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HomeMy WebLinkAboutSept 27, 1982OFFICIAL PROCEEDINGS COLUMBrA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 27, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Hentges, Nawrocki--present Norberg--absent 2. Invocation The Invocation was offered by Jo-Anne Student, Council Secretary. .). Minutes of Previous Meetings Motion by Hentges, second by Petkoff to approve the minutes of the August 23rd Regular Council Meeting; the August 24th Continued Council Meeting; the September 13th Public Hearing; and the September 14th Board of Trustees-Fire Department Relief Association as presented in writing and that the reading be dispensed with. Roll call: All ayes Councilman Norberg joined the meeting at 8:08 pm. 4. Oral Petitions The City Manager advised the Council that Fred Salsbury, Director of Public Works~had an accident over the weekend. He gave the particulars of the injury. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1010 Pertaining to Manufactured Homes Municipal Planning Act, which was effective August 1, 1982, was changed in that it now prohibits the exclusion of mobile/manufactured homes from cities. At the request of the Building Inspector, the City Attorney drafted Ordinance Ns.lO10 which establishes the criteria for'a given area in which a manufactured home may be located. R-) and would allow for the placement of manufactured homes with a conditional use permit. Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Motion to amend by Norberg, second by Hovland to delete the word "extruded from Section I 6.207(5) and 6.207{7). Roll call on amendment: All ayes OROINANCENO. 1010 BEING AN ORDI~LLNCE AHENDING ORDINANCE NO. 853, .Clr/ COD) OF 1977, PERTAINING TO HANUFACTUREDBOHES The City Council of the City of Columbia Heights does ordain: Section 1: Section 6.207 of Or~inance No. 853, City Code of 1977, passed June 21r 1977, which is currently reserved shall herewith read as follows: SECTION 7 NANUFACTUREDROHES 6.2o7 (1) Definitions in this section shall be those contained in Ntnnesota Statutes 1327.31-327.36, inclusive. 6.207 (2) 6.207 (3) All lot area, lot width, yard sizes, and setbacks for mnufac- tured homes shall be the same as for other residential dwellings within the appropriate zone. All minteu~ square footage requirements pertainin& to dvelling size for ~anufactured ho~ea shall be the same as for other resi- dential dwellinEs vithin the appropriate zone, and each home shall have a vidth of not less than tventy four feet (2&'). Regular Council Meeting September 27, 1982 page 2 6.207 (4) Ail manufactured homes must be attached to a continuous peri- meter foundation extending belo~ frost depth tlmt Beets the re- quirements of the State BuildinE Code. No manufactured home shall be constructed or occupie/ ~lthin the City unless the Buildini Official has first approved the method of attachment or "tie do.ns" of the home to the perimeter foot- ings. 6,207 (5) All roofs on manufactured homes shall have a~imom roof slope of 3/12 (three inch rise per one foot run) and shall be covered with approved roofin8 material excludin8 acta] panelS. 6.207 (6) All manufactured homes shall have eaves extending a ~inimu~ of sixteen inches beyond the perimeter of the home. 6.207 (7) All manufactured homes must have finished exterior walls m~de of approved materials excludin8 metal pane}s. 6.207 (8) No manufactured home nay be constructed or occupied unless it first meets the standards set by the manufactured hone build- int code. Section 2:.Section 9.109(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, ~hich reads as follows, to-wit: 9.109(2) Conditional Uses (a) Accessory structures other than private garages. (c) (d) (e) (b) Auto Court, ltotels end Motor Hotels: Each t~o rooms In such use will be considered as a dwelling unlt In determlnlng lot area requirements. For the purpose of this section 1,000 sq. ft. of lot area wi!! be requlred for each dwelling unit. Private clubs and lodges not operated for a profit. Fraternlty and sororlty houses. Hospital f~r human care, sanitarium, provided all structures shall ~e located t~enty-five (25) feet or more from all lot lines in abutting "R" District. (f) Land reclamation end mining ss regulated in Sections 9.104(9) sad !:lOi(10). (g) Mobile home courts subject to approval of site development plans which shall include: Plan for providing city sewer and wster to each mobile home site. ii) Internal street system wlth Improved all-~esther hard- surfaced roadways not less than t~enty-four (24) feet in width. iii) A gross density of not less than 4,500 square feet per mobilehome site but not less than forty (40) feet in width and one hundred (100) feet in depth. Regular Council Meeting September 27, 1982 page 3 iv) One passenger car parking space shall be provided on each mobile home slte and vlsltor parking shall be provided at the ratio of O.5 spaces per mobile home site. Fire hydrants shall be provided at such Iocatlons es approved by the Columbla Heights Fire Chief but ell areas of the court shall be within 400 feet of a hydrant. Recreation space shall be.provided In each r. ourt equal to 300 square feet per mobile home. (h) (k) (1) Nursing homes, rest homes or retirement homes, provided the site shall contain not less than four hundred (&OD) square feet of lot area for each person to be accommodated, prov{ded bu{Id{ngs for uses described In thls section are twenty-five (25) feet or more from a lot line of an abutting lot in en "R" District. Day nurseries and nursery schools, provided that not less than seventy-five (75) square feet of outside play space per pupil be provided, that sa{d space be fenced. Offices of general nature provided the net square footage of the floor area when located in a bullding having other permitted use Is not greater than I,O00 square feet and 6,O00 square feet ~hen located in a separate building· Off-street parkingwhen the proposed lot for such off-street parking ls located In any block or area ~hlch Is zoned, used, or otherwise permitted $or any non-resldentlal use or uses and abuts on a lot or parcel which is In a "'B" or"l" Dlstrict and is in the same ownership or control as the land in the "B' or "1'" District and subject to those conditions set forth In $~ction 16.2 herein and such other conditions as may be found necessary by the City Council to carry out the Intent of this Ordinance, and providing that such lot or parcel is not located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or "1" District equal to the combined widths of three continguous platted lots or 150 feet, whichever is greater; and no public street divides such parking area. Public utility structures provided no build{rig shall be located within twenty-five (25) feet of any abutting lot in an "R" District. The architectural design of service structures Should be compatible to the neighborhood {nwh{ch they ere to be located. Retail sales and services may be provided by vending devices or by personnel when such retell area is wlthln'a building so constructed and maintained that all access is from · lobby, hall or court, and not directly from the out-of-doors, It belng · the Intent that such sales and services are provided for the convenience of ~he occupants of the building. Regular Council Meeting September 27, 1982 page 4 (n) Private swimming pools Intended to serve m::)re than one family who are occupants of the property on which It is located and their guests, provided the water surface of said pool Is located not less than fifteen (15) feet from any'lot line, that the pump and filter installed be not less than t~enty-flve (25) feet from any lot line and that the pool area be so fenced as to provide control led access. Operating of through trains, but not switching, storage or other railroad operations. shall hereafter read as follc~s, to-vtt: 9.109(2) Conditional Uses (al Accessory structures other than private garages. (bi . Auto Court, Hotels and Hotor Hotels: [ich two rooms in such use will be considered as · dwelling unlt in determining lot area requirements. For the purpose of this section 1,OO0 sq. ft. of lot area will be required for each dwelling unit. (c) (d) (el Private clubs and lodges not operated for a profit. Fraternity and sorority houses. Hospltal for human care, sanitarium, provided structures shall be located twenty-flve (25) feet or more from all lot lines In abutting "R" District. Land reclamation and mining as regulated in Sections and 9.104(10). (gl Manufactured hcrmes. (h) (i) Nursing homes, rest homes or retirement homes, provided the site shall contain not less than four hundred (400) square feet of lot area for each person to be accommodated, provided buildings for uses described in thls section are twenty-flve (25) feet or more 'from a lot Ilne of an abutting lot In an "R" District. Day nurseries and nursery schools, provided that not less than seventy-five (75) square feet of outside play space per pupll be provided, that said space be fenced. , Offices of general nature provided the net square footage of th--- floor area when located In a bullding havlng other permitted us~ Is not greater than I,O00 square feet and 6,000 square feet ~hen located in a separate building. Regular Council Heeting September 27, 1982 page 5 (k) Off-street parking when the proposed 1st for such~off-street parking is located in ·ny block or ·rea which Is zoned, used, or otherwise permitted ~or ·ny non-resldenti·l use or uses ·nd . · buts on a lot or parcel which is In · "B" or"l" District is in the same c~nership or .control-es the 1·nd in .the **B" or "1" District and subject to those conditions set forth Iff S~tlon 9.]~6(2) herein ·nd such other conditions ·s my be found necessary by the City Council to carry out the intent of this Ordinance, and providing that such 1st or parcel is not located batten two abutting residential uses, and provided that such off-street parking is restricted to ·n ere· for · distance frcx~ the ·butting edge of the "B" or "1" District equal to the combined wldths of three contlnguous platted lots or 150 feet, whichever Is gre~ter; and no public street divides such parking ·rea. (1) Public utility structures provided no bulldlng shall be 1seated within t~enty-five (25) feet of ·ny ·butting lot in ·n "R" District. The archltectural design of service structures ·hould be compatible to the neighborhood in whlch they ·re to be located. (m) Reta11 sales and services may be provlded by vending devices or by personnel when such retell irel Is within · building so constructed and maintained that ·11 ·cc·ss is from · lobby, hall or court, end not directly from the out-of-doors, It being · the intent that such sales and services ire provlded for the convenience of.the occupants of the bulldlng. (,,) Private swimming pools Intended to serve more than one family who are occupants of the property on which It is loc·ted end their guests, provided the water surface of said pool is Iocate~ not less than fifteen (15) feet fro~any'lot 1ina, that the pu~p and filter Installed be not less than t~enty-flve (25) feet from any lot line and that the pool area be so fenced os to provide controlled access. (o) Operating of through trains, but not switching, storage or other railroad operations. Section 3: This ordinance shall be in full force and effect froe ~nd after thirty (30) days after its passage. First reading: Second reading: Date of passage: August 23, 1982 September 27, 1982 September 27, 1982 Offered by: Norberg Seconded by: Hovland Ro]~ call: All ayes Bruce G. Nawrocki, Nayor Jo-Anne Student, Council Secretary Regular Council Meeting September 27, 1982 page 6 b. Second Reading of Ordinance No. 1011 Pertaining to Prohibited Moving Operations This ordinance prohibits the use of a motor vehicle upon private property unless permis sion is granted by the property owner. Motion Norberg, second by Mentges to waive the reading of the ordinance there being ample copies available to the public. Ro11 call: All ayes ORDINANCE NO. 1011 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PROHIBITED MOVING OPERATIONS The City Council of the City of Columbia Heights does ordain: Section 1: 7.204(10) Section 2: First reading: September 13, 1982 Second reading: September 27, 1982 Date of Passage: September 27, 1982 Section 7.204(10) of Ordinance No.853, City Code of 1977, passed June 21, 1977 which is currently reserved, shall hereafter read as follows, to-wit: No person shall drive, operate or be in actual physical control of a motor vehicle upon private property of another not Intended for vehicular use with- out the consent of the owner of said property. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Norberg Seconded by: Hentges Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1015 Permitted Accessory Uses in the "CBD" Business District This ordinance corrects a reference to an old ordinance number which should have been eliminated with the recodification of City ordinances. Motion by Hentges, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1015 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PERMITTED ACCESSORY USES IN TME "CBD" BUSINESS DISTRICT The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.112(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Permitted Accessory Uses Within the "CBD" Business District, the following uses shall be permitted accessory uses. (a) Decorative landscape features. (b) Off-street loading. (c) Marquees and ai~nings on public and private property subject to Ordinance No. 195. · (d) Off-street parking for principal use subject to Section 9.116(~). (e) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use nor thirty (30) percent of the man hours required to conduct the principal use. (f) Signs as regulated by and to the extent permitted by Section 9.117A. (g) Private swimming pools. Regular Council Meeting September 27, 1982 page 7 (h) (i) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. Games of skill provided: [ii the number of such games shall not be sufficient to constitute an "arcade"; [ii] The games of skill may only be used at such tt~es ~s the prtJary use of the property on which the games are located are open for business; [iii] The premises on 'which the games of sk~11 are located lust be en- tered by patrons only through the primary use of the building, the premises on which the games of skill are located ~ust have no direct entrance from the outside other than through the use. Provided, ho~ever~ that the portion of the building in which the "games" are located lay have a fire door through which patrons may exit in times of emergency." shall hereafter read as follows, to-wit: "Permitted Accessor~ Uses Within the "CBD" Business District, the following uses shall be permitted accessory uses. (a) Decorative landscape features. (b) Off-street loading. (c) Narquees and a~nings on public and private property subject to Section 9.117A. (d) Off-street parking for principal use subject to Section 9.116(&). (e) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use nor thirty (30) percent of the man hours required to conduct the principal use. (f) Signs as regulated by and to the extent permitted by Section 9.117A. (8) Private swimming pools.. (h) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. (i) Games of skill provided: Iii The number of such games shall not be sufficient to constitute an "arcade"; [ii] The games of skill may only be used at such times as the primary use of the property on which the games are located are open for business; [.iii] The premises on which the' games of skill are located must be en- tered by patrons only through the primary use of the building, and the premises on_which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided,'ho~ever~ that the portion of the building in which the "games" are located may have a fire d~or through which patrons may exit in times of emergency. Section 2: This ordinance shall be in full force ~nd effect from and after thirty (30) days after its passage. First reading: September 13, 1982 Second reacling: September 27, 1982 Date of Passage: September 27, 1982 Offered by: Hentges Seconded by: Petkoff Roll call: All ayes So-Anne Student, Council Secretar~ Bruce G. Nawrocki, Mayor Regular Council Meeting September 27, 1982 page 8 d. Second Reading of Ordinance No. 1016 Deeding a Certain Easement This ordinance would grant maintenance easements for off-site retaining wails, protecti earth embankments and sanitary sewer on adjoining park property to P.J. Gaughan, Inc. over portions of LaBelle Park where the above improvements are located. Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ail ayes The retaining wall and drainage in this area were discussed as were liabilities if those responsible were not able to supply funding for necessary maintenance and other costs that may be incurred. Mayor Nawrocki felt the retaining wall had an objectionable appearance and questioned the quality of the materials used and the workmanship. Councilman Norberg expressed concern with the structural integrity of the north wall and suggested that this hearing should be continued until that concern had been satisfied. Me also noted his lack of enthusiasm regarding the long term financial complexlon of the Association II and the methods that could be employed to recover monies. Detailed maps of the area were studied. ORDINANCE 1016 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, DEEDING A CERTAIN EASEMENT The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall convey unto LaBelle Park Condominium Assoc- iation II, a Minnesota non-profit corporation, an easement for construction, maintenance, and repair of retaining walls, protective earth embankments and sanitary sewers over, under and across the following described real property, to-wit: The West 35.00 feet of the South i/2 of Lot 7 and the North 35.00 feet of Lots 37 and 38 and the North 35.00 feet of the West 35.00 feet of Lot 39 and the West 35.00 feet of the South 209.00 feet of the North 244.00 feet of Lot 37, all in Block 4, Reservoir Hills, Anoka County, Minnesota. Except that part taken for road. Section 2: Section 3: The Mayor and City Manager shall be authorized to execute documents conveying the easement described herein only upon execution by grantee of a satisfactory agreement with regard to maintenance of the eased area. 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: September 13, 1982 September 27, 1982 September 27, 1982 Offered by: Hentges Seconded by: Petkoff Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor e. Second Reading of Ordinance No. 1017 Pertaining to Fences This ordinance would change our present ordinance to.regulate the type of material that can be used for free-standing walls or fences, would provide for the use of railroad ties for retaining walls only, not for free-standing wails or fences, and would stipulate that the finished side of the wall or fence be to the adjoining property. Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: Al1 ayes Two versions of this ordinance were received by the Council from the City Attorney. The City Attorney addressed the differences between the two. One version had its first reading at the meeting of September 20th. He explained that the amendments he made to the second Regular Council Meeting September 27, 1982 page 9 ordinance would not reading. substantlally change it therefore ORDIHAHCE#O. 1017 it would not require another first '/'he City BEIlqC AH ORDINAHCE AHEHDIHG ORDIHAHCE NO. 853, CITY. GOD]: OF 1977, P]:RTAIHINC TO FENCES Council of the City of Columbia He,btm does ordain: Section 1: Section 6.&02Ct) of Ordfnance Ho. 853, City' Code of 1977, passed June 21, 1977, vhich re, ds as follM., tO~d~t$ Section 2: Fences and free standtn~walls shall be constructed h · ou~atntial sad vorknaalikeuaoner to,th·tend condl~ons of ao~l, utbrand us, nd of substantial uaterial reasonmbly ousted to the purpose for uhf~h the fence is proposed to be used. H~nbun standards for constr~ctton of fences shall be prescribed here~ufter." ~s hereb~th mended to read os follo~r, to-q~t: "Fences, free standin~ valle, and retaintn~ vaLts sha].t.~e ~t~ct~ ~ a nbstanti~ ~ ~r~t~ ~er to ~st~d c~dtt~ of ~fl, mth~ ~d ~eb ~d of SuZstnthl.Mt~l..r~bly suttd to ~ ~oe for ~ch the f~ce,~f~ee stnd~ v~ , or reta~ v~ b pro~o~ to be ued~ Ho pr~ously ~ MCeri~ ou~ as old.ba~ ~ards or 'r~~ tin'my be used ~ ny f~ce, free,oco~S v~l or reca~ v~ ~ ~e.~; pro- vided, hoverer, chac such MCerials ma~ be used bel~ the f~l line in reCaln- ~n~ walls, free s~din~ vails or ocher f~ces Chic are partially bel~"sr~nd. Hin~ standards for construction of f~ces, f~ee acridine nils nd reCa~n- in~ val~s shall be prescrf~d here~afCer." Section 6.~02(2) of Ordinance Ho. 853, ~ ~e of 1977,.~s0~ Jut 21, 1977, ~i~ r~ds as fall.s, t~lC: "6. ~02 (2) The raven w~re 'fence type shall be constructed in the follovin~ runner: (a) The fence shall be of a ch~ lfnk t~e. (b~ ~e fence sh~l be a uinb~ of ~ev~ (1~) ~ch m~ esh.- (c) ~e f~ce.sh~ be ~t~ct~ ~ fabric on the ~tside. (d) "~e 'fabric shll hve-~e buc~u up nd the ~t ~) hterhls are requ~re~ to' be of a ~C d~pped S~van~ed ~Cure ~) ~ere eh~ be no srmcer ~n to feet l~e~ district be~e~ b her~Ch mended to r~d as f°llM, ~e v~en vire f~ce ~ ob~ be c~c~ct~ ~ the foll~ ~er: (a) ~e f~ce s~l be of a ~ ~nk t~e. (bi ~e foce o~l ~e a uh~ of ~ (11) ~ m~ utah. (c) ~e fete shll be c~t~cted ~th fabric ~f~nished side, 'if ny, flcu the p~per~ co~t~cted. Regular Council Meeting September 27, 1982 page (f) Section 3: The fabric shall have the knuckles up and the cut edge down. Materials are required to he of a hot dipped galvanized uatuze or equal. There oKsll be no grester'th~n ten feet 'lineal distance between posts.' Section 6.&02(3) of Ordi~ance Ho. 853, City Code of 1977, passed June 1977, which reads as follows, to-wit: "6.402(3) ' The alternating board type (vertical, horizontal, or louver) shall be con- structed in the foll~ovin~ manner: (a) Boards of · dflnensfon less than 13/16" by less th~n 3-1/4". w~Ll be prohibited. (b) Fences constructed of materials other than tmrack, cedar, cyprus, or redwood will be treated with a weather preservative. (c) The mininun post d~nensions required are 3-1/4" by (d) Ho greater than eight (8) feet will be allowed for post (e) Fastening nails shall be t~o and one-half (2-1/2) ~ncheo lon~. and other hardware shall be aluninun alloy or hot dipped galvax~t,ged or equal. (.f) Fastenings made of corrosive metal shall not be used." is herewith amended to read aS follow~ to-vii: '~l'ne a2ternattng hoard type (vertical, horizontal or louver) shall be con- structed tn the follvudn~ ~nner: (a) Roards of a d~nension less than ]~/16" by less than 3-1/&" wt]~ be prohibited. (b) Fences constructed of matez~ais other thantamarack, cedar, cypress, or zedvood~rlll be trested vitha weather preservative. (c) The minimum post dfnensions required are 3-1/&"by 3-1/&".. (d) No greater than eight (8) feet will he allowed for post'spacing. (e) Fastening nails shall be two and one-half (2-1/2) inches long and other hardware shall be aluninun ttloy or hot dipped galvanized or equal. (f) Fastenings made of corrosive metal shall not be used. (g) The fence shall be constructed with the supporting posts on the inside, when possible, so that the finished side does not face the property on which the fence is constructed.'* Section 4: Section 6,&02(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, "6.402 (4)- Retaining vails or free standin~ walls shall be constructed in the follow- ing~anner: (a) Retaining walls and cribbing shall, be used t° stabilize steep elopes .or prevent erosion, (b) They shall be designed in accordance vith sound engineertn~ practice, (c) Cribbed slopes shall be~ppropriztaly planted, ~f open faced cribbing is used. (d) All walls, block or stone, shall be placed in four (4) inch concrete foottnS. ~he~rldth shall he determined by the h2t~ht:of thew all. (e) The face of the wall shall be slanted back by no less th~n-n 3 de4ree angle. (f) Drains shall be placed iuwalls~ede of blocks or poured concrete 'at a lover level the distance determined by the Building Inspector." Regular Council Meeting September 27, 1982 page i 1 is herewith amended to read am foXXovm, to-qrtt: *~etainins ~alls or free standfns vails shall be constructed in the follow- ln~ utnner; Ce) (s) (h) Retatnin~ ells and crtbb .Zn~ shall be used to etab~t~se steep or prevent erosion. ~e7 abel 5e deaf.ed h accedence ~ ~ ~tue~ pr~tiee. Cribbed slop~ s~l ~e app~prht~7-p~t~, ~ ~ hc~ ~b~ ts ued. .. ~ nlls~ block or stne~ s~H ~ plae~ .~ far (~) ~ch '~rnte f~C~. ~e ~dch s~l' ~ dete~n~ by ~e he~hC of ~e ~. ~e face of t~ v~ sh~l be slant~ ~ ~y ~ X~s ~ a 3 d~ee Dra~s s~ll be placed ~ ~la ~e of bloc~ ~ ~r~ c~crete at ~ch l~els as-are' deceased by the ~u~ld~ Offic~. Official sh~l also dete~e the n~b~ ~d d~t~ce be~e~ ~ drains. ~e reC~n~g va~ or free sc~d~ va~ sh~l be c~C~ct~ supporc~g posts ~d f~t~gs n t~ ~s~de of the n~ ~ ~at the f~ahed s~de does nsc face' the pt~e~y ~ ~ the foce ~s st~cced. ~ch regard Co m~sur~ the ~ss~ble he~hC of f~s ~ch sist of or Xnclude recain~ va~, terrac~ uy not be ~ed ~ device co ~ceed the heXAhc l~cacX~ of Ch~s ~pt~. In the c~e of te~aced valle or f~ces~ ~ch s~n of ~ch terraced v~l fence ~'~ be added to the height of the l~C s~ of v~l or f~ce to the ~c~c chac XC ~ce~e the s~d X~C s~ for ~s~ de~e~~ the heXghC of a v~l or f~ce ~dez t~s c~ptnr od the ea~d coc~ of chose'm~sur~Cs sh~ be e~Xder~ ~ the he~hc of a s~le fence or vall heze~der, Section 5: This days First reading: Second reading: Date of passage: ordinance shall be in full force and effect from and after thirty (30) after its passage. September 20, 1982 Offered by: Norberg September 27, 1982 Seconded by: Petkoff September 27, 1982 Roli call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary f. First Reading of Ordinance No. 1018 Imposing a Moratorium on the Building of Fences This proposed emergency ordinance would impose a moratorium on the building or construc- tion of fences of any kind up to October 28, 1982. This ordinance did not receive a first reading. g. First Reading of Ordinance No. 1019 Pertaining to Permission to Consume Non=lntoxlca- ting Malt Liquor in Some City Parks Two versions of this ordinance were presented to the Council for consideration. Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being tmple copies available to the public. Roll call: all ayes OROZ~U~CE HO, 1019 BEING AN ORDINANCE ANEHDXNO ORDXHANCE HO. 853, CXTY CODE OF 1977, PERTAINING TO FERKXSSIOH TO COHSHNE IIOH-XNTOXXGATXHG HALT LI(~UOR XH gONE CITY FARKS Regular Council Meeting September 27, 1982 page 12 The City Council of the City of Colunbi& Heights does ordain: Section 1: Section 10.201(16) of Ordinance No. 853, City'Code of 1977, passed June 21, 1977, which reads es foLlo~s, to-srlt: *'10.201(16) No person shall have in his possession or conatme any tat~xtc~tia~ liquor or non-Intoxicating malt liquor tn or upon any City park, .parluray, or bathing beach within the City of Colunbis Heights. Provided, however, the City Council my by affir~ativevot~ grant permission .to neighborhood groups end public service organizations to possess and cons~ne non-intoxicating halt liquor in City parks, except before 8:00 a.m. and after 9:30 p.m. Ho ouch pernissionuay be granted for such possession or consmnption in or upon any public bathin~ beach or anywhere in Silver Lake Beach Park. (b~ The prohibitions of this Section 10.201(16} shall not apply on Fridays, Saturdays, Sundays, or legal holidays to.Huset Park between the hours of 8:00 a.m. and llr00 p.m. and shall not apply to John Hurzyn Hall (Col,~%ia Heights Yieldhouoe) at any tbe~' is herewith amended to read es follows, to-viC: "No person shall have in his possession or consume any intoxicattn~ liquor or non-intoxicating malt liquor in or upon any City park, parkway, or bathing beach within the City of Columbia Heights. Provided, however, the City Council ~ay by affirs~tive vote grant permission to persons attending family gatherings, employees and their families attending gatherings in conjunction with thfr enplo~nent, a~d persons attending gatherings of or g~therings sponsored by non-profit public service; C~aritable, educational, or religious organizations with- in the'~nity-'t~ P~iiess end c~n~,~e"n0~;intoxicattng Smlt liqu~-in City parks, except before 8:00 a.m. and after 9:30 p.m. Ho iouch permis- sion may be granted for such possession or consumption in or upon any public hat .h~ .buck Or anytlhe~e in S~Iver i~ke .hck ~ar~.~ The prohibitions of this Sectionl0.201Ll6) sbll not apply on .... Fridays, Saturdays, Sundays, or legal holidays to Huset Park between the hours of 8:00 a.m. and 11:00 p.u. end shall not apply to John Hurzyn Hall (Columbia Heights Fieldhouse) at any Section 2: Th~s ordinance shall be in full force and effect iron and after thirty (30) days after its passage. First reading: Second reod~: Date of passage: September 27, 1982 Offered by: Seconded by: ~oll call: Bruce C. Navrocki, Hoyor Jo-Anne ~tudent, Secretar~ to the Council Regular Council Meeting September 27, 1982 page 13 h. Resolution 82-q9 Establishing 1983 Business License and Permit Fees The fee schedule is similar to that submitted to the Council for 1982, however, a fee for home occupations had been added. There was some discussion regarding the home occupation fee and what would requlre a person to apply for this type of permit. The consensus of the Council was that the recommended fee was too high and it would be difflcult to determine where it would apply. Councilman Norberg felt that all fees should increase 8~ from last year's established schedule. Motion by Norberg, second by Hovland to waive the reading of the resolution there being ample copies available to the public and that the reference to Home Occupations Permits be delected from the schedule. Roll call: All ayes Motion by Norberg, second by Nawrocki to amend the fee schedule by increasing all of the fees by 8~ to the nearest dollar. Roll call: Norberg, Nawrocki--aye Hovland, Petkoff, Hentges--nay Motion fails RESOLUTION 82-q9 ESTABLISHING 1983 BUSINESS LICENSE AND PERMIT FEES WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regula- tions provides for the establishing of annual license fees, and WHEREAS, a new schedule was recommended in the 1983 proposed budget, NOW, THEREFORE BE IT RESOLVED, that the attached proposed license and permit schedule be adopted to be effective upon its adoption. Passed this 27th day of September, 1982. Offered by: o Seconded by: Roll call: Norberg Hovland Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--nay Bruce G. Nawrocki, Mayor Jo-Ahne Student, Council Secretary 6. Communications a. Columbia Heights/Hilltop Cable Communications Commission Motion by Hentges, second by Norberg to appoint Richard Bennett and William DeCoursey to the Cable Communications Commission for one year terms to expire on April I, 1983, and to appoint Ron Naegele, Joan Niznik and David Szurek for terms expiring on April 1, 198q, and to appoint Gayle Norberg as Council Representative. Motion to amend by Nawrocki, second by Movland to substitute Petkoff for Norberg as Cou- ncil Representavtlve. Roll call on amendment: Hovland, Petkoff, Nawrocki--aye Hentges-- nay Norberg--pass Roll call on amended motion: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--pass Councilman Norberg advised the Council he has materials, yet to be received, on 'inter- ference' complaints regarding Cable TV. He also requested the City Manager again to advise the Commission that this matter should be addressed at this time as it is very t|mely. b. 3.2 On-Sale Beer Licenses The City Attorney drafted an ordinance that addressed the Issuing of 3.2 on-sale beer licenses to clubs where minors would be present. Councilman Norberg felt the ordinance was too loose. Hotion by Hentges to waive the reading of the ordinance. Roll call: HDv- land, Petkoff, Hentges, Nawrockl--aye Norberg--nay Motion fails. The City Manager read inance No. 1020. The second reading and publlc.hearlng was scheduled for October 12th. ORDINANCE NO. 1020 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING OF CLUB5 Regular Council Meeting September 27, 1982 page 14 so._ !02o BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CI~/ ~ODE OF 1977, PERTAINING TO LICENSING OF CLUBS The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.501(3) of Ordinance No. 8$3,'City Code of 1977, p~ssed June 21, 1977, which reads as follows, to-wit: "On-sale" licenses under this section shall only be gr~nted in conjunction with the follo~ingbusinesses: drug stores, restaurants, hotels,, bona fide clubs, and establishments for the sale of non-intoxicating malt beverages, cigars, cigarettes, all forms of tobacco, beverages, and soft drinks at retail. "Bona fide club" as used herein is defined as any club organized for social or .business purposes or for intellectual improv~,~ent, or for the promotion of sports, where the serving Of such liquors is incidental to'nd not the major purpose of the club. is herewith amended to read as follows, to-wit: "On-sale licenses under this section shall only.be granted in conjunction · rlth the follo~ring businesses: drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of non-intoxicating malt beverages, cigars, cigarettes, all forms of tobacco, beverages, and soft drinks at retail. Section 2: "Bona fide club" as used herein is defined as any organization organized for social or business purposes or for-intellectual improvement, or for the promotion of sports, where the serving of such liquors is incidental to and not th8 major purpose of the organizatio~. Section 5.501(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Bona fide clubs which provide seating for fifty (50) or ~ore persons, either at tables or tn spectator areas, are exempt from the requirements of Section 5.501(6) to the extent.that minors may remain on the premises with the permission of the licensee and exempt from the requirement of Section 5.501(8). Section 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: September 27, 1982 Offered by: Seconded by: Roll call: Bruce O. Na~rocki, Hayor Jo-Anne Student, Secretary to the Council Regular Council Meeting September 27, 1982 page 15 7. Old and New Business · Old Business 1. Data Processing Information Mayor Nawrocki had previously requested information on data processing systems. The'City Manager advised the Council that he should have this within the week. 2. State Housing Agency--City's Application The City Manager advised the Council that the City's housing bond application is still being considered by the state housing agency. 3. Costs for PERA Councilman Norberg requested some information on the costs for PERA. h. Questionable Condition of a Dwelling Councilman Hentges voiced concern for a dwelling in the City that had been brought to his attention. He noted this dwelling has had an history of problems with maintenance and asked that staff investigate the situation. b. New Business 1. Award of Garbage and Refuse Contract Bids for the this contract had been distributed to 33 contractors. Five were received and opened on September 22, 1982. This contract had received much discussion by the Council before going out for bids. Notion by Norberg, second by Hovland that the 1982-198~ Garbage and Refuse Proposal from S Refuse, Inc. be accepted on the basis of being the lowest responslble bidder; and furthermore, that the Mayor and City Manager be authorized to execute an agreement with MCS Refuse, Inc. for the same. Roll call: All ayes 2. Authorization to Seek Bids-Shared Ride Program Notion by Petkoff, second by Norberg that the City Manager be authorized to seek bids for the Shared Ride Program for calendar year 1983; with the awarding of bids to be presented to the Counci] on October 25, 1982. Councilman Hentges would like to see amendments made to the specs on this matter parti- cularly in the area of eligible young riders. Motion to amend by Hentges, second by Norberg to establish the ticket price for children under )2 years of age the same as the price for a regular ticket. Notion by Norberg, second by Hentges to table this matter until later in the meeting for additional information. This item was again discussed in detail. Motion by Mentges, second by Hovland to tab)e this matter for additional information, that information being the total ridership of children 12 years of age and under not accompanied by parents. Roll call: Hovland, Norberg, Hentges--aye Petkoff, Nawrocki--nay Motion passes. 3. Purchase of Tires - . There was much discussion regarding radial snow tires versus non-radial snow tires. Council- man Norberg was of the opinion there clearly was no advantage to radial snow tires. Motion by Norberg, second by Mentges to return the request for this purchase to the City Nanager and seek more information regarding the use of non-radial tires. Roll call: Nor- berg--aye Hovland, Petkoff, Hentges, Nawrocki--nay Motion fails ~totlon by Hentges, second by Movland to authorize the purchase of six 225-70R15 F32 radial Vsnow tires; and six 215-70R!5 radial snow tires from Suburban Tire, Inc. in the amount not to exceed $SqO.90 based upon low Hennepln County and State Bid. Roll call: Hovland, Petkoff, Mentges, Nawrockl--aye Norberg--no vote Regular Council Meeting September 27, 1982 page 16 4. Request for Installation of Water Meter for Underground Lawn Sprinkler System This request had been received from the LaBelle Park Condominiums. The City Manager rec/ mended that the policy presently being employed continues. The M~yor noted that th~s re~ is for something that is not afforded individual homeowners in the City. Motion by Norberg to deny the request. The request was withdrawn by A1Mamel, represent- ative of the Condominium organization. 5. International City Managers Conference-Louisville, K~ntucky-October 17-21, 1982 The City Manager is requesting permission to attend this conference and that the expenses incurred with regard to his attendance be paid by him. Motion by Norberg, second by Petkoff to authorize the attendance of Robert Bocwinski, City Manager at the International City Managers Conference in Louisville, Kentucky from October 17 through October 21, 1982. Roll call: Hovland, Petkoff, Norberg--aye Hentges, Nawrocki-- nay Waiver of the "11:30" Rule Motion by Petkoff, second by Hovland to waive the "11:30" rule and complete the agenda. Roll call: Hovland, Petkoff, Nawrocki--aye Norberg--nay Hentges--abstain 6. Request for Variance--Group W Cable TV This variance request is for two areas originally planned for underground installation of cable. The areas where overhead installation is planned are 44th Avenue between Central and the alley which is located between Central Avenue and Van Buren Street, and 42½ Avenue and 43rd Avenue on Pierce Street. The Mayor noted that some of thls installation had al- ready been done. He questioned procedure when a request is received 'after the fact.' Councilman Norberg advised that someone representing Group W be prepared to address the Council on this questionable procedure. Motion by Hentges, second by Norberg to table this matter for further information. Roll call: Norberg, Hentges, Nawrocki--aye Hovland, Petkoff--nay Motion carries. 7. Administrative Assistant Vacancy Mayor Nawrocki had concern with filling this vacancy until the 1983 budget had been finally adopted. Motion by Nawrocki that no further action be taken to fill the Administrative Assistant position until the 1983 budget has been adopted. Motion dies for lack of a second. 8. Reports a. Report of the City Manager This report was presented in written form. Many of the items on the report were discussed by the Council. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Norberg, second by Hovland to grant the licenses as listed upon payment of proper fees. Roll call: All ayes 10. Payment of Bills Motion by Petkoff, second by Hovland to pay the bills as listed out of proper funds. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay j Motion by Hentges, second by Movland to adjourn the me~.t~'[h at 1 /Anne studen-t. Counc ~T'~ec'r~tary All ayes