HomeMy WebLinkAboutOctober 14, 1996OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
ROLL CALL/CALL TO ORDER
Mayor Sturdevant and Councilm~mbers Jones,
and Peterson were present.
Jolly, Ruettimann
Mayor Sturdevant called the Council Meeting to order at 7:03
p.m.
2. pLEDGE OF ALLEGIANCE
3. ~DDITIONS/DELETIONS TO MEETING AGENDA
The following were additions and corrections to the meeting
agenda:
a) One correction to page #9 in the minutes of the September
23, 1996 Regular Council Meeting.
b) Addition of 7-c-4; Approval of starting rate for Police
Department Secretary II-A position
c) Memo dated September 25, 1996 from Lowell DeMars which
addresses rental license fees.
4. CONSENT AGENDA
Motion by Peterson, second by Jones to approve the following
items on the Consent Agenda:
Adoption of Council Minutes
The Council approved the adoption of the minutes of the
Regular Council Meeting of September 23, 1996 as presented.
Establish Work Sessions for October
The Council established Monday, October 14, 1996 (immediately
following the City Council Meeting) and October 21, 1996 at
7:00 p.m. as City Council work session dates.
Approve Recreation Director's Attendance at MRPA State
The Council authorized the attendance of the Recreation
Director at the Minnesota Recreation and Park Association
state conference to be held in Duluth, Minnesota, from
November 5 - 8, 1996; and authorized that all related expenses
be reimbursed from Funds 101-45000-3105 and 101-45000-3320.
Approve Variance for Bruce Lamo. 2129 No. Upland Crest. Case
The Council approved the 3.75 foot front yard setback variance
for 2129 No. Upland Crest due to the hardship of the
topography of the lot and tree location.
.REGULAR CouNCIL MEETING
OCTOBER 14, 1996
PAGE 2
Authorize Lease Agreement with NEI-College of Technology and
Recreation Department
The Council authorized the Mayor and City Manager to enter
into a lease agreement with NEI-College of Technology for the
Recreation Department's use of NEI's gymnasium from September
1, 1996 through May 31, 1997.
Approve Revised Murzyn Hall Lease Agreement
The Council approved the revised Murzyn Hall lease agreement
as outlined in the September 25, 1996, submittal by the Park
and Recreation Commission.
Authorize Installation of "Values First" Signs Throughout the
City
The Council authorized staff to place up to 50 "Values First"
signs throughout the community in order to serve as a reminder
to our citizens and to support our "Values First" effort.
Accept $1o000 Donation from the Columbia Heights Lions Club
The Council accepted the $1,000 donation from the Columbia
Heights Lions Club for the 1996 City fireworks display and the
cash amount reflected in the 881 budget account.
Change Council Meeting Date of December 9. 1996 to December 2.
1996
The Council approved changing the date of the first Council
Meeting in December from December 9, 1996 to December 2, 1996
at 7:00 p.m.
Approval of License Applications
The Council approved the 1996 license applications as listed
upon payment of proper fees and approved the rental housing
licenses as listed on the October 14, 1996 memorandum from
Lowell DeMars.
Approval of Pa_vment of Bills
The Council approved the payment of the bills as listed out of
proper funds.
ApDrQval of Resolution No. 96-60 Being a Resolution Approving
~he 1997 License Fee Schedule.
The reading of the resolution was waived.
RESOLUTION NO. 96-60
ADOPTING 1997 BUSINESS LICENSE FEES
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 3
5
WHEREAS:
Ordinance No. 853, City Code of 1977, pertaining to
commercial licensing regulations provides for the
establishing of annual license fees; and
WHEREAS:
The City has participated in a survey of
metropolitan municipalities regarding business
license fees charged by other communities; and
WHEREAS: The City is attempting to maintain business
licenses which are comparable; and
WHEREAS:
The City annually reviews its business license fee
schedule;
NOW, THEREFORE, BE IT RESOLVED that the attached proposed
license fee schedule be adopted and effective January 1, 1997.
Passed this 14th day of October, 1996.
Roll call on Consent Agenda: Ail ayes
RECOGNITION. PROCLAMATIONS. PRESENTATIONS AND GUESTS
There were no items for this portion of the meeting.
6. PUBLIC HEARINGS
a. Resolution No. 96-61 Beina a Resolution ApDroving
Revocation of Rental License for. 3849 Jackson Street
Firefighter Gorman gave an update on this rental property. The
property owner has been non-responsive to information
requested regarding the license. He also advised the water has
been shut-off in the building and there may still be tenants
residing in the second floor unit. The lower floor is owner-
occupied.
Motion by Peterson, second by Jolly to close the public
hearing on the license revocation for 3849 Jackson Street.
Roll call: All ayes
Motion by Peterson, second by Sturdevant to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 4
RESOLUTIQN NO, 96-61
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE
SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE
HELD BY NANCY SHALEEN, (HEREINAFTER "LICENSE HOLDER")
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 3849 JACKSON STREET, COLUMBIA HEIGHTS,
MINNESOTA, AND
WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION
5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND
REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS
GIVEN TO THE LICENSE HOLDER ON OCTOBER 3, 1996, OF A PUBLIC
HEARING TO BE HELD ON OCTOBER 14, 1996.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL
ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
FINDINGS OF FACT
1. That on June 1, 1996, Lowell DeMars, Enforcement Officer,
for the City of Columbia Heights, mailed re-licensing
applications to Ms. Nancy Shaleen, owner of the real property
and incidental buildings located thereon at 3849 Jackson
Street, within the City of Columbia Heights, Minnesota, and
owned, according to the application for rental license on file
for the above-described real property by Nancy Shaleen.
2. That on two other occasions, re-licensing applications were
mailed to Ms. Shaleen with a response from Ms. Shaleen on
Friday, October 4, 1996, that she would return the re-
licensing application to this office on Monday, October 7,
1996, and that as of Wednesday, October 9, 1996, Ms. Shaleen
has failed to return the required application and fee.
3. That all parties, including the License Holder and any
occupants or tenants, have been given the appropriate notice
of this hearing according to the provisions of the City Code
Section 5A.306(1) and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
1. That the building located at 3849 Jackson Street is in
violation of the provisions of the Columbia Heights City Code.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 5
2. That all relevant parties and parties in interest have been
duly served notice of this hearing and any other hearings
relevant to the revocation or suspension of the license held
by License Holder.
3. That all applicable rights and periods of appeal as
relating to the license holder, owner, occupant, or tenant, as
the case may be, have expired, or such rights have been
exercised and completed.
ORDER OF COUNCIL
1. The rental license belonging to the License Holder
described herein and identified by license number F-1192 is
hereby revoked/suspended (cross one out);
2. The City shall post for the purpose of preventing
occupancy, a copy of this order on the buildings covered by
the license held by License Holder.
3. Ail tenants shall remove themselves from the premises
within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
Passed this 14th day of October, 1996.
Offered by:
Seconded by:
Roll call:
Peterson
Jolly
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
b. Resolution No. 96-62 Being a Resolution ADProving
Revocation of Rental Property License for 4222 MonrQe Stree%
Firefighter Gorman was advised by the owner of 4222 Monroe
Street he intends to remove the tenant from the property and
is putting the building up for sale. To date, neither one of
these actions appeared to have occurred.
Motion by Peterson, second by Jolly to close the public
hearing regarding the rental license revocation for 4222
Monroe Street. Roll call: All ayes
Councilmember Jolly felt staff should add a motion on the
agenda which addresses the closing of a public hearing.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 6
The City Attorney advised this can be done by the Mayor and
would not require a formal motion. The City Manager will
pursue a form which is workable for this situation.
Motion by Peterson, second by Jones to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 96-62
RESOLUTION OF THE CITY COUNCIL FOR THE
CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION
PURSUANT TO ORDINANCE CODE SECTION 5A.408(1)
OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE
HELD BY ROBERT C. WITT
(HEREINAFTER "LICENSE HOLDER")
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4222 MONROE STREET, COLUMBIA HEIGHTS,
MINNESOTA, AND
WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION
5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND
REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS
GIVEN TO THE LICENSE HOLDER ON OCTOBER 3, 1996, OF A PUBLIC
HEARING TO BE HELD ON OCTOBER 14, 1996.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
~INDINGS OF FACT
1. That on June 1, 1996, Lowell DeMars, Enforcement Officer,
for the City of Columbia Heights, mailed re-licensing
applications to Mr. Robert C. Witt, owner of the real property
and incidental buildings located thereon at 4222 Monroe
Street, within the City of Columbia Heights, Minnesota, and
owned, according to the application for rental license on file
for the above-described real property by Robert C. Witt.
2. That on one other occasion, re-licensing applications were
mailed to Mr. Witt with a response from Mr. Witt that he would
be removing the current tenant from the property and place the
property for sale.
· REGULAR CouNcIL MEETING
OCTOBER 14, 1996
PAGE 7
3. That all parties, including the license holder and any
occupants or tenants, have been given the appropriate notice
of this hearing according to the provisions of the City Code
Section 5A.306(1) and 5A.303(1)(d).
4. That on October 8, 1996, firefighter/inspector Gary Gorman
hand delivered a hearing notice to the current tenant and in
conversation with the tenant, was informed that, in fact, Mr.
Witt had given the tenant no notice to move.
CONCLUSIONS OF COUNCIL
1. That the building located at 4222 Monroe Street is in
violation of the provisions of the Columbia Heights City Code.
2. That all relevant parties and parties in interest have been
duly served notice of this hearing,and any other hearings
relevant to the revocation or suspension of the license held
by License Holder.
3. That all applicable rights and periods of appeal as
relating to the License Holder, owner, occupant or tenant, as
the case may be, have expired, or such rights have been
exercised completed.
ORDER OF COUNCIL
1. The rental license belonging to the License Holder
described herein and identified by license number F-1049 is
hereby revoked/suspensed;
2. The City shall post for the purpose of preventing occupancy
a copy of this order on the buildings covered by the license
held by License Holder;
3. Ail tenants shall remove themselves from the premises
within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
Passed this 14th day of October, 1996.
Offered by:
Seconded by:
Roll call:
Peterson
Jones
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 8
c. First Reading of Ordinance No. 1333 Being an Ordinance
Repealing Certain Sections From License Ordinance Section of
the City Code
The City Manager advised this matter had been addressed by a
committee during many meetings. It has also been a topic of
discussion at a recent Council work session.
Motion by Peterson, second by Jones 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
REOUIREMENTS OF THE CITY
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 5.201 of Ordinance No. 853. ¢~ty Code of
1977. pertaining to the licensing of Auctioneers, which reads
as follows, to wit:
5.201 fl~ No person shall engage in or conduct business as an
Auctioneer without a license issued prusuant to the provisions
of this chapter.
fa~ 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 th~
license aDDlication,
Cb) A separate license shall be required for each
agent or employee of a licensee who is directly or
indirectly selling auctioned items.
~.201 (2~ The Drovisions of this section shall not apDlv to
sales made bv sheriffs, coroners, constables, tax collectors.
or sales of personal property under chattel, mortgage or other
.REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 9
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 foll~w~.., to-wit~
5.301 (11 No person shall engage in or conduct business
operating a food establishment without a license issued
pursuant to the provisi9ns Q~ this chapter.
Licenses issued under ~his section shall be categorized
on the following basis:
Class
Class
Class
Class
Class
Itinerant Food Establishments
Food Catering.Vehicle
Food Vending Machine
Restaurant
Drive-In Restaurant
5.301 (2~ FQr DUrDoses Q~ this ~Qde, the following words shall
have the meaning ascribed to them and such definitions shall
apply in the interpretatioD and enforcement of thi~
(a%"Food Establishment" means any buildina, room.
m~chine stand, enclosure, vehicle, space, area or
other place wherein food is stored or prepared,
served, and sold primarily for immediate
consumption.
(bi "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 thaD
a catering food vehicle.
(c~ "Food Catering Vehicle" means any vehicle used
~o transport food from its point of preparation or
Dlace of distribution to a place where the food i~
~old and served directly from the vehicle %Q th~
consumer, any vehicle wherein food is prepared for
sale and service to the consumer, or any vehicl-
wherein perishable food or dairy products ar~
stored for or delivered to customers on a reaular
Foute for either immediate or future consumption.
Cd) "Food Vending Machine" means any self-servic~
~evice which uPOn insertion of a Coin. coins or
~9kens, dispenses unit servings of food. beveraq~
~r ice. either in bulk or in packages.
REGULARA COUNCIL MEETING
OCTOBER 14, 1996
PAGE 10
(el "Restaurant" mpans any building wherein food is
preDared, served and sold for immediate consumption
therein, and not operating for a temporary period.
(fl "Drive-In Restaurant" means any restaurant as
defined above that also pr~par~ food for carry-out
and immediate consumption in motor vehicles parked
adjacent to the restaurant.
(gl "Adulterated Food" means any food which bears
Qr contains any poisonous Or deleterious substance
which maybe injurious to health, provided however.
that wher~ such food b~ars or contains any such
substance .for which a safe tolerance or standard
has been established by lawful regulation, or law.
~uch 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
Droduct of decayed or decomposed substance, or
GQnsists in whole or in part of the Droduct of a
diseased animal, or an animal which has died by
~ccident. disease, or other than by slaughter: or
contained in an immediate package which is composed
Of any poisonous or deleterious substance which may
render %be contents ~Djurious to health.
(hi "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 process~
subs%ance, non-alcoholic beveraae or ingredient.
which is used or intended for use in whole or in
part for human consumption, including ice and
(j)"Food Contact Surfaces" means those surfaces of
the equipment and utensils with which food normally
comes into contact or may come into contact.
(kl "Misbranding" means the use of any written.
printed, or araphic matter upon or accompanying
products or containers of food. including signs, or
placecards, displayed in relation to such Droducts
~Q dispensed, which is false or misleading, or
which violates any local, state or federal labeliB~
requirements.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 11
(1) "Perishable Food" means food consisting of
fresh fruits or veaetables.
(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-organism~ 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 kood so low in moisture content as to
preclude development of micro-oraanisms.
(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.
~O~ "Wholesome" means food which is sound.
healthful, clean, unadulterated and in all ways fit
for human consumption.
~.30~ (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
Glass food establishment.
A Class 5 license shall be in lieu of a Class 4 license.
add Do person shall be reouired to obtain both licenses
for a food establishment oDerating 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.
~,~01 (4) License apDlicants under this section shall provide
the following information in the license application as is
appropriate:
fa) 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
$gmporary food establishment, indicatino the nature
of any commercial activity that will be going on~
~nd the requested term for the license.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 12
lc% For a ¢las~ 2 lic~Dse, the place where food
will be prepared and ~be 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 ~nd ~ddr~ss of the
owner if different from the license applicant.
Cd~ 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 o~ th~ restaurant.
(f) For a Class ~ license, th~ proposed seatina
capacity in the building and the proposed number of
parking spaces in the lot.
(g% A list of all food service licenses or permits
issued to the applicant by any municipality of the
State of Minnesota within th~ preceding thre~
years, toaether with a statement of whether any
such license Qr permit was suspended or revoked,
and a statement of facts pertainina thereto.
(hi 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 ~ Class 1, 4
or Clas~ 5 license to the Chief of the Fire Prevention Bureau
and the Buildina Inspector for an inspection of the premises
and a report indicating whether the premises are in compliaD~e
with applicable ordinances and regulations.
5.301 ~6) Every licensee under this section shall at all time~
maintai~ required minimum food. health and sanitation
standards as are hereinafter provided, or as may b~
promulgated by the Health Authority.
(a) The licensee shall abide by any written orOer
Qf the Health Authority that is issued to abate an
unsanitary or unhealthy condition.
(b} The licensee shall take steDs to abate any
unsanitary or unhealthy condition after receipt Of
~ warnin~ ta~ describing such condition from the
Health Authority.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 13
(C~ Failur~ of a lioens~e tQ 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, pr such other action restricting the
privileges of ~he liGensee as the Council may
determine. Repeated i~suance of warning tags to
the licensee shall also be arounds for license
revocation, suspension, or other restriction by the
5.301 (7~ Every licensee under this section shall maintain the
following standards relating to food:
fa% Food s~all be kept clean, wholesome, and free
£.rom spoilage, adulteration, or misbranding. Food
~all be prepared, processed, handled, packaged.
transported, and stored so as to be protected frQ~
GQntamination and spoilag~ and safe for humaD
oonsumption.
(b~ Milk and fluid milk products shall be Grade
"~". Poultry. meat~ and Doultr¥ and meat prQduc~s
~hall be U.S.D.A. approved, or approved by
aDPropriat~ state d~si~nated agencies or of $icials,
[C% Ail foods shall be protected against
contamination, from work surfaces which are not
clea~.~ utgnsils which have not been sanitized,
unnecessary handling, flooding from sewage or
~r~inage overflow, overhead moisture leakage, dust,
flies, insects, rodents, other vermin, or any other
~urce of contamination.
(d% Perishable foods shall be stored a% such
temperatures as will provide protection agains%
spoilage. Readily perishable foods shall bg. stor~d
at or below 40 degrees F. or at or
dearees F. Frozen food shall be stored at or below
O degrees F.
5.301 ~8} Every_ licensee under this section shall maintain and
enforce the following standards relating to food service
(a} All 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.
-REGULAR CouNCIL MEETING
OCTOBER 14, 1996
PAGE 14
Cb~ All persons shall wash their hands thoroughly
before starting work. and before resuming work
after visitina the rest room. and as often as is
necessary to re~ove soil and ~ontamination.
fc~ Tobacco in any form shall not be used by
persons while engaged in handling, preparing or
serving food. or cleaning utensils and equipment.
rd) No person infec%ed with a communicable disease
or illness, or other Dhysical condition such as
boils, open sores. 9r oDen wpunds shall be
permitted to perform duties as a food service
emDloyee 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 Dlace for employees.
5,301 (9~ Every licensee under this section shall maintain the
folloiwn~ standards for cleanliness and sanitation Q£
equipment and utensils.
f~) ~11 new and replacement equipment and utensils
shall be of such materials, workmanship, and design
~s to be smooth: easily cleanable: resistant
wear. denting, buckling. Pitting, chipping and
razing: and capable of withstandina scrubbing.
~couring. repeated corrosive action of cleaning
compounds, and other normal conditions
operations.
Food ¢O~tact 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. "
REGULAR COUNC'IL MEETING
OCTOBER 14, 1996
PAGE 15
(bi Cleaning and sanitation of utensils may be by
chemical method or b~ 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
saDitized and stored in such a manner as to be
protected from contamination.
5,901 fl0~ 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:
(~) 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.
add free from flies, insects and offensive odors.
~ot ~d cold runniDg water, hand cleansing
compound, sanitary towels or hand-dryin~ devices.
and toilet ti~su~ shall be provided. Hand washing
facili%ies shall be provided within all areas where
~OQ~ is prepared. No private facilities of an
~jQining residence shall be used to comply with
%he provisions of this section.
(bi All garbage and refuse shall, prior tQ
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 us~.
All other refuse shall be stored in containers,
rooms, or areas, in a manner approved by the Health
Authority. The rooms, enclosures, areas, a~
~QDtainers used should be adequate for the storage
Of all garbage and refuse accumulating on
premises. Adequate cleaning facilities shall be
provided, and each container, room. or area shall
~ thoroughly cleaned after the emptying or removal
Of garbage and refuse. Ail ~arba~e_ and refus9
shall be disposed of with sufficient frequency and
in such a manner as to prevent a nuisance.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 16
(c~ Ail floors shall be kept clean and in aood
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 ceilinas of all rooms shall be
kept clean and in good repair. All walls of
rooms or areas in which food is prepared, or
utensils or hands are washed, shall have
easily cleanable, washable surfaces up to the
~ghest level reached by splash or spray.
(d) Ail 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 ventilation 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 launderina. No live
birds or animals shall be allowed in any area where
food is prepared, stored, or served, provided, that
~uide dogs accompanying blind persons may be
permitted in the dining areas of a food
establishment.
5,301(11) The followina conditions shall apply to licenses
issued under this section:
Ca) No Class 2 licensee shall operate a catering
vehicle between the hours of 12 p.m. and 5 a.m.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 17
(bi Every Class ~ licensee sha~l maintain quiet and
good order upon the premise~ and not permit
disorderly or immoral conduct or loitering thereon.
nor shall he cause or per,it any noise or nuisance
on the parking area of ~he drive-in restaurant
whereby the quiet and good order of the
neighborhood are disturbed.
The licensee shall provide no less than two
receptacles for receiDt 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:
"Cruising in or congregating or loiterina
Dutside of a motQr vehicle ks unlawful. No
unoccupied vehicles may be left on the
Dremises without the consent of the restaurant
operator".
.lc/ The term Qf a Class 1 licensee shall be as determined
by the Council. notwithstanding 5.103f11(a/ of this Code,
5.301(121 The following persons
establishment licensing, to-wit:
are exempt from food
(al A person whose place of business is a carnival,
circus or fair and who holds a license pursuant tQ
Minnesota Statutes Chapters 28A or 157,
(bi Cafeterias or restaurants located in private
businesses:
(il which are not open to the general
public;
(iii which are incidental to the
princiDal business in which they are
located, and
(iiil which are inspected and licensed by
~he Anoka County Health Department.
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:
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 18
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.
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 licgnsing 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.
SHA~ MEREWITH 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:
'REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 19
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.
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.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 20
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,
(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.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 21
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.
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:
~ "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
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 22
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.
5.407(4) Such application shall be accompanied by the
affidavits of two freeholders in the City stating that they
have read the application 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:
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 23
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:
(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.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 24
(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.
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 powers.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 25
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:
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.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 26
5.602(2) Licenses under this section shall be categorized as
follows:
(a) Laundry and dry cleaning establishment without
coin-operated machines.
(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.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 27
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 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
kennel, pet shop, m~a~e-~e-l~-~'e~mse~,-~3~4~e~t~~, gun
shop er ee~ee-p&~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.
5T$e9%~%-Ne-}~eeesee-un~er-eh~s-seee&em-may-eee~uee-bue~mess
be~weefl-~he-heu~s-ef-geeepTm~-~fl~-9699-eTm~-e~-~he-~e~ew~
~ey~--Ne~w~hs~a~-~he-~e~e~e~§T-e-~ee~-efl~e~-se~w~ee
e~-pee-shep-are-exe}e~e~-frem-~hese-reser~e~e~s=
5.609(3) No license for a gun shop e~-~e~-~l~ shall be
issued to any applicant for a location within 500 feet of any
pub}~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: October 14, 1996
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 28
7. ITEMS FOR CONSIDERATION
A. Other Resolutions and Ordinances
1. Resolution No, 9~-63 Being ~ ~solution Establishing
Amount of Assessments to be Levied
Motion by Jolly, second by Sturdevant to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 96-63
BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE
AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS
TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by
motion on the 9th day of September, 1996, ordered a special
assessment hearing to levy the cost of improvements, and
WHEREAS, the following projects will be specially assessed on
November 18, 1996, and a portion of the costs may be borne by
the City.
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota
Statutes 429.061, and City Code 4.103, that the breakdown is
as follows:
PIR PROJECT
CITY PORTION
915 Project 9601
Zone I sealcoat
$14,497.34
$84,314.31
$98,811.65
921 Project 9515
Alley, W of Quincy,
37th-38th
7,394.68 2,841.60 10,236.28
Passed this 14th day of October, 1996.
Offered by:
Seconded by:
Roll call:
Jolly
Jones
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 29
2. Resolution No. 96-64 Being a Resolution Dedicatina
Hillcrest Property as Park Land
Councilmember Ruettimann questioned the wisdom of dedicating
this parcel at this time. He felt it may be better to delay
this action until the tracks, which are located on the parcel,
are removed.
Councilmember Jolly felt the dedication had to be done at this
time and the proposed timeframe was necessary. Councilmember
Peterson agreed.
The Public Works Director advised that a portion of the tracks
located west of the park are currently being used by a local
business. He feels it is the intention of the railroad company
to eventually abandon all of the tracks in this area
Motion by Jolly, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 96-64
BEING A RESOLUTION DEDICATING TRACT D, RLS NO. 159, ANOKA
COUNTY AS PARK LAND
WHEREAS, the City Council of Columbia Heights determined that
it was in the best interest of the community to sell a portion
of Sullivan Lake Park to allow the expansion of an adjacent
business, and,
WHEREAS, Sullivan Lake Park has been developed in part using
LAWCON funds, and,
WHEREAS, the agreement with the Minnesota Department of
Natural Resources for the LAWCON grant stipulates that any
conversion of property from park use to another use requires
replacement of the park land with other property of equal or
greater market and recreational value and,
WHEREAS, Tract D, Registered Land Survey No. 159, Files of
Registrar of Titles, County of Anoka, State of Minnesota,
which is adjacent to Huset Park, has been purchased by the
City of Columbia Heights, and,
WHEREAS, the Minnesota Department of Natural Resources and the
National Park Service have approved said Tract D, RLS No. 159
as replacement park land,
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 30
NOW, THEREFORE, BE IT RESOLVED that Tract D, Registered Land
Survey No. 159, Files of Registrar of Titles, County of Anoka,
State of Minnesota be dedicated as park land and become part
of Huset Park.
Dated this 14th day of October, 1996.
Offered by:
Seconded by:
Roi1 call:
Jolly
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing resolution is a true and
correct copy of a resolution presented to and adopted by the
City Council of Columbia Heights at a meeting hereof held in
the City of Columbia Heights, Minnesota, on the 14th day of
October, 1996, as disclosed by the records of said City in my
possession.
Jo-Anne Student, Deputy City Clerk
3. Resolution No. 96-65 Being a Resolution Stating the City
of Columbia Heights' Support for the Minnesota Livable
Communities Act
The City Manager advised this is the second year for this Act.
Columbia Heights did apply last year and may apply for funding
this year.
Motion by Jones, second by Jolly to waive the reading of the
resolution there being ample copies available for the public.
Roll call: All ayes
~ESOLUTION NO. 96-65
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT
REGULAR CouNCIL MEETING
OCTOBER 14, 1996
PAGE 31
WHEREAS, the Metropolitan Livable Communities Act (Minnesota
Statutes Section 473.25 to 473.254) establishes a Metropolitan
Livable Communities Fund which is intended to address housing
and other development issues facing the metropolitan area
defined by Minnesota Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising
the Tax Base Revitalization Account, the Livable Communities
Demonstration Account and the Local Housing Incentive Account,
is intended to provide certain funding and other assistance to
metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to
receive grants or loans under the Metropolitan Livable
Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and
Economic Development unless the municipality is participating
in the Local Housing Incentives Account Program under the
Minnesota Statutes Section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the
Metropolitan Council to negotiate with each municipality to
establish affordable and life-cycle housing goals through
preparation of the Housing Action Plan; and
WHEREAS, a metropolitan area municipality which elects to
participate in the Local Housing Incentives Account Program
must do so by November 15 of each year; and
WHEREAS, for calendar year 1997, a metropolitan area
municipality that did not participate in the Local Housing
Incentive Account Program during the calendar year 1996, can
participate under Minnesota Statutes Section 473.254 only if:
(a) the municipality elects to participate in the Local
Housing Incentives Account Program by November 15, 1996;
and,
(b) the Metropolitan Council and the municipality have
successfully negotiated affordable and life-cycle housing
goals for the municipality;
NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia
Heights hereby elects to participate in the Local Housing
Incentives Program under the Metropolitan Livable Communities
Act during the calendar year 1997.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 32
Passed this 14th day of October, 1996.
Offered by:
Seconded by:
Roll call:
Jones
Jolly
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. Bid Considerations
1. Award Contract for Retaining Wall Repair Along Sullivan
The Public Works Director advised this repair should take
about two weeks to complete.
Motion by Jones, second by Jolly to award the Sullivan Lake
retaining wall repair to Atlas Foundation Company of Rogers,
Minnesota, based upon their low, responsible quote in the
amount of $8,200, and furthermore, to authorize the Mayor and
City Manager to enter into an agreement for the same. Roll
call: All ayes
2. Authorize Continued Software Maintenance SUDDort for
ARC/InfQ Softwar~
To stay current on upgrades to the software for G.I.S., the
City needs to maintain the annual software maintenance
agreement. The agreement provides the City with free updates
to the software and free phone consultation with the provider.
Councilmember Ruettimann inquired how much information has
been put into the G.I.S. The response was that, to date, only
25% to 30% is currently in the system. The City has had the
system for six years.
Councilmember Ruettimann felt staff from somewhere was needed
to put in the updates. The Public Works Director advised a
joint powers agreement has been explored with the cities of
Andover and Fridley to hire a consultant for a year to work on
updating in all three cities.
.REGULAR CouNCIL MEETING
OCTOBER 14, 1996
PAGE 33
Counc~lmember Ruettimann suggested staff should pursue the
hiring of an intern to do data input and to start sharing in-
house staff for this purpose as well.
Motion by Peterson, second by Jones to approve the annual
software support for Unix-based ARC/INFO software in the
amount of $4,052, including tax, to be paid from fund 720-
49980, and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same. Roll call:
All ayes
3. Reject Ouotes to Repair Sanitary and Storm Sewers &
Authorize Staff to Seek Ouotes for Sanitary Sewer Repairs
Staff had recommended the two quotes received for this project
be rejected based on the fact that those received were over
$25,000 and would require sealed bids rather than quotes.
It was recommended that authorization to seek quotes on the
sanitary sewer repair work only be given.
Motion by Jolly, second by Peterson to reject the quotes to
repair the sanitary and storm sewers. Roll call: All ayes
Motion by Jolly, second by Peterson to authorize staff to seek
quotes for the sanitary sewer repairs on Third Street, Fourth
Street and 43rd Avenue. Roll call: All ayes
C. Other Business
1. Approve Sale of Duplex Units at 4613. 4619 and 4625
Pierce Street
The City Manager stated these structures may be resituated in
Columbia Heights. He had requested the Public Works Director
to research the City's ordinances to determine which ones, if
any, would apply to these structures if they are relocated in
the City. He referred to a similar situation in the City of
Robbinsdale.
Motion by Sturdevant, second by Jolly to sell the duplex units
at 4613, 4619 and 4625 Pierce Street to partners, Robert A.
Kroll and Steve Meger, based on their proposal of $11,257.50,
and furthermore, to authorize the Mayor and City Manager to
execute the Bill of Sale for these buildings. Roll call: Ail
ayes
2. Approve Various Requests from the Information Management
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 34
The City Manager reviewed the requests and much of the data
presented by members of the Information Management Committee.
Councilmember Ruettimann had questions regarding the proposed
costs associated with the completion of the computer network
and the upgrading of the thirty key essential users'
computers. An additional $4,000 was proposed to the total.
Also, he noted the request indicated there would be thirty
essential users and the attached documentation only identified
twenty-eight. The figure of thirty was not amended.
Councilmember Peterson inquired when the trenching for
installing fiber optic cable between City Hall and the Library
and Recreation buildings would start.
The Public Works Director responded that currently staff is in
the process of locating conduit. Public Works Department will
be performing the trenching tasks.
Motion by Jones, second by Peterson to authorize the
completion of the computer network between Recreation, Library
and City Hall; to upgrade the thirty key essential users'
computers to the Pentium level at a cost not to exceed $24,000
plus tax; to provide Windows training for the thirty key
essential users; and, to authorize staff to prepare and
publish a Request for Proposals for a computerized document
management software program to be used throughout the City.
Funds are to come from the Capital Improvement General
Government Building Fund (41) budget for optical scanning.
Roll call: All ayes
3. Approve Three Community Development Block Grant Contracts
The Mayor inquired why all of the CDBG 1995 funds were not yet
distributed. The $40,474 allocated in 1995 for housing
rehabilitation was not used and no staff member present had
the explanation as to why this has not occurred.
Councilmember Ruettimann did not remember the Council having
approved distribution of the funds for 1996. He also recalled
how public service grant requests had previously been screened
and reviewed by the Human Services Commission. There was no
explanation as to why this process had ceased.
It was generally felt the CDBG funding issues needed more
discussion and clarification.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 35
Motion by Sturdevant, second by Ruettimann to table this
matter until a Council work session to review all aspects of
the CDBG allocations and the accompanying figures. Roll call:
Ail ayes
Councilmember Jolly noted that the Fridley City Council had
been sent a letter from SACA regarding their financial support
of SACA. No response was received.
A representative of SACA attended a Fridley City Council
Meeting to advise its members that the participation of
Fridley residents in SACA services had increased considerably.
It was suggested that the City Council may want to consider
increasing its funding to SACA. CDBG grant funds were
mentioned as a possible source of funding. No response has
been made to this request.
4. ApDroved Startina Rate for Secretary II-A. Police
Department
Motion by Sturdevant, second by Peterson to the starting rate
for Mary Vawracz, Secretary II-A Police Department, at the one
year rate of $11.90, based on the 1996 labor contract between
the City of Columbia Heights and the American Federation of
State, County, and Municipal Employees. Roll call: All ayes
8. Administrative Reports
A. ReDort of the City Manaaer
Joint Meetina of City Council and School Board
The City Manager advised that Wednesday, November 6th is the
suggested date for a joint meeting of the City Council and the
School Board. The location is yet to be selected.
The purpose of the meeting is to discuss working relationships
between the two bodies, the Values First Program, funding for
the CHASE program and the upcoming bond issue.
Councilmember Ruettimann noted that for the last two or three
years there had been a request for this joint meeting and no
action was taken. He felt there should be no problems working
together.
Goals and Objectives Session
The City Manager noted that the first Goals and Objectives
Session was cancelled. He recommended this be rescheduled. He
also advised that thirteen "Values First" banners will be
installed in the downtown area.
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 36
October 21st Council Work Session Agenda Items
Councilmember Jolly suggested that one of the agenda items for
the October 21st could be the discussion of strategic
performance objectives. Other agenda items already confirmed
for that work session are CDBG funds and board/commission
vacancies.
Miscellaneous
Councilmember Jolly stated he had been considering making an
appointment to the Police and Fire Civil Service Commission at
tonight's meeting.
Councilmember Ruettiman inquired who had done the water meter
survey. The City Manager responded this had been done by
staff.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
G~NERAL COUNCIL COMI~JNICATIONS
Minutes from the following meetings were included in the
agenda packet:
Planning and Zoning Commission October 1, 1996 meeting
Park and Recreation Commission September 25, 1996 meeting
Charter Commission July 18, 1996 meeting
10. ~ITIZEN FORUM
At this time, citizens have an opportunity to discuss items
not on the regular agenda with the Council.
Vern Moore, a member of the Police and Fire Civil Service
Commission, was present to remind the Council of the vacancy
on that Commission.
EXECUTIVE SESSION
Motion by Sturdevant, second by Peterson to close the regular
City Council meeting of October 14, 1996 at 8:30 p.m. and to
move to an Executive Session for the purpose of discussing
labor contract negotiations and pending litigation, and that
Linda Magee be appointed to keep a written record of same.
Roll call: All ayes
REGULAR COUNCIL MEETING
OCTOBER 14, 1996
PAGE 37
Motion by Ruettimann, second by Peterson to reconvene the
regularly scheduled open meetin~ of the Columbia Heights City
Council on October 14, 1996 at 9:50 p.m., having been in
Executive Session to discuss labor contract negotiations,
written record being kept by Linda Magee.
Motion by Ruettimann, second by Peterson to adjourn the
regular Council Meeting at 9:50 p.m. Roll call: All ayes
yor/'J~'seph Sturdevant
Uo-~nne student,~uncil Secretary