesses that are selling or producing hemp derived THC foods and beverages, prior to the
passage of the ordinance, will still be allowed to do so during the moratorium. This draft ordinance does
nothing to effect legal, medicinal CBD operations.
Staff recommend moving forward with the establishment of a temporary moratorium on the discussed items.
As shown in the compilation of questions, there are a lot of unknowns that need to be addressed by the city.
Establishing a moratorium will also afford the city the opportunity to work with the League of MN Cities in
clarifying the City’s role.
ATTACHMENT(S):
1. Draft Ordinance 1679
2. League of MN Cities FAQ Page
3. Appendix A: State Regulations
4. Appendix B: Questions
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Item 4.
Ordinance 1679
ORDINANCE NO. 1679
BEING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PRODUCTION AND SALE OF HEMP
DERIVED TETRAHYDROCANNABINOL (THC) FOOD AND BEVERAGES WITHIN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does herby ordain:
(a) Preamble
The City of Columbia Heights (“City”) recognizes the significant public interest in new amendments to
chapter 151 and 152 of Minnesota State Statute. These laws took effect July 1, 2022 and make it legal
to sell edible products that contain certain amounts of tetrahydrocannabinol (THC), the cannabis
ingredient extracted from hemp. Further, the application of the new law has demonstrated a clear
shortcoming of behalf of the city and the city’s code. For example, the City’s code of ordinances lacks
any regulations in the form of, zoning, sales, testing, manufacturing, and distribution of the hemp
derived tetrahydrocannabinol (THC) products. Specifically, regulations similar to those on other
products such as alcohol or tobacco. The City is concerned that without a temporary moratorium, new
businesses and uses will expand significantly prior to the establishment of necessary safety regulations
and procedures.
Overall, the City Council finds it necessary to conduct an in-depth study of and effectuate changes to,
the City’s Code of Ordinances. Changes that would regulate, enforce, and or license the sales, testing,
manufacturing, and distribution of hemp derived tetrahydrocannabinol (THC) food and beverages.
Upon completion of the foregoing study and the resulting changes that will be established, the City will
revoke the interim ordinance and enforce the newly adopted regulations and procedures.
(b) Moratorium Established; Scope
(1) In accordance with the above and pursuant to authority granted by Minn. Stat. § 462.355, the City
hereby establishes a moratorium on the production and sale of hemp derived
tetrahydrocannabinol (THC) food and beverages within the City of Columbia Heights.
(2) During the effective period of this interim ordinance, the City of Columbia Heights will prohibit the
production and sale of hemp derived tetrahydrocannabinol (THC) food and beverages pending the
completion of the above referenced study and the adoption of appropriate official controls.
(3) The moratorium shall not apply to preexisting businesses selling or producing hemp derived
tetrahydrocannabinol (THC) food and beverages before the effective date of this ordinance.
(c) Enforcement
Any person, corporation, or other entity found to be in violation of this Ordinance
shall be guilty of a misdemeanor. The City may enforce this Ordinance by
mandamus, injunction, or other appropriate criminal or civil remedy in any court
of competent jurisdiction.
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Item 4.
City of Columbia Heights - Ordinance Page 2
Ordinance 1679
(d) Term
Unless earlier rescinded by action of the City Council, the moratorium established
by this Ordinance shall remain in full force and effect for 12 months after its effective date. The
moratorium may be extended as provided in Minn. Stat. §462.355, subd. 4(d).
(e) Effective Date
This ordinance shall be in full force and effect from and after the date of its passage.
First Reading:
Offered by:
Seconded by:
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
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Item 4.
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Item 4.
APPENDIX A
THC WORKSESSION DISCUSSION
Additional state regulation with regards to Hemp Derived THC foods and beverages
1. product sold for human or animal consumption can not contain more than 0.3 percent of any
tetrahydrocannabinol.
2. No other substance extracted or otherwise derived from hemp may be sold for human
consumption if the substance is intended:
a. for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or other animals; or
b. to affect the structure or any function of the bodies of humans or other animals.
3. No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived
from hemp may be sold to any individual who is under the age of 21.
4. A manufacturer of a product regulated under this section must submit representative samples
of the product to an independent, accredited laboratory in order to certify that the product
complies with the standards adopted by the board. Testing must be consistent with generally
accepted industry standards for herbal and botanical substances, and, at a minimum, the testing
must confirm that the product:
a. contains the amount or percentage of cannabinoids that is stated on the label of the
product.
b. does not contain more than trace amounts of any mold, residual solvents, pesticides,
fertilizers, or heavy metals.
c. does not contain more than 0.3 percent of any tetrahydrocannabinol.
5. An edible cannabinoid product must not
a. bear the likeness or contain cartoon-like characteristics of a real or fictional person,
animal, or fruit that appeals to children.
b. be modeled after a brand of products primarily consumed by or marketed to children.
c. be made by applying an extracted or concentrated hemp-derived cannabinoid to a
commercially available candy or snack food item.
d. contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by
the United States Food and Drug Administration for use in food.
e. be packaged in a way that resembles the trademarked, characteristic, or product-
specialized packaging of any commercially available food product.
f. be packaged in a container that includes a statement, artwork, or design that could
reasonably mislead any person to believe that the package contains anything other than
an edible cannabinoid product.
6. An edible cannabinoid product must be prepackaged in packaging or a container that is child-
resistant, tamper-evident, and opaque or placed in packaging or a container that is child-
resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement
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Item 4.
APPENDIX A
THC WORKSESSION DISCUSSION
that packaging be child-resistant does not apply to an edible cannabinoid product that is
intended to be consumed as a beverage and which contains no more than a trace amount of any
tetrahydrocannabinol.
7. If an edible cannabinoid product is intended for more than a single use or contains multiple
servings, each serving must be indicated by scoring, wrapping, or other indicators designating
the individual serving size.
8. An edible cannabinoid product must not contain more than five milligrams of any
tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any
tetrahydrocannabinol per package.
Labeling Requirements
1. A product regulated under this section must bear a label that contains, at a minimum:
a. the name, location, contact phone number, and website of the manufacturer of the
product.
b. the name and address of the independent, accredited laboratory used by the
manufacturer to test the product.
c. an accurate statement of the amount or percentage of cannabinoids found in each unit
of the product meant to be consumed.
2. The information required above may be provided through the use of a scannable barcode or
matrix barcode that links to a page on the manufacturer's website if that page contains all of the
information required by this subdivision.
3. A label containing at least the following information must be affixed to the packaging or
container of all edible cannabinoid products sold to consumers.
a. the serving size.
b. the cannabinoid profile per serving and in total.
c. a list of ingredients, including identification of any major food allergens declared by
name.
d. the following statement: "Keep this product out of reach of children."
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Item 4.
APPENDIX B
THC IMPLIMENTATION QUESTIONS
Below is a compiled list of questions the city faces regarding its response to the newly enacted law
on July 1, 2022.
- Will the City license sellers of these products?
- What types of business should be allowed to sell edible cannabinoids?
- Location of products within retail establishment, is self-service merchandising allowed?
- Are pop-up sales, or transient merchants allowed to sell the products?
- Can products be distributed or sold via vending machines?
- Is there an age requirement for the person selling the product?
- Are delivery services allowed to distribute the products?
- Does the city regulate online sales?
- Does the city limit the number of establishments within the city through a certain number of
licenses?
- How will the city enforce age verification?
- Are there set hours in which these products can be sold hours?
- Does the city require background checks for licensing?
- How the city wants to handle license terms, revocation, transfers, and display of the license?
- Which areas/zoning districts of the city can edible cannabinoids be sold, manufactured, or
distributed?
- Are there distance requirements from other uses (schools, parks, residential, etc.)?
- Is there a distance requirement between retailers?
- Are there sales % requirements with regard to other products?
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Item 4.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE 08/01/2022
ITEM: Discussion and Update on Establishing a Single-Family Rental Moratorium
DEPARTMENT: Community Development BY/DATE: Mitchell Forney 7/28/2022
CITY STRATEGY:
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength X Excellent Housing/Neighborhoods
X Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
During the July 5th work session, the city council discussed the viability of establishing a rental licensing
moratorium on all single-family homes. This discussion came about after staff presented a plan to create a
single-family rental density cap. Establishing a cap requires a multitude of process changes along with a study
of the City’s current rental housing stock. These items are estimated to take up to a year to complete.
The City Council originally began the rental density cap discussion after bringing up worries regarding single -
family home conversions to rental properties. Most of all, the City Council is concerned that it has become
increasingly difficult for potential home buyers wishing to purchase property in the City to identify financially
attainable options. Many such options are quickly purchased by remote corporate entities or landlords and
converted to rental properties. Further, the City is concerned that the overall number of rental properties in
the City has increased at an unsustainable rate. In addition, the City is aware of possible shortcomings within
City Code relating to provisions governing rental licenses and property maintenance and would like to be more
proactive in securing compliance for the health, safety, and welfare of City residents generally.
To establish an interim ordinance, state statute requires the City to establish clear goals and a plan of action.
This is presented in the sample ordinance as a set of studies that will assist the City in reaching its goals. The
interim ordinance can be put in place for 12 months or until the following goals have been completed and any
resulting changes to the City’s ordinances have been made. First, City staff will determine the current makeup
and status of the rental housing stock within the City. Second, staff shall determine the effect and feasibility of
creating a rental density cap on single family residences. Last, staff will consider whether the City has sufficient
staffing and resources to enforce the rental density cap.
Attached is a sample of the interim ordinance. The establishment of the moratorium affects the receipt,
processing, or approval of any new rental license for a single-family residential structure. It does not include
such residences as townhomes, duplex’s, apartments, cooperatives, or condominiums. Applications for the
renewal of existing rental licenses are exempt, and any complete license submitted before the enaction of the
ordinance will continue with the normal process. Any application submitted and received prior to the passage
of the ordinance but deemed incomplete by the City, shall be returned to the applicant, along with the
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Item 5.
City of Columbia Heights - Council Letter Page 2
application fee, and if not resubmitted before the passage of the ordinance, no resubmission of such
application shall be accepted during the moratorium.
ATTACHMENT(S):
1. Sample Ordinance 1678
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Item 5.
Ordinance 1678
ORDINANCE NO. 1678
BEING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM WITHIN THE CITY ON NEW RENTAL LICENSE
APPLICATIONS FOR SINGLE FAMILY HOMES
The City of Columbia Heights does herby ordain:
(a) Preamble
The City of Columbia Heights (“City”) is concerned that it has become increasingly difficult f or potential
home buyers wishing to purchase property in the City to identify financially attainable options. Many
such options are quickly purchased by remote corporate entities and converted to rental properties.
Further, the City is concerned that the overall number of rental properties in the City has increased at
an unsustainable rate. In addition, the City is aware of possible shortcomings within City Code relating
to provisions governing rental licenses and property maintenance and would like to be more proactive
in securing compliance for the health, safety, and welfare of City residents generally.
The City Council finds it necessary to conduct studies to: (1) determine the current makeup and status
of the rental housing stock within the City; (2) determine the effect and feasibility of creating a rental
density cap on single family residences; (3) consider whether the city has sufficient staffing, resources,
and processes to establish and maintain a rental density cap.
Upon completion of the foregoing studies, the City will consider the options for amendments to City
Code in order to maintain and increase the inventory of attainable homes available for purchase by
current and prospective City residents, and deal with the unsustainable increase in properties
constructed as or converted to rental housing, and whether City Code changes can address that
ongoing issue.
(b) Moratorium Established; Scope
(1) In accordance with the above and pursuant to authority granted by Minn. Stat. § 462.355, subd. 4,
the City hereby establishes a moratorium on the receipt, processing, or approval of any new rental
license for a single-family residential structure. It does not include such residences as townhomes,
duplex’s, apartments, cooperatives, or condominiums.
(2) The moratorium shall not apply to: (a) any complete rental license application submitted to the City
on or before August 22, 2022; (b) any application for renewal of an existing rental license; (c) any
application already approved or in the process of approval by the City:
Any application submitted and received prior to August 22, 2022, but deemed incomplete by the
City, shall be returned to the applicant, along with the application fee, and no resubmission of such
application shall be accepted during the moratorium. The City may make exception for any
application in individual cases in the event that extreme financial hardship as determined by the
City in its sole discretion.
(c) Enforcement
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Item 5.
City of Columbia Heights - Ordinance Page 2
Ordinance 1678
Any person, corporation, or other entity found to be in violation of this Ordinance
shall be guilty of a misdemeanor. The City may enforce this Ordinance by
mandamus, injunction, or other appropriate criminal or civil remedy in any court
of competent jurisdiction.
(d) Term
Unless earlier rescinded by action of the City Council, the moratorium established
by this Ordinance shall remain in full force and effect for 12 months after its effective date. The
moratorium may be extended as provided in Minn. Stat. §462.355, subd. 4(d).
(e) Effective Date
This ordinance shall be in full force and effect from and after the date of its passage.
First Reading:
Offered by:
Seconded by:
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
28
Item 5.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE AUGUST
ITEM: Liquor Store Rezoning Overview
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich – 7/28/2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
The City of Columbia Heights has initiated the rezoning of its three municipal liquor store sites from GB,
General Business to PO, Public and Open Space.
Specifically, the rezoning of the following properties is proposed:
Top Valu Liquor Store #1 located at 4950 Central Avenue NE
Top Valu Liquor Store #2 located at 2107 37th Avenue NE
Top Valu Liquor Store #3 located at 5225 & 5233 University Avenue NE
The intent of the rezoning request is to apply zoning designations to the three liquor store sites which reflect
their ongoing “public use.” The PO District specifically references “publicly owned and operated facilities” as a
permitted use. To be noted is that the City’s parks, and other municipal building sites (including City Hall, the
Library and public works building) were similarly rezoned to PO, Public Open Space in 2008.
Beyond the practical rational to bring all publicly owned and operated facilities into the PO District, the
rezoning of these properties is also prompted by the desire for Top Valu Liquor Store #3 to install a dynamic
LED sign on the existing pylon sign located on the site. While independent of the rezoning action, the
proposed rezoning would result in a change to the dynamic LED sign requirements for Liquor Store #3. As
mentioned, the current zoning classification for all municipal liquor stores is GB, General Business. Within the
GB District, dynamic LED signs are permitted as a conditional use on monument signs only. In contrast,
dynamic LED signs located within the PO, Public and Open Space District are allowed to be placed on pylon
signs. Therefore, the proposed rezoning would allow Liquor Store #3 to install a dynamic LED sign on its
current pylon sign. City Code provides more flexibility for dynamic LED signs on public sites because such
signage can be used to convey messages of general importance citywide rather than simply advertising.
Attachment(s)
Sign Plans
29
Item 6.
Signage Design Rev(0)
February 18th, 2022
7775 MAIN STREET NE, FRIDLEY, MN 55432 | P 763.754.2899 | F 763.767.7316 | WWW.ALBRECHTSIGNCOMPANY.COM
30
Item 6.
Existing
Scale: 3/16" = 1'
Updated
Scale: 3/16" = 1'
2
Revision
01
02
03
04
05
06
07
08
09
Update
Customer Signature of Approval
Type
Units
Type
Units
LED Module Power Supply
DESIGN | FABRICATION | INSTALLATION | SERVICE
This sign is intended to be installed in accordance with the
requirements of Article 600 of the National Electrical Code
and/or other applicable local codes. This includes proper
grounding and bonding of the sign. The location of the
disconnect switch after installation shall comply with Article
600.6(A)(1) of the National Electrical Code.
7775 Main St. N.E.,
Fridley, MN 55432
P: 763.754.2899 | F: 763.767.7316
www.AlbrechtSignCompany.com
Copyright 2022, By Albrecht Sign Company, Inc. All Designs
Presented Are The Sole Property Of Albrecht Sign Company Inc.,
And May Not Be Reproduced In Part Or Whole Without Written
Permission From Albrecht Sign Company Inc Photo Renderings
Are Not To Scale. Colors In This Drawing Are For Representation
Purposes Only And May Differ From Finished Product, Physical
Color Samples Can Be Provided Upon Request.
City of Columbia Heights:
Top Value | Good Year
Client Address:
590 40th Ave NE
Columbia Heights, MN 55421
Start Date: 2/18/2022
Last Revision Date: N/A
Job Number: N/A
Drawing Revision: N/A
Sales Representative: CJ
Designer: RD
REMOVE AND DISPOSE OF GOOD YEAR FACES.
RELOCATE TOP VALU FACES TO TOP CABINET.
INSTALL NEW DAKTRONICS EMC INTO EXISTING BOTTOM CABINET.
VERIFY IF EXISTING POWER WILL SUPPORT 2 EMCS.
ONE OF THE best selectionS of
Single Malt Scotch Whisky
& Bourbons in the Twin Cities
ONE OF THE best selectionS of
Single Malt Scotch Whisky
& Bourbons in the Twin Cities
31
Item 6.
Color:
N/A
N/A
ST-100
DaktronicsPaint Finish:
Vinyl:
Digital Print:
Black
MP Black
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/AOther:
Single Face:
Double Face:
Square Feet:
Illuminated:
Non-Illuminated:
49.4Quantity:2
A Section View
Scale: 3/4" = 1'
Face View
Scale: 1/2" = 1'
Face View
Scale: 1/2" = 1'
(2) .125" Aluminum faces painted
MP Black.
Splice face in 2 sections.
Routed hole for Daktronics EMC.
Fasten w/ CS screws into existing
retainer.
(2) 2x3 Steel angle frames.
Supply additional loose steel angle for in
field installation.
3
Revision
01
02
03
04
05
06
07
08
09
Update
Customer Signature of Approval
Type
Units
Type
Units
LED Module Power Supply
DESIGN | FABRICATION | INSTALLATION | SERVICE
This sign is intended to be installed in accordance with the
requirements of Article 600 of the National Electrical Code
and/or other applicable local codes. This includes proper
grounding and bonding of the sign. The location of the
disconnect switch after installation shall comply with Article
600.6(A)(1) of the National Electrical Code.
7775 Main St. N.E.,
Fridley, MN 55432
P: 763.754.2899 | F: 763.767.7316
www.AlbrechtSignCompany.com
Copyright 2022, By Albrecht Sign Company, Inc. All Designs
Presented Are The Sole Property Of Albrecht Sign Company Inc.,
And May Not Be Reproduced In Part Or Whole Without Written
Permission From Albrecht Sign Company Inc Photo Renderings
Are Not To Scale. Colors In This Drawing Are For Representation
Purposes Only And May Differ From Finished Product, Physical
Color Samples Can Be Provided Upon Request.
City of Columbia Heights:
Top Value | Good Year
Client Address:
590 40th Ave NE
Columbia Heights, MN 55421
Start Date: 2/18/2022
Last Revision Date: N/A
Job Number: N/A
Drawing Revision: N/A
Sales Representative: CJ
Designer: RD
15.85mm - Daktronics - RGB.
PN: 3112267
3'
-
6
1/4"
10'-4 13/16"
10'-7 13/16"
2'
-
0
15
/16
"
2'
-
6
15
/16
"
14'-0 1/4"
2'
-
6
1/8"
10'-7 13/16"
2'-4 3/4"
1'-0 3/4"
32
Item 6.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEM
MEETING DATE AUGUST 1, 2022
ITEM: Charter Commission: Amendment to City Charter City Council Vacancies (Chapter 2 Section 9).
DEPARTMENT: Administration BY/DATE: Sara Ion / July 28, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
On 7/21/2022 the Charter Commission held a seconding reading of the proposed amendment to the City
Charter, Chapter 2 Section 9. The Charter Commission has recommended that the Council amend the Charter
by Ordinance.
MN Statutes, 410.12 Amendments
Subd. 7.Amendment by ordinance.
Upon recommendation of the charter commission the city council may enact a charter amendment by
ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city
must publish notice of a public hearing on the proposal and the notice must contain the text of the
proposed amendment. The city council must hold the public hearing on the proposed charter amendment at
least two weeks but not more than one month after the notice is published. Within one month of the public
hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is
enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and
published as in the case of other ordinances. An ordinance amending a city charter shall not become effective
until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days
after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may
be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five
percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed w ithin
the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case
of charter amendments submitted by the charter commission, the council, or by petition of the voters, except
that the council may submit the ordinance at any general or special election held at least 60 days after
submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the
requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending
a charter, and to the filing of such ordinance when approved by the voters.
ATTACHMENT(S):
Proposed Amendment to Chapter 2 Section 9 of the City Charter.
MN State Statute 410.12
33
Item 7.
CHAPTER 2
FORM OF GOVERNMENT
Section 6. FORM OF GOVERNMENT. The form of government established by this
charter shall be known as the "Council-Manager Plan."
Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four
council members who shall be qualified electors, and who shall be elected at large in the manner
hereinafter provided. The four council members shall serve for a term of four years and until their
successors are elected and qualified. The Mayor shall serve for a term of two years and until a
successor is elected and qualified. The council shall be judge of the election of the mayor and
council members. (Ordinance No. 1466, passed December 15, 2003) (Ordinance No. 1300,
passed April 10, 1995)
Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid
municipal office or employment under the City of Columbia Heights, and until one year after the
expiration of that member's term as council member no former member shall be appointed to any
paid office or employment under the city which office or employment was created or the
emoluments of which were increased during that member's term. (Ordinance No. 1086, passed
June 11, 1984)
Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to
exist in case of the failure of any person elected thereto to qualify on or before the date of the second
regular meeting of the new council, or by reason of the death, resignation, removal from office,
cessation as a resident of the city, continuous absence from the city for more than three months,
conviction of a felony of any such person whether before or after qualification, the failure of any
council member without good cause to perform any of the duties of membership in the council for a
period of three months or for any other cause as may be provided for in Minnesota Statutes, as
amended. In each such case, at the next regular meeting following receipt of notice by the council of
one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless
further investigation is required. Notice of said vacancy shall be posted at city hall for a period of
two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall
also be postedpublished in a designated publication city newspaper for a period of two (2) weeks
as soon as possible after the date of the adoption of said resolution., with the publication being
completed no later than thirty (30) days from said date. Applications shall be sought and accepted
from individuals interested in filling the vacancy, which applications shall be submitted to city hall,
to the attention of the City Clerk, within 45 days from the date of said resolution. At its option,
Tthe council mayshall interview each of the applicants within 30 days from the close of the
application period, and shall conduct said interviews in an agreed upon uniform manner as a
council. After said 30 day period, tThe council shall make its appointment from the pool of
applicants within 15 forty-five (45) days of the vacancy resolution, whether done so at a regular
council meeting or a special meeting. If the council fails to make the appointment within the forty-
five (45) days, or, if before the end of the forty-five (45) days, votes three times on the appointment
and is unable to fill the vacancy, the mayor must, within fifteen (15) days, appoint a person from
the remaining applicants under consideration to fill the vacancy. The individuals so appointed shall
fill said vacancy until the next regular municipal election, when the office shall be filled for the
unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided,
however, that if a vacancy is declared by resolution after March 31st in the year of a regular
municipal election, then the appointment process as set forth herein shall not take effect and any
such vacancy shall continue to
34
Item 7.
exist until said election, at which time the vacancy shall be filled for the unexpired term by an
eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the
contrary herein, any vacancy resulting from a recall election or from a resignation following the
filing of a recall petition shall be filled in the manner provided in such case. (Ordinance No. 1331,
passed September 23, 1996) (Ordinance No. 1086, passed June 11, 1984)
Section 10. THE MAYOR. The mayor shall be the presiding officer of the council, and
shall exercise all powers and perform all duties conferred and imposed upon the mayor by this
charter, the ordinances of the city, and the laws of the state. A president pro tempore shall be chosen
who shall serve as president in the mayor’s absence, and who shall, in the mayor’s absence, exercise
all powers and perform all duties conferred and imposed upon the mayor by this charter, the
ordinances of the city and the laws of the state. In the absence of both the mayor and the president
pro tempore, the council member with the most seniority (as determined by consecutive
uninterrupted years of service to date) shall exercise and perform said powers and duties. The mayor
shall have the appointment, control, and direction of all police officers of the city, and shall be
recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose
of serving civil processes, and by the governor for the purposes of the military law. In the event of a
vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall
order a special election to fill the vacancy for the unexpired term except in the case of a recall, the
vacancy shall be filled in the manner provided by this charter. (Ordinance No. 1389, passed April
26, 1999) (Ordinance No. 1086, passed June 11, 1984)
35
Item 7.
36
Item 7.
37
Item 7.
38
Item 7.