HomeMy WebLinkAboutSept 26, 1983OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
SEPTEMBER 26, 1983
Council meeting was called to order by Mayor Nawrocki at 8:00 pm.
1. Roll Call
Hovland, Petkoff, #~ntges, Nawrocki--present
Norberg--absent
2. Invocation
The Invocation was offered by Jo-Anne Student, Council Secretary.
3. Minutes of Previous Meetings
Motion by Hentges, second by Hovland to approve the minutes of the Regular Council Meeting
of September 12th, and the Special Council Meeting of September 12th as presented in wri-
ting and the reading be dispensed with. Roll call: All ayes
4. Oral Petitions
The developer of the Nelson School property requested that the Council make a decision on
the preliminary plan he submitted for the Planned Unit Development. He was advised by the
Mayor that when this plan was first submitted the residents in the area of the school had
been notified by mail of the plan's consideration and that many of them attended the meet-
ing where this matter was discussed. It was determined at that meeting that the submitted
plan did not meet ordinance requirements. The Council voted for the City Attorney to draft
a revision to tile PUD ordinance and tabled the request for approval of the preliminary plan
until the proposed new ordinance went into effect. Residents were advised of the effective
date and were also advised this matter would again be discussed at the October 24th Council
meeting. Mayor Nawrocki felt it to be unfair to residents if this matter were to be decided
upon, prior to the October 24th Council meeting. The developer stated that his reasons for
eking for approval at this time were based on the shortness of the construction season left
the timeframes he was eager to meet before winter weather prohibited external work that
ded to be done on the building.
Motion by Norberg to deny the approval of the PUD based on the present ordinance in effect.
Motion dies for lack of a second.
5. Ordinances and Resolutions
a. Second Reading of Ordinance No. 1053 Minnegasco Franchise
Replacement pages for pages 2 and 3 were distributed by the City Attorney. He addressed the
changes in these pages and indicated that they made no significant changes to the ordinance
so it would not need another first reading.
Motion by Hovland, second by Petkoff to waive the reading of the ordinance there being ample
copies available to the public. Roll call: All ayes
ORDINANCE NO. 1053
BEING AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES
AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY
FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
The City Council of the City of Columbia Heights does ordain:
Section 1: Chapter 12 of Ordinance #853, City Code of 1977, passed June 21, 1977., which is
Irrently reserved, shall hereafter read as follows, to-wit:
-CHAPTER 12
UTILITY FRANCHISES
ARTICLE I SRA UNIFORM GAS FRANCHISE (MINNEGASCO)
Regular Council Meeting
September 26, 1983
page 2
SECTION 1: DEFINITIONS
12.101
1 2.101 (1;)
The following terms shall mean:
Company. Minnegasco, Inc., a ~Linnesota corporation, its suc-
cessors and assigns.
12.101(2)
Gas. Natural gas, manufactured gas, mixture of natural gas and
manufactured gas or other forms of gas energy.
12.101(3)
Municipality, ~unicipal Council, ~micipal Clerk. These terms
mean respectively, the City of Columbia Heights, the Council of
the City of Columbia Heights and the Clerk of the City of Columbia
Heights.
12.101(4)
Public Ground. Ail streets, alleys, public ways, utility ease-
ments and public grounds of the Municipality as to which it has
the right to grant the use to the Company.
SECTION 2: FRANCHISE GENERALLY.
12.102(1)
Grant of Franchise. There is hereby granted to the Company, from
the effective date hereof through June 30, 2003, the right to
import, manufacture, transport, distribute and sell gas for public
and private use in the Municipality, and for these purposes to
construct, operate, repair and maintain in, on, over, under A~t
across the Public Ground of the Municipality, all facilities and
equipment used in connection therewith, and to do all things which
are necessary or customary in the accomplishment of these objec-
tives, subject to zoning ordinances, other applicable ordinan-
ces, permit procedures, customary practices, and the provisions
of this franchise.
12.102(2)
Effective Date; Written Acceptance. This franchise shall be in
full force and effect from and after the completion of all
three'of the follow/ng events, to wit:
_~a) 30 days from and after the passage of this Ordinance;
(b) Acceptance in writing by Company within 30 days after the
passage of this Ordinance; and
(c) This Ordinance has been published once per week for four
consecutive weeks in the official newspaper of the City.
12.102(3) Nonexclustve Franchise. This is not an exclusive franchise.
12.102(4)
Franchise Fee. The Company may be required to pay to the
Municipality, in the manner and at a rate prescribed by a
separate ordinance, a fee determined by collections from sales
of Gas, but not to exceed 5Z of the Company's gross revenue
from the sale of Gas within the Municipality. Such ordinance
may be adopted, amended, repealed or readopted at any time
during the term of this franchise. The fee, if required, shall
be effective 90 days after written notice of the ordinance to
the Company. No such fee shall be effective as to sales made
before January 1, 1984. The fee shall be separately stated on
gas bills rendered to customers within the Municipality.
~egular Council Meeting
September 26, 1983
page 3
12.102(5) ~blic~tion Expense. The expense of publication of this ordi-
nance shall be paid by the Company.
12.102(6) Default. If th~ Company is in default in the performance of
a~y material par~ of this franchise for more than 90 days after
re~eiving vritten notice from the Hunicipality of such default,
the Hunicipal Council may, by ordinance, terminate all rights
granted hereunder to the Company. The notice of default shall
be in ~rriting and shall specify the provisions of this
franchise under vhich the default is claimed and state the
basis therefor. Such notice shall be served on the Company by
personally delivering it to an officer thereof at its principal
place of business in Htnnesota.
If the Company is in default as to any part of this franchise,
the Hunicipality may, after reasonable notice to the Company
and the failure of the Company to cure the default ~rlthin a
reasonable time, take such action as may be reasonably
necessary to abate the condition caused by the default, and the
Company agrees to reimburse the Hunicipality for all its reaso-
nable costs and for its costs of collection, including attorney
fees.
Nothing in this section shall bar the Company from challenging
the Hunicipality's claim that a default has occurred. In the
event of disagreement over the existence of a default, the bur-
den of proving the default shall be on the Hunicipality.
SECTION 3 CONDITIONS OF USE.
Use of Public Cround. All utility facilities and equipment of
the Company shall be located, constructed, installed and main-
rained so as not to endanger or unnecessarily interfere vith
the usual and customary traffic, travel, and use of public
ground, and shall be subject to permit conditions of the
Hunicipality. The per, it conditions may provide for the right
of inspection by the Municipality, and the Company agrees to
makl its facilities and equipment available for inspection at
all reasonable times and places.
12.103(2)-~ Permit Required. The Company shall not open o~ disturb the
surface of any public ground for any purpose vithout first
having obtained a permit from the Hunicipality, for vhich the
Hunicipality may impose a reasonable fee to be paid by the
Company. The permit conditions imposed on the Company shall'
not be more burdensome than those imposed on other utilities
for similar facilities or vork. The mains, services and other
property placed pursuant to such permit shall be located as
shall be designated by the Hunicipality.
The Company may, hoverer, open and disturb the surface of any
public ground vithout a permit vhere an emergency exists
requiring the i~mediate repair of its facilities. The Company
in such event shall request a permit not later than the second
vorking day thereafter.
Regular Council Meeting
September 26, 1983
page 4
12.103(3) Restoration. Upon completion of any work requiring the opening
of any Public Ground, the Company shall restore the aame,
including paving and its foundations, to as good condition as
formerly, and shall exercise reasonable care to maintain the
same for two ~ars thereafter in good condition. Said work
~ha11 be completed as promptly as weather permits, and if the
Company shall not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and put the
Public Ground in good condition, the Municipality shall have
the right to put it in good condition at the expense of the
Companyi and the Company shall, upon demand, pay to the
Hunicipality the cost of such work done for or performed by the
Hunicipality, including its administrative expense and
overhead, together with ten percent additional as liquidated
damages. This remedy shall be in addition to any other remedy
available to the Hunicipality.
12.103(4)
Relocation of Utility Facilities. The Company shall promptly,
with due regard for seasonal working conditions, permanently
relocate its facilities or equipment whenever the Hunicipality
orders such relocation. If the relocation is a result of the
proper exercise of the police pover in grading, regrading,
changing the location or shape of or otherwise improving any
Public Ground or constructing or reconstructing any sever or
rater system therein, the relocation shall be at the expense of
the Company. If the relocation is not a result of the proper
exercise of the police pover, the relocation shall be at the
expense of the Hunicipality.
If such relocation is done ~lthout an agreement first being made
as to who shall pay the relocation cost, such relocation of the
facilities by the Company shall not be construed as a waiver of
its right to be reimbursed for the relocation cost. If the
Company claims that it should be reimbursed for such relocation
costs, it shall notify the Municipality within thirty days after
receipt of such order. The Municipality shall give the Company
reasonable notice of plans requiring such relocation.
Nothing contained in this subsection shall require the Company to
remove and replace its mains or to cut and reconnect its service
pipe running from the main to a customer's premises at its own
expense where the removal and replacement or cutting and recon-
necting is made for the purpose of a more expeditious operation
for the construction or reconstruction of underground facilities;
nor shall anything contained herein relieve any person from liabi-
lity arising out of the failure to exercise reasonable care to
avoid damaging the Company's facilities while performing any work
in any Public Ground.
12.103(5)
Relocation When Public Ground Vacated. The vacation of any Public
Ground shall not operate to deprive the Company of the right to
operate and maintain its facilities therein. Unless ordered under
Section 12.103(4), the Company need not relocate until the reaso-
nable cost of relocating and the loss and expense resulting from
such relocation are first paid to the Company. When the vacation
is for the benefit of the Municipality in the furtherance of a
public purpose, the Company shall relocate at its own expense.
Regular Council Meeting
September 26, 1983
page 5
12.103(6
Street Improvements, Paving or Resurfacing. The ~micipality
shall give the Company reasonable written notice of plans for
street improvements where paving or resurfacing of a permanent
nature is i~volved. The notice shall contain the nature and
character of the improvements, the streets upon which the improve-
ments are to be made, the extent of the improvements and the time
when the Municipality will start the work, and, if more than one
street is involved, the order in which this work is to proceed.
The notice shall be given to the Company a sufficient length of
time, considering seasonable working conditions, in advance of the
actual commencement of the work to permit the Company to m~We any
additions, alterations or repairs to its facilities the Company
deems necessary.
In cases where streets are at final width and grade, and the
Municipality has installed underground sewer and water mains and
service connections to the property line abutting the streets
prior to a permanent paving or resurfacing of such streets, and
the Company's main is located under such street, the Company may
be required to install gas service connections prior to such
paving or resurfacing, whenever it is apparent that gas service
will be required during the five years following the paving or
resurfacing.
SECTION 4 MISCELLANEOUS PROVISIONS
12.104(1)
Indemnification. The Company shall indemnify, keep and hold the
Municipality, its elected officials, officers, employees, and
agents free and harmless from any and all claims and actions on
account of injury or death of persons or damage to property occa-
sioned by the construction, maintenance, repair, removal, or
operation of the Company's property located in, on, over, under.,_
or across the public ground of the Municipality, unless such
injury or damage is the result of the negligence of the
Municipality, its elected officials, employees, officers, or
agents. The Municipality shall not be entitled to reimbursement
for its costs incurred prior to notification to the Company of
claims or actions and a reasonable opportunity for the Company to
accept and undertake the defense.
If a claim or action shall be brought against the Mmnicipality
under circumstances where indemnification applies, the Company, at
its sole cost and expense, shall defend the Municipality if writ-
ten notice of the claim or action is promptly given to the Company
within a period wherein the Company is not prejudiced by lack of
such notice. The Company shall have complete control of such
claim or action, but it may not settle without the consent of the
Municipality, which shall not be unreasonably withheld. This sec-
tion is not, as to third parties, a waiver of any defense or immu-
nity otherwise available to the M~nicipality, and the Company in.
defending any action on behalf of the Municipality shall be
entitled to assert every defense or tmmunity that the M~nicipality
could assert in its own behalf.
12.104(2)
Assignment. The Company, upon notice to the Manicipality, shall
have the right and authority to assign all rights conferred upon
it by this franchise to any person. The assignee of such rights,
by accepting such assignment, shall become subject to the terms
and provisions of this franchise.
~egu~ar uounc~ neet~ng
September 26, 1983
page 6
12.104(3)
Change in Form of Government. Any change in the form of goverm-
ment of the Municipality shall not affect the validity of this
franchise. Any governmental unit succeeding the Mmnicipality
shall, without the consent of the Company, automatically succeed
to all of t~e rights and obligations of the Mmuicipality provided
in this franchise.
12.1o4(4)
Severability. If any portion of this franchise is found to be
invalid for any reason whatsoever, the validity of the rest of
this franchise shall not be affected.
12.104(5)
SECTION 5
Notices. Any notice required by this franchise shall be suf-
ficient if, in the case of notice to the Company, it is delivered
to Minnegasco, Inc., Attention: Vice President, Minnesota
Operations, 201 South Seventh Street, Minneapolis, Minnesota
55402, and, in the case of the Nnnicipality, it is delivered to
City of Columbia Heights, Attention: City Nanager, 590 - 40th
Avenue Northeast, Columbia Heights, Minnesota 55421.
CHARTER REQUIR~ENTS
12.105(1)
That the Company shall Be subject to and will perform on its part
all %he terms of Sectio~ns.94 to 102, inclusive of the Charter of
the City.
12.105(2)
That the Company shall not issue any capital stock on account of
the franchise or the value thereof, and that the Company shall~ ~
have no right to receive, upon condemnation proceedings brought'-By
the City to acquire the public utility exercising such franchise,
any return on account of the franchise or its value.
12.105(3)
That no sale or lease of said franchise shall Be active until the
assignee or leasee shall have filed in the office of the City
Clerk an instrument, duly executed, reciting the fact of such sale
or lease, accepting the terms of the franchise, and agreeing to
perform all the conditions required of the Company thereunder.
12.105(4)
That every grant in said franchise contained of Permission for the
erection of poles, masts, or other fixtures in the streets and for
the attachment of wires thereto, or for the laying of tracks in,
or of pipes or conduits, under places of any Permanent or semi-
permanent fixtures whatsoever, shall be subject to the condition
that the council shall have the power to require such alterations
therein, or relocation or rerouting thereof, as the council may at
any time deem necessary for health, or convenience of the public,
and particularly that it shall have the power to require the remo-
val of poles, masts, and other fixtures bearing wires and the
placing underground of poles, masts, and of other fixtures bearing
wires and the placing underground of all wires for whatsoever pur-
pose used.
12. lO5 (5)
This franchise and every extension or renewal thereof must Be
accepted in writing by the Company within 30 days after its
passage by the Council and before its submission to a vote of the
people in case of a referendum. This franchise shall not Be
binding upon the City until its acceptance by the Company. ~uch
acceptance shall be construed to be an acceptance of and consent
to all the terms, conditions, and limitations contained in this
ordinance granting the franchise as well as of the provisions of
the Charter of the City of Columbia Heights.
Regular Council Meeting
September 26, 1983
page 7
Section 2: This Ordinance shall be in full force and effect from and after the completion
of all three of the following events, to-wit:
(a) 30 days from and ~fter the passage of this Ordinance;
(b) AcCeptance in writing by Company within 30 days after the passage of thi~,
OrdinanCe; and '
(c) This Ordinance has been published once per week for four consecutive weeks
in the official newspaper of the City.
First reading:
Second reading:
Date of passage:
September 12, 1983
September 26, 1983
September 26, 1983
Offered by: Hentges
Seconded by: Hovland
Roll call: All ayes
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
b. Second Reading of Ordinance No. 1054 Dram Shop Insurance for Beer Licenses
At the first reading of this ordinance it was noted that the insurance requirements for beer
licensees was proposed to be less than that for club and wine licensees. Some members of the
Council stated they would like the insurance requirements to be the same and requested the
City Attorney to draft an alternative ordinance to Ordinance No. 1054. After a lengthy dis-
cussion on insurance requirements Ordinance No. 1054 did not receive a second reading.
c. First Reading of Ordinance No. 1055 Dram Shop Insurance for Intoxicating Liquor, Club,
and Wine Licenses
Motion by Hentges, second by Novland to waive the reading of the ordinance there being ample
copies available to the public. Roll call: All ayes
ORDINANCE NO. I055
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 this 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 $1OO,0OO coverage for one person and $300,000
coverage for more than one person and shall specifically provide for the pay-
ment 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 for iniuries or damages to persons, other than employees, including the
liability imposed upon the insured by reason of Minnesota Statute 5340.95..Such
liability insurance policy shall further provide that no cancellation for any
cause can be made either by the insured or the insurance company without first
giving ten days' notice to the City in writing of the intention to cancel the
same, addressed to the License Division. Further, it shall provide that no pay-
ment of any claim by the insurance company shall in any manner decrease the cov-
erage 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 license and the
City shall be named as joint insureds on the liability insurance policy."
Regular Council Meeting
September 26, 1983
page 8
is herewith amended to read as follows, to-wit:
"Every applicant and licensee musk file proof of financial responsibility with the City C1
as follows: ~
(a) A certificate that there is in effect an insurance policy or pool providing the fol-
lowing minimum coverages:
(i)$100,O00 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 persons in any one occurrence, and in the amount of $10,000 because of
injury to or destruction of property of others in any one occurrence.
(ii)$100,O00 for loss of means of support of any one person in any one occurrence, and,
subject to the limit of 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 minimum coverages as provided in Section 5.503(15)(a),
or,
(c) A certificate of the state treasurer that the licensee has deposited with him $300,000
in cash or securities which may legally be purchased by savings bank or trust funds hav-
ing a market value of $300,000.
(d) Any insurance certificates or policies filed with the City shall provide that the insur-
er 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 date. Receipt by the City of a notice of expiration 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 re-
sult in the immediate revocation 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:
An applicant for an on-sale wine license shall file with the City Clerk a bond with
corporate surety, or a liability insurance policy or, in lieu thereof, cash or United
States government bonds in a sum set by resolution of the Council, which bond shall
be approved by the Council. In the absence of a resolution, said sum shall be $5,000.00.
In the event a liability insurance policy is filed, such liability insurance policy shall
be in the amount of $100,O00 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
the behalf of the insured of all sums which 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 imposed upon the insured by reason of
Minnesota 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 insurance com-
pany without first giving ten days' notice to the City in writing of the intention to
cancel the same, addressed to the License Division. Further, it shall provide that no
payment of any claim by the Insurance company shall in any manner decrease the cover-
age provided for in respect to any claim or claims brought against the insured or com-
pany 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.
September 26, 1983
page 10
Section l: 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 l°icensee shall provide insurance in accordance with
Section~5.503(15).'l
Section 2: Section 5.501(11) of Ordinance No. 853, City Code of 1977, passed this 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 $9,000.00 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
(b) such proof is found satisfactory to the Liquor Control Commission
in demonstrating that the applioant has annual sales of less than $9,000.00."
Section 3: This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading: September 26,1~83
The second reading of Ordinance No. 1056 is scheduled for October llth.
e. First Reading of Ordinance No. 1057 Parking Stall Widths
Motion by Hentges, second by Hovland to waive the reading of Ordinance No. 1057 there being
,le copies available to the public. Roll call: all ayes
inance No. 1057 would provide for compact car parking spaces in parking lots exceeding
300 spaces.
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 1: 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 Ord-
inance shall not be reduced in number unless said number exceeds the require-
ments 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-
established 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 or other fac-
ilities which would affect the parking or loading requirements, the parking or
loading spaces shall be enlarged accordingly.
Regule'.r Council Meeting
September 26, 1983
page 9
is herewith amended to read as follows, to-wit:
"Every applicant and licensee sh~F1 provide insurance in accordance with Section 5.503
(15) ."
Section 3: Section 5.502(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977,
which reads as follows, to-wit:
5.5o2(5)
The applicant shall also obtain and present proof of a liability insurance pol-
icy in the amount of $100,OOO.OO for one person and $250,000.00 coverage for
more than one person. Said policy shall specifically provide for the payment
by the insurance company on behalf of the insured of all sums which the in-
sured shall become obligated to pay by reason of liability imposed upon him
for injuries or damages to persons other than enployees, including the lia-
bility imposed upon the insured by reason of Minn. Stat. 340.95.
(a)
Such liability policy shall further provide that no cancellation for any cause
can be given either by the insured or the insurance company without first giv-
ing ten (lO) days notice to the City in writing of intention to cancel the same
addressed to the Clerk.
(b)
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.
(c)
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 liability
insurance poi icy.
is herewith amended to read as follows, to-wit:
"Every applicant and licensee shall provide insurance in accordance with Section
5.503(15)."
Section 4: This ordinance shall be in full force and effect from and after thirty (30) days
after i~s passage.
First Reading: September 26, 1983
The second reading of Ordinance No. 1055 is scheduled for the Council meeting on October llth.
d. First Reading of Ordinance No. 1056 Dram Shop for Beer Licenses
Motion by Hentges, second by Hovland to waive the reading of the ordinance there being
ample copies available for 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:
Regular Council Meeting
September 26, 1983
page 12
(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-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:
9.116(2)
Off-Street Parkin~ and Loadin~ Areas
(a)
Existing off-street parking and loading spaces upon the date of thls Ordinance
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-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 loading requirements, the parking or loading spaces
shall be enlarged accordingly.
(c)
Calculating Space: When determining the number of off-street parking spaces re-
quired results in a fraction, each fraction of one half (1/2) 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 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.
(f)
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 (1) seat for the purpose of deter-
mining requirements for off-street parking facilities under this Ordinance.
(g)
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 parking lots of more than three hundred (300) parking spaces,
up to twenty percent (20%) of such spaces may be designated and clearly marked
as compact car parking spaces. A compact car parking space shall be not less than
eight feet (8') wide and eighteen feet (18') in length exclusive of the adequately
designed 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
'September 26, 1983
page ll
(c)
(d)
(e)
(g)
(h)
(i)
(j)
(k)
(1)
Calculating Space: When determining the number of off-street parking spaces
required results in a fraction, each fraction on one-half (1/2) 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 benches,
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.
Parking 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 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 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 Parking 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 Parking 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 elsewhekb than on the lot in whi. ch 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.
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
September 26, 1983
page 14
(al
(bi
(c)
(d)
(e)
(f)
(g)
(hi
(j)
(k)
(l)
(m)
(n)
(o)
(P)
Calculating Spaces: When determining the number of off-street parking spaces re-
quired results in a f~action, each fraction of one-half (½) or more shall con-
stitut~ another space_
Garage ur Carport: A garage or carport shall be considered a parking space. How-
ever, 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 required
parking space.
Single Family Dwelling: At least two (2) parking spaces, one of which shall be
a garage.
Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of
which shall be a garage.
Rooming House: At least two (2) parking spaces for each three (3) 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 1 in all "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 1 space for each dwelling unit or lodging room, plus one (_1) add-
itional space for each eight units.
School~ Elementary and Junior High: At least 1 parking space for each class room
plus one additional space for each 300 student capacity.
School, High School through College: At least one parking space for each seven
(7) students based on the design capacity, plus one additional space for each
two classrooms.
Church, Clubs: At least one parking space for each three and one-half (3½) seats
based on the design capacity of the main assembly hall.
Theatre, Ballfie)d, Stadium: At least one parking space for each eight (8) seats
of design capacity.
Hospital: At least one and one-half (1-1/2) parking spaces for each patient bed.
Sanitarium, Convalescent Home, Rest Home, Nursing Home or Institution: At least
one parking space for each six beds for which accommodations are offered, plus
one additional space for each fifteen (15) beds.
Medical or Dental Clinic or Veterinary Office: At least three parking spaces for
each staff doctor or dentist according to design capacity.
Prepared Food Establishments: At least one parking space for each fifteen square
feet of gross floor area in building except an area equal to four square feet for
each seat provided.
'Regular Council Meeting
September 26, 1983
page 13
(h)
Use of Parking Facilities: Off-street parking facilities accessory to residential
uses shall be utilized solely for the parking of passenger automobiles and/or
one truck not to exce~ nine thousand (9,000) poinds 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
(i)
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 require-
ments of each use.
(j)
Off-Site Parkin9 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 ~ses, within 400 feet.
(k)
Control of Off-Street Parking Facilities:
When required accessory off-street parking facilities are provided elsewhere than
on the lot in which the principal 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 re-
cordable 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.
(1)
Use of Parkin9 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:
September 26, 1983
f. First Reading of Ordinance No. 1058 Pertaining to Parking Spaces
This ordinance proposes to change the required off-street parking for post-secondary ed-
ucational facilities.
Motion by Hovland, second by Petkoff to waive the reading of the ordinance there being ample
copies available to the public. Roll call: All ayes
ORDINANCE NO. 1058
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO
PARKING SPACES
The City Council of the City of Columbia Heights does ordain:
Section l: Section 9.116(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977,
which reads as follows, to-wit:
9.116(4) Required Off-Street Parking
Regular Council Heeting
September 26, 1983
page 16
1) ~he owner-or o~ners and all ltenho.lders of record
Join in executing the contractual parlcLng perudt ~hich tocu~ '
neat shall be ~ a Eo~ recordable ~ the of/ice of the ~oh -
Cowry Rec~Tder. ~e ~oc~t shg11 provide that ~e
there~ sr~te~ to the petitioner by the City Cou~c~ a~e
transferable or assignable to the petitioner's heirs~ successors
Or assi~s) to ny other person) ~rsons0 businesses, co~orn-
tions or to ~y other entity 9r entities. ~e docm~t sha~
specify that the contractual paring pe~it shall be ~i~ o~y
for the ~sct use of the property specified ~ the pe~t
that the pe~t sha~ be ~oid in the event the use of th~
party is changed or intensifiet regardless of the ~o~t ~f off-
street paring require~ for the chanEefl o~ intensified use. Such
document shall be in the fo~ of .= covenant Tunn~E ~th the r~l
property ~ffected thereby.
2) Uses permitted by n contractual parking permit shall not con-
stitute non-conforming uses within the Beaning of the Colmabta
Heights Zoning Code.
.3) A'contractua~ parking permit amy be discharged by the mmer
of the property by written notice which sh~11 be in a for~ re-
cordable ~n the office of the~o~ County ~ecorder and ~hich
fo~ shall be properly ~ecuted by the o~er o= o~ers and a~
lienholders of record and delivered to the C~y C~erk.
4) The contractual parking permit shall lapse upon the use of
the property affected for purposes of serving alcoholic beverages.
5) Upon the contractual parking permit beco~int invaltd~ dis-
charged~ 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 violat~ng to the crhinal sanc-
tions therein contained.
6) The covenant referred to herein shall contain provisions
lcr~ng the City to enter upon the property ~n case of violations
· for the purpose of ~nforcing the strict provlstofls of the City
Code and to allou the City to obtain'such legal and equitable re-
lief as a Court of co=patent ~urisdictionmy provide. ~he cove-
nant shall further provide that the said O~ner or owners execut-
ing the contract shall pay all attorneys* fees~ court costs~ and
administrative fees incurred by the Cit~ in the ~force~ent
of the ~ovenanto
7) Any covenant ~ntered into hereunder'and ~dy'co~tractual
'parking permit issued, hereunder shall automatically e~p~re
treaty five (25) years after the date of f/linE of thc said
covenant in the office of the County Recorders
}anks~ Offices and/or Public Office ~uildings: 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)°
Re~u]ar Council Meeting
September 26, 1983
page 15
(q)' Prepared'Food'Delivery'EStablishment: At least one (1) parkinE
space for each 180 square feet of gross floor are~ in building
of the Prepared Food Deliv&l-y Establish~ent' as such establish-
ment is defined in Section 9.103(63)o
}owltnR' Alley: At least five ($) parking spaces for each alley,
plus additional spaces as may be required herein for ~elated uses
such as a restaurant.
(s) ~otor Fuel Stations: At'least six (6) pa~king spaces plus tvo (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~ Night 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) s~uare
feet of gross floor area. Provided, however, the City Council~ay
by affi~ative vote grant a contractual parking permit reducing the
off-street parking requirement for a structure existing on August
1977 by not more than fifty percent. (50I) of the parking spaces
quired in SeCtion V,ll6(1) of this Ordinance when the o~ner of the
lot petitions the City Council and the City Council finds at'/ hear-
ing on such petition that:
'The proposed use d~signed at maximu~ capacity does ~ot ~arrant
the strict parking requirements of this section; and
ii)
The reduction in required off-street parkint Spaces will not
cost an additional burden on other lots or on on-street park-
ing spaces; and
iii)
l~e lot si-e is ~ot large enough to allow the highest and best
use of the property ~rlthout such contractual parking permit;
and
iv)
v)
v i)
The use of the property does not include the sale of intoxi-
cating liquors; and
~etltioner has filed ·n application not less than thirty
days before said hearing and has paid · per. it fee set by
Resolution of'the Council; in the a~sence of · Resolution
ting such fee~ the application fee shall be $300,001 ~nd
The ~etitioner'is the 'o~ner of good and ~arketabie title to '
all of the property to~hich the contractual parking'permit
~ould apply. O~nership of the property shall he deter~ined by
the City A£torney based upon an abstract of title or registered
property abstract certified to the cc:rent date and supplied to
the City Attorney at ~etittoner's expense'no later than fifteen
(~5) days prior to the hearing on the petition.
If the petition is granted by the City Council~ the contractual
parking permit~ay be issued only after the following conditions
have been met:
Regular Council Meeting
September 26, 1983
page 17
.- (v) Vndertaking Estab~ishuents: One (1) park.tug space for eaCh five (5)
Feets or thirty five (35) square feet of seating area vhere there
are no fixed seats,'pIus one (1) parking space for each two hundred
fifty (250) s.~uare feet of floor area'not ~sed for'seating.
(x) ;~u~i~re S~ore~ Appliance Store, .~olesale and Va~e~ouse: At 2ei~C
.one (~) parking space for each four h~dred (~00) square feet of
floor area (~ross) up to 6~000 square fee~, plus one (X) ~ar~S
space'for each ~000 square fee~ over.6,000 square feet.
(y) Open Sales Lo~st L~er Tards~ Au~o Sales: ~e (~) par~ space for-
each ~wo thousand (2,000) square feet of land up to the f~rst e~ght
thousand (8,000) square feet plus one (~) park~n~ space for each
four thousand (~,000) square feet of land up to a pa~ceX of 2~,000
squaT, fee~ plus one (~) par~n~ space for each s~ thousand (6,000)
square feet thereafter.
(z)
Auto Repair, Boat and Harina Sales, Carden Store~ Trade Service Shops:
Four (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, Hiniat~re Coif, Private Clubs., I~e 'Arenas and
Other Recreation Centers: ~en (10) ~arking spaces plus one.(1) addi-
tional space for each two hundred (200) square feet of floor area
(net).
(bO Hanufacturin~, Yabricatin~ or Processins of a ~roduct or fi ut,rial:
Four (1) off-street parking spaces plus one (1) /or each fourhun-
dred (&O0) square feet of floor area (~ross).
shall hereafter read as follows, to-wit:
9.116(4) Required Off-Street Parking
(a)
(c)
(d)
(e)
(f)
Calculating Spaces: When determining the number of off-street
par~ing spaces required results In a fraction, each fraction of
one-half (½) or more shall constitute another space.
Garage or Carport: A garage or carport shall be considered ~
parking space. Hc~vever, 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·
Sin~Je Family Dwellln~: At least two (2) parking spaces, one of
which shall be a garage.
Two Family Dwelling: At least two (2) parking spaces per.
dwelling unit, one of ~hich shall be a garage.
Rooming House: At least two (2) parking spaces for each three
(3] persons for which accommodations are provided for sleeping.
Multiple Dwellln~: 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.
Regular Council Meeting
September 26, 1983
page 18
(g) Hotel: At least I parking sp~ce for each rental court provided
in the design of the building.
(h) Motel: At least one (I) space for each dwelling unit or lodging
room, plus one ~1) additional space for each eight units.
(i) School, Elementary and Junior Hi,h: At least one (1) parking
space for each class room plus one (I) additional space for each
300 student capacity.
(j)
[i] 'High Schools: At least one (!) parking space for each seven (7)
students based upon design capacity, plus one (1) additional
space for every two classrooms.
[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 section 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 de-
termining 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.
(k)
(1)
Church~ Clubs: At least one (!) parking space for each three
and one-half (3½) seats based on the design capaclty of the main
assembly hall.
Theatre, Ballfieid, Stadium: At least one (1) parking space for
each eight'"(8) seats of design capacity.
(m) Nospita~: At least one and one-half (l-l/2) parking spaces for
each patient bed.
(n) Sanitarium, Convalescent Rome~ Rest Rome, Nursin~ Rome or Insti-
tution: At leastone (2) parking space for each six (6) beds for
.~hlch accommodations are offered, plus one (1) additions! space
for each fifteen (15).,beds.- ", -' '"
(o) M~dieal or Dental Clinic or V~te~inary'Office: At' least three
' parking ,spaces for each staff doctor or dentist accordin~ to de-
sign capacity.
(p) prepared rood Estabii;hment~: At lea;t °;e (1) pa~ki~g ;pace ~or
each fifteen (15) square feet of gross floor area tn bu/lding ex-
cept an area equal to four (4) square feet for each seat provided.
(q)' Prepared 'Food Delivery'Establishment: At least one (l) parking
space for each 180 square feet of gross floor aru in building
of the Prepared Food Deliver7 Establishment as such establish-
'meat is defined in Section 9.103(63)..
Regular Council Meeting
September 26, 1983
page 19
~) ~owlin~' Alley: At least fi~e (5) parking spaces for each alley,
.plus additional spaces as ~ay he required herein for ~elated uses
such as a restaurant.
(s) Hoto~Fuei Stations: At'least six (6) pa~king spaces plus Cwo (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~ Night Club: At least one (1) space
for each three (3) seats based on capacity design or v here there is
no design layout, one (1) space for each thirty-five (35) square
feet of gross floor area. ~rovided, however, the City Councils ay
by affirmative vote grant · contractual parking permit reducing the
off-street parking requirement for a structure existing on luiust g,
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 ·t'~ hear-
ing on such petition ~hat:
'The proposed use d~signed at maximum capacity does not varzant
the strict parking requirements of this sect_ion; end
ii)
The reduction in required off-street parking ~paces viii not
cost an additional burden on other lots or on on-street park-
ing spaces; and
iii)
The lot size is not large enough to allow the highest and best
use of the property without such contractual perkins permit;
vii)
iv)
v)
The use of the property does ~ot include the sale of intoxi-
catinE liquors; and
Pet~tioner has filed an application ~ot less than thirty (30)
days before said hearing and has paid a permit fee set ~y
Resolution of'the Councill in the absence of · Resolution set-
ting such fee, the application fee shall be $300.0D~ and
The ~etitioner'is the o~ner of'~ood and narketabie title to'
all of the property to'which the contractual parking'permit
would apply. O~nership of the property shall be deternined ~y .
the City A~torney based upon an sbstrack of title or registered
property abstract certified to the current date and supplied to
the City Attorney at ~etitioner~s expense.no later than fifteen
(15) days prior to the hearing on the petition,
If the petition is granted By the City Council; the contractual
parking p~r~itnmy be issued only after the following conditions
have been net:
Regular Council Meeting
September 26, 1983
page 20
1) The o~ner-or o~ners and all lienho~d~rs of record ~h=ll
~oin in executing the contractual parking permit vhichdocU-'
meat shall be in a form recordable in the office of the Auoka -
County Recorder. The document shgll provide that the rights
therein grahted to the petitioner by the City Council ara mot
transferable or assignable to the petitioner's heirs, successors
or assigns, to any other person, persons, businesses, corpora-
tions or to any other entity or entities. The document shall
specify that the contractual parking permit shall be wa/id only
for the exact use of the property specified in the permit and
that the permit shall be void in the event the use of the pro-
perty is changed or intensified regardless of the amount ~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 .a contractual parking permit shs11 not con-
stitute non-conforming uses within the ~eaning of the Col,--bis
Heights Zoning Code.
3) A contractua/ parking permit may be discharged by the ,vnet
of the property by ~ritten notice which shall be ina form re-
cordable in the office of the Anoka County Recorder and which
form shall be properly executed by the o~er or o~ers and &ll
lienholders of record and delivered to the City Clerk.
4) The contractual parking pet-mit shall lapse upon the use of
the property affected for purposes of serving alcoholic beverages.
5) Upon the contractual parking permit becoming invalids dis-
charged~ 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-
lcr~ng zhe Cit~ to enter upon the property /n case of violations
.lot the purpose of enforcing the strict pr,vlsi,tis of the City
Code and to alloy the City to obttin'such legal ~nd equitabla
lief as a Court of co~?etent ~urisdictionmay provide. The cove-
nant shall further provide that the said o~ner or o~ners execut-
ing the contract shall pay ~11 atto~eys* lease court costs,
etainistretive fees incurred by the City in the ~forc~ent
of the ~ovenant.
7) Any covenant entered into hereunder and ady contractual
parking permit issued.hereunder shall automatically expire
t~enty five (25) years after the date of fi/lng of the said
covenant in the office of the County Recorder.
Banks~ Offices and/or Public Office ~uildinls: At least one (1)
'parking space for each t~o hundred (200) square feet up to 6,000
square feet of floor area (net) plus one (1) parking =pace for each
t~o hundred fifty (~0) square feet ove~ 6~000 square feet (net).
Regular Council Meeting
'September 26, 1983
page 21
(w) Undertakin9 Establishments: One (1) parking space for each five (5) seats or
thirty five (35) square feet of seating area where there are no fixed seats,
plus one (1) parking s~ce for each two hundred fifty (250) square feet of floQr
area not,used for seating.
(x) Furniture Store, Appliance Store, ~lholesale and Warehouses: 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) parking space for each 1,OOO square
feet over 6,000 square feet.
(Y)
(z)
Open Sales Lots, Lumber Yards, Auto Sales: One (1) parking space for each two
thousand (2,000) square feet of land up to the first eight thousand (5,000) sq-
uare feet plus one (1) parking space for each four thousand (4,000) square feet
of land up to a parcel of 24,000 square feet plus one (1) parking space for each
six thousand (6,000) square feet thereafter.
Auto Repair, Boat and Marina Sales, Garden Store, Trade Service Shops: Four (4)
parking spaces plus one (1) for each eight hundred (800) square feet of floor
area over the first I,OO0 square feet.
(aa) Skate, Dance Halls, Miniature Golf, Private Clubs, Ice Arenas and Other Recreation
Centers: Ten (IO) parking spaces plus one (1') additional space for each two
hundred (200) square feet of floor area (net).
(bb) Manufacturing, Fabricating or Processing of a Product or Material: Four (4) off-
street parking spaces plus one (1) for each four hundred (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.
First Reading: September 26, 1983
The second reading of this ordinance is scheduled for the regular Council meeting October
llth.
g. First Reading of Ordinance No. 1059 Updating Fire, Housing and Building Codes
Motion by Hovland, second by Petkoff to waive the reading of the ordinance there being ample
copies available to the public. Roll call: All ayes
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 1.1OlO1 through 1.18901,
together with 2MCAR 1.10111 Appendix D (Building Security), and 1979 UBC Append-
ices 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.
Regular Council Meeting
September 26, 1983
page 22
shall hereafter read as follows, to-wit:
"The 1982 State Building Code of the State of Minnesota, 2MCAR 1.10101
through 1.18901, ~ogether with 2MCAR 1.10111 Appendix D.(Bullding
Security), and 1982 UBC Appendices Chapters 38 and 70, Minnesota
Pl~mb~ ing Code Appendices B, C, and D, and Flood Proofing Regula-
tions, as currently amended and to the extent that such Flood Proofing
Regulations do not conflict with Chapter 9, Article III of this Code,
is hereby adopted by reference to regulate building and construction
standards for work performed and materials used within the City.
Every provision 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 Building 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:
"The Uniform Housing Code, 1979 Edition, as amended, 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 and made a
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 available
for inspection at the office of the City Building Official."
shall hereafter read as follows, to-wit:
Section 3:
"The Uniform Housing Code, 1982 Edition, as amended, 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 and made a
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 available
for inspection at the office of the City Building Official.
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 401 of said Housing Code, the definition of Building Code
is amended to pro,ride that the Building Code is the Minnesota State
Building Code."
Section 4: 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 Mechanical Code
is amended to provide that the Mechanical Code is the Minnesota Heat-
ing, Ventilating, Air Conditioning, and Refrigeration Code." . -
Section 5: Section 8.401(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"The Uniform Fire Code, 1973 Edition, is hereby adopted by reference
and made a part of this Code as if fully set forth herein."
Regular Council Meeting
September 26, 1983
page 23
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$~ding Official~ and Western Fire Chiefs Association, and the Minne-
sot~Amendments thereto as adopted by 11 MCAR Sections 1.5101-1.5156,
inclusive, except 11 MCAR Section 1.5108 and except 11 MCAR Section
1.5109, are hereby adopted by reference and made a part of this Code
as if fully set forth herein."
Section 6: Section 8.401(2) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which read as follows, to-wit:
"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 Three hundred dollars ($300.00)
or to imprisonment not to exceed ninety (90) days, or both, for each
offense."
is herewith amended to read as follows, rd-wit:
"11 MCAR Section 1.5113 of the Minnesota Amendments is also hereby ex-
cepted from the provision adopted by reference herein. The Planning
and ZoninE Commission shall serve as and 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:
Section 8.401(3) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which is currently reserved, shall herewith read as follows:
"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 ($500.00)
or to imprisonment not to exceed ninety (90) days, or both, for each
offense." ~
This o~dinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading:
September 26, 1983
6. Communications
a. Planning and Zoning Commission
I. Davanni's Restaurant Appeal of Site Plan Denial/Request for Conditional Use Permit
legal counsel for Davanni's Restaurant gave the detail of the proposal. The Planning and
Zoning Commission had denied approval of the site plan and recommended to the City Council
that the Conditional Use Permit be denied because of the traffic hazards that could be
created. Mayor Nawrocki expressed concern with the traffic that would be generated by this
restaurant and felt a traffic expert should be hired to review the proposed development and
ecord the impact this development would have on the area.
~tion by Nawrocki that staff be directed to seek proposals from traffic consultants to study
~e impact the construction of the proposed restaurant would have on the surrounding area
'and on the traffic. Motion dies for lack of a second.
Regular Council Meeting
September 26, 1983
page 24
Discussion continued regarding the possible uses of this site as well as the traffic counts
already taken by staff in the area.
Motion by Hentges, second by Per,off to grant the Conditional Use Permit.on the conditions
that Davanni's complies with the ~emo from the City Engineer, dated August 30, 1983 and ~ith
the recommendations~of the Traffic Commission as reflected in its minutes dated September~6,
1983. Roll call: Hovland, Petkoff, Hentges--aye Nawrocki--nay
Motion by Hentges, second by Petkoff to grant the appeal of Davanni's Restaurant of the
site plan denial by the Planning and Zoning Commission. Roll call: Hovland, Petkoff, Hentges--
aye Nawrocki--nay
b. Petition to Close Alley Running East and West, South of 40th Avenue, Between Quincy Street
and Jackson Street
A petition was received from three residents in the area of the above alley requesting vaca-
tion of the alley. It was established that there are no utilities on the side of the alley
where one of the petitioning residents proposed to build his garage.
Motion by Hentges, second by Hovland to refer this matter to the Traffic Commission and to
request that the City Attorney prepare an ordinance for vacation of the alley. Roll call:
All ayes
Councilman Norberg arrived at the Council meeting at 9:40 pm.
c. Letter from Spring Lake Park Regarding Water Management Organization
This was an informational item.
d. Anoka County Community Action Program, Inc.--Clerical Assistance for SACA
This was an informational item.
7. Old and New Business
a. Old Business
1. Refuse Hauler Contract
Councilman Hentges requested that the City Manager review the contract with MCS to deter-
mine whether residents who are gone from their homes for an extended period of time could
not have to pay for refuse removal.
2. Outstanding Water Bill
Mayor Nawrocki reported on the status of the outstanding water bill owed by School District
#13. He had met with the Chairman of the School Board and they had reached a figure for
a cash settlm~nt.
Motion by Norberg, second by Hentges that the City enter into an agreement with the School
District to settle the disputed water bill in the amount of a cash settlment of $55,000.
Roll call: All ayes
3. Handicapped Sign
The installation of an handicapped sign at 4216 7th Street had been previously authorized
by the Council and Mayor Nawrocki inquired why it had not as yet been put in. He was ad-
vised by the City Engineer it would be in the following day.
4. Water Service to Hilltop
Columbia Heights had been requested by the City of Minneapolis to serve Hilltop's water needs
until Minneapolis could complete some work on a water line on 44th Avenue. Considerable neg-
otiations had taken place between Columbia Heights and Minneapolis regarding the costs.
Motion by Petkoff, second by ~lorberg to authorize the cost of 77¢ per I00 cubic feet for
water to be supplied through the City of Columbia Heights' system to Minneapolis for the
City of Hilltop until the work on the water line on 44th is completed. Roll call: All ayes
.Regular Council Heeting
'September 26, 1983
page 25
New Business
Boiler Maintenance
Motion by Norberg,~second by Henries to authorize the expenditure of $988 to Burner ServTce
Combustion Controls;Company for the purpose of cleaning the fireside, waterside, and inst~l-
iation of control as per specifications, based upon low, informal quotation. Roll call:
All ayes
2. Purchase of 4" Fire Hose
Motion by Petkoff, second by Norberg to authorize the purchase of 900 feet of 4" Angus fire
hose from Minnesota Fire, Inc. in the amount of $3,681 based upon low, formal quotation.
Roll call: All ayes
3. Authorization to Seek Bids
Motion by Hentges, second by Norberg that the City Manager be authorized to seek bids for
the Shared Ride Program for calendar year 1984; with the awarding of such bids to be pre-
sented to the Council on October 24, 1983. Roll call: All ayes
4. Designation of Election Judges
Motion by Petkoff, second by Hentges that the City Council of the City of Columbia Heights
approve the list of judges, dated September 23, 1983, by precinct, for the Primary Election
of October 18, 1983; and the General Election of November 8, 1983. Roll call: All ayes
5. Establish Salary for Switchboard Operator/Receptionist
Motion by Norberg, second by Petkoff that $4.96 be established as the hourly rate for Pat-
ricia Elmberg, Switchboard Operator/Receptionist effective September 27, 1983. Roll call:
1 ayes
6. Establish Salary for Firefighter
Motion by Norberg, second by Hentges that $1,542 per month be established for Matthew Field,
Firefighter Recruit I, to be effective Wednesday, September 28, 1983. Roll call: All ayes
7. Agreement with Don's Car Washes for Washing of Police Vehicles
Motion by Hentges, second by Hovland that the City Manager be authorized to expend $500
to Don's Car Washes of 4423 Central Avenue for the purpose of washing of police vehicles for
a one-year period and that the Mayor and City Manager be authorized to enter into an agre-
ement for same. Roll call: All ayes
8. Recognition of Police and Fire Civil Defense Reserve Units
Motion by Norberg, second by Petkoff to authorize the Mayor to proceed with making arrange-
ments for the Police and Civil Defense Reserve Units Annual Dinner with Chanhassen Dinner
Theatre; and furthermore, that up to $2,500 be authorized to be expended for this purpose.
Roll call: All ayes
9. Establish Special Meeting for October 3, 1983
It was noted by Mayor Nawrocki that a budget hearing had already been established on the
3rd of October and that items could be added to the agenda.
lO. Final Payment on Seal Coat Contract
Motion by Norberg, second by Hovland to authorize the final payment of $106,712.57 to
Allied Blacktop Company for the 1983 Seal Coat Project. #8211. Roll call: All ayes
SePtember 26, 1983
page 26
ll. Rental of City Hall Space by Anoka County
Motion by Petkoff, second by Hentges that the Mayor and City Manager be authorized to ente
into a three-year lease agreement with the County of Anoka for court ~pace located in the
Columbia Heights City Hall. RoY1 call: All ayes
12. Driveway AcceSs Request
Motion by Norberg to deny access for the driveway requested on the west side of Madison
Place at 37th Avenue. Motion dies for lack of a second. Mayor Nawrocki requested that
the City Attorney, City Manager and the City Engineer make up a sketch of the property
in question. Councilman Norberg expressed a concern that this property not be attained
by a resident through adverse possession. The City Attorney advised him that was not pos-
sible when the property is owned by a municipality.
8. Reports
a. Report of the City Manager
The City Manager's report was submitted in written form and all of the items in it were
discussed. The City Manager advised the Council that a total of $74.95 was spent for the
£mp)oyees picnic.
b. Report of the City Attorney
The City Attorney advised the Council that the Doschadis case is being resolved.
c. Miscellaneous Reports
1. Propane Conversion of City Vehicles Memo
A memo was received from the Foreman in the Public Works Department regarding the conversion
of city vehicles to propane fuel. Councilman Norberg stated that he felt the report was i
accurate and non-specific. He requested that the City staff cooperate in setting up an ex-
periment as suggested in the report from the Science, Technology and Energy Commission.
Motion by Norberg to direct the staff to cooperate in the framing of an experiment to test
the roadability factors of propane fuel for city vehicles. Motion dies for lack of a sec-
ond.
Motion by Hentges to direct the Science, Technology and Energy Commission to get information
from other communities regarding experiences with propane fuel. Motion dies for lack of
a second.
Motion by Norberg to adjourn. Motion dies for lack of a second.
2. Accessory Apartments
The City Manager reported on the Housing and Redevelopment Authority memo regarding ac-
cessory apartments financing.
3. Meeting of "Metro Losers"
Mayor Nawrocki and the City Manager reported on the details they got while attending the
meeting of the Municipal Caucus, otherwise known as the "Metro Losers" which dealt with
the allocations of the Local Government Aids.
9. Licenses
Motion by Norberg, second by Hovland to grant the licenses as listed upon payment of proper
fees. Roll call: All ayes
Regular Council Meeting
September 26, 1983
page 27
Payment of Bills
Motion by Petkoff,.second by Hovl~nd to pay the bills out of proper funds. Roll call: Ali
ayes ' ;
Adjournment
Motion by Norberg, second by Petkoff to adjourn the meeting at ll:20 p~. Roll~all: All
ayes ~~
~G. Nawrocki, Mayor