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HomeMy WebLinkAboutSept 14, 1981 Official Proceedings  ular Columbia Heights City Council Meeting )tember 14, 198l The meeting was-called to order by Mayor Nawrocki at 8:05 pm. 1. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Councilman NOrberg. 3. Motion by Heintz, second by Logacz to approve the minutes of the July 20th Special Council Meeting; the August 24th Regular Council Meeting; and the August 25th Continued Regular Council Meeting, as presented in writing, with corrections, and that the read- ing be dispensed with. Roll call: All ayes 4. Proclamation Mayor Nawrocki read a proclamation declaring October 19-25 as "Energy Week" in the City of Columbia Heights. 5. Oral Petitions There were no oral petitions. Columbia Heights Queen Program Miss Columbia Heights and the three princesses attended the meeting. They informed the Council of their various activities during the summer since their coronation and present- ed the Council with the trophies and awards they have won. The Mayor commended them on their activities and congratulated them for representing the City very well. (~l~unding for Energ~ Week ~-f~ [~-~nc-~] had received a memo from the Science, Technology & Energ'~ Commission requesting additional funding for Energy Week and the Energy Fair scheduled for October 2lst. Stephen Karn, chairman of the Commission,attended the meeting and requested an additional amount of funds for publicity. $500 had already been budgeted for activites of this Commission. The Commission was requesting $650 more. Motion by Heintz, second by Norberg to authorize an additional $650 for the Energy Week activities, to be taken from General Fund Unexpended Balance. Chairman Karn explained that some of these funds were to be used for radio advertising. Councilman Hentges questioned the effectiveness of this kind of expenditure. Roll call: Logacz, Heintz, Norberg, Nawrocki--aye Hentges--nay 6. Ordinances and Resolutions a. Second Reading of Ordinance No.958 being an ordinance amending Ordinance No.853, City Code of 1977, conveying certain real property to Gary T. Wolff and Marion P. Wolff Motion by Norberg, second by Heintz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. ~3~ BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING CERTAIN REAL PROPERTY TO GARY T. WOLFF AND MARION P. WOLFF ~e City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell to Gary T. Wolff and Marion P. Wolff, the City's interest in the real estate ~escribed es follows, to-~t: Regular Council Meeting September 14, 1981 page 2 The West five feet (5') of Lot 12, Block 89, Columbia Heights Annex to Minneapolis, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Ancrka County, Minnesota An easement for the purpose of ingress and egress to Lot 13, Block 89, Columbia Heights Annex to Minneapolis, over the East seventeen feet (17') of the West twenty two feet (22') of the South eighteen feet (18') of Lot 12, Block 89, Columbia Heights Annex to Minneapolis, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Section 2: The Mayor and City Manager are herewith authorized to execute the docu- ments necessary to effectuate the said sale. Section 3: The purchase price of said real estate is $1,200.00. Section 4: 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: August 10, 1981 September 14, 1981 September 14, 1981 .feted by: Seconded by: Roll call: Heintz Hentges Logacz, Heintz, Hentges, /~o-An~e Student,-se"~retary /f to the Council Nawrocki--a~ ~NJberg--pay Bruce G. Nawrocki, Mayor b. Second Reading of Ordinance No. 963 being an ordinance amending Ordinance No,853, City Code of 1977, pertaining to arcades Three different versions of this ordinance had their first reading at the meeting of July 27th. The City Attorney reviewed the differences between the ordinances referring to them as marked, 1st Version, Revised version (a) and Revised version (b). Much dis- cussion followed regarding specific items of each version that some members of the Council would like to see incorporated in the final version of the ordinance. The City Attorney advised them as to what "language" or sections of each version could be used to meet their wishes. ' Motion by Logacz, second by Hentges to waive the reading of the amended version of Ordinance No.963 there being ample copies available to the public. Roll call: All ayes Councilman Heintz inquired of the City Attorney if he would draw up another version of this ordinance which would include all of the suggestions put forth at this hearing by members of the Council. Councilman Norberg felt what the City Attorney had presented at this hearing should be voted on. Motion by Norberg to offer consideration of the ordinance as amended. Motion dies for lack of a second. [egular Council Meeting September 14, 1981 3age 3 by fleintz, second by Hentges to defer further consideration of this ordinance until ~".~in this meeting. Roll call: All ayes c. Second Reading 6f'Ordinance No.965 being an ordinance amending Ordinance No.853, City ;ode of 1977, providing .for issuance of on-sale wine licenses and providing for the rag-' lation thereof. Motion by Heintz, second by Norberg to waive the reading of the ordinance, as amended by the amendments proposed by Councilman Norberg and the City Attorney, there being ample copies available to the-public. Roll call: All ayes The ordinance, as amended, was offered by Heintz, seconded by Logacz. Motion to amend by Logacz, second by Hentges Section 5.504 (6)(gl would read "No license shall be issued to any hotel or restaurant for premises located within 200 feet of any church or within 200 feet of any public or private elementary and secondary school regularly attended on a full-time basis ..... "The distance stated in the ordinance pre- viously read "300 feet". Motion by Hentges to amend the amendment to include residential areas in the ordinance as well as churches and schools. This motion was ruled out of order as it was felt that it pertained to another subject and would require another amendment. Roll call on amendment: Logacz, Nawrocki--aye Heintz, Norberg, Mentges--naY Motion fails. Motion to amend by Norberg, second Hentges Section 5.504 (6)(gl to read "No license shall be issued to any hotel or restaurant for premises located within 300 feet of any church or mm within 200 feet of a residential district or ...... Roll call on amendment: Norberg, Hentges--aye Logacz, Meintz, Nawrocki--nay Motion fails. Motion by Heintz, second by Logacz to amend Section 5.504 (6)(gl to read "75 feet" where the ordinance now reads "300 feet". It was noted by Councilman Norberg that this amendment , substantially change the ordinance and inquired of the City Attorney if another )~'~l~ ..... ~ ......... ,. he required The City Attorney suggested that th~ amend ~1 'ng ot tne oro~nauu~ wvu,u ~ ~ · . . ' · ' m~m~as wQl.l as the other amendments to the ordinance would requmre another reaomng Roll call on amendment:Logacz, Heintz, Nawrocki--aye Norberg, Hentges--nay Motion passes. Motion to amend by Hentges, second by Norberg that Section 5.504 (6)(gl read "..within 75 feet of any church or residenti.al district..." Roll call on amendment: Norberg, Hentges-- aye Logacz, Heintz, Nawrocki--nay Motion fails. Motion by Norberg, second by Hentges to table further consideration of this ordinance. Roll call: Norberg, Hentges--aye Logacz, Heintz, Nawrocki--nay Motion fails. Motion by Heintz, second by Hentges to table this matter until the next regular meeting. Roll call: All ayes ORDI~L~NCE NO. 965 BEING AN ORDINANCE A~ENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROVIDING FOR 1SSDANCE OF ON-SALE WINE L1CENSES AND PROylDING FOK THE REGULATION THEKEOF. Th'e City Council of the Cit~ of Columbia ~et§hts does ordain: Section l: Section 5.50~ of Ordinance No. 853, City Code of 1977, passed 3une 21, 1977, which ~s currently reserved, is herewith amended· to read as follows, to-wit: 5.504(1) No person except wholesalers or manufacturers to the extemt authorized under state license shall'sell or offer for sale any ~ne without first having received an on-sale wine license ~ssued pursuant to the provisions of this chapter, or am intoxicating liquor license issued pursuant to this chapter. Regular Council Meeting September 14, 1981 page 4 5.504(2) Definitions shall be is follows: a) 'Intoxicating liquor' and 'liquor' means ethyl alcohol, distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% by alcohol by weight. b) "Sale" and 'sell" and 'sold' means all barters for pectr- niary gain, or all manner and means of furnishing wine in violation or evasion of law. c) d) e) "0fi-sale' means the sale of ~4ne in original packmges in retail stores for consumption off or away from the premises where sold. 'On-sale' means the sale of wine for comsumption on the premises only. ' 'Package' or 'original package' means any container or receptacle holding liquor, which container or receptacle is corked or sealed. f) ~) "Minor' is a person less than nineteen (19) years of age. '~otel' shall be defined as provided in Section 5.503(1)(f). h) 'Interest' shall be defined as provided in Section 5.5o3(1)(i). i) The term, 'on-sale vine license', mean~ a license authorizing the sale of ~-ine and no~-intoxicating malt liqu9~ for consumption on.the licensed premises only in con- junction ~4th the sale of food. J) The term, 'restaurant', when used in connection with 'on-sale ~ne licenses' ~ean~ an establishment, other than a hotel, tmder the control of a single proprietor or manager, having appropriate Iacllltles Ior and the ' prima~y purpose of the serving of meals prepared on the licensed premises, and where, in consideration of payment therefoI, meals are regularly served at tables to the general iublic, and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than 75 guests at one time. At least eighty percent (80%) of the annual gross receipts oi the establishment must result from the sale of food. Such establishment shall not have a facility, the primary pur- pose of which is the selling and serving of non-intoxicating malt liquor or wine, where persons purchase or consume or are served non-intoxicating malt liquor or wine at an elevated counter, commonly known as a bar. Regular Council Meeting ,September 14, 1981 page 5 (k) "Wine" means a beverage containing not more than fourteen percen! (14%) of alcohol by volume and made by the fermentation of grape~ grape juices, other fruits or honey. 5.504(3) Every application for a license shall'be verified and filed - with the City Clerk. No license may be issued ~mless at the time of application the applicant shall have paid an investi- gation fee as the Counctl'shall ~et by resolution. In the absence of any resolution, the fee shall be $250.00. The Council may waive a portion of the fee upon a finding that the application for a license is caused by a mere corporate reorganization with none of-the owners of five-or-more per- cent interest holders changing. Provided, however, that such investigation fee shall be required because of a change tn the ownership or control of a licensed corporation or because a person not previously listed in the original application shall seek to acquire or shall have acquired an interest of five percent or more of the ownership of the corporation. No investigation fee shall be charged simply because of the incorporation of an existing licensee without change of ownership, control and interest in the premises or license. At any time that an additional investigation ts require~ because of an alteration, enlargement, or extension of premi- ses previously licensed or a transfer from place to place, the licensee shall pay an additional investigation fee of $100.'00. . ... Should the City Council find that an investigation is required outside the State of Minnesota, the Council ~y require an ~nvestigation fee of up to $2,000.00 or such lesser sum as the Council may set by resolution. Upon completion of the investigation, the amount of such fee for an outside-the-state investigation mot actually expended, including staff costs, shall be refunded to the applicant. 5.5o4(4) 5.~o4(5) In addition to the information which may be required by the State Liquor Control Commissioner's form, the on-sale wine license application shall contain the information as provided in Sectiom 5.503(4). All on-sale, wine license applic~tions shall be referred to · the Chief of Police for an investigation of whether the applicant has any criminal record, and a report thereon, amd to such other City departments as the City M~nager shall direct for verification and investigation of the facts set forth in the application. The application shall also ~e r~ferred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether said prem- is~s are in compliance with applicable ordinances and regula- tions. A public hearing shall then be held before the Council, at which-time the appli~ation for a license shall be considered. -. Regular Council Meeting September 14, 1981 page 6 5.504(6) The Council may accept or reject the'license appl~c2m~om tn._ its discretion upon completion of the public hearing, subject to the following criteria: a) No license shall be issued to any person under ntneteem (19) years of age. No license shall be ~ssued to any applicant who does not have a primary possessory property interest in the pre- ~fses or location for the sale of w-ine. c) No license shall be issued to any person convicted of a violation of any law directly related to the sale, possession, manufacture or transportation of liquor, beer or ~ne, subject to the provisions of Minnesota Statutes C~apter 364. . ~) No license shall be issued to any corporation or part- nership un]ess each shareholder and partner therein would be individually eligible and qualified for said license. e) No license shall be issued to any applicant for the sale of wine on any premises also occupied by a previous licensee who was convicted of a vidlation of this chapter or where a license has been revoked by.the Council within the last si~ months. ~) No license shall be issued to any wine or beer manufac- turer. g) No license shall be issued to any hotel-or restaurant for premises located within 75 feet of any church or within 75 feet of any public or private elementar~ and .secondar3 school regularly-attended on a full-time ~asts by students umder the age of 19 years. The distance shall be measured in a straight line from the nearest point of the building in which the licensed business to be located to the nearest point of the church-or public school building. h) L~censes shall only be issued to qualified corporatio~ or organ~zmt~on~, or to United States c~t~zens ~%o are residents of the State of }'~innesota. No license shall be issued to any person who is not of good moral character and repute. No l~cense shall 'be issued to any person who is also the owner and holder of a federal retail l~quor dealers spe- cial tax stamp for the sale of intoxicating liquor at any place unless there has 'also been issued to such per- son a license to sell intoxicating liquor pursuant to the laws of Minnesota. No license shall be issued to any applicant which owns an interest in more than one establishment or bus'ness within the City of Columbia Metg~ts for which an om-sale wine license has been issued. Regular Council Meeting · September 14, 1981 page 7 1) No license shall be issued for' premises other than a hotel or restaurant. 5.506(7) Application for the r'enewal of an existing on-sale wine license shall be made at least 60 days prior to the date of the expiration of'the licenseo-- If, in the ~udEment of the - -City Council, good and sufficient cause is shown by an appli- cant for his failure to file for a renewal within the time provided, the-City Council may, if the other provisions of -this ordinance are complied with, grant the app~!cationo At the earliest practicable time after application is made for a re- newal of an on-sale license, and in any event prior.to the time that the application is considered by the City Council, the applicant shall file with the City Clerk a statement prepared by a certified public accountant that shows the'total gross sales and the total food sales of the restaurant for the twelve-month period immediately pre- cedln§ the date for filing renewal applications. A foreign corpora- tion shall file a current Certificate of Authority. 5.50~(8) 5.504(9) If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or. managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. On-sale wine license fees shall be as follows: a) The initial license fee shall be paid in full before the application for a license is accepted. ~enewal license fees shall be paid in full by December 20 preceding each calendar year. All fees shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of appli- cation before approval of the issuance by the City Council, the license fee shall be refunded to the appli- C ant · b) The fee for au on-sale license granted after the co~men- cement of the license year shall be prorated on a daily basis. c) l~hen the license is for premises where the building is. not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall. be 90 days after approval of the license by the City Council or upon the date the building ia ready for occu- pancy, whichever is sooner. d).' No transfer of a license shall be permitted from place to place or person to person without cum'plying with the requirements of an original application- Regular Council Meeting September 14, 1981 page 8 e) No part of the fee paid for any license issued under this ordinance shall be refunded as a result of the suspension or revocation of a license under this ordi- nance. ~he City Council may in its judgment refund a pro rata portion of the fee paid. .for the unexpired por- tion of a license fee, when operation of the licensed business ceases not less than one month before the expiration of the license because of:' (~) Destruction or damage of the licensed premises by fire or other 'catastrophe. (ii) The licensee's illness. (iii) The licensee's death. (iv) A change in the 3egal status of the municipal- ity making it ~mlawful for a licensed business to continue. f) k~ere a new application is filed as a result of incor- poration by an existing licensee and the ownership control and interest in the license are unchanged, no additional l~cense fee will be required. The annual l~cense fee shall be set by resolution of the Council. In Zhe absence of a resolution, the annual license fee shall be $2,000.00. 5.504(10) On-sale wine l~censes granted pursuant to the provisions of this chapter shall be subject to the following conditions: a) Every license shall-be granted subject to the conditions of the follo~ng subdivisions and all other ~ubdivisions of this ordinance and of any other applicable ordinance of the City or State lsw. b) The license shall be posted in a conspicuous place in the licensed establishment at all times. c) d) Any police officer, buR3ding inspector, or any employee so designated by the City ¥~nager, shall have the unqualified right to enter, inspect, and search the licensed premises w~thout a ~azrant during normal busi- ness hours and t~o hours thereafter if persons are observed upon the l~cemsed premises. Every .l{censee shall be responsible for the conduct of v_ his place of business and the condttion~ of sobriety and order in the place of ~usiness and on the premises. e) ~ No on-sale licensee shall sell wine off-sale. f) No license shall be effective beyond the space named in the license for which it was granted. Regular Council Meeting 'September 14, 1981 page 9 s) No wine shall'be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law? No person under 19 years of age shall serve wine in an7 rooms constituting the place in which wine is sold at retail on sale. No person under 18 years of age shall 'be employed in any rooms constituting the place in which wine is sold at retail 'on-sale', except that persons under-18 years of age may be employed.as musicians or. to perform the duties of a busboy or dishwashing'services in places defined as a restaurant or hotel or motel serving food-in rooms in which wine is sold at retail 'on-sale'. i) J) No licensee shall sell, offer for sale, or keep for. sale, wine from any original pac'~age which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in amy manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any ~-tne in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. No-licensee or person employed-.on-the-licensed premises shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a federal gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use on the premises as_a beverage'or'mi~ed'with a'beverage except for beverages licensed hereunder. 1) The business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manager, or other duly authorized represem- tattve of the City at all reasonable times. m) No licensee shall ~nowtngly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly umder his control to be used as a resort for vrostttutes. No licensee shall keep, possess, or operate or permit' · the keeping, possession, or' operation of any slot machine, dice, or any gambling device~r apparatus on the licensed premises; and he shall not permit any t ga }l ng .therei-- Regular Council Meeting September 14, 1981 page l0 o)' A licensed restaurant shall be conducted in such a manner that eighty percent (80%) or more of the annual gross receipts for a licensee year is attributable to or derived from the serving of foods. A hotel shall be conducted in such a manner that,.of that part of the total annual gross receipts attributable to or de- rived from the serving of foods and wine, eighty percent (80%) or more of the annual gross receipts for a license year is the serving of foods. 5.504(11) No sale of w~ne shall be made after one 8.m. on Sunday, mor until eight a.m. on Monday, nor between the hours of one a.m. and e~ght p.m. on the day of any statewtde election. No 'sale shall be made between the hours of one a.m. and eight a.m. on any weekday. No licensee shall permit the consumption of wine upon the l~censed premises after 1:30 a.m. on Sunday, nor ~ntil 8:00 a.m. on Monday, nor between the hours of 1:30 a.m. and 8:00 p.m. on the day of any statew~de elect~on, nor between the hours of 1:30 a.m. and 8:00 a.m. on any weekday. 5.504(12) No sale of wine shall be made to or in guest rooms of hotels un]ess the rules of such hotel provide for the service of meals in guest rooms or un]ess the sale of such wine is made in the manner on sales are required to be made or unless such sale accompanies and is incidental to the regular service of meals to guests therein or un]ess the rnles of .such hotel and the description, location, and number of such guest rooms are fully set out in the appl~cation for a l~cense. 5.504(13) Restrictions on purchase and consumption are as follows: a) No licensee, his agent, or employee shall serve or d~spense upon the 13censed premises wine to any person under the age of 19 years; nor shall such l~censee, his agent, or employee pc_r mit any person under the age of 19 years to be furnished or consume wine on the licensed premises; nor shall such l~censee, his agent, or employee permit any person under the age of 19 years to be delivered any wine. ~) No person under 19 years of age shall misrepresent his age for the puzpose of obtaining wine nor shall he enter any premises l~censed for the retail on-sale of ~ne for the purpose of purchasing or having served or delivered to him for consuming any such wine nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any wine. c) No person under 19 years of age shall receive delivery of ~ne. Regular Council Meeting September 14, 1981 page ll No person shall induce a person under the age of 19 years ltd purchase or procure or obtain wine. e) Proof of age for purposes of consuming, purchasing, or possessing vine, the consumption, sale, or possession of which is regulated by age may only be established by a valid driver license or.a current nonqualification certificate issued pursuant to. Hinnesota Statutes, Section 171.07o f) Ho person shall give, sell, procure, or purchase wine to or for any person to whom the sale of wine is forbidden by law. g) No person shall mix or prepare' wine for consumption or consume in any public place not licensed in accordance with the ordinances of the City of Columbia Heights and State of Htnnesota. 5.501(14) An applicant for an on-sale wine llcense shall file with the Ckty Clerk a bond with .corporate surety~ or a liability insurance policy or, in lieu thereof, cash or United States government bonds in a sum set by .resolution of the Council, which_bond shall be approved by the Council. In the absence of a resolution, said sum shall be $5,000.00. Yn the event & liability insurance policy is filed, such liability insurance policy shall be in the amount of $100,000 cov.erage for one person and $300,000 coverage for more than one'parson and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured s~all become obliged to pay by reason of liability imposed upon him by law for injuries or damages to persons, other than employees, including the liability imposed upon the insured by reason of Minnesota Statute ~340.95. Such liability insurance policy shall further provide that no can- cellation for any cause can be made either by the' insured or the insurance company without first giving ten days' notice to the City in writing of the intention to cancel the .same, addressed to the License Division- Further, it shall provide that no payment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter- Such policy shall be conditioned that the insurer shall-pay to the extent of 'the--principal' amount of the policy any damages for death or injury caused by or resulting from the violation of any law relating to the busi- ness for which such license has been granted- The licensee and the City shall be named as joint insureds on the liabi- lity insurance policy. 5.50~(15) The City Council may suspend or revoke any .on-sale wine- license for the violation of any provision or condition of this ordinance or of any state la~ or federal law regulating the sale of wine, and shall revoke such license for any Regu'lar Council Meeting September 14, 1981 page 12 willful vioqation which, under the laws of the State, is grounds fo'r mandatory revocation, and shall revoke for failure to keep the insurance required by Section 14 in full force and effect. E~cept in the case of a suspension pending a hearing on revO- · ~ation, nonmandatory revocation or suspension By the Council shall be preceded By written ~otice to the licensee an~ a public hearing. The notice shall give at least ten days' notice of the time and p]ace of the hearing and ~hall state the nature of the'charges against the licensee. The Coun'cil may, w~thout any notice, suspend any license pending a hearing on revocation for a period not e~ceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. 5.504(16) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction'thereof, shall be punished By a fine of not more than Five Bundred Dollars ($500.00) and imprisonment for Rot more than 90 days. Section This Ordinance shall be in full force and effect from and after thirty days after its passage. F~rst Reading: Second Reading: 'gate of Passage: September 14, 1981 Offered by: Seconded by: Roll Call: Bruce C. Nawrocki, M~yor Secretary to the Council 7. Communications a. Planning and Zoning Commission 1. S. E. Thayer, 3901 Central Avenue Conditional Use Permit Mr. Thayer, owner of the property at 3901 Central Avenue is appealing the denial of his request for a conditional use permit by the Planning & Zoning Commission. The City Man-'- ager and City Planner gave the background on this matter and the basis of the denial. Mr. Thayer had some questions of the City staff regarding their measurements of his pro- perty and building. He felt there were some errors in some of the measurements and wanted them done again. Motion by Hentges, second by Logacz to table this matter until the next regular meeting. Roll call: All ayes Regular Council Meeting September 14, 1981 paqe 13 2. Housing and Redevelopment Authority Rezoning and Variances HRA is requesting the rezoning of a vacant parcel immediately east of Burger King which d be used as the site of the 17-unlt apartment which ls being relocated out of the down- town development project area. This rezoning must be done by ordinance. Motion by Heint~, ~econd by Hentges to waive the first reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 975 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY coDE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Meights does ordain: Section 1: Ordinance No. 853, City Code of 1977, passed June 21, 1977, is herewith amended to reflect the following change, to-wit: The east 165.00 feet of the south 180.00 feet of the north 330.00 feet of Block &, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Nills, Anoka County, Minnesota which is currently zoned "CBD" Business District, is herewith rezoned to "R-3" Multiple Family Residence District. :ection 2: Sectibn' 3: The Official Zoning Hap is herewith amended to reflect the said rezoning. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Yirst reading: Second reading: Date of passage: September ~4', 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council The HRA is also requesting a nine-car parking variance, a 17-car garage variance and a - 5,220 square foot lot size variance. Some discussion followed regarding the granting of the requested variances. It was noted by Councilman Norberg that the Planning and Zoning Commission did not make a recommendation on the variances because there was no proven hardship. ion by Heintz, second by Logacz to grant the variances as requested. Roll call: Logacz, Cz, Hentges, Nawrocki--aye Norberg--nay Ordinance No. 975 is scheduled for a second reading at the established public hearing for September 28th at 8:00 pm. Regular Council Meeting September 14, 1981 page 14 3. Paul Nelson, 1158 Borea)is Lane Special Purpose Fence t~I~t~ion by Heintz, second by Hentges to grant the request for a special purpose fence, ~ recommended by the Planning and Zoning Commission, at li58 Borealis Lane. Roll call: All ayes 4. Terry Evenson Properties, 3550 Lexington Ave. N. Variances The City Manager and City Planner reviewed ali of the reasons for variances being quested. The variances being requested are as follows: 11A five foot var!ante on the length of 40 parking stalls; 2) A thirty foot variance on the setback of the loading zones from residential property; 3) A variance waiving the twenty foot wide green buffer zone behind the retail center, and; 4) A variance permitting two free standing signs on the retail site. Motion by Hentges, second by Heintz to grant the request for the four variances as recom- mended by the:Planning and Zoning Commission. Roll call: Logacz, Heintz, Hentges, Nawrocki-- aye Norberg--abstain b. Traffic Commission 1. Placement of Stop Signs Motion by Heintz, second by Hentges to concur with the Traffic Commission recommendation to erect stop signs on 41st Avenue at Tyler Street to stop traffic flow east and west. Roll call: All ayes There had been a letter received from concerned citizens about this 2. Alley Between Mill Street and Jefferson Street Motion by Heintz, second by Logacz as recommended by the Traffic Commission to make the  lley that runs from Mill Street east to Jefferson Street one way going east. Roll call: Il ayes 3. AlleyB~tween Jackson Street and Van Buren Street south of 40th Avenue Motion by Hentges, second by Heintz as recommended by the Traffic Commission that the alley between Jackson Street and Van Buren Street be one way south from 40th Avenue to the alley running west to Jackson Street. Roll call: Logacz, Heintz, Hentges, Nawrocki-- aye Norberg--abstain 4.Placement of Limited Time Parking Signs Motion by Hentges, second by Heintz to authorize the placement of thirty minute parking signs on the south side of 40th Avenue from Jackson Street to Van Buren Street as rec- ommended by the Traffic Commission. Roll call: All ayes c. National League of Cities Conference This conference is scheduled for November 29th to December 2nd in Detroit, Michigan. This was an informational item. d. Columbia Heights Fire Cadets A Thank You note from the Columbia Heights Fire Cadets was received for the Valley Fair outing they had received as a gesture of appreciation. This was an informational item. 8. Old and New Business a. Old Business 1. Burger King, 3939 Central Avenue Privacy Fence ~otion by Norberg, second by Heintz to table the appeal of the Planning and Zoning Com- mission by Burger King Corporation, 3939 Central Avenue, with regard to the privacy fence until a later date. Roll call: All ayes .Regular Council Meeting September 14, 1981 page 15 Joint Powers Agreement Regarding Transfer of Parking Lot Located South of 40th Avenue Buren Street. Motion by Heintz, second by Hentges to authorize the Mayor and City Manager to execute a Joint Powers Agreement with Anoka County for the transfer of title and future ma lnten.- ance of the county-owned parking lot located on Van Buren Street. Roll call: All ayes 3. Request for Mid-Block Lighting Motion by Heintz, second by Logacz to establish November 16, 1981 as a date for the public hearing to consider mid-block lighting on 44½ Avenue. Roll call: AIl ayes 4. Authorization to Retain Electrical Engineer for Design of LaBelle Park Lighting Motion by Heintz, second by Hentges to table this matter for further consideration. Roll call: All ayes 5. 37th Avenue Project-- Cargill Appeal Letter A letter was received from the Superintendent of the Cargill Company in Columbla Heights. It is in regard to some of the work being done on 37th Avenue. The content of the letter and the requests being made by Cargill were discussed. No action was taken at this time. b. New Business 1. Air Conditioning, Ventilation, and Heating System of City Hall The recon~endation of a contractor regarding correcting some problems with the system in City Hall were discussed. The City Manager was advised by the Council to take these rec- ommendations and findings back to the Engineering firm who originally installed the system and discuss it. The City Manager will report on this at the next regular Council meeting. ablishing Salary for City Accountant Motion by.Heintz, second by Logacz to establish the rate of $1,674 per mc~nth for Mr. William Elrite, City Accountant, effective September 28, 1981. Roll call: All ayes 3. Appointment of Auditor for Audit~of 1981 Records Motion by Heintz, second by Norberg to appoint George M.Hansen Company to undertake the audit of the City's 1981 financial records at a cost not to exceed $9,200. Roll call: All ayes 4.Library Building: Proposals for Consulting Services This item had been previously discussed at another Council meeting. Minutes of this meeting are to be reviewed. This matter deals with the Library roof. 5. Final Payment on Seal Coating Contract Motion by Hentges, second by Heintz to authorize the City Manager to remit final pay- ment to Bituminous Roadways, Inc. in the amount of $20,322.45. Roll call: All ayes 9. Licenses Motion by Norberg, second by Heintz to approve the licenses, as listed, upon proper pay- ment of fee. Roll call: All ayes 10. Payment of Bills Motion by Heintz, second by Hentges to pay the bills, as listed, out of proper accounts. Roll call: All ayes ~tinuance of the meeting~ ion by Hentges, second by Heintz to continue the meeting until Tuesday, September 15, 1981 at 9:30 pm. Bruce G. Nawrocki, Mayor Jo-Anne btudent, ~ouncll ~ecretary