Loading...
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~