HomeMy WebLinkAboutSeptember 5, 2000 Work SessionCITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2506
Please note City' Hall Phone Numbers have changed. New numbers are. Main Number (763) 706-3600, TDD (763) 706-3692
ADMINISTRATION
Mayor
Gar£ L. Peterson
Councilmembers
Donald G. Jolly
Marlaine Szurek
Julienne Wyckoff
John Hunter
City Manager
Walt Fehst
NOTICE OF COUNCIL WORK SE$$10N
Notice is hereby given that a Council Work Session
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
COLUMBIA HEIGHTS CITY COUNCIL
SEPTEMBER 5, 2000
5:30 P.M.
CONFERENCE ROOM I
WORK SESSION
AGENDA
Consent Items
2.
3.
4.
Transfer Overtime funds from General Budget to Police Budget
Permission to auction vehicles at Hennepin County Auction
Donation of Vehicle to the Fire Department
Acceptance of Contribution from Columbia Heights Chamber of Commerce for Entry Signs on
North end of the city.
Discussion Items
3.
4.
5.
6.
7.
Adopting a proposed budget for 2001, setting proposed total City Levy collectable for 2001 and
approve the HRA levy of $94,752
Proliferation of Liquor sales from dispensaries other than duly authorized off-sale liquor stores
Ordinance # 1419 - Liquor License amendments
2001 Business License Fees
Paving of Murzyn Hall parking lot
NSP Street Lighting Proposal: Maintenance of the Mill Street Lighting
Proposals for property acquisition & relocation services recommended in 1999 Storm Water
Study
Change in Zone 5 boundary of Street Rehabilitation Program: add Jackson Pond area
US West damage claim for buried cable at 40th and Central Avenue
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 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
ADDITION TO SEPT. 5 WORKSESSION:
Community Development has requested this item be added to the consent portion of the agenda.
Consent://5 Approve 2000 CDBG Agreement
CITY COUNCIL LETTER
Meeting of September l 1. 2000
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY M~NAGER .~
NO. POLICE ,A?PR~, ~ ~: , }
ITEM: Transfer of Funds to Repay Overtime Fund BY: Thomas M. Johnso: ~ l~t}/I ~/'/.~
NO. DATE: August 29, 2000'<]~/~ i~A~/E:I/ [ ~ Cd
BACKGROUND:
During the past eight months the Police Department has been involved in several off-duty employment details
handled through the Depa~'tment. These details include 18 hours of security at Northeast State Bank, 35.75 hours
of miscellaneous security work for the Columbia Heights School District, and 28 hours of security for Unique
Thrift Store. A detailed list is attached.
Since this type of off-duty employment is handled through the Department, officers have signed up and worked
these details since the first of the year, and we have received checks from Northeast State Bank, Columbia
Heights Independent School District #13, and Unique Thrift Store in the amount of $3,106. According to the City
Finance Director, this money is considered revenue and had to be placed in the City General Fund.
ANALYSIS/CONCLUSION
The Police Depa,iment is requesting that the City Council pass a motion requiring the $3,106 received from
Northeast State Bank, Columbia Heights Independent School District #13, and Unique Thrift Store to cover the
cost of off-duty officers working security at these locations be returned to the 2000 Police Department budget,
line #1020.
RECOMMENDED MOTION: Move to transfer $3,106, the total amount received from Northeast State Bank,
Columbia Heights Independent School District #13, and Unique Thrift Store for off-duty security worked, from
the General Fund to the Police Department 2000 budget under line #1020, police overtime.
TMJ:mld
00-211
Attachment
COUNCIL ACTION:
Columbia Heights Police Department
To:
From:
Subject:
Date:
Chief Thomas M. Johnson
Captain William J. Ro~
Outside Overtime Tabulation - January to July 2000
August l8,2000
Below you will fred a tabulation of overtime worked for outside sources by Columbia Heights
officers fxom January 1 to July 31, 2000.
Location Date Hours Officer $ Amount
Northeast State Bank
Valley View school carnival
CHHS school dance
CHHS basketball game
CHHS school dance
CHHS school dance
CHHS prom (Town Square)
CHI-IS senior camp out
CHHS all night party OVlurzyn)
Unique Thrift
01/03/2000 6 Dietz
01/04/2000 6 Dietz
01/05/2000 6 Dietz $ 720.00
01/14/2000 3.5 Sturdevant $ 140.00
02/11/2000 2.75 Aish $ 110.00
03/06/2000 2 Aish $ 80.00
03/24/2000 3.5 Haviland $ 140.00
04/14/2000 3 Smrdevant $ 120.00
05/06/2000 5 D. Sorensen $ 200.00
06/02/2000 8 Markham $ 320.00
06/08/2000 8 Hulke $ 156.00
07/11/2000 4 Bonesteel
07/15/2000 4 Sturdevant
07118/2000 4 Aish
07/21/2000 4 Klosterman
07/22/2000 4 Fischer
07/25/2000 4 Nightingale
07/29/2000 4 Bonesteel $1,120.00
TOTAL $3,106.00
CITY COUNCIL LETTER
Meeting of September 11, 2000
AGENDA SECTION: Consent ORIGiNATING DEPARTMENT CITY MANAGER
NO. POLICE APPR(~,~
ITEM: Authorization to Auction Surplus City BY: Thomas M. Johnso_nJ~
NO. Vehicles DATE: August 29, 2000 ~f\ [ / /
BACKGROUND
Each year the City has vehicles that are no longer needed in the fleet or have been replaced by other
vehicles. Also, since approximately 1998, the Police Department has used State "driving while
intoxicated" forfeiture statutes to seize some vehicles. With this in mind, the City has in the past
auctioned the surplus vehicles and/or forfeiture vehicles at its City auction. In 1999, we experienced an
issue with this procedure and it ~vas determined that we should look at alternative ~vays to dispose of
these vehicles.
ANALYSIS/CONCLUSION
For the year 2000 the Public Works Department and the Police Department met and discussed alternative
methods of disposing of these vehicles. We looked into the Hennepin County auction, which requires
that we have a person at the auction to assist, and the City of Mirmeapolis auction, which charges 10 per
cent of the auction price and you must supply a person to assist. It is recommended by both divisions
that we try the Hennepin County auction for the following six vehicles for the year 2000:
1994 Ford 4-door Crown Victoria
1996 Ford 4-door Crown Victoria
1996 Ford 4-door Crown Victoria
1990 Ford LTD
1985 Chevy Caprice (forfeiture car)
1988 Olds 88 (forfeiture car)
2FALP71W8RX 182944
2FALP71W1TX128747
IFALP71 W3TX128748
2FACP72G6LX151769
1G1BN47H1FYI95171
1 G3HN54COJW392675
RECOMMENDED MOTION: Move to authorize the sale, salvage, or disposal of the attached listing
of surplus City vehicles at the Hennepin County auction to be held on September 16, 2000.
TMJ:mld
00-212
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
DATE:
TO:
FROM:
AUGUST 22, 2000
KEVIN HANSEN
WILLIAM ELRITE ~) ~
FINANCE DIRECTOR
VEHICLES FOR AUCTION
The following list of vehicles and VIN numbers are going to the Hennepin County auction per
discussions with you and Steve Synowczyn~ld. As oD. his date, August 22, the titles for all six of these
vehicles have been turned over to Steve. I would like your written concurrence stating that these
vehicles have been approved by the City Council to go to auction and specifying the date that they were
authorized to go to auction by the City Council.
Thank you for your attention to this matter.
1994 Ford 4D Crown Victoria
2FALP71W8RX 182944
1996 Ford 4D Crown Victoria
2FALP71W I TX 128747
1996 Ford 4D Crown Victoria
2FALP71W3TX128748
1990 Ford LTD
2FACP72G6LX151769
1985 Chevy Caprice
IG1BN47H1FY195171
1988 Olds
1G3I-IN54COJ3,V392675
Titles Received by Steve Synowczynski
WE:sms
0008225PW
C3
CITY COUNCIL LETTER
Meeting of: ~- l 1-00
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
APPROVAL
ITEM: Donation of Yehicle to Fire Department BY: Charles Thompson
NO: DATE: Aul~ust 28, 2000
The Fire Department has accepted the donation of a junk vehicle from Ed Carlson. The Fire Department will use
the vehicle for training purposes at a department drill.
RECOMMENDED MOTION: Move to Accept the Donation of a Junk Vehicle from Ed Carlson for training use.
00-75
COUNCIL ACTION:
Walt Fehst - Chamber Final Dollars.doc Page 1 j
July 20, 2000
Walt Fehst
City of Columbia Heights
590-40t' Ave. NE
Columbia Heights, MN 55421
Dear Walt,
As you know the Columbia Heights Chamber of Commerce dissolved and many
of its members have merged with the Southern Anoka County Chamber of
Commerce. There remains in the old Chamber of Commerce financial reserves
approximately $8-9,000.00. The Transition Committee understands that there
are currently plans in place to construct a welcome monument to the city near
53ru on Central Ave. The committee desires to give those dollars to the City of
Columbia Heights to assist in the construction of that monument.
We would like to turn those dollars over to you at this time and have you hold the
money in a special account until such time as you begin construction.
We would like the monument to include language that "The Chamber of
Commerce welcomes you" or "The business community welcomes you" or
some other suitable business salutation.
In the event that the monument encounters significant delays or problems or is
never built we would ask that by July of 2001 we discuss again appropriate
use of the monies.
Please contact John Slama at NEI 782-7351 to discuss this proposal.
Transition Committee:
John Slama Shirley Barnes
Delores Strand Joe Schmidt
Jim Kordiak David Behlow
Rick Lange
Sincerely,
Jim Kordiak
Transition Committee Member
CITY COUNCIL LETTER
~ouncll lvleetln oi: 3eptemoer [ 1, zoot
AGENDA SECTION: CONSENT (Page 1 of 2) ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPRO_VAL ~'x
PROPOSED BUDGET, SETTING THE CITY, DATE: 08/31/2000 Dik'T~ / L/,40
AND ESTABLISHING A BUDGET HEARING
DATE FOR PROPERTY TAXES PAYABLE IN
2001.
At the City Council meeting of August 28, 2000 the City Manager presented the proposed levies for
2001 for the City, the Library, the EDA, and the HRA, along with a summary of the proposed budget
and a synopsis of the City Manager's budget message. This information was scheduled for further
review at a City Council work session on September 5th. Under the current law it is necessary for
the City to certify a proposed levy, proposed budget, and a public Troth in Taxation hearing date to
Anoka County by September 15th. On or before December 28, 2000 the City must certify a final levy
to the county auditor. The final levy can be less than the proposed levy, but it cannot be more than
the proposed levy.
In addition to the City's local levy, the county collects and distributes to cities an area-wide fiscal
disparities tax. This area-wide tax increased last year and it is currently estimated that there may be
a slight increase for 2001. For budgeting purposes, we have used an estimated $1,000,000 for the
area-wide tax in 2001. The final area-wide tax figure will be available prior to the City's adoption
of the final tax levy. As this information is not currently available, we cannot project what the effect
of the proposed tax levy will be on local property taxes. If the area-wide tax increases, it reduces
the local tax burden. If the area-wide tax decreases, it increases the local tax burden. After we
submit the preliminary proposed tax levy to Anoka County they calculate the area-wide tax along
with the local tax to determine the amount of the tax increase to local residents. This, in turn, is
certified back to the City by Anoka County on approximately October 1, 2000.
Under Minnestota state statutes the City's public budget hearing date cannot conflict with the date
of the county, school district, or metropolitan agencies hearings. Listed below is a schedule of the
hearing dates. The City can hold their hearing on any other date between November 29 and
December 20, 2000.
TAXING DISTRICT HEARING DATE RECONVENING DATE
Anoka County December 7 December 19
Metropolitan Agencies December 6 December 13
School District #13 December 5 December 12
City of Columbia Heights December 4 December 11
The resolution also ratifies the Housing Redevelopment Authority tax levy of $94,752 and the
Economic Development Authority tax levy of $119,295.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-60 there being ample
copies available to the public.
Page Two
RECOMMENDED MOTION: Move to adopt Resolution 2000-60 being a resolution adopting a
proposed budget, setting the City, HRA and EDA proposed local levy, and establishing a budget
hearing date for property taxes payable in 2001 with the total HRA levy set at $94,752, the City,
Library and EDA levy set at $3,625,552, and the Truth in Taxation hearing date of December 4,
2000 at 7:00 p.m. in the City Council chambers.
WE:sins
00083 l 2COUNCIL
Attachment
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
2001 SUMMARY BUDGET PRESENTATION T° THE C1TY COUNCIL
AUGUST 28, 2000
In accordance with the City of Columbia Heights budget calendar, which was modified several
years ago to correspond with state legislation on Troth in Taxation, the bulk of the budget review
has now been moved back to the months of October and November.
In August the City Council is presented with a pre 'hininm-y summary budget showing the detail
only at a fund level. In accordance with Truth in Taxation regulations, the City Council must
adopt and certify to the County Auditor a preliminary budget and a preliminary levy prior to
September 15t~. From that certification the County Auditor determines the effect that this
proposed levy will have on local property taxes. That information is then returned to the City for
the City Council to utilize in their detail budget reviews to enable them to make a final
determination on expenditures and a final determination on a city levy, which will be reviewed at
a public Truth in Taxation hearing which staff is proposing to conduct on December 4, 2000.
The atl~ched proposed resolution includes both the revenue and expenses for 2001 along with the
proposed levy.
Attached is a proposed preliminary resolution along with thc notice f~om Anoka County as to
when the City Council may establish budget h~ring dates. It is staff's recommendation that this
item be placed on the September 5th work session for more in-depth review of the prelimi_.nary
proposed budget and the prelimina~ proposed levy.
~00824~BUD
COUNTY OF ANOKA
PROPERTY RECORDS AND TAXATION DIVISION
GOVERNMENT CENTER · 2100 3RD AVENUE ° ANOKA, MN 55303
FAX (612) 323-5421
August 21, 2000
Mr. Walt Fehst
City Manager
City of Columbia Heights
590 40th Ave. NE
Columbia Heights, MN 55421
· Properly Assessment
· Property Records and Public Service
· Properly Tax Accounting and Research
Dear Mr. Fehst:
The Truth in Taxation law, M.S. 275.065 requires cities to hold a public budget hearing
for property taxes payable in the year 2001. The dates for this hearing cannot conflict
with the initial hearing set by tbs county, metropolitan agencies or the school districts
located in your city. However, your continuation hearing~ay conflict with the
continuation hearing of another taxing district. These hearings must be held between
November 29 and December 20, 2000. The continuation hearing must be at least 5 but no
more than 14 business days after your initial hearing. A~tio~&lly, ~apter 389, Laws o£
cities until Septic= 15. The following taxing districts within your city have set the
following hearing dates:
TAXING HEARING P. ECONVENING
DISTRICT DATE DATE
Anoka County ................... December ~ .......... December 19
Metropolitan Agencies .......... December 6 .......... December 13
SD #13 ....... · .................. December 5 .......... December 12
W/th this information you can now met the initial date for your public hearing and a
date for reconventng the meeting, if necessary. In addition, the time and location of the
initial meeting, the phone number an interested taxpayer may call and your payable 2001
certified proposed property tax levy is 4us on or before iept~er 15, 2000. A proposed
levy ~nd hearing date certification form is enclosed.
If you have any questions co~ernin~ the Truth in Taxation process, please call at
(763)323-5435.
S/ncerely,
Joan Flavin
Property Tax Accounting
Afflr~ wtive Action I Equal Opportunity Employer
CITY OF COLUMBIA HEIGHTS
2001 SUMMARY BUDGET PRESENTATION TO THE CITY COUNCIL
AUGUST 28, 2000
In accordance with the City of Columbia Heights budget calendar, which was modified several
years ago to correspond with staIe legislation on Troth in Taxation, the bulk of the budget review
has now been moved back to the months of October and November.
In Augu~ the City Council is presented with a pre 'hminm'y summary budget showing the detail
only at a fund level. In accordance with Troth in Taxation regulations, the City Council mus~
adopt and certify to the County Auditor a preliminary budget and a pre!imln~ry levy prior to
September 15~. Fwm that certification the County Auditor det~,~ines the effect that this
proposed levy will have on local proper~ taxe~. That information is then returned to the City for
the City Council to utilize in their detail budget reviews to enable them to make a final
determination on expenditures and a final det~,ufination on a city levy, which will be reviewed at
a public Truth in Taxation hea~g which ~xffis proposing to conduct on December 4, 2000.
The attached proposed resolution includes both the revenue and expenses for 2001 along with the
proposed levy.
Attached is a proposed preliminary resolution along with the notice from Anoka County as to
when the City Council may establish budget hearing dates. It is staff's recommendation that this
item be placed on the September 5~ work session for more in-depth review of the prelimi!mry
proposed budget and the preliminary proposed levy.
'V~E:sms
~008243BUD
~NOI~COUITL~
OFFICE OF PROPERTY TAX ADMINISTRATION
PAYABLE 2001 TRux~ IN TAXATION DATE
CERTIFICATION FORM FOR CITIES
City Name:
Public Hearing Date:
Time of Meeting:
Place of Meeting:
Continuation Date:
Continuation Time:
The "Notice of Proposed Proper~y Tax- sent to each taxpayer
contains the following information about where to send
co~ents and/or review · copy of your proposed budget.
Please provide it ms you want it to appear on the notice.
'Name or Title:
Address:
Phone Number:
Si~n&ture of person
completin~l~h/e form:
Title:
Phone Number:
Date:
PROPOSED LEVY CERTIFICATION
TAXES PAYABLE 2001
County of Anoka
City/Municipality of
Levy Item Proposed Levy LESS HACA Proposed Certified
(A) .aunount * (C) Levy (D)
(B) Amount to be levied
[D=B-C]
General Revenue: ': '
General
Total General Levies:
Bonded Indebtedness:
General Obligations
Total Debt Lev~.
Other Spec~c Levies:
Watershed
Total Other Levies:
Total Tax Capacity Based Levies:
Total Market Based Referendum Levies: (not subject to LGA or HACA reduction)
' The levy amount by line Item shc~d dmedy be mclu~d by Local Government Aid (LGA) end other
mourns used te llnm~ your City's budget
Do not mdu~ ~ Imounts bythe Flmml Disparities Dilt~bution levy. This will be done by our office.
Piem ~ i eeW M the resolution edopting your prQposecl budgeL
I hereby certify that the foregoing are the amounts to be levied by the Anoka County
Department of Property Tax Accounting and Research for the named municipality.
Given under my hand this day of ,2000.
City Clerk/Finance Director
h:~ldivts~axacctg~PRLVcer t. doc
ANOKACOUI~TY
OFFICE OF PROPERTY TAX ADMINISTRATION
PAYABLE 2001 TRu'&~ IN TAXATION DATE
CERTIFICATION FORM FOR CITIES
City Name:
Public Hearing Date:
Time of Meeting:
Place of Meeting:
Continuation Date:
Continuation Time:
The ~Notice of Proposed Proper~y Tax~ sent ~o each taxpayer
contains the followin~ information about where ~o send
comments and/or review a copy of your proposed budget.
Please provide it as you want it to appear on the notice.
'Name or Title=
Address:
Phone Number:
Signature o£person
completing ~.h/s ~orm:
Title:
Phone NUmber:
Date:
TH2BII*OP, M]f~S'TBERFfl2RHED~0~~PROP~T~TAX
ADMINISTRATZC~NBY BEPTEM:BER 15, 2000
RESOLUTION 2000-60
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A PROPOSED BUDGET FOR THE YEAR 2001, AND SETTING THE PROPOSED TOTAL
CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94,752
Section C. The following proposed sums of money ara levied for the current year, collectable in 2001, upon the
taxable property in said City of Columbia Heights, for the following purposes:
Estimated Area-Wide
Estimated General Fund Levy
Estimated Library Fund Levy
Estimated EDA Fund Levy
Total Proposed Levy
1,000,000
1,955,989
550,268
119,295
3,625,552
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment
Authork'y Tax Levy for the fiscal year 2001 in the amount of $94,752.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMSIA HEIGHTS,
MINNESOTA: That the budget hearing was hetd on December 4th at 7:00 P.M. in the City Council Chambers.
The C~ Clerk is hereby instructed to transmit a cartffied copy of this resolution to the County Auditor of Anoka
County, Minnesota.
Approved this 11th day of September 2000
Offerad By:
Seconded By:
Roll Call:
Gary L. Petarson, Mayor
Patricia Muscovllz, Deputy City Clerk
G:BUDG~2KI~J~ESOLUTION
RESOLUTION 2000-60
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A PROPOSED BUDGET FOR THE YEAR 200t, AND St:l E lNG THE PROPOSED TOTAL
CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94./52
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby ado~oted by the City of Columbia Heights.
General Fund
Community Development Fund
Economic Development Fund
State Nd
Cable Television
Library
DARE Project
Capital Improvement
Capital Equipment Replacement Fund~
Central Garage Fund
Water Utility Fund
Sewer U~#y Fund
Refuse Fund
Storm ~ewer Fund
Energy I~nt
Debt ~ Fund
Total ~ Including Interfund Tra,'t~m
Expense
8,216,490
307,762
119,045
68,100
192,399
597,234
8,825
1,991,300
0
473,537
430,893
1,102,097
1,430.297
1,245,261
1,491,610
324,212
0
274,7~2
0
2,129,220
20,403,014
Set, on B. The estlmated gross revenue to fund Ine budget of the City of C, elumbis Heights for all funds,
including peneral nd valorem tax invise and u~e of fund balances, ,.- hereinafter set forth for the year 2091:
General Fund
Community Dewlopment Fund
Econom~ ~ Fund
Calde Teinvilk~
can~ ~ Fun~
W~t~ Ut~y Fund
Refuse Fund
Storm Sewer Fund
Energy Management
Debt Service Fund
Totnl Revenue Inr. luding Int~rfiJnd Tran~ll
8,2'16,490
307,762
119,045
68,109
t92,399
597,234
S,825
0
47a,$37
· 4~0.89:3
1,102,097
1,43o,297
1,49%0t0
a24,212
o
274,732
o
2,129,22o
· 2o,4o3,o14
COLUMBIA HEIGHTS ECONOMIC DEVeLOPMeNT AUT~0RITY
EDA RESOLUTION 2000-11
RESOLUTION OF ~'~ COLUM~ZA HEIGHTS ECONOMIC DEVELOPM~NT AUTHORITY (~DA)
ADOPTIN~ A PRELIMINARY EUDGI~T AND RECOMM~NDATION SETTIN~ TH~ EDA LOCAL LEVY.
NOW, ~a~REFORX BE IT RESOLV]LD EYTHE COLUKBZA~IGHTS ~DA FOR TH~ CZTY
OF COLUMBIA HEIGHTS, MINNESOTA~ That the following is hereby adopted by the
Columbia Heights Economic Development Authority.
Section A. The preliminary budget for the Columbia Heights Economic
Development Authority for the year 2001 is hereby recommended for preliminary
City Council approval with appropriations for each of the funds as listed
below.
FUND NAMX
Comm. Dave1. Parkview Villa North
Comm. Devel. ~nA
Comm. Devel. Home Improvement
Comm. Dave1. CH Section 8 Certificates
Comm. Dave1. CH Section 8 Vouchers
Comm. Dave1. Parkview Villa South
Comm. Devel. Rental 4607 Tyler
Comm. Devel. Temporary Housing
FUND/DEPT. NO. ~XPENSSS
203-46330 333,592
204-46314 119,295
204-46324 0
· 205-46325 0
205-46335 0
213-46340 161,445
235-46360 12,916
235-46385 3,334
Sec~AonB.
Heights ~DA
hereinafter
The estimated 9ross revenue to fund the
for all funds, including general and ad
set forth for the year 2001:
budget of the Columbia
valorem tax levies, as
FUND NA~ I~;~D/DEPT. NO. R~
Comm. Devel. Park-view Villa North 203-46330 333,592
Comm. Dave1. ~DA 204-46314 119,295
Comm. Devel. Home Improvement 204-46324 0
Comm. Devel. CH Section 8 Certificates 205-46325 0
Comm. Devel. CH Section 8 Vouchers 205-46335 0
Comm. Dave1. Parkview Villa South 213-46340 217,262
Comm. Devel. Rental 4507 Tyler 235-46360 16,250
Section C. The followin9 sum of money are recommended to be levied for ~e
current year, collectable in 2001 upon the taxable property in said City of
Columbia Heights, for the followin~ purposes:
Recommended EDALevy
$119,295
The Executive D/rector is hereby instructed =o transm/t a copy of this
resolution to the City Manager and Finance Director/City Clerk of the City of
Columbia Heights, M/nnesota.
APPROVED THIS 28t~
MOTION BY:
ROLL CALL: AYES:
NAYS:
Attest by:
.. DAY OF Auaust, 2000.
SHCONDEDBY=
Robert W. Ruettimann, President
Walter R. Fehst, Executive Director
Summary by Department
Mayor-Council
~ Manager
Elections
Finance
Assess;rig
Legal Services
General Government Building
Police
Fire
Public Wod~
Engineering
Street Lighting
Traffic Signs & Signals
Weed C..onl~l
Administration & General
Youth Athletics
Adult Athletics
CHASE
Trove! Athle~c~
Trips & Outings
Senior Citizens
~ec;o;~ Events
Dutch Elm I~
Total
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BUDGET 2001
8/24100
~fopted Department City Manager City Manager
Actual Actual Budget Proposed Cuts Proposed
1998 t99g 2000 200t 200t 200t
41110 172,179 211,599 196,262 205,631 -10,000 195,631
41320 343.322 364,227 388,852 391,945 0 391,945
41410 31,756 9.654 37,405 6,823 0 6,823
41510 473,216 509,272 549,621 563,138 0 563,138
41550 124,337 125.925 144,417 145,923 0 145,923
41610 162,547 201,931 215,265 216,460 0 216,460
41940 142,119 140,545 125,900 150,000 -20,000 130,000
42100 2,042.147 2,120,412 2,394,077 2,467,948 -57.809 2,410,139
42200 748,131 751.559 769.507 850,088 -44,789 805,299
42500 24,859 25.876 36,569 52,352 -50,000 32,352
42700 9.647 12,391 15,650 16,150 0 16,156
43000 0 0 0 0 0 0
43100 270.087 355.828 363,146 356,483 0 356,483
43121 493,394 526,816 638,438 643,549 0 543,549
43160 109,393 124,580 121,875 125,489 0 125,489
43170 44,673 55,150 67,375 70,452 0 70,452
43260 3.814 12,133 8,981 24,237 0 24,237
45000 211,177 185,612 189,045 189,556 0 189,556
45001 30,751 14,287 19,690 19,940 0 19,940
45003 14,081 16,799 26,028 26,477 0 26,477
45004 0 21,632 20,891 22,231 0 22,231
45005 20,2408 12,526 23,906 22,775 0 22,7705
45007450060 0 0 10,00~ 10.00~ -10.00~ 0
45030 31,561 40.665 35,610 37,530 0 .37,330
45040 55,188 64,132 71.758 72,121 0 '72,121
45050 44,060 52,636 47,526 52,220 0 52.220
45129 i62,849 181,916 243,692 273,166 -27,000 246,166
45200 637,423 564,490 638,648 646,903 O 646,903
45102 62,319 37,872 42.940 46.948 0 46,948
45103 38,613 45,331 53,617 52,927 0 53,927
49200 263 4,684 1,000 0 0 0
49300 474~459 517t396 1~080,572 400,000 - 0 400t000
6,693t683 7~328,156 8,603~611 8,216,490 o219,598 7!996,892
Adopted
Budget
2001
0
~, ~BFO~ BI ~ ~SOL~ BY ~ ~ fOR ~ ~ OF
~s, ~S~At ~ ~e fo~l~ng As breby 8d~ed by ~he Ho~n9 ~d
fec~ A. ~e ~dge~ ~or ~ ~us~ng ~d Redeve~men~ Au~hor~ ~n ~d for
~a He~gh~e for ~e ~ 2001 t8 here~ rec~nded for pre~
~c~ appr~al ui~ a~r~r~aC~o~ for ~e f~ ia ~oCed
C~. ~vel. ~ 2~-46320 ~0S,752
· ecCl~ B. '~e ea~m~ed ~sa r~ue ~o f~ ~e ~dgeC of ~e ~ for
f~, ~nclud~n9 genera~ ~ ad valor~ c~ lev~ea, ~e here~fcer eec forth
for Che year 200~
C~. ~vel. ~ 29~-46320 127,1S1
~==n~ ~aF, collec~le ~ 2003 ~ ~e ~le pF~eF~M ~ laid CL~ o~
Re--ed ~ ~ ~S4,~S2
· he ~xecu~Lve Director As he.by ~n~ructed ~o tr-~-~i~ a copy of this
resolution ~o the City Hanage~ and F~nanct Director/¢i~¥ Clerk o£ the C~¥ of
Co],~ia He:Lgh~.o, H.:Lnnlt, ota.
BY: ;
&tte~t by:
John]~untlr, ChaLr
#liter R. F~h~t, ~xecutiveD~ector
New Hope
Moundsview
Maplewood
Andover
Columbia Heights
Ro~mou~t
Robb'madale
Brookly~ l~u'k
Shorevi~w
Hopkins
Fridle¥
Minm~onka
Plymomh
Richfield
Percentage
29.50%
18.00~
10.00- 15.00%
11.48~;
I1.00~,
10.00%
8.95%
?.76~
7.07~
6.40%
6.30~
6.00~
5.77~
5.00~
4.00~
3.87~,
2.97~
~ ~HSOT-UT?011 2000-02
· ,.~$OLOTXO~' OF ~ ~O'B/~g ~ ~D~LO~ ku'~OR~TY ZN ~ FOR COL'O~ZA
~iO~, TH~,0]I~ HZ XT wwSOLV~D BY T~ ~ FOR ~ ~ OF COLUMBIA
w~l~wg, MXIO~gOT&~ That the £ollOving is hereby adopted by the Housing and
Redevelopment Authority in and for COl,'mhis Heights.
faction ,It. The budget for the ]lousing and Redevelopment &uthority in and for
Columbia Heights for the ~ear 2001 iS hereby recoemended for preliminary
Council approval vith appropriation~ for the funds as listed belov.
C~. Devel.
2~9-46320 106,V52
fectton B. 'The estimated gross revenue ~o fund the budget o£ the HRA for said
fund, Including general and ad valorema tax levies, as hereinafter set forth
for the ~ear 2002:
Court. Devel. HRA
Beetio~ C. The following mm~ of ~oney are recommended Co be levied for the
current year, collectable in 2001 upon the taxable property An said City o
Columbia Heights, for the £ollo~/n9
Recou~edl~ALev~
$~4,752
TheE xecutive Director Am he~inat~-~cted to trak-mit a co1~o£ thtm
resolutAon to ~e City--get ~d FArce Di~ctor/City Clerk of ~e City
Col-mhia Heights, ~eoota.
A.PPROVgD 'I'd'rS 2S~h ~,y OF Au~, 2000.
NCFI'XON BY:
ROLI, CM,,L: AYF,~:
BY:
Attest by:
John Hunter, Chair
#alter R. Fah~t, ~xecutive Director
CITY COUNCIL LETTER
Meeting of: September 11, 2000
AGENDA SECTION: Consent ORIGiNATiNG DEPT.: CITY MANAGER
NO: Communi~ Development APPROVAL
ITEM: Approve 2000 CDBG Agreement BY: Tim Johnson BY:
NO: DATE: September 1, 2000
Issue Statement: The County of Anoka, by and through the Anoka County Housing & Redevelopment Authority is
requesting City of Columbia Heights approval to enter into an agreement for its Community Development Block Grant
(CDBG) funding allocation for the Program Year beginning in 2000.
Background: The following briefly summarizes the programs that will be provided with CDBG assistance funds. There
are three major programs to be funded in accordance with our application submitted in February 2000: Public Service
Agencies, Commercial Revitalization Program, and Single-Family Housing Rehabilitation Program. These programs are
listed as follows:
Budget # 028 Columbia Heights Public Service Pool $6~000
Hot Meals for Shut-Ins
ARC of Anoka County
Independent School District
$4,500
$500
$1,000
An additional $25,793 in funds will be administered by Anoka County as part of the multi-city contract
which are not included in this total.
Budget # 030 Columbia Heights Commercial Revitalization $150,165
Budget # 055 Columbia Heights Housing Rehabilitation $92,846
TOTAL: $249,011
Recommended Motion:
Move to approve the Anoka County Community Development Block Grant Program Agreement for the Program Year
beginning in 2000, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same.
Attachments; Exhibit A Project Description and Budget; Exhibit B Section A; City Council minutes dan. 2000
Minutes for Regular City Council Meeting
of January 24, 2000
Page 50
things planned for the future with Ms. Warren's leadership. Jolly thanked Ms. Warren. He suggested Council
may want to continue with the"Council Value of the Month ".
(c) Introduction of New Employees
1) Cheryl Bakken, Community Development Secretary
Completed at the beginning of the meeting.
D. Recognition
6. PUBLIC HEARINGS
A. Rental License Revocation
1) Public Heating for Revocation/Suspension of Rental Housing License
Assistant Fire Chief Alexon gave the license background. He met today with the property owner regarding three
violations. The owner requests an additional two week time period to complete or show a plan, and has made
temporary repairs. Alexon believes the property owner is currently working toward compliance.
Motion by Wyckoff, second by Szurek to table the matter of Rental License Revocation or
Suspension of the Rental License held by Heidi Von Heideman regarding property at 3718
Central Avenue to the February 14, 2000 City Council meeting, in that the Property Owner has
requested additional time to correct deficiencies at the property. Upon vote - all ayes. Motion
carried.
B. 2000 CDBG Application
1) Public Hearing for 2000 CDBG Application Submission.
Community Development Director Anderson reviewed the proposed Anoka County Community Development
Block Grant (CDBG) application for funds eligible between July 2000 to December 2001, in the areas of
commercial revitalization, housing revitalization, and public service agencies.
Public service agency funds are limited to 15%, or $31,793; requests exceeded $70,000. Families Moving
Forward was not recommended for funding this cycle. Recommending funding for commercial revitalization,
which involves acquisition and clearance of blighted or substandard properties in commercial and industrial
districts, is $150,165. Housing rehabilitation funds are 50% grant and 50% a deferred loan.
Jolly opened the public hearing. Mr. Hoium stated funds need to be used for sidewalks and curb cuts so
seniors, disabled people, and children don't have to walk in the street. Jolly asked that he inform the city in the
spring of areas that need repairs.
Sarah Henfling, Communications Specialist with CAP, thanked Council for their support and this grant. The
Community Emergency Assistance Program is celebrating 30years of providing emergency services and
promoting self sufficiency. The program offered assistance 199 times last year to Columbia Heights residents.
Jolly thanked her and requested a copy of the annual report be given to the city manager and Mr. Galuska 's
class. Residents may reach the CAP program at 783-4930 by appointment.
Kathy Widman, Director of Senior Programs at ACCAP, and Jan Lapitz, Columbia Heights Outreach worker,
thanked Council for their generous support of this program. 432 visits were made to seniors and disabled
persons, and 239 individuals were served in Columbia Heights. Their goal is to prevent premature nursing
Minutes for Regular City Council Meeting
of January 24. 2000
Page 51
home placement. Residents may reach this program by calling 783-4781.
Kathy F/idman also spoke on behalf of the Handywor~ program, as the Fridley coordinator could not be
present. This is a chore service program for resident over age 60, which includes house cleaning, shoveling,
mowing, and minor home repairs. Fees are substantially less for qualifying residents. She addressed the
audience of youth, who may be looking for jobs, to contact the program at 502-5151.
Nichole , coordinator of Bridgeview, thanked Council for their support. This is a support facility for persons
experiencing mental dines& allowing social and recreational opportunities and rides for adults in Anoka
County, servicing 300 individuals with 3000 contacts. She introduced Sara, who uses this facility. Sara
explained her situation and the help and support she has received at Bridgeview. This is part of the funded
Central Center for Family Resources, which may be reached by calling 783-7400.
Jolly closed hearing.
Motion by Szurek, second by Hunter, to approve submission of the 2000 application for
Commurdty Development Block Grant (CDBG) funds in the amount of $31,793 for public
service agencies as recommended by the Human Services Commission, $150,165
for commemial revitalization, and $30,000 for housing rehabilitation; and, furthermore, to direct
staffto prepare and submit said application to Anoka County. Upon vote, all ayes. Motion
carded.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
City Attorney Hoefi indicated these ordinance revisions are to make council members non-members of City
Commissions. Assistant City Manager Magee revised the ordinances. Hoefi indicated this ordinance should
be tabled at the second reading if vacated seats are not yet filled. [Yyckoff indicated she is proud of
Councilmembers for working together to accomplish this task, as commissions should be a place.where
residents can participate and have their say. She encouraged residents to become active and help the Council
make decisions by applying to serve on City Commissions. For applications, residents may come to City Hall or
call the Deputy City Cleric
Fehst described the duties of the Human Service Commission, including funding of service organizations,
selecting Humanitarian of the Year, and currently an essay contest in the schools on the Bill of Rights. The
group meets quarterly. Hunterpromoted the Planning and Zoning Commission as one of the most important
and active commissions which must have a quorum to take action. Residents must be 18years of age to apply.
1)
First Reading of Ordinance No. 1405, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Park and Recreation Commission
ORDINANCE NO. 1405
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE PARK AND RECREATION COMMISSION
The City of Columbia Heights does ordain:
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
Amount of CDBG funds provided by Anoka County for the program year beginning in 2000 to
City of Columbia Heights.
for: Projects Listed Below
A description of goods and/or services to be provided by the above-named organization with
the assistance of the CDBG funds and the target population to be served:
Budqets:
#028 Columbia Heights Public Service Pool $6,000
Funding to public service agencies that deliver services to primarily Iow
income persons and families including, but not limited to: (1)HOT MEALS
FOR SHUT-INS located at 550 Osborne Road NE in Fridley($4,500),
(2)HANDYWORKS PROGRAM located at 6085 7th Street NE in
Fridley($500), (3)Independent School District #13 located at 1400 49th
Avenue NE in Columbia Heights(S1,000) *ADDITIONAL FUNDING OF
$25,793 UNDER MULIT-CITY CONTRACTS for: Alexandra
House(S2,000), ACCAP-Senior Outreach(S8,793), ARC of Anoka
County(S1,500), CEAP($500), Central Center for Family
Resources(S2,000), Children's Home Crisis Nursery(S3,000), Resource
Center for Fathers & Families(S500), SACA($7,500)
#030 Columbia Heights Commercial Revitalization $150,165
This activity involves the acquisition and clearance of blighted and
deteriorated commercial and industrial properties. The properties that are
acquired and cleared must be uninhabitable due to building
conditions which are detrimental to the health, safety and welfare of
the occupants. The acquisitions will also clear spot blight problems in the
major commercial corridors. Properties to be considered will be either
vacant or have a willing seller. Acquisitions would comply with the
applicable relocation policies. Properties will be identified by Community
Development (CD) Departments staff. An evaluation will be made of the
property's physical condition, feasibility of rehabilitation and potential
marketability. The City of Columbia Heights will be responsible for making
a final determination of the properties to be acquired under this program.
The acquisition and clearance of blighted commercial and industrial
properties will be on a scattered site basis and will be available City
wide. Properties which are acquired and cleared must be located in
commercial and industrial zoning districts and will consist of
commercial structures and non-conforming single family homes in
commercial zoned districts. Properties that are planned for future
commercial or industrial development or are located within a focus
redevelopment area as designated in the City Comprehensive Plan
will also be considered. Please see attached map for commercial
and industrial zone areas.
City of Columbia Heights
Exhibit A: Project Description and Budget
Page 2
#055
Columbia Heights Housing Rehabilitation
This activity involves the rehabilitation of Iow income owner occupied
single family and duplex residential properties. The funds are awarded to
eligible homeowners in the form of a 50% grant/50% deferred loan. The
50% grant portion would not have any interest charge and would not have
to be paid back if the homeowner remains in the rehabilitated property for
a period of five years. The remaining 50% loan portion would have no
interest charge and would be paid back only upon the sale, change of use
or moving from the property. A home improvement grant/deferred loan
may be used for three primary types of improvements. The City
Building Inspector will complete a thorough, inspection of the entire house
and conclude exactly what work should be done. First priority in
improvements will be those that upgrade health and safety conditions.
Second priority is given to upgrading the house in accordance with current
building code requirements. Finally, improvements will be suggested that
improve the energy efficiency of the home. Typical improvements would
include (in random order): doors and windows, water heaters, furnaces,
wiring and plumbing, and roofs. City contract with CEE.
Funding includes Columbia Heights portion from County-Wide
Rehabilitation Program in the amount of $62,846.
Total:
$92,846
$249,011
Note: Above total does not include allocations to Public Services that are under Multi-City
Contracts (shown above) or $1,000.00 to County Administration.
Liason per Section 4A: Kenneth R. Anderson
Authorized to sign vouchers & reports per Section 4A: Kenneth R. Anderson Printed Name
Signature
Projects to be completed by Per Anoka County Board
December 31,2001 Resolution #85.23
EXHIBIT B
City of Columbia Heights
2000 CDBG Application
Section A
SECTION A
CITY OF COLUMBIA HEIGHTS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
2000 APPLICATION
List of Projects and Funding Breakdown
PROJECT
Commercial Revitalization
Housing Rehabilitation
Public Service Agency ACCAP
ARC of Anoka County
Alexandra House
Children's Home Crisis Nursery
CEAP
Hot Meals for Shut-Ins
SACA
Handyworks Program
Central Center for Family Res.
Res. Center for Fathers & Fam.
Independent School District #13
TOTAL PROJECT
FUNDING EXPENSES
$150,165 $120,132
$30,000 $24,000
$31,793 $31,793
$8,793
$1,500
$2,000
$3,000
$500
$4,500
$7,500
$500
$2,000
$500
$1,000
ADMIN.
$30,033
$6,000
TOTAL FUNDING REQUEST=
$211,958 $175,925
$36,033
Page 1
Council Meeting of.' A-t~g~'~z~, 2000
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
CONCEPT OF ALLOWING FURTHER DATE: 08/16/2000
PROLIFERATION OF LIQUOR SALES FROM ~,~.,
DISPENSARIES OTHER THAN DULY
AUTHORIZED OFF-SALE LIQUOR STORES
Back,round
Over the years there have been several attempts by liquor wholesalers, grocery stores, service
stations, and other entities to have state statutes changed to permit these retail outlets the privilege
of selling strong beer and/or wine. It appears that there is now another push underway for the
authorization of these entities to sell wine and/or strong beer.
Ramifications
There are several concerns in relationship to this proliferation of liquor sales. First, several of these
entities are multi-functional retail operations that do not specialize in liquor sales. Subsequently,
the training provided to their clerks may not be as adequate as mining to clerks of off-sale liquor
operations that only specialize in liquor sales. Second, most of these retail operations employ clerks
and/or managers who are under the age of 21. In these cases, the clerks/managers could not legally
purchase the merchandise themselves, but would be selling it to others. The third item of concern
is that several of these operations have hours well beyond the normal 10:00 p.m. closing time and
a majority of them are also open on Sunday. Also, a tremendous number of customers in these stores
are underage. The availability of liquor products in these stores becomes more tempting to these
underage customers for both the attempted purchase and/or shoplifting. These are but a few of the
high points for being opposed to the proliferation of liquor sales. In addition to the above, there are
the additional policing costs and the overall effects this could have on any community to consider.
Recommendation
At the present time, both the League of Minnesota Cities and the Municipal Beverage Association
are promoting the adoption of a resolution opposing dispensing these items fi.om stores other than
off-sale liquor stores.
RECOMMENDED MOTION: Move to waive reading of Resolution 2000-58 there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2000-58 being a resolution opposing the
concept o fallowing further prohferation of liquor sales fi.om dispensaries other than duly authorized
off-sale liquor stores.
WE:sms
0008165COUNCIL
COUNCIL ACTION:
RESOLUTION biO. 2000-$8
A RESOLUTION OPPOSING ~ CONCEPT OF ALLOWING FURTI~rI~R PROLIFERATION OF
LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED
OFF-SP, I,~ LIQUOR STORES
WHEREAS the sale of 3.2 beer by convenience stores, grocery stores, gas stations, and other associated
retail outlets for off premise consumption is currently allowed under Minnesota law, and
WHEREAS
the check out clerks at the aforementioned types of retail outlets do not specialize in liquor
sales and they are not generally ~rained to recognize fake identification or in other alcohol
management techniques normally required for the employees of duly authorized off-sale
liquor dispensaries, and
WHEREAS
there is a proposal before the Minnesota Legislature that, if adopted and made law, would
allow convenience stores, grocery stores, gas stations, and other similar retail outlets to sell
wine including sweet "pop" wines, wine coolers, and associated products for offpremise
consumption, and
WHEREAS the City of Columbia Heights is endeavoring to curtail youth access to alcohol and tobacco
products, and
WHEREAS the proliferation of the types of outlets where the sale of alcohol provides additional
opportunities for youth to have access to alcohol, now, therefore, be it
RESOLVED by the City Council of the City of Columbia Heights that they hereby oppose the concept of
allowing the further proliferation of liquor sales from dispensaries other than duly authorized
off-sale liquor stores.
Adopted this ~ day of August, 2000.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: ~eptember 11,2000
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Ordinance #1419 BY: Kathryn Pepin DATE:
DATE: August 30, 2000 BY:
BACKGROUNDIANALYSIS
Since March of this year, The License Committee has been conducting the process of review and rewrite of Chapter 5, Article V of the
City Code pertaining to beer, wine and liquor licensing for the City of Columbia Heights. Staff has gathered similar ordinances from
eleven other cities for comparison. Those city's are Andover, Anoka, Blaine, Brooklyn Park, Brooklyn Center, Coon Rapids, Crystal,
Fridley, Golden Valley, Lino Lakes, Minneapolis. We also used Chapter 340A of State Statute to assure compliance with State law.
Ordinance 1419 contains the rewritten sections pertaining to Club On Sale Liquor, On Sale Intoxicating Liquor, Sunday On Sale
Intoxicating Liquor, and Temporary On Sale Intoxicating Liquor. We have combined the Sunday On Sale Club section with Sunday On Sale
Liquor repealing the current Sunday Club Liquor section as the language for both was the same or similar. The Limited On Sale Liquor
section has been combined into the On SaJe Intoxicating Liquor section under 5.503(3). Section 5.§0§ pertaining to Limited On Sale
Liquor is being repealed. The remaining sections have been significantly changed with a lot of old language eliminated that was not
necessary or not in conformance with State Statute.
In response to the City Council's concern with the 300 foot distance required currently for any beer, wine or liquor establishment, the
License Committee found that the 300 foot requirement was the minimum distance of the eleven cities used in our comparison. It was
the consensus of the License Committee to leave the 3O0 foot distance as currently stated.
The ratio of food/liquor sales which currently requires 40% food sales has been increased to 60% food sales. The 60% ratio was the
number used by more than half of the eleven cities. In addition, the food/ratio requirement will now be the same for all aspects of beer,
wine or liquor establishments. The minimum seating requirement for on sale liquor is currently at 150 seats. The survey of the eleven
cities showed that a variety of calculation methods were used including square footage of the entire building, the dining area, the seating,
etc. After much discussion regarding future development and direction of the City, the 150 seat requirement is proposed to remain.
RECOMMENDATION: The License Committee feels that this finished product will best serve the needs of the City in implementation and
enforcement of licensing rules and regulations regarding the sale of intoxicating liquor.
RECOMMENDED MOTION:
Move to waive the reading of Ordinance #1419 there being ample copies available to the public.
RECOMMENDED MOTION:
Move to schedule a second reading of Ordinance #1419, being an ordinance amending Ordinance 853, City Code of 1977, pertaining to
the amendment of certain sections of the licensing requirements of the city for September 25, 2000 at 7:00 p.m.
COUNCIL ACTION:
ORDINANCE NO. 1419
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING
TO THE AMENDMENT OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF
THE CITY.
The City of Columbia Heights does ordain:
SECTION 2: Section 5.502 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Intoxicating Liquor, Club Sales which currently reads as follows to wit:
5.5020)
On-sale licenses for the sale of intoxicating liquor may be issued to bona fide
clubs, as defined herein, which have been in existence for fifteen (15) years or
more, or to an incorporated congressionally chartered veterans organization which
has been in existence for ten (10) years or more.
(a)
For purposes of this section, club shall be defined as any corporation duly
organized under the laws of the State for civic, fraternal, social or business
purposes or for intellectual improvement or for the promotion of sports, which
shall have more than fifty members and which shall, for more than a year have
owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accommodation of its members, and whose affairs and management are conducted
by a Board of Directors, executive committee, or other similar body chosen by the
members at a meeting held for that purpose, none of whose members, officers,
agents or employees are paid directly or indirectly any compensation by way of
profit from the distribution or sale of beverages to the members of the club, or its
guests, beyond the amount of such reasonable salary or wages as may be fixed
and voted each year by the Directors or other governing body.
(b) The licenses issued shall be for sale of intoxicating liquors to club members and guests only.
(c)
The license fee shall be set by Resolution of the Council. In the absence of such
Resolution, the license fee shall be $300.00 annually.
5.502(2)
Any club as defined herein, may make application for such license. The
application shall be made with the Clerk and shall contain the following
information on a form described by the Minnesota Liquor Control Commissioner:
(a) Name and address of club.
(b) Date of Incorporation of club.
(c) Certified copy of the Articles of Incorporation.
(d)
Certified copy of the By-Laws of the club, including therein a definition of the work
"member".
(e) A list of the membership.
(f) A copy of the Charter, if any.
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
5.502(5)
5.502(6)
(a)
(b)
5.502(7)
List of corporate officers and Board of Directors.
A copy of Resolution of the club appointing a person to be in full charge of liquor
operation.
Copy of plat plan showing the size and location of building upon premises and occupied
by the applicant.
Description of off-street parking that is available.
Zoning of land.
Statement of Ownership of premises occupied by the applicant.
A statement as to whether or not real estate and personal property taxes to the premises to
be licensed are fully paid, and if not paid, the years and amounts of delinquency.
Executed signature of an officer of the corporation.
If a permit to the Federal Government is required, the application shall state whether such
permit has been issued and if so, in what name.
The true name of the person in charge.
Place and date of birth of the person in charge.
Residence street address of the person in charge of the liquor operation and whether the
person in charge of the liquor operation is married or single. If married, the true name
and place and date of birth and residence street address of the person and charge's spouse.
Whether the person in charge and his spouse are registered voters in Anoka County and
of Columbia Heights.
Every applicant and licensee shall provide insurance in accordance with Section 5.503(15).
The Clerk shall forward the license application to the Chief of Police for an
investigation of the truthfulness of the statements set forth in the application.
The applicant shall furnish to the Chief of Police such evidence as he may reasonably require in
support of the statements set forth in the application.
The Chief of Police shall report and endorse his findings upon the application and return the
same to the Clerk.
The Clerk shall refer applications for an on-sale liquor license under this section
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.
No license shall be issued in violation of any of the provisions of Minnesota
Statutes Chapter 340, which provisions shall govern over any contradiction or
conflict in the interpretation of the provisions of this chapter.
No on-sale license shall be granted to any club which does not have at the time of
making its application, an unrevoked license issued by the city for the on-sale of
non-intoxicating malt liquor, providing that if the said applicant, coincident with
its application for an on-sale liquor license has made application and paid the fee
for an on-sale beer license, and the same has been granted by the Council or is
granted coincident with the granting of the application for an on-sale liquor
license, said on-sale liquor license may be granted.
No on-sale license shall be issued for any building, room or place within 600 feet
of any public or parochial school, or church, said distance to be measured in a
straight line from the building in which such school or church is conducted and to
the main public entrance to the premises for which the license is sought.
5.502(8)
Clubs which are licensed pursuant to the provisions of this section shall be subject
to the following regulations:
No sales of any intoxicating or non-intoxicating malt liquor or intoxicating liquor may be
made (1) between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Saturday; (2)
between 12:00 midnight and 8:00 a.m. on Mondays; (3) after 1:00 a.m. on Sundays; or
(4) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25.
(b) Sales shall be made only to club members and their guests.
(c) Liquor may only be sold at the premises designated in the license.
(d)
The Clerk shall be notified of any change in the person managing the liquor operations
for the club.
(e)
The licensee shall at all times keep in full force and effect the bond or insurance as
required by this section. Failure at any time to do so shall be grounds for immediate
revocation of the license.
No licensee, or any agent or employee of such licensee shall violate any of the provisions
of State law relating to the sale, possession, manufacture or transportation of liquor upon
the premises of a licensee operating with a license issued pursuant to the provisions of
this section.
5.502(9)
Any on-sale license issued pursuant to the provisions of this section may be
revoked or suspended for a violation by the licensee, or any agent or employee
thereof, of any provision of the laws of the State of Minnesota relative to the sale,
possession, manufacture, or transportation of liquor upon the premises of a club
licensed pursuant to this section.
(a)
If such violation was not willful on the part of the licensee, the Council may suspend said license
for a period of up to thirty (30) days for the first violation, or for a period of up to ninety (90)
days for the second violation.
(b) Any revocation or suspension under this section shall be invoked in accordance with the
procedures prescribed by 5.104.
5.50200)
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be guilty ora misdemeanor, and
upon conviction thereof, shall be punished by a fine of not more than $500.00 and
imprisonment for not more than 90 days.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.502(1)
On-sale licenses for the sale of intoxicating liquor may be issued to bona fide
clubs, as defined herein, which have been in existence for three (3) fiftccn (I 5)
years or more, or to an incorporated congressionally chartered veterans
organization which has been in existence for three (3) ten (I 0) years or more.
(a) (b) The licenses issued shall be for sale of intoxicating liquors to club members and
guests only.
(b)(e)
The license fee shall be set by Minnesota State Statute TM ~^1'1'~'A~ --~*~'1---
........ ~. No license will be issued unless at the time of application the
applicant has paid the license fee in full and a non-refundable investigation
fee as set by City Council resolution. Where all applicants are in-state, the
investigation fee will be $500; where any applicants are out of state, the
investigation fee shall be $2,000. If the investigation fee for in-state or out of
state applicants exceeds the minimum fee, the additional costs of the
investigation will be billed to the applicant(s). Upon rejection of any
application for a license, or upon withdrawal of an application before
approval of the issuance by the City Council, the license fee shall be
refunded to the applicant. In any case, the investigation fee will be non-
refundable. All licenses shall expire on the last day of December of each
year.
5.502(2)
Any club as defined herein, may make application for such license. The
application shall be made with the Clerk and shall contain the following
information in addition to on a form from described ~y the Minnesota Liquor
Control Commissioner:
(a)
(b)
Name and address of club.
Date of and copy of Certificate of Incorporation of club or other documentation of
legal status.
Certified copy of the By-Laws of the club, including therein a definition of the
word "member".
(c)(d)
(f)(e)
(g)(O
(i)(n)
0)
A list of the membership.
A copy of the Charter, if any.
List of corporate officers, and Board of Directors and manager.
Copy of Lease Agreement or Statement of Ownership of premises occupied by
the applicant.
A statement as to whether or not real estate ~rse~'*~a~ taxes and local
assessments for to- the premises to be licensed are fully paid, and if not paid, the
years and an~ounts which are unpaid,,.-c
--- Executed signature of an officer of the corporation.
Full legal name of applicant and applicants spouse, place and date of birth,
street address of residence and length of time at that address of the applicant
and applicant's spouse; and any other information deemed necessary by the
City Council or issuing authority.
5.502(3 and 4)
Repealed 11/23/89 Ordinance 1190.
5.502(35)
the time of filing an application for any on-sale intoxicating liquor license, the applicant
shall file with the Clerk proof of financial responsibility for liability. The issuer or surety
on any liability insurance policy or bond shall be duly licensed to do business in the State of
Minnesota, and all documents shall be approved as to content, form and execution. The
licensee and the City shall be named as joint insured on the liability insurance policy. The
policy shall be effective for the entire license year or term of license.
Proof of financial responsibility may be provided by supplying to the Clerk
any of the following items:
(a)
A certificate that there is in effect for the license period an insurance policy providing at
least $50,000 of coverage because of bodily injury to any one person in any one occurrence,
$100,000 because of bodily injury to two or more persons in any one occurrence, $10,000
because of bodily injury to or destruction of property of others in any one occurrence,
$50,000 for loss of means of support of any one person in any one occurrence, and $100,000
for loss of means of support of two or more persons in any one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in Section 5.502(5)(a), or
(c)
A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities that may be legally purchased by savings banks or trust
funds having a market value of $100,000.
5.502(4)
The operation of an intoxicating liquor license without having on file at all
times with the City the liability insurance policy or other evidence of
financial responsibility required herein shall be grounds for immediate
revocation of the license. Notice of cancellation of a current liquor liability
policy serves as notice to the licensee of the impending revocation and unless
evidence of compliance with the financial responsibility requirements of this
section are presented to the Clerk before the termination is effective, the
license will be revoked instantly upon the lapse in coverage.
Any liability insurance required by this section must provide that it may not
be canceled for:
(a) Any cause, except for nonpayment of premium, by either the insured or the insurer
unless the canceling party has first given thirty days' notice in writing to the issuing
authority of intent to cancel the policy; and
(b) Nonpayment of premium unless the canceling party has first given ten days' notice in
writing to the issuing authority of intent to cancel the policy.
5.5o2(56)
5.502(6,)
5.502(78)
All applications shall be referred to the Chief of Police. The Chief of Police
or his/her designee is empowered to conduct any and all investigations to
verify the information on the application, including ordering a computerized
criminal history inquiry obtained through the Criminal Justice System
and/or a driver's license history inquiry as recorded by the State Department
of Public Safety on the applicant. The application shall also be referred to
the Chief of the Fire Department, the Building Official and the City Planning
and Zoning Department for a report indicating whether said premises are in
compliance with applicable ordinances and regulations. A public hearing
shall then be held before the City Council, at which time the application for a
license shall be considered. Opportunity shall be given to any person to be
heard for or against the granting of the license at a public hearing. The City
Council may accept or reject the license application in its discretion upon
completion of the public hearing.
Each license shall be issued to the applicant(s) only and shall not be
transferable to another holder. Each license shall be issued only for the
premises described in the application.
No license shall be issued to any applicant for a location within 300 feet of
any school or church, unless such license has been previously approved when
no school or church was so situated.
Clubs which are licensed pursuant to the provisions of this section shall be subject
to the following regulations:
(b)
(c)
(d)
No sales of any: .....:-~': ........ : ..... :--': ...."': ..... ' ' ' '
............. s ....... - ............. s ........ ~i-,- or intoxicating hquor may be
made (-1-) between 1:00 a.m. and 8:00 a.m. on the days of Monday Tucsday through
Saturday, nor (-2-)between 1:00 a.m. and 12:00 noon on Sunday. '~'^",,.,~,~ ..,~,.snt--:~-:~' ,,,,--~
Sales shall be made only to club members and their guests.
Liquor may only be sold at the premises designated in the license.
The Clerk shall be notified of any change in the person managing the liquor operations
for the club.
5.502(89)
Any on-sale license issued pursuant to the provisions of this section shall be
subject to Section 5.503(11) of this ordinance, nlay ~ ...... ,.A., o,o~, ..... d f~,
5.502(9q-0)
Any person violating any provision of this ordinance shall be guilty ora
misdemeanor, and upon conviction thereof, shall be punished as per State
SECTION 3: Section 5.503 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Intoxicating Liquor Sales which currently reads as follows to wit:
SECTION 3
INTOXICATING LIQUOR
5.503(1) Definitions shall be as follows:
(a)
The term intoxicating liquor shall mean and include ethyl alcohol and include
distilled, fermented, spiritous, vinous, and malt beverages containing in excess of
3.2% of alcohol by weight.
The terms sale and/or sell mean and include all barters and all manners or means
of furnishing intoxicating liquor or liquors as above described in violation or
evasion of law and also include the usual meaning of terms.
(c)
The term on-sale means the sale of intoxicating liquor by the glass or by the drink
for consumption on the promises only.
(d)
The term off-sale means the sale of intoxicating liquor in the original package in
retail stores for consumptio~n off or away from the premises where sold.
(e)
The terms package or original package means any corked or sealed container or
receptacle holding intoxicating liquors.
(f)
The term hotel means and includes any establishment having a resident proprietor
or manager, where, in consideration of payment thereof, food and lodging are
regularly furnished to transients, which maintains for the use of its guests not less
than one hundred (100) guest rooms with bedding and other usual suitable and
necessary furnishings in each room, which is provided at the main entrance with a
suitable lobby, desk, and office for the registration of its guests o on the ground
floor, which employs an adequate staffto provide suitable and usual service, and
which maintains under the same management and control as the rest of the
establishment and has, as an integral part thereof, a dining room with appropriate
facilities for seating not less than one hundred (100) guests at one time, where the
general public are, in consideration of payment thereof, served with meals at
tables.
(g)
(i)
The term restaurant means any establishment, other than a hotel
under the control of a single proprietor or manager, having
appropriate facilities for the serving of meals, and where, in
consideration of payment therefor, meals are regularly served at
tables to the general public, and which employs an adequate staff
to provide the usual and suitable service to its guests. Such
establishment shall have facilities for seating not less than one
hundred fifty (150) guests at one time. At least forty percent
(40%) of the annual receipts of the establishment must result from
the sale of food.
(ii)
Any bowling alley with not less than fifteen (15) lanes and with
appropriate facilities for the serving of food to not less than thirty
(30) persons. Such establishment may include bowling receipts
with food receipts for purposes of calculating the sixty percent
(60%) food receipt requirement of Section 5.503(11)(p) and may
include the area of its bowling lanes in the minimum dining area
requirement for purposes of Section 5.503(10)(c).
(h)
The Twin City Metropolitan Area is defined as being comprises of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott and Washington Counties.
(i) The term "interest" as used in this section includes any pecuniary interest in the ownership,
operation, management or profits of a retail liquor establishment, but does not include bona fide
loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business of selling or
leasing merchandise, fixtures, or supplies to such establishment; or an interest often percent
(10%) or less in any corporation holding a license. A person who receives moneys from time to
time directly or indirectly from a licensee, in the absence ora bona fide consideration therefor
and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such
retail license. In determining "bona fide" the reasonable value of the goods or things received as
consideration for any payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this
section shall be considered.
5.503(2) No person except wholesalers or manufacturers to the extent authorized under state license shall
directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license
to do so as provided in this chapter.
5.503(3) Every application for a license shall be verified and filed with the City Clerk.
5.503(4) In addition to the information which may be required by the State Liquor Control Commissioner's
form, the application shall contain the following:
(a)
Whether the applicant is a natural person, corporatiion, partnership, or other form of
organization.
(b) Type of license applicant seeks.
(c) If the applicant is a natural person, the following information:
(i) True name, place and date of birth, and street resident address of applicant.
(ii) Whether applicant has ever used or been known by a name other than his true
name and, if so., what was such name or names and information concerning dates
and places where used.
(iii) The names of the business if it is to be conducted under a designation, name
or style other than the full individual name of the applicant, in such case, a copy
of the certification as required by Chapter 333, Minnesota Statutes, certified by
the Clerk of the District Court, shall be attached to the application.
(iv) Whether applicant is mamed or single. If married, true name, place of birth,
and street residence address of applicant's present spouse.
(v) Whether applicant and present spouse are registered voters, and, if so, where.
(vi) Street addresses at which applicant and present spouse have lived during the
preceding ten years.
(vii) Kind, name and location of every business or occupation applicant or
present spouse have been engaged in during the preceding ten years.
(viii) Names and addresses of applicant's and spouse's employers and partners, if
any, for the preceding ten years.
(ix) Whether applicant or his spouse or a parent, brother, sister, or child of either
of them has ever been convicted of any felony, crime, or violation of any
ordinance other than traffic. If so, the applicant shall furnish information as to the
time, place and offense for which convictions were had.
(x) Whether applicant or his spouse, or a parent, brother, sister, or child of either
of them has ever been engaged as an employee or in operating a saloon, hotel,
restaurant, cafe, tavern, or other business of a similar nature. If so, applicant shall
furnish information as to the time, place, and length of time.
(xi) Whether applicant has ever been in military service. If so, applicant shall,
upon request, exhibit all discharges.
(xii) The name, address, and business address of each person who is engaged in
Minnesota in the business of selling, manufacturing, or distributing intoxicating
liquor and who is nearer of kin to the applicant of his spouse than second cousin
whether of the whole or half blood computed by the rules of civil law or who is a
brother-in-law or sister-in-law of the applicant or his spouse.
(d)
If the applicant is a partnership, the names and addresses of all partners and all information
concerning each partner as is required of a single applicant in Subsection C above. A managing
partner or partners shall be designated. The interest of each partner in the business shall be
disclosed. A true copy of the partnership agreement shall be submitted with the application; and
if the partnership is required to file a certificate as to a trade name under the provisions of
Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Clerk of District
Court shall be attached to the application.
(e)
If the applicant is a coproration or other organization and is applying for an on sale license, the
following:
(i) Name and if incorporated, the state of incorporation.
(ii) A true copy of Certificate of Incorporation, Articles of Incorporation or
Association Agreement, and By-Laws and ifa foreign corporation a Certificate of
Authority as described in Chapter 303, Minnesota Statutes.
(iii) The name of the manager or proprietor or other agent in charge of the
premises to be licensed, the assistant manager(s), the food manager(s), and the
beverage manager(s), giving all the information about said person(s) as is required
of a single applicant in Subsection C above.
(iv) Notwithstanding the definition of interest as given in Section 1, Subdivision
I above, the application shall contain a list of all persons who singly or together
with their spouse or a parent, brother, sister, or child or either of them own or
control an interest in said corporation or association in excess of five percent or
who are officers of said corporation together with their addresses and all
information as is required of a single applicant in Subsection C above.
The exact legal description of the premises to be licensed together with a plot plan of the area
showing dimensions, location of buildings, street access, parking facilities, and the locations of
distance to the nearest church building and school grounds.
(g) An applicant for an on-sale license shall submit a floor plan of the dining room or dining
rooms which shall be open to the public, shall show dimensions, and shall indicate the
number of persons intended to be served in each of said rooms.
(h)
Ifa permit from the federal government is required by the laws of the United States,
whether or not such permit has been issued and if so required in what name issued and
the nature of the permit.
(i)
The amount of the investment that the applicant has in the business, building, premises,
fixtures furniture, stock in trade, etc., and proof of the source of such money.
The names and addresses of all persons other than the applicant who have any financial
interest in the business, building, premises, fixtures, furniture, stock in trade; the nature of
such interest, amount thereof, terms for payment, or other reimbursement. This shall
include but not be limited to any lessees, lessors, mortgagees, mortagors, lendors, lein
holders, trustees, trustors, and persons who have cosigned notes or otherwise loaned,
pledged, or extended security for any indebtedness of the applicant.
(k)
The names, residences and business addresses of throe persons of good moral character
not related to the applicant or financially interested in the premises or business who may
be referred to as to the applicant's character or, in the case of a manager, the manager's
character. These referrals shall be residents of the Twin City Metropolitan Area unless
either the applicant or the Columbia Heights Police Department can demonstrate to the
Council that it would be preferable to have referrals from persons residing outside of
Anoka County.
¢)
Whether or not all real estate and personal property taxes for the premises to be licensed
which are due and payable have been paid and if not paid, the years and amounts which
are unpaid.
(m)
Whenever the application for an on sale license to sell intoxicating liquor or for a transfer
thereof is for premises either planned or under construction or undergoing substantial
alteration, the application shall be accompanied by a set of preliminary plans showing the
design of the proposed premises to be licensed. If the plans or design are on file with the
Building and Inspection Division, no plans need be filed with the License Division.
(n) Such other information as the City Council shall require.
5.503(5) Applications for the renewal of an existing license shall be made at least 60 days prior to the date of
the expiration of the license. If, in the judgment of the City Council, good and sufficient cause is shown by an
applicant for his failure to file for a renewal within the time provided, the City Council may, if the other
provisions of this ordinance are complied with, grant the application.
At the earliest practicable time after application is made for a renewal of an on sale license, and in any event
prior to the time that the application is considered by the City Council, the applicant shall file with the City
clerk a statement prepared by a certified public accountant that shows the total gross sales and the total food
sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal
applications. A foreign corporation shall file a current Certificate of Authority.
5.503(6) If the application is by a natural person, it shall be signed and sworn to by such person; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated
association, by the manager or managing officer thereof. If the applicant is a partnership, the application,
license and bond (or insurance policy) shall be made and issued in the name of all partners.
5.503(7) License fees shall be as follows:
(a)
The initial license fee shall be paid in full before the application for a license is
accepted. Renewal license fees shall be paid in full by December 20 preceding
each license year. All fees shall be paid into the general fund of the City. All
licenses shall expire on the last day of December of each year. Upon rejection of
any application for a license, or upon withdrawal of application before approval of
the issuance by the City Council, the license fee shall be refunded to the applicant.
(b)
The fee for an on sale license granted after the commencement of the license year shall be
prorated on a daily basis.
(c)
When the license is for premises where the building is not ready for occupancy, the time
fixed for computation of the license fee for the initial license period shall be 90 days after
approval of the license by City Council or upon the date the building is ready for
occupancy, whichever is sooner.
(d)
No transfer of a license shall be permitted from place to place or person to person without
complying with the requirements of an original application except as provided by Section
4 of this ordinance.
(e)
No part of the fee paid for any license issued under this ordinance shall be refunded as a
result of the suspension or revocation ora license under this ordinance. The City Council
may in its judgment refund a pro rata portion of the fee paid for the unexpired portion of a
license fee, when operation of the licensed business ceases not less than one month before
the expiration of the license because of:
(i) Destruction or damage of the licensed premises by fire or other catastrophe.
(ii) The licensee's illness.
(iii) A change in the legal status of the municipality making it unlawful for a
licensed business to continue.
(f) W here a new application is filed as a result of incorporation by an existing licensee and the
ownership control and interest in the license are unchanged, no additional license fee will be
required.
(g) The annual licensee fee shall be set by Resolution of the Council. In the absence ora
Resolution, the annual license fee shall be $5,000.00.
5.503(8) All applications shall be referred to the Chief of Police for investigation and to such other City
Departments as the City Manager shall direct for verification and investigation of the facts set forth in the
application and such other pertinent infonmation as the Council, Manager, or Chief of Police shall deem
necessary. No license may be issued unless at the time of application the applicant shall have paid an
investigation fee as the Council shall set by Resolution. In the absence of any Resolution the fee shall be
$500.00. The Council may waive a portion of the fee upon a finding that the application for a license is caused
by a mere corporate reorganization with none of the owners of five or more percent interest holders changing.
Provided, however, that such investigation fee shall be required because of a change in the ownership or control
of a licensed corporation or because a person not previously listed in the original application shall seek to
acquire or shall have acquired an interest of five percent or more of the ownership of the corporation. No
investigation fee shall be charged simply because of the incorporation of an existing license without change of
ownership, control and interest in the promises or license.
At any time that an additional investigation is required because of an alteration, enlargement, or extension of
premises previously licensed or a transfer from place to place, the licensee shall pay an additional investigation
fee of $100.00.
Should the City Council find that an investigation is required outside the State of Minnesota, the Council may
require an investigation fee of up to $10,000.00 or such lesser sum as the Council may set by Resolution. Upon
completion of the investigation, the amount of such fee for an outside the state investigation not actually
expended, including staff costs, shall be refunded to the applicant.
5.503(9) No license shall be granted to or held by any person:
(a) Under nineteen (19) years of age.
(b) Who is not of good moral character and repute.
(c) Who, if an individual, is an alien.
(d)
Who within fifteen (15) years to the application for such license has been convicted of any
willful violation of any law of the United States, the State of Minnesota, or any other State or
Territory, or of violation of any local ordinance with regard to the manufacture, sale, distribution,
or possession for sale or distribution of intoxicating Iiquor.
(e)
Who within fifteen (15) years prior to the application has had a license under the Intoxicating
Liquor Act revoked for any willful violation of the laws or ordinances referred to in this Section.
(0
Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler
shall either directly or indirectly own or control or have any financial interest in any retaiI
business selling intoxicating liquor.
(g)
Who is directly or indirectly interested in any other establishment in the City of Columbia
Heights to which an on sale license has been issued under this ordinance.
(h)
Who is the spouse of a person otherwise ineligible for a license under this ordinance, or who is
not the real party at interest or beneficial owner of the business operated, or to be operated, under
the license.
(i)
Who, if the applicant is a partnership, has any partner who would be otherwise ineligible for a
license under this ordinance.
(J)
Who, if a corporation, has an owner of a five or more percent interest who would be otherwise
ineligible for a license under this ordinance.
(k)
Who is or has a proprietor or manager who is otherwise ineligible for a license under this
ordinance.
(1) A licensee who, at the time of application for renewal of a license, is not a resident of the Twin
City Metropolitan Area.
(m) Who, in the case of a partnership, at the time of application for renewal, does not have a
managing partner who is a resident of the Twin City Metropolitan Area.
Who, in the case of a corporation, does not have a manager who is a resident of the Twin City
Metropolitan Area at the time of renewal.
(o)
No person shall own an interest in mom than one establislunent or business within Columbia
Heights for which an on sale license has been granted.
5.503(10) Places ineligible for license are as follows:
(a)
No license shall be granted, or renewed, for operation on any premises, on which taxes,
assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In
the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota
Statutes, questioning the amount or validity of taxes, the Council may, on application by the
licensee, waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof, which remain unpaid for a period exceeding one year after
becoming due.
(b)
No license shall be issued for the premises owned by a person to whom a license may not be
granted under this ordinance, except any owner who is a minor, alien, or a person who has been
convicted of a crime other than a violation of Minnesota Statutes, Section 340.07 through
340.09. Provided, however, that no such person may have a financial interest in the operation of
the business at such location.
(c)
No on sale license shall be granted for a restaurant that does not have a dining area, open to the
general public, with a total minimum floor area of 3000 square feet or for a hotel that does not
have a dining area open to the general public with a total minimum floor area of 2000 square
feet.
(d)
No license shall be granted for any place which has a common entrance or exit between any two
establishments except that a public concourse or public lobby shall not be construed as a
common entrance or exit.
(e)
No license shall be granted for any hotel or restaurant building, the nearest point of which
building structure is within 200 feet of the center of the main or front door of a church measured
in a straight line. A chumh shall have only one main or front door for the purposes of this
chapter. The erection of a church within a prohibited area or a change of location of a main or
front door, after an original application has been granted, shall not, in and of itself, render such
premises ineligible for renewal of the license. No license shall be granted for any hotel or
restaurant building, the nearest point of which measured in a straight line, is within 300 feet ora
school building.
(f) No license shall be issued for premises other than a hotel or restaurant.
(g) No license shall be granted for any premises which does not have a sprinkler system.
5.503(11) Conditions of license shall be as follows:
(a) Every license shall be granted subject to the conditions of the following subdivisions and all
other subdivisions of this ordinance and of any other applicable ordinance of the City or State
law.
(b)
(c)
The license shall be posted in a conspicuous place in the licensed establishment at all times.
Any police officer, building inspector, or any employee so designated by the City Manager shall
have the unqualified right to enter, inspect, and search the premises of the licensee during
business hours without a warrant.
(d)
(e)
(0
(g)
(h)
Every licensee shall be responsible for the conduct of his place of business and the conditions of
sobriety and order in the place of business and on the premises.
No on sale licensee shall sell intoxicating liquor off sale.
No license shall be effective beyond the space named in the license for which it was granted.
No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any
habitual drunkard, to any person under 19 years of age, or to any person to whom sale is
prohibited by state law.
No person under 19 years of age shall be employed in any rooms constituting the place in which
intoxicating liquors are sold at retail on sale, except that persons under 19 years of age may be
employed to perform the duties of a busboy or dishwashing services in places defined as a
restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail
on sale.
(i)
No equipment or fixtures in any licensed place shall be owned in whole or in part by any
manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by
state law.
(k)
(1)
(m)
No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original
package ~vhich has been refilled or partly refilled. No licensee shall directly or through any other
person delete or in any manner tamper with the contents of any original package so as to change
its composition or alcoholic content while in the original package. Possession on the premises
by the licensee of any intoxicating liquor in the original package differing in composition or
alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it
was purchased, shall be prima facie evidence that the contents or the original package have been
diluted, changed or tampered with.
No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a
Federal gambling stamp.
No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed
premises or permit their use on the premises as a beverage or mixed with a beverage.
The business records of the licensee, including Federal and State tax returns, shall be available
for inspection by the City Manager, or other duly authorized representative of the city at all
reasonable times.
(n)
Changes in the corporate or association officers, corporate charter, articles of incorporation, by-
laws or partnership agreement, as the case may be, shall be submitted to the City Clerk within 30
days after such changes are made. In the case of a corporation, the licensee shall notify the City
Clerk when a person not listed in the application acquires an interest which, together with that of
his spouse, parent, brother, sister or child, exceeds five percent (5%), and shall give all
information about said person as is required of a person pursuant to the provisions of Section 4 of
this ordinance.
(o)
(P)
(q)
(r)
At the time a licensee submits his application for renewal of a license, he shall state the nature
and amount of any contribution he has made in the preceding five years for state and local
campaign or political purposes, the person to whom the contribution was made and the person or
organization for whom intended.
A licensed restaurant shall be conducted in such a manner that no less than forty percent (40%)
of the business receipts for license year is the serving of foods. A hotel shall be conducted in
such a manner that, of that part of the total business receipts attributable to or derived from the
serving of foods and intoxicating liquors, no less than forty pement (40%) of the business
receipts for a license year is the serving of foods.
A bowling alley shall be conducted in such a manner that no less than sixty
percent (60%) of the business receipts for the license year shall be derived from
the serving of food and from bowling.
No licensee shall knowingly permit the licensed premises or any room in those premises or any
adjoining building directly or indirectly under his control to be used as a resort for prostitutes.
No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any
slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall
not permit any gambling therein. Provided, however, that charitable gambling and charitable
gambling devices shall be permitted only to the extent specifically authorized by resolution of
the Council.
(s)
At the time of application for renewal of an application for an on sale license, the applicant shall
submit proof to the City that during the license year immediately preceding the year for which
the application is made:
(i) in case of a restaurant, not less than forty percent (40%) of the gross sales
of the establishment for which the on sale license is to be issued was from
the serving of food, or
(ii)
in the case of a bowling alley, not less than sixty percent (60%) of the
gross sales of the establishment for which the on sale license is to be
issued was from bowling receipts and the serving of food.
5.503(12) No sale of intoxicating liquor for consumption on a licensed premises may be made (1) between 1:00
a.m. and 8:00 a.m. on the days of Tuesday through Saturday; (2) between 12:00 midnight and 8:00 a.m. on
Mondays; (3) after 1:00 a.m. on Sundays; or (4) between 8:00 p.m. on December 24 and 8:00 a.m. on December
25.
5.503(13) No sale of intoxicating liquor shall be made to or in guest rooms of hotels unless the rules of such
hotel provide for the service of meals in guest rooms or unless the sale of such intoxicating liquor is made in the
manner on sales are required to be made or unless such sale accompanies and is incidental to the regular service
of meals to guests therein or unless the rules of such hotel and the description, location, and number of such
guest rooms are fully set out in the application for a license.
5.503(14) Restrictions on purchase and consumption are as follows:
(a)
No licensee, his agent, or employee shall serve or dispense upon the licensed premises any
intoxicating liquor or nonintoxicating malt liquors to any person under the age of 19 years; nor
shall such licensee, his agent, or employee permit any person under the age of 19 years to be
furnished or consume any such liquors on the licensed premises; nor shall such licensee, his
agent, or employee permit any person under the age of 19 years to be delivered any such liquors.
(b)
No person under 19 years of age shall misrepresent his age for the purpose of obtaining
intoxicating liquor or nonintoxicating malt liquor nor shall he enter any premises licensed for the
retail sale of intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or
having served or delivered to him for consuming any such intoxicating liquor or beer nor shall
any such person purchase, attempt to purchase, consume, or have another person purchase for
him any intoxicating liquor of beer.
(c) No person under 19 years of age shall receive delivery of intoxicating liquor.
(d)
No person shall induce a person under the age of 19 years to purchase or procure or obtain
intoxicating liquor or nonintoxicating malt liquor.
(e)
Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage the
consumption, sale or possession of which is regulated by age may only be established by a valid
driver license or a current non-qualification certificate issued pursuant to Minnesota Statutes,
Section 171.07.
Any person who may appear to the licensee, his employees, or agents to be under the age of 19
years shall upon demand of the licensee, his employee, or agent produce and permit to be
examined his driver license or current nonqualification certificate which shall be imprinted by
the licensee on forms described in Subdivision h hereof. Such imprintation shall be prima facie
evidence that the licensee, his agent or employee, is not guilty of a violation of the above
provisions and shall be conclusive evidence that a violation, if one has occurred, was not willful
or intentional.
(g)
(h)
The above imprintation shall be made by means of a mechanical device capable of leaving a true
and identical copy of the raised printing on the driver license or nonqualification certificate and
shall not be merely a handwritten transcription of the license or certificate.
The form upon which the imprintation is to be made shall be furnished at cost to the licensees
and may be used as evidence in any prosecution and by the City Council in any proceeding
before the Council or a committee thereof relating to the business or operations of the licensee.
Such forms shall be kept on file by the licensee for a period of one year after imprintation. The
form shall consist of a statement of age, driver license number or nonqualifying certificate
number. The following statements shall appear on the form and shall be read and signed, dated
and witnessed: "Read carefully before signing: M.S.A. 360.731: "It shall be unlawful for any
person to misrepresent or misstate his or her age or the age of any other person for the purpose of
inducing any licensee or any employee of any licensee or any employee of any municipal liquor
store to sell, serve, or deliver any alcoholic beverage to a minor". "M.S.A. 340.035: "It shall be
unlawful for any minor to misrepresent his age for the purpose of obtaining nonintoxicating malt
liquor." "I, by witness of my signature affixed, do hereby declare that I am 19 years of age or
over and that the driver license or age credentials presented by me before signing this statement
for the purchasing of beer or liquor belong to me and no other person".
(i)
No person shall give, sell, procure, or purchase intoxicating liquor to or for any person to whom
the sale of intoxicating liquor is forbidden by law.
(J)
No person shall mix or prepare intoxicating liquor for consumption or consume in any public
place not licensed in accordance with the ordinances of the City of Columbia Heights and State
of Minnesota.
(k) No intoxicating liquor shall be sold or consumed on a public highway or in an automobile.
5.503(15) Every applicant and licensee must file and maintain proof of financial responsibility with the city
Clerk as Follows:
(a)
A certificate that there is in effect for the license period an insurance policy or pool providing at
least $50,000 of coverage because of bodily injury to any one person in any one occurrence,
$100,000 because of bodily injury to two or more persons in any one occurrence, $10,000
because of bodily injury to or destruction of property of others in any one occurrence, $50,000
for loss of means of support of any one occurrence, and $100,000 for loss of means of support of
two or more persons in any one occurrence;
(b) A bond of a surety company with minimum coverages as provided in Section 5.503(15)(a), or
(c)
A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities that may be legally purchased by savings banks or trust funds
having a market value orS100,000. This section does not prohibit an applicant or licensee from
posting limits higher than those required under this section in combination with other insurance
coverage. The applicant and licensee must provide an annual aggregate policy limit dram shop
insurance oFnot less than $300,000 per policy year.
(d)
Any insurance certificates or policies filed with the City shall provide that the insured or insurer
may not cancel the policy, certificate or other coverage unless the canceling party has first given
not less than 30 days written notice to the City of its intent to cancel the policy. Any certificate
or policy posted in accordance with this section must show the names of the insurance company
and agency, policy number, and policy expiration date. Receipt by the City of a notice of
expiration of required insurance or certificates or of entry into the final 30 days of the term o£
any required policy or certificate without a renewal or other complying policy being filed with
the Clerk shall result in the immediate revocation or suspension of the license.
5.503(16) The City Council may suspend or revoke any intoxicating liquor license for the violation of any
provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating
liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for
mandatory revocation, and shall revoke for failure to keep the insurance required by Section 15 in full force and
effect.
Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by
the Council shall be preceded by written notice to the licensee and a public heating. The notice shall give at
least ten days notice of the time and place of the hearing and shall state the nature of the charges against the
licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a
period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at
the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60
days.
5.503(17) Any person violating any provision of this ordinance shall be guilty ora misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and
imprisonment for not more than 90 days.
SHALL HEREBY BE AMENDED TO READ AS FOLLOWS:
SECTION 3
INTOXICATING LIQUOR
(a)
(c)
(d)
(0
(g)
(i)
5.503(12) No person, except wholesalers or manufacturers to the extent authorized by State Statute license,
shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a
license to do so as provided in this chapter. On-sale intoxicating liquor licenses may be issued to the
following establishments:
(a)
(b)
(c)
(d)
hotels;
restaurants with minimum seating for 150 guests at one time and a dining area with
a minimum floor area of 3,000 square feet;
bowling centers with not less than fifteen lanes and with appropriate facilities for
the serving of food to not less than 30 persons;
clubs or congressionally chartered veterans organizations, with the approval of the
commissioner, provided that the organization has been in existence for at least three
(3) years; liquor sales only to members and bona fide guests.
5.503(2) On sale intoxicating liquor licenses shall be granted to establishments that derive at least sixty
percent (60%) of the annual gross receipts from the sale of food. A hotel shall have a dining area
providing seating for at least 75 guests at one time and a minimum often guest rooms, and of that part
of the total business receipts attributable to or derived from the serving of foods and intoxicating liquors,
no less than 60% of the business receipts from a license year must be attributable to the sale of food. A
bowling center shall be conducted in such a manner that no less than sixty percent (60%) of the business
receipts for the license year shall be derived from the serving of food and bowling.
5.503(3) A restaurant which contains a minimum of 3,300 square feet of building area located on the
same floor with minimum seating for 150 guests at one time and a combined waiting and dining space
with a minimum floor area of 2,000 square feet may make application for a Limited Intoxicating Liquor
License provided that the premises does not contain an elevated counter, commonly known as a bar and
meets the 60% requirements of 5.503(2). The annual license fee shall be set by resolution of the City
Council. In the absence of a resolution, the license fee shall be $5500.00.
5.503(4) No license shall be granted for any premises which does not have a sprinkler system.
5.503(35) Every application for a hcense ................ m_~ ._:,~. ,,~ ,-,:,.. ,,,__,.
...................... : ...... to sell intoxicating
liquor on-sale shall be made on a form supplied by the City. Applications shall be filed with the Clerk. It
shall be unlawful to make any false statement in an application. By submitting an application, the
applicant consents to any and all investigations the City deems appropriate and waives any claims the
applicant may have. Copies of the application shall be submitted to such other City departments as the
City Council shall deem necessary for verification and investigation of the facts set forth in the
application.
5.503(46) In addition to the information whic~ may be required by on the State Liquor Control
Commissioner's form, the on-sale intoxicating liquor license application shall contain the following
information:
(a) Type of license applicant seeks.
(a) (b) Whether the applicant is a natural person, corporation, partnership, or other form of organization.
(c)
Full legal name of applicant and applicants spouse, place and date of birth, street
address of residence and length of time at that address of the applicant and
applicant's spouse; and any other information deemed necessary by the City
Council or issuing authority.
(i)
Whether the applicant has ever used or been known by a name other than his/her
true name, and, if so, what was such name or names and information concerning
dates and places where used.
(ii) Name of business.
(iii)
The nature of any other business to be operated in conjunction with the on-sale of
intoxicating liquor and whether the applicant is the owner or operator of such other
business, and if so, the length of time in such business.
(iv)
Street addresses at which applicant and current spouse have lived during thc
preceding ten years.
(v)
Kind, name and location of every business or occupation applicant or present
spouse have been engaged in during the preceding ten years.
(vi)
Names and addresses of applicant's and spouse's employers and partners, if any,
for thc preceding ten years.
(vii)
Whether applicant or spouse has ever been convicted of any felony, crime, or
violation of any ordinance other than traffic. If so, the applicant shall furnish
information as to the time, place and offense for which convictions were had.
(viii)
Whether applicant or spouse has ever been engaged as an employee or in operating
a bar, saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If
so, applicant shall furnish information as to thc time, place, and length of time.
(ix)
Whether applicant has ever been in military service. If so, applicant shall attach
DD/214 form.
(d)
In the case of corporations, partnerships, or other form of organization, such
information relating to the identity of each officer, director and partner as
required in 5.503(5)(c).
(e)
If the applicant is a corporation or other organization and is applying for an on sale
license, the following will be required:
(1) Name and, if incorporated, the state of incorporation.
(2) A true copy of Certificate of Incorporation or other
documentation of legal status.
(g)
An applicant for an on-sale license shall submit a floor plan of the dining room or dining
rooms which shall be open to the public, shall show dimensions, and shall indicate the
number of persons intended to be served in each of said rooms.
(g) Three character references located within the State of Minnesota.
(h)
Whether or not all real estate ~taxes and local assessments for the
premises to be licensed which are due and payable have been paid and if not paid, the
years and amounts which are unpaid.
(i) Such other information as the City Council shall require.
5.503(57) Applications for the renewal of an existing license shall be made at least a minimum of 60 days
D
to
the
date
of the
~rior ex_., ....... j...~ ................ ~ .........s ..................
At the ....... A
t~ .......... time aRcr application is made for a renewal of an on sale license, and in any ,~
Clerk a statement prepared by a ce~ified public accountant that shows the total ~oss sales and the total food
sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal
5.503(68) If the application is by a natural person, it shall be signed and swom to by such person; if by a
organization, by an authorized representative of the same.
5 503(¢9) · : ..... £ .... L~11 LA ~ ~t'A11 ...... N li illbeiss d 1 t the ti e ofappli ti th
applicant has paid the license fee in full and a non-refundable investigation fee as set by City Council
resolution. In the absence ora resolution, the license fee shall be $6,500; where all applicants are in-state, the
investigation fee will be $500; where any applicants are out of state, the investigation fee shall be $2,000. If the
investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the
investigation will be billed to the applicant(s). A new application shall be submitted and a license fee and
investigation fee paid when there is a change in ownership or control ora licensed corporation. Upon rejection
of any application for a license, or upon withdrawal of an application before approval of the issuance by the
City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-
refundable. The license fee for an on-sale license granted after the commencement of the license year shall be
pro-rated on a monthly basis. All licenses shall expire on the last day of December of each year.
(c)
.... (a)
When the license is for premises where the building is not ready for occupancy, the time
fixed for computation of the license fee for the initial license period shall be 90 days after
approval of the license by City Council or upon the date the building is ready for
occupancy, whichever is sooner.
(d)
.... (b)
No transfer of a license shall be permitted from place to place or person to person without
complying with the requirements of an original application.,~A,~,~ ~ ............. ,,o [,,,,v,,,,~,~:~'-" '-'~,~
': ..... -' '-"-: ...... continue
5.503(10) All applications shall be referred to the Chief of Police. The Chief of Police or his/her designee
is empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a
driver's license history inquiry as recorded by the State Department of Public Safety on the applicant.
The application shall also be referred to the Chief of the Fire Department, the Building Official and the
City Planning and Zoning Department for a report indicating whether said premises are in compliance
with applicable ordinances and regulations. A public hearing shall then be held before the City Council,
at which time the application for a license shall be considered. Opportunity shall be given to any person
to be heard for or against the granting of the license at a public hearing. The City Council may accept or
reject the license application in its discretion upon completion of the public hearing.
Each license shall be issued to the applicant(s) only and shall not be transferable to another holder. Each
license shall be issued only for the premises described in the application.
5.503(911) No license shall be granted to or held by any person:
................. ,.,<,: ...... s,. Who is less than 21 years of age.
(b) Who is not of good moral character and repute.
(c)
· m._ :~__ :_~:..:~._, : .... ,:__ Who is not a citizen of the United States or a resident
alien, or upon whom it is impractical to conduct a background and financial investigation
due to the unavailability of information.
(d)
Who has been convicted of a felony or any violation of law of this state or
local ordinance relating to the manufacture, transportation or sale of beer,
wine, or of intoxicating liquors.
(e)
For the sale of intoxicating liquor on any premises also occupied by a
previous licensee who was convicted of a violation of this ordinance or where
a license has been revoked by the City Council.
(0
Who is a manufacturer .............. of intoxicating hquor ...................................
(k)(g)
ord-~nanc¢. Who is not the proprietor of the establishment for which the license is
issued.
(h)
Who is or during the period of this license becomes the holder of a federal retail
liquor dealer's special tax stamp for the sale of intoxicating liquor at such place.
(i) No license shall be issued to any applicant for a location within 300 feet of any
school or church, unless such license has been previously approved when no school
or church was so situated.
/1. \
5.503(12-H-) On sale intoxicating liquor licenses granted pursuant to the provisions of this section shall be
subject to the following conditions: '~--~:': .... c,: ...... ~_11 ~._ __ c_11 ......
(a)
Every license shall be granted subject to the conditions and provisions o£this ordinance and of
applicable ordinances o£ the City or State law.
(b) The license shall be posted in a conspicuous place in the licensed establishment at all times.
(c)
shall have the unqualified right to enter, inspect, and search the premises of the licensee during
business hours without a warrant upon information or belief of a violation of Federal, State or
local laws. Business hours shall be deemed any time when licensee or employees are
present on the premises. Refusal to permit such inspection is a violation of this ordinance
and grounds for revocation of license.
(d)
Every licensee shall be responsible for the conduct of his place of business and the conditions of
sobriety and order in the place of business and on the premises. The act of any employee on the
licensed premises authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided by ordinance,
statute, or regulation equally with the employee.
(e) No on sale licensee shall sell intoxicating liquor off sale.
(f) No license shall be effective beyond the space named in the license for which it was granted.
(g)
No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated
person,, .... ~ ......... ,~,,.~..,-, ..... ~ v .............. ~-,o to any person to whom
sale is prohibited by state law,
(h)
No licensee shall permit 18, 19, or 20 year old persons to remain on the premises unless to
perform work for the establishment including the sale or serving of alcoholic beverages,
consume meals, and attend social functions that are held in a portion of the establishment
where liquor is not sold. '"* .......... ~__ 1" ycar~ ~c .... L.~I! .... 1 .... A ~' ..........
" (i)No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package
which has been refilled or partly refilled. No licensee shall directly or through any other person delete or
in any manner tamper with the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the premises by the licensee of any
intoxicating liquor in the original package differing in composition or alcoholic content in the liquor
when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie
evidence that the contents or the original package have been diluted, tampered with or changed.
(k)
(J)
In the case of corporations, partnerships, or other forms of organizations,
when there is a change in officers, directors, or partners, a new application
must be submitted.
(r k)
No gambling allowed, nor any gambling device prohibited by law. No
5.503(13-I-2) No sale of intoxicating liquor for consumption on a licensed premises may be made 0-) between
1:00 a.m. and 8:00 a.m. on the days of Monday Tuesday through Saturday, nor between 1:00 a.m. and 12:00
of Mirmcsota.
5.503(144-3) At the time of filing an application for any on-sale intoxicating liquor license, the applicant
shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability
insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all
documents shall be approved as to content, form and execution. The licensee and the City shall be named
as joint insured on the liability insurance policy. The policy shall be effective for the entire license year
or term of license.
Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
(a)
A certificate that there is in effect for the license period an insurance policy or pool providing at
least $50,000 of coverage because of bodily injury to any one person in any one occurrence,
$100,000 because of bodily injury to two or more persons in any one occurrence, $10,000
because of bodily injury to or destruction of property of others in any one occurrence, $50,000
for loss of means of support of any one person in any one occurrence, and $100,000 for loss of
means of support of two or more persons in any one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in Section 5.503(145)(a), or
(c)
A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities that may be legally purchased by savings banks or trust funds
ha ing a market alue of $100 000 ~'~-: ..... :-- ~ ......... ~:~:' -- applicant or lJ ....... ~-~--
(d)
5.503(15) The operation of an intoxicating liquor license without having on file at all times with the City
the liability insurance policy or other evidence of financial responsibility required herein shall be
grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy
serves as notice to the licensee of the impending revocation and unless evidence of compliance with the
financial responsibility requirements of this section are presented to the Clerk before the termination is
effective, the license will be revoked instantly upon the lapse in coverage.
Any liability insurance required by this section must provide that it may not be canceled for:
(a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the
canceling party has first given thirty days' notice in writing to the issuing authority of intent to
cancel the policy; and
(b) Nonpayment of premium unless the canceling party has first given ten days' notice in *vriting
to the issuing authority of intent to cancel the policy.
5.503(16) The City Council may suspend or revoke any intoxicating liquor license for the violation of any
provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating
liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for
mandatory revocation, and shall revoke for failure to keep the insurance required by Section 5.503(135-) in full
force and effect.
~ ...... :-'~' ...... ~ ......... : ..... ~:--~ ~---: .... ti N d ry ti p i by
the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at
least ten days notice of the time and place of the hearing and shall state the nature of the charges against the
licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a
period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at
the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60
days.
5.503(17) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon
ictio thereof, shall be punished as pe State Statute b3 ~_A _~ ......... ~_ 1,:.._ ,,.._~_A~ ,~,~,^ ^,,,
ECTION 5: Section 5.505 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Limited Intoxicating Liquor Licenses which currently reads as follows to wit:
LIMITED INTOXICATING LIQUOR LICENSES
5.5050)
The provisions of Sections 5.503(1) through 5.503(17) inclusive, with the
exceptions of Sections 5.503(7)(g), 5.503(10)(c), and 5.503(12), are applicable in
all respects to all persons licensed or otherwise affected by limited intoxicating
liquor licenses except as is otherwise herein specifically provided.
5.505(2) The annual license fee for limited intoxicating liquor licenses shall be set by
resolution of the council, in the absence of a resolution, the annual license fee
shall be $5,400.00.
5.50 (3)
No sale of intoxicating liquor for consumption on the premises licensed under
this section may be made (1) before 8:00 a.m. on any day; (2) after 11:00 p.m. on
any day; (3) on Sundays; or (4) between 8:00 p.m. on December 24 and 8:00 a.m.
on December 25.
5.505(4) No license shall be granted under this section for a restaurant that:
(a)
(b)
(c)
(d)
Contains less than 3,300 square feet of building ama located on
the same floor;
Contains a combined dining and waiting area of less than 2,000
square feet;
Contains a seating capacity open to the general public of less than
150 seats; or
Contains an elevated counter, commonly known as a bar, the
primary purpose of which is used as a place where persons may
purchase and consume intoxicating liquor.
5.505(5)
No license shall be granted under this section for the sale of any intoxicating
liquor except in conjunction with a food purchase. No person shall sell or
purchase intoxicating liquor on premises licensed under this section except in
conjunction with a food purchase.
5.505(6)
Any person violating any provision of this Section 5.505 of this Code shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine
of not more than $500.00 and imprisonment for not more than 90 days.
SHALL HEREAFTER BE REPEALED.
SECTION 6: Section 5.506 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Sunday Intoxicating Liquor Sales which currently reads as follows to wit:
5.506(1)
Establishments to which on-sale licenses have been issued or hereafter may be
issued, pursuant to Sections 5.503 or 5.505 may serve intoxicating liquors
between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction
with the serving of food, provided that such establishment is in conformance with
the following, to-wit:
(a)
(b)
(c)
the Minnesota Clean Indoor Air Act;
the licensing provisions of Sections 5.503 and 5.505;
the applicant is not in violation of any provision of this Code.
5.506(2)
No person, firm or corporation shall sell or serve, directly or indirectly,
intoxicating liquors pursuant to Section 5.506(1) without having first obtained a
special license pursuant to this section.
5.506(3)
A Sunday liquor license may be issued only for a one (1) year period coinciding
with the dates of applicant's other license, for a fee of $200.00. If Minnesota
Statute #340.14, Subd. 5(b) is amended to allow charging a fee in excess of
$200.00, the Council may, by resolution, charge a fee in excess thereof.
5.506(4)
Any license granted hereunder may be revoked for cause or for any violation of
Sections 5.503 or 5.505.
5.506(5)
The provisions of Minnesota Statute #340.112 shall apply to Sunday liquor
licenses.
5.506(6)
No license to serve intoxicating liquor on Sunday shall be granted under this
chapter unless the applicant makes application pursuant to Section 5.503 of this
Code.
5.506(7)
The provisions of Sections 5.503(17) and 5.505(6) shall apply to any person, firm
or corporation selling or serving beverages in violation of this section.
SHALL HEREAFTER READ AS FOLLOWS:
5.506(I)
Establishments to which on-sale licenses have been issued or hereafter may be
issued, pursuant to Sections 5.502 and 5.503 and 5.5¢5 may serve intoxicating
liquors between the hours of 10:00 a.m. and ' ~'"^ --:~-:-~' -- °"-~ ~
............. s ........... a5 ~ 1:00
A.M. on Mondays in conjunction with the serving of food, provided that such
establishment is in conformance with the fc, llc;:~Sng, ,,~- .....
the Minnesota Clean Indoor Air Act;
5.506(2)
No person, firm or corporation shall sell or serve, directly or indirectly,
intoxicating liquors pursuant to Section 5.506(1) without having first obtained a
special license pursuant to this section.
5.506(3)
A Sunday liquor license may be issued only for a one (1) year period coinciding
with the dates of applicant's c~thcr intoxicating liquor license, for a fee of
$200.00. If Minnesota Statutes ~ are amended to allow
charging a fee in excess of $200.00, the Council may, by resolution, charge a fee
in excess thereof.
5.506(4)
Any license granted hereunder may be revoked for cause or or suspended for
any violation of Sections 5.503 or 5.502 ~
5.506(7)
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished as per State
SECTION 8: Section 5.508 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of
Sunday Club Intoxicating Liquor Sales which currently reads as follows to wit:
5.508(1)
Establishments to which on-sale licenses have been issued or hereafter may be
issued, pursuant to Sections 5.502 may serve intoxicating liquors between the
hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the
serving of food, provided that such establishment is in conformance with the
following, to-wit:
(a)
(b)
(c)
the Minnesota Clean Indoor Air Act;
the licensing provisions of Sections 5.502;
the applicant is not in violation of any provision of this Code.
5.506(2)
No person, firm or corporation shall sell or serve, directly or indirectly,
intoxicating liquors pursuant to Section 5.508(1) without having first obtained a
special license pursuant to this section.
5.506(3)
A Sunday liquor license may be issued only for a one (1) year period coinciding
with the dates of applicant's other license or for such lesser period as is set by
resolution of the Council. The license fee shall be set by resolution of the
Council.
5.506(4)
Any license granted hereunder may be revoked for cause or for any violation of
Sections 5.502.
5.506(5)
The provisions of Minnesota Statute #340.112 shall apply to Sunday liquor
licenses.
5.506(6)
No license to serve intoxicating liquor on Sunday shall be granted under this
chapter unless the applicant makes application pursuant to Section 5.502 of this
Code.
5.506(7)
The provisions of Sections 5.502(10) shall apply to any person, firm or
corporation selling or serving beverages in violation of this section.
SHALL HEREAFTER BE REPEALED.
SECTION 10:
Section 5.510 of Ordinance No. 853, City Code of 1977, pertaining to the licensing
of Temporary On-Sale Intoxicating Liquor Licenses which currently reads as
follows to wit:
5.5100)
A temporary license for the on-sale of intoxicating liquor in connection with a
social event within the City sponsored by the licensee may be issued to a club or
charitable, religious, or other nonprofit organization in existence for at least three
years as set forth in this section.
5.510(2)
5.510(3)
5.510(4)
5.510(5)
5.510(6)
5.510(7)
The license may authorize the on-sale of intoxicating liquor for not more than
three consecutive days, and may authorize on-sales on premises other than the
premises the licensee owns or permanently occupies.
The license may provide that the licensee may contract for intoxicating liquor
catering services with the holder for a full-year on-sale intoxicating liquor license
issued by the municipality.
License applicants shall furnish the information required by Section 5.509(2) of
this Code. In addition, the Council may, at its option, require a license applicant
to provide the information required by 5.509(3) of this Code. If an applicant has
already provided certain required information in conjunction with applying for
another license under this Code, the applicant may simply refer to the other
information by reference and shall not be required to reproduce all such
information if such information is the same.
The application shall be processed in accordance with Section 5.509(5).
Provided, however, the police investigation may be waived for any applicant
currently licensed under this Chapter.
The Council may accept or reject the license application in its discretion upon
completion of the public hearing, subject to the following criteria:
No license shall be issued to any applicant who is unable to demonstrate that applicant has
permission to use the premises proposed to be licensed on the date(s) for which the license is
sought.
No license shall be issued to any club who has a member convicted of a violation of any law
directly related to the sale, possession, manufacture or transportation of beer or liquor, subject to
the provisions of Minnesota Statutes Chapter 364.
No license shall be issued unless the applicant shall have made adequate plans and provisions to
keep the liquor within the premises and to clean up the premises after conclusion of the event.
No license shall be issued unless the applicant has first paid an application fee, license fee, and
clean-up deposit fee in an amount set by Resolution of the Council. In the absence of a
Resolution, the application fee shall be $200, the license fee shall be $100 per day or portion
thereof, and the clean-up deposit shall be $200. The clean-up deposit less the City's cost of
clean-up and administration shall be returned to the applicant.
Licenses granted pursuant to the provisions of this Chapter shall be subject to the
following conditions:
No licensee or his agent may sell or permit the sale of intoxicating liquor licensed
to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on
days Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00
noon on Sunday. No licensee or his agent or any other person shall consume or
allow to be consumed on the licensed premises any intoxicating liquor between
the hours of 1:30 a.m. and 8:00 a.m. Should the Council decide to additionally
restrict the hours of sale in granting the license, no licensee or his agent may sell
or permit the sale of intoxicating liquor at any time not specifically allowed in
such license.
All licensees under this section shall allow the business premises to be inspected
by police or health officials at any time during which the premises are open to the
public for business.
All licensees under this section shall maintain the sanitation conditions
prescribed by 5.301 that are applicable to the serving of beverages.
No person under the age of nineteen (19) years shall be employed on a premises
licensed to sell intoxicating liquor "on-sale", to draw or serve intoxicating liquor.
No person or customer, other than the licensee and his employees, may remain on
any licensed premises after one-half hour at~er closing.
fi No licensee or his agent shall serve intoxicating liquor to a minor.
No licensee or his agent shall make or permit a sale of intoxicating liquor to a
minor or to any obviously intoxicated person.
No licensee or his agent shall permit or allow any person to take intoxicating
liquor from the licensed premises without the permission of the Council.
No licensee or his agent shall serve intoxicating liquor in any glass or metal
container.
When an intoxicating liquor license is granted in conjunction with an event at
which a carnival is operating, no licensee or his agent shall make any sale of
intoxicating liquor to any person who operates any ride or concession at such
carnival.
5.510(8)
Licenses under this section are not valid unless first approved by the
Commissioner of Public Safety.
5.510(9)
Any person violating any provision of this section shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished by a fine of not
more than $700 and imprisonment for not more than ninety (90) days.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.510(1)
A temporary license for the on-sale of intoxicating liquor in connection with a
social event within the City sponsored by the licensee may be issued to a club or
charitable, religious, or other nonprofit organization in existence for at least three
years as set forth in this section.
5.510(2)
The license may authorize the on-sale of intoxicating liquor for not more than
tSrcc four consecutive days, and may authorize on-sales on premises other than
the premises the licensee owns or permanently occupies. No more than three
four-day, four three-day, six two-day, or 12 one-day temporary licenses, in
any combination not to exceed 12 days per year to any one organization or
for any one location, within a twelve month period. No more than one
temporary license to any one organization or for any one location within any
30-day period. Temporary on-sale licenses are only valid for the dates, times
and locations specifically stated on the license.
5.5i0(3)
The license may provide that the licensee may contract for intoxicating liquor
catering services with the holder for a full-year on-sale intoxicating liquor license
issued by the municipality.
5.510(4)
License applicants shall furnish the information required by Section '
5.503(5) of this Code. In addition, the Council may, at its option, require a
license applicant to provide the information as follows: ..... :--~ '--'
(a) Name and address of club/church.
(b)
Full legal name of person in charge of event if not applicant,
spouse's full legal name if applicable; date of birth, residence
street address and length of time at that address of person in
charge and spouse; and any other information deemed
necessary by the City Council or issuing authority.
(c)
Site plan of the area where sales will occur indicating the size,
location and nature of the premises planned to be used along
with a depiction of its relationship to the adjacent premises.
(d) Certificate of Incorporation.
(e)
Statement from property owner granting permission to
applicant for use of the premises on which the stated activity is
proposed.
(f) Executed signature of an officer of the club/church.
5.510(5)
All applications shall be referred to the Chief of Police. The Chief of Police
or his/her designee is empowered to conduct any and all investigations to
verify the information on the application, including ordering a computerized
criminal history inquiry obtained through the Criminal Justice System
and/or a driver's license history inquiry as recorded by the State
Department of Public Safety on the applicant. Thc application shall also be
referred to the Chief of the Fire Department, the Building Official and the
City Planning and Zoning Department for a report indicating whether said
premises are in compliance with applicable ordinances and regulations. A
public hearing shall then be held before the City Council, at which time the
application for a license shall be considered. Opportunity shall be given to
any person to be heard for or against the granting of the license at a public
hearing.
5.510(6)
The Council may accept or reject the license application in its discretion upon
completion of the public hearing, subject to the following criteria:
b.a. No license shall be issued to any club organization who's applicant has~t
r..¢mbcr been convicted ora felony or any violation of any law of this state or
local ordinance directly related to the sale, po~caaic, n, manufacture or
transportation of beer, wine or intoxicating hquor., o,~,j ......... t~ ............
&. b. No license shall be issued unless the applicant has first paid ,~,
fcc, hcense f¢,~, ,, ......... -,},,~,,,o,L" .... :' fcc in an amount set by Resolution of the
Council. In the absence ' ~- ..... ':--':-- ~-- -~-" bc ~,~,, the
of a Resolution, t .... v~' ..................
license fee shall be $1 O0 per day or potion thereofi, mud thc clcmn-up
~--:-: ..... :~- -~-" ~ ........ ~ '~ '~ ....': ....NO lice ill i d
unless at the time of application thc applicant has paid a non-refundable
investigation fee as set by City Council resolution. Where all applicants are
in-state, the investigation fec will be $500; where any applicants are out of
state, thc investigation fee shall be $2,000. If the investigation fcc for in-state
or out of state applicants exceeds the minimum fcc, thc additional costs of
the investigation will be billed to the applicant(s). I f the organization holds
an existing annual liquor license, an investigation fcc nccd not be collected.
Upon rejection of any application for a license, or upon withdrawal of an
application before approval of thc issuance by the CiW Council, the license
fee shall be refunded to the applicant. In any case, the investigation fee will
be non-refundable.
5.510(7)
Licenses granted pursuant to the provisions of this Chapter shall be subject to the
following conditions:
No licensee or his agent may sell or permit the sale of intoxicating liquor licensed
to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on
days Monday through Saturday, nor between the hours of 1:00 a.m. and 12:00
noon on Sunday. No licensee or his agent or any other person shall consume or
allow to be consumed on the licensed premises any intoxicating liquor between
the hours of 1:30 a.m. and 8:00 a.m. Should the Council decide to additionally
restrict the hours of sale in granting the license, no licensee or his agent may sell
g.
5.5 o(8)
or permit the sale of intoxicating liquor at any time not specifically allowed in
such license.
All licensees under this section shall allow the business premises to be inspected
by police or health officials at any time during which the premises are open to the
public fc~r bu~n¢~. Business hours shall be deemed any time when licensee
or employees are present on the premises. Refusal to permit such inspection
is a violation of this ordinance and grounds for revocation of license.
p .......... j ............. vv .................... s ........ ~,~o. All sales
and consumption of intoxicating liquor must be in a separated and confined
area.
No licensee shall permit 18, 19, or 20 year old persons to remain on the
premises unless to perform work for the establishment including the sale or
serving of alcoholic beverages.
No intoxicating liquor shall be sold or furnished or delivered to any
obviously intoxicated person or to any person to whom sale is prohibited by
state law.
on
At the time of filing an application for any temporary on-sale intoxicating
liquor license, the applicant shall file with the Clerk proof of financial
responsibility for liability. The issuer or surety on any liability insurance
policy or bond shall be duly licensed to do business in the State of
Minnesota, and all documents shall be approved as to content, form and
execution. The licensee and the City shall be named as joint insured on the
liability insurance policy. The policy shall be effective for the entire license
5.510(9)
5.51O(lO)
5.510( 11)
5.510(129)
term. The location of the event and date of the event must be indicated on
the Certificate of Insurance.
Proof of financial responsibility may be provided by supplying to the Clerk
any of the following items:
a. A Certificate that there is in effect for the license period an insurance
policy providing at least $50,000 of coverage because of bodily injury to any
one person in any one occurrence, $100,000 because of bodily injury to two
or more persons in any one occurrence, $10,000 because of injury to or
destruction of property of others in any one occurrence, $50,000 for loss of
means of support of any one person in any one occurrence, and $100,000 for
loss of means of support of two or more persons in any one occurrence; or
b. A bond of a surety company with minimum coverages as provided in
5.510(8)(a); or
c. A certificate of the State Treasurer that the licensee has deposited with
that office $100,000 in cash or securities which may legally be purchased by
savings banks or for trust funds having a market value of $100,000.
Any liability insurance required by this section must provide that it may not
be canceled for:
(a)
Any cause, except for nonpayment of premium, by either the
insured or the insurer unless the canceling party has first
given thirty days' notice in writing to the issuing authority of
intent to cancel the policy; and
(b)
Nonpayment of premium unless the canceling party has first
given ten days' notice in writing to the issuing authority of
intent to cancel the policy.
The operation of a temporary on sale intoxicating liquor license without
having on file at all times with the City the liability insurance policy or other
evidence of financial responsibility required herein shall be grounds for
immediate revocation of the license. Notice of cancellation ora current
liquor liability policy serves as notice to the licensee of the impending
revocation and unless evidence of compliance with the financial
responsibility requirements of this section are presented to the Clerk before
the termination is effective, the license will be revoked instantly upon the
lapse in coverage.
Licenses under this section are not valid unless first approved by the State of
Minnesota Commissioner of Public Safety.
Any person violating any provision of this section shall be guilty ora
misdemeanor, and upon conviction thereof, shall be punished as per State
Statuteu>'--' ~ ~-~ _c ......... ,--- ~',,~,, ~ :---: ....... ~ .......... ~-~-
First Reading:
Second Reading:
Date of Passage:
September 11, 2000
September 25, 2000
September 25, 2000
Offered By: Szurek
Seconded By: Jolly
Roll Call: All ayes
Patricia Muscovitz, Deputy City Clerk
Mayor Gary L. Peterson
CITY COUNCIL LETIizR
Meeting of: September 11, 2000
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Recreation
ITEM: PAVE REAR MURZYN HALL PARK1NG BY: Keith Windschitl ~
LOT AND DRIVEWAY OUT TO MILL ST. DATE: September 1, 2000
NO:
BACKGROUND: '~
The rear parking lot behind Murzyn Hall is in very poor condition. We have patched the cracks and pot holes for many years. It has
now gotten to the point where it has broken down into small pieces where patching just would not do any good.
In addition to the cracking, there is also a serious drainage problem in the winter time when the water freezes at the mar entry of
Murzyn Hall. This poses a definite safety concern for anyone entering the building.
In the 2000 Murzyn Hall budget, $14,000 was allocated for crack filling and sealcoating of the mar parking lot. The original plan was
to replace the north half of the lot and the drive around the west end of J.P.M for the cost of $17,200. Staff had then budgeted
$27,000 in the 2001 budget to do the remaining south half of the lot. This $27,000 has since been cut from the 2001 budget.
The initial phase of this project was brought to the work session on August 7, 2000. At that time the Council Members felt we should
get a new bid from Classic Asphalt and Sealcoating Company, Inc. since their quote was not reflecting the same amount of work as
the other quotes. Classic has sabmitted a new quote for the amount of$18,555. Stafffoand no contractors within tbe City of
Columbia Heights that do this type of work.
Since this lot is now beyond the point of sealcoating and\or patching, the recommendation is to do the entire lot this year for a total
cost of $41,115 with funds being appropriated from 2000 surplus funds from Murzyn Hall and Recreation department budgets. This
would include the removal of the existing lot, regrading for proper drainage, and installing new asphalt.
ANALYSIS/CONCLUSION:
This solution would solve oar drainage problem, and improve the overall appearance of the park area. It would be $500 cost savings
if both parts of the lot are done at the same time. The bids submitted are broken down with the north and south portions of the lot
separate.
We have obtained three quotes for the parking lot project. They are as follows:
North lot & drive South lot Total
1. Metro Paving $17,775.00 $27,045 $44,820
2. Classic Asphalt & Sealooating Co., Inc. $18,555.00 $25,900 $44,455
3. ACI Asphalt Contractors, Inc. $17,200.00 $23,915 $41,115
RECOMMENDED MOTION:
Move to authorize Mayor and City Manager to enter into an agreement with ACI Asphalt Contractors, Inc. and to award the bid for
paving of Murzyn Hall rear parking lot and driveway on west side of building for the total amount of $41,115, with funds being
appropriated from the Murzyn Hall and Recreation budget.
COUNCIL ACTION:
G 5FilesWlurzyn\Councilletters\CC-JPMlotrepmr
5/30/20o0
PLEASE TAKE NOTICE: "ANY PERSON OR CO~I;~"~Y'~UPPLY~H~-~I~C~I~-0R MATERIALS FOR THIS
IMP~OV~.MENTTO YOUR PROPERTY MAY F~L.E AUEN AGAINST YOUR PROPERTY IFTI'~T PER~OR OR COMpANy
· NOT ~A~D
UN~R MINNESOTA
~ ~P~E~ DI~Y AND ~DU~
~OU~ DUE ~EM ~OM ~ U~L ~E ~NDRED ~EN~ DAY~ (12~ A~R COMP~N ~ ~E
iP~MENT
~R~L FOR ~E ~PRO~ME~ ~ ~0 ~ YOU ~MELY N~'
Proposal & Agreement-
Claasic Asphalt & Sealcoaling Co. Inc. ~ ,o .....
5575 Highway 169 No~h
Plymouth, MN 55442 ~.,. s/~4/oo
(763) 550-1694
Fax 550-0630
530 MiLt S~.
KetCh Wind~chi~l ~ 763-706-3732 , w~o; 763o706-3731
~' "ER-~B~"~UI~UlT g PE G~ FIG13 O~S AN~ESTIMAT~S-F~R:
NOTE: A~L 14~I'F.R~ALS USEO ARE MINNESOTA DEI~RTMENT OF TRAH~DORTA.TION SPECIFICATIONS
~..~ ...... ~ .).
I~IE-LIEN NOTICE
Pt.EASE TAKE NOT~CE:'~d~Y PERSON OR COMPANY ~UPPLYING LA~OR OR MATERiAI~ FOR THIS IMPROVE-
MEHT TO */OUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERT~ IF THAT PER~ON OR COMgANY I~
NOT PAID FORTHE ~ONTRIBUTIO~.
NOTE: AIL MATERIALS U~,ED ARE MINNESOTA DEPARTMENT OF TRANSPORTATION SPECIFICA'rlON$
~ r, ot,,d a]x~e
-- -- - m~ll~ ~ ),
PR~-LW.N NOn(~
TiKE NOTICE: "ANY PEI~ON
ASPHALT CONTRACTORS INC.
Date:
SUBMII'I'ED TO:
Keith Windschitl
City of Columbia Heights
530 Mill Street N.E.
Columbia MN 55421
Business 763-706-3732
Pager 612-648-5656
Fax 763-706-3731
Pavement Analysis and Recommendations:
3601 48th Ave. N.
Brooklyn Center, MN 55429
Ph. 763-537-5555
Fax 763-537-5577
Proposal # 2000-1109 .lob Site # 887.0
Job Contact Keith
Site Description City of Columbia Heights
Job Address 530 Mill Street N.E.
City, State Zip Columbia Heights
Site Phone
Site Fax
Windschitl
MN 55421
Job Type
This proposal is for thc lower lot.
WE HEREBY submit specifications anO estimates for: De )th Cost
3853 Sq, Yds. Asphalt Overlay, MNDoTS?ec;
Total for Job
23'31.41 2,
L $23,915.00_
Please refer to the next page for n detailed description of each proposed specification,
.lob Details and Scheduling Notes:
Optional
Project Manager: David A. Johnso~t~a~-erms:iNet 15 Days [Project Total [ $23,915.00,
Note: This proposal may be withdrawn at our option if not accepted within 60 days of~.~...~t.Q~
ACCEITED AUTHORIZED SIGNATURE DATE
ASPHALT CONTRACTORSINC.
Date: 18/8/20001
SUBMITTED TO:
Keith Windschitl
City of Columbia Heights
530 Mill Street N.E.
Columbia MN 55421
Business 763-706-3732
Pager 612-648-5656
Fax 763-706-3731
3601 48th Ave. N.
Brooklyn Center, MN 55429
Ph. 763-537-5555
Fax 763-537-5577
Proposal # 2000-1108 Job Site # 887.0
Job Contact Keith
Site Description City of Columbia Heights
Job Address 530 Mill Street N.E.
City, State Zip Columbia Heights
Site Phone
Site Fax
Windschitl
MN 55421
Job Type
Pavement Analysis and Recommendations:
iThis proposal is for the upper drive and upper parking lot.
This is a two day job, one day for removal and grading and one day to pave.
WE HEREBY submit specifications and estimates for:
[582
1531
1531
i4 I/ 1531
15 1531
Sq. Yds.
Sq. Yds.
Sq. Yds.
_Sq. Yds.
Sq. Yds.
Sq. Yds.
Units
Asphalt Overlay, MN DoT Spec 2331-41
Excavate & Remove
Grading
~halt New Area
Asphalt Overlay, MN DoT Spec 2331-41
Full Depth Milling
Total for Job
Striping
Depth
,
Cost Optional
$17,200.00
$165.00
Please refer tO the next page for a detailed description of each proposed specification.
Job Details and Scheduling Notes:
PROPOSED PRICE DOES NOT INCLUDE OP[I~;~NAL AMOUNT.
Project Manager: David A. Johnson ] ~ 17'[el~O~rms: INet 15 Days
Note: This proposal may be withdrawn at our opti?n if not accepted within 30
Optional Total: $165.00
[Project Total I $17,200.00
days of August 8. 2000.
ACCEPTED AUTHORIZED SIGNATURE DATE
Thc above prices, specificalions and conditions are salisfaclory and are hereby acceptcd. You arc contracted to do the work as specified and the stated paymcnl terms arc
acceptable. All material is guaranleed to be as specified. All work is Io be completed in a workmanlike manner in accordance to standard construction pracfices. Any deviatio~
from Ibis p£oposal ut extra work will be executed only upon owner or owners agent orders and will become an extra charge over and above this agreement. All agreements arc
comingem upon delays beyond our conlrol. Properly owner to carry fire, Iornado and any other necessary insurance. Notice Of Lien:'; .xsons or companies furnishing labor o,
materials for the improvement of real property may enforce a lien upon the improved land if they are not paid for their contributions, even if such parlies have no contraclua
relationship with the owner. Minnesola law permils the owner to withhold from his comracmts so much for ~be contract price as may be necessary to meet the demands of all
other lien claimants, pay directly such liens and deducl lhe cosl thereof and the contract price, or withhold amounts from his contractor until contractor furnishes ~o the owner ol
claim for mechanics lien signed by persons who furnished any labor or malerial for the improvement and who provided Ibe owner with fimely notice. The owner hereby waive~
all tunber requiremenls of no,ice under Minnesota Slalule 514.011. Customer agrees to pay any collection, legal fees anci interest for any unpaid balances which will accrue at ~:
rate o[ 1.5% per momh. We do nol guarantee agains~ pavement cracking from weather cycles and water ponding due Io lack of existing grade conditions. We cannot guaram[
drainage or against waler ponding on new asphalt without adequate slope. In flat areas water will not drain unless there is more than I-I ." of fall per t0 feet.
City o f Columbia Heights
Public Works Department
Work Session Discussion Item:
Work Session Date: September 5, 2000 ' x~7'~3
Prepared by: Kevin Hansen, Director of Public Work~:~
Item: NSP Street Lighting Proposal: Maintenance of Mill Street Lighting
Background:
Mill Street street lighting currently consists of 22 aluminum acorn style street lights. Power is
provided through a cimuit in Murzyn Hall and each light has a photo cell for on-off initiation.
The lights were installed in 1994 when Mill Street was reconstructed.
Analysis/Conclusions:
Public Works staff has provided maintenance of the system since installation. A variety of
problems have been encountered and continue to occur, including: photo cells not working
properly, underground aluminum wiring breaking, bulb failures and knockdowns.
As identified and discussed in the 2000 budget objectives, Public Works has researched and
received a proposal from NSP for taking over the maintenance of the Mill Street street lighting
system. NSP would require the following system upgrades prior to taking over the system:
Paint all poles and fixtures
Re-lamp, by-pass photo controls, clean and test all fixtures
Add fuses to all poles
Balance system load
Wire system to NSP and add Trinetics controls
Test and replace any sub-standard underground wiring
NSP crews would perform all necessary upgrades on a time and materials basis with an estimated
cost of $9,800. These lights would then go on a group 5 rate (similar to other street lights
throughout the City). NSP would then provide perpetual maintenance, including scheduled
relamping and pole replacement in the event of knock-down.
Requested Action: Accept the proposal from NSP for total system takeover of the Mill Street
lighting system at an estimated cost of $9,800, with funding appropriated from 101-43160-4000.
Attachment: Site Plan
City of Columbia Heights
Public Works Department
Work Session Discussion Item:
Work Session Date: September 5, 2000 ~
Prepared by: Kevin Hansen, Director of Public Work
Item: Proposals for property acquisition and relocation services as recommended in the
1999 Storm Water Study
Background:
An extensive engineering study was undertaken in 1998 and completed in 1999 evaluating
various locations throughout the City with storm water problems. The largest study area, Jackson
Pond, recommended the most feasible altemative for three separate sites would be the
acquisition, demolition, and site grading of three residential properties. A copy of that report is
attached for reference.
Analysis/Conclusions:
The properties identified in the report arc located at:
4542 Washington
· 4330 Washington
1307 42na Avenue
Staffhas been in recent contact with the owners of 4542 and 1307 and they both appear to be
willing sellers. It is the intent of this process for the sale of property to be performed by
negotiation. Funding will be provided by the City's Storm Water Utility and DNR Grant funds,
which have been awarded.
Because of the DNR funding, certain procedures will be necessary for the acquisition and
relocation (if any) costs. Therefore, staff has received two quotes for acquisition and relocation
services from firms experienced in this type of work. The two proposal are:
Wilson Development Services:
Evergreen Land Services:
Actual not to exceed $4,800
Range of $4,500 to $6,000, billed only for actual
Both firms have representative experience in this type of work and have excellent references.
Requested Action: Accept proposal fi.om Wilson Development Services in the Amount of
$4,800, and authorize the Mayor and City Manager to enter into a contract for the same. Project
costs will be allocated to each address which has been assigned a individual project number for
tracking.
r. .'jb
Attachment: Engineering Study sections.
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
FEASIBILITY STUDY FOR STORMWATER IMPROVEMENTS
JACKSON POND SYSTEM
COLUMBIA HEIGHTS, MINNESOTA
BRAA FILE NO. 33207
This report presents the results of our stormwater improvements feasibility study for the
Jackson Pond system. As detailed in our scoping study report dated 11/25/97 the
Jackson Pond system included five specific flood prone areas. These areas are as
follows (see Figure 1):
i. Jackson Pond
'~) 4500 block of Washington Street NE
4300 block of Washington Street NE
- ~ 1307 42*¢Avenue NE
5. Tyler Place NE and 44th Avenue NE
In the scoping study we also had included the alley between 5th and 6th Streets NE. As
noted in that report, we did not feel that this isolated sanitary backflow warranted
analysis separate from a general study of the City's infiltration and inflow (I/I) problems.
Since Bonestroo Engineering is not proceeding with an I/I study at this time, this area
will not be covered in this feasibility report.
We have separated this report into five sections based on the five areas listed above.
Each section begins with an introduction to the problem area followed in sequence by
the following sections: Analysis and Results, Alternatives, Cost Estimates, and
Recommended Alternative. A location map and report figures are included at the end of
this report.
Please note that elevations are in the City of Minneapolis datum, followed in parenthesis
by the USGS datum. The USGS datum is obtained from the Minneapolis datum by
adding 710.3 feet.
Another area not covered specifically within this report warrants discussion here. The
banks parking ramp between 40th Avenue NE and Gould Avenue NE, immediately east
of Central Avenue, has experienced chronic flooding. Our inspection of the site
2335 West Highway 36.$t. Paul, MN 55113.612-636-4600 ,Fax:b12-636-1311
indicated that flow down the north gutter line of Gould Avenue NE enters the parking
ramp, rather than continuing down to Central Avenue. Field survey information
obtained by city staff indicates that drain rim elevations in the parking ramps' lowest
level are approximately 213.3' (923.6'). The normal water level (NWL) of Labelle Pond
is 213.0' (923.3'), which indicates that high water levels in Labelle Pond contribute to
flooding in the parking ramp. We recommend that the inflow from Gould Avenue NE be
eliminated. Once this is accomplished, and if flooding continues, then the bank would
have to consider additional measures such as pumping or raising the ramp floor.
I. Jackson Pond
1,1. Introduction
This area includes Jackson Pond itself and its immediate vicinity. More specifically,
this section concerns itself with the flooding that occurred at 43rd Avenue NE and
Jackson Street NE, the operation of the Jackson Pond outlet, the potential for
stormwater backup into the sanitary sewer system, and the operation of the 60-inch
trunk line under 44th Avenue NE.
As noted in resident survey responses, flooding regularly occurs at the intersection
of Jackson Street NE and 43rd Avenue NE. During the storms of July 1, 11, and 13,
1997, this was also the case. The larger of the storms, that of July 1, caused
flooding that reached the garage at 4256 Jackson Street NE. Our field survey
information puts this garage at an approximate elevation of 183.3' (893.6'). Across
the street from 4256 Jackson Street NE lies a concrete spillway constructed to
convey storm water from the intersection into Jackson Pond. The spillway invert
elevation is approximately 182.0' (892.3').
Jackson Pond's primary outlet consists of a 48-inch CMP connected to the 60-inch
trunk at a manhole on 43rd Avenue NE. An aluminum flap gate at the manhole
prevents backflow into the pond from the trunk line. To this pipe's east lies a 42-inch
inlet from the same trunk that conveys flow from the trunk to the pond or from the
pond to the trunk, depending upon the head difference between the two.
Jackson Pond can overflow into the sanitary sewer system via a release pipe at its
south end. Pond water can back into a manhole connected to this pipe and then
enter the sanitary sewer system. The reverse can also occur. Two flap gates can
prevent this connection, but during the storms of July 1997 these gates were open.
As mentioned above, Jackson Pond discharges into the 60-inch trunk under 44th
Avenue NE. This trunk conveys stormwater to the west and meets a 36-inch trunk
line at University Avenue. From University Avenue, the storm sewer runs west then
north where it meets a 76-inch pipe that carries water to the Mississippi River.
1.2. Analysis and Results
Using the XP-SWMM32 computer software, we analyzed the Jackson Pond system
from Labetle Pond to well past the trunk connection at University Avenue. In order
to simplify our modeling, we analyzed the system's performance for the storm of July
1, 1997 and not for the subsequent July 11 and July 13 storms. The tipping bucket
rain gauge at the public works facility indicated that the July 1 storm was the most
intense of the July storms, with over 3.64 inches of rain in 3.5 hours and 2.9 inches
in the first hour.
Our model suggests that flow over the spillway should have been sufficient to
prevent the flooding near the garage at 4256 Jackson Street NE. Anecdotal
evidence from residents suggests and our model verifies that ponding does occur at
this intersection and that the ponding persists long after large storms have blown
over. Our field survey information confirms that water will rise 0.5 ft in the
intersection before overflowing down the spillway, but this should in no way flood
any adjacent structures. Again, anecdotal evidence from City staff suggests that the
spillway became clogged with debris and that this held water back to the level seen
on July 1.
Our results give a July I high water level (HWL) for Jackson Pond of 178.7' (889.0'),
so the pond did not overtop its banks and cause flooding - a conclusion which is
supported by resident testimony. The aluminum flap gate delays the Jackson Pond
discharge until surcharge subsides in the 60-inch trunk. Our model suggests that
this outlet works well and allows the full utilization of Jackson Pond's storage without
flooding adjacent property.
Our results indicate that Jackson Pond discharged a 2-cfs peak flow into the sanitary
sewer system. Once the City controls its I/I problem in this area, this connection
should be eliminated.
1.3. Recommended Alternative
We recommend that the City reconstruct the spillway at Jackson and 43% The
existing spillway invert elevation of 182.0' (892.3') would suffice. The spillway
design should consist of a 16' wide trapezoidal cross-section to a typical catch-
basin/manhole. After the manhole the spillway should flare so that excess flow
enters Jackson Pond over a wide area. Figure 2 provides some details of this
construction.
Item
1.4. Cost Estimate
As detailed in Table 1, the estimated cost for this improvement is $15,414.
Table 1
Estimated Cost: Jackson Pond Spillway
Unit Quantity Unit
Price
Cost
Concrete, 6-inch cast in place
Common borrow
Reconstruct CB-MH
Sod
SF 2,4OO $3.50
TN 480 5.00
LS I 500
SY 100 3.50
$8,400
2,400
5O0
350
Estimated Construction Cost
5% Contingencies
20% Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$11,650
583
$12,233
2,447
$14,680
734
$15,414
--'~ 2. 4500 Block of Washinqton Street NE
2.1. Introduction
The storm sewer that conveys flows from this area does not connect to the Jackson
Pond system. We attached it to the Jackson Pond Feasibility Study because it was
included with the Jackson Pond system in the scoping study.
The Iow point of the 4500 block flooded during all three of the July storms. The
residents here have witnessed similar flooding in other years for storms of varying
intensities. At this Iow point, the grate elevations of the two catch basins are 187.5'
(897.8') and 187.7' (898.0'). The lowest house elevation is 188.4' (898.7') and
occurs at 4542 Washington Street NE. In an effort to reduce flooding at this
location, City staff recently installed an additional catch basin.
It should be noted that, save for 4542 Washington Street NE, the flooding in this
area was garage and yard flooding.
2.2.Analysis and Results
With existing pipe sizes, the XP-SWMM32 model developed for this area predicts
flooding for storms as small as the 1-year storm event (2.3 inches of rainfall over 24
hours). For the event of July 1, 1997, the model calculates a HWL of 190.3' (900.6').
Due to the Pack of pipe capacity in this area, flood levels persist well beyond the
tapering of rainfall intensity. Table 2 summarizes the results of several storms with
the existing pipe network.
Conflicting anecdotal evidence made it difficult to calibrate the model for this area.
For instance, the resident at 4540 Washington Street NE reported water up to but
not flooding her home. Field surveys have established 190.6' (900.9') as the Iow
elevation of this house. On the other hand 4559 Washington Street NE, which is
higher, reported water entering through Iow house openings.
2.3. Alternatives
2.3.1. Alternative 1
This alternative consists of the purchase and removal, for sale, of the home at
4542 Washington Street NE. We recommend excavation of the lot in order to
provide temporary storm water storage, and thereby reduce the flooding of
adjacent structures. This temporary ponding could drain to the existing storm
sewer through a 12-inch plastic pipe.
2.3.2. Alternative 2
Berm construction may protect these homes from smaller events but would raise
the flood stage for larger events. Our modeling suggests that a 25% reduction in
the area below 190.3' (which would likely occur in berming around these houses)
raises the July 1 HWL to 190.6' (900.9% If berming reduced the area below
190.3' (900,6') by 50%, then the HWL for the July storm would rise to 190.8'
(901.1'). Most likely, there is not enough area around these houses to berm to
190.8'.
Since berming cannot solve the area's flooding problem, we looked at new trunk
storm sewer under Washington Street NE and ponding in McKenna Park as the
only feasible alternative (see Figure 3). We evaluated improvements that could
lower the 100-year HWL below the house at 4542 Washington Street NE.
Accomplishing this requires larger storm sewer under Washington Street NE to
McKenna Park. Because it is not economically feasible to replace any of the
trunk storm sewer under 48th Avenue NE, the recommended improvements
cannot increase peak flows downstream of the park. This requires a pond in
McKenna Park. The pond will need 1,6 acres of land at pond HVVL and 2.9 ac-ft
of flood storage. We recommend a dry pond 5 feet in depth. Construction of
this pond will require the removal of much of the 8-inch and 10-inch storm sewer
within the park.
Table 2
Storm Summary: 4500 Block of Washington Street NE
Rainfall HWL Low House Freeboard
Storm
(in) (City Datum) (City Datum) (ft)
1-year 2.3 189.4 -1.0
Before 5-year 3.1 189.7 -1.3
Improve 50-year 5.3 190.4 -2.0
ments 100-year 6.0 190.5 188.4 -2.1
July 1 3.64 190.3 -1.8
After 100-year 6.0 187.1 1.3
Improve July 1 3.64 187.9 0.5
ments
1) Beyond the modeling period of 3.5 hours.
Please note that the calculated 100-year flood level is higher than that for the
July 1 storm under the existing system but lower under the proposed system.
The proposed system substitutes conveyance (larger storm sewer) for storage
(flooding around homes). Since the 100-year storm has lower rainfall intensities
and higher rainfall volume than the Juty storm, it is not surprising that the 100-
year HWL reacts differently to the proposed improvements.
2.4.Cost Estimates
We have provided cost estimates for both alternatives. Table 3 presents the cost
estimate for alternative 1, while table 4 presents the alternative 2 estimate.
Table 3
Estimated Cost: Alternative 1, 4500 Block of Washington Street NE
Item
Unit Quantity Unit Price Cost
Purchase and move 4542 Washington LS
Excavation and embankment offsite disposal CY
2' x 3' catch-basin EA
12-inch PE pipe LF
Seeding, landscape planting LS
1 $90,000
400 10
1 1,000
40 20
I 4,000
$90,000
4,000
1,000
8OO
4,000
Estimated Construction Cost
5% Contingencies
Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$99,80u
4,990
$104,790
5,000
$109,790
5,490
$115,280
Item
Table 4
Estimated Cost: 4500 Washington Street NE
Unit Quantity Unit Price Cost
Mobilization
Remove concrete curb and gutter
B818 curb and gutter
Full depth pavement reclamation
Common Excavation, street, off-site disposal
Subgrade preparation
Select granular borrow
Aggregate base, class V, in place
Bituminous base type 31B
Bituminous wear type 41B
12-inch RCP
15-inch RCP
21-inch RCP
27-inch RCP
33-inch RCP
36-inch RCP
12-inch FES
36-inch FES
Rip rap
Remove existing storm sewer
6' manhole
4' Diameter CB/MH
Excavation, pond, off-site disposal
Traffic control
LS 1 $15,000 $15,000
LF 1,800 1.00 1,800
LF 1,800 6.00 10,800
SY 3,400 0.75 2,550
CY 2,670 7.00 18,690
SY 4,000 0.65 2,600
TN 2,640 5.00 13,200
TN 1,770 6.50 11,505
TN 280 30 8,400
TN 280 32 8,960
LF 100 22 2,200
LF 20 25 500
LF 82 35 2,870
LF 107 50 5,350
LF 594 65 38,610
LF 475 70 33,250
EA 1 600 600
LF 1 1,700 1,700
CY 40 40 1,600
LF 1,000 5.00 5,000
EA 4 2,000 8,000
EA 2 1,500 3,000
CY 2,300 7.00 16,100
LS I 2,000 2,000
Estimated Construction Cost $214,285
5% Contingencies 10,714
$224,999
20% Design, Inspection, Admin. 45,000
$269,999
5% Capitalized Interest 13,500
TOTAL ESTIMATED COST $283,499
We recommend alternative 1. The city of Columbia Heights should avail itself of
every opportunity to create storm water ponding to solve flooding issues, rather than
increasing storm sewer size. Additionally, alternative 1 has the benefit of a
substantially lower cost than alternative 2. It should be noted that the home, once
removed, would have a salvage value estimated at $13,000. This salvage value
would reduce the estimated cost of alternative 1 to a net cost of $102,280.
~ 3. 4300 Block of Washinqton Street NE
3.1. Introduction
Similar to the 4500 block, flooding regularly occurs at the Iow point of the 4300 block
of Washington Street NE. During all three storms of July 1997, floodwater inundated
the basement at 4330 Washington Street NE, ponded against the foundation of
4332, and flooded the garage at 4332. Our field survey confirms that the house at
4330 Washington Street NE lies below the lowest catch basin by approximately 0.3'
and that Iow areas below street elevation surround 4332. A private alley slopes
toward 4330 Washington Street NE from the south, delivering its runoff to this lot.
3.2.Analysis and Results
With existing pipe sizes, the XP-SWMM32 model developed for this area predicts a
HWL for the July 1, 1997 storm of 188.3' (898.6'). The homes at 4330 and 4332
Washington Street NE have Iow elevations of 186.6' (896.9') and 187.5' (897.8')
respectively. Based on anecdotal evidence, the calculated HWL matches welt to
that observed on July 1.
The stormwater ponded at this site comes primarily from the intersection of 43rd
Avenue NE and Washington Street NE. Though several catch basins serve this
intersection, the 12-inch pipe to which they drain is undersized. This results in runoff
bypassing these catch basins and collecting at the Iow point one-half block north.
The bypass manhole at the Iow point allows flow to travel either north to the 60-inch
trunk or east to Jackson Pond. Computer results suggest that surcharge on the pipe
to the east and Iow capacity on the pipe to the north combine to produce the flooding
in this area.
3.3. Alternatives
3.3.1. Alternative 1
This alternative consists of the purchase and demolition of the home at 4330
Washington Street NE and berming around 4332 (see figure 4). The abandoned
lot would remain a city-owned outlot for temporary stormwater storage and would
be excavated for grading around the house at 4332 Washington Street NE. The
berm around 4332 Washington Street NE would rise to an elevation of 188.5'
(898.8'). Sump pumps would discharge the runoff collected within the area
surrounded by the berm to the adjacent catch basins. We recommend that the
abandoned lot be excavated beyond the volume required to construct the berm
so that there is a net increase in storage at this site. The outlot would lie below
curb elevation but could drain to the existing storm sewer through a 12-inch
plastic pipe and ditch type catch basin.
Our field survey information indicates that, in order to match the berm into
existing ground, grading would extend at least one lot to the north of 4332
Washington Street NE. Any lot isolated within the berm will require sump pumps.
3.3.2. Alternative 2
This alternative involves the reconstructior{ of Washington Street NE to 43"~
Avenue NE and the replacement of the existing 310' of 15-inch RCP pipe with
the same length of 36-inch RCP (see Figure 4). Since the existing manhole has
insufficient diameter to accept this pipe, this would also be replaced. Table 4
shows the effect this project would have on the HWL for this site.
Table 5
Storm Summary: Alternative 2 Improvements
HWL I 4330 4332
StormI elevation elevation
(City datum) (City datum) (City datum)
Before
Improvements July I 188.3
After July I t 186.7 186.6 187.5
100-
Improvements year 188.4
Please note that this alternative provides protection for the home at 4330
Washington Street NE for the 100-year storm but not for the July 1, 1997 storm. The
level of protection (0.1 feet of freeboard) is less than that typically provided by new
construction (1 to 2 feet of freeboard).
3.4. Cost Estimates
We have provided cost estimates for both alternatives. Table 5 presents our
Alternative 1 estimate while Table 6 presents the Alternative 2 estimate.
Table 6
Estimated Cost: Alternative 1,4300 Block of Washington St NE
Item
Unit Quantity Unit Price Cost
Purchase and demolition 4330 Washington LS
Excavation and embankment CY
Sod SY
2' x 3' catch-basin EA
Sump pumps EA
12-inch PE pipe LF
6-inch PE pipe, from sump pumps LF
Seeding. landscape planting LS
I $75,000 $75,000
150 10 1,500
210 5.00 1,050
1 1,000 1,000
2 500 1,000
40 20 800
160 10 1,600
I 4,000 4,000
Estimated Construction Cost $85,950
5% Contingencies 4,298
$90,248
Design, Inspection, Admin. 5,000
$95,248
5% Capitalized Interest 4,762
TOTAL ESTIMATED COST $100,010
Table 7
Estimated Cost: Alternative 2, 4300 Block Washington St NE
Item
Unit Quantity Unit Price Cost
Mobilization
Remove concrete curb and gutter
B618 curb and gutter
Full depth pavement reclamation
Common excavation, off-site disposal
Subgrade preparation
Select granular borrow
Aggregate base, class V, in place
Bituminous base type 31B
Bituminous wear type 41B
36-inch RCP
Remove 15-inch RCP
Replace diversion manhole
Aluminum flap gate
Traffic control
Cut into existing manholes
LS 1 $4,000 $4,000
LF 620 1.00 620
LF 620 6.00 3,720
SY 1,360 0.75 1,020
CY 1,070 7.00 7,490
SY 1,600 0.65 1,040
TN 1,060 5.00 5,300
TN 900 6.50 5,850
TN 110 30 3,300
TN 110 32 3,520
LF 310 70 21,700
LF 310 5.00 1,550
EA 1 4,000 4,000
EA 1 2,000 2,000
LS I 2,000 2,000
EA 1 750 750
Estimated Construction Cost $87,860
5% Contingencies 3,393
20% Design, Inspection, Admin.
$71,253
14,251
$85,504
5% Capitalized Interest 4,275
TOTAL ESTIMATED COST $89,779
3.5. Recommended Alternative
We recommend alternative 1. Upon future reconstruction of Washington Street NE
in this area, larger storm sewers might be installed so that a combination of
alternatives 1 and 2 are realized. Since alternative 1 does not require detay, and
because it is consistent with the goal of solving flooding problems with ponding and
not conveyance, we recommend the city proceed with the alternative 1
recommendations over those of alternative 2.
l0
1307 42nd Avenue NE
4.1. Introduction
Several problems surface at this site, some of which appear on a yearly basis. This
home sits at the bottom of a steep hill. Storm sewer conveys runoff from this site to
the west, where it connects with the outlet from LaBelle Pond. Since there are no
intermediate catch basins along the hill to the east, large volumes of runoff at high
velocity regularly jump the curb in front of 1307 42~d Avenue NE and enter the back
and side yards, from where the water cannot drain. The catch basin in front of the
house is not located at the Iow point, which is in front of the home's driveway. The
house is not much higher than the curb, while the driveway slopes downward to the
garage and the backyard. The resident claims the water jumps the curb and flows
down the driveway several times a year.
4.2.Analysis and Results
Street and driveway reconstruction to contain stormwater in the gutter would protect
this home from small storms with return periods of 5 years and less. For the storms
of July 1997, water ponded in this area, which indicates that simply improving gutter
flow would not suffice for larger storms.
For this Iow area at 1307 42"~ Avenue NE, our XP-SWMM32 model calculated a July
I HWL of 217.1' (927.4'). The model calculated the same HWL for the 100-year
storm. Field surveying conducted by City staff gives 216.9' (927.2') as the lowest
house elevation. Anecdotal evidence suggests that the HWL for the July I storm
was higher than our model indicates. We feel this is due to gutter flow entering the
property from the driveway. Once within the property this water cannot drain except
through infiltration and evaporation. The elevation of the catch basin grate in front of
this house is approximately 216.3', or 0.6' lower than the house.
For large events, system capacity is not sufficient to adequately drain this area.
Since there is no overflow from this Iow point, water ponds until drained by the storm
sewer. Our modeling shows that the reduction in pipe size from a 42-inch to a 36-
inch at 43rd Avenue NE and Pierce Street NE causes a backwater effect upstream to
Labelle Pond and 42"d Avenue NE. During the early stages of the July 1 storm,
water flowed against pipe grade. Not until the peak flows had passed from the storm
sewer at 43ru Avenue NE and Pierce Street NE did significant discharge occur from
Labelle Pond and 42nd Avenue.
4.3. Alternatives
4.3.1. Alternative 1
Alternative 1 consists of purchase and removal of 1307 42nd Avenue NE, similar
to what was proposed for 4542 Washington Street NE. In order to protect
adjacent homes, we recommend some excavation of this lot for temporary storm
water storage. This temporary ponding would drain to the existing storm sewer
via a 12-inch plastic pipe.
4.3.2. Alternative 2
The second alternative involves installation of an additional 18-inch pipe under
42"d Avenue NE. From an existing catch basin, this pipe would run
approximately 220 feet west. It then would turn 90 degrees south and run
approximately 160 feet to Labelle Pond through City owned property. The new
pipe would cross above the existing 15-inch pipe with approximately 1.0' of
clearance. This pipe installation would involve reconstruction of up to 300 feet of
42"d Avenue NE.
Our model predicts a 0.5' reduction in the July I HWL from this installation (see
Table 8).
It bears repetition that gutter flow into the property should be eliminated as part of
any alternative. Additionally, for both alternatives, we recommend a sump pump
connected to the storm sewer system capable of draining the iow areas around
the house.
Table 8 summarizes the effects of alternative 2.
Table 8
Storm Summary: Alternative 2, 1307 42ndAvenue NE
HWL Low House I Freeboard
Storm
(City datum) (City datum) (ft)
-Before
July 1 217.1 -0.2
Improvements 216.9
July 1 216.6 0.3
After Improvements 100-year I 216.5 0.4
4.3.3. Alternative 3
Alternative 3 involves berming around the front of the home at 1307 42na Avenue
NE. The berm would tie into existing ground one lot to the east and west. Our
XP-SWMM32 model indicates that bermin9 to 218.0' (928.3') across the front of
the property would not raise the HWL for either the July 1, 1997 or the 100-year
storm above 217.1, provided that sufficient sump pump capacity is present to
drain the area within the berm.
4.4. Cost Estimates
We have provided cost estimates for all alternatives. Table 9 applies to alternative
1, purchase of 1307 42"d Avenue NE; table 10 represents alternative 2, installation
]2
of an 18-inch RCP; and Table 11 applies to alternative 3, berming around 1307 42~d
Avenue NE.
Table 9
Estimated Cost: Alternative 1, 1307 42nd Avenue NE
Item
Unit Quantity Unit Price Cost
Purchase and move 1307 42"d Avenue NE
Excavation and embankment offsite disposal
2' x 3' catch-basin
12-inch PE pipe
Seeding, landscape planting
LS I $90,O0O
CY 40O 10
EA 1 1,000
LF 40 20
LS 1 4,000
$90,000
4,000
1,000
8O0
4,000
Estimated Construction Cost
5% Contingencies
Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$99,800
4,990
$104,790
5,000
$109,790
5,490
$115,280
Table 10
Estimated Cost: Alternative 2, 1307 42nd Avenue NE
Item
Unit Quantity Unit Price Cost
Mobilization
Remove concrete curb and gutter
B818 curb and gutter
Full depth pavement reclamation
Subgrade preparation
Common excavation
Select granular bon*ow
Aggregate base, class V, in place
Bituminous base type 31B
Bituminous wear type 41B
18-inch RCP
Cut into existing manhole
Sump pumps
6-inch PE pipe, for sump pumps
4' standard manhole
Traffic control
LS I $2,500 $2,500
LF 600 1.00 600
LF 600 6.00 3,600
SY 870 0.75 .653
SY 1040 0.65 676
CY 700 7.00 4,900
TN 690 4.84 3,340
TN 460 5.59 2,571
TN 75 30 2,250
TN 75 32 2,400
LF 380 30 11,400
EA I 750 750
EA 2 500 1,000
LF 140 10 1,400
EA 1 1,500 1,500
LS I 2,000 2,000
Estimated Construction Cost $41,540
5% Contingencies 2,077
20% Design, Inspection, Admin.
$43,616
8,723
$52,340
5% Capitalized Interest 2,617
TOTAL ESTIMATED COST
$54,957
Item
.Table 11
Estimated Cost: Alternative 3, 1307 44th Avenue NE
Unit Quantity Unit Price Cost
Mobilization
Remove concrete curb and gutter
B618 curb and gutter
Excavation and embankment
Sod
Reconstruct driveway apron
Sump pumps
6-inch PE pipe, for sump pumps
Traffic control
LS 1 $400 $400
LF 30 3.00 90
LF 30 17 510
CY 75 10 750
SY 75 5.00 375
LS 1 1,000 1,000
EA 2 500 1,000
LF 140 10 1,400
LS I 250 250
Estimated Construction Cost $5,775
5% Contingencies 289
$6,064
20% Design, Inspection, Admin. 1,213
$7,277
5% Capitalized Interest 364
TOTAL ESTIMATED COST $7,640
4.5. Recommended Alternative
We recommend Alternative 1. The benefits of ponding over conveyance have been
discussed previously in this memo. The salvage value of the home is estimated at
$13,000, reducing the net cost to $102,280. It came to our attention late in the
development of these reports that the home at 1125 42nd Avenue NE also
experienced flooding due to the July 1997 storms. This flooding occurs at two catch
basins adjacent to the home and the Labelle Park skating rink. This flooding occurs
for the same reason as that further to the east. We recommend a shallow swale be
cut to relieve the flooding and convey runoff to Labelle Pond. The city could
construct this swale along the east end of the rink, though this may entail reducing
the rink size. The cost of this construction has not been included in these cost
estimates.
5. Tyler Place NE and 44th Avenue NE
5.1. Introduction
A 48-inch CMP carries the LaBelle Pond outflow as well as local runoff through this
site. These flows pass with some surcharge through this pipe, a surcharge that
City of Columbia Heights
Public Works Department
Work Session Discussion Item:
Work Session Date: September 5, 2000 x/q~
Prepared by: Kevin Hansen, Director of Public Work~>~
Item: Change in Zone 5 Boundary of the Street Rehabilitation Program to add the
Jackson Pond area
Background:
Public Works Engineering is beginning the process of evaluating streets in the next zone of the
annual Street Rehabilitation Program, Zone 5, scheduled for improvements in 2001. The Zone 5
boundary is generally described fi.om 48th Avenue on the north, Central Avenue on the east,
University Avenue on the west and 44th Avenue on the south.
Analysis/Conclusions:
At the May 8th City Council Meeting, staffwas directed to prepare plans for the replacement of
the fencing surrounding Jackson Pond. A separate, but utility related issue is the NEI Transition
Block Redevelopment and public concerns regarding the sewer system(s) in that area, which are
tributary to Jackson Pond. The Jackson Pond area was a major study area in the 1999 City-wide
Storm Water Engineering Reports. As the initial street evaluations are now being made, it
appears Street improvements made due to drainage considerations will likely impact Jackson
Pond fencing, possibly in more than one location. For these reasons, staffis recommending
adding the Jackson Pond area to the Zone 5 area and incorporating the fencing with the same
street improvements.
Requested Action: Amend the Zone 5 Street Rehabilitation boundary to add the following area:
· Quincy Street to Central Avenue north of 41st Avenue,
and to include fencing replacement at Jackson Pond in the Zone 5 Street Rehabilitation Program.
r,_u ..jb
City of Columbia Heights
Public Works Department
Work Session Discussion Item: Ix
Work Session Date: September 5, 2000
Prepared by: Kcvin Hansen, Director of Public Work
Item: US West damage claim for buried cable at 40th and Central
Background:
Public Works maintenance damaged a US West cable on February 22, 2000, when repairing a
settlement in 40th Avenue in an area where a water main repair had been made on December 20,
1999. The area had settled several times and each time staffadded material. On February 22,
2000, Public Works noticed that a portion of the street had been undermined. Staffknocked in
the asphalt in the area that was undermined and were in the process of removing the asphalt
chunks from the hole with the backhoe when the US West Cable was damaged. A underground
locate had been previously requested for the original excavation the city made at 40th Avenue and
Central Avenue, but not for the settlement repair.
Damage Detail: 900 Pair Buried Cable
Location: 40th Ave. NE & Central Ave.
Date of Damage: 02/22/00
Cost to repair: $4,182.06
Analysis/Conclusions:
In this case, the city is responsible for damages caused to another utility when Gopher State One
Call protocol is not followed, by calling the required time in advance. Subsequently, all Public
Works personnel have been instructed that there is a zero tolerance for not making Gopher State
one-calls a responsibility. It is not permissible under any circumstance to excavate without
following Gopher State One Call protocol, for each excavation.
Requested Action:
Authorize payment to US West for repair of damaged cable at 40th Avenue a~d Central in the
amount of $4,182.06, with funding appropriated from Fund #601-49430-4000.