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HomeMy WebLinkAboutMarch 28, 1988OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 28, 1988 The meeting was called to order by Mayor Hadtrath at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Peterson, Hadtrath - present Carlson - absent 2. Pledge of Allegiance 3. Consent Agenda The City Manager reviewed the consent agenda items. They are as follows: Minutes of Previous Meetings The Counci) approved the minutes of the Public Improvement Hearing of March 7, 1988, the Regular City Council Meeting of March 14, 1988, the Board of Trustees - Volunteer Relief Division of March 14, 1988, and the Public Improvement Hearing of March 21, 1988. First Reading of Ordinance No. 1137 Bein9 an Ordinance Pertaining to Signs The Council waived the reading of the ordinance there being ample copies available for the public. The City Attorney distributed revised copies of Ordinance No. 1137 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 !: Section 9.117A(1)(jj) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 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. Shall hereafter read as follows, to-wit: (j j) Projecting Sign: A sign which extends outward from the wall 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: (1) One (1) wall slgn 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: 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. Regular Council Meeting March 28, 1988 page 2 Section 3: (il Section 9.117A(~) (bi (il 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 limited to one (1) surface per sign. Shall hereafter read as follows, to-wit: (1) Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred ()00) square feet of total surface area for all wall sign surface and limited to one surface per sign. Section 4: (il Section 9.)lA(lO)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currentl'y 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 (lO0) square feet per surface, limited to one (il 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 a11 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 {1) 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 (]00) 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: One (1) freestandlnq sian onlv if the bulldina 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 ~ereafter 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 flve (75) square feet per surface, and limited Regular Council Meeting March 28, 1988 page 3 Section 7: (ii) (ii) Section 8: to two 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 n~:)re than 80,000 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 llne, 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 free- standing 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 ~.ll7A(~)(b)(ii) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: One (I) 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-wlt: 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, (bi if the street frontage of the site on which the building or structure ls 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 llne, a second free- standing 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 line 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) Appllcatlon (al Within the municipality, no sign shall hereafter be erected, placed, altered, or moved unless In conformity with this 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 remain in use even though they do not conform with the provisions of the section for five (5) years to the extent permissible under Regular Council Meeting March 28, 1988 page 4 Section 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 applying yard and height require- ments as required by Chapter 9, Article I of this code. (el Nothing in this section shall relieve any person from complying with any other provision of this code. is herewith amended to read as follows: 9.117A(2) Application (al Within the municipa)ity, no sign shall hereafter be erected, placed, altered, or moved unless in con- formity wlth this section. (b) Signs which are 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. (c) No sign lawfully in existence at the time df 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. (el Nothing in this section shall relieve any person from complying with any other provision of this code. Section Section 9.117A(13) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read follows, to-wit: )9.T17A(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 s.ign 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 Regular Council Meeting March 28, 1988 page 5 Shall invade the area required for traffic visibility by ~9.104(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: March 28, 1988 First Readin9 of Ordinance No. 1161Bein9 an Ordinance Pertainin9 to Day Care Centers The Council waived the reading of the ordinance there being ample copies available to the public. 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 9.111(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. (a) Accessory structures other than private garage. (b) 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 accom- modated and that no building be located less than fifty (50') feet from the side lot ilne. (e) Historical buildings, museums, art institutes, galleries, and theater for the ilve arts. (fi Nursery and landscape sales. (g) Radio and television studios (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. Regular Council Meeting March 28, 1988 page 6 (j) Operation of public transportation, but not switching, storage or other railroad activities. (k) (m) Utility service structures, which shall be in a building which conforms to the yard requirements and architectural style of the neighborhood. Research and development laboratories. 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. (b) 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, Qalleries, and theater for the live arts. (fl Nursery and landscape sales. (g) Radio and television studios. (h) Radio and televislon towers. (1) Retail sales and services may be provided by vending devices or by personnel when such retail area is wlthin a buliding so constructed and maintained that all access if from a lobby, hall. or court and not dlrectly 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 bulldlng which conforms to the yard requirements and architectural style of the neighborhood. Regular Council Meeting March 28, 1988 page 7 (1) Research and development laboratories. (m) Retail stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be as appropriately and desirably located in the LB zone. (n) Day care centers. Section 2: Section 9.112(2) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to wit: 9.112(2) Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the followlng uses except by conditional use permit: (a) Accessory structures. (bi 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) 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. (fi Publlc utillty structures. (g) Vending machines (coin operated) whether they be for service or product shall be permitted lnslde of a building; when located outside of building they shall be considered as a building and conform to ali applicable regulations. Should' the vending machine be the principal use on the site, off- street parking shall be provided at a ratio of one (i) space for each t~o vending devices. (hi Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. Regular Council Meeting March 28, 1988 page 8 (j) (k) Arcades Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Massage therapist businesses licensed pursuant to 5action 5.612. is herewith amended as follows: Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) (b) 9.112(2) (c) (d) (e) (f) (g) 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 or fence not less than five (5) feet in height. 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. Off-street parking lots subject to Section ~).!16(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 located outside of building they shall be considered as a building and conform to all appllcable regulatlons. Should the vending machine be the principal use on the site, off- street parking shall be provided at a ratio of one (i) Regular Council Meeting March 28, 1988 page 9 Section 3: 9.113(2) (h) 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. ( i ) Arcades (k) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Massage therapist businesses licensed pursuant to Section 5.612. (1) Day care centers. Section 9.113(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to wit: Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) (b) (c) (d) (e) (f) (g) Accessory buildings. Dwelling units provided. The units do not access the first floor, and access to dwellings is an exclusive entrance. Off-street parking lots subject to Section ~.116(2). Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. Open sales lots subject to Section ~.116(!q). Motor fuel stations (minor) and major fuel stations wlth minor repairs (not to exceed 4 bays) subject to Section ~.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject to Section ~.116(I$) and Prepared Food Oelivery Establishments as such establishments are defined In Sectlon ~.102(63). , (i) Drive-in businesses subject to the following requlrments: i) Hours of operation $hall .be confined to the perlod between 10:O0 a.m. to I:00 a.m. for those serving food or drink. Regular Council Meeting March 28, 1988 page 10 ii) The entire area shall have a drainage system approved by the City Engineer. ili) 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 ap- proved entrances or exits. v) The lightlng shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent /and in residential use. (j) Arcades. (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'.11 (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. · 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). (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) Restaurant, cafe, tea room, bar, prepared food outlet, s subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.102(63). Regular Council Meeting March 28, 1988 page 11 (i) Drive-in businesses subject to the followlng requlrments: 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 ~hich will control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade sha]l 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. Section h: Section 9.11h(2) of the City Code of 1977, as amended, passed June 21, 1977, ~hich reads as follows, to wit: 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 by the applicant and approved by the City Englneer. 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 wlthln a building or 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). (e) Parking ramps. (f) (g) Publlc utility structures. 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 Regular Council Meeting March 28, 1988 page 12 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 (i) space for each t~o (2) vending devices. (i) 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 floor level'of any structure and that such business operation conforms in all particulars to the provisions of Section ~.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) (b) Accessory structures. Dwelling units subject to Section 9.110(0). (c) Open sales lots subject to Section 9.116(14) as provided: 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 of 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). (e) Parking ramps. (f) Public utility structures. (g) 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 buildlng; when located outside of building they shall be considered as a Regular Council Meeting March 28, 1988 page 13 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 (I) space for each two (2) vending devices. (i) Warehousing having over 16,0OO square feet of gross floor area. (3) 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 floor 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: March 28, 1988 First Reading of Ordinance No. 1162; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Rezoning of Certain Property The Council waived the reading of the ordinance there being ample copies available for the public. ORDINANCE NO. 1162 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO REZOIIING OF CERTAIN PROPERTY The City of Columbia Heights does ordain: Section 1: 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, Min- nesota which is currently zoned "RB RETAIL BUSINESS DISTRICT" is herewith rezoned "R-3" MULTIPLE 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: March 28, 1988 Resolutlon 88-28; Being a Resolution Establishing Load Limits on City Streets The Council waived the reading of the resolution there being ample copies available to the public. RESOLUTION NO. 88-28 ESTABLISHING LOAD LIMITS ON CITY STREETS BE IT RESOLVED by the City Council of Columbia Heights as follows: Regular Council Meeting March 28, 1988 page 14 I. During such times as the load restrictions on State Trunk Highways in Seven County Metro Area are in force, no vehicle shall be driven or operated upon any street or public highway in the City under jurisdiction of the City where the weight of such vehicles exceeds: 4 TON PER AXLE 2. The above restriction shall not apply on streets designated as Municipal State Aid or County State Aid routes and State Highways on which the weight of each vehicle shall not exceed: 7 TON PER AXLE This shall not apply to State or County Hiqhways within the CI~y where load limits are established by their respective agencies or departments. 3. Notice of these restrictions shall be published and posted with respect to each of such streets and highways and when so published and posted, the restrictions shall be in full force and effect; as well provided in accordance with Minnesota Statutes, Section 169.87. 4. A vehicle in excess of such limits may be operated or driven upon a street or public highway in the City without violation of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes, Section 169.86 which are adopted and made a part hereof by reference the same as if fully incorporated herein. 5. The church bus, school bus, and other public transportation vehicle operators are given special permit to proceed with normal operation of their regularly established routes and at regularly established hours, said permits to be issued by the City Engineer. Passed and adopted by the City Council of the City of Columbia Heights, March 28, 1988. Offered by: Peterson Seconded by: Petkoff Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Resolution No. 88-30; Bein9 a Resolution Regarding Police Officers Labor Agreement The Council waived the reading of the resolution there being ample copies available to the public. RESOLUTION NO. 88-30 REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 - POLICE OFFICERS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, representing Police Officers Regular Council Meeting March 28, 1988 page 15 and City's Police Department, and members of the City negotiating team, and said negotiations resulted in an impasse between the parties on the following issues: 1. Wages - amount of increase - Appendix A.1. 2. Wages - differential for certain classiflcations - Appendix A.2. (al. 3. Wages - differential for corporals - Appendix A.2. (bi. h. Wages - establishment of Senior Officer pay when Sergeant not present - new. 5. Lunch Break - whether lunch breaks are on or off the clock - Article 3.12. 6. Overtime - distribution of overtime work - Artlcle 7. Court Time - method of payment for court time - Article 8. Insurance - amount of employer contribution for health, life, LTD - Article 17.1. 9. Dental Insurance - technical language change - Article 17.2. 10. Insurance - single premium account. - New. 11. Injury on Duty - number of benefit days per injury - Article 20. 12. Longevity/Education Incentive - continuation of - Article 21. 13. Holidays - number of - Article 22. Ih. Holidays - number of holidays qualifying for premium pay - Article 22. 15. Holidays - employer option to provide day off In lieu of pay - New. 16. Severence= eligibility for - Article 23.h. 17. Severance -severence pay formula - Article 23.4. 18. Vacation - accrual rate - Article 25.1. 19. False Arrest Insurance - continuation of - Article 25.1. 20. P.O.S.T. Requirements - paid time for achieving POST requirements - New. 21. Education Requirements - continuing education as a condition of employment - New. 22. Interest on Back Pay - union seeks interest on back pay. 23. Duration - one or two year agreement - Article 31. WHEREAS, an arbitrator was selected by the parties to determine such issues; and, WHEREAS, at the time of the hearing, the parties reached a tentative agreement on six of the twenty-three issues; and, WHEREAS, the arbitration hearing resulted in the following, effective January 1, 1987, for Local No. 320 - Police Officers of: 1. Wages - 3.825~ adjustment; Top Police Officer Rate--$2,$60 per month 2. Wages-Increase in differentlal for certain classifications: Investigator/Detective: $107/month ($7 increase) School Liaison Officer: $110/month ($10 increase) Juvenile Officer: $105/month ($5 increase) Dog Handler: $106/month ($6 .increase) 3. Wages-Increase in differentlal for Corporal: $60/month ($10 Increase) 4. Wages-Establishment of Senior O.~flcer Pay: No Change 5. Lunch Break: No Change 6. Overtime: Proposal Withdrawtt 7. Court Time: No Change 8. Insurance-Health, Life & Long Term Olsability:$175 per month Employer contribution for employee and dependent coverage ($10 increase) 9. Dental Insurance: Mutually agreed to up to $15 per month of the employer contrlbut'ion to insurance may be used for dental insurance for employee coverage. Regular Council Meeting March 28, 1988 page 16 10. Insurance-Single Premium Account: No Change ll. Injury on Duty: No Change 12..Longevity/Education Incentive: Deletion of education incentive language from contract (based on previous award) and change in longevity from percentage to salary to dollar amount. After 4 years After 8 years After 12 years After 16 years 13. Holidays-Number of: 78.33/month 130.56/month 182.77/month 234,gg/month No Change 14. Holidays-Number qualifying for premium .pay: Increase from 6 to 8 premium holidays-Union chooses which additional two holidays will be premium holidays. Union has selected Presidentsj Day and Christmas Eve Day. 15. HolidayE?Employer option to provide day off In lieu of pay: No Change 16. Severance - Eligibility For: No Change 17. Severance - Severance Pay Formula: 18. Vacation - Accrual Rate: False Arrest Insurance: 20. P.O.S.T. Requirements: 21. Education Requirements: 22. Interest on Backpay: 23. Duration: No Change No Change Proposal Withdrawn No Change Proposal Withdrawn Proposal Withdrawn Proposal Withdrawn BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to enter into a contract with Local 320 - Police Officers in accordance with the above. Passed this 28th day of March, 1988. Offered by: Peterson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Resolution No. 88-31; Pertaining to Various Compensation Rates The Council waived the reading of the resolution there being ample copies available to the public. RESOLUTION NO. 88-31 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT VOLUNTEER DIVISION REGARDING FIRE CALLS, DRILLS AND STATION DUTY BE IT HEREBY RESOLVED by the Columbia Heights City Council that effective January I, 1988, the following hourly rates shall be paid to the Volunteer Division Members for fire calls, station duty, and drills: Drills Station Duty Fire Calls 1) Recruit Pay: Regular Council Meeting March 28, 1988 page 17 Step I Date of Appointment to Volunteer Division through end of sixth month $3.75 $5.00 Step II Start of seventh month until person attains EMT Rating $3.95 $5.75 Step III Attainment of EMT Rating through completion of 36 months $4.25 $6.50 2) Firefighter (Must be EMT Rated) After 60 months of active duty (from date of appointment to Volunteer Division) 54.50 $7.75 $4.5O $8.5O 3) Captain $5.50 $9.25 NOW, THEREFORE, BE IT FURTHER RESOLVED that the rates of pay as indicated above shall be reviewed after 36 months from the date of this resolution; and, FURTHERMORE, that as of March 25, 1988, Firefighters having less than 60 months of active duty as a Columbia Heights Volunteer Firefighter will be compensated as "Firefighter (must be EMT Rated) $4.50 - Drills and Fire Station Duty, and, $7.75 - Fire Calls". Passed this 28th day of March, 1988. Offered by: Peterson Seconded by: Petkoff Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Request for Contribution by Mediation Services The Council authorized payment of $971 to Mediation Services for Anoka County which was consistent with direction given by the Council on August 24, 19B7. Final Payment for Project #8704 - Concrete Restoration on Municipal Service Center Floor The Council accepted the work on the Municipal Project #8704 and authorized final payment to be made to Graham's Contracting Company of Taylors Falls, Minnesota in the amount of $14.00. Purchase of Traffic Paint The Council authorized the purchase of.traffic paint from Ennls Paint Manufacturing . Inc. of EnnIs, Texas for a total amount of $1,372.32 and authorized the Mayor and City Manager to enter into an agreement for same. Regular Council Meeting March 28, 1988 page 18 Purchase of Replacement Engine for Vertical Au~r The Council authorized the purchase of one Wisconsin Model W2-880 engine, Specification #432397, from Teledyne Total Power Company of Brooklyn Park, Minnesota, for their low quotation of $1,666.OO and also authorized the Mayor and City Manager to enter into a purchase agreement for same. Mileage Reimbursement for Pat Olynyk The Council authorized reimbursement to Pat Olynyk in the amount of $1,OO8.99 for mileage reimbursement for 1987 queen activities. Attendance of Liquor Store Manager at Liquor Convention The Council authorized the attendance of the Liquor Operations Manager at the National Liquor Stores Association annual convention in Orlando, Florida from May 16 to 19, 1988 and authorized that related expenses be reimbursed. License Applications The Council approved the license applications as listed when proper fees have been received and waived those 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 Peterson, second by Petkoff to approve the consent agenda as presented. Roll call: All ayes ~ 5. Open Mike and Proclamations Mayor Hadtrath read a proclamation recognizing April as Fair Housing Month and a proclamation recognizing April loth through the 16th as Week of the Young Child. The resident at 4638 Johnson Street expressed his concern with the six hour parking ordinance in the City and the manner in ~hich it is enforced. The City Manager advised the Council of staff's position regarding the 41st Avenue project. He stated that staff is still of the opinion that this project should be done either this year or next. He noted that savings would be realized if it is added to other construction projects. He requested the Councilmembers state their individual positions regarding this project which he would put in letter form to the affected property owners. All members of the Council concurred that there should be no re-hearing and the project should go forward. 6. Ordinances and Resolutions Second Reading of Ordinance No. 1160; Issuance of Tags for Certain Violations Motion by Paterson, second by Paulson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1160 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO AUTHORIZATION OF PERSONS OTHER THAN PEACE OFFICERS TO ISSUE TAGS FOR CERTAIN VIOLATIONS OF LAW The City of Columbia Heights does ordain: Regular Council Meeting March 28, 1988 page 19 Section 1: Section 3.203(7) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to wit: 3.203(7) Persons hired as community service officers in the police department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence of this Code, to wit: (ri (si (ti (vi (wi (x) (Y) (z) (aa) (bb) (cc) (dd) (a) 7.202(2) overtime parking in public parking areas (bi 7.202(3) loading zones (c) 7.202(4) bus stops and taxi stands (d) 7.202(5) meter parking areas (e) 7.202(6) boulevard parking (fi 7.202(6)(c)(iii) violation of a boulevard parking permit (g) 7.202(9) handicap parking (hi 7.203(1) temporary or .emergency no parking (parades, etc.) (ii 7.205(1) six hour minimum parking (j) 7.205(2) parking in a traffic lane or in an alley (k) 7.205(3) abandoned vehicle (1) 7.205(4) fire lanes or other parking violations on private property (mi 7.205(7) junk vehicles (n) 7.205(11)obstruct traffic in a private parking lot (o) 7.205(12)overtime parking in a private parking lot (pi 7.205(13)no parking 2 a..m. to 6 a.m. 7.205(14)no parking April 1 to May 1 when 3½ inches or more of snow on the street 7.401(1) blcycle registration 7.402(2) bicycle lights and reflector 7.402(3) miscellaneous bicycle violation Chapter 8, Article I, Section 1 through 8, Animal Violations 8.203(3) unauthorized signs in the public right-of-way 8.204(2) junk vehicles 7.401(3) bicycle impound 10.201(1) parking in a park 11 p.m. to 6 a.m. 10.201(12)pets on leash when in City park Minn. 5tat. 169.34 miscellaneous parking violations Minn. Stat. 169.346 handicap parking Minn. Stat. 169.34 parallel curb parking Minn. Stat. 169.222 operation of bicycles Section 2: Section 3.102(6) of the City Code of 1977, passed dune 21, 1977, which is currently reserved shall hereafter read as follows, to wit: 3.102(6) The Administrative Assistant to the City Manager is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this code, to wit: (a) Chapter 5, Commercial Licensing Regulations (bi 8.202(3) snow on sidewalks (c) 8.203 other nuisances (d) Chapter 8, Article III, Garbage and Rubbish SectiOn 3: Section 3.102(7) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to wit: 3.102(7) The Building Official is authorized to Issue a citation In lleu of arrest or continued detention to persons violating the following Regular Council Meeting March 28, 1988 page 20 sections of this code, to wit: (al Chapter 5, Cor, mercial Licensing Regulations (b) 8.202(1) substandard structures (c) 8.202(2) hazardous buildings (d) 8.202(3) snow on sidewalks (el 8.203 other nuisances (fl Chapter 6, Building and Construction (gl Chapter 8, Article Ill Garbage and Rubbish Section 4: Section 3.201(7) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to wit: 3.201(7) The Public Works Director is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this code, to wit: (al Chapter 6, Arctlcle III, Section i Street Excavations (b) 8.202(3) snow on sidewalks Section 5: Section 3.202(12) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to wit: 3.202(]2) The Fire Chief is authorized to issue a citatlon in lieu of arrest or continued detention to persons violating the following sections of this code, to wit: (al Chapter 8, Article IV Fire Safety (b) 8.202(3) snow on sldewa]ks Section 6: This ordinance shal] be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: March 14, 1988 March 28, 1988 March 28, 1988 Offered by: Paterson Seconded by: Paulson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Resolutlon No. 88-29; Being a Resolution Authorizing Joint Bidding of Sealcoating with the City of Fridley Motion by Paulson, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 88-29 A RESOLUTION AUTHORIZING THE JOINT BIDDING OF SEALCOATING WORK FOR STREETS WITH THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY WHEREAS, sealc°ating of asphalt streets is required; and R¢gular Council Meeting March 28, 1988 page 21 WHEREAS, the combination of these requirements into a single request for competitive sealed bids is desirable to obtain quantity economies; and WHEREAS, it is the desire of the cities of Columbia Heights and Fridley to sollclt bids by a single request for bids in accordance with the following procedures: 1. Any municipality desiring to contract for the purchase of any materials, supplies or work in cooperation with the other municipalities which are parties to this agreement shall, by its representatives, notify the other municipalities of such desire, indicating the items and quantity. 2. If two or more of such municipalities decide to cooperate in the joint bidding, the Authorized Representatives of the participating municipalities shall prepare the necessary plans and specifications, submit the same to the participating municipalities for their approval, and following such approval by each participating municipality, the Authorized Representative of the participating municipalities shall advertise for bids in the name of all participating municipalitles. All solicitatlons or advertisements for bids, together with the awarding of said bids, shall be in accordance with established practices and applicable laws. 3. Within five days after the receipt of bids, the Authorized Representatives of the participating municipalities shall determine which, in their opinion, is the best bid submitted, and they shall notify each of the participating municipalitles of their findings. 4. After receipt of the recommendation of the Representatives, or after the expiration of fourteen days, whichever occurs first, any municipalities desiring to execute a contract shall award the contract to the bidder which it determines to be the lowest responsible bidder, and each participating municipality shall then enter into a separate contract with the successful bidder for the materials, supplies and/or work advertised. Inasmuch as the purpose of this Agreement is to allow the participants to benefit from purchasing labor and materials in larger quantities, each municipality agrees to order and pay for the estimated quantities of goods, materials, supplies and labor purchased for them under this doint Agreement as initially requested by them; consistent with their actual needs. 5. All advertising costs in connection with the proposed purchase of any materials, supplies or work shall be borne equally by the participating municipalities. 6. Not' withstanding any other l'anguage to the contrary, each municlpallty reserves the right to reject any or all bids pertaining to that municipality, in whole or in part, in connection with the proposed contract of any materials, supplies or work. 7. It is understood and agreed that each participating municipality w111 make its own separate contract with the successful bidder, that each participating municipality shall only be llable to the successful bidder for materials, supplies or work contracted for by such municipality without any. liabillty for purchases contracted for by any other municipality,' and each successful bidder shall be required to bill each participating munlcipallty directly for the materials, supplies or work ordered by it. Regular Council Meeting March 28, 1988 page 22 o In the event of any dispute between a municipality and a successful bidder arising after a contract has been executed, such a dispute shall be handled by and between the particular municipality affected and the contractor. By agreement of all the parties hereto any other municipality may become a participant to this procedure prior to notification for publication for bids. 10. Each party hereto further agrees to save harmless any of the other parties hereto suffering loss or damage with respect to the contract supplier for failure to pay for any items actually ordered or failure to take the amount initially designated by such party and included in the award on behalf of such party pursuant to this contract. BE IT RESOLVED by the City Council of the City of Columbia Heights, as follows: 1. That the Public Works Director is hereby authorized to work with the Authorized Representatives of the City of Frid)ey in the development of of plans and specifications for joint bidding of street sealcoating, in accordance with the procedures stated above. 2. That consolidated advertisement of bids for asphalt street seal¢oating is authorized with the City of Fridley. Passed and adopted by the City Counci) of the City of Columbia Heights this 28th day of March, 1988. Offered by: Paulson Seconded by: Peterson Roll call: All ayes CITY OF COLUMBIA HEIGHTS Jo-Anne Student, Council Secretary ATTEST: Dale V. Hadtrath, Mayor Robert S. Bocwinski, City Manager William Elrite, City Clerk APPROVED AS TO FORM: Ronald S. Kalina, City Attorney ATTEST: CITY OF FRIDLEY Shirley Haapala, City Clerk William J. Nee, Mayor Nasim M. Qureshi, City Manager APPROVED AS TO FORM: City Attorney Resolution No. 88-32; Supporting the C.D.B.G. Program Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roli ca11: All ayes RESOLUTION NO. 88-32 SUPPORTING TIlE COHMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND REQUESTING THE MINNESOTA CONGRESSIONAL DELEGATION TO SEEK FULL FUNDING OF THE CDBG PROGRAM FOR THE 1~89 FISCAL YEAR Regular Council Meeting March 28, 1988 page 23 WHEREAS, the City of Columbia Heights has received since 1977 a total of $3,211,769.00 dollars from Community Development Block Grant funds, and WHEREAS, the Community Development Block Grant Program has been utilized by the City of Columbia Heights for a wide variety of local economic development, housing rehabilitation, and social service activities; and WHEREAS, the Community Development Block Grant Program has mede a significant contribution in the City of Columbia Heights in the meeting the needs of low and moderate income citizens and the ellmination of slum and blight; and WHEREAS, the Community Development Block Grant Program has been utilized by the City of Columbia Heights leveraglng private investment of approximately 27 million dollars in the City's Oownto~n Council Business District, and WHEREAS, although the federal government has cut the Community Development Block Grant Program more than fifty-six (56%) percent during the past seven years the dependence upon this source of funding has not diminished, and WHEREAS, under the President's fiscal year 1989 budget the administration is calling for the Community Development Block Grant Program to be further reduced to an all time low of $2.4 billion as compared to $3.9 billion in 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, THAT: 1. As a means of identifying the importance of continued funding of the Community Development Block Grant Program the City Council proclaims the week of April 2nd as Community Block Grant Week. 2. An invitation is extended by the City of Columbia Heights to the Minnesota congresslonal delegation to meet with local offlclals to hear firsthand the benefits of the Community Development Block Grant Program. The Mayor and City Manager are directed to contact our congressional delegation and make them aware of the impact COBG funding reductions would have in our local community development, housing activity, and publlc service projects. Passed this 28th day of 1988. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Regular Council Meeting March 28, 1988 page 24 7. Communications Conditional Use Permit - Sullivan Shores Development - Rottlund Company A representative of the Rottlund Company requested that Washington Street be used by trucks removing soil from the building sites. He felt that since that street would be torn up to remove the utilities from the vacant double bungalows there would be no further damage done by the trucks. The Public Works Director stated that there would be very little damage done to the street with the removal of the utilities and advised that the street not be used by the soil-removing trucks. Motion by Peterson, second by Paulson to approve the conditional use permit for removal of up to 13,000 cubic yards of soil from the Sullivan Shores site, provided that trucks enter and leave the site from 53rd Avenue and they be in conformance with the weight restrictions and that no trucks, full or empty, be allowed on Washington Street. Roll call: All ayes 8. Old Business Violation of Cable Television Franchise The City Manager advised the City Council of his conversation with the City's .: counsel, Gary Matz, regarding the City pursuing a claim against the ~e company's letter of credit. ~otion by Paulson, second by Paterson that the City Council direct the City Manager to direct e claim to either the First National Bank of Boston or First Bank of Boston in the amount of penalty as assessed by the City Council which will be determined by the City's cable counsel. It was noted that the amount of the penallties will be discussed at a Council work session. Roll call: All ayes 9. New Business Authorization to Retain Appraisal Services Motion by Peterson, second by Paulson to table this item. Roll call: All ayes Geographic Information System (GIS) - Joint Powers Agreement The Public Works Director stated that many units of government are becoming . involved with information gotten from a geographic information system. He noted that graphic forms such as this are easy and quick for people to grasp. The information made available and the uses that are available are endless. The Joint Powers study will take the individual cities up to the building process. The study will explain what it would or could do for each community. He noted that the Joint Powers Agreement ends at the end of the study and before a Request for Proposals is prepared. The Council recommended that this item be pursued. 10. Repor. t..s a. Report of the City Manager The City Manager's report was submitted in written form and the followlng items were discussed: 1. Door to Door Easter Appeal by Salvation Army: The City Manager received a letter on March 22nd from the Salvation Army notifying him that this organi- zation will have solicitors in the City. He noted that at this point in time no one from the organization has come to the City Hall to get a permit for this activity. The Police Chief has been made aware of these solicitations. Regular Councll Meeting March 28, 1~88 page 25 2. Purchase of Equipment to Comply with Confined Space' Act: More infor~tlon on this matter wlll be on the April IIth Councll Meeting agenda but the City Manager noted that there will be an addltlonal equipment purchase request forthcoming as well as authorization to transfer funds. Publication of Legal Notices In the Post Publications: An agreement has been reached between the City and Post Publications that the Clty wlli received a four percent discount after the first $10,000 of legal notices have been published during 1988. R.F.P. from Architects/Engineers for Clty Mall and Servlce Center: The City Manager stated that the roof on the Library may be Included in the contract. Sullivan Shores - Construction Plan Amendment: The City Manager reviewed what is being proposed by the construction company. Ne felt the amendment ~ould probably be accepted by the HRA Board of Coe~issloners. b. Report of the City Attorney The City Attorney noted that a lawsuit started by a resident on q4½ Avenue against a contractor has now included the City. He will be advising the Council of the activity on this matter. Adjournment Motion by Paulson, second by Paterson to adjourn the meeting at 8:55 p.m.. Roll call: All ayes retary Mayor Dale V. Hadtrath