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