HomeMy WebLinkAboutMay 9, 1994OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MAY 9, 1994
The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant.
1. ROLL CALL
Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant- present
2. PLEDGE OF ALLEGIANCE
C~ONSENT AGENDA
The following items were addressed on the Consent Agenda:
A_m~_ royal of Minutes
The Council approved the minutes of the Regular City Council Meeting and the
Continued Board of Review of April 25, 1994 and the Reconvened Council
Meeting of April 26, 1994 as presented in writing.
'Deaf Child" Si_nn on 2 1/2 Street
The Council approved the in~nllation of a "Deaf Child Area · sign jnst north of the
intersection of 2 1/2 Street and 44th Avenue, approximately 100' north of 4404 2
1/2 Street with the condition that the Public Works Director be notified when the
child moves out of the area, based on the recommendation of the Traffic
Commission.
Special Purpo_ se Fence- ~.~.~.1 Jefferson Street
The Council approved the six foot high special purpose privacy fence proposed for
installation along and in.~ide the south properly line at ~.~.~. 1 Jefferson Street.
Soecial Purpo_ se Fence - 4524/4526 Washin~on Street
T-he Council approved the request for a six foot high special purpose privacy fence
along the south side of the property located at 4524/4526 Washington Street.
Special Pur~o_ se Fence - 4136 Fifth Street
The Council approved the request for a six foot high special purpose privacy fence
at 4136 Fifth Street.
Permits for 1994 Jmboree
The Council authorized the staff to close Jefferson Street from Monday afternoon,
June 20th through Sunday, June 26th.
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 2
The Council authorized the Police Department to issue a parade permit for the
Jamboree Parade to be held on Friday, June 24, 1994 at 6:30 p.m. for the
following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th
Avenue to Fifth Street and Fifth Street to Mill Street.
Accept Donation of $390 from Columbia Hei_p_hts Athletic Boosters
The Council accepted the $390 donation from Columbia Heights Athletic Boosters
to be used for School Patrol Recognition Day.
Fourth of Jul_v Fireworks Bid
The Council authorized staff to seek bids for the Fourth of July fireworks display.
Establish Date for Public Hearin_~ on 44th Avenue Sidewalk
The Council established a public hearing for May 23, 1994 at 7:00 p.m. in the
City Council Chambers for sidewalk installation on 44th Avenue from Tyler Place
to Reservoir Boulevard.
Establish a Public Hearine to Consider Alley Liv_htin,~
The Council established June 13, 1994 at-7:0~ p',~,, as a public hearing for
consideration of alley lighting between Madison and Monroe Streets from 42nd to
43rd Avenues.
License Applications
The Council approved the license applications as listed upon payment of proper
fees.
Payment of Bills
The Council approved the payment of the bills as listed out of proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Jolly to approve the Consent Agenda. Roll call:
AH ayes
OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Mayor Sturdevant read the proclamation designating May 15 through May 21,
1994 as 'National Public Works Week."
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 3
o
Joyce Meier, who owns the double bungalow at 4931/4933 Jackson Sweet, told the
Council she has received some instructions from the Building In.~or regarding
her driveway and dry rot on her garage. She had misunderstood the timelines for
coming into compliance. The driveway must be done by 1997. These issues were
brought to the attention of staff based on a neighbor's complaint. It was
understood this building has not been used as rental property for some _time.
Mrs. Meier also stated problems she is experi~ing with neighborhood children
playing baH on her property and snow being placed on her yard by a neighbor. She
felt these issues should be addressed by ordinance.
Motion by Nawrocki, second by Jolly to refer these matters to the City Manager
and the Building Inspector for further review with Mrs. Meier. Roll call: AH ayes
A resident questioned some verbiage in Ordinance No. 1288.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. Continuation of Public lm_nrovement Hearing; Erosion Control on East Bank
of LaBelle Park
The City Manager recommended this public hearing be continued as staff is still
reviewing the matter. At a previous public hearing, thc City Attorney was
requested to research whether a 'Hold Harmless" agreement could be recorded
with the County and remain with the property. Thi.~ agreement would hold the City
harmless if danmges were incurred because of erosion problems. The City is
proposing a project to stop the erosion on the east bank of LaBeHe Park. The
homeowners on Circle Terrace who would be assessed for this project feel there
is no problem and there will never be any.
The City Manager stated there is no case law in Minnesota which specifically deals
with Hold Harmless a~eements. He is drafting a document which would address
each property and would be an agreement between the City and the property
OWnCF.
Motion by Nawrocki, second by Jolly to continue the Public Improvement Hearing
for the LaBeHe East Bank Erosion Control Project to May 23, 1994 at 7:00 p.m.
in the City Council Chambers. Roll call= AH ayes
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 4
First Reading - Ordinance No. 1289_. Conduct on Licensed Premises
Motion by Peterson, second by Ruettimann to waive the reading of the ordinance
there being ample copies available for the public. Roll call.' AH ayes
ORDINANCE NO. 1289
BEING AN ORDINANCE AMENDING CONDUCT ON LICENSED PREMISES
Thc City of Columbia Heights does ordain:
Section 5A.409 and ~ection 5A.410 of the City Code of 1977, as ~mcnded, passed
June 21, 1977, which is currently reserved, shaH hereafter read as follows, to wit:
Section 9: License Fees
5A.409(1) License fees, inspections fees, and reinspection fees shall be
established by Council resolution.
Section 10: Conduct on Licensed Premises
5A.410(1) It shaH be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined to be
disorderly, in violation of any of the following statutes or ordinances:
(a) MN Statute 609.75 through 609.76, which prohibit gambling;
(b) MN Statute 609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(c) MN Statute 152.01 through 152.025, and Statute 152.027, subdivisions I and
2, which prohibit the unlawful sale or possession of controlled substances;
(d) MN Statute 340A.401, which prohibits the unlawful sale of alcoholic
beverages.
(e) MN Statute 609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attenpting to invite
others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g) MN Statutes 97B.021, 97B.609.66 through 609.67 and 624.712 through
624.716, nnd section 10.307 of t_hi.~ code, which prohibits the unlawful possession,
transportation, sale or use of a weapon; or
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 5
(h) MN Statute 609.72, which prohibits disorderly conduct.
(i) Mn Statute 609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Statute 518B.01.
(j) Violation of laws relating to contributing to need for protection or services or
delinquency of a minor as defined in MN Statute 260.315.
(k) Section 8.201 et al. of this ordinance which relates to animal noises and public
nuisances.
5A.410(2) The Police Chief (Department) shaH be responsible for enforcement and
administration of this section.
5A.410(3) Upon determination by the Police Chief (Deparanen0 that a licensed
premiss was used in a disorderly manner, as described in Section (1), the Police
Chief (Department) shaH notify the licensee by mail of the violation and direct the
licensee to take steps to prevent further violations.
5A.410(4) If another instance of disorderly use of the licensed premises occurs
within twelve (12) months of an incident for which a notice in subsection (3) was
given, the PoUce Chief (Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of the
actions taken, and proposed to be taken, by the licensee to prevent further
disorderly use of the premises. This written report shall be submitted to the Police
Chief (Department) within five (5) days of receipt of the notice of disorderly use
of the premises within the preceding twelve (12) months. If the licensee fails to
comply with the requirement of this subsection, the rental dwelling license for the
premises may be denied, revoked, suspended, or not renewed. An action to deny,
revoke, suspend, or not renew a license under this section shall be initiated by the
City Council at the request of the Police Chief (Department) in the manner
described in Section 5A.408(1) through 5A.408(4).
5A.410(5) If another in~ance of disorderly use of the licensed premises occurs
within twelve (12) months after any two (2) previous instances of disorderly use
for which notices were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a license under this
section shaH be initiated by thc City Council at the request of the Police Chief
(Department) in the manner described in Sections 5A.408(1) through 5A.408(4).
5A.410(6) No adverse license action shaH be imposed where the
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 6
instance of disorderly use of licensed premi.~s occurred during the pendency of
eviction proceedings (unlawful detainer) or within thirty (30) days of notice given
by the licensee to a tenant to vacate the premises, where the disorderly nsc was
related to conduct by the tenant or by other occllpants or guests of the tenant's
unit. Eviction proceedings shaH not be a bar to adverse license action, however,
unless they are diligently pursued by the licensee. Further, an action to deny,
revoke, suspend, or not renew a license based upon violations of this section may
be postponed or discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly use.
5A410(7) A determination that the licensed premises has been used in a disorderly
manner as described in subsection (1) .~hnll be made upon substantial evidence to
support such a determination. It shaH not be necessary that criminal charges be
brought to support a determination of disorderly use, not shaH the fact of disminsal
or acquittal of criminal charges operate as a bar to adverse license action under
this section.
This ordinance shaH be in full force and effect from and after thirty (30) days after
its passage.
First Reading:
May 9, 1994
Motion by Pcterson, second by Ruettimann to schedule thc second reading of
Ordinance No. 1289 for May 23, 1994 at 7:00 p.m. Roll call: AH ayes
c. Second Readine Ordinance No. 1286. on Pool Hall/Billiard HaHs
Rceulation Amendment to Licensine -
The City Manager reviewed the ordinance and stated that the amendment is focused
on license issues and revocation procedures. Some recommendations were made
regarding the wording of the a~mendment and the number of verifiable complaints.
The City Manager read the proposed amendment.
Motion by Peterson, second by Jolly to waive the reading of the ordinance there
being ample copies available for the public. Roll call: AH ayes
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE ?
ORDINANCE NO. 1286
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977,PERTAINING TO POOL HALL LICENSE REQUIREMENTS
The City of Columbia Heights does ordain:
Chapter 5, Article IV, Section 2 (5.402), of Ordinance No. 853, City Code of
1977, which currently reads as follows, to wit:
POOL HALLS
SECTION 2
5.402(1) No person shaH operate or maintain a pool haH or pool table on any
premi.~.s used for a business or commercial activity without a license issued
pursuant to the provisions of this chapter.
5.402(2) A license application for operation of pool tables on the same premises
as any other licensed business or proposed commercial activity shaH contain a
statement indicating:
(a) the nature of other licensed or proposed business or commercial activity,
The name of the licensee or license applicant for such a business,
(c) Whether the licensee or operator of the pool haH or pool tables would have
operational control over both business activities,
(d) Whether the operation of pool tables would be an incident of aid other
licensed business, or would be an independent separate business sharing the same
premises.
5.402(3) Applications shaH contain a statement of the number of pool tables to be
utilized, and whether the tables are coin operated.
5.402(4) Applications shaH be referred to the Chief of the Fire Prevention Bureau
and the Building ln._~tor for an in.N)ection of the premises and a report indicting
whether the premises are in compliance with aH applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 8
5.402(5) Applications under this section shall include a statement whether the
applicant has ever been convicted for violation of any law relating to gambling
activities. Such a conviction may be grounds for denial of said license application.
5.402(6) No pool hah licensed under this section shaH be located within three
hundred feet (300') of any school building or church.
is herewith amended to read,
5.402(1) No person shall opernte or maintain a pool haH or pool table on any
premises used for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b) is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.402(2) For the purpose of this section, the terms "pool hall" and "billiards hall'
shall mcan any building, structure or tract of land which has at least one use or
activity providing any of the following or any combination of any of the following
amusements:
(a) billiards/pool (not coin operated)
(b) snooker (not coin operated )
(c) bumper pool (not coin operated)
(d) table tennis (not coin operated)
(e) less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3) A license application for operation of pool tables on the same premises
as any other licensed business or proposed commercial activity shah contain a
statement indicating:
(a) thc nature of other licensed or proposed business or commercial activity;
(b) the name and date of birth of the licensee or license applicant for such a
business;
(c) whether the licensee or opera~ of the pool haH or pool tables would have
operational control over both business activities;
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 9
(d) whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4) Applications shaH contain a statement of the number of gaming tables to
be utilized, and whether the tables are coin operated, and if arcade games are to
be utilized, the number of said games.
5.402(5) Applications shaH be referred to the Chief of the Fire Prevention Bureau
and the Building ln.~x~'tor for an inspection of the premises and a report indicating
whether the premises are in compliance with aH applicable ordinances and
regulations, nnless the same premi.~es have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
5.402(6) Applications under this section shah include a statement whether the
applicant has ever been convicted for violation of any law relating to gambling
activities. Such a conviction my be grounds for denial of said license application.
5.402(7) No pool haH licensed under this section:
(i) Shah be located:
(a) within three hundred (300) feet of any school building or church, or,
Co) if no alcohol is served at the pool haH or billiards hall, within two
hundred (200) feet of any school building or church;
Any pool haH or billiards hah operating pursuant to 5.402(7)(i)Co) shaH
prohibit any person not at least 18 years of age from entering the
establi.~hment as a patron unless accompanied by a parent or legal guardian.
5.402(8) For any person operating a pool haH or billiards haH pursuant to this
section 5.402, a conditional use permit shaH be required and issued pursuant to and
in accordance with the provisions of Chapter 9.105(5).
5.402(9) The license my be revoked or suspan~ in accordance with this chapter
whenever the licensee, its owner, manager, or any of its employees or agents have
engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection with the securing
of a license;
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 10
Conduct inimical to the interests of public health, safety and welfare;
(c) Conduct involving moral turpitude;
(d) Conviction of an offense involving moral turpitude by any court of
competent jurisdiction;
(e) Failure to comply with any of the provisions of this section or engaging
in conduct which would be grounds for denial of any initial application for
licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e)
above, it shah be grounds for revocation of the license if the Police Department
for the City receives three or more verifiable complaints of actions within the
owner's control within three month's time of any of the following activities
occurring within, upon or around the premi.~es operating the licensed pool haan:
fencing of stolen goods, possession and/or distribution of controlled substances,
public intoxification, disorderly conduct or assault.
First reading:
Second reading:
Date of Passage:
April 26, 1994
May 9, 1994
May 9, 1994
Offered by: Peterson
Seconded by: Jolly
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-.Anne Student, Council Secre~
d. First R_~ding of Ordinance No. 1288 - Removin_~ Pool Hall/Billiard Halls
from the AHowed Use Section of the ?~nin~ Code
Counci!member Nawrocki suggested clarifying langnage be put into the ordinance
regarding drugs as had been recommended by a resident.
Motion by Peterson, second by Jolly to waive the reading of the ordinance there
being ample copies available for the public. Roll call: AH ayes
ORDINANCE NO. 1288
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 11
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO THE REPEAL OF POOL HALLS AS A PERMITTED
PRINCIPAL USE W]rTHIN THE 'CBD" BUSINESS DISTRICT
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 12 (9.112), of Ofdinnnco No. 853, City Code of
1977, which currently reads as follows, to wit:
9.112(1) permitted Principal Uses'
Businesses providing the following sales and/or services:
(a)
Co)
(c)
(d)
(¢)
(0
({)
(h)
O)
O)
Cz)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(0
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
Antiques
Appliances
Art and school supplies
Bakery goods
Barber shops
Beauty parlors
Books and office supplies
Bowling alleys
Broadcasting studio
Business school
Bus and tran.qportation center
Candy, icc cream, popcorn, nuts, frozen desserts and soft drinks
but not where a drive-in service is provided
Camera and photographic sales and repairs
Carpets and rugs
Tennis, racquetball, handball, table tennis and boxing clubs along with
clubs defined by Minnesota Statute 340.07, subd. 15
Coins and stamps
Costume and formal wear rental
Department stores
Drugs
Dry cleaning and laundry pick-up locations
including incidental pressing and repair
Dry cleaning and laundry self-service facility
Employment agency
Florist shop
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 12
(bb)
(cc)
(dd)
(ee)
(fO
(zg)
Cnh)
(u)
(J J)
0d0
Floor covering
Frozen foods, not including a locker plant
Furniture, including upholstery, when conducted as a secondary use
Fur products and the processsing of furs when
directly related to retail sales from the site
Gifts and novelties
Glass, china and pottery
Grocery, fruits and vegetables
Hardware
Hobby crafts including hnndicraft classes
Hotel
(mm) Interior decorating studio
(nn) Jewelry, time pieces and repairs
(oo) Leather goods and luggage
(pp) Library, both private and public
(qq) Liquor store (off-sale)
(rr) Meat market, but not including processing for a locker plant
(ss) Musical instruments and repairs
(tt) Newsstands
(uu) Offices-business and professional
(w) Offices-governmental
(ww) Paint, wallpaper and related materials
(xx) Pet shop, provided the operation shaH not include the boarding of pets for
a fee, the mainlining of pens outside of the building or the operating so as
to cause an offensive odor or noise
(yy) Photographic studio
(zz) Pipe and tobacco shop
(aaa) Post office or telegraph sub-station
(bbb) Printing shops which occupy not more than three thousand (3,000) square
feet of gross floor area
(ccc) Pool halls
(ddd) Records, television, radio, hi-fi and recording equipment
(eee) Savings and loan offices
(iff) Sewing machine, related equipment and sewing classes
(ggg) Shoes and shoe repair
(~hh) SpOt?rig goods
(iii) Statio~ supplies
(j~j) Tailor shop
(kldO Theater, not a drive-in variety
(Ill) Television studio
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 13
(mmm) Toys
(nnn) Transportation center
(ooo) Travel bureau
(ppp) Variety store
shaH hereafter be amended to read as follows, to wit:
9.112.(1) Permitted Principal Uses
Businesses providing the following sales and/or services:
(a)
Co)
(c)
(d)
(e)
(0
(g)
(h)
(i)
0)
00
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(z)
(aa)
Antiques
Appliance sales and service
Art and school supplies
Bakery goods
Banks
Beauty parlors
Books and office supplies
Bowling alleys
Broadcasting studio
Business school
Bus and transportation center
Candy, ice cream, popcorn, nuts, frozen desserts and soft dl'ink.q but not
where a drive-in service is provided
Camera and ph~ographic sales and repair
Carpets and rugs
Tennis, racquetball, handball, table tenni.q and boxing clubs along with
clubs defined by Minnesota Statut~ 340.07, subd. 15
Coins and stamps
Costume and formal wear rental
Delicatessen
Drug
Dry cleaning and laundry pick-up locations including incidental pressing
and repair
Dry cleaning and laundry self-service laundry
Employment agency
Floor covering
Frozen foods, not including a locker plant
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 14
(bb)
(cc)
(dd)
(fO
(hh)
(ii)
(kk)
(H)
Furniture, including upholstery, when conducted as a secondary use.
Fur products and the processing of furs when directly related to retail sales
from the site
Gifts or novelties
Glass, china and pottery
Grocery, fruit and vegetables
Hardware
Hobby crafts including hnndigl~ft c1~$
Hotel
Interior decorating studio
Jewelry, time pieces and repairs
Leather goods and luggage
(ccc) Shoes and shoe repair
(ddd) Sporing Zoods
(eee) Stationary supplies
(fff) Tailor shop
(ggg) Theater, not a drive-in variety
(hhh) Television studio
(iii) Toys
(jjj) Transportation center
0ckk) Travel bureau
(111) Variety store
(mm) Library, both public and private
(nn) Liquor store (off-sale)
(oo) Meat markte, but not including processing for a locker plant
(pp) Musical instruments and repairs
(qq) Newsstands
(rr) Offices-business and professional
(ss) Offices-governmental
(tt) Paint, wallpaper and related materials
(uu) Pet shop, provided the operation shaH not include the boarding of pets for
a fee, the maintaining of pens outside of the building or the operating so as
to cause an offensive odor or noise
(w) Photographic studio
(ww) Pipe and tobacco shop
(xx) Post office or telegraph sub-station
(yy) Printing shops which occupy not more than three thousand (3,000) square
feet of gross floor area
(zz) Records, television, radio, hi-fi and recording equipment
(aaa) Savings and loan offices
(bbb) Sewing machine, related equipment and sewing classes
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 15
First Reading: May 9, 1994
Motion by Peterson, second by Jolly to schedule the second reading of Ordinance
No. 1288 for May 23, 1994. Roll call: AH ayes
e, Second Reading of Ordinance No. 1287 on AHowing Pool/Billiard Halls in
~ Central Business District by Conditional Use
Motion by Peterson, second by Ruettimann to waive the reading of the ordinance
there being ~mple copies available for the public. Roll call: AH ayes
ORDINANCE NO. 1287
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO ZONING AMENDMENTS
The City of Columbia Heights does ordain:
Section 9.112(2) of Ordinance No. 853, City Code of 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
following uses except by conditional use permit.
(a)
(c)
Accessory structures
Dwelling units provided:
(i) Thc units do not occupy the first floor.
(ii) That a roof intended for usable space shaH 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
application and approved by the City Engineer.
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 16
(d)
(e)
(0
(g)
(i)
O)
(1)
(m)
(ii) The assembly, repair, or manufacture of goods shaH not occur within
nn open sales lot.
(iii) If the operation of the open sales lot be self-operated or automntaxl 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
they shaH be permitted inside of a building, when located outside of
building they shaH be considered as a building and conform to aH 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 machines.
Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only
serve customers seated at tables, counters and booths.
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 Section 5.612.
Day care centers
Prepared food delivery establishments
ShaH hereafter be amended to read as follows, to wit:
9.112(2) Conditional Uses
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 17
Within any "CBD" Bnsiness District, no structure or land shaH be used for the
following uses except by conditional usc permit.
(a)
(b)
(c)
(d)
(e)
(0
Accessory structures
Dwelling units provided:
(O
(fi)
The units do not occupy the first floor.
That a roof intended for usable space shah be enclosed by a wall or
fence not less than five (5) feet in height.
(i)
The lot is surfaced and graded according to a plan submitted by the
applicant and approved by the City Engineer.
The assembly, repair, or manufacture of goods shaH not occnr 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 shaH 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
IIS~.
Off street parking lots subject to Section 9.116(2)
Parking ramps
Public utility structures
Vending mchines (coin operated) whether they be for service or product
shaH be permitted inside of a building; when located outside of building
they shaH be considered as a building and conform to aH 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 machines.
Open sales lots provided that:
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 18
(h)
(i)
O)
(k)
(1)
(m)
(n)
First reading:
Second reading:
Roll call:
Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only
serve customers seated at tables, counters or booths.
Tennis, racquetball, hnndbail, table tennis and boxing clubs that provide
facilities such as auditoriums or bleacher areas for viewing such that
exhibitions are possible.
Massage therapist businesses licensed pursuant to Section 5.612.
Day care centers
Prepared food delivery establishments
Pool/billiard hahs
April 26, 1994
May 9, 1994
AH ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
f. Resolution No. 94-30 Hold Harmless Resolution Re~_uired by State Aid
Ope_rations Pro_iect ~)006
Motion by Nawrocki, second by Peterson to waive the reading of the resolution
there being ample copies available for the public. Roll call.' AH ayes
RESOLUTION NO. 94-30
BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA
FROM CERTAIN CLAIMS ARISING ON THE VARIANCE FOR TRUCK
HIGHWAY NO.47 FROM 37TH AVENUE N.E. TO 53RD AVENUE N.E.
BE IT RESOLVED by the City Council of the City of Columbia Heights:
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 19
That the City shaH indemnify, save, and hold harmless thc State of Minnesota and
its agents and employees of and from any and aH claim.% demands, actions, or
causes of action arising out of or by reason of the reconstruction of Trunk
Highway No. 47 (University Avenue Northeast) at 37th, 44th and 53rd Avenues
Northeast in any other manner than in accordance with Minnesota Rules 8820.2800
and further agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character nrising
as a result of the granting of this variance.
Dated this 9th day of May, 1994.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
ATTEST:
I hereby certify that the foregoing resolution is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Columbia
Heights, at a duly authorized meeting thereof held on the 9th day of May, 1994,
as shown by the minutes of said meeting in my possession.
Jo-Anne Student
Deputy City Clerk
(~OMMUNICATIONS
a. ]Reo_uest for Curb Cut on the North Side of Lot at 4305 Second SU'eet
Motion by Peterson, second by Ruettimann to approve the second curb cut at 4305
Second Street based on the recommendation of the Traffic Commission. Roll call:
AH ayes
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 20
b. R~_ lace 20 MPH 5i_~n with a 15 MPH Si_tn on Circle Terrace Boulevard
Councilmember Nawrocki stated his opposition to this as there would be two
different speeds on the same street.
Motion by Peterson, second by Jolly to replace the 20 MPH sign with a 15 MPH
sign for southbound traffic based on the recommendation of the Traffic
Commission. Roll call: Jolly, Ruettimann, Peterson, Sturdevant- aye Nawrocki -
nay
c. Conditional Use Permit - 4040 Central Avenue
Motion by Ruettimann, second by Peterson to approve the conditinal use permit
for food/non-alcoholic beverage sales at 4040 Central Avenue. Roll call.' AH ayes
d. (~onditional Use Permit/Si_nn Ordinance Variance - 4400 Central Avenue -
Motion by Ruettimann, second by Pcterson to approve thc conditional use permit
to allow the operation of a one-hour photo processing facility at ~.~.00 Central
Avenue. Roll call: AH ayes
Motion by Ruettimann, second by Jolly to deny the variance on the wall signage
at 4040 Central Avenue as it would set a precedent.
The representative for Proex, Jerry Mazzara, advised the Council he has redefined
the request so only a ten foot variance would be needed. He explained his second
proposal. Councilmember Jolly inquired if this new proposal had been presented
to the Planning and Zoning Commission. Mr. Mazzara responded it had not.
Motion to deny was withdrawn.
Motion by Peterson, second by Ruettimann to approve a ten foot variance on the
two wall signs based on the hardship of the distance from Central Avenue and from
the sidewalk.
Councilmember Nawrocki felt the pylon sign negates hardship as being a reason
for granting the variance. Mr. Mazzara advised that the pylon sign is going to be
reduced twelve feet in height. Councilmember Nawrocki felt the area already looks
like a "billboard jungle.' Roll call: Ruettimann, Peterson, Sturdevant - aye Jolly,
Nawrocki - nay
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 21
s~t Closin_~ Reo_uest - City_ Picnic
Motion by Nawrocki, second by Peterson to authorize staff to close Jefferson
Street Satnrday, May 21, 1994 from 9:00 a.m. to 5:00 p.m. Roll call: AH ayes
f. Local Government Aid
Councilmember Nawrocki advised that the tax bill did away with the LGA Fund
but not with local government aids. There will be no dedicated money. The City
WIll receive what was expected.
g. Landfill Le_nislation
Councilmember Nawrocki advised that a bill has passed the Legislature for the
State to take over the issue of landfill closings.
OLD BUSINESS
There was no old business.
NEW BUSINESS
a. ~.uthorization to Seek Bids for 1250 GPM Class A Fire Pumper
Motion by Jolly, second by Nawrocki to authorize staff to seek bids for the 1995
Ford 9000 Series 1250 or approved equal GPM Class A fire pumper. Roll call: AH
ayes
Councilmember Nawrocki requested this be an item for discussion at a Council
work session.
be
Purchn~ of C _o!~_ Machine - Police Department
Motion by Ruettimnnn, second by Peterson to authorize the purchase of one Sharp
Model $F-7900 copier machine at the cost of $3,725.00 based upon low, infol'mal
bid by Twin City Photocopy Company of Minneapolis, tile trade in of the Canon
NP-125 copier presently in the investigations office, and that the Mayor and City
Manager are authorized to sign a contract for the same. Roll call: AH ayes
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 22
Co
Authorization to Seek Bids - Overlay and 44th Avenue
Councilmember Nawrocki is not supportive of the proposed project. He feels
sealcoating would be more than adequate.
Motion by Peterson, second by Jolly to authorize staff to seek bids for M.S.A.S.
overlay - Projects 9320, 9321 and 9322 and the unfinished section of 44th Avenue.
Roll call: Jolly, Ruettimann, Peterson, Sturdevant- aye Nawrocki - nny
d. Final Pa_vment - Pro_leer/9403
Motion by Ruettimann, second by Peterson to accept the work for storm sewer
catch basin/manhole replacement Project/9403 and to authorize final payment
from Fund 602-49450-4000 to S. W. Lee Construction of Eden Prairie, Minnesota,
in an mount of $5,400.00. Roll call-' AH ayes
e. Award of Sealcoating Bid Project/9401
Motion by Ruettimann, second by Peterson to award Project ~101 - 1994
sealcoating Area H (Southwest Quadran0 to Bitnminous Roadways, Inc. based on '
their low, responsible bid of $128,981.59 with funds to be appropriated from Fund
#415, Assessable PIP, Fund and Fund /212 State Aid Maintenance; and
furthermore, to authorize the Mayor and City Manager to enter into an agreement
for the same. Roll call: All ayes
f. Other New Business
Councilmember Ruettimnnn inquired as to any plans regarding a new police
officer. He noted this was to have begun in January of this year and he is
disappointed there has been no action taken yet. He also noted no reports on this
matter have been received.
Connciimember Ruettimann felt there appears to be a stalemte in the Sheffield
area. He sees a need to become active.
The City Manager advised that both of these issues, the new police officer and
Sheffield area are scheduled to be addressed at the next Council work session so
they can be on the agenda for the May 23rd Council Meeting.
Councilmember Nawrocki stated a police officer was not budgeted for.
Councilmember Ruettimann recalled this was done separately.
REGULAR COUNCIL MEETING
MAY 9, 1994
PAGE 23
10.
Councilmember Nawrocki stated there is a question whether another police officer
is needed. Captain Olson is preparing some data which addresses this need.
Councilmember Nawrocki noted that the federal crime bill does not have any
funding earmarked for states and that Minnesota has received nothing so far.
The City Manager advised that there are three cycles to this grant program and the
third cycle is coming.
Councilmember Nawrocki inquired if there will be another public hearing on the
Sheffield Area Project. The City Manager responded there would, but it would be
focused on funding only.
a. Report of the City. Manager
The City Manager's report was submitted in written form and the following item
was discussed:
SRA Pro_~sed Budget and Annual Financial R _eport: There will be a $100 increase
for 1995.
b. Report of the City. Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Pcterson, second by Ruettimnnn to adjourn the Council Meeting at
10:10 p.m. Roll call: AH ayes
/~//Mayor ~seph'~turdevant
Anne s~dent, C~'~-~il Secretary