HomeMy WebLinkAboutNov 8, 1982OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETI~!~
NOVEMBER 8, 1982
The meeting was called to order by Mayor Nawrocki at 8:00 pm.
1. Roll Call
Hovland, Petkoff, Norberg, Hentges, Nawrocki--present
2. Invocation
l'h~ i~v~cati~n was offered by Reverend Aster Neve of the First Lutheran Church.
3. Min,%es of Previous Meetings
Pletion by Hentg~s,. secor~l by Hovland to apl~rove the minutes of the Public ltearing of October
215t, and the Regular Council Meeting of Octobe~ 25th as presented in writing and that the
reaa;ng be dispensed with. Roll call: All ayes
4. Oral Petitions
One resident has some concern with condemna~.io~ proceedings he was aware of and requested
a~i%~onal information. Hew as advised that m~t~cer could be discussed at the next HRA meet-
ing.
5. Ordinmnces and Resolutions
a. First Reaztlng of Orainance No. 1029 regarding the licensing of bowling alleys to serve
liquor.
Motion by MentOrs, second by Petkoff to waiv~ thm reading of the ordinance there being ample
oiopies ~v~labl¢ to th~ ~ublic. Roll call: A~i ayes
"here was smme dlsc~sion regarding the percentage o~ annual rec~ipk$ that would ~esult
rom food ahd
ORDINANCE NO, 1029
~EING AN ORJ)INANCE AI~E~ING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO
Ll{~bt;t LICENSING OF BOWLING ALLEYS
The City ~3uncil of the City of Columbia Heights does ordain:
Sec~;~ 1: $~tion 5.503(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977,
which reads ss follows, to-wit:
5.50~(1) Def[n{t~o~s shall be as +ollows:
(~) ~1~ ~¢~m intoxicating liquor shall mean and include ethyl alcohol and include distilled
~en~en[e~ spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol
~¥ weigk~,
(b~ ~'~e terms sale and sell mean and include all barters and all manners or means of fur-
~is~ing ~ntoxicating liquor or liquors as above described in violation or evasion of law
~ also include the usual meaning of terms.
(c) The term on-sale means the sale of intoxicating liquor by the glass or by the drink for
consumption on the premises only.
The term off-sale means the sale of intoxicating liquor in the original package in retail
totes for consumption off or away from the premises where sold.
(e) The terms package or original package means any corked or sealed container or recep-
tacle holding intoxicating liq~o~.
Regular Council Meeting
November 8, 1982
page 2
(f)The term hotel means a~d includes any est~blishment having a resident pro
prtetor or =an~ger, where, in consideration of pa)went therefor, food and
lo,gini are regularly furnished to transients, which maintains for the use
of its guests not less than one hundred (100) ~ue~t rooms with bedding and
other usual suitable and necessary furnishings in each room, which'is provided
&t the main entrance with a suitable lobby, desk. and office for the regis-
tration of its guestf on the ground floor, which employs in &dequate stsff
to provide suitable and usual service, znd which maintains under the same
~anagcmen~ ~nd contro! as the rest of the establishment and has~ as ~n inte-
~ral part thereof, a d~ning roo~ wi~h appropriate facilities for sea~ing
~ot less than one hundred (100) guust~ ac one time, where the general public
are~ in consideration of pab~e~t therepf, served with ~eals ~ ~ables.
(g)The term restaurant means any establishment, other than · hotels under the
control of s singli proprietor or ~n~ger, having appropriate facilities
~or'the serving cf meals, and where, in consideration of payment therefor,
~eals are regularly served at tables to the general public, ~md ~hich ,m-
ploys an adequate staff to provide the usual and suitable service to its
guests. Such establishment shall have facilities for seating not less
than'one hundred fifty (150) g~ests at one.time. At least'forty percent
(t0I) of the annual receipts of the establishment must result from the
sale of food.
(h) The Twin City Metropolitan Area is defined as being, co~prised of
Car~er, Dakota. llennepf~, halsey, Scott and ~shington Counties.
The tern "interest" as used in this srctton includes say pecuniary in-
terest in t~e o~er~hip, operations ~an~e~ent or profits of · retail
]Sqt, or establis~ent, ~ut does not include.~ona fide loans; ~o~m fide
ft>:ed sum rental a~rec~ents; bona.fide open accounts or other obliga-
tions held with or ~tthout security arising'out of the orglnary ~nd regu-
lar course of bu$1ne~s of selling or ~easing merchandises'fixtures or sup-
plies to such establts}.~ent; or an interest of ten percent (10I) or less
in an~ corporation holding a license. A person wha receives ~ohe~'s from
time to time directly or indirectly from a licensee~ in the a~scmce of ·
~ona fide consfder~tlon therefor smd exclvdfng ~ona fide gifts or dona-
't/ohs, sEsll ~ deemed to have a pecuniary interest in such retail ~tcense.
In determining "bona fide" tile reasonable ve~ue of the goods or things re-
ceived · s consideration for any payment by the licensee and all other
f~cts reasonably tending to prove or d~sprove the existence of any purpose-
ful scheme or ~rr~nge=ent to evade the prohibitions of this section shall.
be considered.
is herewith amended to read as follow-s, to-wit:
5.503 (1) Definitions shall be as follows:
(a) The term intoxicating'liquor shall mean and include ethy! alcohol and
elude dtstilled~ fermented, sptrttous, vinous, and ~alt beverages containing
in excess of 3.2I of alcohol by weight.
Regular Council Meeting
November 8, 1982
page 3
(b) The terns ~ale and sell ~ean and incl'Me all barters and all ~anners or
means of furnishing intoxicating liquor or liquors aa a$ove described in
vlolati~, or evasion of l&v and.&Is~ ~nclud~ the usual ~eaninS of terms.
(c) The tera on-sole means the sale of intoxicatinC liquor by the $1ass o, by
the drink for comau=prisa on the premises only.
(d) The tara off-sale ~eans the sale of intoxicating liquor in the original
package in retail stores for consumption off or ava~ from the premises
~here sold.
(e) The terns pac~ase or original package means any corked or sealed con-
tainer or receptacle hol0ing intoxicating liquors.
(f) The tara hotel ~eans and includes any est~blish~ent having · resident pro-
prieto~ or ~ena~er~ ~here, in consideration of pab~ent therefors food and
-. lo~ging are regularly fu~nished to transients, ~,hich ~aintains for the use
of its ~uests not.less than one hundred (100) ~ue~t rooms ~ith bedding and
other usue! suitable and necessary furnishings in each room, Yhich'ls provtdet
at the main entrance with a suitable lobby, desk, and office for the regis-
tration of its ~uests on the ground floor~ which employs an adequate staff
to provide suitable and us=al service, znd which maintains under the
~anagc~ent and control as the rest of the establis~ent and haas as ~ inte-
no~ less than one hundred (100) guust~ a~ one time, vbere the general public
are, in considcra~ion of pa}~ent thereofs se~ed ~th meals at tables.
(E) [ii The tara restaurant means any establish~ent~ other than a hotel~ under the
control of a single proprietor or ~anaEer, having appropriate facilities
for the servin~ of ~eals~ and ~here, in consideration of payment therefor~
meals are regularly served at tables to the general public~ and ~hich
ploys an adequate staff to provite the usual and suitable service to its
guests. Such establishment sba-1 have facilities for seatint not less
than one hundred fifty (150) suests at one ti~e. At least forty percent
(10~) of the annual receipts of the establishment must result from the
sale of food,
(h)
[ii] Any bowling alie¥,vritb not less than fifteen (151 lanes and with appro-
priate facilities for the serving of food to not less than theft2 (30) per-
sons. Such establishment may include bowling receipts with food receipts
for purposes of calculating the forty percent (!0I) food receipt require-
ment of Section 5.503(.11)(p) and may include the area of its bowling lanes
in the minimum dining area requirement for purposes of Section 5.503(10)(c).
The I~in City Metropolitan Area is defined as being comprised of Anoka, Carver,
Dakota, Hennepin, Ramsay, Scott and Washington Counties.
-
The tern "interest" as used in this section includes any pecuniary in-
terest in the o~mershIp, operation~ management or profits of · retail
liquor est~blis~ent, but ~oes ~ot include, bona fide loa~s; bv~ fide
fixed su~ rental a~ree~ents; bona.fide open accounts or other
ttons held ~tth or ~lthout security arising'out of the ordinary and
lar course of business of selling or leasing ~ercha~/lses'fixtures or
plies to such est~blts~entl or an interest of ten percent (10~) or less
in any corporation holdtnt a license.
Regular Council Meeting
November 8, 1982
page 4
A person who received moneys from time to time directly or indirectly from a licensee
in the absence of a bona fide consideration therefor and excluding bona fide gifts or
donations, shall be deemed to have a pecuniary interest in such retail license. In determining
"bona fide" the reasonable value of the goods or things received as consideration for any
payment by the licensee and all other facts reasonably tending to prove or disprove the
existence of any purposeful scheme or arrangement to evade the prohibitions of this section
shall be considered.
Section 2: This ordinance shall be in full force and effect from and after thirty (30) days
after its passage.
First Reading: November 8, 1982
b. Second Reading of Ordinance No. 1021 Pertaining to Cable Communications
~otion by Norberg, second by Hentges to waive the reading of the ordinance there being
ample copies available to the public. Roll call: All ayes
This ordinance was also submitted to the Hilltop Council for its consideration.
ORDINANCE t~O. 1021
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO
CABLE COMMUNICATIONS
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 11.120 of Ordinance No. 853, City Code of 1977, passed June 21, 1977
which is currently reserved, shall hereafter read as follows, to-wit:
11.120 VARIANCE PROCEDURE
11.120 '(1') Purpose
It is the purpose of this ordinance amendment to establish a process that will enable
the City and Grantee flexibility in the administration and enforcement of this Fran-
chise without the need for costly ordinance amendments and delays. Because the term
of this Franchise is lengthy, changes and modifications may be needed because of
the rapid changes occurring in the cable communications industry.
The Franchise and Grantee's Proposal are complex and subject to extensive regulation
and it is not possible to delineate the numerous possible areas in which administrat-
ive action or an administrative variance shall be required. Therefore, except as other-
wise provided for in this Franchise and Grantee's Proposal, where a specific pro-
vision permits a change, alteration or substitution, any change, alteration or
substitution shall be made only after compliance with the provisions of this Section.
11.120 (2) ~pbjects of This Section that may be Considered Without Ordinance Amendment.
1. Construction techniques, equipment, materials; and/or the design and development
of buildings, appurtenances, or other real or personal property incident to the
cable system;
2. System design and configuration, technical standards, performance tests and
maintenance procedures;
3. Services and programming tiers;
4. Public access or local origination equipment, personnel, facilities, and oper-
ating procedures;
5. Subscriber practices, including complaint procedures, subscriber contracts, repa
service, and information to subscribers; and
6. Amounts of insurance, performance bonds, security deposits or letters of credit,
and accrued interest.
Regular Council Meeting
November 8, 1982
page 5
ll.120 (3) Procedure
11. 120 (4)(A)
A notice pursuant to ~11.103(5) shall be given by the City or Grantee of any
change, alteration or substitution as required in Section 11.120 (2) If notice
is given by the City, the City Manager shall furnish notice to Grantee.
11.120 (3)(B) Application
Applications for variance shall be filed with the City Manager. The City Manager
shall forward the application to the chairperson of the Columbia Heights/Hilltop
Cable Communications Commission. The Commission shall review the applications as
soon as practicable. The Commission may adjourn consideration of the application
from time to time and, upon concluding its consideration of the said application,
shall prepare written findings and recommendations concerning the application.
11.120 (3)(C) Criteria
The Commission shall consider the following:
1. The requested variance is a minor deviation from the Franchise and is consist-
ent with the Franchise in the sole judgement of the City.
2. Application of the literal provisions of the Franchise will result in a hard-
ship to the applicant and to grant a variance would not be detrimental to
other affected parties.
3. Due to expense or delay it would be unreasonable to perfect such change by
ordinance amendment.
4. Undue delay, expense or other adverse results will not occur by approval of
the required variance.
5. If a variance is because of technical or cost reasons, the variance will result
in equal or better technical standards or cost efficiency.
11.120 (3) (D) Findings .Requirement
Before recommending that a variance be approved, the Commission must find that
at least three (3) of the above five (5) criteria are met, and that the variance
will not result in a deviation from the requirements of the MCCB, FCC or any
other rule of law.
i1.120 (4) Council Ap.proval
The findings and recommendations of the Commission shall be forwarded to the
City Council of the City affected by the variance. The Council shall approve
the variance, deny the variance, or refer the application back to the Commission
for further study. No variance request shall be effective until approved by the
City Council of the City affected by the variance. Where both Cities are af-
fected, a variance request shall not be effective until approved by both City
Councils. The Grantee must consent to all variances.
Section 2: This Ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading: October 12, 1982
Second Reading: November 8, 1982
Date of Passage: November 8, 1982
Offered By:
Seconded By:
Roll Call:
Hentges
Petkoff
Petkoff, Hentges, Nawrocki--
aye
Norberg--nay
Hovland--abstain
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
Regular Council Meeting
November 3, 1982
page 6
c. Second Reading of Ordinance No. 1024 Dumping and Hauling of Snow
Motion by Norberg, second by Hen:gas to waive the reading of the ordinance there being ample
copies available to the public. Roll call: all ayes.
ORDINANCE NO. 1024
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO HAULING AND
DUMPING OF SNOW
The City Council of the City of Columbia Heights does ordain:
Section I:
Chapter 6, Article X of Ordinance No. 853, City Code of Ig77, passed June 21,
1~77, which currently is reserved shall hereafter read as follows, to-wit:
CHAPTER 6
ARTICLE X
BUILDING AND CONSTRUCTION
SNOW HAULING AND DUMPING
Section~
GENERAL PROVISIONS
6. IOO1 (1)
No person, firm, or corporation shall engage In the hauling and dumping of snow
without a permit issued pursuant to the provisions of this chapter. No permits
to engage in such activity shall be Issued by the Building Inspector unless
proval is granted as is hereinafter set forth.
(al Prior to the issuance of such permit, a statement from the applicant statlnI
the amount of snow to be hauled and dumped end a descrlptlon of the propert~v
on which the snow will be deposited must be submitted in duplicate to the
Building Inspector. He shall arrange for a review of the Information by the
City Engineer and other appropriate departments of the City.
(bi The application for a permit to haul and dump snow shall be on forms as
may be prescribed by the Building Inspector and City Engineer. The ap-
plicant shall furnish any other supporting data as may be requlred by such
officials for the proper review of the plans.
6. IDOl (2)
The factors to be considered by such officials in deciding whether or not to
issue a permit shall be the following:
(al The amount of the snow to be hauled end dumped,
(bi The location where the snow would be deposited,
(c) The density of the snow to be dumped,
6. lDO1 (3)
(d) The effect of such deposit on the storm water drainage system of the City,
(el The effect of such deposit on edjoinlng or downstream private or public
propertles, and
(fi The effect on the drainage system on adjoining dc~mstream private or public
properties in first removing the snow to be dumped to the extent that thls
effect is beneficial to the drainage system of the City or lands Ic)~ated
within the City of Columbia Heights.
The followlng activity shall be exempt from the requirements of this Article and
shall require no permit:
Regular Council Meeting
November 8, 1982
page 7
(al Hauling snow from or through the City if the subject snow is not deposited
in the City.
(bi Depositing or dumping snow in the City when such snow is not hauled by means
of a wheeled vehicle.
(c) Hauling and dumping of snow in such small quantities that the total a~Dunt
hauled and dumped within any one year period is less than one cubic yard.
6.1001 (4) No person shall haul or dump snow other than in the manner or amount prescribed
in the permit.
6.1001 (5) The hauling and dumping of snow shall constitute a building and construction
activity for purposes of this Chapter.
Section 2: This ordinance shall be in full force and effect from and after thirty (30) days
after its passage.
First Reading: October 12, 1982
Second Reading: November 8, 1982
Date of Passage: November 8, 1982
Offered By: Norberg
Seconded By: Hentges
Roll Call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
d. First Reading of Ordinance No. 1026 Vacating An Alley
There was considerable discussion concerning this alley vacation request. It was decided
that another course of action should be pursued by the parties requesting the vacation.
Motion by Norberg, second by Hovland to table this matter. Roll call: Hovland, Petkoff,
iNorberg, Hentges--aye Nawrocki--nay
e. First Reading of Ordinance No. 1027 Pertaining to Signs
This ordinance, if adopted, would amend Ordinance No. 1025 which amended the definition of
institution to include daycare centers with more than 12 children. Ordinance No. 1027 would
add an item which would allow one free-standing sign for a daycare center licensed for
12 or more children. The Planning and Zoning Commission did not recommend adoption of this
revision.
Motion by Hentges, second by Hovland to concur with the Planning and Zoning Commission's
recommendation and not consider this ordinance. The ordinance did not receive a first read-
ing.
f. First Reading of Ordinance No. 1028 Pertaining to Historical Signs
This ordinance is addressed under Communications, 6-a-1
g. Resolution 82-57 Special Assessment Hearing of December 6, 1982
Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample
copies available to the public. Roil call: All ayes
RESOLUTION 82-57
BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENT
ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on the 8th day of Nov-
ember, 1982 ordered a special assessment hearing to levy the cost of improvements and
EREAS, the following projects will be specially assessed on December 6, 1982, and a por-
tion of the costs to be borne by the City,
Regular Council Meeting
November 8, 1982
page 8
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.O61, and City Code
~.103, that the breakdown is as follows:
ASSESSMENT ANOKA CO. HILLTOP CITY SHARE ASSESSMENT TOTAL
733 CG, Mat, WM, SS, Swk, Rep. NONE
739 Alley Open & Blktp.
756 CG, Mat, WM, Swk Rep.
764 T.L.S.S.
770 Seal Coat
773 Curb & Gutter
774 Curb/Gutter/Mat
778 San. Sewer Reconstruct.
782 Misc. Delinq. Bills
NONE NONE $ 90,366.82 $ 90,399.82
NONE NONE NONE 5,926.18 5,926.18
NONE NONE NONE 306,284.00 306,284.00
$23,857.O6 NONE $32,O32.19 53,064.45 108,953,70
(Fridley $683.10) 4,457.36 137,763.10 142,903.56
NONE NONE 73,188.73 7,989.12 81,177.85
NONE NONE NONE 50,762.40 50,762.40
NONE $15,O00 NONE 13,860.86 28,860.86
NONE NONE NONE 316.84 316.84
Passed this 8th day of November, 1982.
Offered by: Petkoff
Seconded by: Hovland
Roll call: All ayes
6. Communications
a. Planning and Zoning Commission
1. Preliminary Review of Hagen's Neon Sign--4036 Central Avenue
The Planning and Zoning Commission denied approval of Mr. Hagen's request to relocate his
sign from his business in Minneapolis to the building he is presently constructing in Col-
umbia Heights based on lack of hardship and violation of sign ordinance. Mr. Hagen is
pealing the decision of the Planning and Zoning Commission. Much discussion followed re-
garding the effect this sign might have on the proposed streetscaping in the redevelopment
area and possible modifications that could be made to the sign to comply with the sign ord-
inance. The City Attorney passed out copies of Ordinance No. 1028 that addressed historical
signs.
Motion by Nawrocki, second by Petkoff to proceed with the first reading of Ordinance No.
1028 Roll call: Petkoff, Hentges, Nawrocki--aye Hovland, Norberg--nay
Motion by Hentges, second by Petkoff to waive the reading of the ordinance there being ample
copies available to the public. Roil call: All ayes
ORDINANCE NO. 1028
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO
HISTORICAL SIGNS
The City Council of the City of Columbia Heights does ordain:
Section 1:
9. I17A (5)
Section 9.117(A)(5) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
Exempt Signs: In all districts, the provisions of this section shall not apply
to the following signs:
(al 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
November 8, 1982
~age 9
(d) Directional signs not more than two (2) in number identifying 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 private prop-
erty and directed toward the prevention of trespassing.
(f) Window signage which does not exceed twenty-five (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. No such tempor-
ary 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 sub-
division or a group of houses for sale within a housing project along each street
frontage which bounds such subdivision 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 construction or
demolition project, plus the names of the contractors subcontractors, and
professional advisors, provided the combined area of such signs fronting upon
each street which bounds such project 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 con-
struction or demolition project, at which time such signs shall be removed.
(m) One (1) wall sign per dwelling for permitted home occupations not to exceed
one (1) square foot per surface and limited to one (1) surface."
Regular Council Meeting
November 8, 1982
page 10
iS herewith amended to read as follows:
9.117A(5)
Zxempt Signs: In all districts, the provisions of this section aha//
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 ~n election
or referendum and not ~ore than seven '(7) days follov/ng said
election or referendu~ for which the si~ is be~8 erected.
(d)
Directional sig~s not more than tvs (2) in number identifying 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)
(g)
~tndow stgnage which does not exceed twenty-five percent (251) of
the total area of the v/ndow on or in which it is displayed.
Temporary sig~s pertaining to drives or events of eleemosynary,
educational or religious orga~izations, provided that such signs
shall not be erected or posted for a period of more than fourteen
(14) days prior to the gate of the event and shall be removed
within three (3) days thereafter.
(h} Flags or emblems of political, civic, philanthropic, education~l
or religious organizations.
(i) Incidental si/ns.
(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. No
such temporary on-site sign shall exceed eight (8) square feet
nor re~ain past the date of ter:inatton 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 ·
housing project along each street frontage which bounds such sub-
division or project, provided that the total area of much atg~
shall not exceed the greater of sixty-four (64) square feet with no
single dimension in excess o~ 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 ~rlthin the
subdivision or the last house within the housing project.
Regular Council Meeting
November 8, 1982
page ll
(1) Temporary on-site signs indicating the name and nature of a construction
or demolition project, plus the names of the contractors, subcontractors, and
professional advisors, provided the combined area of such signs fronting upon
each street which bounds such project 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 ex-
ceed 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. 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 occupations not to exceed
one(l) square foot per surface and limited to one (1) surface.
(n) One animated, rotating, and/or neon wall sign not to exceed 250 square
feet per surface and limited to one (1) surface, only if the sign is of hist-
orical significance, is 30 or more years of age, and is located in a GB, RB or
CBD District. No sign shall be considered of historical significance unless it
has been publicized in books or recognized in historical registers and has
won one (1) or more awards from recognized sources or authorities.
Section 2: This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading: November 8, 1982
Commission Members
This was an informational item regarding appointments to the Planning and Zoning Commission.
b. Traffic Commission
1. "No Parking" Zones, 40th Avenue and Gould Avenue, East of Central
Motion by Norberg, second by Hentges to concur with the Traffic Commission's recommendation
that a "no parking" zone be established on the north side of 40th Avenue N.E. from Central
easterly to the east property line of the Columbia Heights mall, on the south side of 4Oth
from Central easterly to the east property line of the Columbia Heights Municipal Parking
ramp and on the north side of Gould Avenue from Central easterly to the east property line
of the Columbia Heights Municipal Parking ramp. In addition, the City Engineer is directed
to undertake the necessary traffic studies to determine traffic flows leaving the Columbia
Heights Municipal Parking ramp when the six story office building adjacent to the parking
ramp is at 82% occupancy and report back to the Traffic Commission with these findings.
Roll call: All ayes
No action was taken by the Council on the Traffic Commission matter of installation of
"no parking" signs on the south side of Gould Avenue.
2. Stop Signs Located at 45th Avenue & 2½ Street
No Council action was necessary on this matter.
RECESS: 10:50
RECONVENE: Il:lO
Regular Councll Meeting
November 8, 1982
page 12
c. Hilltop Snow Removal
There was considerable discussion of the previous experience the City has had with this
snow removal. The City of Hilltop had gone out for bids for snow removal in their City
and the City Manager was requested to review these bids and report back to the Council.
Motion by Hentges, second by Norberg to direct the City Manager and Public Works Director
to investigate this matter and report back to the Council at the November 15th Special Me-
eting. Roll call: All ayes
d. Mr. Steak Restaurant-Regarding Liquor Ordinance, Section 5.503
A letter was received from Dave Johnson regarding the serving of liquor in his restaurant,
Mr. Steak. He was requesting three variances to the liquor ordinance. They are as follows:
1. Decrease of the required square footage.
2. Sprinkler requirement be waived.
3. Serving of liquor on Sunday.
There was some discussion of these requests.
Motion by Hentges, second by Norberg to deny the request. Roll call: Petkoff, Norberg, Hentges
aye Hovland, t~awrocki--nay
e. Mortgage Revenue Bond Program-Memo from HRA Director
This was an informational item.
f. Other Communications
American Education Week and Teacher's Day
Mayor Nawrockl proclaimed November 14th through November 20th as American Education Week
in the City of Columbia Heights and November 17th as Teacher's Day.
7. Old and New Business
a. Old Business
1. Cable Communications Commission
A memo was received from the Cable Communications Commission reoardino interference and
proposals for dealing with this matter. Councilman Norberg noted that procedures for dealing
with the problem of interference should be established before the Commission starts to receive
complaints.
2. Data Processing Consultant
The City Manager advised the Council that data processing consultants are still being inter-
viewed. A discussion was again had regarding the needs of the City in the area of data pro-
cessing.
b. New Business
1. Purchases
a. Patch Compactor--Public Works
Motion by Hentges, second by Hovland to authorize the purchase of one patch compactor
(Cimline Rattler Model 21AK) from Construction Materials Co. in the amount of $877.50,
based on low quotation. Roll call: All ayes
b. Portable Fencing-Public Works
A request was received from the Public Works Department to authorize the purchase of por-
table fencing for the outfield in field #5 in Huset Park. Three alternatives were presented
by the Street and Park Superintendent regarding the construction of this fencing. There was
Regular Council Meeting
November 8, 1982
page 13
considerable discussion regarding this fencing. It was decided to authorize alternative #1.
Motion by Hentges, second by Hovland to authorize the purchase of fence from the University
of Minnesota not to exceed $2,000 and to expend the amount of $1,624.70 for purchase of
additional materials to construct 13 sections of fencing by City forces. Councilman Norber9
felt this project should be authorized when bills for materials are received. Roll call:
Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay
c. Firefighting Turnout Gear
Motion by Hentges, second by Petkoff to authorize the purchase of turnout gear from Conway
Fire and Safety, Inc. in the amount of $2,289 plus shipping costs based upon low quotation.
Roll call: All ayes
d. Self-Contained Breathing Apparatus Facepiece
Motion by Hovland, second by Petkoff to authorize the purchase of self-contained breathing
apparatus facepieces from Continental Safety Equipment, Inc. in the amount of $3,908.10
plus shipping; and, furthermore that Council finds this ~o be a proprietary item. Council-
man Norberg questioned if this company was the only source for purchasing this equipment.
Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain
2. Authorization to Seek Bids for Repair of McKenna Park Activity Building
Motion by Petkoff, second by Hentges to authorize the City Manager to seek bids and an alt-
ernate for the repair of the McKenna Park Activity Building. There are two bids that must
be sought; one for the roof as it is and one for a roof with a pitch. Roll call: All ayes
3. Request of Midwest Federal Savings to Purchase 8' Strip of Land at LaBelle Park
Motion by Hentges, second by Hovland to table this item for further information. Roll call:
All ayes
£stablish Date for Work $~ssion
Monday, November 15th at 7:30 pm was established as a time and date for a work session.
5. Special Assessments-Administrative Charges
A letter was received from the firm that recently audited the City's records that addressed
the administrative charge on special assessment projects. This was an informational item.
6. Revision to Personnel Policy-Sick Leave
Presently the use of sick leave is pro-rated in units of not less than two hours. The City
Manager requested that this provision be changed to units of not less than one-fourth
hours. This request was based on the City Manager's opinion that the present policy of
units of not less than two hours is counter-productive in that some medical necessities
do not require two hours but less. Discussion followed regarding the intended use of sick
leave.
Motion by Hovland, second by Norberg to approve the use of sick leave in units of not less
than one-half hour. Roll call: Hovland, Petkoff-aye Hentges, rlawrocki--nay Norberg--abstain
Motion fails.
7. Change Order #4 for Project 8121 41st Avenue Relocation
Motion by Norberg, second by Hovland to authorize the City Manager to execute Change Order
#4 in the amount of $904 for Project #8121-PIR 767-41st Avenue Relocation. Roll call: All
ayes
8. Final Payment for 1982 Street and Utility Improvement Director
Motion by Hentges, second by Petkoff to authorize final payment to Northwest Asphalt in the
amount of $84,778.10 regarding 1982 Street and Utility Improvement Projects #8004, 8007,
~17, 8117, 8201, 8202, and 8204. Roll call: All ayes
9. State Board of Equalization
A letter was received from the Commissioner of Revenue regarding the City of Columbia
Regular Council Meeting
November 8, 1982
page 14
Heights' appeal to the State Board of Equalization. The City Attorney advised the Counci
as to what actions could now be taken regarding the findings of the Board of Equalizatic
Motion by Hentges, second by Norberg to refer this matter to the City Attorney for further
information regarding an appeal and to be prepared to report on this matter at the Special
Meeting of the Council on November 15th. Roll call: All ayes
8. Reports
a. Report of the City Manager
This report was presented in written form.
b. Report of the City Attorney
The City Attorney reviewed some matters that had been before the Council previously.
9. Licenses
Motion by Norberg, second by Hovland to approve the licenses as listed upon payment of
proper fees. Roll call: All ayes
10. Payment of Bills
Motion by Hovland, second by Petkoff to pay the bills as listed out of proper funds. Roll
call: Hovland,. Petkoff, Hentges, Nawrocki--aye Norberg--abstain
Adjournment
Motion by Petkoff, second by Hovland to adjourn the meeting at 2:00 am. Roll call: Hovland,
Petkoff, Norberg, Nawrocki--aye Hentges--nay
Bru~e G. Nawrocki, Mayor
/~-An-ne Student, CoGn'b'N- Secretary