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HomeMy WebLinkAboutJul 13, 1981Official Proceedings Columbia Heights City Council Regular Meeting July 13, 1981 ,~e meeting was called to order by Mayor Nawrocki at 8:02 pm. I. Roll Call Logacz, Heintz, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Douglas Henderson of Peoples Church. Minutes of Previous Meetings Motion by Hentges, second by Logacz to approve the minutes of the Regular Council Meet- ing of June 22nd; and the Special Meeting of July 6th; as presented in writing, with corrections, and that the reading be dispensed with. Rol1 call: All ayes Oral Petitions Councilman Sebe Heintz announced that he has decided not to seek re-election to the City Council in the fall election. He said he Intends to pursue other interests and thanked all of those residents who supported him in the twelve years he has served on the Council. Richard Martin, 4032 Washington St., had a concern about a twenty-cent raise that was granted to his son and two others who are employees in the Liquor Department. He was interested in finding out why this raise has not been given at this time. Mr. Martin said he would supply the staff with the names of the two men other than his son and would like an explanation as to why this problem has occurred sent to him in writing. Douglas Whaley, 4341 Monroe St., informed the Council of a proposed fundraiser tenta- tively scheduled for August 29th. It is a barbecue, with dancing to live music to be held on the parking lot in the back of the Municipal Lounge on 40th Avenue and Central. The proceeds from this fundraiser will be used to establish a scholarship for students of trade school. It was suggested that Mr. Whaley discuss this matter with the City Attorney and the Police Chief. There was some question concerning the place selected for this fundraiser and whether it might disturb nearby residents and its proximity to the construction for the Downtown Development area. Ordinances and Resolutions a. Second Reading of Ordinance No. 948 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to the establishment of a more restrictive sign code 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 Nancy Jorgenson, representative of Naegele Sign Company told the Council there were t~ paragraphsin the ordinance that she felt could be more definitive. She explained her reasoning but no one on the Council felt the same. ORDINANCE NO. 948 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE ESTABLISPLMENT OF A MORE RESTRICTIVE SIGN CODE City Council of the City of Columbia Heights does ordain: Section 1: Sections 9.103(66) through 9.103(72), inclusive, of Ordinance ;o. 853, Cit: Code of 1977, passed June 21, 1977, which reads as follows, to-~it: REgular Council Meeting July 13, 1981 page 2 "9.103(66) - Sign-Outdoor: Any object which indicates a name, identification, description, display or illustration which is affixed to or presented directly or indirectly upon a building, atructure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "Sign" for application of this Ordinance shall not include any display of official court or public office notices or highway directional signs. 9.103(67) - Sign-Nameplate: A sign indicating the name and address of a building or the name of a business or occupant therein. 9.103(68) - Sign-Billboard: A sign which directs attention to a business, ~ommodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is af- fixed. 9.103(69) - Sign-Business: A sign which directs attention to a business or profession conducted or to a commodity, service, or entertain- ment sold or offered on the premises on which such sign is cared or to which it is affixed. 9.103(70) - Sign-Flashing: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color during which time such sign is in use. 9.103(71) - Sign-Gross Area Of: Shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case, passing through or between any adjacent ele- ments of same. However, such perimeter shall not include any structural elements lying outside of such sign and not forming an integral part of the display. 9.103(72) - S~n-Illumfnated: Any s~gn which has characters, letters, fi- gures, designs, or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Section 2: are herewith repealed. The City Atto~rney is herewith authorized to renumber the Zoning Code (Article I of Chapter 9) of the City Code of 1977 to reflect such chanze. Sections 9.116(7) through 9.116(13), inclusive, of Ordinance No. 853, ~ity Code of 1977, passed June 21, 1977, which read as follows, to-wit: "9.116(7) ' ~igns, Advertlsln9 tI~hts and Devices LOcated Outside of' Bulldln~s (al General Provislons: Signs, advertising lights and devices shall be governed by the follc~vlng pro¥islons and such other regulatlons as herein stated. (bi Definition of Signs: See Sections 9.103{6&) through 9.103{70). (c) This Ordinance shall not apply to any display of dlrectlonal signs, street nar signs or other slgns which have'received City Council approval and erection authorized by the Clty, or to any on-site private Instructional signs which are so located and Intended to aid persons who are on the private parcel of land provided that ......... ~ ..... . AC & ,auare feet. ,Regular Council Meeting July i3, 1981 page 3 (d> A sign Is · structure or · part of · structure for the purpose of applylng yard and helght regulatlon$. (e) Signs are prohlblted wlthln the publlc rlght-of-~ay except that the City Counc11 ~ay grant a conditlonal permit to locate ~ signs and decorations on or within the rlght-of-~vay for a specified time not to exceed sixty (60) days and subject to the laws'of ~innesota. (f) Signs and parts of the superstructure may extend into the required yards or public right-of-way · distance not in excess of eighteen (18) Inches when flat agalnst the bulldln9. I11umlnated s19ns or devices 91vln9 off an Intermittent, steady or rotating beam comprising · coil·etlon or concentration of rays of light shall not be permitted in any district. Illumlnated flashing signs shall not be permitted. (k) O) · (=) For purpose of se11ing or leasing property, In any dlstrlct, · sign not In excess of twenty-five (25) square feet pe~ surface tnay be placed within the front yard of such property to be sold or leased. Such signs shall not be less than fifteen (1~) feet from the right-of-way 1ina unless flat against the structure. For the purpose of selling or promoting a res;dentin1 project of slx (6) or more d~ellin9 unlts,'a commercial area of three (3) acres or more or an Industrlal area of ten (10) acres or more, one sign not to exceed two-hundred and forty (240) feet of advertising surface may be erected upon the project site, and be ~alntained until S0~ of the units have been rented or leased. At such time, the sign shall be removed. Signs existing on the effectlve date of this Ordinance ~hlch do not conform to the regulatlons set forth in the Ordinance are · non-conforming use. The area within the frame shall be used to calculate the square footage except that width of · frame exceeding twelve (12) Inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such · way as to be without a frame, the dimensions for calculating the sRuare footage shall be the area extending slx (6) Inches beyond the periphery formed around such letters or graphics In a pl&ne figure, bound by straight lines connecting the outer most points thereof, and each surface utilized to display a message or to attract attention shall be measured as · separate sign. ~ny symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to wlndo~s, walks, awnings, free-standing s tructure~ suspended by balloons or kites or on persons, animals or vehlcles shall be considered as a slgn. The top of any such slgn, [ncludlng Its superstructure of any shall be no higher than the roof of the building to ~hich such slgn may be attached. Regular Council Meeting July 13, 1981 page 4 _ (n) Signs including any superstructure, erected free of any building shall not exceed the permitted height for the district In which located and in no instance shall such sign height exceed 35 feet. (o) Signs temporarily located for the purpose of promoting a person, office, or issue to be voted on shall not exceed the size of 3' x 4'. Temporary signs shall not be placed on any property sooner than sixty (60) days before said election and must be removed no later than t~o days after. 9.116(8) Signs In "R" Districts Within the "R" District the following signs ate permitted: (a) I~ne (1) nameplate sign for each dwelling and such sign shall not exceed one (1) square foot in area per surface, and no sign shall be so constructed as to have more than two surfaces for advertising purpose. (b) One (1) double faced nameplate sign for each dwelling group of three (3) or more units, and such sign shall not exceed (6) square feet in area per surface. (c) One (1) double faced nameplate sign for each permitted use or use by conditional permit other than residential and such sign shall not exceed twelve (12) square feet in area per surface. Symbols, statues , sculptures and integrated architectural features on non-residential buildings may be illuminated by flood lights provided the direct source of light is not visible from the public right-of-way or adjacent residential district. ?gas In the "LB" District Within the LB District nameplate slgns and buslness signs are permitted subject to the following regulations: Within the LB District the aggregate square footage of advertising space per lot shall not exceed the sum of t~o (2) square feet for each front foot of building fronting on a public right-of-way, plus one (1) square foot for each front foot of buildlng allocated to non-residential use. No individual sign shall exceed fifty (50) square feet of area per surface. g.[[6([o) S~i~ns in the "CBD" District Withln the CBD District nameplate signs, advertising signs and business signs are permitted subject to the following regulations: R~gular Council Meeting July 13, 1981 page 5 The.aggregate square footage of advertlslng space per lot shall not exceed the sum of three (3) square feet for each front foot of bulidl.ng plus one (I) square foot for each front foot of building slcling on a street which has a width of fifty (50) feet. No lndlvldua! sign shall exceed three hundred (300) square feet of area per surface. $iDns In the "RB" and "GB" District Within the RB-GB District, nameplate, business and advertising signs are permitted subject to the followlng: (a) The aggregate square footage of sign space per lot shal~ not exceed the sum of two (2) square feet per front foot of building, .plus one (i) square foot for each front foot of lot not occupied be such building which fronts on a public right-of-way fifty (50) feet or more in width. The least width of a lot for purposes of this Ordinance shall be the front. No Individual sign surface shall exceed one hundred (100) square feet In area, nor shall t~o (2) or more signs be so arranged'and integrated as to Cause an advertising surfac~ over one hundred and fifty (150) square feet. The one exception is that when an advertising slgn located as the principal use of the site, it ~ay be up to slx hundred square feet with permitted aggregate square feet having fifteen (15) square feet per front foot of lot. 9.116(~2) Signs In the "1" Use District Within the "1" Use District, nameplate signs, business slgns and advertlsi*ng signs shall be permitted subject to the follc~ving regulations: The aggregate square footage of sl~n space per lot shall not exceed the sum of four (q) square feet per front of building, plus one (I) square foot per front foot of property not occupied by a building. No Individual sign surface shall exceed two hundred and fifty (250) square feet except advertising signs. Advertising signs permitted as an accessory use shall not exceed two hundred and fifty (250) square feet of surface. 9.13.6 C13) Re.placement S:~ ~'ns A sign on any parcel that ts aon-confor~iag under Ordinance No. 81E cause of its size amy be replaced~thtn · period of three (3) nont after the destruction of such sign by another non-conforming sign as the replacement sign: , Regular Council Meeting July 13, 1981 page 6 t) decreases the aggregate square footage of sign space on the lot or parcel on which such sign ts located; ii) does not increase the size of any individual sign surface; amd ttt) does ~ot increase the number of signs or sign surfaces on the Jot or parcel. Before any permlt is granted to an applicant for a sign permit allowable pursuant only to this Section 9.116(13), the applicant shall be required to sign the following statement as part of his application: ! have been advised that the Council of the City of ~etghts is presently considering the adoption of an Ordinance which may require the removal of the sign which ! propose to erect within a period not to exceed three (3) years. Should the City Council pass an Ordinance requiring such removal, agree to remove the sign in accordance with that Ordinance. Applicant (c) No person, firm or corporation shall construct or erect · sign im the City of Columbia Betghts without having first obtained a per- mit therefor. ~o person, firm or corporation shall permit · sign to exist on property owned, occupied, or used by that person, firm or corporation without havXng first obtained a permit for such sign. (d) The permdt fee for the constru~tton of signs m~y be set by Resolu- tion of the City Council and may vary according to the size the~eo~t are herewith repealed. Section 3: Section 9.117A of Ordinance No. 853, C~ty Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to- wit: SECTION I?A 9. ii7A (i) SIGNS, AD%~RTISING LIGHTS A~ DEVICES LOCATED OUTSIDE OF BUILDING OR STRUCTLrR~ Definftions The following words and terms, whenever they occur in this Ordimamce, are defined as follows: (b) Alteration: A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. Animated Sign: A sign which includes action or motion effected through mechanical or electrical means or wind, exclusive of flashing, changing and indexing signs. (c) Area Identification Sign: A sign identifying a shopping center or ~u~}e dwelling unit. Regular Council Meeting July 13, 1981 page 7 (d) Banner, Flag or Pennant: A sign made of a flexiblemat~i~l, au6h as cloth, paper, or plastic, however and wherever affixed. (e) Billboard: A non-accessory sign for the purpose of advertising a product, event, person, subject or service not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of advertising the availability for rental or sale of the sign itself. (f) Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. (g) Business Frontage: The property lines or lease lines at the front of the building in which the business is located or the location of the main public entrance of said building. (h) Canopy, Arming or Harquee: A projection or extension of a structure, building, or place of assembly, erected in such a manner as to pro- vide a shelter or cover over the approach to any entrance of such structure, building, or place of assembly. (i) Canopy, A~minE or Marquee Si~n: A sign suspended from or forming part of the canopy, awning, or marquee which does not extend horizontally beyond such canopy, awning or marquee. (j) Changeable Copy Sign: A sign employing detachable copy, letters or symbols which may be altered, substituted or rearranged to convey varying messages, regardless of method of attachment. (k) Chan~ing Sign: A sign which displays copy changes shown on the Same lamp bank, such as an electronically or electrically controlled public service, time and temperature sign, message center or zeader- board. (1) Color: Any hue or combination of values of these; black and wnXte shall not be considered colors. (m) Commercial Use: A use of lan~, building or structure intended, designed or arranged for a business, occupation, trade, or pro- fession, including entertainment, sex-vices or sale of goods. (n) Copy: The letters, symbols, or other representations used on a sign to convey a message. (o) Copy Area: That portion of the sign which contains the copy and to which the copy is applied. (p) Council: The Columbia Heights City Council. (q) Curb Line: The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be estab- lished by the City Engineer. (r) Directional Sign: An on-premise sign designed to guide or direct pedestrian or vehicular traffic. (s) District: The zoning districts as designated on the Official Zoning Map of the City of Columbia Heights and described in the Zoninz Code. Regular Council Meeting July 13, 1981 paoe 8 ( (t) Electric Sign: A signwhich uses electrical wiring on, in or meat such sign to effect movement amd/or illumination, inclusive of illum~nated signs as defined below. (u) Facia or Wall Sign: An identification sign affixed to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. (v) Flashing Sign: A sign which contains flashing lights or exhibits discernable and purposefnl changes in light intensity or color. <w) Free-Standing Sign: A permanent sign which is not affixed to any part of a building or structure and which is supported by upright brace(s) or post(s) placed in the ground. (x) Grade: The elevation or level of the street closest to the sign to which reference is made, measured at the street's centerline. (y) Graphics: An illustration or rendering which is not for an adver- tising purpose, and which is applied directly to a building or structure. (z) Identification Sign: A sign which is limited to the name, address, and number of a building, structure, institution, or person in addition to the activity carried on in the building, structure or institution, or the occupation of the person. (aa) Illuminated Sign: A sign designed to give forth or reflect any artificial light, either directly from a source of light incor- porated in or connected with such sign, or indirectly from an artificial source in the immediate proximity thereof. (bb) (cc) Incidental Sign: A small sign less than two (2) square feet in area of a noncommercial nature, intended primarily for the convenience of the public, including signs designating rest areas and public telephones. Institution: A church, school, or other eleemosynary organization. (dd) (ce) Institutional Sign: A sign used by an institution. Lane: A public thoroughfare or way which affords a purely secondary means of access to a lot at the side or rear. (ff) (gg) (hh) (ii) Person: A firm, association, organization, partnership, trust, company, or corporation as well as an individual. Political Si~n: A sign which states the name, slogan, and/or picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocates political views or policies. Portable Sign: A sign which is not permanently attached to the ground or to a building or structure. Primary Use: The main use of land, buildings or structures. Regular Council Meeting July 13, 1981 )aqe 9 (JJ) (kk) Projecting Sign: t sign which extends outward from the yell of a building or structure more than fifteen inches (15"), and is Supported by or suspended from such wall. Public Ritht of Way: The area on or above a public side~alk, alley or street. (11) (~) Real Estate Sign: A sign offering land and/or buildings for sale, lease or rental, located on such property. Residential Use Building: A dwelling, boarding, lodging, rooming, fraternity or sorority house, or a dormitory unit. (nn) Revolving Sign: t sign, any part of which turns, rotates, or ~evolves. (oo) Roof Line: The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. (PP) Roof Sign: A sign which is painted on, affixed to, or erected upon t--he roof or parapet of a building or structure of which any portion is situated on or above the roof level of such building or structure and is wholly or partially supported by said buildin~ or structure. (qq) Shopping Center: A group of four (l) or more co, mercia1 uses vhich ~as either common management or ovnership, or has a contiguous gross retail area of twenty thousand (20,000) square feet or ~ore. (rr) $i_~_: A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or co~m~ntcate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition in- cludes a structural or non-structural device which borders, nates, animates or projects th~ visual representation. (i) Sign Area: The entire area within a single continuous peri- ~eter enclosing the extreme limits of such sign. Such peri- meter shall in no case pass through or between any adjacent element of such sign. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports~ uprights, or structures on which any sign is supported, which do not form an integral part of the display are not included in the sign area. (ii) Sign, ltaxi~um Height of: Refers to the vertical distance measured from the nearest finished grade to the top of such a sign. (iii) Sign, Minimum Height Of: Shall refer to the vertical dis- tance measured from the nearest finished grade to the Iowa: limit of such sign. Regular Council Meeting July 13, 1981 page 10 (iv) Sign Structure: The structure which supports or is capable of supporting any sign, including the framework, braces, rights, and supports of such sign. Said definition shall not include a building to which the sign is attached. Street: A public highway, road or thoroughfare which affords the principal means of access to adjacent lots. (ss) (tt) Street Frontage: The linear frontage of a parcel of property abutting a public street. (uu) Temporary Sign: A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time. (w) Time and Temperature Sign: A sign which displays only time and temperature information. (ww) Wall Sign: See Facia or Wall Sign. 9.117A(2) (xx) (YY) Wall Surface of Building: The total horizontal surface area of the building face to which a sign is attached, including windows and door areas, measured to the extreme outer limits of such surface. Window Sign: A sign painted on, placed ~n, or aff~ea to any dow, exclusive of merchandise on display. Application (a) (b) (c) Within the municipality, no sign shall hereafter be erected, placed, altered, or moved unless in conformity with this Section. Signs which are lawfully in existence and in use prior to and at the time of the legal adoption of this Section may remain in use even though they do not conform with the provisions of the Section for five (5) years to the extent permissible under Section 9.104(3). No sign lawfully in existence at the time of the adoption of this Section may be rebuilt, reconstructed, or altered with the exception of copy change unless in conformity with the provisions of this Code. (d) A sign is a structure or part of a structure for the purpose of applying yard and height requirements as required by Chapter 9, Article I of this Code. (e) Nothing in this Section shall relieve any person from complying with any other provision of this Code. 9.117A(3) Administration and Enforcement (a) Administration: This Section shall be administered by the Zoning Administrator. Permits: Every person shall, before erecting, placing, rebuilding, reconstructing, altering, or moving any sign, other than an inci- dental sign, obtain from the Zoning Administrator a zoning sign permit to do so as well as for the building permit required under Section 6.201(2). Every application for a zoning sign permit shall be accompanied by a plan or plans dream to scale and including: Regular Council Meeting iv 13, 1981 il (i) (ii) (iii) (iv) (v) (vi) The dimensions of the sign and, where applicable, the dimensions of the ~all surface of the building to which it is to be attached. The maximum and minimum height of the sign. The proposed location of the sign in relation to the face of the building, in front of which or above which it is to be erected. The proposed location of the sign in relation to the bound- aries of the lot upon which it is to be situated. The proposed technical means of illuminated, animated, or Changing signs. A diagram or photograph of the face of the building to which the sign is to be attached, if applicable. (c) (d) (vii) The n~me and address of the user of the sign and the location of the sign. (viii) The name and address of the proposed designer and/ors~ker of the sign. (ix) The name and address of the owner(s) of the property on which the sign is located. (x) The name and address of the person with superior possessory interest in the real estate where the sign is to be located. The following changes shall not require a zoning sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility for its proper erection and maintenance and its compliance with the provisions of this Ordinance or any other law or ordinance regulatin§ the same. (i) The changing of the advertising copy or message of a painted or printed sign. Except for theater marquees and changeable copy signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. (ii) Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made. A zoning sign permit shall become null and void if the work for which the permit was issued has not been completed within one year of its issuance, unless such permit is renewed upon a second payment o£ the original fee within said one 7ear period. No zoning sign permit is required for renewal unless there would be disparity from the initial plan. Regular Council Meeting July 13, 1981 ~ ~ 12 (e) Maintenance: All signs, including temporary signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation, The display surfaces of all signs shall be kept neatly painted or posted. Every sign and the immediate surrounding premises shall be main- tained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of obnoxious substances, rubbish and weeds. (f) Inspection: Ail signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed by him is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being obeyed. (g) Notice to Zoning Administrator: The person having the superior possessory interest in any property on which a sign is located shall give notice to the Zoning Administrator of any change in sign user, sign owner, or owner of the property on which the sign is located within thirty (30) days of such change. (h) Enforcement: (i) It shall be unlawful for any person including but not limited to sign owners, building owners, sign users, sign designers, sign makers, and any person having a superior possessor7 i~- retest in the property on which the sign is located to erect, place, rebuild, construct, alter, or move any sign or to do any act contrary to or in a manner contrary to any direction, instruction, specification, or provision contained in or adopted by this Section or any notice lawfully given or posted pursuant to the provisions of this Section or without any permit hereby required or contrary to the conditions upon which any permit bas been issued pursuant to this Section; it is similarly lawful for such person to refrain from doing or taking or to fail to do or take any act, precaution, or maintenance required to be done pursuant to this Section. (ii) (iii) Every person who violates any of the provisions of the Section, or who causes, suffers, or permits any act or thine to be done in contravention or in violation of any of the provisions of this Section, or who neglects, or refrains from doing anything required to be done by any of the provisions of this Section; or who carries out or who suffers, causes, or permits to be carried out any development in a manner prohibited by or con- trary to any of the provisions of this Section or who fails to comply with any order, direction, or notice given under this Section shall be guilty of a misdemeanor, punishable in accordance with §9.314. Where any sign or part thereof contravenes this Ordinance or where any sign is in such a condition as to be in danger of falling or is a menace to the safety of persons or propert, the Zoning Administrator shall give to the owner or person(s) in control of such sign, w~itten notice specifying the vio- lation of this Ordinance, ordering the cessation thereof, and requiring either the removal of the sign or the remedial Regular Council Meeting July 13, 1981 page 13 (i) Section in a manner specified in said notice. Such notice shall be posted by registered mail, return receipt requested. Upon failure to comply after thirty (30) days from receipt of said notice, such person(s) shall be guilty of ·mis- demeanor in accordance with §9.314 in addition to the o~iginal violation for which the notice was given. If · sign is found to be an im~ediate and serious danger to the public bec·use of its unsafe condition, it may be removed~ithout notice. Written notice and reasons for such removal shall be served as soon as possible. The remedies expressed herein are in addition to those contained in the Hazardous BuildinsAct. Non-Conformin~ Uses: (i) After the enactment of this Section, the Zoning Administrator shall, as soon as practicable, survey the municipality for signs which do not conform to the requirements of this Ordinance Upon determination that · sign is non-conforming, the Zoning Administrator shall use reasonable efforts to so notify either personally or in writing the user or owner of the signs or the owner of the property on which the sign is located of the sign's non-conformity. ~ailing determination of the sign owner, user, or owner of the property on which the sign is located, the notice may be affixed in · conspicious place to the sign or to the business premises vithwhich the sign is associated. Failure to give proper notice hereunder shall not extend a non-conforming use of · sign under Sg.ll?A(2)(b). (ii) (iii) Nothing in this Section shall be construed as relieving the owner or user of a non-conforming sign and its structure described in §9.117A(3)(i)(i) above, or the owner or lessee of the property on which such a sign is located from the provisions of this Code regarding safety, maintenance repair. Provided, however, that any repainting, cleaning, and other normal maintenance or repair which modifies the sign or its structure in any way which further aggravates or increases its non-conformity, shall be · violation of this Section. Restrictions on size and location of signs which have been heretofore imposed as a result of an approved site plan or conditional use permit shall not be relieved by the pro- visions of this Section. 9.117A(4) (J) Appeals: The procedure for appeal of any decision rendered unde~ the provisions of this Section shall be that prescribed in Chapte. 9, Article I, Zoning Code of this City Code. PROHIBITED SIGNS: Signs that are not specifically permitted in this Section are hereby prohibited in all Districts. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on · balcony. .Any sign that obstructs any part of · door*ay or fire escape. ~egular Council Meeting July 13, 1981 page 14 (c) Any sign which because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols which might reasonably be construed as traffic controls, except after approval pursuant to §7.102. (e) An animated or rotating sign, except barber poles and signs dis- playing time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing electrical signs visible from the public right-of-way, other than time and temperature signs, limited to such time and temperature information. A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to such an exterior surface by adhesive or mechanical means. (h) Any roof sign. .(i) A projecting sign which either extends more than eighteen inches (18") from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3') in vertical height. (J) A portable sign. (k) A sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices. (1) Any sign which does not display the name of the manufacturer or maker permanently attached to or painted or printed on the exterior or structural supports of the sign. (m) Any sign which is erected, placed or maintained by any person on a rock, fence, or trees. (n) Any sign which interferes with any electric light, or power, tele- phone, telecommunication, or telegraph wires, or the supports thereof. (o) Any sign containing electrical wiring which does not conform to the Electrical Code under Chapter 6, Article II of this Code or the components thereof do not bear the label of an approved testing agency. (p) Any sign which uses materials or designs in violation of Chapter 6, Article II of this Code. (q) Any window sign or signs which exceed twenty-five percent (25%) of the total area of the window on or in which it is displayed. 9.117A(5) Exempt Signs: In all districts, the provisions of this section shall not apply to the following signs: Regular Council Meeting July 13, 1981 page 15 (a)purposes.Signs of any governmental unit designed for regulatory and safety (b) (c) Hemorial plaques, cornerstones and historical tablets. Political signs in residential areas not to exceed eiEht (8) square feet per surface, and limited to two (2) surfaces, provided they are displayed not more than thirty (30) days prior to an election or referendum and not more than seven '(7) days following said election or referendu~ for which the si~n is being erected. (d) Directional si~s not more than two (2) in number identifying the location and nature of a building, structure, or use which is not readily visible fro~ the street, serving such building, structure, or use on lands forming part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in total area. (e) (f) (g) Signs not exceeding nine (9) square feet in area located upon pri- vate property and directed toward the prevention of trespassing. Window signage which does not exceed twenty-five percent (25~) of the total area of the window on or in which it is displayed. Temporary signs pertaining to drives or events of eleemosynary, educational or religious organizations, provided that such sikhs shall not be erected or posted for a period of more than fourteen (14) days prior to the date .of the event and shall be removed within three (3) days thereafter. (h) Flags or emblems of political, civic, philanthropic, educational or religious organizations. (i) Incidental si~s. (j) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such sl~s are situated, provided the combined area of such stems fronting upon each street which bounds such lot or premises shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of lot area, but need not be less than six (6) square feet. No such temporary on-site si~n shall exceed eight (8) square feet nor re~ain past the date of ter~ination of such offering. One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of houses for sale within a housing project along each street frontage which bounds such sub- division or project, provided that the total area of such sign shall not exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen feet (16') or eight (8) square feet per lot or house for sale. No such on-site temporary sign shall remain past the date of sale of the last lot within the subdivision or the last house within the housing project. ~egular Council Meeting July 13, 1981 page 16 (1) Temporary on-site signs indicating the name and mature of a con- struction or demolition project, plus the names of the contractors, subcontrators, and professional advisors, provided the combined area of such signs fronting upon each street which bounds such pro- Ject shall not exceed a ratio of two (2) square feet of sign area for each one thousand (1,000) square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen feet (16') or eight (8) square feet per house or lot on which such construction or demolition is located. 9.117A(6) The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (m) One (1) wall sign per dwelling for permitted home occupatioms mot to exceed one (1) square foot per surface and limited to one (1) surface. Signs in "R-I" and "R-2" Districts (a) The creation, erection or use of any sign in the "R-i" and "R-2" Districts not exempt under §9.117A($), or not expressly enumerated below, is a violation of this Section. (b) The following signs are permitted in the "R-i" and "R-2" ~Distri~ts: (i) One (1) identification sign per dwelling unit not to exceed one (1) square foot per surface, and l~m~ted to two (2) sur- faces. (ii) One (1) wall or ground sign for each conditional use other than the residential use, not to exceed sixteen (16) square feet per surface, and limited to one (1) surface. (iii) One (1) temporary sign not to exceed six (6) square feet per surface, limited to two (2) surfaces, and subject to the permit requirement ~f §9.117A(3)(b) of this Ordinance. (iv) One (1) institutional sign not to exceed thirty-two (32) square feet per surface, and limited to two (2) surfaces. (c) Permitted signs in the "R-I" and "R-2" Districts are subject to the following restrictions: (i) The maximum height of a sign, including its structures, shall not exceed eight feet (8') above the grade at street level or at the base of the sign, whichever is higher. (ii) No animated signs shall be permitted. (iii) All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. Regular Council Meeting July 13, 1981 page 17 9.117A(7) (iv) The sign number and area permitted by this Section are con- sidered maximu~s. These ~ax~mu~s, or any portions thereof which are not utilized by the owner(s), occupant(s) or user(s) of property located in the "R-i" and/or "R-2" Districts are absolutely non-transferable to any other property owned by such persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts. Signs in "l-3" and "g-~" Districts (a) The creation, erection or use of any sign in the teR-3" ~nd eeR-/~' Districts not exempt under ~9.117A($) or not expressly enumerated below is a violation of this Section. (b) The following signs are permitted in the 'iR-3" and "R-&" Districts: (i) One (1) identification sign per dwelling unit not to exceed two (2) square feet per surface, limited to two (2) surfaces, for each single and two-family residence. (ii) One (1) area identification sign per lot line facing s public street not to exceed sixteen (16) square feet per surface and limited to two (2) surfaces, for each ~ultiple dwelling. (iii) Temporary signs not to exceed eight (8) square feet per sur- face, limited to one (1) surface and limited to one (1) temporary sign per dwelling unit displayed at a single time and subject to the permit requirement of 19.117A(3)(b) of this Ordinance. (iv) One (1) institutional sign not to exceed thirty-two (32) square feet per surface and limited to two (2) surfaces. (c) Permitted signs in the "R-3" and "R-4" Districts are subject to the following restrictions: (i) The maximum height of a sign, including its structures, shall :not exceed eight feet (8') above the grade at street level or at the base of the sign,-whichever is higher. (ii) No animated signs shall be permitted. (iii) All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. llTA(8) (iv) The sign number and area permitted by this Section are con- sidered maximums. These maximums, or any portions thereof which are not utilized by the owner(s), occupant(s) or user(s) of property located in the "R-3" and/or "R-4" Districts are absolutely non-transferable to any other property owned by such persons, or to any other o~mer(s), occupant(s) or user(s) of property in the same or other Districts. Signs in "LB" Districts (a) The creation, erection or use of any sign in the "LB" District not exempt under §9.117A(5) or not expressly enumerated below is a violation of this Section. Regular Council Meeting July 13, 1981 page 18 9.117A(9) (l) (ii) One (1) wall sign on each side of the building which faces a public street, not to exceed fifty (50) square feet per surface and limited to one (1) surface per sign. ; One (1) freestanding sign only if tbs building or structure is located twenty feet (20') or more from the front lot line, not to exceed thirty-two (32) square feet per surface, and limited to two (2) surfaces. (iii) (iv) One (1) wall sign on each side of the building which faces a public alley, not to exceed four (4) square feet per sur- face and limited to one (1) surface per sign. One (1) area identification sign for each shopping center not to exceed fifty (50) square feet per surface, and limited to four (4) surfaces, in addition to one (1) wall sign for each primary use business not to exceed fifty (50) square feet per surface, limited to one (1) surface. (v) One (1) identification sign for each use other than prim-fy use not to exceed two (2) square feet per surface, and limited to one (1) surface. (c) Permitted signs in the "LB" District are subject to the following restrictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of the building or structure. In the case of mul- tiple occupancy, the wall surface for each tenant, user or o~mer shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign including its structure shall not exceed twenty (20') feet above the grade. (iii) The sign area permitted in §9.117A(8)(b)(iv) above shall not be in addition to She area permitted in §9.117A(8)(b) (i) and ~9.117A(8) (b) (ii) and §9.117A(8)(b)(ili). (iv) The sign number and area permitted by this Section are con- sidered maximums. These maximums, or any portion thereof, which are not utilized by the o~er(s), occupant(s) or user(s) of property located in the "LB" District are abso- lutely non-transferable to any other property owned, occupied or used by such persons, or to any other o~mer(s), occupant(s) or user(s) of property in the same or other Districts. .Signs in "CBD" Districts (a) The creation, erection or use of any sign in the "CBD" District not exempt under §9.117A(5) or not expressly enumerated below is a violation of this Ordinance. 'Regular Council Meeting July 13, 1981 ('~e-- 19 (b) The foilowing signs are permitted ia the "¢BD" District: (i) One (i) vale sign on each side of the building~hich faces a public street, not to exceed one hundred (100) squ~re feet"per surface, and limited to one (1) surface per sign. (ii) One (1) freestanding sign, only if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed thirty-t~o (32) square feet, and li=~tted to two (2) surfaces. (iii) One (1) wall sign on each side of the building which faces a public alley, not to exceed four (4) square feet per sur- face and limited to one (1) surface per sign. (iv) One (i) area identification sign for each shopping center not to exceed one hundred .(lO0) square feet per surface, and limited to four (4) surfaces; one (1) wall sign for each primary use business, not to exceed one hundred (100) square feet per surface, and limited to one (1) surface. (c) (v) One (1) identification sign for each use other than prt~sry use, not to exceed two (2) square feet per surface, and limited to one (1) surface. Permitted signs in the "CBD" District are subject to the following restrictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign, including its structures, shall not exceed twenty feet (20') above the grade. (iii) The sign are permitted in §9.117A(b)(iv) shall not be in addition to the area permitted in §9.11?A(9)(b)(i), §9.117A (9) (b) (ii) , and §9.117A(g)(b)(iii). (iv) The sign number and area permitted by this Section are con- sidered maximums. These maximums, or any portion thereof, which are not utilized by the osmer(s), occupant(s) or user(s) of property in the "CBD" District are absolutely non-trans- ferable to any other property owned, occupied or used by such persons or any other owner(s), occupant(s) or user(s) of property in the same or other Districts. 9.iiTA(i0) Signs in "'RB" and "GB" Districts (a) The creation, erection, or use of any sign in the "EB" and "CB" Districts not exempt under §9.117A(5) or not expressly enumerated bel~, is a violation of this Ordinance. Regular Council Meeting July 13, 1981 page 20 (b) The following signs are permitted in the "KB" and "GB" Districts: (c) (i) One (1) wall sign on each side of the building which face~ a public street, not to exceed one hundred (100) square feet per surface, limited to one (1) surface per sign. (ii) One (1) freestanding sign on/y if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed seventy-five (75) square feet per surface, and limited to two (2) surfaces. (iii) One (1) wall sign on each side of the building which faces a public alley, not to exceed four (4) square feet per sur- face and limited to one (1) surface per si~n. (iv) One (1) area identification sign for each shopping center, not to exceed one hundred (100) square feet per surface, limited to four (4) surfaces, in addition to one (1) wall sign for each primary use business, not to exceed one hundred (100) square feet per surface, limited to one (1) surface. (v) One (1) identification sign for each use other than primary use, not to exceed two (2) square feet per surface, and limited to one surface. (vi) Billboards located adjacent to public streets with speed limits of forty-five miles per hour (45 mph) or more, placed at a minimum of five hundred feet (500') intervals, not to exceed three hundred (300) square feet per surface and limited to two (2) surfaces. Permitted signs in the "RB" and "GB" Districts are subject to the following regulations: (i) Total signage shall not exceed two (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user, or owner. (ii) The maximum height of a sign, including its structures, shall not exceed thirty feet (30') above the grade. (iii) The sign area permitted in §9.117A(10)(b)(iv) shall not be in addition to the area permitted in §9.117A(10)(b)(i), §9.117A(lO)(b)(ii), and §9.117A(10)(b)(iii). (iv) The sign number and area permitted by this section are con- sidered maxim,,~. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property located in the "RB" and/or "GB" Districts are absolutely non-transferable to any other property owned, occupied or used by such persons or to any other owner(s), occupant(s) or user(s) of property located in the same or other Districts. Re. gular Council Meeting 21 9.117A(11) Signs in "I" Districts (a) The creation, erection or use of any sign in the "I" District mot ~xempt under i9.11?A{)) or uot expressly enumerated below, Ks · ~ violation of this Ordinance. {b) The following signs are permitted in the "I" Distr~ct: (i) One (1) va11 sign per lot line vhich faces a public right of ,way, not to exceed one hundred (100) square feet per surface, and limited to one (1) surface. (ii) One (1) freestanding sign only if the building or structure is located twenty feet (20') or more from the front lot lime, ~ot to exceed one hundred (100) square feet per surface, and limited to ~wo (2) surfaces. (iii) One (1) identification sign for each use other than primary use, not to exceed two (2) square feet per surface, and limited to one (1) sign. (iv) Billboards located adjacent to public streets with speed limits of forty-five miles per hour (&5 mph) or more, placed at a minimum of five hundred feet (500') intervals, not to exceed three hundred (300) square feet per surface, and limited to two (2) surfaces. (cb Permitted signs in the "I" District are subject to the following regulations: (i) Tot·! sign area shall ~ot exceed ~wo (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user, or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii;) The maximum height of a sign including its structures shall not exceed forty feet (40') above the grade. (ii:i) The sign number and area permitted by this Section are con- sidered maximums. These maximums~ or any portion thereof, vhich are not utilized by the owner(s), occupant(s) or user(s) of real property located in the "I" District are absolutely non-transferable to any other property owned, occupied, or used by such person(s) or to any other owner(s), occupant(s), or user(s) of real property located in the same or other Districts. ~. 9.117A(11) Sitns for Non-Conformint Residential Uses Regular Council Meeting Jul,y 13, 1981 page 22 (a) Sign number and area for residential uses in Commercial, Business~ or Industrial Zones are limited to the maximum number and area for the actual use of the subject property if properly zoned for the actual use of the sa~d subject property. Section 4: Section 9.107(3)(g) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Signs as regulated in Section 9.116(7) of this Ordinance." Ks herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" Section 5: Section 9.109(3)(d) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Signs as regulated in Section 9.116(7)" is herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" Section 6: Section 9.112(3)(f) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Signs as regulated in Section 9.116(7) of this Ordinance" is herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" Section 7: Section 9.113(3)(d) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Signs as regulated in Section 9.116(7) of this Ordinance" is herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" Section $: Section 9.115(1)(j) of Ordinance Nd. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Billboards and signs" is herewith amended to read as follows, to-wit: "Billboards as regulated by and to the extent permitted by Section 9.117A" Section 9: Section 9.115(3)(c) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Signs as regulated in Section 9.116(2) of this Ordinance" · ~egular Council Meeting July ]3, ]981 page '23 is herewith amended to read as follows, to-wit: "Signs as reguIated by and to the extent permitted by Section 9.11?A" Section 10: Section 9.115(3)(c) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Signs: No signs shall be located :in any parking area except as necessa~, for orderly operation of traffic movement, and such signs shall not be a part of the per~itted advertising space." is herewith amended to read as follows, to-wit: "Signs: No sign shall be located in any parking area except as necessary for the orderly operation of traffic movement or park- ing regulation. Such signs shall not be considered a part of the per=itted advertising space and shall be subject to regula- tion pursuant to Section 9.117A." Section 11: Section 9.116(18)(k) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Motor fuel stations may have one pedestal type nameplate sign not to exceed 26 feet in height erected within any yard, except that no part of said sign shall be less than six (6) feet from a lot line. Said sign. shall not have more than two (2) display surfaces each of which shall not exceed 30 square feet." is herewith repealed. Section 12: This Ordinance shall be in full force and effect 'from and after thirty (30) days after its passage. First readin[: Second reading: Date of passage: June 8, 1981 July 13, 1981 July 13, 1981 Offered by: Logacz Seconded by: Heintz Roll Call: All ayes Bruce G. Nawrocki, }~yor Jo-Anne Student, Secretary ~o the Council Regular Council Meeting July 13, 1981 page 24 ~. Second Reading of Ordinance No.956 being an ordinance amending Ordinance No.853, City Code of 1977, by amending Chapter 5, Section 41 of the Charter of the City of Columbia Heights pertaining to action of Council on Petition. The revisions had been recommended by the Charter Commission. Councilman Norberg felt the phrase "three months" was im- precise and the thought would be better served by the use of "ninety days". The chairman of the Charter Commission said this will be considered at the Commission's next meeting. Motion by Heintz, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 956 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, BY AMENDING CHAPTER 5, SECTION 41 OF THE CHARTER OF THE CITY OF COLUMMIA HEIGHTS PERTAINING TO ACTION OF COUNCIL ON PETITION The City Council of the City of Columbia Heights does ordain: Section 1: CHAPTER 5, SECTION 41 of The Charter of the City of Columbia Heights which reads as follows, to-wit: "ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not less than three months after the date of the final action by the council, and if no elec- tion is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than ~orty-five days from such date. In case the council passes the pro- posed measure with amendments and at least four-fifths of the committee of petitioners do not express their dis~atisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the.elec- t ors." is herewith amended to read as follows, to-wit: "ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the p;oposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three .... ~- ~+~ +~o ~ .~ ~h~ ~1 .~t~on by the council, and if no other- Regular Council Meeting July 13, 1981 page 25 Section 2: then the cour~cil shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure vith amendments and at least four-fifths of the com~ittee of vetitioners do not e~ress their dissatisfaction~rith such amended formby a certificate filed vith the city clerk vithin ten days from the passage thereof by the council, then the measure need not be submitted to the ele6tors." The appendix section of Ordinance No. 853, City Code of 19?7,'passed June 21, 1977, is herevith amended to contain the said Charter amend- ment. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its publication- First reading: Second reading: Date of Passage: May 26, 1981 July' 13, 1981 Jul),. 13, 1981 Offered by: Seconded by: Roll Call: Logacz Hentges A11 ayes Bruce G. Na~rrocki, Mayor Jo-Anne Student, Secretary to the Council c. Second Reading of Ordinance No.957 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to the rezoning of certain real estate. This ordinance would change the zoning from Limited Business to Retail Business for parcels located at 4901 and 4905 Central Avenue. Motion by Norberg, second by Hentges to waive the re~ding of the ordinance there being ample copies available to the public. Roll call: All ayes Councilman Heintz had two concerns with this rezoning. He feels there should be a service road that would be contiquous with the road in front of the shopping center north of these parcels. Also, the parcel at 4911 Central would be left standing alone in a different zoning. Motion by Heintz to table t!his item until later in this meeting. Motion dies for lack of a second. Discussion followed concerning the impact this rezoning and expansion of the DeLaria's Kitchen may have on the adjacent properties. The Mayor is concerned about the buffer area being proposed and its maintenance. The ordinance was offered by Hentges, second by Logacz. Ro11 call: Logacz, Norberg, Hentges-- aye Heintz, Nawrocki--nay Motion fails. A ten minute recess was called. Motion to reconsider the vote on the motion to adopt Ordinance No.957 by Nawrocki, second by Norberg. Roll call: Logacz, Norberg, Hentges, flawrocki--aye Heintz--nay ( tion by Nawrocki, second by Norberg to continue this item until the next regular Council lng. The Mayor wants notices of this matter and the time it is scheduled to be consid- again to be sent to all parties whose properties will be affected. Roll call:Logacz, Norberg, Hentges, Nawrocki--aye Heintz--nay d. Second Reading of Ordinance No.959 being an ordinance amending Ordinance No.85~, City Code of 1977, pertaining to rezoning of certain real estate. The parcel involved in this ordinance is at 4911 Central Avenue. Regular Council Meeting July 13, 1981 page 26 .otion by Norberg, second by Hentges to continue this matter until the next regular Council meeting on July 27th. Roll call: All ayes e. Resolution 81-39, a resolution to enter into agreement with Metropolitan Waste Control Commission to participate in the Infiltration/Inflow analysis program. The purpose of this resolution is to indicate out committment to provide 10% of funding to finance the cost of the study and authorizes the Mayor and City Manager to execute an agreement to undertake the study, monies to come from the sewer fund. Motion by Norberg, second by Heintz to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTIOI~ 81- 39 RESOLUTION TO ErlTER INTO AGREE~IEr~T WITH THE METROPOLITAtl WASTE CONTROL COMMISSIOI~ TO PARTICIPATE IN THE INFILTRATIO/~/ INFLOYJ ANALYSIS PROGRAM (l/I) WHEREAS, it has been determined to be in the best interest of the City of Columbia Heights, Minnesota to enter into Agreement with the Metropolitan Waste Control Commission to participate in the Infiltra- tion/Inflow Analysis Program, and ~HEREAS, the City of Columbia Heights is aware that in order to partici- pate in said Infiltration/Inflow Analysis Program, the City will have to provide a ten percent (10%~ local share of the cost for said Program. NO~J THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINt~ESOTA, AS FOLLOWS: That the City of Columbia Heights shall enter into an Agreement with the Metropolitan ~laste Control Commission to participate in the Infiltration/ Inflow Analysis Program, and That the City of Columbia Heights hereby agrees to provide ten percent (10%) of the local share of the project. PASSED A!~D ADOPTED BY THE CITY COUNCIL OF tHE CITY OF COLUt~DIA HEIGHTS THIS 13th DAY OF July , 1951. Offered by: Norberg Seconded by: flentges Roll Call: All ayes BRUCE G. NAWROCKI, ~IAYOR ATTEST'~_ Jo-Anne Student, City Council Secretary Regular Council Meeting July 13, 1981 page 27 iesolution authorizing acquisition of real estate property for Downtown Development. on by Norberg, second by Heintz to waive the reading of the resolution there being ample copies available to the public. Ro11 call: Al1 ayes Motion by Norberg, second by Heintz to table this matter until the special Council me- eting scheduled for Tuesday, July 14th. Roll call: AIl ayes g. First Reading of Ordinance No. 962, being an ordinance amending Ordinance No.853, City Code of 1977, conveying certain real estate to the Housing and Redevelopment Au- thority of Columbia Heights. Notion by Heintz, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ali ayes ORDINANCE NO. 962 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CIT~ CODE OF 1977, CONVEYING CERTAIN REAL ESTATE TO THE ROUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Reights does ordain: Section 1: The City of Columbia Heights shall sell and convey to the Housing and Redevelopment Authority of Columbia Heights, Minnesota, the following-described real estate being in the County of Anoka, State of Minnesota, to-wit: The Westerly 20 feet of Lot 34, Block 5, 'Reservoir Hills", according to the plat thereof on file and of record in the office of the County Recorder in and for Anc.ka County, Minnesota. Section 2: The Mayor and City Hanager are herewith authorized to execute Quit Claim Deeds to effect the conveyance of the City's pres- ent interest and any and all interest acquired by the City of Columbia Heights subsequent to the effective date of this ordinance in a condemnation proceeding and/or adverse possession action to be commenced against the record owners of the property and their heirs pursuant to Resolution No. 81- Section 3: The purchase price shall be $ 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: July 13, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrock/, Hayor Jo-Anne Student, Secretary to the Council Regular Council Meeting July 13, 1981 page 28 Communications a. Traffic Commission l. Downtown Development Construction-Parking Ramp Motion by Hentges, second by Norberg, upon recommendation of the Traffic Commission, that the contractor for the parking lot be permitted to place a snow fence six feet north of the south curb of 40th Avenue from the east line of the "Sir Waxer"property to the east line of the parking ramp property and thus fence off the area for the protection of pedestrians and 40th Avenue traffic; and that a similar fence be erec- ted ten feet south of the north curb line of Gould Avenue adjacent to the parking ramp property and that the first seven parking spaces on the south side of Gould begin- ning at the alley east of Central be signed "no parking" for the duration of the con- struction, and that the "no parking" be limited to the first I40 feet east of the alley. Roll call: All ayes 2. Downtown Development-Shopping Center Motion by Hentges, second by Heintz to concur with the recommendation of the Traffic Com- mission and of Anoka County regarding the Shopping Center development on 40th AYenue: a. The loading docks should be accessed from the service drive, not from 40th Avenue. They should be situated so as to alleviate any necessity of backing trucks off of 40th. b. The exits from the drive through bank between 40th and Gould should be aligned to be directly opposite the exit from the supermarket parking lot. c. A four-lane (48 foot wide) roadway on 40th Avenue should be the minimum acceptable design for this street. ~oll call: Ali ayes 3. 42nd and Jefferson Street Motion by Norberg, second by Heintz to create a "no parking" zone 40 feet back from the intersection on the east side of Jefferson Street. Roll call: All ayes 4. 40th and Jefferson Street Motion by Heintz, second by Hentges to concur with the recommendation of the Traffic Com- mission to erect two additional signs to be placed at 40th Avenue and Jefferson Street in addition, that wheel-stops and stop ahead messages be painted at each of the two east bound and each of the two west bound lanes for 40th and Jackson, as well as, 40th and Jefferson. Roll call: All ayes b. Planning and Zoning Commission 1. Marian Tesmar, 4445 Jefferson Street, Conditional Use Permit and Privacy Fence Motion by Hentges, second by Heintz to concur with the recommendation of the Planning & Zoning Commission, to approve the conditional use permit contingent on the requirement that the sides and back of the solar-panel structure be entirely closed for aesthetic purposes. Councilman Norberg felt that this situation may create something in the future that would be non-conforming. He also thinks this panel could be considered as equipment not as a structure. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay 2. Jon Sweeney, 2917 Troseth Road, Roseville Zoning Amendment Mr. Sweeney wishes to operate an amusement center/arcade in the Little Chief Shopping Center. He requested a zoning appeal from the Planning and Zoning Commission. The zoning code does ot specifically state arcade or amusement centers are permissable uses in RB zoning district or any zoning districts. A recess was called so the City Attorney could advise the Council of some of the specifics of the zoning code that would apply to this type of operation. Motion by Hentges, second by Logacz to table this matter for further information from the City Planner, information from other communities that have a similar type of operation, Regular Council Meeting July 13, 1981 ge 29 and that the City Attorney be instructed to draft an ordinance, if one Is necessary, to speak to this type of operal:ion. Roll call: All ayes 3. Environmental Impact and Design Review Committee The City Manager explained 1:he purpose of this committee would be to establish guidelines to control facades of commercial businesses in the downtown area. Its function would not to be oversee guidelines, just to establish them. Councilman Hentges feels that the Down- town Council could do the same thing. Councilman Norberg felt this should be the respon- sibility of the Planning and Zoning Commission. Creating another committee would only serve to delay was his opinion. 4. Planned Unit Residential Development Ordinance The Planning and Zoning Comrnission reviewed a proposed PURD Ordinance to replace the existing ordinance. They feel the new ordinance is a conslderable improvement over the existing ordinance. The members of the Council received a copy of the new ordinance for review. c. DeLaria's Kitchen, Inc., IO55 Wayzata Blvd. Rezoning and Conditional Use Permit The request is for approval to rezone from Limited Business to Retail Business at 4901 and 4905 Central and a conditional use permit to construct and operate an upgraded and expanded Kentucky Fried Chicken Restaurant. flotion by Norberg, second by Heintz to table consideration for the conditional use permit the next regular Count:il meeting. Roll call: All ayes ague of Minnesota Cities-Annual Dues Motion by Heintz, second by Logacz to authorize the payment of membership dues to the League of Minnesota Cities for dues year 1981-1982 in the amount of $4,853.1t was noted the dues have dropped significantly since the 1980-1981 payment and shall drop approxi- mately $2,000 for the 1982-[983 period. Roll call: All ayes e. Association of Metropolitan Municipalities Seminar--Tax Law Informational material regarding this seminar has been received and discussion followed as to whom should attend this seminar. f. League of Minnesota Cities' Action Alert A letter from the League was received regarding the~ollowing items: 1. "Ail Saver Certificates" may threaten the municipal bond market 2. Congress may act to restrict or prohibit |ndustrial development revenue bonds. Discussion followed concerni'ng the Council's position on these ~atters. Motion by Hentges, second by Heintz to direct the City Manager to contact the State Congres- sional delegation indicating the City's opposition to any changes in the Industrial Development Revenue Bonds. Roll call: Logacz, Meintz, Hentges, Nawrocki--aye Norberg--nay 7. Old and New Business a. Old Business 1. Agreement to Use Columbia Junior High School for Recreation (Memorandum of Understanding) ~:City Manager gave a report of what transpired at the most recent School Board meeting that 'J~ttended. The School Board would like transfer of title for the properties to the City as~soon as possible but the City Manager advised the BOard this may not be possible because the actions of the Council regarding the Community Center may be subject to a referendum. The School Board said they would probably be willing to pay fifty percent of the costs Incurred for the recreational prograr~s if they were held at Columbia. The total budget, as estimated by the School Board, for the recreational programs would be $40,000. The School Board agreed they would get involved in no capital expenditures of Columbia. The City Council had expressed 'Regular Council Meeting July 13, 1981 page 30 similar sentiment. At this point in time the City's budget includes enough funds to ~Jrticipate in the September through December, )981 program. $19,300 of funding is avail- able. The City Manager gave additional details from the School Board meeting regarding the Memorandum of Understanding between them and the City. Motion by Logacz, second by Hentges to authorize the Mayor and City Manager to execut~ a Memorandum of Understanding between the City of Columbia Heights and School District for the temporary use of Columbia Junior High School for recreation programs sponsored by the Recreation and Community Services Commission. The City Manager told the Council that the estimated costs until December 31, 1981 was proximately $17,500. This falls within what the Council has budgeted. The Mayor had concern with the intent of paragraph four of the Memorandum of Understanding which spoke to who would pay what expenses. The City Attorney suggested different language for this paragraph be sub- stituted for c)arity. He said to de)ere sentences four and five and replace with the fol- lowing, "The City shall incur the operating expenses during the remainder of 1981 and the School District's proportional share of such operating expenses shall be due and payab)e to the City on January 8, 1982" These changes were accepted by the maker and seconder of the motion. The Mayor cannot support this agreement because he feels it still does not meet the needs of the recreation program for the entire year or season. Roll call: Logacz, Norberg, Hentges--aye Heintz, Nawrocki--nay Motion passes Much discussion followed regarding how it could be determined what would be needed to be done to Columbia Junior High School if it were to be selected as the site for the Community Center. Motion by Hentges, second by Nawrocki, that hereby be it resolved that the City Manager be authorized to engage a consultant to make a report on the Columbia Junior High School for the proposed Community Center usage, and that in the amount of money up to $25,000, be authorized from the General Unallocated Fund for that purpose. Roll call: Logacz, Heintz, ~entges, Nawrocki--aye Norberg--abstain b. New Business 1. Request to Purchase City-Owned Property A letter was received from Leonard Barott, 5014 7t~ St.~ requesting to buy a ten-foot strip of land located north of his property. His offered purchase price is $500.00 and intended use is for additional parking area. Motion by Hentges, second by Logacz to direct the City Manager to prepare an ordinance authorizing the sale of the ten-foot strip of land located north of 5014 7th Street. Councilman Norberg recalled that a previous estimate on the value of this strip was somewhat higher than the price being offered. Roll call: Logacz, Heintz, Nawrocki--aye Norberg--nay Hentges--absent 2. Employee Assistance Program Contract Renewal Motion by Heintz, second by Logacz that the Mayor and City Manager be authorized to execute an agreement with the Metropolitan Clinic of Counseling,Inc. for diagnostic and referral services as a base retainer of $728 for the period June 1, 1981 to May 31, 1982. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain 3. Request to Hold Block Party on 2nd Street Between 44th and 45th Avenues Motion by Heintz, second by Logacz to authorize a block party to be held on Second Street between 44th and 45th Avenues on August 15, 1981, between 3pm and llpm. Roll call: All ayes 4. Fencing at LaBelle Park Motion by Norberg, second by Hentges to direct the City Manager to seek easements from the ~d~ire back lots a)ong LaBelle Park for the purposes of erecting ten-foot fencing. Roll C~ll: All ayes 5. Award of Bid-Sullivan Lake Park The City Manager reviewed all parts of the proposals for this project including the deducts and put-backs. The Public Works Director again presented the plans for this park with maps Regular Council Meeting July 13, 1981 page 31 graphs.The City Manager also gave details of a meeting on the previous Friday held :he Park Board regarding this item. A petition had been received by the Mayor from some residents indicating their opposition to the proposed pathway encircling the entire lake. Motion by Norberg, second by Logacz to accept the petition from homeowners regarding the proposed pathway received by the Mayor. Roll call: All ayes Motion by Logacz, second by Heintz to award the Sullivan Lake Park development project to Minnesota Valley Landscape, Inc. for a base bid of $482,168.10, with the additional monies of $116,O00.OO to be transferred from the Sullivan Lake Fund and designated for completion of the Park, with no deducts. Councilman Norberg had serious reservations about putting a paved pathway all the way around the lake. Me thinks it should not extend on the southside close to the residences. Also, he feels paving it will encourage bicycle traffic, making it so wide will accommodate vehicular traffic rather comfortabl~and such activities as jogging or walking will be lost. Roll call: Logacz, Heintz, Hentges, Nawrocki-- aye Norberg--nay 6. Authorization to Seek Bids for Dump Truck Motion by Hentges, second by Logacz to authorize the City Manager to seek bids with regard to the purchase of a 27,500 gvw truck with dump truck. Roll call: All ayes 7. Metropolitan Transit Commission Shelter Cooperation Agreement-Financial Participation The shelter in question is located on the north side of 40th Avenue at 965 qOth. Motion by Logacz, second by Hentges to authorize the Mayor and City Manager to execute a passenger-waiting shelter cooperation agreement with the Metropolitan Transit Commis- sion at a cost not to exceed $500.00. Roll call: All ayes Authorization to Proceed with Change Order Regarding Relocation of qlst Avenue change order concerns a storm drain that would be constructed on ~lst Avenue to ac- commodate the new development in that area and protect properties on ~2nd Avenue from being adversely affected. Councilman Hentges feels the costs for this construction should be assessed back to the benefitting property owners, namely the developer of the condominium and apartment ¢:omplex. It was also felt this matter should be considered at an HRA meeting. Motion by Heintz, second b,/ Mentges to table further consideration of this matter until the Special Council meeting on July 14th. Roll call: All ayes Other New Business a. Fire Cadet Recognition Councilman Norberg requested some consideration be given for having a special event in recognition for the work and efforts done by the Fire Cadets. He suggested it could be along the same line as the outing given for the Fire and Civil Defense Volunteers. b. Immaculate Conception Church Council Meeting Regarding Jackson Street The City Manager reported on his meeting with the ICC Council and gave the details discussed concerning seal coating or restoration of Jackson Street. It was agreed that the street is in poor condition and they would appreciate some cost estimates and would also like to have a public hearing on this improvement. Motion by Heintz, second by Logacz to include this improvement on the agenda for the public hearing scheduled for November 16, 1981. Roll call: All ayes 8. Reports a. Report of the City Mam)ger This report was presented in writing and a few of the items were discussed. b. Report of the City Attorney The City Attorney requested an Executive Session directly after the Regular Meeting tonight. Regular Council Meeting July 13, 1981 )age 32 was noted by the Police Chief that Mr. Doug Whaley had withdrawn his request for a fund- Kaiser barbecue at this ti'me. )t may be a consideration for next spring. 9. Licenses Motion by Heintz, second by Hentges to grant the licenses, as listed, upon proper payment of fees. Roll call: All a)~es 10. Payment of Bills Motion by Heintz, second by Logacz to approve the bills as listed with payment of fees out of proper funds. Ro11 cal'l: All ayes Adjournment Motion by Heintz, second I)y Logacz to adjourn the meeting at 2:05 am~ Bruce G. Nawrocki, Mayor ~,C);Ann~Student, Counc-F1 :Secretary