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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. 1 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. 2 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 3 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 4 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 5 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): 6 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 7 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 8 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. 9 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 10 Item 4. 11 Item 4. 12 Item 4. 13 Item 4. 14 Item 4. 15 Item 4. 16 Item 4. 17 Item 4. 18 Item 4. 19 Item 4. 20 Item 4. 21 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 22 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." 23 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? 24 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 25 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 26 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 27 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.