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HomeMy WebLinkAboutApril 25, 1988OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 25, 1988 The meeting was called to order by Mayor Hadtrath at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Hadtrath - present 2. Invocation Pastor Richard Mork of First Lutheran Church offered the Invocation. 3. Consent Agenda The Council adopted the following consent agenda items: Minutes of Previous Meetings The Council approved the minutes of the Regular City Council Meeting of April llth, the Volunteer Relief Association Meeting of April llth, the Board of Review of April 18th, and the Special Council Meeting of April 19th. There were no corrections. Resolution No. 88-38; Being a Resolution Indemnifying the State of Minnesota RESOLUTION NO. 88-38 BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM CERTAIN CLAIMS ARISING FROM THE 37TH AVENUE N.E. DESIGN VARIANCE BE IT RESOLVED by the City of Columbia Heights: That the City sha]l idemnify, save and hold harmless the State of Minnesota and all its agents and employees of and from any and all claims, demands, actions or causes of action of any nature or character arising out of or by reason of, in any manner, the rehabilitation of Municipal State Aid Street I01 (37th Avenue N.E.) between Central Avenue and Johnson Street in any other manner than as a 30 mile per hour design in accordance with the Minnesota Rule 8820.9912 and further agrees to defend at its sole discretion and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Passed this 28th day of April, 1988. Offered by: Paulson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Request of Columbia Heights Lions Club to Hold Various Events During the Jamboree The Council authorized the closing of Jefferson Street from the morning of Tuesday, June 21st through Sunday, June 26th, and approved the Jamboree Parade permit provided, however, that appropriate arrangements are made with various City Departments including the application and payment of necessary licenses and permits and that the appropriate deposits are subm|tted. Coun¢ll ,~ccting April 25, 1988 page 2 Gambling License Application - Immaculate Conception Church - Renewal of Class B at Immaculate Conception Church The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Church of the Immaculate Conception for gambling activities to be conducted on church property. Gambling License Application - Columbia Heights Athletic Boosters Club, Inc. Class B at Tycoon's Tavern, 4952 Central Avenue The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the issuance of a Class B charitable gambling license to the Columbia Heights Athletic Boosters Club, at Tycoon's Tavern located at 4952 Central Avenue. Award of Road Materials The Council authorized the Mayor and City Manager to enter into an agreement to purchase road materials and crackfilling materials out of line item 101-43121 2160 at the unit prices as noted in the Council Letter dated April 22, 1988. Licenses The Council approved the license applications as'listed upon payment of proper fees and waived the fees as indicated. Payment of Bills The Council authorized the payment of bills as listed out of proper funds. 4. Approval of Consent Agenda Motion by Paulson, second by Peterson to approve the consent agenda. Roll call: All ayes 5. Proclamations Mayor Hadtrath read a proclamation indicating recognition to the volunteers of the Anoka County Mediation Services on one year's service. 5a. Presentations Mayor Hadtrath presented a plaque to Al Martinsen, Jr. in recognition of seventeen years of service on the Insurance Commission. Mayor Hadtrath presented a plaque to Donald Johnson for seventeen years of dedicated service to the City as a member of the Traffic Commission. 5b. Oral Petitions The resident at 3959 Quincy Street advised the Council he has tried without success to stop delivery of papers to his home. He requested the Council find a solution to this problem. A resident in the area of 43rd Avenue and Fifth Street advised the Council that there is a home in his ne,lghborhood which has much junk in the yard as well as a house at the end of his block which is vacant and is the site of much.partying and traffic. The resident was advised by the Building Inspector .that his department is aware of these problems and they are being worked on. Also, this resident told the Council about a fence which was discarded into an empty lot at 43rd and Fifth Street and he named the party who put it there. The Building Inspector w~ll follow through on this information. Council Meeting April 25, 1988 page 3 6. Ordinances and Resolutions a. Second Reading of Ordinance No. 1137; Pertaining to Signs The City Manager advised that this ordinance attempts to address larger sites in the City which would allow for a second freestanding sign. Also, the mora- torium on non-compling signs was extended to duly 13, 1993. Motion by Carlson, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1137 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SIGNS The City of Columbia Heights does ordain: Section l: Section 9.117A(jj) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: (j j) Projecting Sign: A sign which extends outward from the wall of a building or structure more than fifteen inches (15"), and is supported by or suspended from such wall. (j j) Shall hereafter read as follows, to-wit: Projecting Sign: A sign which extends outward from ~he wall of a building or structure more than eighteen inches (18"), and is supported by or suspended from such wall. Section 2: Section 9.117A(8)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: (ii One (1) wall sign on each side of the building which faces a public street, not to exceed fifty (50) square feet per surface and limited to one (1) surface per sign. Shall hereafter read as follows, to-wit: (i) Section 3: Any number of wall signs on any side of a building which faces a public street, not to exceed fifty (50) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Section 9.117A(9)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: One (1) wall sign on each side of the building which faces a public street, not to exceed one hundred (100) square feet per surface, and llmited to one (1) surface per sign. Shall hereafter read as follows, to-wit: (ii Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred (lO0) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Council Meeting April 25, 1988 page 4 Section 4: Section 9.117A(lO)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: (il One (1) wall sign on each side of the building which faces a public street, not to exceed one hundred square feet (100) per surface, limited to one (1) surface per sign. Shall hereafter read as follows, to-wit: (il Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Section 5: Section 9.117A(ll)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which hereby reads as follows, to-wit: (il One (1) wall sign per lot line which faces a public right of way, not to exceed one hundred (100) square feet per surface, and limited to one (I) surface. Shall hereafter read as follows, to-wit: (il Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Section 6: Section 9.117A(lO)(b)(ii) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which hereby reads as follows, to-wit: (ii) One (1) freestanding sign only if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed seventy-five (75) square feet per surface, and limited to two (2) surfaces. Shall hereafter read as follows, to-wit: (ii) One (1) freestanding sign only if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed seventy-five (75) square feet per surface, and limited to two (2) surfaces. Provided, however, that (al if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 80,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds one hundred fifty feet (150') in length, and (c) if the building is located twenty feet (20") or more from the front lot line, a second freestanding sign not to exceed seventh-five (75) square feet and limited to two (2) surfeces shall be permitted at a location at least fifty feet (50') distant from any other freestanding sign and at least twenty-five feet (25') distant from the lot line of any adjoining parcel of land other than a street or alley. Section 7: Section 9.117A(9)(b)(ii) of Ordinance No. 853, City Code of 1977, Council Neeting April 25, 1988 page 5 (ii) (ii) Section 8: passed June 21, 1977, which currently reads as follows, to-wit: One (1) freestanding sign, only if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed thirty-two (32) square feet, and limited to two (2) surfaces. Shall hereafter read as follows, to-wit: One (1) freestanding sign only if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed seven:y-five (75) square feet per surface, and limited to two (2) surfaces. Provided, however, that (al if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (bi if the street frontage of .the site on which the building or structure is located exceeds one hundred fifty feet (150') in length, and (c) if the building is located twenty feet (20') or more from the front lot line, a second freestanding sign not to exceed seventy-five (75) square feet and limited to two (2) surfaces shall be permitted at a location at least fifty feet (50') distant from any other freestanding sign and at least twenty-five feet (25') distant from the lot llne of any adjoining parcel of land other than a street or alley. Section 9.117A(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, (as amended by Ordinance No. 948, passed July 13, 1981) which reads as follows: 9.117A(2) Application (a) Within the municipality, no sign shall hereafter be erected, placed, altered, or moved unless in con- formity with thls section. (bi Signs which are lawfully in existence and in use prior to and at the time of the legal adoption of this Section may remlan in use even though they do not conform with the provisions of the Section for five (5} years to the extent permissible under Sect ion 9.104(3). (c) No sign lawfully in existence at the time of the adoption of this Section may be rebuilt, recon- structed, or altered with the exception of copy change unless in conformity with the provisions of this Code. (d) A sign is a structure or part of a structure for the purpose of applylng yard and height requirements as required by Chapter 9, Article I of this Code. (e) Nothing in this Section shall relieve any person from complying with any other provision of this Code. Council Meeting April 25, 1988 page 6 is herewith amended to read as follows: 9.117A(2) Application (a) (b) (c) Within the municipality, no sign shall be hereafter erected, placed, altered, or moved unless in con- formity with this section. Signs which were lawfully in existence and in use prior to and on July 13, 1981, may remain in use until July 13, 1993, even though such signs do not conform with Section 9.117A of the City Code. No sign lawfully in existence at the time of the adoption of this Section may be rebuilt, recon- structed, or altered with the exception of copy change unless in conformity with the provisions of this Code. (d) (e) A sign is a structure or part of a structure for the purpose of applying yard and height requirements as required by Chapter 9, Article I of this code. Nothing in this Section shall relieve any person from complying with any other provision of this Code. Section 9: Section 9.117A(13) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to-wit: ~9.117A(13) Minimum Yard Requirements - Freestanding Signs The minimum front, side and rear yard requirements for freestanding signs shall be the same as that required for any other structure within the zone where such sign is located except that when the bottom edge of the freestanding sign is eight feet (8') or more above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by 59.104(7) of this Code. Section 10: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: March 28, 1988 April 25, 1988 April 25, 1988 Offered by: Carlson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Council Meeting April 25, 1988 page 7 b. Second Reading of Ordinance No. 1161; Pertaining to Day Care Centers Motion by Peterson, second by Paulson to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ali ayes ORDINANCE NO. 1161 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO DAY CARE CENTERS The City of Columbia Heights does ordain: Section 1: Section 9.1)1(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows to-wit: 9.111(2) Conditional Uses Within any "LB" Limited Business District no structure or land shall be used for the following uses except by conditional use permit. (al (c) (d) Accessory structures other than private garages. Art studio, interior decorating studio, photographic studio, music studio, and dance studio, provided no retail sales are made nor any manufacturing conducted on the site. Private clubs and lodges not operated for profit. Hospitals for human care, nursing homes or retirement homes, provided the site shall contain not less than six hundred (600) square feet of lot area for each person to be accommodated and that no building be located less than fifty (50) feet from the side lot line. (el Historical buildings, museums, art institutes, galleries and theater for the live arts. (fi Nursery and landscape sales. (gl Radio and television sales. {hi Radio and television towers. (i) Retail sales and services may be provided by vending devices or by personnel when such retail area is within a building so constructed and maintained that all access'if from a lobby, hall or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the occupants of the building. (j) Operation of public transportation, but not switching, storage or other.railroad activities. (k) Utility service structures, which shall be in a building which conforms to the yard requirements aod architectural style of the neighborhood. Council Meeting April 25, 1988 page 8 (1) Research and development laboratories. (mi Retail stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be as appropriately and desirably located in the LB zone. is herewith amended to read as follows: 9.112(2) Conditional Uses Within any "LB" Limited Business District no structure or land shall be used for the following uses except by conditional use permit. (al Accessory structures other than private garages. (bi Art studio, interior decorating studio! photographic studio, music studio, and dance studio, provided no retail sales are made nor any manufacturing conducted on the site. (c) Private clubs and lodges not operated for profit. (d) Hospitals for human care, nursing homes or retirement homes provided the site shall contain not less than six hundred (600) square feet of lot area for each person to be accommodated and that no building be located less than fifty (50) feet from the side lot line. (el Historical buildings, museums, art institutes, galleries and theater for the live arts. (fi Nursery and landscape sales. (gl Radio and television studios. (hi Radio and television towers. (ii Retail sales and services may be provided by vending devices or by personnel when such retail area is within a building so constructed and maintained that ail access if from a lobby, hall or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the occupants of the building. (j) Operation of public transportation,, but not switching, storage or other railroad activities. (k) Utillty service structures, which shall be in a building which conforms to the yard requirements and architectural style of the neighborhood. (I) Research and development laboratories. (mi Retail stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be as appropriately and desirably located in the LB Zone. Council Meeting April 25, 1988 page 9 (n) Day care centers. Section 2: Section 9.112(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to-wit: ~9.112(2)Conditional Uses Within any "CBD" Business District, no structure or land shall be used'for the following uses except by conditional use permit. (a) Accessory structures. Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall of fence not less than five (5) feet in height. (c) Open sales lots provided that: (d) (e) (f) (g) (h) i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. Off-street parking lots subject to Section 9.116(2). Parking ramps. Public utility structures. Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when lo- cated outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off- street parking shall be provided at a ratio~ of one (1) space for each two vending devices. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. Arcades (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Council Meeting April 25, 1988 page 10 (k) Massage therapist businesses licensed pursuant to Section 5.612. is herewith amended as follows: 9.112(2) Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures (b) Dwelling unit~ (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off- street parking shall be provided at a ratio of one (1) space for each two vending devices. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. (1) Day care centers. Council Meeting April 25, 1988 page 11 Section 3: Section 9.113(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. (c) The units do not access the first floor, and access to dwellings is an exclusive entrance. (d) Off-street parking lots subject to Section 9.116(2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116(14). (g) Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. (h) Resturant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishements as such establishements are defined in Section 9.102(63). (i) Drive-in businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. v) The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of- way or adjacent land in residential use. (])' Arcmdes. (k) New auto and truck sales, used auto and truck sales in conjunction therewith, provided that the site involved therewith is a minimum of three (3) acres. is herewith amended as follows: 9.113(2) Conditional Uses Council Meeting April 25, 1988 page 12 Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Day care centers. (d) Off-street parking lots subject to Section 9.116(2). (el Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (fl Open sales lots subject to Section 9.116(14). (gl Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. (hi Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.102(63). (il Drive-in businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:00 a.m. and 1:O0 a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting shall be surfaced with a material which wil) control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. v) The lighting shall be accomplished in such a way as to have no direct source of light visable from the public right-of- way or adjacent land in residential use. Section 4: Section 9.114(2) of the City Code of 1977, as amended, passed June 21,.1977, which reads as follows, to-wit: 9.112(2) Conditional Uses Within any "GB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (al Accessory structures. (bi Dwelling units subject to Section 9.110(0). Council Meeting April 25, 1988 page 13 (c) Open sales lots subject to Section 9.116(14) and provided: (d) (e) i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) That the assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) That should the operation of the open sales lot be self- operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) Open sales lots shall not exceed two (2) square feet of surface to one (1) square foot of floor area within a building on the same or abutting lot devoted to the same use of a use adjunct or incident to the use of. Off-street parking lots subject to Section 9.116(2). Parking ramps. (f) (g) Public utility structures. Operation of public transportation, spur tracks, sidings, depots, but not L.C.L. storage tracks, switching yard or other railroad activities. (h) (i) (j) Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off- street parking shall be provided at a ratio of one (1) space for each two (2) vending devices. Warehousing having over 16,000 sq. ft. of gross floor area. Manufacturing, fabricating, assembly or repair of products provided that the space devoted to-such use does not occupy the front twenty-five feet of the ground fl cx:)r level of any structure and that such business operation conforms in all particulars to the provisions of Section 9.116(4)(z) of this Ordinance. F.A.R. shall not exceed 2.0. is herewith amended as follows: 9.114(2) Conditional Uses Within any "GB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units subject to Section 9.110(0). (c) Open sales lots subject to Section 9.116(14) and provided: i) The lot is surfaced and graded according to a plan submitted Council Meet;ing April 25, 1988 page 14 ii) That the assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) That should the operation of the open sales lot be self- operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv} Open sales lots shall not exceed two (2) square feet of surface to one (1) square foot of floor area within a building on the same or abutting lot devoted to the same use of a use adjunct or incident to the use of. (d) Off-street parking lots subject to Section 9.116(2). (el Parking ramps. (fi Public utility structures. (gl Operation of public transportation, spur tracks, sidings, depots, but not L.C.L. storage tracks, switching yard or other railroad activities. (h) Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of a building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off- street parking shall be provided at a ratio of one (1) space for each two (2) vending devices. (ii Warehousing having over 16,000 sq. ft. of gross floor area. (j) Manufacturing, fabricating, assembly or repair of products provided that the space devoted to such use does not occupy the front twenty-five feet of the ground level of any structure and that such business operation conforms in all particulars to the provisions of Section 9.116(4)(z) of this Ordinance. F.A.R. shall not exceed 2.0. (k) Day care centers. Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: March 28, 1988 April 25, 1988 April 25, 1988 Offered by: Peterson Seconded by: Paulson Roll call: Ali ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1162; Rezoning of Certain Property The property to be rezoned is located at 4009 and 4013 Fourth Street N.E. Motion by Peterson, second by Carlson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Council Meeting April 25, 1988 page 15 ORDINANCE NO. !i62 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO REZONING OF CERTAIN PROPERTY The City of Columbia Heights does ordain: Section l: Lots 18 and 19, Block 51, Columbia Heights Annex to Minneapolis, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota which is currently zoned "RB" RETAIL BUSINESS DISTRICT" is here- with rezoned "R-3" MULTIPLE FAMILY RESIDENCE DISTRICT. The official zoning map is herewith amended to reflect this change. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: March 28, 1988 April 25, 1988 April 25, 1988 Offered by: Petkoff Seconded by: Carlson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary d. Resolution No. 88-39; Addendum to Master Contract for Local 49 Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 88-39 BEING A RESOLUTION REGARDING AN ADDENDUM TO THE MASTER CONTRACT FOR MEMBERS OF LOCAL 49 BE IT HEREBY RESOLVED by the City of Columbia Heights, that WHEREAS, negotiations have proceeded between the International Union of Operating Engineers, Local No. 49, and members of the City negotiation team, and said negotiations have resulted in a mutually acceptable addendum to the master contract for the period of January 1, 1988 - December 31, 1989. WHEREAS, a copy of said local addendum will be available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED that the Addendum to the Master Contract as negotiated be and is hereby established as the supplementary agreement to the Master Contract between the City of Columbia Heights and the International Union of Operatlng Engineers, Local 49, for the period of January .1, 1988 - December 31, 1989. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this addendum agreement. Passed this 25th day of April, 1988. Council Meeting April 25, 1988 page 16 Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath 7. Communications a. Gambling License Application - Church of the Immaculate Conception Renewal of'Class B at Mady's Bowling and Lounge The owner of Mady's contacted the City Manager regarding this appllcation. The City Manager recommended tabling this matter for additiona] information. Counci]- member Paterson suggested that the gambling ordinance be discussed at a Council work session. Motion by Paterson, second by Pau]son to table this item. Roli call: Al1 ayes b. Traffic Commission The minutes of the April llth Traffic Commission meeting were distributed. They were for informational purposes only and no Council action was needed. c. Request by Dan's Fan City for Tent Sale - June 9-12, 1988 The City Manager reviewed the tent sale held by this firm in 1987 and recom- mended denial of the request. No one from the company was in attendance. Motion by Carlson, second by Paterson to deny the request to erect a tent at 4921 Central Avenue. Councilmember Paterson inquired if this matter could be reconsidered if someone representing the firm requested it. He was advised that this would be the case. Roll call: All ayes d. Request of U.S. West - NewVector Group, Inc. The NewVector Group is proposing to lease City property on Stinson Boulevard for the purpose of locating a 12' x 36' equipment building at the water tower site and to install cellular antennas on top of the water tank. The company is willing to compensate the City $550 per month, or to provide equipment to the City for public safety purposes. A representative of the NewVector Group advised the Council he will have ad- ditional information regarding this request. The Public Works Director expressed concern with this proposal regards access to the water tower. Mayor Hadtrath inquired if there had been similar requests and was advised there had been from other communications and alarm companies. Motion by Petkoff, second by Paterson to table this matter for additional infor- mation. Roll call: All ayes 8. Old Business a. Labor to Construct Kasota Stone Base Around Murzyn Hall Sign Motion by Paterson, second by Petkoff to award the labor to construct a Kasota stone base for the John P. Murzyn Hall sign to R.W. Soderstrom Company of Fridley, for their Iow quotation of $1,025; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. Roll call: All ayes b. Transfer of Evenson Properties Ownership The City Manager advised the Council of the proceedings of a meeting held with City staff, representatives of the bank which holds the mortgage on the Evenson properties and legal counsel. Council Meeting April 25, 1988 page 17 Resulting from this meeting was an agreement which transferred the manage- ment of the parking ramp from the Gay Realty to the Towle Company. The management costs will be paid by the What Company, a company formed by the First National Bank who is the mortgage holder on the Evenson Properties. Also, included in the agreement was a guarantee that the tax increment portion of the matter would be safeguarded in the event of a foreclosure. The City owns the ramp but presently the operating agreement is held by the Housing and Redevelopment Authority. The title to the ramp will be transferred to the City. The Council received copies of the management agreement. Mayor Hadtrath had reservations regarding any action by the Council since he and other members of the Council had not had time to study the agreement. The City Manager felt the Council could take action on this matter at the present time but make that action contingent on the review of the Mayor and City Attorney. He noted that there was a party who expressed interest in buying the office building and the shopping mall. Motion by Carlson, second by Peterson to authorize the Mayor and City Manager to execute an agreement for assignment, assumption and modification of manage- ment and lease agreement by and between the City, the Housing Authority, Terry Evenson, What Company and the First National Bank subject to such modification as the legal counsel deems necessary. Roll call: All ayes 10. Reports a. Report of the City Manager The City Manager submitted his report is written form and the following item was discussed: Community Service Worker Hours: Councilmember Petkoff inquired why some of the community service workers couldn't work cleaning up around Sullivan Lake and other areas in the City. The Public Works Director advised that they had been scheduled to do this work and have n '~er shown up. b. Report of the City Attorney The City Attorney noted that the condemnation proceedings for 3728 Hayes Street is scheduled for May 5th in District Court. Adjournment Motion by Peterson, second by Carlson to adjourn at 8:55 p.m.. Roll call: All ayes Uo-Anne Student, Council Secretary Mayor Dale V. Hadtrath