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HomeMy WebLinkAboutOct 11, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR MEETING OCTOBER ll, 1983 meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Nawrocki--present Hentges--absent Councilman Hentges was attending an HRA meeting and would be coming later. 2. Invocation The Invocation was offered by Fred Salsbury the Public Works Director. 3. Minutes of Previous Meetings Motion by Petkoff, second by Hovland to approve the minutes of the Regular Council Meeting of September 26, and the Public Hearing and Special Meeting of October 3rd as presented in writing and that the reading be dispensed with. Roll call: Ail ayes 4. Oral Petitions A petition was received by the Council signed by residents of the area of the 41OO and 4200 blocks of Quincy and Van Buren. The petition addressed the problems this area has been ex- periencing with traffic, both in the streets and in the alleys, that comes from the North- western Electronics Institute and on-street parking. Motion by Norberg, second by Hovland that the petition be accepted and placed on file. Roll call: All ayes Mayor Nawrocki requested that copies of this petition be sent to members of the Traffic Commission. Mayor Nawrocki advised residents that presently there are two ordinances being considered that may help in the problems being experienced. The Police Chief has asked the City Attorney to draft an ordinance that will address driving through alleys. Proclamation Mayor Nawrocki read a proclamation in observance of Columbia Heights Athletic Boosters Week, October 17 through October 23, 1983. Councilman Hentges arrived at the Council meeting at 8:25 pm. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1055 Dram Shop Insurance This ordinance addressed dram shop insurance for intoxicating liquor, club and wine licenses. Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1055 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,CITY CODE OF 1977, PERTAINING TO DRAM SHOP INSURANCE FOR INTOXICATING LIQUOR, CLUB AND WINE LICENSES The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503(15) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "In the event a liability insurance policy is filed, such liability insurance policy shall be in the amount of $IOO,OO0 coverage for one person and $300,000 coverage for more than one person and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obliged to pay by reason of liability imposed upon him by law Regular Council Meeting October 1], ]983 page 2 for injuries or damages to persons, other than employ- ees, including the liability imposed upon the insured by reason of Hinnesota Statute §340.95. Such liability insurance policy shall further provide that no cancellation for any cause can be made either by the insured or the insur- ance company without first giving ten days' notice to the City in writini o: the intention to cancel the same, addressed to the License Division. Fur- ther, it aha11 provide that no payment-of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay to the extent of the principal amount of the policy any damages for death or injury caused by or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the City shall be named as Joint insureds on the liability insurance policy." is herewith amended to read as follows, to-wit: "Every applicant and licensee must file proof of financial responsibility with the City Clerk as follows: (a) A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: $100,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $300,000 because of bodily injury to two or more per- sons in any one occurrence, and in the amount of $10,000 cause of injury to or destruction of property of others in any one occurrence. [ii] $100,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000 for loss of means of support of two or more persons in any one occurrence. (b) A bond of a surety company with mtninum coverages as provided in Section 5.503(15)(a), or, (c) (d) A certificate of the state treasurer that the licensee has deposited with him $300,000 in cash or securities which may legally be pur- chased by savings banks or trust funds having a market value of $300,000. Any insurance certificates or policies filed with the City shall pro- vide that the insurer may not cancel coverage without first giving 30 days' written notice to the City. The certificate or policy must show the names of the insurance company and agency,.policy number, and policy expiration dat~. Receipt by the City of a notice of expira- ti0n of required insurance or entering into the final thirty days of~ the term of any required policy without a renewal or other complying' policy being filed with the Clerk shall result in the t-~ediate revo- cation or suspension of the license." Section 2: Section 5.504(14) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Regular Council Meeting October 11, 1983 page 3 An applicant for an on-sale wine license shall file with the City Clerk a ~ond with corporate surety, or · liability insurance policy or, in lieu thereof, cash or United States government bonds in a sun set by resolution of the CouncAl, which bond shall be approved hy the Council. In the absence of a resolution, said sum shall be $5,000.00. Zn the event · liability insurance policy is filed, such liability insurance policy shall be in the anount of $100,000 coverage for one person and $300,000 coverage for more than one person and shall specifically provide for the' paynent by the insurance company on behalf of the insured of all suns ~lch the insured shall become obliged to pay by reason of liability imposed upon him by law for injuries or damages to persons, other than employees, including the liability inposed upon the insured by reason of Nlnnesota Statute ~340.95. Such liability insurance policy shall further provide that no can- cellation for any cause can be made either by the insured or the insurance company without first giving ten dayst notice to the City in writing of the intention to cancel the sane, addressed to the License Division. Further, it shall provide that no payment of any clain by the insurance company shall in any harmer decrease the coverage provided for in respect to any other cia in or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay to the extent of the principal amount o~ the policy any damages for death or injury caused by or resulting from the violation of any law relating to the lmsi- ness for which such license has been granted. ~he licensee and the City shall be named as Joint insureds on the l~abi- 1try insurance policy. Section 3: 5.so2 (5) is herewith amended to read as follows, to-wit: "Every applicant and licensee shall provide insurance in accordance with Section 5.503(15)." Section 5.502(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: The ·pplic·nt sh·ll ~lso obtain and present proof of · liability insurance policy in the amount of $100,000.00 for one person and $250,000.00 coverage for more than one person. Said policy shall specific·lly provide for the payment by the .insurance company on behalf of the insured of all sums which the insured shall become obligated to pay by reaso~ of liabili'ty imposed upon him for injuries ~ oT d~ges to persons other than ~ployees, including the liability imposed upon the insured by reason of Hinn. Stat. 340.95. Such liability P°licy shall further provide that no cancellation for any'ca~se can'be given either by t~e insured or the insurance company without first giving ten (lO) days notice to the City in writing of intention to cancel the same addressed to the Clerk. Regular Council Meeting October Il, 1983 page 4 Section 4: (b) (c) Such liability policy shall further provide that no payment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or the company thereafter. Such liability policy shall be conditioned that the insurer shall pay to the extent of the principal the amount of the policy any damages for death or injury caused by or resulting from the violation of any law relating to the business for which such license has been granted. (d) The licensee and the City shall be named as joint insured under the lia- bility insurance policy. is herewith amended to read as follows, to-wit: "Every applicant and licensee shall provide insurance in accordance with Sect- ion 5.503(15)." 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 26, 1983 October 15, 1983 October Il, 1983 Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1056 Offered by: Norberg Seconded by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Dram Shop Insurance for Beer Licenses Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1056 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO DRAM SHOP INSURANCE FOR BEER LICENSES The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.501(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to-wit: "Every applicant and licensee shall provide insurance in accordance with Section 5.503(15)." Section 2: Section 5.501(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Off-sale beer licenses with annual beer sales of less than $9,000 are exempt from the insurance provisions of Section 5.501(10). No such exemption shall be granted unless the licensee: (a) furnishes proof by accountant's affidavit or other documentary evidence satisfactory to the Clerk, and 'Regular Council Meeting October Il, 1983 page 5 (b) such proof is found satisfactory to the Liquor Control Commission in demon- strating that the applicant has annual sales of less than $9,000." 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 26, 1983 October Il, 1983 October Il, 1983 Offered By: Norberg Seconded By: Hovland Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1057 Parking Stall Width This ordinance would allow compact car parking stalls in parking lots exceeding 300 parking spaces with spaces measuring 8' in width and 18' in length and would require the posting of signs indicating compact parking spaces. This ordinance would have an impact on the North- western Electronics Institute (NEI) in the City of Columbia Heights. The President of NEI stated that presently approximately 48% of the students enrolled at that facility drive compact cars and he would prefer the measurements of the stalls to be 7½' wide. The Mayor suggested that the ordinance should include language that addressed post-secondary schools and a system of dedication for parking stalls. Motion by Norberg, second by Hovland to defer further consideration of Ordinance No. 1057 until later in the meeting to allow the City Attorney to draft changes to the ordinance per the Council discussion. Roll call: All ayes The City Attorney incorporated the sug- ~tions of the Council into the ordinance. on by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Motion to amend by Norberg, second by Hovland to change in Section 1: Section 9.116(2)(h) the second sentence to read: Provided, however, that in school parking lots of more than three hundred (300) parking spaces, up to forty percent (40%) of such spaces may be desig- nated and clearly marked as compact car parking spaces. Roll call on amendment: All ayes ORDINANCE NO. 1057 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PARKING STALL WIDTH The City Council of the City of Columbia Heights does ordain: Section l: Section 9.116(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 9.116(2) Off-Street Parking and Loading Areas (a) Existing off-street parking and loading spaces upon the date of this Ordin- ance shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar new use. (b) Should a building, structure or use in existence upon the effective date of this Ordinance be damaged or destroyed by fire or other cause, it may be re-est- ablished according to Section 9.104(3)(f), but in so doing, the number of off- street parking or loading spaces which exists must be retained and should plans be proposed for enlarging the floor area, seating capacity of other facilities which would affect the parking or loading requirements, the parking or loading spaces shall be enlarged accordingly. Regular Council Meeting October ll, 1983 page 6 (c) (d) (el (gl (hi (j) (k) (1) Calculatln9 Space: When determining the number of off-street parking spaces required results in a fraction, each fraction on one-half (i/2) or more shall constitute another space. Yards: Parking and loading areas shall be subject to required front yards ac- cording to the district in which such parking Is located. Floor Area: The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be all of the floor area of the various floors of a structure measured to center of all partitions, except those areas used for dead storage, building maintenance, office of building management, rest rooms, dressing rooms, employees lunch room, conference rooms or utility rooms. Benches in Places of Public Assembly: In stadiums, sports arenas, churches, and other places of public assembly in which patrons and spectators occupy benche~ pews, or other similar seating facilities, each twenty-two (22) Inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Ordinance. Parkin9 Spaces: Each parking space shall not be less than nine (9) feet wide and twenty (20) feet in length, exclusive of an adequately designed system of access drives. Use of Parkin9 Facilities: Off-street parking facilities accessory to resident- ial uses shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed nine thousand (9,000) pounds gross capacity for each dwelling unit. Under no circumstances shall required parking facilities acces- sory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments. Joint Parkin9 Facilities: Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any "Dist- rict'' (except R-1 and R-2 Residential Districts) in which separate parking facilities for each separate building, structure or use would be required, pro- vided that the total number of spaces provided shall equal the sum of the sep- arate requirements of each use. Off-Site Parkin9 Area: Spaces accessory to multiple dwellings shall be within 200 feet of the main entrance to the building being served and when accessory to commercial or industrial uses, within 400 feet. Control of Off-Street Parkinq Facilities; ~hen required accessory off-street parking facilities are provided elsewhere than on the. lot in which the pri. n- cipal use served is located, they shall be in the same ownership or contro]~ either by deed or long-term lease, as the property occupied by such. principal use. The owner of the principal use shall file a recordable document with the City of Columbia Heights requiring the owner and his or her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use. Required off-street parking space in R-1 and R-2 Residential Districts shall be in on the same. lot as the principal building. Regular Council Meeting October ll, 1983 page 7 (mi Use of Parking Areas: Required off-street parking space in all Districts shall not be used for open storage of goods (such as boats, camp trallers, winter fish houses, semi-trailsers; construction equipment, or other such items) or for the storag~of vehicles which are inoperable or for sale or for rent. shall hereafter read as follows, to-wit: Off-Street Parking and Loadlng Areas (a) Existing off-street parking and loading spaces upon the date of this Ordlnance shall not be reduced In number unless said number exceeds the requirements set forth herein for a similar new use. (bi Should a building, structure or use In existence upon the effective date of thls Ordinance be damaged or destroyed by fire or other cause, it may be re-established according to Section 9.104(3)(f), but in so doing, the number of off-street park- ing or loading spaces which exists must be retained and should plans be pro- posed for enlarging the floor area, seating capacity or other facilities which would affect the parking or loadlng requirements, the parking or loading spaces shall be enlarged accordingly. (c) Calculating Bpace: ~hen determining the number of off-street parking spaces re- quired results in a fraction, each fraction of one half (i/2) or more shall con- stitute another space. (d) Yards: Parking and loading areas shall be subject to required front yards ac- cording to the district in which such parking Is located. (e) Floor Area: The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be all of the floor, area of the varlous floors of a structure measured to center of all partitions, except those areas used for dead storage, bulldlng malntenance, office of bullding management, rest rooms, dressing rooms, employees lunch room, conference rooms or utility rooms. (fi .(h~ Benches in Places of Public Adsembl¥.: In stadiums, sports arenas, churches, and other places of public assembly In which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) Inches of such seating facilities shall be counted as one (I) seat for the purpose of deter- mining requirements for off-street parking facllities under thl's Ordinance. Each parking space shall be not less than nine feet (9') wide and twenty feet (20') in length, exclusive of an adequately designed system of access drives. Provided, however, that in school parking lots of more than three hundred (300) parking spaces up to forty percent (40%) of such spaces may be designated and clearly marked as com- pact car parking spaces. A compact car parking space shall be not less than eight feet (8') wide and eighteen feet (18') in length exlcusive of the adequately de- signed system of access drives. No parking space may be designated as a compact parking space unless the parking space is clearly posted with signs which are reasonably visible even in winter months and which are approved by the Traffic Commission. Regular Council Meeting October 11, 1983 page 8 (i) Use of Parking Facilities: Off-street parking facilities accessory to resident- ial uses shall be utilized solely for the parking of passenger automobiles and/ or one truck not to exceed nine thousand (9,000) pounds gross capacity for each dwelling unit. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments. (j) Joint Parking Facilities: Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any "District" (except R-1 and R-2 Residential Districts) in which separate parking facilities for each separate building, structure or use would be required, provided that the total number of spaces provided shall equal the sum of the separate requirements of each use. (k) Off-Site Parking Areas: Spaces accessory to multiple dwellings shall be within 200 feet of the main entrance to the building being served and when accessory to commercial or industrial uses, within 400 feet. (1) Control of Off-Street Parking Facilities: When required accessory off-street parking facilities are provided elsewhere than on the lot in which the prin- cipal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use. The owner of the principal use shall file a recordable document with the City of Columbia Heights requiring the owner and his or her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use. (m) Use of Parking Areas: Required off-street parking space in all Districts shall not be used for open storage of goods (such as boats, camp trailers, winter fish houses, semi-trailers; construction equipment, or other such items) or for the storage of vehicles which are inoperable or for sale or for rent. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: September 26, 1983 October ll, 1983 October ll, 1983 Offered by: Hentges Seconded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor d. Second Reading of Ordinance No. 1058 Pertaining to Parking Spaces Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Discussion followed changes being proposed and suggestions were made by the City Attorney that addressed the required number of parking spaces being determined upon actual enrol- lment. Motion to amend by Hentges, second by Arden to adopt the proposed language by the City At- torney regarding Section 9.116(4)(j)(ii) as follows: "provided however, that the number of parking spaces shall never be less than that stated in Section 9.116(4)(j)(ii)". Roll call on amendment: All ayes Councilman Norberg felt that the ordinance had become too restrictive. Regular Council Meeting · October 11, 1983 page 9 ORDINANCE NO. 1058 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PARKING SPACES The City Council of the City 9f Columbia H~ights does ordain: Section 1: Sec%ion'9.116(4) of Ordinance No. 853, City Code of 1977, passed June 1977, which reads as follows, to-wit: 9.116(4) Required Off-Street Parking (al (b) (c) (d) (el (f) (gl (h) (l) (j) (k) (1) Calculatin~ Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of oneJhalf (½) or more shall constitute another space. Garage or Carport: A garage or carport shall be considered a parking space. However, a building permit shail not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. Single Family l)wellin~: At least two (2) parking spaces, one of which shall be a garage. Two Family Dwelllng: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. Roomin9 House: At least two (2) parking spaces for each three persons for which accommodations are provided for sleeping. Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and I in ali "B" Districts, one of which shall be a garage. Hotel: At least 1 parking space for each rental court provided in the design of the building. Motel: At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. School, Elementary and Junior High: At least one (1) parking, space for each class room plus one (1) additional space for each 300 student capacity. School, High School through College: At least one (1) parking space for each seven (?) students based on the design capacity, plus one {1) additional space for each two (2) class rooms. Church~ Clubs: At least one (I) parking space for each three and one-half (3½) seats based on the design capacity of the main assembly hall. Theatre, Ballfield, Stadium: At least one (I) parking space for each eight (8) seats of design capacity. Regular Council Meeting October ll, 1983 page l0 (m) Nospital: At lc;at one and one-half (1-1/2) parking spaces for each patient bed. (n) Santtariu~ Convalescent Homey ~est ~ome, Nursin~ ~ome or ~nsti- tution: .At least one (1) parking space for each six (6) beds for which acco~otattons are offered, plus one (X) additional space' · for each fifteen (i5) beds.' (c~ ~dfcal or Dental Cltnic or Vete~inar~'Office: At least three (3) parking spaces for each staff doctor or dentist according to sign capacity. ~p) ~repared Food ~stabit~h~ents: At least one (1) pa~king space for each fifteen (15) square feet of gross floor area in building ex- cept an area equal to four (&) square feet for each seat provided. (q)' Prepared'Food Deltvery'£stabltsh~ent: At least one (1) parking space for each 180 square feet of gross floor area in building of the Frepared Food Delivery Establtsh~ent'as such establish- ment is defined in Section 9.103(63). BovlfnK Alley: At least five (5) parking spaces lot each alley, plus additions/ spaces as may be required herein for related uses such as a restaura~to (s) Motor Fuel Stations: At'least six (6) pa~king spaces plus two (2). off-street park/nE spaces for each service stall. (t) Retail Store or Service Shop: At least one (1) off-street parking space for each tva hundred (200) square feet of floor area (net). Restaurant~ Cafe~ Bar, Tavern~ Nt~ht Club: At least one (1) space for each three (3) seats based on capacity design or where there is no design layout~ one (1) space for each thirty-five (35) square feet of gross floor area. Provided, however, the City Council=my by affir~ative vote grant a contractual parking per, it reducing the off-street parking require~ent for a structure existing on August 8, 1977 by not more than fifty percent. (50~) of the parking spaces re- quired in Section 9.115(~) of this Ordinance when the o~ner of the lot petitions the City Council and the City Council finds at'g hear- /nE on such petition that: i) 'The proposed use d~signed at ~aximu= capacity does not warrant the strict parking requirements of this section; and ii) iii) The reduction in required off-street parking spaces will not cost an additional burden on other lots or on on-street park- ing spaces; and The lot size is ~ot large enough to'allo~ the highest and best use of the proper~y ~rlthout such contractual parking permit; and iv) The use of the property does not include the sale of intoxi- cating liquors; and · Regular Council Meeting October II, 1983 page ll v) vii) ~et~tioner has filed au application ~ot 2ess than thirty (30) days before said hearing and has paid · perm/t fee net by Resolution of'the Council; iu the absence of a Resolution set- ting such fee, the application fee shall be $300.00; &nd · The ~etit~oner'is the 'o~ner of'good and narketab~e title to ,all of the property to~hich the contractual parktng'perntlt would apply. O~nership of the property shall be deter~ed the City A~to~ey based upon an abstract of title or registered property a~stract certified to t~e current date and supplied to the City Atto~ey at ~etitioner*s ~ense'no later th~ (15) days prto~ to the hearing on t~e petiti~. If the petition ~s granted by the City Council~ t~e contractu~ parking pe~it~y be issued only after the follovini condit~ons have ~een net: · 1) ~e o~eT-or o~ers and nll lienho~d.ers of record 3oin ~n ~ecut~ng the contractual pa~nE ~e~it v~ich docu~ ' neat shall be ~n a fo~ recorda~le ~n t~e office of the~oh - Cowry Recorder. ~e doc~t shgll provide that ~e there~ grated to the petitioner by the City Council are not transferable or assigna~le to the petitioner~s heirso successors or asst~s) to ~y other person) ~rsons, businesses, co~ora- tions or to ~y ot~er entity 0r entities, ~e doc~t specify t~at t~e contractual ~ar~ng pe~it shall be ~id o~y for t~e ~act use of t~e property specified Xn the ~e~t and t~at the pe~it s~all be void in the event the use of the ~r~ perry ~s chanted or ~ntens~fied Tegardless of the ~o~t 6f off- street paring requited for the ch·nEed oT ~ntensified use. Such docuuent shall be ~n the fo~ oi.a covenant Tunn~g~th the real property affected thereby. .. 2) Uses pe~itted by a contractual parking permit shall not con- stitute non-conforming uses within the ~eaning of the Columbia Heights Zoning Code. B) A contractual parking permit~ay be discharged by the owner of the property by~rritten notice which shall be in a form re- cordable in the office of rheA·ok· County Recorder and which fo~ shall be properly executed by the o~ner or o~mers and all lienholders of record and delivered to the City Clerk. 4) ~he contractual parking permit shall lapse upon the use of the property affected for purposes of serving alcoholic beverages. 5) Upon the contractual parking permit becoming invalid, dis- charEed~ or lapsing hereunder~ the property affected thereby shall be subject to the strict provisions of the City Code, excepting this Section 9.116(4)(t), and violations of such strict provisions shall subject persons violating to the criminal sanc- tions therein contained. 6) The covenant referred to herein shall contain provisions &l- lowing the City to enter upon the property~ case of violations for the purpose of enforcing the strict provisiofla of the City Regular Council Meeting October ll, 1983 page 12 Code end to allow the City to obtain'such le~el and equitable re- lief as · Court of competent Jurisdiction s my provide. ~he cove- nant shall further provide that the said o~ner or o~ners execut- ing the contract shall pay all attorneys' fees~ court costs~ and adainistrative fees incurred by the City in the ~forcement of the ~ovenant. 7) Any covenant entered in~0 hereunder and a~y contractual 'parking permit issued hereunder shall automatically expire twenty five (25) years after the date of filing of the said covenant in the office of the County Recorder. Banks, Offices and/or Public Office Buildings: At least one (1) · parking space for eac~ two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). (w) Undertaking Establish~ents: One (1) parking space for eaCh five (5) Feets or thirty five (35) square feet of seating area where there are no fixed seats, 'plus one (1) parking space for each two hundred fifty (250) square feet of floor area 'not 'used for seating. (x) Furnit~re Store, Appliance Store, Wholesale and l~are~'ouse: At least one (1) parking space for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus one (1) parkimg space'for each 1,O00 square feet over 6,000 square feet. (y) Open Sales Lots~ Lu~ber Tards~ Auto Sales: ~.'.One' (1) parking space each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 2~,000 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. forO (z) Auto Re~air~ Bqat and ~artna Sales~ Garden Store~ Trade Service Shops: ~our (l) parking spaces'plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate.~ Dance ~alls~ ~iniature Golf, Private Clubs, I~e Arenas and Other Recreation Centers: Ten (10) ~arking spaces plus one (1) addi- tional space for each two hundred (200) square feet of floor area (net). Hanufacturtnl, FabricstinE or Processing of a Product or Hateriel: ~our (4) off-street parking spaces plus one (1) lot each four hun- dred (400) square feet of floor area (gross). shall hereafter read as follows, to-wit: 9.116(4) Required Off-Street Parking (a) Calculatin~ Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of oneZhalf (½) or more shall constitute another space. · Regul'ar Council Meeting October Il, 1983 page 13 (b) Garage or Carport: A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the re- quired parking space. (c) Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) Rooming House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. (f) Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and 1 in all "B" Districts, one of which shall be a garage. (g) Hotel: At least 1 parking space for each rental court provided in the design of the building. (h) Motel: At least one (1) space for each dwelling unit or lodging room, plus one ~-) additional space for each eight units. (i) School, Elementary and Junior High: At least one (1) parking space for each class room plus one (1) additional space for each 300 student capacity. (j) (i) High Schools: At least one (1) parking space for each seven (7) students based upon design capacity, plus one (1) additional space for every two c 1 a s s rooms. (ii) Vocational Schools, Colleges, and Other Post-Secondary Schools: At least one (1) parking space for every two and one-eighth (2-1/8) students based upon actual enrollment. Actual student enrollment for purposes of this sec- tion is the greatest number of students which the school has enrolled for attendance at any one time provided that all students accommodated at other times or in other shifts shall also be included for the purpose of deter- mining actual student enrollment under this section if classes for a prior or subsequent time or shift begin or end within one and one-half (1-1/2) hours of the time when the greatest number is enrolled, provided however that the number of parking spaces shall never be less than that stated in Section 9.116(4)(j)(ii). (k) Church, Clubs: At least one (1) parking space for each three and one-half (3-1/2) seats based on the design capacity of the main assembly hall. (1) Theatre, Ballfield, Stadium: At least one (1) parking space for each eight (8) seats of design capacity. (m) Hospital: At least one and one-half (l-l/2) parking spaces for each patient bed. (n) Sanitarium, Convalescent Home, Rest Home, Nursin~ Home or Institution: At least one (1) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional space for each fifteen (15) beds. Regular Council Meeting October II, 1983 page 14 (C0 Mddical or Dental Clinic or V~te~inary'Office: At least three (3) parking,spaces for each staff doctor or dentist according to d~- sign capacity. ~p) Prepared Food Estah~i~hment~: At least one (1) parking space ~or each fifteen (15) square feet of gross floor area in building ex- cept an area equal to four (4) square feet for each seat provided. (q)' Prepared'Food Delivery'Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building of the Prepared Food Delivery Establishment'as such establish- 'meat is defined in Section 9.103(63). (r) Bowling Alley: At least five (5) parking spaces for each allel, plus additional spaces as may be required herein for ~elated uses such as a restaurant. (s) Motor Fuel Stations: At least six (6) parking spaces plus ~wo (2) off-street parking spaces for each service stall. (t) Retail Store or service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). Restaurant, Cafe, Bar, Tavern~ Ni~ht Club: At least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. Provided, however, the City Council my by affirmative vote grant a contractual parking permit reducing the off-street parking requirement for a structure existing on August 8, 1977 by not more than fifty percent. (50I) of the parking spaces re- quired in Section 9.116(4) of this Ordinance when the owner of the lot petitions the City Council and the City Council finds at'i hear- ing on such petition that: 'The proposed use dgstgned at maximum capacity does not warrant the strict parking requirements of this section; and iii) The reduction in required off-street parking Spaces will not cost an additional burden on other lots or on on-street park- ing spaces; and The lot size is not large enough to'allow the highest and best use of the property without such contractual parking permit; and iv) The use of the property does not include the sale of intoxi- cating liquors; and v) Petitioner has filed an application not less than thirty days before said hearing and has paid · permit fee set by lesolution of'the Council; ~n the absence of a Eesolution set- ting such fee~ the application fee shall be ~300.00; and ~Regular Council Meeting October Il, 1983 page 15 The ~etitfoner'is the o~ner of'good and ~arketabie title all of the property to'which the contractual parking'per.it vould apply. O~mership of the property shall be determ/med by the City l~tor~ey based upon an n~stract of title or registered property abstract certified to the current date and supplied to the City Atto~ey at petitioner's ~ense no later th~ (15) days prior to the hearing on the If the petition is granted by the City Council, the contractual parking perait~ay be issued only after the following conditions have been met: 1) The o~ner-or o~mers and all ltenhold~rs of record ~hall ~oin in executing the contractual parking permit which docu- ' meat shall be ina form record·bls in the office of the Anoi~n County Recorder. The document shgll provide that the rights there~n granted to the petitioner by the City Council ·re ~ot transferable or assignable to the petitioner's heirs, successors or assigns, to any other person, persons, businesses, corpora- tions or to any other entity 9r entities. The doctment shall specify that the contractual parking permit shall be v~lid only for the exact use of the property specified in the pernit nnd that the permit shall be void in the event the use of the pro- perty is changed or intensified regardless of the ~otmt ~f off- street parking required for the changed or intensified use. Such document shall be in the form of a covenant Tunning ~lth the real property affected thereby· .. 2) Uses permitted by s contractual parking permit shall ~ot con- stitute non-conforming uses within the meaning of the Colunbia Heights Zonint Code. 3) A'contractual parking permit may be discharged by the owner of the property by written notice which shall be in · ~ormre- cordable in the office of the Anoka County Recorder and which form shall be properly executed by the o~mer or owners and &11 lienholders of record and delivered to the City Clerk. ~) The contractual parking permit shall lapse upon the use of the property affected for purposes of serving alcoholic beverages. 5) Vpon the contractual parking permit becoaing invalid~ dis- charged~ or lapsing hereunder~ the proper~y affected thereby shall be subject to the strict provisions of the City Code, excepting this Section V.l16(4)(t), sad violations of such strict provisions shall subject persons ~iolating to the cri~ninal sanc- tions therein contained. 6) The covenant referred to herein shall contain provisions &l- Icking the Cit~ to enter upon the property ~n case of ~iolations .for the purpose of enforcing the strict provlsiofls of the City Regular Council Meeting October ll, 1983 page 16 Code and to allow the City to oBtaiu'auch legal and equitable re- lief as a Court of competent Jurisdiction s my provide. ~he cove- nant shall further provide that the said owner or owners execut- ing the contract shall pay all attorneys' fees, court costs, and administrative fees incurred by the City in the ~forcement of the ~ovenant. 7) Any ~ovenant en~ere~ into hereunder and a~y contractual parking per, it issued hereunder shall automatically ~!re treaty five (2~) 2ears after the date of fflint of ~he sai~ covenant in the office of ~he County Recorder. Banks, Offices and/or PuBlic Office Buildings: At least one (1) 'parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one ('1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). (w) Undertaking Establishments: One (1) parking space for each five (5) Feats or thirty five (35) square feet of seating area where there are no fixed seats, 'plus one (1) parking space for each two hundred fifty (250) square feet of floor area'not hsed for seating. (x) lrurnit~re Store, Appliance Store, l~holesale and Wareh'ouse: At least one (1) parking space for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus one (1) par~t~g space'for each 1,000 square feet over 6,000 square feet. (y) Open Sales Lots~ Lu~ber Yards~ Auto Sales: ~..One' (1) parking space for each t~o thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land ~p to a parcel of ~l,O00 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. (z) Auto Repair~ Boat and Marina Sales, Carden Storet Trade Service Shops: ~our (4) parking spaces'plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate, Dance Halls, Miniature Golf~ Private CluBs, I~e Arenas and Other Recreation Centers: Ten (10) parking spaces plus one (1) addi- tional space for each two hundred (200) square feet of floor area (net). (b~ Manufacturing, ~abrieatin2 or Processinz of a Product or FLaterial: ~our (4) off-street parking spaces plus one (1) for each four hun- dred (400) square feet of floor area (gross). Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting October ll, 1983 page 17 ~st reading: :ond reading: Date of passage: September 26, 1983 October ll, 1983 October Il, 1983 Offered by: Seconded by: Roll call: Hentges Hovland Hovland, Hentges, Nawrocki--aye Petkoff, Norberg-- nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary e. Second Reading of Ordinance No. 1059 Updating Fire, Housing and Building Codes Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: all ayes The Mayor inquired if there were any significant changes being proposed and was advised by the Building Inspector that there were none. ORDINANCE NO. 1059 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO UPDATING FIRE, HOUSING AND BUILDING CODES The City Council of the City of Columbia Heights does ordain: Section 1: Section 6.201(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "The State Building Code of the State of Minnesota, 2MCAR 1.10101 through 1.18901, together with 2MCAR 1.10111 Appendix D (Building Security), and 1979 UBC Append- ices B, C, and D, and Flood Proofing Regulatlons, as currently amended and to the extent that such Flood Proofing Regulations do not conflict with Chapter 9, Artlcle III of this Code, is hereby adopted by reference to regulate bu|lding and construction standards for work performed and materials used within the City. shall hereafter read as follows, to-wit: "The 1982 State Building Code of the State of Minnesota, 2MCAR 1.lO101 through 1.18901, together with 2MCAR 1.10111 Appendix D (Building Security), and 1982 UBC Appendices Chapters 38 and 70, Minnesota Plumbing Code Appendices B,C, and D, and Flood Proofing Regulations, as currently amended and to the extent that such Flood Proofing Regulations do not conflict with Chapter 9, Article Ill of this Code, is hereby adopted by reference to regulate building and construction standards for work performed and materials used within the City. Every pro- vision contained in said Code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said Code shall be the Build- ing Code." Section 2: Section 6.202(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, ~" which reads as follows, to-wit: Regular Council Meeting October ll, 1983 page 18 Section 3: Section 4: Section 5: Section 6: "The Unifor~ Housing Code, 1979 Edition, ·s ~mended, International Con- ference of Building Officials, is hereby adopted by reference to regu- late housing construction and maintenance standards within the City. Every provision contained in said code is hereby adopted ·nd ~ade · part of this Code as if fully set forth herein, except es hereinafter provided. The short title of said code shall be the Housing Code. Three (3) copies of said Housing Code shall be On file and available for inspection at the office of the City BuildinS Official." shall hereafter read as follows, to-vii: "The Unifor~ Housing Code, 1982 Edition, as amended, Internatioflsl Con- ference of Building Officials, is hereby adopted by reference to regu- late housing construction and maintenance standards within the City. Every provision contained in said code is hereby adopted ·nd ~de · part of this Code as if fully set forth herein, except as hereinafter provided. The short title of said code shall be the Housing Code. Three (3) copies of said Housing Code shall be on file and avail~ble for inspection at the office of the City Building Offichl. Section 6.202(3) of Ordinance'No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall herewith read as follows: "In Section &O1 of said Housir~ Code, the definition of Building Code is a~ended to proi-lde that the Building Code is the Hinnesota State Building Code." Section 6.202(4) of Ordinance No. 853, City Code of 1977, passed June 21,. 1977, which is currently reserved, shall herewith read as follows: "In Section 401 of said Housing Code, the definition of Hechanical Code is amended to provide that the Hechanical Code is the Hinnesota Rear- ing, Yentilating, Air Conditioning, ~nd Refrigeration Code." -- Section 8.401(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "The Unifor~ Fire Code, 1973 Edition, is hereby adopted by reference and made a part of this Code ·s if fully set forth herein.# is herewith amended to read as follows, to-wit: "The National Fire Codes, 1981 Edition, National Fire Protection Associa- tion, The Uniform'Fire Code, 1982 Edition, International'Conference of Bu$~ing Officials and Western Fire Chiefs Association, and the Hinne- sots A~endments thereto as adopted by 11 HCAR Sections 1.5101-1.$156, inclusive, except 11 HCAR Section 1.5108 and except 11 HCAR Section 1.5109, are hereby adopted by reference and made a part of this Code as if fully set forth herein," Section 8.401(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which read as follows, to-wit: "Any person, fir~, or corporation who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three hundred dollars ($300.00) or to imprison~ent not to exceed ninety (90) days, or both, for each offense." Regul~ar Council Meeting October ll, 1983 page 19 is herewith amended to read as follows, to-wit: "ll MCAR Section 1.5113 of the Minnesota Amendments is also hereby excepted from the provision adopted by reference herein. The Planning and Zoning Com- mission shall serve as an exercise all the powers of the Board of Appeals under Section 2.302 of the Uniform Fire Code (Section 8.401(1) of this Code). Section 7: Section 8.401(3) of Ordinance No~ 853~ City Code of 1977~ passed June. 21, 1977, which is currently reserved, shall herewith read as follow~ "Any person, firm° or corporation who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Five hundred dollars (_$500.OOl or to imprisonment not to exceed ninety (90) days, or both, for each offense." Section 8: 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 26, 1983 October Il, 1983 October ll, 1983 Offered by: Norberg Second by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor First Reading of Ordinance No. 1060 Granting of a Certain Easement This ordinance would grant a driveway easement over and across the west 22~ of the City's parking lot behind the Library. Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO, 1060 BEING AN ORDINANCE AMENDING ORDINANCE NO, 853, CITY CODE OF 1977, PERTAIiNING TO THE GRANTING OF A CERTAIN EASEMENT The City of Columbia Heights does ordain: Section 1: That the City of Columbia Heights shall grant to Constance B. Schuh a driveway easement over and across the west twenty two feet (22') of the north twenty ei. ght feet (28') of Lot 6, Blick 64, Columbia Heights Annex to Minneapolis. Section 2: The Mayor and City Manager are authorized to execute a quit claim deed to convey and grant the said easement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after i. ts passage. First reading: October ll, 1983 le second reading of Ordinance No. 1060 is scheduled for October 24, 1983. Regular Council Meeting October ll, 1983 page 20 g. First Reading of Ordinance No. lO61 Vacating an Alley This ordinance addresses the vacation of the east-west alley located between the north-south alley and Madison Street south of 40th Avenue. It was noted that the City Attorney would in- clude the cable utility easement for the second reading of the ordinance. Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. lO61 BEING AN ORDINANCE AMENDING ORDINANCE I,O. 853, CITY CODE OF 1977, PERTAINING TO VACATING AN ALLEY The City of Columbia Heights does ordain: Section l: The platted alley lying between Lot 43, Block 64 of Columbia Heights Annex to Minneapolis on the south and Lots 44, 45, 46, 47, and 48, Block 64 of Columbia Heights Annex to Minneapolis on the north is herewith vacated. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October Il, ]983 The second reading of Ordinance No. 106] is scheduled for October 24, 1983. h. First Reading of Ordinance No. 1062 Giving Preliminary Approval to a Project This ordinance refers to the Kraus-Anderson request for industrial revenue bonds for the Zayre building project. Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: all ayes ORDINANCE NO. 1062 BEING AN ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA EIIERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The City of Columbia Heights does ordain: 1. It is hereby found, determined and declared as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, en- couragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State of Minnesota to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be re- versed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2 Technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Columbia Heights (the "City"), a large part of the educational and public service facilities will be lost, and the movement of talented, educated personnel of ~egular Council October page 21 Meeting 11, 1983 of mature age to areas where their services may Ue effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facil- ities for the remaining population. 1.3. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. A representative of Kraus-Anderson, Inc. (hereinafter the "Applicant"), has advised this City Council (the "Council") that it desires to acquire land and remodel an existing building for use as a shopping center facility (hereinafter referred to as the "Project"). 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employment for residents of the City, including economically disadvants:ged or unemployed individuals. 1.6. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. 1.7. This Council has been advised by a representative of the Applicant, that on the basis of information submitted to them and their discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of cap- ital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Applicant, and the issuance of such bonds by the City would be a substantial inducement to the Applicant to construct its facility in the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474 to finance the Project of the Applicant at a cost presently estimated not to exceed $4,740,000. 3. The Project above referred to is hereby given preliminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of. the Project by the Minnesota Energy and Economic Development Authority and to the mutual agreement of this body, the Applicant and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. Regular Council Meeting October ll, 1983 page 22 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7a, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Minnesota Energy and Economic Development Authority for approval of the Project. The Mayor, Clerk, Treasurer and other officers, employees and agents of the City are hereby authorized to provide the Minnesota Energy and Economic Development Authority with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such doeumenLs' as may be appropriate to the Project, if it is approved by the Minnesota Energy and Economic Development Authority. 5. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. The Mayor, Clerk-Treasurer, City Attorney, and other officers, employees and agents of the City are hereby authorized t'o assist Bond Counsel in the preparation of such documents, z 6. In accordance with Minnesota Statutes, Section 474.01, Subdivision 11, the City Manager and other o'fficers, employees and agents of the City are hereby authorized and directed to encourage the Applicant to provide employment opportunities to economically disadvantaged or unemployed individuals. Such individuals may be identified by such mechanisms as are available to the City, including a first source agreement in which the Applicant agrees to use a designated State of Minnesota employment office as a first source for employment recruitment, referral, and placement. 7. The City shall have the right, in its sole discretion, to withdraw from participation, and accordingly, not issue ils revenue bonds for the Project, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue ils revenue bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. The decision of the City Council with respect to any of the aforementioned matters shall be incontestable. 8. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 11, 1983 The second reading of Ordinance No. 1062 is scheduled for October 24, 1983. To undertake and finance this project a public hearing is necessary and this public hearing must be set by resolution. Motion by Hentges, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 83-50 BEING A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 474 WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 474.Olret seq. (the Act), authorizes the issuance of revenue bonds to finance projects; and WHEREAS, the term "project" is defined by Section 474.02, subdivision la, of the Act to include "any properties, real or personal, used or useful in connection with a revenue Regular Council Meeting October ll, 1983 page 23 ing enterprise"; and WHEREAS, a prepresentative of Kraus-Anderson, Inc. (the "Developer") has presented this City Council with information concerning a proposed project (the "Project") to be acquired and constructed within the City of Columbia Heights (the "City"); and WHEREAS, the Developer has requested that the City resolve to issue revenue bonds pursuant to the Act to finance the Project and has presented to the City a form of preliminary ord- inance concerning such issuance with ~, request that such preliminary ordinance, attacked hereto as Exhibit A, be considered for' adoption by the City Council of the City; and. WHEREAS, Section 474.O1, subdivision 7b, of the Act provides that the City Council must conduct a public hearing on any proposal to undertake and finance a project; and WHEREAS, Section 474.01, subdivision 7b, of the Act provides that notice of the time and place of such public hearing and stating the general nature of the project and an est- imate of the principal amount of bonds or other obligations to be issued to finance the project must be published at least once not less than fifteen (15) days nor more than thirty (30) days prior to the date fixed for the public hearing in the official news- pap er of the City and a newspaper Of general circulation in the City; and WHEREAS, Section 474.01, subdivision 7b, of the Act provides that the notice must state that a draft copy of the proposed application (the "Application") to the Minnesota Energy and Economic Development Authority for' approval of the Project, together with all attach- ments and exhibits, is on file with the City and available for public inspection; and ~EREAS, the Developer has presented t:o the City a form of public notice, attached hereto as Exhibit B, with a request that the City Council establish a date for a public hearing on the proposal to undertake and finance the Project and to authorize publication of the form of public notice provided by the Developer; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council of the City will conduct a public hearing on the proposal to undertake and finance the Project on the 24fh day of October, 1983. 2. The City Manager is hereby authorized to cause a public notice, substantially in the form of the notice attached hereto as Exhibit B, to be published in the official newspaper of the City and a newspaper of general circulation in the City. 3. The City Manager is hereby authorized and directed to have available for public inspection in the offices of the City a draft copy of the proposed Application, together with all attachments and exhibits thereto. Offered by: Hentges Seconded by: Petkoff Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Resolution 83-51 Amending Resolution Adopting 1984 Budget ion by Petkoff, second by Norberg to waive the reading of the resolution Shere being ample copies available to the public. Roll call: all ayes Regular Council Meeting October l~, 1983 page 24 RESOLUTION NO. 83-51 AMENDING THE RESOLUTION THAT ADOPTED THE 1984 BUDGET WHEREAS, the City Council of the City of Columbia Heights adopted the 1984 Budget on October 5, 1983; and, ~HEREAS, the resolution that was adopted did not include an appropriation for capital outlay equipment in the Cable Television Fund as was discussed in the budget work sessions. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that $18,400 be appropriated in the Cable Television Budget for the purchase of equipment and that the total appropriation for the Cable Television Budget be increased to $49,650. BE IT FURTHER RESOLVED that the funds for this increase will come from the Fund Balance in the Cable Television Fund. Passed this llth day of Ocbober, 1983. Offered by: Second by: Roll call: Petkoff Hentges Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. CommLln icat ions a. Planning and Zoning Commission 1o Donald Androsky, Variance, 937 42nd Avenue Appeal of Denial The Planning and Zoning Commission denied the request due to lack of hardship. Motion by Hentges, second by Hovland to grant the requested variance for construction of a 9'x 26' addition to enlarge the living room and bedroom. Councilman Norberg stated he liked the idea but could not ignore the hack of a hardhsip. The City Attorney said this addition would increase the liveability and improve the safety of the home. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain 2. Ordinance No. 1057 (parking stall widths) and Ordinance No. 1058 (parking spaces) The Planning and Zoning Commission had reviewed both of these ordinances. This was an informational item. 3. Preliminary Plan Approval Nelson School Housing Project The Council will be considering the preliminary plans of developer Jake Cadwallader at the October 24th Council meeting. This was an informational item. b. Traffic Commission 1. Vacation of Stub Alley This matter had been addressed earlier in the meeting with Ordinance No. lO61. Regular Council Meeting October ll, 1983 page 25 ;ESS: 10:O0 pm ~CONVENE: 10:20 pm 2. Placement of Bus Stop Motion by Hentges, second by Hovland to concur with the recommendations of the Traffic Commission to eliminate parking on the south side of 40th Avenue from the alley west to Van Buren for the purpose of a bus stop and to allow parking on the south side of 4Otb Avenue from the alley east to Central Avenue allowing up to four parking spaces on the street. Roll call: Hovland, Norberg, Hentges--aye Petkoff, Nawrocki--nay c. Hazardous Waste Treatment-Correspondence from the City of Fridley Two letters were received from Fridley regarding the hazardous waste treatment issue in that City. Councilman Norberg stated that he shares the concerns noted in Fridley's letters and feels that the City Council should go on record in support of Fridley's proposed actions either in court or financially. No Council action was taken. d. Letter of Appreciation A letter was received from the Police Department Secretary expressing appreciation for being authorized to attend a Secretarial Seminar. 7. Old and New Business a. Old Business There was no old business. New Business 1. Final Payment for Library Basement Modifications Motion by Hentges, second by Norberg to authorize the City Manager to remit fianl payment to D.W. Harstad Co., Inc. for the Columbia Heights Library basement modifications; such final payment being the amount of $11,503.85. Roll call: All ayes 2. Establishing Salaries Motion by Norberg, second by Hentges to establish $6.70 per hour for the hourly rate-for Jean McKenna, ~ccounting Clerk II (Utilities) effective October 12, 1983; and, to establish $1,904 per month as the monthly rate for Carol Jean Koster, City Accountant, effective October 12, 1983. Roll call: Hovland, Norberg--aye Petkoff, Nawrocki--nay Hentges-- abstain Motion fails Motion by Hentges, second by Norberg to establish $1,904 per month as the monthly rate for Carol Jean Koster, City Accountant, effective October 12, 1983. The Finance Director had advised the Council that the name of Carol Jean Koster was to be substituted for the name that was on the recommended motion on the annotated agenda. Roll call: Hovland, Norberg, Hentges--aye Petkoff, Nawrocki--nay 3. Authorization to Enter into Joint Purchasing Agreement for Fire Department Pumper Truck Motion by Hentges, second by Petkoff to authorize the Mayor and City Manager to execute a joint purchase agreement to provide for the purchase of a fire truck pumper. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norber§--nay 4. Purchases Shelving Units for Library Motion by Petkoff, second by Norberg to authorize the expenditure of $2,1OO from DMO, Inc., Distributor of Wilson Library Shelving of Minneapolis for the purchase of shelving units for the Library; and furthermore, that the City Council understands this purchase to be a proprietary item. Roll call: All ayes Regular Council Meeting October ll, 1983 page 26 b. Helmets-Fire Department Motion by Hentges, second by Petkoff to authorize the purchase of ten helmets from Clarey Safety Equipment of Rochester, Minnesota at a total cost of $500. Roll call: Ali ayes c. Tires for Loader Motion by Hentges, second by Hovland to authorize the purchase of materials needed to re- place four tires on a loader from Ziegler Tire Service (off the State of Minnesota contract) for $1,523.88. Roll call: All ayes 5. Establishing Work Session Monday, October 17, 1983 at 7:00 pm was the date and time agreed upon for a work session. 6. Appointment of Auditor for Audit of 1983 Financial Records Motion by Norberg, second by Hov~and to authorize the Mayor and City Manager to enter into an agreement with the George M. Hansen Company to undertake the 1983 Audit of the City's financial records at a cost not to exceed $10,500. It was noted that the HRA was included in the audit and the stated price. Roll call: Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--nay 7. City Attorney Interim Fees for Legal Services Motion by Hentges, second by Hovland to table this item until the Council work session on October 17th. Roll call: Hovland, Hentges--aye Petkoff, Norberg, Nawrocki--nay Motion fails. The Mayor stated he feels that the City needs an interim agreement for a City at- torney. Motion by Norberg, second by Petkoff to authorize the payment of legal services on an interim basis to Peterson and Kalina on the basis of $55 per attorney hour and $20 per para-legal hour effective September 13, 1983. Roll call: All ayes 8. Library' Book Shelves Councilman had a question concerning the lack of backing on shelves in the Library. He was advised that the specs did not call for backing at the time of installation. 8. Reports a. Report of the City Manager This report was presented in written form and many of the items in it were discussed. Additional items discussed were: l) Completion of the Innsbruck concrete project and the resulting good appearance 2) Fire truck has a leak and will be out of service until it is repaired 3) The annual state water supply inspection is scheduled for October 12th by the Minn- esota Health Department 4) Change ~rders being a topic for consideration at the upcoming work session 5) The disposition of the establishment of the salary for the Utility Clerk position. It was noted by the Mayor and Councilmember Petkoff that the City Manager should be more sensitive to taxpayers and residents when recruiting for City positions. 6) The Council was polled regarding their opinions on an item of arbitration b. Report of the City Attorney The City Attorney addressed some language changes that had been requested earlier in the meeting. Regular Council Meeting 'Octo6er ii, 1983 page 27 Licenses ion 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 Hentges, second by Hovland to pay the bills as listed, including the bills for prosecutions of $2,818.15 to Peterson and Kalina Law firm out of proper funds. Roll ca11: All ayes Adjournment Motion by Norberg, second by Hentges to adjourn the meeting a 12:35 am. RoH ca]~]: All . ayes Bruc~,.~. (~ne Student, Counci'r'-S-ecretary Nawrocki, Mayor