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HomeMy WebLinkAboutSept 12, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 12, 1983 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Kenneth Rice of the Community United Methodist Church. 3. Minutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the Regular Council Meeting of August 22nd as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions A resident inquired why minutes of Council meetings and special meetings were not published verbatim. He was advised by the Mayor that the City policy is that the minutes of meetings were not required to be verbatim to meet the publishing requirements but that they merely record the general order of business that transpired at a given meeting. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1050 Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes representative of the firm proposing to develop the "Zayre" property on 44th and Central reviewed details of their proposal. Many items of concern regarding the impact that this development will have on traffic patterns and the surrounding residential area were dis- cussed by the Council. Councilman Norberg felt this proposal was a good application of industrial development revenue bonds. ORDINANCE NO. I050 BEING AN ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The City of Columbia Heights does ordain: 1. It is hereby found, determined and declared as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, en- couragement and development of economically sound industry and commerce through govern- mental acts to prevent, so far as possible, emergencies of blighted lands and areas of chronic unemployment, and it is the policy of the State of Minnesota to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant nec- essity of relocating displaced persons and of duplicating public services in other areas. Regular Council Meeting September 12, 1983 page 2 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of tl~ City of Columbia Heights (the "City"), a large part of the existing investment of the community and of the state as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facil- ities for the remaining population. · 1.3. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. A representative of Kraus-Anderson, Inc. (hereinafter the "Applicant"), has' advised this City Council (the "Council") that it desires to acquire lanit and remodel an existing building for use as a shopping center' facility (hereinafter referred to as the "Project"). 1.5. The existence of the Project tn the City will contribute to more intensive development and use of land to increase the tax base of the City- and overlapping taxing authorities and maintatn and provide for an increase in opportunities for employment for residents of the City, including economically disadvantaged or unemployed individuals. 1.6. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and tts resulting low borrowing cost, the Project is econo, mically more feasible. 1.?. This Council has been advised by a representative of the Applicant, that on the basis of information submitted to them and their discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of cap- ital projects consisting of properties used and useful tn connection with a revenue producing enterprise, such as that of the Applicant, and the issuance of such bonds by the City would be a substantial inducement to the Applicant to construct its facility in the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474 to finance the Project of the Applicant at a cost presently estimated not to exceed $3,900,000. Regular Council Meeting September 12, 1983 page 3 3. The Project above referred to is hereby given preliminary approval by the City and the tssuanee of bonds for such purpose and in such amount approved, subject to approval of the Project by the Minnesota Energy and Economic Development Authority and to the mutual agreement of this body, the Applicant and the initial purchasers of the bonds as to the details of the bond issue and o. rovisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision ?a, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Minnesota Energy and Economic Development Authority for approval of the Project. The Mayor, Clerk, Treasurer and other officers, employees and agents of the City are hereby authorized to provide the Minnesota Energy and Economic Development Authority with any prelimin..ar_y information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, ff it is approved by the Minnesota Energy and Economic Development Authority. 5. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents- relating to the Project and bonds issued in connection therewith. The Mayor, Clerk-Treasurer, City Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 6. In-accordance with Minnesota Statutes, Section 474.01, .Subdivision 11, the City Manager and other officers, employees and agents of the City are hereby authorized and directed to encourage the Applicant to provide employment opportunities to economically disadvantaged or unemployed individuals. Such individuals may be identified by such mechanisms as are available to the City, including a first source agreement in which the Applicant agrees to use a designated State of Minnesota employment office as a first source for employment recruitment, referral, and placement. 7. The City shall have the right, in its sole discretion, to withdraw from participation, and accordingly, not issue its revenue bonds for the Project, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue its revenue bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. The decision of the City Council with respect to any of the aforementioned matters shall be incontestable. 8. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting September 12, 1983 page 4 iFirst reading: Second reading: Offered by: Seconded by: Roll call: Date of passage: August 8, 1983 September 14, 1983 Norberg Hentges All ayes September 12, 1983 Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1052 Pertaining to Planned Unit Development Motion by Hentges, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: all ayes This planned unit development is regarding the conversion of Nelson School into condominiums by Jake Cadwallader, a developer. Mayor Nawrocki stated that the original plan submitted by the developer to the School Board was for thirty units. He sees no need for the thirty four units presently in the plan. Councilman Norberg had concern with the density that this pro- ject will bring to the neighborhood as well as how the ordinance will impact on other areas in the entire City. Councilman Hentges felt it was a good use of the present building and advised that more housing could be built than is presentl~ being proposed. ORDINANCE NO. 1052 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PLANNED UNIT DEVELOPMENT City Council of the City of Columbia Heights does ordain: Section l: Section 9.116(17) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.116(17) Planned Unit Development This section establishes provisions for the granting of a Conditional Use Permit to provide for a Planned Unit Development project. The purpose of the Planned Unit Development is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate the adequate and economical provisions of streets and utilities; and to preserve the natural and scenic qualities of open areas. The owner or owners of any lA tract of land within the "R-2", "R-3", and/or "R-4" Use District or any 2A tract in the "B" District or 5A tract in the "1" District may submit an application to the Zoning Adminis- trator for Conditional Use Permit approval to construct a PUD. (a) Application Review Procedure i) Concept Plan: The applicant may request a concept review of the proposed dev- elopment by the Planning Commission to gain information and thoughts relevant to the City Plan and his development, provided the following data is made av- ailable to the City in three (3) copies. l) Base Map showing applicant's land, plus lot and use pattern for all the land within four hundred (400) feet or more if necessary to show relationship. 2) Statement as to the type of use and architecture as to heights and bulk. 3) Statement on population as to density, number, age, distribution, occupancy. 4) Physical feature map showing topography, tree location, drainage pattern and availability of utilities Regular Council Meeting September 12, 1983 page 5 5) Concept Plan in sufficient detail to understand density, use relationship, access~ park'ing, open space and building mass. iii) :tv) Preliminary Plan: The applicant shall file, with the application or within six (6) months after Concept Plan review, a preliminary plan and supporting data. Within sixty (60) days after verification by the staff that the required plan and supporting data is adequate, the Plan- ning Con;nlssion shall hold a publlc hearing. The staff report shall be made available at least ten (10) days prior to the public hearing. After the hearing, the Planning Commission shall forward to the City Council, their recommendation in writing. The City Council shall disapprove, approve or approve with modification and notify the applicant within sixty (60) days after receipt of recommendation unless the applicant agrees to a con- tinuance. Final Plan: Upon approval of the Prellminary Plan by the Council, the applicant may file a request for approval.of Final Plan for the entire PUD or for one or more of the development stages as made a part of the supporting data. The Preliml.nary Plan approval shall become void within one year unless a request is made for a Final Plan approval. The Planning Commission shall place a request for Final Plan approval on the next regular Planning Commission agenda after ten (10) days from date of filing. The findings and recommendations of the Planning Commission shall be forwarded to the Council for consideration. Failure to Begin Planned Development: If no construction has begun or no use established in the planned development within one (1) year from the approval of the final develop- ment plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning Commission may extend for one (!) additional year the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the clerk of the council shall remove the planned development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the final development was approved shall then be re- vived and'in effect. (b) Requirements for Prelimlhary Plan The preliminary plan and supporting data shall include the following: i) The existing topographic character of the land. :t±) Map showing enough of the surrounding area t'o demonstrate the relationship of the proposed PUD. Regular Council Meeting September 12, 1983 page 6 iii) A statement on population, as to density, numbers and age distribution. v) A statement on the existing public services, such as schools, parks, fire protection, playgrounds, bus, etc. A map showing street systems, plot lines and plot designs. vi) viii) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar publlc and semi-public uses. A plot plan for each building site and common open area, showing the approximate location of all buildings, structures, and improvements and indicating the open spaces around buildings and structures. Elevation and perspective drawings of all proposed structures and improvements except single-family resi- dences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail. -ix) A development schedule indicating (l) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin (3) the anticipated. rate of development; (4) the approximate dates when the development of each of the stages in the development will be completed; and (5) the area and location of common open space that will be provided at each stage. x) Agreements, provisions, or covenants which govern the use, maintenance, and cont{nued protection of the planned deve]opment and any of {ts common open areas. xi) The-following plans and diagrams, insofar as the Planning Commission finds that the planned develop- ment creates special problems of traffic, parking, landscaping or economic feasibility: 1) An off-street parking and loading plan. 2) A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this cir- culation pattern must be shown. Regular Council Meeting September 12, 1983 page 7 (c) 3) A landscaping and tree planting plan. An economic feasibility report or market analysis. 5) Preliminary Utility Plan Preliminary Plan Standards All of the requirements of the Use District within which the plan is located shall apply except as herein amended. i) The tract of land shall be served with city sewer and water and have not less than seventy-five (75) feet of public right-of-way frontage. No principal building shall be nearer than its height to the rear or side lot line when such llne abuts an "E-I" or "R-2" Use District. iii) No buildlng within the development shall be nearer to another buildlng than one-half (1/2) the sum of the height of the two buildings. iv) Private roadways within the project designed as collector streets (no driveways) shall be twenty- eight (28) feet or more in width, face to face of curb, private accessways shall be twenty-four (24) feet or more in width, face to face of curb and service roads shall be twenty- two (22) feet or more in width, face to face of curb. Service roads shall not serve more than twenty (20) dwelling units or a use equivalent in traffic generation. Should guest parking require- ments be proposed as on street spaces, the street widths as herein stated shall be widened 8 x 22 feet for each space. v) No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet on service roads. Guest parking ratio shall be one (I) space for each four (4) units with no unit having a distance 9reater than two hundred (200) feet to such space. v~) An open space system shall be designed showing recreational areas equal to at least ten (10~) percent of the site area and served by pedestrian' oriented path system. Those natural areas, i.e., woods, hills, valleys, wet areas, rock outcrops are to be favored as part of the open space system. Regular Council Meeting September 12, 1983 page 8 (4) (el viii) ix) A sewer-water public utility system to serve the project shall be submitted, said system shall in- dicate a fire hydrant distribution to the approval of the Fire Chief and in total to the City Council. A street light system shall be submitted for approval and all wires shall be below ground. ~eguirement for Final Plan i) Within six (6) months following the approval of the preliminary development plan, the applicant shall file with the Planning Con~nission a final development plan containing in final form the information required in the preliminary plan. In its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing of the final deve]opment p]an. ii) The Planning Conmission shall give notice and provide an opportun!ty to be heard on the final development plan to: i) Any person who appeared of record at the hearing on the prellminary development plan or at the hearing on the outline development plan, if any. 2) Any other person who has indicated to the Planning Commission in writing that he wishes to be notified. iii) The Planning Commission shall review the final development plan, and shall recommend approval of the flnal development plan if it is in substantial compliance with the preliminary development plan. The clerk of the council shall record the final development plan in the manner provided for recording plats of subdivisions. Enforcing Development Schedule The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six (6) months following the approval of the final development plan~ the Zoning Administrator shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and recreational facilities have been constructed and provided,, he shall forward this information to the council, which may revoke the planned development permit. Regular Council Meeting September 12, 1983 page 9 (f) Conveyance and Maintenance of Common Open Space i) All land shown on the final development plan as common open space must be conveyed under one of the following options: 1) It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it. 2) It may be conveyed to trustees provided in an identure establishing an association or similar organization for the maintenance of the planned development. The com~m3n open space must be con- veyed to the trustees subject to covenants to be approved by the Planning Commission which re- strict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner Which assures its continuing use for its intended purpose. No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use under Section 9.116(17)(d) of this Ordinance. However, no change of use authorized under Section 9.116(17)(8) may be considered as a waiver of aay of the covenants llmltlng the use of cor~non open space areas, and all rights to enforce these covenants against any use permitted under Section 9.116(17)(f) are expressly reserved. iii) If the common open space is not conveyed to a publlc agency, either one of the followin9 methods of enforcement must be provided: 1) The legal right to develop the con,non open space for the uses not specified in the fina! development plan must be conveyed to a public agency. 2) The restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions. iv) If the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space may authorize a public agency to enforce their provisions. 9.116(17) (s) Standards for Common or Public Open Space No open area may be accepted as common open space under the provisions of this Ordinance unless it meets the following standards: Regular Council Meeting September 12, 1983 page l0 The location, shape, size, and character of the common open space must be suitable for the planned development. i~) Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The bulldings, structure~, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construc- tion of residential dwellings in the planned development. If the final development plan provides for buildings, structures, and improvements in the common open space of a value in excess of Five Thousand ($5,000) Dollars, the developer must provide a bond or other adequate assurance that the buildings, structures, and improve7 ments have been completed according to the development plan. (h) Control of Planned Unit Development Followin~ Completion The Planning Commission shall issue a certificate certifying the completion of the planned development, and the clerk of the Planning Commission shall note the issuance of the certificate on the recorded final development plan. ~) After the certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provi- sions of this Zoning Ordinance. iii) After the certificate of completion has been issued, no changes may be made in the approved final development plan except 6pon application to the appropriate agency under the procedures provided below: Regular Council Meeting September 12, 1983 page li 1) Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final plan. No. change authorized by this section may increase the cube of any building or structure by more than ten percent. 2) Any uses not authorized by the approved final plan, but allowable in the planned development as a permitted use under the provisions of the zoning ordinance, or permitted as a conditional use in the zone in which the planned development is located, may be added to the final development plan under the procedures provided by the Zoning Ordinance for the approval of conditional uses. 3) A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under subsection 5. 4) Changes in the use of common open space may be authorized by an amendment to the final development plan under subsection 5. 5) All other changes in the final development plan must be made by the council, under the procedures authorized by this ordinance for the amendment of the zoning map. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenents limiting the use of land, buildings, structures, and improvements within the area of the planned development, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved. is hereafter amended to read as follows, to-wit: 9.116(17) · Planned Unit Development This Section estabdlshes provisions'for the granting of a Conditlonal Use Permit to provide for a Planned Unit Development project. The purpose~f the Planned Unit Development is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate the adequate and economical provisions of streets and utilities; and to preserve the natural and scenic qualitles for open areas. Regular Council Meeting September 12, 1983 page 12 The owner or owners of any IA tract of land within the "R-2", I'R-3'I, and/or "R-4" Use District or any 2A tract in the "B" District or 5A tract in the "1" District may submit an applicatlon to the 2onlng Administrator for Conditional Use Permit approval to construct a PUD. (al Application Review Procedure Concept Plan; The applicant may request a concept review of the proposed development by the Planning Commission to gain information and thoughts relevant to the City Plan and his development, provided.the follc~ving data is made available' to the City in three (3) copies. 1) Base Map sho~ing applicant's land, plus lot and use pattern for all the land within four hundred (400) feet or more if necessary to shc~v relatlonship. 2) Statement as to the type of use and architecture as to height and bulk. 3) Statement on population as to density, number,.age, distribution, occupancy, etc. Physical feature map showing topography, tree location, drainage pattern and availability of utilities. Concept Plan in sufficient detall to understand density, use relationshlp, access~'parking, open space and building mass. iii) Preliminary Plan: The applicant shall file, with the application or within six (6) months after Concept Plan review, a preliminary plan and supporting data. Within sixty (60) days after verification by the staff that the required plan and supporting data is adequate, the Plan- ning Commission shall hold a public hearing. The staff report shall be made available at 1east ten (10) days prior to the public hearing. After the hearing, the Planning Commission shall forward to the City Council, their recommendation in writing. The City Council shall disapprove, approve or approve with modification and notify the applicant within sixty (60) days after receipt of recommendation unless the applicant agrees to a con- tinuance. Final Plan: Upon approval of the Preliminary Plan by the Council, the applicant may file a request for approval of Final Plan for the entire PUD or for one or more of th~ development stages as made a part of the supporting data. The Prelimi.nary Plan approval shall become void within one year unless a request is made for a Final Plan approval. The Planning Commission shall piace a request for Final Plan approval on the next regular Planning Commission agenda after ten (10) days from date of filing. The findings and recommendations of the Planning Commission shall be forwarded to the Council for consideration. Regular Council Meeting September 12, 1983 page 13 Failure to Begin Planned Development: If no construction has begun or no use established in the planned development within one (i) year from the approval of the final develop- ment plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning Commission may extend for one (!) additional year the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the clerk of the council shall remove the planned development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the final development was approved shall then be re- vived and in effect. (bi Requirements for Preliminary Plan The preliminary plan and supporting data' shall include the followlng: i) The existing topographic character of the land. .ii) Map showing enough of the surrounding area to demonstrate the relationship of the proposed PUD. iii) A statement on populatiOn, as to density,, numbers and age distribution. iv) A statement on the existing public services, such as schools, parks, fire protection, playgrounds, bus, etc. v) A map showing street systems, plot lines and plot designs. vi) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses. vii) viii) A plot plan for each building site and common open area, showing the approximate location of a11 buildings, structures, and improvements and indicating the open spaces around buildings and structures. Elevation and perspective drawings of ali proposed structures and improvements except single-family resi-~ dences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail. ix) A development schedule indicating (1) the approximate date when construction of the'project can be expected to begin; (2) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin (3) the anticipated rate of development; (4) the approximate dates when the development of each of the stages in the development will be completed; and (5) the area and location of common open space that will be provided at each stage. Regular Council Meeting September 12, 1983 page 14 Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open areas. The following plans and diagrams, insofar as the Planning Conrnission finds that the planned develop- ment creates special problems of traffic, parking, landscaping or economic feasibility: 1) 2) An off-street parking and loading plan. A circulation diagram indicating the propose~ movement of vehicles, goods, and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this cir- culation pattern must be shown. 3) A landscaping and tree planting plan. 4) An economic feasibility report or market analysis. 5) Preliminary Utility Plan (c) Preliminary Plan Standards All of the requirements of the Use District within which the plan is located shall apply except as herein amended. i) The tract of land shall be served with city sewer and water and have not less than seventy-five (75) feet of public right-of-way frontage. No principal building shall be nearer than its height to the rear or side lot line when such line abuts an "R-I" or "R-2" Use District. No building within the development shall be nearer to another building than one-half (1/2) the sum of the height of the t~o buildings. :tv) Private roadways within the project designed as collector streets (no driveways) shall be twenty- eight (28) feet or more in width, face to face of curb, private accessways shall be twenty-four (24) feet or more in width, face to face of curb and service roads shall be twenty- two (22) feet or more in width, face to face of curb. Service roads shall not serve more than twenty (20) dwelling units or a use equivalent in traffic generation. Should guest parking require- ments be proposed as on street spaces, the street widths as herein stated shall be widened 8 x 22 feet for each space. Regular Council Meeting September 12, 1983 page 15 vi) vii) ×) No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet on service roads. Guest parking ratio shall be one (1) space for each four (4) units with no unit having a distance greater than two hundred (200) feet to such space. An open space system shall be designed showing recreational areas equal to at least ten percent of thc sl. te area and served by pedestrian orlentcd path system. Those natural areas, i.e., woods, hills, valleys, wet areas, rock outcrops are to be favored as part of the open space system. A sewer-water public utility system to serve the project shall be submitted, said system shall cllcate a fire hydrar~t distribution to the approval of the Fire Chief and in total to the City Council. A street light system shall be submitted for aoorgval and all wires shall be below ground. Notwithstanding the provisions of Section 9.108 (5), dwelling units erected in the "R-2" District shall have a minimum floor area of 750 square feet for each unit containing one bedroom or less~ plus~120 square feet for each additional bedroom within the unit· , Requirement for Final Plan Within six (6) months followlng the approval of the pre:imlnary development plan, the applicant shall file with the P]anning Conrnisslon a final development plan containing in final form the informatlon requlr, ed the prellrninary plan. In ~ts discretion and for good cause, the Planning Commission ma)' ~xtend for six months the period for filing of the flnal development' plan. ii) The Planning Codmlsslon shall give notice and provide an opportun!ty to be heard on the final development plan to: 1) Any person who appeared of record at the hearing on the prelimlnary development plan or at .the hearing on the outllne development plan,"if.any.- 2) Any other person who has Indicated to the Plannlng Commission in writing that he wishes to be notified. Regular Council Meeting September 12, 1983 page 16 (f) iii) The Planning Commission shall review the final development plan, and shall recommend approval of the final development plan if it is in substantial compliance with the prellmlnary development plan. The clerk of the council shall record the final development plan in the manner provided for recording plats of subdivisions. Enforcing Development Schedule The construction and provision of all of the cor~non open spaces and publlc and recreational facilities which are shown on the final development plan must proceed at 'the san~ rate as the construction of dwe]llng units. At least once every slx months foilowlng the approval of the final development plan~ the Zoning Administrator shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units [s greater than the rate at which common open spaces and recreatlonal facilitles have been constructed and provided, he shall forward this information to the council, which may revoke the planned development permit. ~onveyance and Maintenance of Common Open Space i) All land shown on the final development plan as common open space must be conveyed under one of the fo]lowing options: l) It may be conveyed to a public agency which will agree to maintain the conxnon open space and any buildings, structures, or improvements which have been placed on it. 2) It may be conveyed to trustees provided in an identure establishing an association or similar organization for the maintenance of the planned development. The common open space must be con- veyed to the trustees subject to covenants to be approved by the Planning Commission which re- strict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. ii) No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use under Section g.ll6(17)(d) of this Ordinance. However, no change of use authorized under Section g.ll6(17)(d) ma7 be considered as a ~aiver o£ any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted under Section g.ll6(17)(f) ate e×ptessl7 reserved. iii) If the common open space is not conveyed to a public agency, either one of the followi, ng methods of enforcement must be provided: Regular Council Meeting September 12, 1983 page 17 1) The legal right to develop the con, on open space for the uses not specified in the final development plan must be conveyed to a public agency. 2) The restrictions governing the use, improvement, and maintenance of the con,non open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions. iv) If the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space may authorize a public agency to enforce their provisions. 9.116(17) (si Standards for Common or Public Open Space 'No open area may be accepted as common open space under the provisions of this Ordinance unless it meets the following standards: i) The location, shape, size, and character of the common open space must be suitable for the planned development. ii) Common open space must be used for amenity or recreational purposes. The uses authorized for the con,non open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. iii) Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structure~, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construc- tion of residential dwellings in the planned development. If the final development plan provides for buildings, structures, and improvements in the common open space of a value in excess of Five Thousand ($5,000) Oollars, the developer must provide a bond or other adequate assurance that the buildings, structures, and improvey ments have been completed according to the development plan. Regular Council Meeting September 12, 1983 page 18 (h) Control of Planned Unit Development Followln~ Completion i) The Planning Commission shall issue a certificate certifying the completion of the planned development, and the clerk of the Planning Commission shall note the issuance of the certificate on the recorded final development plan. ii) After the certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provi- sions of this Zoning Ordinance. iii) After the certificate of completion has been issued, no changes may be made in the approved final development plan except 6pon application to the appropriate agency under the procedures provided below: 1) Any minor extensions, alterations, or modifications of existing buildlngs or structures may be authorized ~by the Planning Commission if they are consistent with the purposes and intent of the flnal plan. No. change authorized by this section may increase the cube of any building or structure by more than ten percent. 2) Any uses not authorized by the approved final plan, but allowable in the planned development as a permitted use under the provisions of the zoning ordinance, or permitted as a conditional use in the zone in which the planned development is located, may be added to the final development plan under the procedures provided by the Zoning Ordinance for the approval of conditional uSeS. 3) A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under subsection 5. 4) Changes in the use of common open space may be authorized by an amendment to the final development plan under subsection 5, 5) All other changes in the final development plan must be made by the council, under the procedures authorized by this ordinance for the amendment of the zoning map. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. Regular Council Meeting September 12, 1983 page 19 iv) No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenants limiting the use of the land, buildings, structures, and improvements within the area of the planned development, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: August 22, 1983 September 12, 1983 September 12, 1983 Offered by: Seconded by: Roll call: Hentges Petkoff Hovland, Petkoff, Hentges--aye Norberg, Nawrocki-- nay Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor c. First Reading of Ordinance No. 1053 Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1053 BEING AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AiID ~tAlilTAIN FAC- ILITIES 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 l: Chapter 12 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: CHAPTER 12 ARTICLE I SECTION l: 12.101 lZ.lO1 (1) 12. lO1 (2_.) 12.101 (3) 12.1 O1 (4) UTILITY FRANCHISES SRA UNIFORM GAS FRANCHISE (MIHNEGASCO) DEFINITIONS The following terms shall mean: Comp.any. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. Gas. Natural gas, manufactured gas, mixture of natural gas and manu- factured gas or other forms of gas energy. Municipality, Municipal Council, Municipal 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. Public Ground. All streets, alleys, public ways, utility easements 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. Regular Council Meeting September 12, 1983 page 20 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 and 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 ordinances, permit procedures, customary practices, and the provisions of this franchise. 12.102(2) 12.102(3) Effective Date; Written .Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law, and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. Nonexclusive Franchise. This is not an exclusive franchise. 12.4o2(4) 12.102(5) 12.102(6 ) 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 5% 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. Publica~ioB Expels~. The expense of publication of this ordinance shall be paid by the Company. Default. If the Company is in default in the performance of any material part of this franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the basis therefor. Such notice shall be served on the Company by personally deli- vering it to an officer thereof at its principal place of business in Minnesota. If the Company is in default as to any part of this franchise, the Municipality may, after reasonable notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reim- burse the Municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from challenging the Municipality's claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the Municipality. SECTION 3 CONDITIONS OF USE. Regular Council Meeting September 12, 1983 page 21 12.103(1) 12.103(2) 12.103(3) 12.103(4) Use of Public Ground. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground, and shall be subject to permit conditions of the Municipality. The permit com- ditions may provide for the right of inspection by the Municipality, and the Company agrees to make its facilities and equipment available for inspection at all reasonable times and places. Permit Required. The Company shall not open or disturb the sur- face of any public ground for any purpose without first having obtained a permit from the Municipality, for which the Municipality may impose a reasonable fee to be paid by the Company. The mains, services and other property placed pursuant to such permit shall be located as shall be designated by the Municipality. The Company may, however, open and disturb the surface of any public ground without a permit where an emergency exists requiring the immediate repair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall 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 at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, including its administrative expense and overhead, together with 10% additional as liquidated damages. This remedy shall be in addition to any other remedy available to the Municipality. Relocation of Utility Facilities. The Company shall promptly, with due regard for seasonal working conditions, permanently relo- cate its facilities or equipment whenever the Municipality orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regrading, changing the location or shape of or otherwise improving any Public Ground or constructing or reconstructing any sewer or water 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 power, the relocation shall be at the expense of the Municipality. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the Regular Council Meeting September 12, 1983 page 22 12.103(5) 12.103(6) 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. 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. Street Improvements, Paving or Resurfaci.ng. The Municipality shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. 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 ~egular Council Meeting S~ptember 12, 1983 page 23 12.104(1) 12.104(2) 12.104(3) 12.104(4) 12.104(5) 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 ~micipality under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the M~nicipality 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 Municipality, and the Company in defending any action on behalf of the Municipality shall be entitled to assert every defense or ~mmunity that the Mmnicipality could assert in its own behalf. Assignment. The Company, upon notice to the Municipality, 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. Change in Form of Government. Any change in the form of govern- ment of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Municipality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in this franchise. 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. 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 Municipality, it is delivered to City of Columbia Heights, Attention: City Manager, 590 - 4Oth Avenue Northeast, Columbia Heights, Minnesota 55421. Re§ular Council Meeting September 12, 1983 page 23 ~!.) Section 2: SECTION 5 CHARTER REQUIR~ENTS 12.105(1) That the Company shall be subject to and will perform on its part all the terms of Sections 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 leases 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 · 1 2. 105 (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. Such 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. 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 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 oublished once Der week for four con~e~utlve weeks in the official newspaper of the City. First Reading: September 12, 1953 Regular Council Meeting September 12, 1983 page 24 First Reading of Ordinance No. 1054 Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The City Attorney stated that the presently there is no requirement for insurance for the sale of beer in off-sale establishments ORDINANCE NO. IO54 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO DRAM SHOP INSURANCE FOR BEER LICENSES The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.501(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved shall herewith read as follows: "No person may be licensed hereunder unless the licensee is insured for the coverages and in at least the amounts required by Minnesota Statute ~ 340.11, Subd. 21. All licensees must file proof of insurance, or proof of such other financial responsibility as is provided by Minnesota Statute ~ 340.11, Subd. 21. Any insurance certificates or policies filed with the City shall provide that the insurer may not cancel coverage without 30 days' written notice to the City. The certificate or policy must further show the names of the in- surance company and agency, policy number, and policy expiration date." ion 2: Section 5.501(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which is currently reserved shall herewith read as follows: "Off-sale beer licenses with annual beer sales of less than $9,000.00 are exempt from the insurance provisions of Section 5.5Oi(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 applicant has annual sales of less than $9,000.00" Section 3: Section 5.501(12) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which is currently reserved shall herewith read as follows: "Receipt by the City of a notice of expiration of required insurance or entering into the final 30 days of any required policy without a renewal or other comply- ing policy being filed with the Clerk shall result in the immediate revocation or suspension of the licensee." Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: September 12, 1983 Regular Council Meeting September 12, 1983 page 25 First Reading of Ordinance No. 1055 Pertaining to Dram Shop Insurance for Club nd Wine Licenses Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Motion by Hentges to amend the reading and require that the holder of a 3.2 license to carry the same amount of insurance as a holder of a club and wine license. Motion to amend withdrawn. Discussion was held regarding the amounts of insurance being required by holders of licenses. Motion to waive the reading of Ordinance No. 1055 was withdrawn. Motion by Norberg, second by Hentges to reconsider the reading of Ordinance No. 1054. Roll call on reconsideration: Norberg, Hentges--aye Hovland, Petkoff, Nawrocki--nay Motion to reconsider fails. f. Resolution 83-44 Lotsplit-4237-4243 Pierce Street Mo~ion by Norberg, second by Hentges to waive the reading of the ordinance incorporating the City Attorney's suggested changes there being ample copies available to the public. Roll call: Ail ayes The City Attorney advised the Council that the buyer of the property in question had not as yet signed the purchase agreement. The City Engineer also advised the Council that there are three stub outs in front of this property and that only two wlll be needed. He felt the purchaser should be responsible for capping the stub out that will not be needed. These two conditions were to be included in the resolution. Councilman Hentges had objection to the street being dug up to do the capping as this is a relatively new street. RESOLUTION 83-44 SUBDIVISION REQUEST Fee $10.00 Date Paid: 8-19-8 Receipt No.: 10091 I, dames E. Prokopowicz hereby request a split of PLAT 34416, PARCEL 2721 KEY PIN 36 30 24 24 O132 Legally described as: South 165 feet of Lot 6, Block 3, Reservoir Hills, Anoka County, Minnesota, except the West llO feet thereof. (Reserving and subject to a roadway and utility easement over the South 30 feet thereof.) THE DESCRIPTION HENCEFORTH TO BE: 1. North 67.5 feet of the South 165 feet of Lot 6, Block 3, Reservoir Hills, A~oka County, ~innesota, except the West llO feet thereof. 2. South 97.5 feet of Lot 6, Block 3, Reservoir Hills, Anoka County, Minnesota except the West 110 feet thereof. (Reserving and subject to a roadway and utility easement over the South 30 feet thereof.) Be it further resolved that special assessments of record in the office of the City of Col- umbia Heights as of this day, against the above described property, in the amount of $ be divided. Paid. Regular Council Meeting September 12, 1983 page 26 PLANNING AND ZOtlING DEPARTMENT ACTION: Approved Offered by: Heintz Seconded by: Nixon Roll call: All ayes LeRoy Goranson Zoning Officer James Prokopowicz Signature of Owner, Notarized 4332 Washington Street N.E., Col Hts. Owner's Address Telephone No. 781-8136 Subscribed and sworn to before me this 16th day of September, 1983. CITY COUNCIL ACTION: Bonnie A. Jewett, Notary Public Approved this 12th day of September, 1983, with the effective date of this resolution contingent on the completion at the applicant's ex- pense of currently capping the sewer stub out and the removal of the water stub out to the corporation in accordance with the recommendations of the Public Works Birector and upon the applicant's execution of the purchase agreement for the property with the £ity of Col- umbia Heights. Offered by: Seconded by: Roll call: Norberg Hentges Hovland, Petkoff, Norberg, Nawrocki--aye Hentges---nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. Communications a. Planning and Zoning Commission 1. Daniel Whipps, 4356 Madison Street, Special Purpose Fence Motion by Hovland, second by Petkoff to grant the permit for a special purpose at 4356 Madison Street, based upon recommendation of the Planning & Zoning Commission. Roll call: All ayes 2. Nicholas Vi]lella, 1216 Khyber Lane, Special Purpose Fence Motion by Petkoff, second by Hov]and to grant permission for the construction of a six foot high cedar vertical board Special purpose fence at 1216 Khyber Lane as recommended by the Planning & Zoning Commission. Roll call: All ayes 3. Planned Unit Development Ordinance No. 1052 The Council was advised that the Planning & Zoning Commission has recommended the approval of the changing of Section 9.108(5) of the Zoning Ordinance to add: (f) E.U.D. dwelling units shall have a minimum floor area of 750 square feet for each unit containing one bedroom or less, plus 120 square feet for each additional bed- room within the unit. No Council action was needed as this matter had been addressed in Ordinance No. 1052. Regular Council Meeting September 12, 1983 page 27 b. Traffic Commission 1. Request for Handicapped Parking Stall Motion by Hentges, second by Petkoff to authorize the installation of a handicapped park- ing stall in front of 4216 Seventh Street. Roll call: all ayes c. Approval of Federal Communications Commission Regarding 5% Cable TV Franchise Fee This item was informational. d. Memo from Finance Director Regarding Response to Auditor's Management Letter This item was informational. Mayor Nawrocki requested that the Auditor meet with the Council perhaps at a Council work session. e. MTC Receiving Bids for Sale of Used Transit Buses This item was informational. f. State Department of Transportation Permit Approval Regarding Central Avenue Street- scaping (Westside) This was an informational item, however the Council did discuss the conditions that are to be met by the City that were placed on the permit by MN/DOT. g. Request for a Block Party A request was received for a block party from Mark Babin of 2303 Maiden Lane. The Police Chief recommended denial of this request since it is not for a block party but rather for a private party which would not include people or neighbors in the immediate area. Motion by Norberg, second by Hentges to deny a block party request submitted by Mark Babin 2303 Maiden Lane , based on the Police Chief's recommendation for denial. Roll call: All ayes RECESS: 10:25 RECONVENE: 10:45 7. Old and New Business a. Old Business 1. Sale of Water to City of Minneapolis There was discussion on the matter of selling water to the City of Minneapolis based on some conditions. These conditions dealt with the ability of the City of Columbia Heights being allowed to continue to supply water to residents of other communities through some interconnects, a practice from the past. The total number of residents served in this cap- acity is 76. Motion by Hentges, second by Hovland to authorize the sale of water to Minneapolis at the rate of 85¢ per I00 cubic feet subject to an agreement from the City of Minneapolis formal- izing the resale of water to consumers adjacent to the City of Columbia Heights when water cannot be reasonably supplied by their respective communities. Roll call: All ayes 2. Bill for Engineering Services from Minneapolis for Reconstruction of 37th Avenue Motion by Hentges, second by Norberg to authorize the payment of $30,315.71 to the City of Minneapolis for engineering services associated with Project #8000, 37th Avenue Recon- struction (Central Avenue to Main Street). Roll call: All ayes 3. Agreement to Participate in Minnesota Emergency Employment Development Act (MEED) The conditions of this agreement were discussed and it was noted that it is an open agre- ement until March of 1984. Motion by Hentges, second by Hovland to authorize the Mayor and City Manager to enter into an agreement between Anoka County (through the Anoka County Job Training Center) and the Regular Council Meeting September 12~ 1983 page 28 City of Columbia Heights for the purpose of employment of persons to fill newly created porary positions in the City, which will be funded under the Minnesota Emergency Emp- loyment Development Act. Roll call: All ayes b. New Business 1. Weed Cutting Agreement Motion by Petkoff, second by Norberg to authorize the Mayor and City Manager to execute a contract between the City and Mr. Stan Jensen for grass and weed cutting during the re- mainder of calendar year 1983. Roll call: All ayes 2. Purchases a. Replacement Tires for Police Vehicles Motion by Norberg, second by Hentges to authorize the purchase of tires for squad cars under the Hennepin County Purchase Agreement from Suburban Tire in the amount of $746.02. Roll call: All ayes b. Grader Blades Motion by Norberg, second by Hovland to authorize the purchase of 20 3/4" x 8" x 6' grader blades under the Hennepin County Purchase from Parco Co. of Atwater, Mn. in the amount of $1,OO5.20. Roll call: Hovland, Petkoff, Hentges, Nawrockl--aye Norberg--abstain 3. Establish Salary for Clerk-Typist ll Motion by Petkoff, secdnd by Hentges to establish the salary of Clerk-Typist ll, Nancy French, at $5.52 per hour effective September 28, 1983. Roll call: All ayes 4. Replacement of Door at Liquor Store #3 Motion by Petkoff, second by Hovland to authorize the Mayor and City Manager to execute an agreement with Glass Masters in the amount of $1,572.80 to replace the front door and door frame at 5225 University Avenue based upon low, informal quotation. Roll call: All ayes 5. Inspection/Training Contract Motion by Petkoff, second by Norberg to authorize the Mayor and City Manager to execute a contract with the State Department of Public Safety to provide inspection services for hotels in return for training of City firefighters; and furthermore, that such contract expire June 1, 1986. Roll call: All ayes 6. Market Analysis Regarding New Off-Sale Liquor Store Location Motion by Petkoff, second by Hovland to authorize the City Manager to seek requests for proposals for preparation of a retail liquor store market analysis based upon a store location at the Zayre Shopper City property. Roll call: Hovland, Petkoff, Nawrocki-- aye Norberg--nay Hentges--abstain 7. Authorization to Make Payment Upon Demand for Recreation and Community Education Self-Sustaining Activities Motion by Petkoff, second by Hovland to authorize the Recreation and Community Services Commission to enter into agreements and contracts over $500 for self-sustaining programs only; and furthermore, that intermim checks be written as needed in payment for such ac - tivities. Motion to amend by Norberg, second by Hentges to place an upper limit of $1,O00. Roll call amendment: Norberg--aye Hovland, Petkoff, Hentges, Nawrocki--nay Motion to amend fails. Roll call on main motion: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Regular Council Meeting September 12, 1983 page 29 Establishment of Dates for Council Work Sessions The following dates and times were chosen for Council work sessions: Monday, September 19, 9:00; Wednesday, September 21, 8:00; and, Thursday, September 22, 9:00 pm. Council work sessions are held in the City Hall unless posted otherwise. 9. Human Services Networking Proclamation Mayor Nawrocki officially proclaimed Friday, September 23, 1983 as HUMAN SERVICE NET- WORKING DAY in the City of Columbia Heights 10. Mechanic's Report Regarding the Use of Propane in City Vehicles Members of the Council received copies of the report on the suggested use of propane in city vehicles. This report was furnished at the request of the Science, Technology & Energy Commission. This Commission had conducted an inquiry of its own into this matter. It also had representatives of propane companies come to its meetings and make present- ations. Councilman Norberg's comment on the mechanic's report was only an inquiry as to whether or not he had read the Commission's report. 8. Reports a. Report of the City Manager The City Manager's report was presented in writing and most of the items were discussed. Also, discussed at this time was an item regarding revising the dimensions required pre- sently by ordinance to accommodate compact cars. Report of the City Attorney City Attorney had nothing to report at this time. 9. Licenses Motion by Petkoff, second by Norberg to approve the licenses as listed upon payment of proper fee. Roll call: All ayes 10. Payment of Bills Motion by Hovland, second by Petkoff to pay the bills as listed out of proper fund~. Roll call: All ayes Adjournment Motion by Norberg, second by Hentges to adjourn the meeting at ayes -Anne Student, Coun~i~l~ecretary