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Home My WebLink AboutJun 8, 1981Official Proceedings :ol imbia Heights City Council Regular Meeting 8, 1981 The meeting was called to order by Mayor Nawrocki at 8:04 pm. 1. Roll Call Heintz, Hentges, Nawrocki--present Logacz, tlorberg--absent Councilman Logacz had left a message that he would be joining the meeting at 9:00 pm. 2. Invocation The Invocation was offered by Jo-Anne Student, Council Secretary. 3. Minutes of Previous Meetings Motion by Heintz, second by Hentges to approve the minutes of the Special Council Meeting of May 18th; the Public Hearing of May 26th; the Regular Council Meeting of May 26th; and the Board of Trustees Fire Department Relief Association, Volunteer Division of May 26th; as presented in writing, and that the reading be dispensed with. Roll Call: All ayes. 4. Oral Petitions A number of residents expressed concern with what is being considered for the northeast end of Huset Park. Some improvements were planned for this area. The Public Works Direc- tor explained that an application for a grant has recently been submitted and, as yet, nothing had been positively planned or considered. The residents were advised that they would not be formally notified, that is by mail, when these plans were finalized, but advised them to give their names to the Public Works Director and he would see that they would be told of any meetings reqardino these particular plans and they would be welcome to attend. 5.'Ordinances and Resolutions a. Second Reading of Ordinance No.955 being an ordinance amending Ordinance No.853, City Code of 1977, related .to off-sale liquor sales This ordinance extended the hours of operation for the City's off-sale liquor stores to 10 pm on Fridays and Saturdays Motion by Heintz, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 955 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATED TO OFF-SALE LIQUOR SALES The City Council of the City of Columbia Heights does ordain: Section 1: Section 4.401(4)(a) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: No "Off-sales" of intoxicating liquor shall be made on New Year's Day, Independence Day, Thanksgiving Day, or Christmas Day, on any Sunday after the hour of 1 a.m., nor between the hours of 1 a.m. and 8 p.m..on the day of any state-wide election. Sales on Monday through Friday shall be between the hours of 8 a.m. and 8 p.m. unless such day precedes an above-named holiday. Sales on Saturday and any weekday preceding the above-named holi- days shall be between the hours of 8 a.m. and 10 p.m. Regular Council Meeting June 8, 1981 page 2 is herewith amended to read as follows, to-wit: No "Off-sales" of intoxicating liquor shall be made on New Year's Day, Independence Day, Thanksgiving Day, or Christmas Day, on any Sunday after the hour of 1 a.m., nor between the hours of 1 a.m. and 8 p.m. on the day of any state-wide election. Sales on Monday through Thursday shall be between the hours of 8 a.m. and 8 p.m. unless such day precedes an above-named holiday. Sales on Friday, Saturday, and any weekday prece'ding the above-named holidays shall be between the hours of 8 a.m. and 10 p.m. Section 2: 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: May 26, 1981 June 8, 1981 June 8, 1951 Offered by: Heintz Seconded by: Hentges Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council b. First 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 Heintz, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 948 BEING AN ORDINkNCE AMERCING ORDINANCE NO. 853, CITY CODE OF 1977, PERIAINING TO THE ESIABLISHM~ER~ OF A MORE RESTRICTIVE SIGN CODE The City Council of the City of Columbia Heights does ordain: Section 1: Sections 9.103(66) through 9.103(72), inclusive, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.103(66) - Si~n-Outdoor: Any object which indicates a name, identification, description, display or illustration which is affixed to or re- presented directly or indirectly upon a building, structure, 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. ~egular Council Meeting June 8, 1981 page 3 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 siEnwhich 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 ~rofession conducted or to a commodity, service, or entertain- ment sold or offered on the premises on which such sign is lo- cated or to which it is affixed. 9.103(70) - Sign-Flashing: Any illuminated sign on which the artificial ~ight 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) - $i~n-Illuminated: Any sign which has characters, letters, fi- gures, designs, or outline illuminated by electric lights or luminous tubes as a part of the sign proper." are herewith repealed. The City Attorney is herewith authorized to renumber the Zoning Code (Article I of Chapter 9) of the City Code of 1977 to reflect Section 2: Sections 9.116(7) through 9.116(13), inclusive, of Ordinance ~o. 853, ~ity Code of 1977, passed June 21, 1977, which read as follows, to-wit: "9.116(7) Signs, Advertising Lights and Devices LOcated Outside o~ Bulld{ng$ (a) General Provlslons: Signs, advertising lights and devlces shall be governed by the following pro¥islons and such other regulatlons as herein stated. (b) Definition of Signs: See~Sectlons 9.103(66) through 9.103(70). (c) This Ordinance shall not apply to any display of directional signs, street name signs or other signs which have'received City Councll ~pproval and erection authorized by the Clty, or to any on-site private instructional signs which are so located and intended to ald persons who are on the private parcel of land provided that such instructional signs shall not exceed an area of ~ square feet. (d) A slgn'is a structure or a part of a structure for the purpose of applylng yard and height regulatlons. (e) Signs are prohibited within the public right-of-way except that the City Council may grant a conditional permit to locate signs and decorations on or within the right-of-way for a specified time not to exceed sixty.(60) days and subject to the laws'of Minnesota. Regular Council Meeting June 8, 1981 page 4 (f) Signs and parts of the superstructure may extend into the required yards or publlc right-of-way a distance not in excess of eighteen (18) Inches when flat against the building. Illuminated signs or devices giving off an intermittent, steady or rotating beam comprising a collection or concentration of rays of light shall not be permitted in any district. Illuminated flashing signs shall not be permitted. for purpose of selllng or leasing property, in any district, a slgn not in excess of twenty-five (25) square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than fifteen (15) feet from the right-of-way line unless flat against the structure. (k) (1) . (=) For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more or an industrial 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 maintained until 9O~ of the units have been rented or leased. At such time, the sign shall be removed. Signs existing on the effective date of this Ordinance which do not conform to the regulatlons set forth in the Ordinance ere a non-conforming use. The area within the frame shall be used to calculate the square footage except that wldth of a frame exceeding twelve (12) Inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fuscla or in such a way as to be without a frame, the dimensions for calculatlng the square footage shall be the area extending six (6) Inches beyond the periphery formed around such letters or graphics In a plane figure, bound by straight lines connecting the outer most points thereof, and each surface utilized to dlsplay a message or to attract attention shall be measured as a separate sign. 'Any symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walks, awnings, free-standing strutures, suspended by balloons or kites or on persons, animals or vehicles shall be considered as a sign. The top of any such sign, including its superstructure of any shall be no higher than the roof of the building to which such sign may be attached. 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 sh'all such sign height exceed 35 feet. 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 two ~ays after. Regular Council Meeting June 8, 1981 page 5 9.116(8) Signs in "R" Olstr$cts Within the "R" District the followlng signs are permitted: (a) One (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 nora than two surfaces for advertising purpose. (bi 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 resldential and such sign shall not exceed twelve (12) square feet in area per surface. (d) Symbols, statues , sculptures and integrated archltectural features on non-resldentlal buildings may be i11umlnated by flood ilghts provided the direct source of light is not vislble from the publlc right-of-way or adjacent residentlal' district. S_~ns in the "LB" District ~ithin the LB District nameplate signs and buslness slgns are permitted subject to the followlng regulatlons: githin the LB District the aggregate square footage of advertising space per lot shall not exceed the sum of two (2) square feet for each front foot of buildlng fronting on a public right-of-waY, plus one (!) square foot for each front foot of buildlng allocated to non-residential use. No individual slgn shall exceed fifty square feet of area per surface. S__igns in the "CBD" District Within the CBD District nameplate signs, advertising signs and business signs are permitted subject to the following regulations: (b) The.aggregate square footage of advertising space per lot shall not exceed the sum of three (3) square feet for each front foot of building plus one (1) square foot for each front foot of buildlng siding on a street which has a width of fifty (50) feet. No individual sign shall exceed three hundred (300) square feet of area per surface. Regular Council Meeting June 8, 1981 page 6 9.116(11) Signs In the "RB" an~ "GB" District Within the RB-GB District, nameplate, business and advertising signs are permitted subject to the follc,~ing: (a) The aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one (!) 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 ~ore in width. The least width of a lot for purposes of this Ordinance shall be the front. No lndlvidual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to Cause an advertising surface over one hundred and fifty (150) square feet. The one exception is that when an advertising sign located as the principal use of the site, it may be up to six hundred (600) square feet with permitted aggregate square feet having fifteen (15) square feet per front foot of int. 9.116(12) Signs In the "1" Use District Within the "1" Use District, nameplate signs, business signs and advertising signs shall be permitted subject to the followlng regulations: The aggregate square footage of sign space per 1or shall not exceed the sum of four (4) square feet per front of building, plus one (1) 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 f_ifty (250)_~square feet_o[_surfac~. ~. i16 (13) ~e~lacement Signs (a) (b) ii) iii) A sign on any parcel that is mort-conforming under Ordinance ~o. 818 be- cause of its size may be replaced withim a period of three (3) months after the destruction of such sign by another mon-conformimg sign so long as the replacement sign: i) decreases the aggregate square footage of sign space on the lot or parcel on which such sign ~s located; does mot increase the size of any individual sign surface; and does ~ot increase the number of signs or si~'~ :~';::-frees on the lot _or parcel. Before any permit 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: Regular Council Heeting June 8, 1981 page 7 g.116(13) - continued ! have been advised thmt the Councll of the City of Co2.~nbia Heights is presently considering the ·doption of an Ordinance which may require the removal of the sign which ! propose to erect within · period not to exceed three (3) years. Should the City Council pass an Ordinance requiring such removal, ~ agree to remove the sign in ·ccordance with that Ordin·nce. Applic·nt (c) (d) No person, fir~ or corporation shall construct or erect · si~n in the City of Columbia Heights without having first obtained · per- mit therefor. No person, fir~ or corporation shall permit · sign to exist on property owned, occupied, or used by that person, firm or corporation w/thout having first obtained · permit for such sign. The pem/t fee for the construction of signs nay be set by Resolu- tion of the City Council and may vary according to the size thereof." are herewith repealed. Section 3: Section 9.117A of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to- wit: ~gular Council Meeting June 8, 1981 page 8 SECTION 17A 9.117A(1) SIGNS, ADVERTISING LIGHTS AND DEVICES LOCATED OUTSIDE OF BUILDING OR STRUCTU1LE Definitions The following words and terms, whenever they occur in this Ordimance, are defined as follows: (a) Alteration: A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. (b) 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 multiple dwelling unit. (d) Banner, Flag or Pennant: A sign made of a flexible material, such 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, Au~ing or Marquee: 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) Ca___noR}', A~ing or Mar~qe~e Sign: A sign suspended from or forming part of the canopy, au~ing, or marquee which does not extend horizontally beyond such canopy, a~ing or marquee. (j) Ch~n_j~eable 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~ng Sign: A sign which displays copy changes shown on the s--ame lamp bank, such as an electronically or electrically controlled public service, time and temperature sign, message center or reader board. Regular Council Meeting June 8, 1981 page 9 (1) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) Color: Any hue or combination of values of these; black and vhite shall not be considered colors. Com~ercial Use: A use of land, building or structure intended, designed or arranged for a business, occupation, trade, or pro- fession, including entertainment, services or sale of goods. Co_~p~: The letters, symbols, or other representations used on a sign to convey a message. Copy Area: That portion of the sign which contains the copy and to which the copy is applied. Council: The Columbia Heights City Council. 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. Directional Sign: An on-premise sign designed to guide or direct pedestrian or vehicular traffic. District: The zoning districts as designated on the Official Zoning Map of the City of Columbia Heights and described in the Zoning Code. Electric Sign: A sign which uses electrical wiring on, in or near such sign to effect movement and/or illumination, inclusive of illuminated signs as defined below. Facia or Wall Si~n: 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. Flasbins Sign: A sign which contains flasbin§ lights or exhibits discernable and purposeful changes in light intensity or color. FreerStandin~ 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. Grade: The elevation or level of the street closest to the sign to which reference is made, measured at the street's centerline. Graphics: An illustration or rendering which is not for an adver- tising purpose, and which is applied directly to a building or structure. 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. Regular Council Meeting June 8, 1981 page 10 (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (j J) (kk) (11) (~) (nh) (oo) (PP) Illuminated Si~n: 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. Incidental Si~n: 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. 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. 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. Projecting Sign: A sign which extends outward from the wall of a building or structure more than fifteen inches (15"), and is supported by or suspended from such wall. Public Right of Wa~vv: The area on or above a public sidewalk, alley or street. 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. Revolving Sign: A sign, any part of which turns, rotates, or revolves. 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. Roof Sign: A sign which is painted on, affixed to, or erected upon t-~e roof or parapet of a building or structure of which any portioz is situated on or above the roof level of such building or struct and is wholly or partially supported by said building or structure. Regular Council Meeting June 8, 1981 page il (9q) Shopping Center: A group of four (4) or more comaercial uses which ~as either co.on ~anagement or ownership, or has a contiguous gross retail area of twenty thousand (20,000) square feet or ~ore. (rr) Si_~_q_: A structure, device, advertisement, advertising device oz visual representation intended to advertise, identify or co~unfcate 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 for~s 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, i11u~i- nates, animates or projects the visual representation. (i) Sign Area: The entire area within a single continuous peri- meter 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,,tbe 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, Maximum 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 th~ nearest finished grade to the lower limit of such sign. (iv) Sign Structure: The structure which supports or is capable o-~ supporting any sign, including the framework, braces, up- rights, and supports of such sign. Said definition shall not include a building to which the sign is attached. (ss) Street: A public highway, road or thoroughfare which affords the 'principal means of access to adjacent lots. (tt) Street Frontate: The linear frontage of a parcel of property abutting a public street. (un) Te_~orary Si~n: 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. (w~) W_all Si~n: See Facia or Wall Sign. (xx) 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 wall surface. Regular Council Meeting June 8, 1981 page 12 (yy) Window Sign: A sign painted on, placed in, or affixed to any win- dow, exclusive of merchandise on display. 9.117A(2) Application (a) Within the municipality, no sign shall hereafter be erected, placed, altered, or moved unless in conformity with this Section. (b) 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). (c) 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. (b) 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 dra~m to scale and including: (i) The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached. (ii) The maximum and minimum height of the sign. (iii) 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. (iv) The proposed location of the sign in relation to the bound- aries of the lot upon which it is to be situated. (v) The proposed technical means of illuminated, animated, or changing signs. (vi) A diagram or photograph of the face of the building to which the sign is to be attached, if applicable. Regular Council Meeting June 8, 1981 page 13 (c) (d) (e) (f) (vii) The name and address of the user of the sign and the location of the sign. (viii) The name and address of the proposed designer and/or maker 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 regulating 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 of the original fee within said one year period. No zoning sign permit is required for renewal unless there would be disparity from the initial plan. Maintenance: Ail 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 all obnoxious substances, rubbish and weeds. Inspection: Ail signs for which a permit is required shall be ~ubject 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. 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. Regular Council Meeting June 8, 1981 page 14 (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 possessory in- terest 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 has been issued pursuant to this Section; it is similarly un- 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) Every person who violates any of the provisions of the Section, or who causes, suffers, or permits any act or thing 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. (iii) ~ere 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 property, the Zoning Administrator shall give to the owner or person(s) in control of such sign, written notice specifying the vio- lation of this Ordinance, ordering the cessation thereof, and requiring either the removal of the sign or the remedial work necessary to bring the sign within compliance with this 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 a mis- demeanor in accordance with §9.314 in addition to the original violation for which the notice was given. If a sign is found to be an immediate and serious danger to the public because of its unsafe condition, it may be removed without 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 Building Act. (i) Non-ConforminE 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. .Regular Council Meeting June 8, 1981 page 15 9.117A(4) Upon determination that a 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. Failing determination of the sign owner, user, or owner of the property on which the sign is located, the notice may be affixed in a conspicious place to the sign or to the business premises with which the sign is associated. Failure to give proper notice hereunder shall not extend a non-conforming use of a sign under 19.117A(2)(b). (ii) 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 and 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 a violation of this Section. (iii) 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. (j) Appeals: The procedure for appeal of any decision rendered under ~he prgvisions of this Section shall be that prescribed in Chapter 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 a balcony. (b) Any sign that obstructs any part of a doorway or fire escape. (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. Regular Council Meeting June 8, 1981 page 16 (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. (g) 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) (i) Any roof sign. 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) (n) (o) (p) (q) Any sign which is erected, placed or maintained by any person on a rock, fence, or trees. Any sign which interferes with any electric light, or power, tele- phone, telecommunication, or telegraph wires, or the supports thereof. 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. Any sign which uses materials or designs in violation of Chapter 6, Article II of this Code. 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 .l17A (5) Exemp~ Signs: In all districts, the provisions of this section shall not apply to the following signs: (a) Signs of any governmental unit designed for regulatory and safety purposes. (b) Memorial plaques, cornerstones and historical tablets. (c) Political signs in residential areas not to exceed eight (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 referendum for which the sign is being erected. Regular Council Meeting June 8, 1981 page 17 (d) Directional signs not more than two (2) in number identifTing the location and nature of a building, structure, or use which is not readily visible from 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) Signs not exceeding nine (9) square feet in area located upon pri- vate property and directed toward the prevention of trespassing. (f) Window signage which does not exceed twenty-five percent (25~) of the total area of the window on or in which it is displayed. (g) Temporary signs pertaining to drives or events of eleemosynary, educational or religious organizations, provided that such signs 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 signs. (j) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs 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. Bo such temporary on-site sign shall exceed eight (8) square feet nor remain past the date of termination of such offering. (k) 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. (1) Temporary on-site signs indicating the name and nature 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. Regular Council Meeting June 8, 1951 page 18 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 permnitted home occupations not to exceed one (1) square foot per surface and limited to one (1) surface. 9.117A(6) 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(5), 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 limited to two (2) sur- faces. (c) (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 of §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. 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) (iii) No animated signs shall be permitted. Ail illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. (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 o~mer(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. Regular Council Meeting June 8, 1981 page 19 9.117A(7) Silns in "R-3" and "R-&" Districts (a) The creation, erection or use of any sign in the "R-3" and "R-~" Districts not exempt under I9.117A(5) or not expressly enumerated below is a violation of this Section. (b) The following signs are permitted in the "R-3" and "R-&" Districts: (i) One (1) identification sign per dwelling unit not to exceed two (2) square feet per surface, limited to t~o (2) surfaces, for each single and two-family residence. (ii) One (1) area identification si~n per lot line facing a public street not to exceed sixteen (16) square feet per surface and limited to two (2) surfaces, for each multiple 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 §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-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) Ail illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. (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 owner(s), occupant(s) or user(s) of property in the same or other Districts. 9. llTA 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. (b) The following signs are permitted in the "LB" District: Regular Council Meeting June 8, 198! page 20 9.117A(g) (c) (i) (ii) (iii) 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 the 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. 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 (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 primary use not to exceed two (2) square feet per surface, and limited to one (1) surface. 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 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 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 the area permitted in §9.117A(8)(b) (i) and §9.117A(8) (b) (ii) and §9.117A(8)(b)(iii). (iv) The sign number and area permitted by this Section are con- sidered maximums. Ihese 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%~er(s), occupant(s) or user(s) of property in the same or other Districts. S_~ns in "CBD" D~stricts (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 June 8, 1981 page 21 (b) The following signs are permitted in the "CBD" District: (i) One (1) wall sign on each side of the building which faces a public street, not to exceed one hundred (100) square feet per surface, and limited to one (1) surface per sign. (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-two (32) square feet, 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 sign. (iv) One (1) area identification sign for each shopping center not to exceed one hundred (100) square feet per surface, and limited to four (4) surfaces; one (1) wall sign for each prim~x-y use business, not to exceed one hundred (100) square feet per surface, and 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 (1) surface. (c) 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 §9.117A(9)(b)(i), §9.117A (9) (b) (ii), and §9.117A(9) (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 owner(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. 9.117A(10) Signs in "RB" and "GB" Districts (a) The creation, erection, or use of any sign in the "RB" and "GB" Districts not exempt under §9.117A(5) or not expressly enumerated below, is a violation of this Ordinance. Regular Council Meeting June 8, 1951 page 22 (b) The following signs are permitted in the "RB" and "GB" Districts: (i) One (1) wall sign on each side of the building which faces public street, not to exceed one hundred (100) square feet per surface, 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 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 sign. (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 limit 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 l~m~ted to two (2) surfaces. (c) Permitted signs in the "P~B" 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), §9.11?A(10)(b)(ii), and §9.117A(10)(b)(tti). (iv) The sign number and area permitted by this section are con- s~dered maximums. These maximums, or any portion thereof, which are not utilized by the o%~er(s), occupant(s) or user(~ of property located in the "P~B" and/or "GB" Districts are absolutely non-transferable to any other property occupied or used by such persons or to any other o~-ner(s), occupant(s) or user(s) of property located in the same or other Districts. Regular Council Meeting June 8, 1981 page 23 9.117A(11) Signs in "I" Districts (a) The creation, erection or use of any sign in the "I" District exempt under ~9.117A(5) or not expressly enumerated below, is a violation of this Ordinance. (b) The following signs are permitted in the "I" District: (i) One (1) wall sign per lot line which faces a public right of way, not to exceed one hundred (100) square feet per surface, and limited to one (1) surface. (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 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 (45 mpb) 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. (c) Permitted signs in the "I" District are subject to the following regulations: (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 forty feet (40') above the grade. (iii) 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~mer(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) S~igns for Non-Conforming Residential Uses Regular Council Meeting June 8, 1981 page 24 (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 said 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." Section 5: ~ herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" 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)" Section 6: Section 7: is herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" 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 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" Section 8: is herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" Section 9.115(1)(j) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Billboards and signs" Section 9: is herewith amended to read as follows, to-wit: "Billboards as regulated by and to the extent permitted by Section 9.117A" 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" Regular Council Meeting "June 8, 1981 page 25 is herewith amended to read as follows, to-wit: "Signs as regulated by and to the extent permitted by Section 9.117A" Section 10: Section 9.116(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 necessary for orderly operation of traffic movement, and such,, signs shall not be a part of the permitted 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 permitted 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 f°rce and effect from and after thirty (30) days after its passage. First readinE: Second reading: Date of passage: June 8, 1981 Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council The second reading of this ordinance is set for July 13, 1981 and will be a public hearing. Regular Council Meeting June 8, 1981 page 26 c. First Reading of Ordinance No.957 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to certain real estate. This ordinance speaks to the property located at 4901 and 4905 Central Avenue. Motion by Hentges to waive the reading of the ordinance. Motion fails for lack of a second. The ordinance was read by the City Manager. ORDINANCE NO. 957 BEING AN ORDINANCE AME5q)ING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZ©~iNG OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights 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: That part of Lot 10, Auditor's Subdivision No. 153, described as follows: The South 115 feet of the East 165 feet of the west 215 feet of the southwest quarter (SW 1/4) of the north- west quarter (NH 1/4) of Section 25-30-24, except that part taken off the south side for County highway purposes, subject to utility easement over the West 30 feet (4901 Central Avenue); and the East 165 feet of the West 215 feet of the North 95 feet of Lot 10, Auditor's Subdivision No. 153, subject to sewer and water easement over the West 30 feet to the City of Columbia Heights (4905 Central Avenue). which is currently zoned "LB", Limited Business District, is herewith rezoned to "RB", Retail Business District. Section 2: The Official Zoning Map is herewith amended to reflect the said rezoning. 'ion 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: June $, t981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council The second reading of this ordinance is set for July 13, 1981. Regular Council Meeting June 8, 1981 page 27 c-1 First Reading of Ordinance No.959 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to the rezoning of certain real estate. This ordinance speaks to the property located at 4911 Central Avenue, Motion by Hentges, second by Heintz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 959 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: Section 2: Section 3: Ordinance No. 853, City Code of 1977, passed June 21, 1977, is herewith amended to reflect the following change, to-wit: That part of Section 25, Township 30, Range 24, described as follows, to-wit: Commencing at the Southwest corner of the Northwest Quarter of said Section 25; thence East along the South line of the Northwest Quarter of said Section 25 a distance of 80 feet; thence North along a line parallel with and 80 feet from the West line of the Northwest Quarter of said Section 25, a distance of 210 feet to the actual point of beginning; thence North along the same line extended, a distance of 83.33 feet; thence East along a line parallel with and 293.33 feet from the South line of the Northwest Quarter of said Section 25, a dis- tance of 135 feet; thence South along a line parallel with and 215 feet from the West line of said Section 25, a distance of 83.33 feet; thence West 135 feet to the actual point of beginning. The above described tract now being known as a part of Lot 9, Auditor's Subdivision No. 153, according to the duly recorded plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. which is currently zoned "LB", Limited Business District, is herewith rezoned to "kB", Retail Business District. The Official Zoning Map 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. First reading: Second reading: Date of passage: June 8, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council Regular Council Meeting June 8, 1981 page 28 d. First 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 This ordinance deals with the acquisition of a portion of city-owned property by the Wolffs. Mayor Nawrocki has acted as an intermediary between the Council and the Wolffs and their legal counsel. He gave the terms of the agreement with the Wolffs at this point in time to the Council for which there is a consensus agreement on the Council. The ordinance did not have a reading as there were preliminary steps that needed doing before this ordinance was read. Motion by Hentges, second by Heintz to authorize an agreement with Gary T. and Marion P. Wolff on the following basis: the City will quit-claim to Gary T. and Marion P. Wolff the west five (5) feet of Lot 12, Block 89, Columbia Heights Annex; Gary T. and Marion P. Wolff will deed to the City of Columbia Heights the easterly three (3) feet of the westerly eight (8) feet of Lot 12, Block 89, Columbia Heights Annex; Gary T. and Marion P. Wolff will obtain a release of the mortgage against the easterly three (3) feet of the westerly eight (8) feet of said Lot 12; the City will convey to Wolffs an easement over a portion of said Lot 12, Block 89, a description of which is yet to be determined to allow Wollfs access to their garage; the City will receive $1,200 for its interest for the property which is being deeded to Wolffs; the City will remove the fence from the property deeded to Wolffs and shall have the right of entry for the removal of the said fence; and lastly, will also convey to the City an easement over the portion of the Wolff lot to allow access to said Lot 12 and other descriptions which is yet to be determined. Roll call: All ayes e. Resolution 81-33 Presentation of Comprehensive Plan to Metropolitan Council Motion by Hentges, second by Heintz to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Councilman Logacz joined the meeting at 9:00 pm. RESOLUTION 81-33 RESOLUTION OF THE CITY COUNCIL OF COLUMBIA HEIGHTS AUTHORIZING SUBMITTAL OF COLUMBIA HEIGHTS' ~RAFT COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL FOR THEIR REVIEW PURSUANT TO THE METROPOLITAN LAND PLANNING ACT. WHEREAS, the Metropolitan Land Planning Act requires municipalities, counties and school districts in the regional jurisdiction of the Metropolitan Council to prepare comprehensive plans, and WHEREAS, the Planning and Zoning Commission of Columbia Heights has prepared a draft comprehensive plan containing a land use plan, public facilities plan and implementation programs as specified in the Metropolitan Land Planning Act, and WHEREAS, in accordance with the requirements of the Metropolitan Land Planning Act (~innesota Statute 473.858, Subdivision 2), Columbia Heights sent draft copies of the City's Comprehensive Plan on February 24, 1981 to adjacent communities, counties and school districts for their review and comments, and WHEREAS, on February 2, 1981 the City Council held a public hearing to allow the public to review and comment on the draft comprehensive plan, and Regular Council Meeting June 8, 1981 page 29 WHEREAS, on June 2, 1981 the Planning and Zoning Con~nission held a public hearing at which they unanimously approved Resolution 51-5 which recommended adoption to the City Council of the draft comprehensive plan. THEREFORE LET IT BE RESOLVED, the City Council of Columbia Heights, after considering the draft comprehensive plan, authorizes the City Manager to submit, prior to July 1, 1981 as specified by the grant agreement between the Metropolitan Council and the City of Columbia Heights, Contract No. 7832 dated November 12, 1980, the draft comprehensive plan to the Metro- politan Council for review. Passed this 8 day of June, 1981. Offered By: Logacz Seconded By: Heintz Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary f. Resolution 81-34 being a resolution authorizing the Mayor and City Manager to execute an agreement with the State of Minnesota. This resolution provides the authority for the City to receive, on a loan basis, portable breath test units from the Department of Public Safety. 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 RESOLUTION 81-34 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY TO RECEIVE ALERT J3A PORTABLE BREATH TEST UNIT(S) ON A LOAN BASIS BE IT RESOLVED that the City of Columbia Heights, MN enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose, to-wit: To provide authority for the City of Columbia Heights to receive from the State of Minnesota, Department of Public Safety, ALERT J3A portable breath test unit or units on a loan basis. The unit or units are to be used by city law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121. BE IT FURTHER RESOLVED that the Mayor and City Manager be and they hereby are authorized to execute such agreement. Regular Council Meeting June 8, 1981 page 30 Passed this 8 day of June, 1981. Offered By: Hentges Seconded By: Heintz Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary CERTIFICATION STATE OF MINNESOTA City of Columbia Heights, MN I hereby certify that the foregoing Resolution is a true a~ '~rrect copy of the resolution presented to and adopted by the City Cour of the City of Columbia Heights, MN at a duly authorized meeting thereo: ld on day of June, ~981, as shown by the minutes of said meeting in my possession. John E. Schedler, City Clerk g. Resolution 81-35 Taxi Cab Rates Motion by Hentges, second by Heintz to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 81-35 SETTING TAXI CAB RATES IN THE CITY OF COLUMBIA HEIGHTS, MN BE IT RESOLVED, by the City Council of Columbia Heights, MN, that rates for all licensed taxi cab companies operating in the City of Columbia Heights, MN, be set at · 95 on Flag Drop (the first 2/1~ of a mile) 1.lO per mile (20¢ each 2/11 of a mile thereafter) $~2.O0 per hour Waiting Fee (20¢ per waiting minute) Regular Council Meeting June 8, 1981 page 31 to be effective July 3, 1981. Passed this 8 day of June, 1983. Offered By: Hentges Seconded By: Heintz Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. Communications a. Planning and Zoning 1. James Wegman, 3842 Reservoir Boulevard Variance Mr. Wegman is appealing the denial of his request by the Planning & Zoning Commission for height variance on a garage he is proposing to build. He wants this additional space for storage. He is requesting a 3.5 foot height variance. Considerable discussion followed as to how this structure will impact on the surrounding areas and its loca- tion in regard to the house. Councilman Heintz reviewed the reasons why the Planning & Zoning Commission can grant a variance based on a hardship. This situation had none of those reasons. He feels if any variance is granted by the Council it should be less than the 3.5 feet requested since it would result in a structure of rather bizarre dimensions. Motion by Hentges, second by Logacz to allow a variance not to exceed the height of the main structure, that is the roof line of the garage will be no higher than the roof line of the main structure (house). Substitute motion by Heintz to grant a one foot variance, from eighteen feet to nineteen feet. Motion dies for lack of a second. Roll call: Logacz, Hentges, Nawrocki--aye Heintz--nay 2. David Paulson, 1300 44½ Avenue, Conditional Use Permit Motion by Hentges, second by Logacz, upon recommendation of the Planning & Zoning Com- mission, to grant a conditional use permit for construction of a 14' x 26' accessory structure on his lot at 1300 44½ Avenue. Roll call: All ayes 3. Timothy Bearth, 1328 41st Avenue Variance and Privacy Fence Motion by Heintz, second by Logacz to grant a variance of 2½ feet on the condition that the elevation of the base be subject to the approval of the Public Works Department and that the base is dug deep enough to accommodate future work on the alley. Councilman Hentges was concerned with this variance in that it holds the potential Regular Council Meeting June 8, 1981 page 32 for damage to Bearth's property when the snow plow passes through the alley. He felt this places the City in a position of liability. Roll call: Heintz, Logacz, Nawrocki--aye Hentges--nay 4. Housing and Redevelopment Authority Conditional Use Permit This permit is for the construction of a municipally-owned 369 car, four-level parking ramp to be located 230 feet east of Central Avenue between Gould and 40th Avenues. Motion by Logacz, second by Heintz to concur with the Planning and Zoning Commission's recommendation to approve the conditional use permit for the parking ramp. A party whose property will abut the back side of this ramp spoke of her concerns with regard to this ramp. Discussion followed concerning what, if any, impact this ramp will have on the surrounding properties and what can be done if problems develop. Roll call: All ayes b. Insurance Commission Recommendation to Purchase Additional Coverage The chairman of the Insurance Commission explained the reasons for the Commission reco- mending an increase in the City's general liability coverage. Motion by Logacz, second by Heintz to authorize the increase in the City's general lia- bility policy with Home Insurance Company to a $500,000 limit at an estimated cost of $4,836. Furthermore, that the City Manager be authorized to purchase an umbrella policy with a $3,000,000 liability limit from Old Republic Insurance Company at an annual pre- mium of $5,800; based upon low, informal quotation received. Roll call: All ayes c. Traffic Commission 1. 40th Avenue and Jackson Street Motion by Logacz, second by Hentges to authorize the placement of two additional signs on the left side of 40th Avenue for both east and west bound traffic at Jackson Street. This action is being authorized based on the recommendation of the Traffic Commission and the Anoka County Engineer's Department. Roll call: All ayes 2. ~APA, 836 40th Avenue Motion by Heintz, second by Hentges, on recommendation of the Traffic Commission, the removal of the "lO Minute Parking" signs in front of 836 40th Avenue. Roll call: All ayes d. Association of Metropolitan Municipalities - Annual Dues The dues for membership for the City for the period of June 1,1981 to May 31, 1982 is $2,665. Motion by Heintz, second by Logacz to pay the dues to the Association of Metropolitan Municipalities. Councilman Hentges felt in view of the fact that the population of the City has decreased the dues should also decrease since they are based on population. Motion to amend by Hentges to request the League to reconsider the dues since the popu- lation had decreased. Motion dies for lack of a second. Roll call on main motion: Logacz, Heintz--aye Hentges, Nawrocki--nay Motion fails e. Action Alert from League of Minnesota Cities This memo was received from the League explaining the levy limit section of the tax bill which is being considered by the Legislature. This was an informational item. 7. Old and New Business 1. Mr. Solem Assessment for Improvements on 42½ Avenue Mr. Solem attended the meeting for an explanation of the assessment for improvements c his property. He is appealing the assessment. Lengthy discussion followed regarding the history of what this property has been assessed for and what this property has not been assessed for. Mr. Solem was not assessed for sewer and water improvements installed in that area in 1970-1971. No action was taken by the Council at this time so he will be Regular Council Meeting June 8, 1981 page 33 assessed for the improvements to his property of curb, mat and stub outs. RECESS: 12:15 am RECONVENE: 12:30 am 2. Certificate of Occupancy Mr.& Mrs. Thomas Pinkerton, 1026 43rd Avenue Motion by Heintz, second by Hentges to table this item to the July 13th Council meeting. Roll call: All ayes The Public Hearings that were continued earlier were reconvened at this time. The motion to waive the reading of Ordinance NO. 953 was made at the recessed public hearir Ordinance No. 953 BEING AN ORDINANCE GrVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPI~ENT ACT, REFERRING THE PROPOSAL TO THE COMI~ISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The City of Columbia Heights does ordain: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota requires active 'promo- tion, attraction, encouragement and development of economically sound industry and commerce through governmental acm to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State of Minnesota to faeLlitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2. Technological change h~s caused a shift to a significant degree in the ~,-ea of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Columbia Heights (the "City"), a ledge part of the existing investment of the community and of the state as a whole in educational and public service faeLlities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facil- ities for the remaining population. 1.3. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. Regular Council Meeting June 8, 1981 page 34 1.4. A representative of Columbia Heights M~, a Minnesota genernl partnership (hereinafter the "Applicant"), has advised this City Council (the "Council") that it desires to acquire land within the Downtown C.B.D. Revitalization Project area and construct a building or buildings and acquire and install equipment therefor for use as a shopping center facility (hereinafter referred to as the "Projeet~). 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for ~n increase in opportunities for employment for residents of the City. 1.6. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such ec~ts of borrowing that the economic feasibility of operating the Project wo~ld I~e significantly reduced, but that with the aid of municipal financing, ~nd it~ resulting low borrowing cost, the Project is economically more feasible. 1.?. This Council has been advised by a representative of th~ Applicant that on the basis of information submitted to it and its diseu.~io~ with representatives of area financial institutions and potential buyers of ta×-e×empt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.B. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance the cost, i{ Whole or ~n part, of the acquisition, construction, reconstruction, improvement or extension of cap- ital projects consisting of properties used and usefu] in connection ~vith a revenue producing enterprise, such as that of the Applicant, and the issuance of such bonds by the City would be a substantial inducement to the AppLicant to construct its facility in the City. 5. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474 to finance the Pre~ct of the Applicant at aeostpresently estimated not to exceed $4,800,000.00. 3. The Project above referred to is hereby given preliminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Applicant and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In ~11 events, it is understood, however, that the bonds of the City shal~ not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project and each bond, when, as, and if issued, sh~_Ll recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with l~ir~nesota Statutes, Section 474.01, Subdivision 7a, the Mayor of the City is hereby' authorized and directed to submit the proposal for the P. rojeet to the Commissioner of Securities for approval of the Project. The' Mayor, Clerk, Treasurer and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary infor- mation needed for t.his purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. ..Regular Council Meeting . June 8, 1981 page 35 5. The law firm of Holmes & Graven, Chattered, fm authorized to met as Bond Counsel and to assist in the preDaration and review of necessary documents relating to the Project and bonds issued in connection therewith. The Mayor, Clerk-Treasurer, City Attorney, and other officers, employees and ~ent~ of the City ~re hereby authori-ed to assist Bond Counsel in the preparation of mueb doc um enid. 6. This ordinance shal~ be in furl force and effect from and after thirty (30) days ~ter its passage. Mayor Secretary to the CouncD First Reading: MAY 18, Second Reading: June 8, Offered by: He?ntz Seconded by: Hentges Roll Call: Logacz, Date of Passage: June 8, 1981 1981 Heintz, Hentges, Nawrocki--aye 1981 Norberg--absent The motion to waive the reading of Ordinance No.954 was made at the recessed public hearing. Ordinance No. 954 BEING AN ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The City of Columbia Heights does ordain: 1. It is hereby found, determined and declared as follows: Regular Council June 8, 1981 page 36 Meeting 1.1. The welfare of the State of Minnesota requires &etive promo- tion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State of Minnesota to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Columbia Heights (the "City"), a large part of the existing investment of the community and of the state as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facil- ities for the remaining population. 1.3. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. A representative of Terry £venson (hereinafter the ,Applicant"), has advised this City Council (the -Council") that he desires to acquire land within the Downtown C.B.D. Revitalization Project area and construct a buUding of approximately 80,000 square feet and acquire and install equipment therefor for use as an office facility (hereinafter referred to as the "Project"). 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employment for residents of the City. 1.6. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is avaLlable at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. 1.7. This Council has been advised by a representative of the Applicant, that on the basis of information submitted to them ar{d their discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. Regular Council Meeting June 8, 1981 page 37 1.8. The City is authorized by Minnesota Statute~s, Chapter 4?4, to issue its revenue bonds to finance the cost, i~ ~vhole or in part, of the acquisition, construction, reconstruction, improvement or extension of ira1 projects consisting of properties used and useful tn connection with · revenue producing enterprise, such as that of the Applicant, and the issuance of such bonds by the City would be a substantial tndueement to the Applicant to construct its facility in the City. 2. On the basis of i~ormation ~iven the City to date, it appears that it wou]d be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 4?4 to finance the Project of the AppUeant st a cost presently estimated not to exceed $6,800,000:00. $. The Project above referred to is hereby Kiven preliminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Applicant and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In events, it is understood, however, that the bonds of the City sh~lJ not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project and each bond, when, as, and if issued, sh~ll recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with blinnesota Statutes, Section 474.01, Subdivision ?a, the Mayor of the City is hereb~-authoriz-e~and directed to submit the proposal for the Project to the Commissioner of Securities for approve] of the Project. The Mayor, Clerk, Treasurer and other officers, employees and agents of the CiD' are hereby authorized to provide the Commissioner with any preliminary infor- marion needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the p~ojeet, if it is approved by the Commissioner. 5. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. The Mayor, Clerk-Treasurer, City Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 6. This ordinaJqce sh~ll be in full force and effect from and ~ter thirty ($0) days after its passage. ~'------- Mayor First Reading: HAY 18, 1981 Second Rea~ng: June 8, 1981 Offered by: Heintz Seconded by: Roll Call: Date of passage: Hentges Logacz, Heintz, Hentges, Nawrocki--aye June 8, 1981 Secretary to the CouncD Norberg--absent Regular Council Meeting June 8, 1981 page 38 b. New Business 1. Joint Infiltration/Inflow Sewer System Analysis Agreement Between the Cities of Hilltop and Columbia Heights Motion by Hentges, second by Heintz to authorize the Mayor and City Manager to execute a joint infiltration and inflow sewer system analysis agreement between the Cities of Columi~ia Heights and Hilltop. Roll call: All ayes 2. Petition for Alley Improvements for Alley Located Between 49th and Madison and 49th and Jefferson Motion by Logacz, second by Hentges to include the alley improvements as petitioned by residents on the improvement hearing agenda scheduled for November 16th at 7:00 pm. The Mayor inquired why this can not be done until November. He was advised that there are no projects of this kind scheduled and to do it by itself would be very costly. Roll call: All ayes 3. Request to Purchase Fire Fighting Turnout Gear Motion by Heintz, second by Hentges to purchase fire fighting turnout gear and other safety equipment from Nardini Fire Equipment Company at a cost of $3,658.23; based upon low, informal quotation. Roll call: All ayes 4. Request to Purchase Police Department Forms Motion by Heintz, second by Hentges to authorize the purchase of various Police Department forms from Tracy Printing at a cost of $1,570 based upon low, informal quotation. Roll call: All ayes 5. Establish Public Hearing Date Regarding Presentation of Cable TV Proposal Motion by Heintz, second by Hentges to establish Monday, August 17, 1981, at 8:00 pm as a date for the Public Hearing to hear the presentation of Teleprompter Communications. Roll call: All ayes 6. Schedule of Events and/or Actions Regarding a Community Center The City Manager distributed a schedule indicating the major items regarding the Com- munity Center that will require City Council action and School Board action. He reviewed the list speaking to those items he felt were of most importance. Much discussion followed as to the actions taken previously by the City Council and what may be hap- pening to this matter in the future. 7. Establish Date for Work Session Wednesday, June 17 was established as the date for a work session for the Council and the City Manager. 8. Reports a. Report of the City Manager This report was presented in writing. The Mayor requested additional information on the new phone system in the Library. b. Report of the City Attorney The City Attorney had no further business at this time. 9. Licenses Motion by Hentges, second by Logacz to grant the licenses, as listed, upon payment of proper fees and grant a fee waiver to the Jaycee Women on the basis that they are a service organization. Councilman Hentges requested that the City Manager get more infor- mation on the other two food concession applicants. Roll call: All ayes 'Regular Council Meeting June 8, 1981 page 39 10. Payment of Bills Motion by Hentges to pay the bills, as listed, out of proper funds, with the exception of bill # 40417 for Wolverton Engineering. Motion dies for lack of a second. Motion by Logacz, second by Nawrocki to pay the bills, as listed, out of proper funds. Roll call: All ayes Adjournment Motion by Logacz, second by Hentges to adjourn the meeting at 2:05 am. -Anne-Student, Counc~t-1--Secretary Roll call: All ayes. Bruce G. Nawrocki, Mayor