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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