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.
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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
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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
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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.
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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.
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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.
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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
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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
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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:
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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.
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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