HomeMy WebLinkAboutJuly 14, 1994 Work SessionCITY OF COLUMBIA HEIGHTS
590 40th Avenue N. E.
Columbia Heights, MN 55421-3878
(612) 782-2800
Mayor
Joseph Sturdevam
Councilmernbers
Donald G. Jolly
Bruce G. Na~vrocki
Gary L. Pelerson
Rob'er~ W. Ruettimann
City Manager
Patrick Hentges
NOTICE OF OFFICIAL MEETING
Meeting of:
Date of Meeting:
,iTime of Meeting:
!Location of Meeting:
Purpose of Meeting:
Notice is hereby given that an official meeting
is to be held in the
City of Columbia Heights
as follows:
MAYOR, CITY COUNCIL, AND CITY MANAGER
THURSDAY, JULY 14, 1994
7 P.M.
CONFERENCE ROOM
WORK SESSION
AGENDA
1) Volunteer Program Evaluation
2) Neighborhood/Quadrant Planning
3) Police Contingency Funding
4) Home Occupation
5) Ethics Bill Policy
The City of Columbia Heights does not discriminate on the basis of disability in the
admission or access to, or treatment or employment in, its services, programs, or
activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at
?82-2800, Extension 209, to make arrangements. (TDD/?82-2806 for deaf only)
cb
"SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS
OF DISABILITY IN EMPLOYMENT OR TFIE PROVISION OF SERVICES
CITY COUNCIL LETTER
Heeting of= Hay 9, 1994
AGENOA SECTION= Public ORIGINATING DEPT. s CITY MANAGER
Hearings/Ordinances & Resolutions Planning & Zoning APPROVAL
NO.~, 6
ITE~ Home Occupation Ordinance BY: Kathr]m Pepin BY:
NO: i Ordinance ~1285 DATE= April 25, 1994
I
~ince April 8, 1991 a moratoriumhas existed on the enforcement and granting of Home
Dccupation permits. The moratorium was the result of a request for a Conditional
se Permit by Hr. Terry Pease of 4600 N.E. 6th Street to conduct a home occupation
f a cooling/heating balancing service from his home with employees involved that
~id not live at the residence. A copy of the council letter from the April 8, 1991
agenda is attached as well as the minutes from the January 8, 1991 Planning and
oning Commission meeting where this request was also reviewed.
~here has been a considerable amount of inquiries from residents regarding home
~ccupations. Staff feels it necessary that the City adopt criteria addressing home
Occupations as soon as possible as there is a demand for such use in the residential
~reas. Currently, there is very little regulating home occupations, only a
definition in the Zoning Ordinance.
[Staff has spent extensive hours contacting other cities, researching ordinances and
compiling the best of a variety of regulations. Ye feel that these regulations will
Ibe very helpful to Staff and fair for residents of the community.
[The Planning and Zoning Commission reviewed and discussed the proposed Home
[Occupation criteria at their meeting of April 5, 1994. The Planning and Zoning
iCommission unanimously recommend approval of Ordinance 1285 pertaining to the
regulation of home occupations.
RECOMMENDED HOTION:
~ove to waive the first reading of Ordinance 1285, there being ample copies
available to the public.
RECOI~ENDED HOTION:
Hove to adopt the first reading of Ordinance 1285, and establish the regular council
meeting of Hay 23, 1994 as the second reading of the Ordinance.
ACTION:
ORDINANCE NO. 1285
BEING ANORDINANCEAMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AND PERTAINING TO
HOME OCCUPATIONS
The City of Columbia Heights does ordain:
Section 1:
Section 9.103(31) of Ordinance 853, City Code of
1977, which currently reads as follows, to wit:
9-103 ¢31) Home Oocupations: Any gainful occupation
~h~_.gollc~in~-~p~hr~m~---4~he~-enga~e~- in-~n~-4~-~e~eems
· ~r- -~ha~ ~ee~}p~ ~er~r -a riel- -~,en- not- -~v~n~~~-~s-~e
~-~ ~F~~d~d-~-~~.
is herewith amended to read as follows:
9.103(31) Home Occupation: Any gainful occupation or profession
enqaqed in bv an occupant of a dwellin~ unit. Such use must be
clearly incidental and secondary to the principal use of the
dwelling for residential PUrposes and sha~ ~o~ change the
residential character of the dwelling or have an adverse effect on
ad4acent properties nor constitute a Duisance or safety hazard.
Section 2:
Section 9.107(3)(d) of Ordinance 853, City Code of
1977, which currently reads as follows, to wit:
9.Z07f3)(d) Home Occupations subject to an annual renewal and
reapplication if it has changed in scale or character.
is herewith amended to read as follows:
9.107(3)(d) Home Occupations, subject to the
reouirements:
following
1. The home occuDation is clearly incidental and secondary to the
residential use of the property and does not change the character
thereof.
2. Only members of the immediate family residinq on the premises
shall be enqaqed Sn such home occupation,
3. ~0 OUtside storaqe of products, materials, or eauiDment
connected with the ho~e occupation is permitted.
4. The home occupation must be conducted entirely within the
principal buildina. The entrance to the space denoted to the home
OCcuDation shall be within the dwellina.
5. NO interior or exterior alterations and no construction
features shall be Der~tted which are not customarily found in a
6. The home OCCUpation ~hall meet all aDplicable fire and
bu~ldina codes as wel~ ~s any other aPPlicable City. State or
Federal reaulations.
7. At no time shall the home occuDation qenerate traffic or
Darkina that exceeds the tvDe and level which tVDicallv service
~inale f~milv residences as requlated under 9~16 of the Zoning
Ordinance Parkina reauirements. Such traffic and Darkinq shall not
~onstitute a nu~sance or ~afet¥ hazard. No such parkinq facilities
~ha11 be provided within any reauired front or side yard. except
~pon an established blacktop or concrete driveway.
8. Sianaqe Dertainina to the home occupation will be allowed on
the premises not to exceed one square ~oot and provided it be
~ttached flat to the wall of the structure and not be ~lluminated.
9. ~pe~ific activities prohibited in residential ~onina
districts:
A. The repair, whether for consideration or not. of motor
vehicles which are not reaistered to a resident Of the dwellina on
~he property where the repair is made or to a ~ember of the
~mmediate family.
B. Nassaae establishments, includina those for therapeutic
massaae and acupuncture, or escort services.
C. ~etail sales.
D. Hanufacturina operations.
E. A~4mal hospitals, veterinary services, kennels, animal
~oomina services or ~n4mal breedina operations.
Section 3:
Section 9.107(2)(g) of Ordinance No.
853, City Code of 1977, which
currently reads as follows, to wit:
is herewith amended to read as follows:
9,~07¢2)¢u) AnY home occupation which does not meet the specific
requirements for a per~ ~tted home oCCupation as defined in
9.107(31~d) and to include the following:
1. One employee may be allowed ~f the applicant can
sat~sfactorilv Drove unusual or unique condit%ons ~or the need oz
one employee and that this exception would not compromise the
intent of this code. Prior to approval o~ the Conditional Use
permit, it shall be found that the home occupation would not
otherwise require a Conditional Use Permit and that such impact of
the home OccuPat$on on the surroundinq neiqhborhood is no greater
Shah that o~ a home occupation without such employee that requires
~ Conditional Use Permit.
2. If the home occupation is conducted in the qaraqe, the minimum
~mount of required qaraqe space must be maintained as a qara~e
space.
3. Conditional Use Permits for home Occupations shall not run
with the property, shall not be transferable from one person to
another, and are subject to review if the use chanqes in scale or
Section 4: 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:
Offered By:
Seconded By:
Date of Passage:
Joseph Sturdevant, Mayor
Jo-Ann Student, Council Secretary
League of Minnesota Cities
LIic
Cities Bulletin
Number 16
June 28, 1994
Law prohibits gifts to local officials
Duke Addicks and Joel Jamnik
Effective August !, ~wo provisions
of a new law (Chapter 377) will
prohibit almost every gift to local (city
and county) officials.
The portion of the new law which
applies to local officials in all cities and
counties is Minnesota Statutes 471.895.
It _~t_~t__~ that 'an interested person may
not give a gift or request another to
Gil'ts
or city." The definition of an interested
person implies dmt the type of local
official who cannot accept a gift is a
local official who is authorized to make
decisions which could impact someone
financially. Clearly the law applies to
all mayors, councilmembers, and
members of appointed bodies.
Many appointed officials including
inspectors, clerks, administrators,
managers, irmance officers, and people
who purchase or advise on the pur-
chase of supplies, goods, and services
are also covered. The law goes beyond
local officials who can make financial
decisions. The law refers to local
officials whose decisions (a recommcn-
clarion is a decision)Could impact
someone financially.
Finally, there is the question, "what
is a gift?" A gift means "money, real or
personal property, a service, a loan, a
forbearance or forgiveness of indebted-
ness, or a promise of future employ-
ment, that is given and received
without the giver receiving (from the
local official) consideration of equal or
greater value in return." To help
clarify this, the law established some
exceptions. The following are not
prohibited gifts.'
· A political contribution.
· 'Services to assist an official in the
performances of official duties,
including but not limited to
providing advice; consultatio;,.,
information, and communication
in connection with legislation, and
services to constituents." But this
exception seems to be more
confusing gum clarifying.
· "Services of insignificant mon-
etary value."
· "A placque or memento recognlz-
ing individual services in a field of
specialty or to a charitable cause."
· "A trinket or memento of insignifi-
cant value." What is insignificant
value? Under a related law, a gift
of a $2 pocket calendar was found
to be a prohibited gift (E.P.B.
Advisory Opinion #141). Thus,
give a gi~ to a local official. A local
official may not accept a gift f~om an
interested person."
This sounds simple but it isn't.
Who is an "interested person?"
The law states that an interested person
"means a person OF representative of a
person OF association that has a direct
financial interest in a decision that a
local official is authorized to make."
This cer~nly includes anyone who is
this exception, as with all of them,
should Ix: read very narrowly.
· "Informational materials of
unexceptional value."
· "Food or beverage given at a
reception, meal, or meeting away
from thc recipient's place of work
by an organization before whom
· the recipient appears to make a
speech OF answer questions as pan
of a program." This is the only
exception to what seems to be the
rule: all otber gifts of food and or
beverage are prohibited. Under a
related law, vendor contributions
to a meeting of local officials for
snacks or refreshments were
prohibited (E.P.B. Advisor,/
Opinion #142).
· Gifts to a group of non-local
officials of which a local official
happens to be a member, and gifts
from a family member.
There is a related law, enacted in
Chapter 377, codified as Minnesota
Statutes Section 10A.071 which applies
to officials of metropolitan cities over
50,0(X) population and to legislators. It
prohibits gifts from lobbyists. The
exceptions are virtually the same. The
only real difference is that the law
applying to all cities will be enforced
by criminal prosecution whereas the
law dealing with lobbyists will be
enforced by the Ethical Pracfices '
Board.
The real enforcement of these new
laws will be through public opinion.
The media and political opponents of
those in office will be watching to see
how carefully local officials follow the
· hw. That is why we are advising
caution. As a general rule no elected
official, membeF of an advisory board,
or public employee should accept any
gift unless the city attorney is of the
opinion that the gift is one of the Fare
exceptions to thc rule.
~ League will continue to advise
city officials of the developments as
this new law is interpreted. Watch
future issues of the Cities Bulletin for
more details. 0
or may provide goods or services to a
city, such as engineers, fiscal advisors,
contractors, attorneys, sales representa-
fives, etc.
But virtually every resident of a
city could have a direct financial
interest in a decision that a local
official could make. Until this issue is
clarified our advice is simple: local
officials should not accept a gift from
anyone.
But who is a"iocal official?" The
law def'mes local official to mean "an
elected or appointed official of a
county or a city or of any agency,
authority, or instrumentality of a county
See Gifts, page 7
0~