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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