Loading...
HomeMy WebLinkAboutOctober 28, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL OCTOBER 28, 1996 REGULAR COUNCIL MEETING CALL TO ORDER/ROLL CALL Mayor Sturdevant called the meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. Pledqe of Allegiance Additions/Deletions to the Meeting Agenda The City Manager advised of the addition of 6-C which is the first reading of Ordinance No. 1336 being the conveyance of real estate. Also, a correction was made to 4-A-6 regarding the source of funding. CQNSENT AGENDA The following items were approved on the Consent Agenda: Adopt Council Minutes The Council approved the minutes of the Regular City Council Meeting of October 14, 1996. Establish Work Sessions The Council established the following dates for work sessions: Wednesday, October 30, 1996 at 6:00 p.m. (immediately following the EDA meeting); Monday, November 4, 1996 at 8:00 p.m. and Monday, November 18, 1996. Resolution No. 96-66 Beina a Resolution Certifying Delinauent Assessments The reading of the resolution was waived. RESOLUTION NO. 96 - 66 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1996 totaling $37,428.15. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 2 BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments -' Fund #82535. SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 18, 1996. Upon receipt of said payments the City will remove them from the certification list sent to Anoka County. Passed this 28th day of October, 1996. Offered by: Seconded by: Roll Call: Ruettimann Jones All ayes Joseph Sturdevant, Mayor Secretary to the Council ApDrove License Applications The Council approved the 1996 license applications as listed upon payment of proper fees and the rental housing license applications as listed in the October 28, 1996 memorandum from Lowell DeMars. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Authorize Attendance at Fleet Maintenance Trainina Cour~ The Council authorized the attendance of Barb Sand~erg at the Fleet Maintenance Windows Training Course December 9 - 11, 1996 by DP Solutions, Inc. in Lakeland, Florida and that all related expenses be reimbursed from Funds 701-49950-3105 and 701-49950-3320. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 3 ~stablish Joint School Board/City Council Meetina The Council established November 6, 1996 at 7:00 p.m. as a joint meeting between the Columbia Heights School Board District #13 and the Columbia Heights city Council. Approve Three Community Development Block Grant Contracts The Council approved the 1995 CDBG contract by and between the City of Columbia Heights and Anoka County for $40,474 county- wide rehabilitation funds. The Council approved the 1996 CDBG contract by and between the City of Columbia Heights and Meals on Wheels for $3,080 public service agency funding. The Council approved the 1996 CDBG contracts by and between the City of Columbia Heights and Anoka County for a total of $237,370 for public service agencies, neighborhood revitalization, and housing rehabilitation. Authorize GIS Range Rider Joint Program Between Columbia Heights, Fridley and Andover The Council authorized the inter-local agreement for GIS services with Andover and Fridley for a figure not to exceed $13,333. Funding for the additional expenditure would come from cuts made to general fund budget made by the Council during its review. Authorize Continuation of Police Services Contract with the City of Hilltop The Council authorized the Mayor and City Manager to enter into a contract extension with the City of Hilltop for police and emergency medical (rescue) squad services with terms as indicated in the attached memos by the Hilltop City Attorney. Authorize ~a_vment of Dues to the League of Minnesota Cities for the Ne~t Fiscal Year The Council approved the continued membership with the League of Minnesota Cities and authorized the annual payment of $9,040. ~$tablish Hearina Dates for License Revocation and Various Rental Properties The Council established the hearing date of November 12, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following property owners regarding their rental property: Lisa Kelly (5031 Jefferson Street); Isle Schlachtenhaufen (4838 West Upland Crest); Carrie J. Herkal (1161 Cheery Lane); REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 4 Anthony J. Shermann (3926 Ulysses Street); Richard A. Nye (1162 Cheery Lane); Jean J. Free (3817 Hayes Street); Kurtis R. Kiel (561 51st Avenue); JonBthan Deal (4307 Seventh Street and 4701 Fifth Street); David W. Fischer (4657 Fifth Street); and Gary R. Stockwell (683 51st Avenue). Authorize Final Pa_vment to F.F. Jedlicki for LaBelle Park Storm Sewer Replacement. Municipal Project #9611 The Council accepted the work for storm sewer replacement at LaBelle Park from 40th Avenue to LaBelle Pond, Municipal Project #9611 and authorized final payment of $23,884.30 to F.F. Jedlicki of Eden Prairie, Minnesota. Motion by Ruettimann, second by Jones to approve the consent agenda as presented. Roll call: All ayes 5. Recognitions. Proclamations. Presentations. Guests The meeting agenda included a proclamation recognizing November as Epilepsy Month. The Mayor felt this should be held for a meeting where a representative of the Epilepsy Foundation could be present to receive it. 6. Public Hearings A. Second Reading of Ordinance No. 1333. Being an Ordinanc~ Repealing Certain Sections from License Ordinance Section Q£ City Code The City Manager explained the recommendations of the License Ordinance Review Committee regarding repeal of some sections of the City Code which addressed licensing. Some of the sections of the license ordinanceare outdated and the concern for regulation that may have existed in the past may not be of concern currently. Also, some of suggestions for repeal were based on the fact that little or no service is provided for the license fee collected. Many of the uses are licensed and inspected under the regulations of other jurisdictions such as the Anoka County Health Department, the State Department of Agriculture and the State Department of Health. Motion by Jones, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1333 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REPEAL OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 5 The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.201 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Auctioneers, which reads as follows, to wit: 5.201 (1) No person shall engage in or conduct business as an Auctioneer without a license issued prusuant to the provisions of this chapter. (a) Every license applicant under this section shall present proof to the Council of a license issued by any County Auditor in the State of Minnesota, and proof of a bond filed pursuant to Minnesota Statutes Chapter 330. Lack of such proof shall be mandatory grounds for denial of the license application. (b) A separate license shall be required for each agent or employee of a licensee who is directly or indirectly selling auctioned items. 5.201 (2) The provisions of this section shall not apply to sales made by sheriffs, coroners, constables, tax collectors, or sales of personal property under chattel, mortgage or other liens. IS HEREBY REPEALED. Section 2: Section 5.301 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Food Establishments, which reads as follows, to-wit: 5.301 (1) No person shall engage in or conduct business operating a food establishment without a license issued pursuant to the provisions of this chapter. Licenses issued under this section shall be categorized on the following basis: Class 1 Class 2 Class 3 Class 4 Class 5 Itinerant Food Establishments Food Catering Vehicle Food Vending Machine Restaurant Drive-In Restaurant REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 6 5.301 (2) For purposes of this Code, the following words shall have the meaning ascribed to them and such definitions shall apply in the interpretation and enforcement of this Code. (a) "Food Establishment" means any building, room, machine stand, enclosure, vehicle, space, area or other place wherein food is stored or prepared, served, and sold primarily for immediate consumption. (b) "Itinerant Food Establishment" means a food establishment operating for a temporary period such as, but not limited to, food facilities for a fair, carnival, circus, or public exhibition, other than a catering food vehicle. (c) "Food Catering Vehicle" means any vehicle used to transport food from its point of preparation or place of distribution to a place where the food is sold and served directly from the vehicle to the consumer, any vehicle wherein food is prepared for sale and service to the consumer, or any vehicle wherein perishable food or dairy products are stored or delivered to customers on a regular route for either immediate or future consumption. (d) "Food Vending Machine" means any self-service device which upon insertion of a coin, coins or tokens, dispenses unit servings of food, beverage or ice, either in bulk or in packages. (e) "Restaurant" means any building wherein food is prepared, served and sold for immediate consumption therein, and not operating for a temporary period. (f) "Drive-In Restaurant" means any restaurant as defined above that also prepares food for carry-out and immediate consumption in motor vehicles parked adjacent to the restaurant. (g) "Adulterated Food" means any food which bears or contains any poisonous or deleterious substance which may be injurious to health, provided however, that where such food bears or contains any such substance for which a safe tolerance or standard has been established by lawful regulation, or law, such food shall not be adulterated food if such substance is not in excess of tolerance of standard; or consists in whole or in part of the REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 7 product of decayed or decomposed substance, or consists in whole or in part of the product of a diseased animal, or an animal which has died by accident, disease, or other than by slaughter; or contained in an immediate package which is composed of any poisonous or deleterious substance which may render the contents injurious to health. (h) "Food Service Employee" means any person who renders service which requires the handling of food or food utensils. (i) "Food" means any raw, cooked or processed substance, non-alcoholic beverage or ingredient, which is used or intended for use in whole or in part for human consumption, including ice and water. (j) "Food Contact Surfaces" means those surfaces of the equipment and utensils with which food normally comes into contact or may come into contact. (k) "Misbranding" means the use of any written, printed, or graphic matter upon or accompanying products or containers of food, including signs, or placecards, displayed in relation to such products so dispensed, which is false or misleading, or which violates any local, state or federal labeling requirements. (1) "Perishable Food" means food consisting of fresh fruits or vegetables. (m) "Readily perishable food" means any food consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxication, excluding packaged food in hermetically sealed containers processed by heat to prevent spoilage and dry or powdered packaged food so low in moisture content as to preclude development of micro-organisms. (n) "Utensils" means all kitchenware, tableware, dishes, glassware, cutlery, pots, pans, containers, implements of other equipment with which food comes in contact during storage, cooking, preparation, display or serving. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 8 (o) "Wholesome" means food which is sound, healthful, clean, unadulterated and in all ways fit for human consumption. 5.301 (3) A Class 3 license is supplemental to the requirement for any other class of license under this section where a food vending machine will be located on the premises of another class food establishment. A Class 5 license shall be in lieu of a Class 4 license, and no person shall be required to obtain both licenses for a food establishment operating out of one building. The requirement for any license under this section is supplemental to the requirement for a license under any other section of this article. 5.301 (4) License applicants under this section shall provide the following information in the license application as is appropriate: (a) The Class of food establishment license applied for and the kind of food to be served. (b) For a Class 1 license, the reason for a temporary food establishment, indicating the nature of any commercial activity that will be going on, and the requested term for the license. (c) For a Class 2 license, the place where food will be prepared and the place, route, or geographic area where food will be sold; the number of vehicles to be utilized, the serial number of each such vehicle, and the name and address of the owner if different from the license applicant. (d) For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. (e) For a Class 4 license, the proposed seating capacity of the restaurant. (f) For a Class 5 license, the proposed seating capacity in the building and the proposed number of parking spaces in the lot. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 9 (g) A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within the preceding three years, together with a statement of whether any such license or permit was suspended or revoked, and a statement of facts pertaining thereto. (h) No applicant shall be eligible for a Class 1, 2, 4 or 5 license unless such applicant has first obtained a license from the Anoka County Health Department. 5.301 (5) The Clerk shall refer applications for a Class 1, 4 or Class 5 license to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. 5.301 (6) Every licensee under this section shall at all times maintain required minimum food, health and sanitation standards as are hereinafter provided, or as may be promulgated by the Health Authority. (a) The licensee shall abide by any written order of the Health Authority that is issued to abate an unsanitary or unhealthy condition. (b) The licensee shall take steps to abate any unsanitary or unhealthy condition after receipt of a warning tag describing such condition from the Health Authority. (c) Failure of a licensee to abide by any order of the Health Authority, or to take abatement action after receipt of a warning tag from the Health Authority shall be grounds for license revocation or suspension, or such other action restricting the privileges of the licensee as the Council may determine. Repeated issuance of warning tags to the licensee shall also be grounds for license revocation, suspension, or other restriction by the Council. 5.301 (7) Every licensee under this section shall maintain the following standards relating to food: (a) Food shall be kept clean, wholesome, and free from spoilage, adulteration, or misbranding. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 10 Food shall be prepared, processed, handled, packaged, transported, and stored, so as to be protected from contamination and spoilage and safe for human consumption. (b) Milk and fluid milk products shall be Grade "A". Poultry, meat, and poultry and meat products shall be U.S.D.A. approved, or approved by appropriate state designated agencies or officials. (c) Ail foods shall be protected against contamination, from work surfaces which are not clean, utensils which have not been sanitized, unnecessary handling, flooding from sewage or drainage overflow, overhead moisture leakage, dust, flies, insects, rodents, other vermin, or any other source of contamination. (d) Perishable foods shall be stored at such temperatures as will provide protection against spoilage. Readily perishable foods shall be stored at or below 40 degrees F. or at or above 150 degrees F. Frozen food shall be stored at or below 0 degrees F. 5.301 (8) Every licensee under this section shall maintain and enforce the following standards relating to food service employees: (a) Ail persons shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygenic practices during all periods of duty. Hair nets, head bands, caps, or other hair restraints shall be used to keep hair from food, utensils, and equipment. (b) Ail persons shall wash their hands thoroughly before starting work, and before resuming work after visiting the rest room, and as often as is necessary to remove soil and contamination. (c) Tobacco in any form shall not be used by persons while engaged in handling, preparing or serving food, or cleaning utensils and equipment. (d) No person infected with a communicable disease or illness, or other physical condition such as boils, open sores, or open wounds shall be permitted to perform duties as a food service REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 11 employee where such disease, illness or condition may be transmitted to others or jeopardize maintenance of health and sanitation standards of the food establishment. The licensee shall freely consult with the Health Authority at any time when the licensee believes that the physical condition of a food service worker may jeopardize the health and sanitation standards of the restaurant or the health and well being of the public. A copy of this section shall be posted in a conspicuous place for employees. 5.301 (9) Every licensee under this section shall maintain the following standards for cleanliness and sanitation of equipment and utensils. (a) Ail new and replacement equipment and utensils shall be of such materials, workmanship, and design as to be smooth, easily cleanable, resistant to wear, denting, buckling, pitting, chipping and razing; and capable of withstanding scrubbing, scouring, repeated corrosive action of cleaning compounds, and other normal conditions and operations. Food contact surfaces shall be non-toxic and readily accessible for cleaning and inspection. Toxic materials shall not be stored or used in food service areas, except as required for sanitary operations. Such materials may not be used in any manner that threatens to contaminate food. (b) Cleaning and sanitation of utensils may be by chemical method or by hot water method, in accordance with standards that are approved by the Health Authority. The minimum water temperature for effective sanitation treatment shall be at least 170 degrees F. All utensils and equipment shall be thoroughly cleaned and food contact surfaces of utensils and equipment shall be sanitized and stored in such a manner as to be protected from contamination. · REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 12 5.301 (10) Every Class 1, 4 and 5 licensee under this section shall maintain the following standards of cleanliness, hygiene, and sanitation on the food establishment premises: (a) Every food establishment premises, other than itinerant food establishments handling only pre- packaged food, shall have adequate restroom facilities which are kept clean, in good repair, and free from flies, insects and offensive odors. Hot and cold running water, hand cleansing compound, sanitary towels or hand-drying devices, and toilet tissue shall be provided. Hand washing facilities shall be provided within all areas where food is prepared. No private facilities of an adjoining residence shall be used to comply with the provisions of this section. (b) Ail garbage and refuse shall, prior to disposal, be kept in tight non-absorbent containers which shall be kept covered with close-fitting lids when filled, in storage, or not in continuous use. All other refuse shall be stored in containers, rooms, or areas, in a manner approved by the Health Authority. The rooms, enclosures, areas, and containers used should be adequate for the storage of all garbage and refuse accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse. All garbage and refuse shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. (c) Ail floors shall be kept clean and in good repair, and the use of sawdust and similar materials shall not be permitted. Floor drains shall be provided in all rooms where floors are subjected to flood-type cleaning or where normal operations release or discharge water or other liquid wastes on the floor. The walking and driving surfaces of all exterior areas where food is served shall be kept clean, properly drained and finished with concrete, paving or equivalent to facilitate maintenance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. Ai~ walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall have REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 13 easily cleanable, washable surfaces up to the highest level reached by splash or spray. (d) All rooms in which food is prepared or served, or utensils are washed, and rest, dressing, and locker rooms, and garbage and refuse storage areas shall be well ventilated and shall be free of excessive odors, condensation, vapors, smoke, and fumes. Cooking equipment shall be provided with exhaust uentilation equipment. (e) The premises shall be kept neat, clean, and free of litter and refuse. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. No food service operations shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats, and aprons shall be kept in containers until removed for laundering. No live birds or animals shall be allowed in any area where food is prepared, stored, or served, provided, that guide dogs accompanying blind persons may be permitted in the dining areas of a food establishment. 5.301(11) The following conditions shall apply to licenses issued under this section: (a) No Class 2 licensee shall operate a catering vehicle between the hours of 12 p.m. and 5 a.m. (b) Every Class 5 licensee shall maintain quiet and good order upon the premises and not permit disorderly or immoral conduct or loitering thereon, nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed. The licensee shall provide no less than two receptacles for receipt of trash litter at appropriate locations on the premises. The licensee shall post on the premises in a conspicuous location one or more signs bearing the following legend: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 14 "Cruising in or congregating or loitering outside of a motor vehicle is unlawful. No unoccupied vehicles may be left on the premises without the consent of the restaurant operator". (c) The term of a Class 1 licensee shall be as determined by the Council, notwithstanding 5.103(1)(a) of this Code. 5.301(12) The following persons establishment licensing, to-wit: are exempt from (a) A person whose place of business is a carnival, circus or fair and who holds a license pursuant to Minnesota Statutes Chapters 28A or 157. (b) Cafeterias or restaurants located in private businesses: (i) which are not open to the general public; (ii) which are incidental to the principal business in which they are located, and (iii) which are inspected and licensed by the Anoka County Health Department. food ARE HEREWITH REPEALED. Section 3: Section 5.303 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Grocery Stores, which reads as follows, to-wit: 5.303 (1) No person shall engage in or conduct the business of operating a grocery store, without a license issued pursuant to the provisions of this chapter. 5.303 (2) For purposes of this section, a grocery store shall be defined as a store engaged in the sale, at retail, of pre- packaged foods that are not intended for immediate consumption. 5.303 (3) The Clerk shall refer applications for a grocery store license to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 15 5.303 (4) The requirement for a license under this section is supplemental to the requirement for a license under any other section of this chapter. IS HEREWITH REPEALED. Section 4: Section 5.304 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Fresh Food Stores, which reads as follows, to-wit: 5.304(1) No person shall engage in or conduct the business of a fresh food store without a license issued pursuant to the provisions of this chapter. 5.304(2) For purposes of this section, a fresh food store shall be defined as a store engaged in the sale at retail of bulk foods packaged on the premises and not intended for immediate consumption, such as but not limited to meats, poultry, fish and bakery products. 5.304(3) Every licensee under this section shall maintain the standards prescribed by 5.301(7), 5.301(8) and 5.301(9) of this Code, and be subject to the same sanctions of 5.301(6) of this Code. 5.304(4) The requirement for a license under this section is supplemental to the requirement for a license under any other section of this chapter. SHALL HEREWITH BE REPEALED. Section 5: Section 5.401 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Bowling Alleys, which reads as follows, to-wit: 5.401(1) No person shall engage in the business of operating or maintaining a commercial bowling alley without a license issued pursuant to the provisions of this chapter. 5.401(2) The license application shall include a statement of the planned number of alleys, the total seating capacity, and the nature of any other licensed business currently operated or planned on the same premises. 5.401(3) The application shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 16 IS HEREWITH REPEALED, Section 5: Section 5.403 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Theaters, which reads as follow, to-wit: 5.403(1) No person shall operate or conduct a legitimate theater or moving picture theater without a license issued pursuant to the provisions of this chapter. 5.403(2) The application shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. IS HEREWITH REPEALED. Section 6: Section 5.405 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Musical Devices, which reads as follows, to-wit: 5.405(1) No person shall possess, keep, permit or maintain any mechanical musical device, as hereinafter defined, on any premises used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. 5.405(2) For purposes of this section, a "mechanical musical device" shall be defined as any device for producing, reproducing or playing musical selections or numbers, either randomly or by pre-selection or both, and which is operated by depositing a coin or token therein, or which is mechanically operated after direct or indirect payment to an operator. 5.405(3) Applications under this section shall include a statement of, (a) A general description of the device to be licensed and trade name if any, (b) The name and address of the owner of the device if other than the licensee, (c) The nature of any other general business or commercial activity carried on at the proposed place of operation of the device, REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 17 (d) The denomination of the coin or coins required for the operation of the device, or the value of the token used in lieu thereof, or a description of any other direct or indirect payment that will be received for such operation. 5.405(4) A separate license shall be required for each machine. The location of all machines operated by the same licensee may be interchanged without application therefore, provided that a notice of change of location is filed with the clerk. IS HEREWITH REPEALED. ~Section 7: Section 5.406 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Children's Amusements, which reads as follows, to-wit: 5.406(1) No person shall operate an "amusement device" as hereinafter defined, without a license issued pursuant to the provisions of this chapter. 5.406(2) For purposes of this section, an "amusement device" shall include any device used exclusively by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices not operated as a part of or in connection with any carnival, circus, show or other entertainment or exhibition. 5.406(3) An applicant under this section shall furnish the Clerk proof of a policy of liability insurance in the sum of not less than $100,000 for injury to one person and not less than $300,000 for one accident prior to the issuance of a license under this section. Said policy shall be written by an insurance company authorized to do business in the State of Minnesota. IS HEREWITH REPEALED. Section 8: Section 5.407 of Ordinance No. 853, City Code of 1977 pertaining to the licensing of Public Dances, which reads as follows, to-wit: 5.407(1) No person shall give, hold or conduct a public dance or allow a public dance to be conducted on his premises without a permit to hold, give and conduct such public dance issued pursuant to the provisions of this chapter. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 18 5.407(2) The licensing and regulations of public dances under this chapter shall be subject to and in accordance with the provisions of Minnesota Statutes 624.42 to 624.54. Said statutes shall govern over any terms contained herein which are contradictory or inconsistent therewith, except that the below named terms shall have the meanings ascribed to them: (a) "Public Dancing Place" shall mean any place which is.designed for dancing to be carried on other than a private residence. (b) "Public Dance" shall mean every dance held in a public dancing place, whether an admission fee is charged or not. 5.407(3) Application for a dance permit shall be submitted to the Clerk on forms prepared and furnished by the City. The application shall include the following information: (a) Name and address of the person, persons, organization, firm or corporation which is to conduct the dance or dances. (b) The schedule of time or times where dances are to be held, and the place for said dances. (c) The area of the dance floor, and seating capacity. (d) The application shall show affirmatively that each of the applicants, or each of the partners or officers of the corporation or organization making application is a person of good moral character and reputation in the community in which he lives; that none of the applicants, partners, or officers thereof, has been convicted of a violation of any of the provisions of M.S.A. 624.42 to 624.54 or of any ordinance or law regulating dances; that no one of the applicants, partners, or officers thereof is a keeper of a disorderly house of any kind; that the place where the dance is to be conducted will not have any "private apartments" or "private rooms" furnished or used for any other than legitimate business purposes which adjoin such dancing places or which may be reached by elevator, stairway or passageway leading from such dancing place. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 19 5.407(4) Such application shall be acompanied by the affidavits of two freeholders in the City stating that they have read the ~pplication as signed by the applicant and that all statements made therein are true to their own personal knowledge. 5.407(5) Applications shall be referred to the Chief of Police for an investigation of any past criminal record for the above mentioned crimes, by the applicant, or by any officer or partner of the named applicant. A report on such investigation shall be made to the Council. 5.407(6) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations and are adequately equipped with toilets, washrooms, lighting and ventilation. 5.407(7) Permit fees shall be established by Council resolution and may be on a pro-rated basis dependent upon the duration of the permit. 5.407(8) No public dances shall be conducted between 1 a.m. and 6 a.m. of any day except Sunday, nor between the hours of 1 a.m. and 12 noon on Sunday. 5.407(9) No permittee under this section shall permit the use of beer or intoxicating liquor upon the premises where a public dance is being conducted during the time of such dance. This provision shall not apply where the public dance is conducted at a location where the sale of beer or intoxicating liquor for consumption on the premises is allowed by other provisions of law. IS HEREBY REPEALED. Section 9: Section 5.409 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Swimming Pools, which reads as follows, to-wit: 5.409(1) No person shall operate or maintain a public swimming pool without a license issued pursuant to the provisions of this chapter. 5.409(2) For purposes of this Code, the following words shall have the meanings ascribed to them: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 20 (a) "Swimming Pool" means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving, or recreational bathing, more than 200 square feet in area or over 24 inches in depth, above or below the ground. (b) "Private Residential Swimming Pool" means any swimming pool, located on private property under the control of the homeowner, apartment owner, or land owner, the use of which is limited to swimming or bathing by members of his family, tenants, or their invited guests. (c) "Public Swimming Pool" means any swimming pool, intended to be used collectively by numbers of persons for swimming or bathing operated by any person as defined herein, whether he be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. 5.409(3) Every licensee under this section shall insure that the below named regulations are followed during hours of operation for a pool licensed under this section: (a) Pools shall be illuminated when in use after sunset. Such illumination may not be directed into or unto adjacent property and shall measure no more than one foot candle of illumination at any point on the boundary lines of adjacent property. (b) Appropriate facilities shall be provided for the safety of bathers as may be required by the Health Authority. This shall include lifesaving equipment, safety devices, lifebuoys, lifehooks, first aid kits, telephone, and adequate staff during swimming periods, who are competent in lifesaving and artificial resuscitation. Standards of competence for lifeguards shall be determined by the Health Authority. (c) Pools shall be under the supervision of a capable individual designated by the licensee, who shall assume responsibility for compliance with all provisions of this Code and regulations relating to pool operation and maintenance, and safety to bathers. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 21 5.409(4) Every licensee under this section or his agent shall exclude from the pool and pool area any swimmer, patron or any employee of the licensee who is suspected of having a communicable or infectious disease which would endanger the public health and safety. 5.409(5) The licensee or his agent shall insure compliance with all regulations for cleanliness and bacterial quality promulgated by the Health Authority and shall keep a daily record of information regarding operation, including disinfectant residuals, maintenance procedures, re- circulation, together with other data as may be required on forms furnished by the Health Authority. This data shall be kept on file by the operator for six months for review by the Health Authority or for periodic submission to the Board of Health as may be required. IS HEREWITH REPEALED. Section 10: Section 5.410 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Gambling Devices, which reads as follows, to-wit: 5.410(1) No person shall operate a gambling device or conduct a raffle, as hereinafter defined, without a license issued pursuant to the provisions of this chapter. 5.410(2) Minnesota Statute #349.26, entitled Gambling Devices, together with all amendments thereto through 1978, is hereby adopted by reference as if fully set forth herein. 5.410(3) The Council may by unanimous vote waive the bond requirement of the gambling manager. 5.410(4) The annual license fee shall be two hundred dollars ($200.00), subject to amendment by resolution of the Council pursuant to #5.103(5). 5.410(5) The licensing requirements of #5.410 shall expire at such times as the licensing requiremnts of the Minnesota State Charitable Gambling Control Board shall pre-empt such local licensing Dowers. IS HEREWITH REPEALED. Section 11: Section 5.601 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Vending Machines, which reads as follows, to-wit: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 22 5.601(1) No person shall maintain or operate a vending machine without a license issued pursuant to the provisions of this chapter. 5.601(2) For purposes of this section, a vending machine shall be defined as any self-service device which upon insertion of a coin, coins or tokens, dispenses any product, provided, however, that such shall not include (a) A "food vending machine" licensed under Article III of this chapter. (b) Any machine which upon insertion of a coin, coins, or tokens, provides an intangible service, such as a clothes washer, dryer, game of skill, or musical device. 5.601(3) License applicants under this section shall state in the application the proposed location of the machine and the nature of the item or items to be dispensed, or service to be provided. 5.601(4) A separate license shall be required for each machine. 5.601(5) The licensee shall keep all vending machines licensed under this section in good working order at all times. 5.601(6) The licensee shall keep conspicuously posted on each machine at all times the name and address of the licensee and the name, address and telephone number of the licensee at which refunds may be obtained. IS HEREWITH REPEALED. Section 12: Section 5.602 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Laundry and Dry Cleaning Services, which reads as follows, to-wit: 5.602(1) No person shall engage in the business of providing laundry or dry cleaning services without a license issued pursuant to the provisions of this chapter. 5.602(2) Licenses under this section shall be categorized as follows: (a) Laundry and dry cleaning establishment without coin-operated machines. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 23 (b) Laundromat, for the primary purpose of providing centralized self-service laundry facilities. (c) Any other coin operated self-service laundry machines. 5.602(3) License applicants under this section shall specify the type of license applied for, and indicate, as is appropriate. (a) The number and type of self-service machines to be operated. (b) The location of such machines, if not in conjunction with a laundromat. 5.602(4) The Clerk shall refer applications for a license under subsection (a) or (b) to the Chief of the Fire Prevention Bureau for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. 5.602(5) A separate license shall be required for each type of license sought. IS HEREWITH REPEALED. Section 13: Section 5.609 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Miscellaneous Businesses, which reads as follows, to-wit: 5.609(1) No person shall operate a food catering service, kennel, pet shop, miniature golf course, go kart track, gun shop or tatoo parlor without a license issued pursuant to the provisions of this chapter. 5.609(2) The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirement shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. ~REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 24 5.609(3) NO licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, a food catering service and pet shop are excluded from these restrictions. 5.609(4) No license for a gun shop or tatoo parlor shall be issued to any applicant for a location within 500 feet of any public school or church. IS HEREBY AMENDED TO READ AS FOLLOWS: 5.609(1) No person shall operate a ~eed-~~3--~bee, kennel, pet shop, m~a~u~e-~-~'ee~ms~,-~3~4ee~t~a~k, gun shop e~ ~a~-~e~without a license issued pursuant to the provisions of this chapter. 5.609(2) The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirements shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. 5.609(3) No licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, a food catering service and pet shop are excluded from these restrictions. 5.609(4) No license for a gun shop ~-~e~e-~~ shall be issued to any applicant for a location within 500 feet of any D~b~e school or church. Section 13: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: October 14, 1996 October 28, 1996 October 28, 1996 Offered by: Seconded by: Roll Call: Jones Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Secretary to the City Council REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 25 b. First Reading of Ordinance No. 1335 Being an Ordinance Pertaining to Fences and Retaining Walls Construction The City Manager explained that this ordinance will eliminate the requirement for a building permit to install a fence except for fences six feet or higher. The elimination of required permits for fences under six feet will no longer require the City to locate property irons for homeowners and contractors thereby eliminating the liability the City has relative to fences. The ordinance will also simplify construction material requirements and construction standards. Councilmember Ruettimann had a question concerning a fence which may be placed on a deck. The Public Works Director will address this matter before the ordinance receives it second reading. Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO.1335 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence without securing a permit therefor from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 26 6.401 (3)The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed' fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy of the written agreement shall be filed with the application for permit. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City; provided, however, that such materials may be used below the fill line in retaining walls, free standing walls or other fences that are partially below ground. Minimum standards for construction of fences, free standing walls and retaining wall shall be prescribed hereinafter. 6.402 (2) The woven wire fence type shall be constructed in the following manner: (a) The fence shall be of a chain link type. (b) The fence shall be a minimum of eleven (11) gauge steel, with a two-inch maximum mesh. (c) The fence shall be constructed with fabric on the outside so that the unfinished side, if any, faces the property on which the fence is constructed. (d) The fabric shall have the knuckles up and the cut edge down. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 27 (e) Materials are required to be of a hot dipped galvanized nature or equal. (f) There shall be no greater that ten feet lineal distance between posts. 6.402 (3) The alternating board type (vertical, horizontal, or louver) shall be constructed in the following manner: (a) Boards of a dimension less than 13/16" by less that 3-1/4" will be prohibited. (b) Fences constructed of materials other than tamarack, cedar, cypress, or redwood will be treated with a weather preservative. (c) The minimum post dimensions required are 3-1/4" by 3- 1/4". (d) No greater than eight (8) feet will be allowed for post spacing. (e) Fastening nails shall be two and one-half (2-1/2) inches long and other hardware shall be aluminum alloy or hot dipped galvanized or equal. (f) Fastenings made of corrosive metal shall not be used. (g) The fence shall be constructed with the supporting posts on the inside, when possible, so that the finished side does not face the property on which the fence is constructed. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or-prevent erosion. (b) They shall be designed in accordance with sound engineering practice. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) Ail walls, block or stone, shall be placed in four (4) inch concrete footing. The width shall be determined by the height of the wall. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 28 (e) The face of the wall shall be slanted back by no less than a 3 degree angle. (f) Drains shall be pla6ed in walls made of blocks or poured concrete at such levels as are determined by the Building Official. The Building Official shall also determine the number and distance between such drains. (g) The retaining wall or free standing wall shall be constructed with supporting posts and footings on the inside of the wall so that the finished side does not face the property on which the fence is constructed. (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of terraced walls or fences, each span of such terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this chapter and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A privacy fence may be constructed only if: (a) Ail property owners abutting said fence present a written agreement consenting to the approval of the same. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 29 The Building official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (c) Any such fence will not be more than 42 inches high if constructed or maintained as follows: 1. In any front yard or near the side lot line of the property upon which such fence is to be constructed. 2. At any point which lies in the front and or to the side of any house built on property adjacent to the property upon which such fence is to be constructed. 3. At any point which lies in front and or to the side of any house on the lot upon which such fence is to be constructed. 6.403 (4) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended bythe Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing by said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. is hereby amended to read as follows: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. 'REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 30 (b) (c) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. Front yard is any portion within the front yard setback. 6.401 (3) The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A-ee~-e~4~e w~em-a~3~eemem~-eh~l-} ~e-~e~-~i~h-~4~e-~o~ml~4~~~. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. ~e¥~e~? heweve~?-~ha~-s~eh ma~e~a~s-may-~e-~se~-~e~ew-~he-~½~-~e ~-~e~a~-wm~s?-~ee-s~m~-w~s-e~ e~he~-~e~ees-~he~ a~e--~)e~i~-~~--~. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) Ail fences shall be constructed of the following approved fencing materials: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 31 (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11-1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) Ail fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable w~h-sup~e~-pes~s-a~d-~ee~s-e~-~he-~s~e-e~-~he em-wh~eh-ehe-~emee-~s-eemse~eeed. (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence, to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 32 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A six (6) foot or higher privacy fence may be constructed only if: (a) All property owners abutting said fence present a written agreement consenting to the approval of the same at time of submitting an application. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. 6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high if constructed anywhere within the front yard setback areas and/or if a corner lot, within the side yard setback areas on the corner side. 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended bythe Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 33 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 28, 1996 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1335 for November 12, 1996 at approximately 7:00 p.m. Roll call: All ayes C. Firs~ Reading of Ordinance No. 1336 Bein~ an Ordinance Conveying Real Estate Motion by Ruettimann, second by Peterson to waive the reading of Ordinance No. 1336 there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1336 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 51ST AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto the Columbia Heights Economic Development Authority, Minnesota, a public body, corporate and politic, the real property described as follow, to wit: The North 3.6 acres of Lots 7 and 8, Auditor's Subdivision 51, City of Columbia Heights, Anoka County, Minnesota PIN # 26-30-24-11-0009 (portion) Section 2: The Mayor and City Manager are herewith authorized to execute a quit claim deed to effectuate the conveyance of said real estate for $360,000 contingent upon successful release/satisfaction of the LAWCON Grant encumbrance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 28, 1996 Motion by Ruettimann, second by Peterson to schedule a second reading of Ordinance No. 1336 for November 12, 1996 at approximately 7:00 p.m. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 34 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances There were no other ordinances or resolutions. B. Bid Considerations 1) Authorize Staff to Seek Informal Bid~ Motion by Peterson, second by Ruettimann to authorize staff to seek informal bids for the purchase of t-shirts, caps, uniforms and equipment. Roll call: All ayes 2) Award Ouote for Sanitary Sewer Repairs The Council authorized staff to seek quotes for the sanitary sewer repairs on Third Street between 37th and 3$th Avenues; Fourth Street between 41st and 42nd Avenues; and, 43rd Avenue between Pierce Street and McLeod. Motion by Jolly, second by Jones to award the sanitary sewer repairs on Third Street, Fourth Street and 43rd Avenue (Bid A) to F.M. Frattalone Excavating of Little Canada, Minnesota, based upon their low, qualified responsible quote in the amount of $21,200.00 with funds to be appropriated from Fund 652-49499-5130, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Other Business 1. Murzyn Hall Incident/Honeywell Contract The City Manager reviewed the incident with the boiler at Murzyn Hall. He sent a letter to Honeywell regarding its contract with the City. There were some areas of concern regarding compliance with the contract which needs clarification. The City Attorney will review the contract as staff is not sure services supplied by Honeywell are meeting the requirements of the contract. There are four years remaining on the contract. Staff does not want the incident with the boiler repeated as it had the potential for significant damage. The City Manager noted that three pieces on the boiler were defective and would be replaced. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 35 Honeywell staff did not appear to be too interested in determining which of these three pieces failed. The City Manager insisted they follow up with an investigation and report their findings to him so he can review them with the City Council. Councilmember Jolly was advised that the three parts would be replaced. He also felt a review should be done to identify which part failed and why. The Councilmember noted he wished to be included in the meeting with Honeywell employees. Honeywell records indicate that Murzyn Hall had been inspected by their employees in July of this year. The State inspectors will be inspecting the boiler and will follow up on the Honeywell inspection as well. Councilmember Ruettimann requested that information be gotten from staff in all buildings monitored by Honeywell. The information should include control problems being experienced, hot and cold spots in the buildings and any trouble spots. Administrative Reports A. Report of ~he City Manager The City Manager drafts an information sheet on a weekly basis which includes reports from all city departments. This sheet is distributed to members of the City Council and city employees. He had no additional information to report. Councilmember Ruettimann inquired about the schedule being kept on the LaBelle Pond project. The Public Works Director responded that rain has slowed the schedule down somewhat. Staff is currently looking at unique ways to clean the pond. Riprap is being used on the inlets into the pond. Councilmember Jolly requested an update on the sewer project at Sullivan Lake. The Public Works Director advised that this project was completed last week. The wrap-up this week will include filming the project which was also done before it commenced. He invited members of the Council to view the completed project. Councilmember Ruettimann asked if Public Works staff is working on the graffiti problem being experienced in the City. The Public Works Director noted that a two-person crew is working on graffiti removal on almost a daily basis. .REGULAR CouNCIL MEETING OCTOBER 28, 1996 PAGE 36 There are reports made daily to the Police Department regarding this problem. Property owners are also being advised of a product which can be used to which paint won't adhere. The Public Works Director will again contact Anoka County to advise them of the graffiti at Kordiak Park. This has been a particularly troublesome area. e 10. 11. General Council Communications Minutes from the following meetings were included in the agenda packet: October 9, 1996 Economic Development Authority meeting October 1, 1996 Library Board of Trustees meeting October 15, 1996 Library Board and City Council budget meeting Citizens Forum There was no one present for Citizens Forum. Adjournment Motion by Ruettimann, second by Peterson to adjourn the meeting at 7:30 p.m. Roll call: All ayes yor Joseph Sturdevant o-Anne Studen,~ouncil Secretary