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HomeMy WebLinkAboutJuly 24, 1995OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 24, 1995 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for Approva~ The Council approved the minutes of the July 10, 1995 Regular Council Meeting as presented. Conditional Use Permit - Columbia Heights Assembly of God Church. 4054 Van Buren Street Northeast The Council approved the conditional use permit to allow the construction of a 12' x 20' utility building at 4054 Van Buren Street Northeast as it is in compliance with the Zoning Ordinance· Conditional Use Permit - Sung Jang. 4920 Central Avenu- Northeast The Council approved the conditional use permit to operate a Korean restaurant at 4920 Central Avenue Northeast contingent upon removal of the freestanding sign and upon submittal of architectural interior floor plans showing the number of and placement of seating before any permits are issued. Conditional Use Permit - Patti & John Lvte. Jr.. 5015 Fourth Street Northeast The Council approved the conditional use permit to allow the construction of a 10'x 12' utility building with a 4' x 12' roofed porch in the rear of 5015 Fourth Street Northeast as it is in compliance with the Zoning Ordinance. Plat ADDroval - Hillcrest Development. 550 39th Avenue Northeast The Council approved the plat for 550 39th Avenue Northeast to be recorded as a registered land survey with Anoka County. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 2 Block Party Request - Ruth Graham. 625 47th Avenue Northeast for August 1. 1992 The Council approved the request of Ruth Graham of 625 47th Avenue to barricade the cul-de-sac only at the end of 47th Avenue, west from Monroe Street to the top of the hill for an annual block party/crime watch meeting from 6:00 p.m. to 9:00 p.m. on August 1, 1995 (National Night Out). Block Party Request - Bruce Magnuson. 5010 Pennine Pass. for August 12. 1995 The Council approved the request of Bruce Magnuson, 5010 Pennine Pass, to block off Chalet Drive between Stinson Boulevard and Pennine Pass for an annual block party from 1:00 p.m. to 7:00 p.m. on August 12, 1995. Work Session Scheduled Dates The Council approved the following work session dates; July 31, 1995 at 7:00 p.m., August 7, 1995 at 8:00 p.m. and August 21, 1995 at 7:00 p.m. Block Party Request - Laurie Rithmiller. 5159 University Avenue Northeast for August 1. ~995 The Council approved the request of Laurie Rithmiller, 5159 University Avenue Northeast, to block off 52nd Avenue between Fourth Street and Fifth Street for a block party from 6:30 p.m. to 9:00 p.m. on August 1, 1995 (National Night Out). Block Party Request - Lois Wielinski. 4047 Sixth Street Northeast The Council approved the request of Lois Wielinski, 4047 Sixth Street, to barricade Sixth Street from 40th to 41st Avenues from 7:00 p.m. to Midnight on September 9, 1995 for the purpose of conducting their second annual Neighbor Awareness block party. Authorize APWA Conference Attendance by Public Work~ Superintendent The Council authorized the Public Works Superintendent to attend the APWA 1995 International Public Works Congress and Exposition, September 23-28, 1995 in Dallas, Texas, and authorized all related expenses be reimbursed from funds budgeted in 601-49430-3105, 602-49450-3105, 601-49430-3320 and 602-49450-3320. Authorized Final Payment for Building Accessibility Improvements The Council authorized acceptance of the work for building accessibility improvements, Municipal Projects $9424, $9212, $9218, and #9219 and authorized final payment of $3,125.94 to PMI Construction Company of New Brighton, Mn. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 3 Authorization to Seek Bids to Line Sanitary Sewer The Council authorized staff to seek bids to line the sanitary sewer pipe on Reservoir Boulevard between 37th Avenue and 39th Avenue. Audit Engagement Letter The Council authorized the Mayor and City Manager to enter into a contract with Tautges, Redpath and Company, Ltd. to complete the City's audit for the years 1995 and 1996 as outlined in their letter dated June 26, 1995. Authorization to Attend Fleet Maintenance Advanced Training The Council authorized the attendance of Tom Hosch and Barbara Sandberg at the Fleet Maintenance Users Conference and Training October 2-6, 1995 by DP Solutions, Inc. in St. Petersburg Beach, Florida and that all related expenses be reimbursed from Funds 701-49950-3105 and 701-49950-3320. License ApDlications 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. e ~PPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes Authorization to Seek Bids for the Purchase of Emergency Lights and Exit Signs for J.P. Murzyn Hall This item was removed from the Consent Agenda for further discussion. Councilmember Ruettimann inquired if exit signs were being added. The City Manager responded this was not the case and that the current signs were not hard wired but operated on batteries. The chargers for the batteries were hard wired but have proven difficult to maintain. Motion by Ruettimann, second by Peterson to authorize staff to seek bids for the purchase of emergency lights and exit signs for John P. Murzyn Hall. Roll call: Ail ayes REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 4 5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS a. Proclamation - National Night Out The Mayor presented the proclamation designating August 1, 1995 as National Night Out in Columbia Heights to Sergeant Bill Roddy. Sergeant Roddy thanked the Council for its continuing support of this event. This is the ninth year that residents of Columbia Heights observed this national event. b. Recoanition of Rich Gill The Mayor presented Rich Gill with a plaque in recognition of his retirement after twenty-five years of employment with the City of Columbia Heights. c. Recognition of Bob Field The Mayor presented a commemorative clock to Bob Field in recognition of his six years of service on the Charter Commission. A resident declared his candidacy for a Council seat in the upcoming municipal elections. A resident who lives in the area of Murzyn Hall voiced her concerns with the behavior of people attending functions at the Hall. She requested the Mayor to have police department personnel in the area when functions are over at the Hall. Some of the most disturbing behavior for this resident has taken place on her property and in the adjacent parking lot. e. ~ew Employees Kelly Fetzer and Clark Trytten, two newly-hired Public Works employees, were introduced. It was also noted that Mark Winson has returned to resume the duties of the Public Works Director/City Engineer. 6. PUBLIC HEARINGS/RESOLUTIONS/ORINANCES REGULAR couNCIL MEETING JULY 24, 1995 PAGE 5 a. p~blic Hearing/Second Reading of Ordinance No. 1303 Being an Ordinance Authorizing the Sale of Property at 4612 Taylor Street Northeast Motion by Peterson, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1303 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4612 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto First Choice Homes the real property described as follows, to wit: Lot 12 and 13, Block 1, Sheffield's 2nd Subdivision, Anoka County, Minnesota. PIN 25-30-24-33-0008 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified. Section 3: 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: July 10, 1995 July 24, 1995 July 24, 1995 Offered by: Seconded by: Roll call: Peterson Petkoff All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Motion by Peterson, second by Petkoff to approve the sale and redevelopment agreement relating to 4612 Taylor Street Northeast between First Choice Homes, Inc. for the sale of 4612 Taylor Street Northeast and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 6 b. First Readina of Ordinance No. 1305 Beina an Ordinanc~ Amending Ordinance No. 853. City Code of 19~7. Vacating Certain Alley Easement Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1305 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: The alley running West-East, from Third Street to State Highway No. 47 and is adjacent to Lots 33, 34, 35, Block 70, Columbia Heights Annex to Minneapolis, on the south and a portion of Lot 10, Rearrangement of Block E Columbia Heights Annex to Minneapolis, Anoka County, Minnesota on the north. excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One half of the fourteen (14) feet vacated alley be added to the above described lots that are adjacent to said alley. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 24, 1995 Motion by Ruettimann, second by Peterson to establish August 14, 1995 at approximately 7':00 p.m. as the second reading of Ordinance No. 1305. Roll call: All ayes c. First Readina of Ordinance No. 1306 Being an OrdiDance Amending Parking Requirements in Section 9.116~4) of the Zoning Ordinance REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 7 Motion by Peterson, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1306 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.116(4) of Ordinance No. 853, City Code of 1977, which currently reads as follow, to wit: 9.116(4) Required Off-Street Parking (a) Calculating Spaces: When determining the number of off- street parking spaces required results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. (b) Garage or Carport: A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. (c) Single Family Dwellina: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) Rooming House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. (f) Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and I in all "B" Districts, one of which shall be a garage. (g) ~ At least one (1) parking space for each rental court provided in thedesign of the building. (h) ~otel: At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 8 (i) (J) (k) (l) (m) (n) (o) (p) School. Elementary and Junior High: At least one (1) parking space for each class room plus one (1) additional space for each 300 student capacity. School - High Schools. Vocational~ College and Other Post Secondary Schools: (1) High Schools: At least one (1) parking space for each seven (7) students based upon design capacity, plus one (1) additional space for every two classrooms. (2) Vocational Schools. Colleges and Other PDst Secondary ~F~Ig~L~At least one (1) parking space for every two and one-eighth (2 1/8) students based upon actual enrollment. Actual student enrollment for purposes of this section is the greatest number of students which the school has enrolled for attendance at any one time provided that all students accommodated at other times or in other shifts shall also be included for the purpose of determining actual student enrollment under this section if classes for a prior or subsequent time or shift begin or end within one and one-half (1 1/2) hours of the time when the greatest number is enrolled provided however that the number of parking spaces shall never be less than that stated in Section 9.116(4)(j)(11). Church Clubs: At least one (1) parking space for each three and one-half (3 1/2) seats based on the design capacity of the main assembly hall. Theater~ Ballfield. Stadium: At least one (1) parking space for each eight (8) seats of design capacity. ~ At least one and one-half (1 1/2) parking spaces for each patient bed. Sanitarium. Convalescent Home. Rest Home. Nursing Home Institution: At least one (1) parking space for each two (2) beds for which accommodations are offered. Medical or Dental Clinic or Veterinary Office: At least three (3) parking spaces for each staff doctor or dentist according to design capacity. Prepared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building except an area equal to four (4) square feet for each seat provided. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 9 (q) (r) (s) (t) (u) PreDated Food Delivery Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building except of the Prepared Food Delivery Establishment as such establishment is defined in Section 9.103(63). Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. Motor Fuel Stations; At least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Retail Store. Open Space Retail or Service ShoD: At least one (1) off-street parking space for each two hunderd (200) square feet of floor area (net). Restaurant. Cafe~ Bar. Tavern. Night Club: At least one (1) space for each three (3) seats based on capacity design where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off- street parking requirements for a structure existing on August 8, 1977 by not more than fifty percent (50%) of this ordinance when the owner of the lot petitions the City Council and the City Council finds at a hearing on such petition that: i) The proposed use designed at maximum capacity does not warrant the strict parking requirements of the section; and ii) The reduction is required off-street parking spaces will not cause an additional burden on other lots or on off-street parking spaces; and iii) The lot size is not large enough to allow the highest and best use of the property without such contractual parking permit; and iv) The use of the property does not include the sale of intoxicating liquors; and v) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Resolution of the Council in the absence of a Resolution setting such fee; the application fee shall be $300.00; and REGULAR CouNCIL MEETING JULY 24, 1995 PAGE 10 vi) The petitioner is the owner of good and marketable title to all of the property to which the contractual parking permit would apply. Ownership of the property shall be determined by the City Attorney based upon an abstract of title or registered property certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to the hearing on the petition. vii) If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met: 1) The owner or owners and all lienholders of record shall join in executing the contractual parking permit which document shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the rights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assigns, to any person, persons, businesses, corporations or to any other entity or entities. The document shall specify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the permit shall be void in the event the use of the property is changed or intensified regardless of the amount of off-street parking required for the changed or intensified use. Such document shall be in the form of a covenant running with the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not constitute non-conforming uses within the meaning of the Columbia Heights Zoning Code. 3) A contractual parking permit may be discharged by the owner of the property by written notice which shall be in a form recordable in the office of the Anoka County Recorder and which form shall be properly executed by the owner or owners and all lienholders of record and delivered to the City Clerk. 4) The contractual parking permit shall lapse upon the use of the property affected for the purposes of serving alcoholic beverages. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 11 (v) (w) (x) (y) 5) Upon the contractual parking permit becoming invalid, discharged, or lapsing hereunder, the property affected thereby shall be subject to the strict provisions of the City Code, excepting this Section 9.116(4)(t), and violations of such strict provisions shall subject persons violating the criminal sanctions therein contained. 6) The covenant referred to herein shall contain provisions allowing the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to allow the City to obtain such legal and equitable relief as a Court of competent jurisdiction may provide. The covenant shall further provide that the said owner or owners executing the contract shall pay all attorney's fees, court costs, and administrative fees incurred by the City in the enforcement of the covenant. ~anks~ Offices and]or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). Undertaking Establishments: One (1) parking space for each five (5) seats or thirty five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each two hundred fifty (250) square feet of floor area not used for seating. F~rniture Store. Appliance Store. Wholesale. Warehouse: At least one (1) parking space for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus one (1) parking space for each 1,000 square feet over 6,000 square feet. Open Sales Lots. Lumber Yards. Auto Sales: One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 square feet plus one (1).parking space for each six thousand (6,000) square feet thereafter. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 12 (z) Auto Repair. Boat and Marina Sales. Garden Store. Trade Service Shops; Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate. Dance Halls. Miniature Golf. Private Clubs. Ig- Arenas and Other Recreational Centers; Ten (10) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area (net). (bb) Manufacturing. Fabricating or Processing of a Product or ~Four (4) off-street parking spaces plus one (1) for each four hundred (400) square feet of floor area (gross). shall hereafer be amended to read as follows, to wit: 9.116(4) Required Off-Street Parking (a) Calculating Spaces: When determining the number of off- street parking spaces required results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. (b) Garage or Carpor%~ A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. (c) Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family Dwelling~ At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) Roomina House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. (f) Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District and 1 in all "B" Districts, one of which shall be a garage. (g) Hotel: At least one (1) parking space for each rental court provided in the design of the building. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 13 (h) (i) (J) (k) (1) (m) (n) (o) ~ At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. School. Elementary_ and Junior Hioh: At least two (2) parking spaces for each class room plus one (1) additional space for each 300 student capacity. High Schools. Vocational Schools. Post-Secondary Schools: Colleges and Other (i) High Schools: At least one (1) parking space for each seven (7) students based upon design capacity, plus one (1) additional space for every two classrooms. (ii) Vocational Schools. Colleges and Other Post- Secondary Schools: At least one (1) parking space for every two and one eighth (2 1/8) students based upon actual enrollment. Actual student enrollment for purposes of this section is the greatest number of students which the school has enrolled for attendance at any one time provided that all students accommodated at other times or in other shifts shall also be included for the purpose of determining actual student enrollment under this section if classes for a prior or subsequent time or shift begin or end within one and one-half (1 1/2) hours of the time when the greatest n-mher is enrolled provided however that the number of parking spaces shall never be less than that stated in Section 9.116(4)(j)(11). Church. Clubs: At least one (1) parking space for each three and one-half (3 1/2) seats based on the design capacity of the main assembly hall. Theater. Ballfield. Stadium: At least one (1) parking space for each eight (8) seats of design capacity. ~ At least one and one-half (1 1/2) parking spaces for each patient bed. ~anitarium. Convalescent Home. Rest Home. Nursing Home or Institution: At least one (1) parking space for each two (2) beds for which accommodations are offered. Medical or Dental Clinic or Veterinary Office: At least three (3) parking spaces for each staff doctor or dentist according to design capacity. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 14 (p) (q) (r) (s) (t) (u) Prepared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building except an area equal to four (4) square feet for each seat provided. Prepared Food Delivery Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building except of the Prepared Food Delivery Establishment as such establishment as defined in Section 9.103(63). Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as maybe required herein for related uses such as a restaurant. Motor Fuel Stations: At least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Retail Store. Ouen Space Retail or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). Restaurant. Cafe. Bar. Tavern. Night Club: At least one (1) space for each three (3) seats based on capacity design where there is no design layout, one (1) space for each thirty-five square feet of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off- street parking requirements for a structure existing on August 8, 1977 by not more than fifty-percent (50%) of this Ordinance when the owner of the lot petitions the City Council and the City Council finds at a hearing on such petition that: (i) The proposed use designed at maximum capacity does not warrant the strict parking requirements of the section; and (ii) The reduction in required off-street parking spaces will not cause an additional burden on other lots or on off-street parking spaces; and (iii) The lot size is not large enough to allow the highest and best use of the property without such contractual parking permit; and REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 15 (iv) The use of the property does not include the sale of intoxicating liquors; and (v) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Resolution of the Council; in the absence of a Resolution setting such fee, the application fee shall be $300.00; and (vi) The petitioner is the owner of good and marketable title to all the property to which the contractual parking permit would apply. Ownership of the property shall be determined by the City Attorney based upon an abstract certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to the hearing on the petition. (vii) If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met: 1) The owner or owners and all lienholders of record shall join in executing the contractual parking permit which document shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the rights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assigns, to any person, persons, businesses, corporations or to any other entity or entities. The document shall specify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the permit shall be void in the event the use of the property is changed or intensified regardless of the amount of off-street parking required for the changed or intensified use. Such document shall be in the form of a covenant running with the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not constitute non-conforming uses within the meaning of the Columbia Heights Zoning Code. 3) A contractual parking permit may be discharged by the owner of the property bywritten notice which shall be in a form recordable in the office of the Anoka County Recorder andwhich form shall beproperly executed bythe owner or owners and all lienholders of record and delivered to the City Clerk. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 16 (v) (w) (x) 4) The contractual parking permit shall lapse upon the use of the property affected for the purposes of serving alcoholic beverages. 5) Upon the contractual parking permit becoming invalid, discharged, or lapsing hereunder, the property affected thereby shall be subject to the strict provisions of the City Code, excepting this Section 9.116(4)(t), and violations of such strict provisions shall subject persons violating to the criminal sanctions therein contained. 6) The covenant referred to herein shall contain provisions allowing the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to allow the City to obtain such legal and equitable relief as a Court of competent jurisdiction may provide. The covenant shall further provide that the said owner or owners executing the contract shall pay all attorney's fees, court costs, and administrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and any contractual parking permit issued hereunder shall automatically expire twenty-five (25) years after the date of filing of the said covenant in the office of the County Recorder. Danks~ Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor space, plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). Undertaking Establishments: One (1) parking space for each five (5) seats or thirty five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each two hundred fifty (250) square feet of floor area not used for seating. F~rniture Store. Appliance Store. Wholesale. Warehouse: One (1) parking space for every 1.5 employees on major shift or one (1) per 2,000 square feet of floor area (gross), less 10% off total square feet to account for non-useable space, whichever is greater; plus one (1) space per company vehicle. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 17 (y) Open Sales Lots. Lumber Yards. Auto Sales: One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. (z) Auto Repair. Boat and Marina Sales. Garden Store. Trade Service Shops: Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate. Dance Halls. Miniature Golf. Private Clubs, Ice Arenas and Other Recreational Centers: Ten (10) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area (net). (bb) Manufacturing. Fabricatina or Processina of a Product or ~ One space for every 1.5 employees on major shift or one (1) per 600 square feet of floor area (gross), less 10% off total square feet to account for non-useable space, whichever is greater; plus one (1) space for each company vehicle (unless vehicle or vehicles are already accounted for in requirements). (cc) Office space in Industrial (I & I-2] zone areas: One (1) parking space per 300 square feet of floor area (gross). (dd) For industrial zone areas only (I, I-2) and for industrial purposes only, if the owner cannot meet the required parking requirements, the Planning and Zoning Commission may recommend, and the City Council may approve a "parking plan" for required parking spaces according to the applicants plan which will propose to initially install only a portion of the required parking spaces, but could demonstrate that the full amount of required parking could be installed on the property as determined by the City. Other requirements include: (1) Applicant must submit a site plan which will show sufficient land available to reinstate all required parking if use of the property changes, or if the City determines greater amount of parking is necessary. (2) Whenever industrial properties change ownership, the use and parking spaces provided maybe reviewed by City staff to determine if adequate parking is being provided or if more spaces need to be installed from the amount set aside. REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 18 (3) The applicants site plan must show that parking is provided for employees according to Section 9.116(4)(x)(bb). First Reading: July 24, 1995 Motion by Peterson, second by Petkoff to establish August 14, 1995 at approximately 7:00 p.m. for the second reading of Ordinance No. 1306. Roll call: All ayes d. Resolution No, 95-33 Being a Resolution Ordering ~n Improvement for Alley Construction This alley is located from 37th to 38thAvenues west of Quincy Street. It serves only three properties. The City Manager reviewed the proposal for the alley construction and its associated costs. The costs will be shared by the affected property owners and the City. Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-35 BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City of Columbia Heights on the 26th day of June, 1995 ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 24th day of July, 1995, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the location and extent of such improvements is as follows: REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 19 Alley construction, from 37th Avenue Northeast to 38th Avenue Northeast, West of Quincy Street. The proposed alley is 12 feet in width. Work would include new aggregate base, new bituminous alley surfacing, concrete curb and gutter with alley apron replacement, concrete sidewalk replacement, required concrete step replacement, resodding, and miscellaneous associated construction items. 2. That the materials to be used are as follows: Aggregate base, bituminous surfacing, concrete curb & gutter, concrete sidewalk and alley aprons, sod, and various related construction items. That a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvements, whichbedeemedbenefited thereby, were properly notified of said hearings, and That the City Manager shall also list the names and owners of the several parcels so improved as nearly as can be ascertained. Se That the City Manager shall proceed with the improvements, or portions of the improvements as stated herein. e These improvements shall also be known as P.I.R. $921 - Project #9515. Passed this 24th day of July, 1995 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e. Resolution No. 95-34 Beina a Resolution Reaarding CDBG Neighborhood Revitalization at 4656 Monroe Street Northeast REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 20 Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. RESOLUTION NO. 95-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4656 MONROE STREET NORTHEAST WHEREAS, the City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such single family pursuant to the Purchase Agreement by and between the City of Columbia Heights and James A. and Karen L. Fredrickson (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City Council hereby approves the terms of the Purchase Agreement between the City and James A. and Karen L. Fredrickson and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $33,000 which is established as the fair market value based on the market value established by the formal appraisal of the property by Watson Appraisal. 2. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. 3. The City Council approves payment of the purchase cost from the City CDBG Program funds. REGULAR COUNCIL MEETING JULY 24, 1994 PAGE 21 Passed this 24th day of July, 1995. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. Resolution No. 95-35 Being a Resolution Regarding CDBG Neighborhood Revitalization of 4550-52 Fillmore Street Northeast Motion by Petkoff, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4550-52 FILLMORE STREET NORTHEAST WHEREAS, the City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the PurchaseAgreementbyandbetween the City of Columbia Heights and LaJos J. and Edith L. Horvath (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Columbia Heights that: REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 22 The City Council hereby approves the terms of the Purchase Agreement (on 4550-52 Fillmore Street Northeast) between the City and LaJos J. and Edith L. Horvath and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $63,000 which is established as the fair market value based on the value established by the formal appraisal of the property by Watson Appraisal. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. The City Council approves the payment of the purchase cost from the City CDBG Program funds. Offered by: Seconded by: Roll call: Petkoff Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary g. Resolution No. 95-36 Being a Resolution Regard~Bg CDBG Neighborhood Revitalization of 4549-51 Taylor Street Motion by Ruettimann, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-3~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4549-51 TAYLOR STREET NORTHEAST WHEREAS, the City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 23 WHEREAS, the City has the option to acquire one such duplex residential pursuant tot he Purchase Agreementby and between the City of Columbia Heights and Gordon L. and Joan R. Bixler (the #Seller#) and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVEDbythe City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement (On 4549-51 Taylor Street Northeast) between the City and Gordon L. and Joan R. Bixler and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $63,900 which is established as the fair market value based on the amountbeing the price for the property offered for sale through Centennial Real Estate and the value being less than value established by the formal appraisal of the property byWatson Appraisal. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction comtemplated in the Purchase Agreements. The City Council approves payment of the purchase cost from the City CDBG Program funds. Passed this 24th day of July, 1995. Offered by: Seconded by: Roll call: Ruettimann Petkoff All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary h. Resolution No. 95-37 Regarding a Labor Aareement Between the City of Columbia Heights and the International Association of Firefighters. Effective January 1. 1995 - December 31. 1996 Motion by Ruettimann, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 24 RESOLUTION NO. 95-37 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing firefighters of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1995 and 1996; WHEREAS, a copy of said contract is 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 contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1995 and 1996 for IAFF bargaining unit employees of the City. AND BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 24th day of July, 1995. Offered by: Seconded by: Roll call: Ruettimann Petkoff Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary i. Resolution No. 95-38 Regarding Labor Aareement Between ~he City of Columbia Heights and Teamsters. Local 320-Police Seraeants. Effective January 1. 1995 - December 31. 1996. Motion byPeterson, second byRuettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes .RESOLUTION NO. 95-38 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 25 WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Sergeants of the City and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1995 and 1996. WHEREAS, a copy of said contract is 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 contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1995 and 1996 for Teamsters, Local 320 - Police Sergeants, bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 24th day of July, 1995. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary j. R~solution No. 95-39 Regarding Labor Agreement Between the City of Columbia Heights and the Teamsters. Local 320. P~li~ 0ffic~rs. Effective January 1. 1995 to December 31. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-39 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Officers of the City and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1995 and 1996; REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 26 WHEREAS, a copy of said contract is 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 contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1995 and 1996 for Teamsters, Local 320, Police Officers bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 24th day of July, 1995 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to execute the necessary documents with Standard Insurance of Portland for long term disability insurance for the police officers. Roll call: All ayes Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to execute the necessary documents with Denticare for dental coverage for the police officers. Roll call: All ayes k. Resolution No. 95-40 Designating Fund Balance in ~he ~eneral Fund and the Library Fund fQr Working Capit~l Motion by Ruettimann, second by Peterson to table consideration of this matter until the July 31st Council work session. Roll call: All ayes 1. Resolution No. 95-41 Being a Resolution Transferring FUnd ~lance from the General Fund to the Fast COPS Fund The Fast COPS grant is for a period of three years. Concern for the fourth year funding was expressed. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 27 RESOLUTION NO. 95-41 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, TRANSFERRING FUND BALANCE FROM THE GENERAL FUND TO THE FAST COPS FUND WHEREAS, the City of Columbia Heights applied for a federal Fast COPS grant to provide additional police services; and WHEREAS, the federal Fast COPS grant was approved and awarded to the City of Columbia Heights; and WHEREAS, the City Council desires to fund the three year City portion of this grant from fund balance from the General Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that the City will transfer $76,363 in fund balance from the General Fund to the Fast COPS Fund. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary m. Resolution No. 95-42 Being a Resolution Approving City Council Bylaws of Procedures and Decorum The City Manager reviewed the Bylaws. One resident did not understand the wisdom of not cablecasting the meeting until after the Open Mike portion. Motion by Peterson, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 95-42 BEING A RESOLUTION ADOPTING CITY OF COLUMBIA HEIGHTS BYLAWS OF PROCEDURES AND DECORUM WHEREAS: The purpose of the attached Bylaws of Procedures and Decorum is to assure an accurate, timely and consistent method of developing and maintaining the various actions related to meetings of the City Council; and REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 28 Bylaws also assure retrieval of documents and data previously considered and notification of affected individuals and businesses; and WHEREAS: The City Charter, City Ordinances Statutes governing the City Council supplemented by these Bylaws; and and State shall be WHEREAS: In all matters of Parliamentary Procedure, the Council shall be governed by the latest printed edition of Robert's Rules of Order, except as addressed by these Bylaws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights hereby authorizes the adoption of the attached Bylaws of Procedures and Decorum. Passed this 24th day of July, 1995. Offered by: Seconded by: Roll call: Peterson Petkoff Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary n. Resolution No. 95-43 Approving Amendment Development Agreement for Barnick - 500 38th Avenue Building Project Motion byRuettimann, second byPeterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ~ESOLUTION NO. 95-43 RESOLUTION TO APPROVE THE CONTRACT FOR PRIVATE DEVELOPMENT BY AND AMONG THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND ROBERT C. BARNICK AND PRISCILLA A. BARNICK D/B/A/METROASSEMBLIES, A SOLE PROPRIETORSHIP (THE "DEVELOPMENT CONTRACT") WHEREAS, Robert C. Barnick and Priscilla A. Barnick d/b/a/ Metro Assemblies, a sole proprietorship (the "developer") has proposed to develop certain property within the Multi-Use Redevelopment Project area (the "Project") in the City; and REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 29 WHEREAS, the developer and the City of Columbia Heights (the "City") entered into that certain "Exclusive Negotiation Agreement" dated May 8, 1995; and WHEREAS, the developer and the City of Columbia Heights (the "City") agreed to use their best efforts to attempt to negotiate and formulate a definitive Development Contract which is to contain the terms and conditions for the Housing and Redevelopment Authority's acquisition and sale of such lands within the Project to the developer (the "Development Property") and the terms and conditions for the developer to undertake and complete the renovation and expansion of a 5,000 square foot office/warehouse facility (the "Minimum Improvements"); and WHEREAS, the City authorized the preparation of the proposed Development Contract for review and approval by the City and Authority Board of Commissioners and the developer; and WHEREAS, the Authority Board of Commissioners did review and approve the Development Contract at the Authority's meeting held on July 18, 1995. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Columbia Heights as follows: 1. The Development Contract is approved and the City Council agrees to execute the Development Contract and carry out the City's obligations thereunder subject to the closing and transfer of title to the Development Property to be conveyed to the Developer by Quit Claim Deed pursuant to the terms of this Development Contract. 2. The City Manager and Authority's Executive Director are authorized to make only non-material corrections tothe final Development Contract for execution by the proper City and Authority officials on behalf ofthe City and Authority at the closing and transfer of title to the Development Property. Approved by the City Council of the City of Columbia Heights this 24th day of July, 1995. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 30 COMMUNICATIONS a. Planning and Zoning Commission The minutes of the July 11, 1995 Planning and Zoning Commission Meeting were included in the agenda packet for informational purposes only. Se OLD BUSINESS There were no items of old business. e NEW BUSINESS a. Agreement Between the city of Columbia Heights and Columbia Park Medical Group for Operation and Maintenance of a Parking Ramp 'The City Attorney had reviewed the changes in the agreement and found them to be acceptable. Motion by Peterson, second by Jolly to approve the agreement between the City of Columbia Heights and Columbia Park Medical Group for the operation and maintenance of a parking ramp with the Mayor and City Manager authorized to sign the subject agreement.'Roll call: All ayes b. Award of Contract to Seal Well at Jackson Pond Motion by Peterson, second by Petkoff to award the bid to seal inverted well at Jackson Pond, Municipal Project #9511, to E.H. Renner & Sons of Elk River, Minnesota, based upon their low, qualified, responsible bid in the amount of $9,500 with funds to be appropriated from Line Item 662-49499-5130, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Authorize Creation of One Fulltime Meter Reader Position Members of the Council felt this issue required additional discussion. Motion by Ruettimann, second by Petkoff to table approval of a fulltime meter reader position to the July 31, 1995 Council work session. Roll call: All ayes REGULAR COUNCIL MEETING JULY 24, 1995 PAGE 31 a. RegQrt of the City Manager The City Manager's report was submitted in written form and the following items were discussed: A~oka County HRA Special Benefits Levy: The City Manager advised this matter requires additional discussion as a response must be submitted to Anoka County byAugust 18th. The matter will be included on the agenda for the July 31st Council work session. Replacement of Space for Public Works with Sale of Building: Councilmember Jolly inquired as to what arrangements are being made to accommodate storage space for Public Works Department equipment. The building in which this equipment is currently being stored has been sold. The City Manager responded this is a project of the Public Works Director. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Petkoff to adjourn the meeting at 9:20 p.m. Roll call: All ayes -Anne St~ent~ Council Secretary