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HomeMy WebLinkAboutJul 25, 1983O~FlClAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR MEETING JULY 25, 1983 The meeting was called to order by Mayor Nawrockl at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Ron Kizzee of the Northeast Church of God. 3- Minutes of Previous Meetings Motion by Hentges, second by Norberg to approve the minutes of the Regu]ar Council Meeting of July 11th as presented in writing and that the reading be dispensed with. Roll call: AI1 ayes 4. Oral Petitions There were no oral petitions at this time. Mayor Nawrocki introduced John Rajkowski who is the new editor of the Columbia Heights SUN. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1047 Prepared Food Delivery Establishments Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The City Attorney advised the Council of the changes that are being made with this ord- inance. He also noted that there is a section repeated in the body of the ordinance and it ~ould have to be amended out. Motion to amend by Petkoff, second by Hentges to strike the repetative definitions in Section 9.103 (82) through (87). Roll call on amendment: All ayes ORDINANCE NO. 1047 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, ~ERTAINING TO PREPARED FOOD DELIVERY ESTABLISHMENTS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.103 of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.103 DEFINITIONS The following~ords, and terms, va~enever they occur in this Ordinance, are de- fined es follows: 9.103(11 Accessory Buildin9 or Structure: A building or structure or portion of a struc- ture subordinate to and serving the principal structure on the same lot. Accessory Use: A use which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings. Regular Council Meeting July 25, 1983 page 2 9.103(3) Alley: R public right-of-way which affords a secondary means of access to abut- ting property. 9.103(~) Auto Reduction Yard: A lot or yard where one(i) or more unlicensed motor vehlcles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. 9.103(5) Auto and Truck Sales Lot: Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permit- ted but not required. 9.103(6) Bay: Cantilevered portion of a building. 9.103(7) Basement: A portion of a building located partly underground, but having less than half Its floor-to-calling height below the average grade of the adjoining ground. 9.103(8) Boardinghouse: A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals and/or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. 9.103(9) Building: Any structure having a roof which ~ay provide shelter or enclosure of persons, animals or chattel. 9.103(10) Building Height: A distance to be measured from the mean curb level along the front lot line or fro~ the mean ground level for all of that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the upper- most point on a round or other arch type roof, to the mean distance of the high- est gable on a pitched or hip roof. 9.103(11) .Carport: An automobi]e shelter having one or more sides open. 9.103(12) Cellar:That portion of the building having more than one-half (!/2) of the floor to-ceiling heights below the average grade of the adjoining ground. 9.103(13) Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religlous worship and which buildings and uses are main- tained and controlled by a religious body organized to sustain regular public worship. 9.103(1~) Conditional Use: See Section 9.105(5). 9.103(15) Conditional Use Permit: A permit specially and Individually granted by the Council after public hearing thereon by the Co~nission for any conditional use so permitted in any use district. (See 5action 9.105(5) ). 9.103(16) Curb Level: The grade elevatlon as established by the City, of the curb in front of the center of the building. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the pur- pose of this Ordinance. ~ Owellln~: A buildlng or one (1) or more portions thereof occupied or Intended to be occupied exclusively by a family, but not including rooms in motels hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. 9.103(18) Dwelling-Attached: A dwelling which is joined to another dwelling at one or more sides by a common ~all. 9.103(19) Dwelling-Detached: A dwelling which is entlrely surrounded by open space on the same lot. 9.103(20) Dwelling-Hultiple: A building so designed as to contain three (3) or more dwell- ings as the principal use. 9.103(21) Owelling-To~nhouse: Attached dwelling units, each with a separate entrance to front and rear yards. 9.103(22) Essential Service: Underground or overhead gas, electrical, steam or water dis- tribution systems; collection, communlcatlon, supply or disoosal systems Includ- Ing poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories In conjunction therewith; but not including buildings. 9.103(17) 9. ! 03 (23) 9.103 (24) 9. i o3 (25) 9.103 (26) 9.103 (27) 9.103 (28) 9.103 (29) 9.1 o3 (3o) Regular Council Heeting July 25, 1983 page 3 Family: An Individual, or t~o or more persons each related by blood, marriage,; or adoption, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a con~on household and using con~x~n cooking and kitchen facllitles. Fence: A fence is any partition, structure, wall or gate erected as a dividlng marker along property lines or within the required yard. Floor Area (Net): The sum of the gross horizontal areas of the several floors of a building inc]uding Interior balconies, mezzanines and basements, but ex- cepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, Inside off-street parking or loading space. Heasurements shall be made from the center line outside of exterior walls. Floor Area (Gross): The sum of the gross horizontal areas of the several floors measured to the center line of the exterior walls. Floor Area Ratio: The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or build- Ings are located. Garage-Private: A detached accessory building or portion of princlpal building, including a carport, which is used prlmarIly for storing passenger vehicles, trailers or one (I) truck of a rated capacity not in excess of nine thousand (9,000) pounds. Garage Sale: Any display of used goods and/or salesmen samples and sale of said goods on a property used primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwelling. Glare-Direct: a.) That part of the visible light raachlng an observer dlrectly in a straight line from the source of Its principal diffuser and/or its assoc- Iated focusing reflector, b.) Light described in (al above, but reaching an observer by reflection from a surface or surfaces which either: I. Hove periodically under power of the wind, electricity, burning fossil fuel, or similar energy source. 2. Or reflect 70~ or more of the light Incident upon them; 3. Or produce by Imaging the effect of the conditions of part (al above. 9.103 (31) Home Occupation: Any gainful occupation meetlng all of ~he following requirements: Vhen engaged In only by persons reslding in the dwelling, which does not require additlonal parking~e~hen evidence of the occupatlon is not vlslble from the street, when the prlnclpal structure becomes the base of operation for that occupation, and when not involving the retail sales on the site of products produced off the site. (32) floral: A bulidlng containing eight (8) or more quest rooms in which lodglng Is provided with or wlthout meals for compensation and which is open to transient, permanent guests or both, end where no provision is made for cooking In any guest room, and In which Ingress and egress to and from all rooms Is made through an inside lobby or office supervised bye person In charge. .3.03 9.3.03 3.03 (33) Junk Yard: An area where used, Waste, discarded or salvaged mater- leis are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled Including but not Iimlted to scrap, iron, and other metals, paper, ragg, rubber products, ~ottles end lumber. Storage of such material in conjunction with a permitted manufactur- lng process when within an enclosed area or bulidlng shell not be n:iuded. (34) ~ennel: Any premises where three (~) or more non-caged domestic animals over six (6) months of age sro kept, except for an enlmal hospltel, pet shop or veterinary clinic. Regular ~oincil ~eeting July 25, 1983 page 4 9.103 (35) Land Reclamation: Depositing four hundred (400) cubic yards or more of materlal after the effective date of this Ordinance so as to elevate the existing grade. 9.~03 (36) Lot: A parcel of land occupled or used or Intended for occupancy or use by a use permitted in this Ordinance, abutting on · public street, and of sufficient size to provide the yard required by this Ordinance. 9.103 (37) Lot of Record: Any lot which is one (I) unit of · plat heretofore or hereafter duly approved and filed, or one {I) unit of an Auditor's Subdivision or · Registered Land Survey, or a parcel of land not so platted, subdivided or registered for which a Deed, Auditor's Subdivision or Registered Land Survey has been recordedln the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance. · 9.103 (38) Lot Area: The area of a lot in a horizontal-plan bounded by the 1or lines, but not Including any area occupled by the waters of a duly recorded lake or area which has been dedicated as · public right-of-way. 9.103 (39) Lot Area ~oer I)~elllnq Unl.t: The number of square feet of lot area required per dwelllng unit. g.103 (40) L_~_~_C~: A lot situated at the junction of, and abutting on two (2) or more Intersecting streets, or a lot at the point of deflection In allgnment of a continuous street , the Interior angle of which does not exceed one hundred thirty-five (135) degrees. 9.103 {41) Lot Depth: The mean horizontal dlstance between the front lot line and the rear lot llne of a lot. 9.203 (42) Lot Line: A lot line is the property Ilne bounding a 1or except that where any portion of a lot extends into the public right-of- way or a proposed public right-of-way shovm on a recorded official map, the line of such public right-of-way shall be the lot line for applying this Ordinance. 9.103 (43) Lot Line - Front: That boundary of · lot whlch abuts a publlc street, and in the case of a corner lot it shall be the shor,~st dimension on a publlc'street. If the dimensions of a corner lot are equal, the front lot llne shell be designated by the owner and filed with the City. 9.103 (44) Lot Line - Rear: That boundary of a lot which is opposite the front lot line. If the rear lot 1ina Is less than ten (10) feet in length, or if the lot forms a p6lnt at the rear, the rear lot Ilne shall be a line ten (10) feet in length wlthin the lot, parallel to, and ak the eaxlmum distance from the front lot Ilne. 9.103 (45) Lot Line - Side: Any boundary of · lot which is not · fro*t lot line or a rear lot line. Regular Council Meeting J'uly 25, 1983 page 5 g.103 (45) Lot - Through: A lot which has a pair of opposite lot II,~s · butting two (2) substantlally parallel streets, end which ,' not · corner lot. On · through lot, both street lines shall be front lot 1lees for applying this Ordinance. 9.103 .9.303 9.103 9.103 9.203 Lot V;dth: The maximum horlzontal.distance between the side lot lines' of a lot measured within the first thirty (30) feet of tho. lot depth. Mobile Home: A m~bile home meqns a factory-built structure or structures equlpped wlth the necessary service connections and made so es to be reedilymovable as · unit or units on Its or thelr own r~nnlng gear and designed to be used as.'· dwelling unit or units without a permanent foundation. The phrase m~lthout · permanent* foundat$on" Indicates that the support system is constructed with the Intent that the mobile home placed thereon will be moved from time to tlme at the convenience of the owner. Mobile Home Park: A parcel of land so designed end Improved wlth Utilities, parking pads, walks, ·cc·ss roads, etc. to accommodate mobile homes which are to be used as dwellings that have received State approval. Motor Court~ Motor Hotel or Motel: A parcel of land upon whlch is located a building or group of buildings other than · hotel and used primarily as · temporary residence of · motorist. Motor Frelght Termlnal: A building or ar·aw here freight arrlve~, Is removed or both for routing in Intra-state or Inter-state ship- ment by motor truck. Motor Fuel Station: A retail place of business engaged primar$1y in the sale of motor fuels, but may also be engaged in supplying goods and services generally required In the operation and maintenance of motor vehicles. 9.103 (53) Motor Fuel Station - Major: A prlmarlly ret·II place of business which may engage In Hajormotor vehicle repair, shall be located within three hundred ()DO) feet of · ajor thoroughfare, may Include auto wash as an accessory use, ~ay operate a T.B.A. store. 9.103 ($4) Motor Fuel Station - Minor: A retell place of business ~hlch shall have two service bays, end may engage in Minor motor vehicle repair. 9.1o3 (55) .1o3 (56) Motor Vehlcle Repair - Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trallers, Includlng body work, frame work and ~ajor painting servlce. Motor Vehlcle Repair - Minor: The replacement of ·ny part or repair of any part whlch does not require the removal of the engine head or pan, engine, transmission or differential; iflclden- tel body and fender work, minor painting end upholstering service when said service above stated Is applied within an enclosed building. Regular Council Meeting July 25, 1983 page 6 9.303 (57) Non-Conforming Structure: Any structure~hlch is legally existing upon the effective date of thls Ordinance, ~hich would not conform to the applicable regulations if the structure were to be erected under the provisions of thls Ordinance· g.303 (58) ..N0n-£onformln~ Use: A use of land, bulldlngs or structures le~fully existing at the time of adoption of thls O~dlnance whSr. h does not c~.~rly wlth all the regulations of thl~ Ordinance or any use of land b~i~ding or structure lawfully exlstlng prlor to the ·doptlon af an amendment ~h~ch would not ¢o~1y with ali of the regulationS. ~.303 (5~) Noxious ~atter~ Nat·rial: ~terlal capable ef ¢auslng injury to : I iving organisms by chemlcal re·etlon, or is capable of causing detri- mental effects on the physlcal or ·con, lc well-being of indlv~duals. ~.303 {&O) .Nursery-Day: A use where care is pr~ided for ~y for three (3) or more children under ~in~rgarten ~e.for periods of four {~) hour~ or ~re per day. ~.~03 (61) Open Sales Lot: Land devoted to the dlsplay of ~ds fo~ sale, rent~ lease, ·dvertlslng or trade where such goods are not enclosed ~'lthln a buildlng but not including new or used ~r~' or trucks. ~.303 {62) Performance' Standard: Erlter~on establlshed to control nolse, odor, radiation, toxic or noxious ~tter~ vibration' fire and exploslve hazards, or glare or heat generated by or Inherent in ules of land or buildings. Publlc Hearing: ~henever the tare Public Nearing I~ us~ in th1~ Ordinance, unles~ other, s· speclflcally redeflned~ it ~hall ~an a public hearing pursuant to a notice published once in the offlclal newspaper of the Eity and also ~11ed to the Indlvldual ~ner of record~ at least 10 days before the date of ~uch hearlng~ ~ch ~tice ~11 specify the general purpose, tlme and place of ~uch hearing. Any ~uch hearing after such publication ~y be contlnued~ recessed or adjourned from t~me to ti~ without any further publlcatlons or not,ce thereof. g.]o3 (63) g.3o3 (64) g. .o3 (65) 9.303 (66) 9.3.03 {67) 9.303 [6S) Roomln9 House: A residential structure whlch offers a room or rooms without kitchen f·cllitles for tent. Roomer: A person who is not a member of t~e f·mlly occupying a room.for a cha~ge; Story: That Portion of · bulldlng ~ncluded between the surface of any floor end the surface of th~ floor mext ·boy· It; or If there · no floor above, the space between the'floor and the ceiling next · boy·· A basea~nt shall be counted as · ~tory. Street: A public rlght-of-~ay not less than fifty (50) feet in width which affords · primary means of ·cc·ss to abutting property. Structure: Anything constructed or erected, the use of w~lch requires more or less per,anent location on the ground or attach~ meat to something having · permanent Iocatlon on the ground. I~hen a structure is divided into separate parts by an unplerced wall, each part shall be deemed a separate structure. Regular Counci! Ne·ting J'uly 25, 1983 page 7 g.3o3 ( Structural Alter·ilo·: Any change, other th~n incidental repairs, which would prolong the life of the supportlng members of a bu$1ding, such ·s bearing walls, columns, beams, girders, or foundations. 7o) .: U~e: The purpose or ·ctlvlty for w hlch the land, structure or building thereon Is designed, arranged, or Intended, or. for~hlch It Is occupied or maintained. ~se = Conditional: Either · public or pri~ate use'as Ilsted'whlch, because of its unique characteristics, cannot be properly classified ns · permitted use In a particular district. After consideration, in each case, of the impact of such use upon neighboring lend, and of the pub]lc need for the particular use at the partlcular locati6n, such "toad|Clone1 use"may not be granted or may ~e granted with appropriate conditions by the Council. 9.203 .(72) g.lO3 (73) Use - Permitted: A use whlch may be lawfully ~stabllshed In · partlculm district or districts, provided it conforms with ·11 requirements, regulations and performance standards, of such district. Use - Prlnclpal: The n~in use of land or buildlngs es distinguished fror subordinate or accessory uses. A "principal use" r~y be elther permitter or condi ilo·al. g.]o3 9.]03 (75) Vendln~ Kachine: Any coin operated device which dispenses I procuct or service without an attendant. Yard: k required open space on a 1or, which Is unoccupied and unob- structed by a structure from Its Ic,~est ground level to the sky except as expressly permitted In this Ordinance. Off-street parking and open storage unless speciflcally Fovlded for ·re entrenchments.* A yard shall extend along I lot 11ne end et right Ingles to such lot 1Ina to · depth or width specified in the yard regulatlons for the district in~hlch such 1or is located. 9.]o3 (77) g.3o3 (Te 9.303 (79) s.2o3 (80) Yard - Front: A yard extending along the full width of.the front )or line ~etween side lot lines and extending from the abutting front street rSg~t-of-way 11ne to · depth requSred in the yard regulations for the district in which sbch lot Is located. Yard - Rear: A yard extendlngalong the' full width of the rear lot line bet. e·· the side lot tines and extend]ag to~ard the front 1or line for a depth as specified i~ the yard regulations for the district Yet· - S~de: A yard extendlng along a side 1or 1lng between the front and rear yards, having a width as specifled In the yard regulations for the district in ~hich such 1or is located. 2onln~ Admlnlstrator: Person appolnt;d by the C~ty Kan·gar ns provided by this Ordinance. 2onln9 District: An area or areas wi'thin the limits of th~ City for which the regulations and requirements governing use are Unlform. Regular Council Meeting July 25, 1983 page 8 9.103 (82) Yard: A required open space on a lot, which Is unoccupied end unob-I strutted by · structure from Its lowest ground level to the sky excep~m~ · s expressly permitted in thls Ordinance. Off-street parking and open storage unless specificallyFovlded for ere encroachments. A yard shall extend ·long · lot line ·nd ·t right angles to such lot line to · depth or width specified In the yard regulations for the district inwhlch such lot Is located. (83) Yard -Front: A yard extending along the full width of the front lot line between side 1ut Ii·es ·nd extending from the ·butting front street right-of-way line to · depth required In the yard regulatlons for the district In which such lot is loc·ted. 9.103 9.1o3 (B$) (86) 9.1o3 (87) Yard - Rear' A yard extending along the full width of the rear lot line between the side lot lines and extendlng toward the front lot line for · depth as specified in the yard regulations for the district law hath such lot is Iocmted. Yard o $1de: A yard extending along · slde 1ut ~Ine between the front and rear yards, having · width ·s specified In the yard regul·tlons for the district in which such lot is loc·ted. Zoning Administrator: Person appointed by the City Ha·agar as provided by this Ordinance. Zoning District: An ·re· or areas wlthln the limits of the City for which the regulations and requirements governing use ere uniform. shall hereafter read as follows, to-wit: 9.103 9.1o3 (1) 9.103 (2) 9.103 (3) 9.1o3 9.1o3 (si DEFINITIONS The following words, a~d ter~s, whenever they occur in this Ordinance, are defined as follows: Accessory Buildin~ or Structure: A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Accessory Use: A use which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings. Alley: A public right-of-va7 which affords a secondary means of access to abutting property. Auto Reduction Yard: A lot or yard Sere one (1) oz more unlicensed motor vehicles or the re~ains thereof are kept for the purpose o! dismantling, ~ale of parts, sale as scrap, storage or abandonment. Auto and Truck Sales Lot: Buildings and pre=iaea for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. 9.103 (6) Bay: Cantilevered portion of a building. Regular Council Heeting July 25, 1983 page 9 9.103 (7) Basement: A portion of · building located partly underground, but having less than half its floor-to-ceiling height belo~ the average grade of the adjoining ground. 9.103 (8) BoardinRhouse: A building other than · hotel or hotel where, for coupe·sa- t/on and by pre-arts·age, eat for definite periods, ~eals and/or lodgings ,are provided for three (3) or more persons, but not to exceed sight (8) persons. 9.1o3 (9) BuildinR: Any structure having · roof vhich~ay provide shelter or en- closure of persons, an/~als or chattel. 9.1o3 (lo) BuildinR EeiRht: A distance to be ·ensured from the nean curb level along the front lot line or from the nean ground level for all of that portion of the structure having frontage on a public right-of-~ay, vhichever is higher, to the top of the cornice of a flat roof, to the deck line of a nansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on · pitched or hip roof. 9.103 (il) Carport: An automobile shelter having one or note sides open. 9.1o3 (12) Cellar: That portion of the building having nora than one-half (1/2) of the floor-to-ceiling heights belov the average grade of the adjoining ground. 9.1o3 (13) 9.103 (lA) Church: A building, together vith its accessory buildings and uses, vhere persons regularly assemble for religious vorship and ~hich buildings and uses are ~aintained and controlled by a religious body organized to sustain regular public.vorship. Condition~l Use: See Section 9.105 (5). 9.103 (is) 9..1.0:3 (16) 9.1o3 (17) 9.1o3 (18) 9.103 (19) 9.1o3 (20) 9.103 (21) Conditional Usa Per. it: A pernit specially and individually granted by the Council after public hearing thereon by the Commission for any con- ditional use ·o permitted in any use district. (See Section 9.105(5) ). Curb Level: The grade elevation as established by the City, of the curb in front of tbs cemter o! the building, k'here no curb level has been es- tablished, t%e City Engineer shall deter~ine a curb level or its equivalent for the purpose of this Ordinance. DvellinK: A building or one (1) or nora portions thereof occupied or in- tended to be occupied exclusively by a fomily, but not including roons in motels, hotels, nursing hones, boardinghouses, ~or trailers, tents, cabins, or trailer coaches. 1~ellin~-Attached: A dvelling vhtcb is }si·ed to another dvelling at one or ~ore sides by · DvelltnR-l)etached: A dvell/mivhichis entiTely surrounded by open space on the same lot. l~ellin~-Hultiple: A building so dest~ned as to contain three (3) or nora dvellings as the principal use. Dvelling-To~nhouse: Attached dvelling units, each v/th · separate entrance to front and rear yards. Regular Council Meeting July 25, 1983 page i0 9.1o3 (22) Essential Service: Underground or overhead gas,.electrical, stem,, or water distribution systems; collection, communication, supply or disposa~ systems including poles, vires, ~ains, drains, sewers, pipes, conduits, cables, fire ·lam boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings. 9.103 (23) Family: An individual, or tv. or more persons each related by blood, nar- riage or adoption, living together as a single housekeeping unit; or · group of not more than four (4) persons not so related, ~aintaining · co~aon household and using cannon cooking and ~tchen facilities. 9.103 (24) 9.1o3 9.103 (26) 9.103 (27) 9.103 9.103 Fence: A fence ts any partition, structure, yell or gate erected as · dividing marker a/on8 property lines or within the required yard. Floor Area (Net): The au~of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basmnents, but excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, inside off-street parking or loading space. Neasurenents shall ba made fro~ the center line outside of exterior walls. Floor Area (Gross): The sun of the gross horizontal areas of the several floors ~easured to the center line of the exterior walls. Floor Area Ratio: ~he numerical value obtained through dividing the gro~ floor area of a building or buildings by the lot area on whtch such build---- trig or buildings are located. (28) Garage - Prlvate: A detached ·ccessory building or portion of prlncipal bulldlng, including a carport, which Is used primarily for storing passenger vehlcles, trailers or one (I) truck of · rated. capacity not In excess of nlne thousand (9,000) pounds. Garage Sale: Any display of used goods and/or salesmen samples and sale of said goods on I property used primarily Is · dwelling. The person conducting the sale lhali be · member of the family occupying the dwelling. 9.103 (30) Glare - DirecT: ·.)That part of the visible light reaching an observer dlrectly In · straight line from the source of Its principal diffuser and/or Its associated focusing reflector. b.) Light described In (a) above, but reaching an observer by ref- lectlon fro~ a surface or surfaces w~Ich either: 1. Nave periodically under power of the wlnd, electricity, burn!n9 fossll fuel,'or similar energy source. 2. Or reflect 70t or more of the light Incident upoq them; 3. Or produce by Imaging the effect of the conditions of part (a) above. Regular Council Meeting July 25, 1983 page 11 9.103 (31) Home Occupation: Any gainful occupation meeting ·11 of ~he follc~vlng requirements: ~hen engaged In only by persons residing In the dwelling, which does not require additional Perklng~t~hen evidence of the occupation is not visible from the street, when the prlnclpal structure becomes the base of operation for that occupation, and when not Involvlng the retail sales on the slte of products produced off the site. 9.103 (32) flotel: A bullding containing eight (8) or more quest rooms In which lodging Is provided wlth or without mc·Is for compensatlon and which is open to transient, permanent guests or both, ·nd where no provision Is made for rooking in ·ny guest room, ·nd in whlch Ingress ·nd egress to ·nd from ell rooms Is made through ·n inside lobby or office supervlsed by I person in charge. 9.103 (33) Junk Yard: An area where used, ~aste, discarded or salvaged mater- ials are bought, sold, exchanged, stored, boled, cleaned, packed, dlsassembled or handled Including but not Ilmlted to scrap, iron, and other metals, paper, rag~, rubber products, ~ottles end lumber. Storage of such material in conjunction with a permlttedmanufectur- lng process when within an enclosed area or building shall not be Included. 9.103 (34) Kennel: Any premises where three (3) or more non-~aged domestic anlmals over six (Gl months of age are kept, except for ·n ·nlmal hospltal, pet shop or veterinary clinic. 9.103 9.103 (35) Land Reclamation: Depositing four hundred (400) cubic yards or more of material after the effective date of this Ordinance so as to elevate the existing grade. (36) Lot: A Parcel of land occupled or used or Intended for occupancy or use by a use permitted in thls Ordinance, ·butting on a public street, ·nd of sufficient size to provide they·rd r·qulred by this Ordinance. 9.103 (37) Lot of Record: Any lot whlch Is one (I) unit of · plat heretofore or hereafter duly approved and filed, or one (I) unlt of an Audltor~s Subdivision or · Registered Land Survey, or · parcel of land not so platted, subdivided or registered for which a Deed, Auditor's Subdivision or Registered Land Survey has been record·din the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance. · 9.103 (38) Lot Area: The area of a lot in a horlzontal' plan bounded by the lot lines, but not including any area occupied by the waters of · duly recorded lake or area whlch has been dedicated as · public right-of-way. 9.103 (39) Lot Area per l>aelllnq Unl~: The number of square feet of lot · rea required per dwelling unit. 9.103 (40) ~: A lot situated at the Junction of, ·nd abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of · continuous street ~ the Interior an§la of which does not exceed one hundred thirty-fly· (135) degrees. Regular Council Meeting July 25, 1983 page 12 9.103 (41) Lot Depth: The mean horizontal distance bet~en the front lot line and the rear lot line of · lot. 9.103 (42) Lot Line:' A lot line Is the property Ilne bounding · lot except that where any pDrtlon of · lot extends into the public right-of- way or a proposed publlc right-of-way shown on · recorded official map, the line of such publlc right-of-way shall be the lot for applying this Ordinance. 9.103 (43) Lot Line - Front: That boundary of a 1oS whlch ·buts · public street, and in the case of · corner lot it shall be the shorLest dimension on a public street. If' the dimensions of · corner lot are equal, the front lot line shell be designated by the owner and filed with the City. 9.103 (44) Lot Line - Rear: That boundary of ~ lot which is opposite the front lot line. If the rear lot llne Is less than ten (10) feet in length, or if the lot forms · point at the rear, the rear lot line shall be a line ten (10) feet In length within th· lot, parallel to, and et the maximum distance from the front lot line. g.[03 (45) Lot Line - Side: Any boundary of a lot which is not a fro~t lot line or a rear lot line. 9.103 (46) Lot - Through: A lot which has a pair of opposite lot ii~s abutting two (2) substantially parallel streets, and whlch ,' not a corner lot. On · through lot, both street lines shall be front lot lines for applying this 0rdin·nce. 9. ].03 (47) Lot ~idth: The maximum horlzontaldistance between the side lot lines of a lot measured within the first thlrty (30) feet of the. lot depth. 9.103 9.103 9.103 9.103 (48) Hoblle Home: A mobile home meqns · factory-built structure or structures equipped with the necessary servlce connections end made s~ as to be readily movable as a unit or units on Its or their own running gear and deslgned to be used as. · dwelllng unit or units without a permanent foundation. The phrase ~lthout · permanent foundation" Indicates that the support system is constructed with the Intent that the mobile home placed thereon will be moved from time to time et the convenience of the owner. (4~) Hoblle Home Park: A parcel of land so designed end Improved wlth utilities, parking pads, walks, access roads~ etc. to accommodate mobile homes which are to be used es d~elllngs that have received State approval. ($0) Hotor Court~ Hotor Hotel or Hotel: A parcel of land upon which Is located a building or group of buildings other than · hotel and used prlmarlly as · temporary residence of · motorist. (51) Hotor Freight T~rmlnal: A bulldlng or ar·aw here freight ·rrlveg, ts removed or both for routing in intre-state or Inter-state shlp- ment by motor truck.. Regular Council Heeting July 25, 1983 page 13 9.103 Motor Fuel Station: A retail place of business engaged prlmarlly in the sale of motor fuels, but may also be engaged In supplying goods and services generally required in the operation maintenance of motor vehlcles. 9.103 (53) Motor Fuel Station - Ma~or: A prlmarlly ret·Il place of business which may engage In Major motor vehlcle repair, shall be located within three hundred (300) feet of · major thoroughfare, amy include auto wash ns an accessory use, ,my operate a T.B.A. store. ,9.103 Motor Fuel Station - Minor: A retail place of business kd~Ich shall have two service bays, and my engage in Minor motor vehicle repair. 9.103 (55) Motor Yehicle Repalr - Ma~or: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, includlng body work, frame work and major palntlng servlce. 9.1o3 (56) Motor Vehlcle Repair - Minor: The replacement of any part or repair of any part ~hlch does not require the removal of the engine head or pan, engine, trensmlssion or differential; Inciden- tal body and fender work, minor painting end uphoIsterlng service when said service above stated Is applied within in enclosed building. 9.103 (57) Non-Conforming Structure: Any structurewhlch Is legally existing upon the effective date of this Ordinance, which would not conform to the applicable regulatlons if the structure were to be erected under the provisions of this Ordinance. 9.303 (Sa) Non-Conformln~ Use: A use of l·nd, buildings or structures le~fully existing et the time of ·doptlon of this O~dlnance~hich does not comply with ·11 the regulations of this Ordinance or any use of 1·nd building or structure la~fully existing prior to the adoption of mn amendment which would ~ot comply ~lth ali of the regulatlons. ~.)03 (5S) Noxlous flatter E flat·tls1= ~aterlal capable of causlng Injury to living organis~s by chemical reaction, or is capable of causing detrl- ~ntll effects on the physical or econ~ic ~ell-belng of lndlvlduals. ~.303 (&O) .~ursery-Day: A use ~here care is provlded ~or ~y for ~hree {]) or ~re children under k~ndergarten age.for perlods of four (~) hoUrs or ~re per day. 9.203 ;.203 (62) Open Sales Lot: Land devoted to the dlspliy of goods fo~ sale,.rent, lease, ·dvertislt~ or trades,here such ~oods ire not enclosed KIthln · build;ne but not Incl~ding new or used cars or truck~. Performance*Standard: £rlter;on established to control noise, odor, radiation, toxic or noxious matter, vibration, flre and exploslve hazards, or glare or heat ge·er·ted by or Inherent In uses of lend or buildings. Regular Council He. ting July 25, 1983 page 14 9.1o3 (63) ~repared Food Delivery Establishment: Any buildin8 where food ia pre- pared for sale and consumptio~vhich food ~ust be consumed off the pre~ises. For purposes of this provision, the te~ "premises" shall include but not be li~ited to the buildin8 and its outhouses, loading docks, sidewalks, landscaped areas, and parkin8 end driveway ·r~as. Rs food or bev·rads of any nature may he consumed upon the premises. Pro- vided, however, an employee of the establishment amy consume food end beverages upon the premises durlnE times such ~mployee is employed by the o~mer or owners of the establishment but only durin~ such time es such employee is on duty es mn employee of such establis~ment. 9.3.03 Public Hearing: ~henever the term Public N~srln9 is used In thls Ordinance, unles~ otherwise speclficslly redefined, it shall mcan · public hearing pursuant to · notice published once in the offic$·l newspaper of the £ity end also malled to the Individual o~ner of record, st least 10 days before the date of such hearing, which ~otlce shall specify the general purpose, tlme end place of such hearing. Any such hearing after such publicstlon may be continued, recessed or adjourned from tlme to time without any further pubilcatlons or notice thereof. 9.203 (66) 9.1o3 (671 9.3.03 Rooming House: A residential structure whlch offers · room or ~ooms without kitchen f·cllitles for tent. Roomer: A personwho is not · member of t~e family occupylnff · roo~.for · chs~ge; Story: That i~ortlon of · bulldlng included between the surface of ~ny floor and the surface of th~ floor next ·boys It; or If there Is -no floor above, the space between the'floor and the ~eIling next above. A basement aha1! be counted as · story. Street: A publlc right-of-way ~ot less than fifty ($0) feet In width which affords · primary means of access to abutting property. 9.3.03 ( 691 9.3.03 (7o) e.3.o3 ('72) 9.3.03 Structure: Anything constructed or erected, the use of ~hich requires more or less per~nent locatlon on the ground or attach- ment to ~omethlng having s permanent Iocstlon on the ground. I~hen a structure is divided into separate parts by an unplerced wall, each part shall be dee·ed · separate structure. Structural Alteration: Any than!pa, other than Incidents1 repel.rs, which ~ould prolong the life of the supporting members of · buIldlng, such es bearing walls, colufans, bums, 9Irders, or foundations. Use: The purpose or ectlvlt¥ for ~hlch the land, structure or bulldlng thereon is designed, arranged, or Intended, or for which It is occupled or maintained. ~se - Condltlonsl: Either a public or prl~ste use'as Ii·ted which, because of its unique characteristics, cannot be properly clssslfled es · permitted use In · particular district. After consideration, in · each case, of the Impact of such use upon neighboring land, and of the' publlc need for the particular use at the partlculsr locstlCn, such 'condltlonsl use"may not be granted or may'be granted wlth appropriate conditions by the £ouncll. Regular Council Heeting July 25, 1~83 page 15 9.3.03 .(731 .3o3 ( Use - Permitted: A use~d~ichmay be 1·~rfully est·bllshed in · p·rtlcular district or districts, provlded It conforms with ·11 requirements, regulatlons ·nd performance standards of ·uch district. Use - Prlnclpal: The eiln use of 1·nd or buildings ·s dlstlnguTshed from subordinate or accessory uses. A "principal use'n dy be either permitted or conditlonal. 9.303 {75) Yendlng Hachlne: Any coin operated devlce which dispenses · procuct or service without ·n attendant. Yard: A requlred open space on · lot, vhlch Is un·coupled end unob- structed by · structure from Its Ic~eest ground level to the sky except · s expressly permitted In this Ordinance. Off-street parking and open storage unless speciflca11¥ povlded for ·re encroachments. A yard shall extend ·long · lot 11ne ·mi ·t right angles to such lot line to · depth or width specified In the yard regul·tlons for the district in ~d~lch such 1at Is located. s.3o3 (79) g. JO3 (80) 9.303 Yard - Front: A yard extending ·long the full wldth of the front 1at line between side 1at lines and extending from the ·butting front street right-of-way line to · depth required In the yard regular;·ns for the district ln whlch sbch 1at is located. Yard - Rear: A yard extending ·long the' full width of the rear lot llne between the side 1at lines end ex{ending tc~eard the front 1at 1ina for · depth es speclfled i~ the yard regulatlons for the district in whlch sur. h 1at is located. Yard - Side: A yard extending ·long · side 1at line between the front and rear yards, having · width ·s specified In the yard regulations for the district in which such 1at is located. Zonln~ Adm~nlstrator: Person appolnt~d by the C~ty Pmnager as provided by this Drdinance. 2onSn9 D~strlct: An ·rea ar ·rems ~Ithin the limlts of the City for ~hich the regulations and requSre~ents governing use are unlform. Section 2: Section 9.116(a) o! Ozdinance ~o. 853, City Code of 1977, passed June 21, 1977 vhich ~eads as foil·va, to-vii: 9.ll6(a) Requlred O~{oStreet Parking Calculatin~ Spaces: bgmn determlnlng the number of off-street parking spaces required results In · fraction, each fr·ctlon of arm-half (~) or more shall constitute another space. (b) .&arege or Carport: A garage or carport shall be considered · parking space. However, · buildlng permit shall not be granted to convert · gar·ge or carport to IIvlng space unless other acceptable provisions are made to provide the required parking space. Regular ~ouncil ~ee~ing July 25, 1983 page 16 Single Family Dwelllng: At least two (2) parking spaces, one of which she1! be a garage. Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) (fl (hi .Rooming House: At least two (2) parking spaces for each three (3) persons for which acco~nmodatlons are provided for sleeping. Multiple l~welllng: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 In the R-~ District, and I in all "W' Districts, one of which shall be a garage. Hotel: At least I parking space for each rental court provided in the design of the building. Hotel: At least one (I) space ~or each dwelling unit or lodging room, plus one (I) additional space for each eight units. School, Elementary and Junior High: At least one (1) parking space for each class room plus one (Il additional space for each 300 student capacity. (J) School, High School through £ollege: At least one (I) parking ~pace for each seven (7) students based on the deslgn capaclty, plus one (i) additlonal space for each two (2) class rooms. (k) Church~ Clubs: At least"one (Il parking space for each three and one-half"'(3~) seats based on the design capacity of the mia assembly hall. (1) Theatre, Ballfield, Stadium: At least one (1) parking space for each eight (8) seats of design capacity. ('9 (o) (pi (q) (ri ~os?itml: At least one and one-half (1-1/2) psr~tng spaces for each patient bed. }an~tmriu~ Convalescent Eo~e, Eest Home~ Nursini Eome or Insti- tution: At least one (1) parking space for each six (6) beds for ~hich accommodations are offered, plus o~e (1) additional apace for each fifteen (15) beds. Ne~ical or Dental Clinic or VeterinarT Office: At least three (3) parking spaces for each staff doctor or dentist ac::rding to de- sign capacity. ~re~ared Yood ~sta~lisl~nents: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building Ce~t ~ area equal to four (~) square feet for each seat provided. ~ovlinB Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for rel~:~ uses such as a restaurant. Notor Fuel Stations: At least six (6) parking spaces plus t~o (2) off-street parking spaces for each service stall. Regular Council Meeting July 25, 1983 page 17 (s) (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~ ~afe~ Bart Tave~nt NiKht Club: At least one (1) space for each three (3) seats based on capacity desi~ or,here there no design layout, one (1) space for each thirty-five (3~) square feet of gross floor area. Provided, hoverer, the City Council by affi~ative vote Scant a contractual ~ark~ns pe~t reducing the off-street parkln$ requtr~ent fo~ a st~cture ~tst~ng on August 8, 1977 by not more than f~ft7 [etc~t (50I) of the patens spaces quized ~n Section 9.116(a) of this Ordinance vhen the ~et of the lot petitions the City Council and the C~t7 Council finds at a hear- ~ng on such petition that: The proposed use designed at maxiuma capacity does not varrant the strict parking requiresents of this section; and ii) The reduction in required off-street parking spaces~rlll 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 ~rlthout such contractual parking pe~it; and iv) The use of the property does not include the sale of ~ntoxi- caring liquors; and Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a pe~it fee set by Resolution of the Council; in the absence of a Resolution set- ting such fee, the application fee shall be $300.00; and · he ~etitioner is the o~mer of good and marketable title to all of the property to ~hich the contractual parking permit tmu~d apply. O~erahlp of the property shall be deter=tried by the City Atto~ey ~ased ~on an abstract of title or registered proper~ a~stract certified to the current date and supplied to tbs C~ty Atto~ey at pet~ti~erVa ~ense no later than f~fteen (15) days prior to the hear~n~ on the petit~. vii) If the petition is granted by the City Council, the contractual parking persdt ~ay be issued only after the following conditions have been~et: 1) Tbs mmer or o~ers and all lie~ho~ders of record shall ~o~n ~ executing the contractual parking per.it vhich docu- sent shall be ~ a for~ recordable in the office of the Anoka County ~ecorder. The document shall provide that the rights therein granted to the petitioner by the City Council are not transferable or asslSnable to the petit~oner's heirs, successors or assigns, to any other person, persons, businesses, corpora- ttons or to any other entity or entities. Regular Council Meeting July 25, 1983 page 18 (u) (v) The document shall specify that the contractual parking permit shall be valid onl~ for the ~xact use of the property specified in the pez~it and that the pe~ shall be void in the ~ven~ the use of the per~y is changed or intensified regardless of the ~o~ of off- s~ree~ parkin~ required for the chanied or ~t~sified use. Such doc~en~ shall be ~ ~he'fo~ of · covenan~ ~~th the real proper~ affected ~hereby. 2) Uses permitted by · contractual parking permit shall not con-- stitu~e non-conforming uses within the neaning of the Columbia Beights Zoning Code. 3) A contractual parking permit my be discharged by the mener of the property by ~rritten notice which shall he in.a form re- cordable in the office of the Anoka County Recorder and which fo~ shall be properly executed by the ~ar or ~ers and ~11 lienholders of record and delivered to the City Clerk. 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 becoming invalid, dis- 'charsed, 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 cr/mtnal aan~ tions therein contained. 6) The covenant referred to herein shall contain provisions al- lo,ring the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to allow the City to obtain such legal end equitable re- lief as s Court of competent ~uriadiction~ay provide. ~he cove- nant shall further provide that the said mmer or mmers execut- ing the contract shall pay all attorneys' fees, court costa, and administrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and ·ny'contractual parking permit issued hereunder shall automatically expire twenty five (25) years after the date of filing of the said covenant in the office of the County Recorder. Banks, Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor exta (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 squar~ feet (net). Undertaking 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 space for each two hundred fifty (250) square feet of floor ·rea not' used for seating. Furniture Store, Appliance Store~ lFholesale and Warehouse: 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 1,000 square feet over 6,000 square feet. Regular Council Meeting July 25, 1983 page ! 9 (x) Open Sales Lots~ Lunber Yards, Auto Sales: One (1) park~g space for each two thousand (2,000) square feet of la~d up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (&,000) square feet of land up to a parcel of 24,000 square feet plus one (1) parking space for each s~ thoualn~ (6,000) square feet thereafter. (y) Auto Repairt Boat and Harina Sales, Garden Storet Trade Service Shops: Four (a) parking spaces plus one (1) for each elght hundred (800) square feet of floor area over the first 1,O00 square feet. (z) ~kate, Dance Rallst ~in~ature Golf, Private Clubs, Zc~ Arenas end Other Recreation Centers: Ten (10) ~arking spaces plus one (1) addi- t~onal space for each tva hundred (200) square feet of floor area (net). (aa) Nanufactur~nR, Fabricating or Processt~S of a Product or Natertal= Four (4) off-street parking spaces plus one (1) for each four hun- dred (400) square feet of floor area shall hereafter read es follows, to-~it: · 9.116(a) Recjulred Off-Street Parkin~ Calculatln~ Spaces: then determinlng the number of offestreet parking spaces required results in · fraction, each fraction of one-half (J) or more shall constitute another space. .Garage or Carport: A garage or carport shall be considered a parking space. However, a build|ns permit shall not be granted to convert · garage or carport to living space unless other acceptable provisions are mode to provide the required parking space. · (c) Single Family Owelllng: At least two (2) parking spaces, one of which shall be a garage. T~o Family Dwelling: At least two (2) parking spaces per dwi]ling unit, one of which shall be a garage. (el (g) (h) Roomlng House: At least two (2) parking spaces for each three (3) persons fore,ch acccramodations are provided for sleeping. Kultlple D~elllng: At least two (2) parking spaces for each dwelling in the R-3 District, I.~ in the R-~ District, and I in all "fl" Districts, o~e of ~Jch shall ~ 8 garage. floral: At least 1 parking space for each rental court provided in the design of the building. ~otel: At least one (Il space ~or each dwelling unit or lodging room, plus one (I) additional space for each eight units. School~ Elementary mad Junior Hlqh: At least one (!) pmrklng space for each class room plus one (I) mddltlonal space for each 300 student capacity. Ragu]ar Council Meeting July 25, ]983 page 20 (J) (k) (1) (n) Schoolt High ~chool through College: At least one (I) parking space for each seven (7) students based on the design capacity, plus one (I) additional space for each two (2) class rooms. £hurch, £1ubs: At least one (Il parking space for each three and one-half {3~) seats based on the design capacity of the nmln assembly hal1. Theatre~ Ballflel. d, Stadium: At least one (Il 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. Sanitartu~, Convalescent Nome~ Rest Home~ Nursing Ho~e or Insti- tution: At least one (1) parking space for each s/x (6) beds for which scco~odattons are offered, plus one (1) additional space for each fifteen (15) beds. (o) Ne/ica1 or Dental Clinic or Veterinary Office: At least three (3) park/nE spaces for each staff doctor or dentist accord/nE to de- sign capacity. (p) prepared Food Establish~ents: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building ~x- cept an area equal to four (4) square feet for each seat provided. (q) Prepared Food Deliverz Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building of the Prepared Food Delivery Establishment as such establish- ment is deflned in Section 9.103(63). (s) (t) ~o~ltn~ Alle~: At 2east five (5) park/ag spaces for each alley, plus additional spaces as ~-y be required herein for related uses such as a restaurant. Notor Fuel Stations: At /east s/x (6) pa~ktng spaces plus two (2) off-street parking spaces for each service stall. Eetail SCore or Service Shop: At least one (1) off-street parking space for each tvo hundred (200) square feet of floor ~rea (net). ~esCeurant, Cafe~ ~ar, Tavernt Wight CZuh: At least one (1) space for each t~ree (3) seats based on capacity design or where there ~o design la, out. one (1) s~ace for each thirty-five (35) square feet of gross floor area. Provided, however, the City Counctl~ay by afftt-mative vote grant a contractual parking per, it reducing the off-street parking ~equir~eut for a structure ~istiu{ ou AuSust 8, ~977 by not ~ore than fifty perc~t (50~) of the par~ns quirtt iu $ection 9.116(I) of this Ordnance vhen the ~er of the lot parities ~e City Council ~nd ~he City Co~cil f~ds ~t ~ hear- ins on such petition that: Regular Council Heating J~iy 25, 1983 page 21 The proposed use desi~ned at ~ax~ua capacity does not warrant the strict parking requirements of this section; and ii) The reduction in required off-street parking spaces will not cost an additional burden on other lots or on on-street park- ~ng spaces; and The lot size ia not large enough to allow the highest and best use of the property without such contractual parking perndt; and The use of the property does not include the sale of intoxi- cating liquors; and Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a peruit fee set by Resolution of the Council; in the absence of · Resolution set- ting such fee, the application fee shall be $300.00; end vi) vii) The ~etittoner is the owner of good and uarketable title to all of the property to which the contractual parking perelt would apply. Ownership of the property shall be determined by the City Attorney based upon an abstract of title or registered property abstract certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to the hearing on the petition. If the petition is granted by the City Cotmcil, the contractual parking permitnay be issued only after the following conditions have been met: l) The o~ner or o~ners and all lienbolders of record shall loin in executing the contractual parking permit which docu- ment shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the xights therein granted to the petitioner by the City Council are not transferable or assiL, nable to the petitioner's heirs, successors or assiEns, to a~ry other person, persons, businesses, corpora- tions or to any other entity or entities. The document shall specif~ that the contractual l~rking permit shall be valid only for the exact use of the properW specified in the permit and that the permit shall be void in the event the use of the pro- perry is changed or intensified regardless of the amount of off- street parking required for the changed or intensified use. Such document shall be in the form of a covenant running with the real property affected thereby. 2) ~ses lereitte6 b7 a contractual ~arktng perait shall not con-- etitute non-confor~in~ ~ses ~thtn tbe~anin~ of the Colchis ~eightl Zoni~ C~e. 3) A contractual parking pernit nay be discharged by the owner of the property by vritten notice which shall be in a form re- cordable in the office of the Anoka County Recorder and which form shall he properly executed by the o~ner or owners and all lienholders of record end delivered to the City Clerk. Regular Council Meeting July 25, 1983 page 22 &) The contractual parking permit shall lapse upon the use of the property affected for purposes of serving alcoholic bevera~ 5) Upon the contractual parking permit becondng invalid, 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 al- lowing the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to allo~ the City to obtain such legal and equitable re- lief as a Court of competent ~urisdiction~ay provide. The cove- nant shall further provide that the said owner or owners execut- ing the contract shall pay all attorneys' fees, court costs, and ad~inistrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and any contractual parking per. it issued hereunder shall autonmtically expire twenty five (25) years after the date of filing of the said covenant in the office of the County Recorder. (v) (~) (x) }anks~,pffices and/or ~ublic Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (l) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). Undertaking Establishments: One (1) parking space for each fiVe (5) aea£s or thirty five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each two hundred fifty (250) square feet of floor area not used for seating. ~urnit~re Store, Ap~liance Store~ ~holesale and ~arehouse: 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 1,000 square feet over 6,000 square feet. (y) ~Open Sales Lots~ Lu~ber Yards, Auto Sales:...One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 2~,000 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. Auto Repair.~ Bgat and Nartna Sales, Carden Store, Trade Service Shops: Four (~) 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, Ninisture Coif, Private Clu~s~ lee Arenas and O Other Recreation Centers: Ten (10) parking spaces plus one (1) addi- tional space for each t~o hundred (200) square feet of floor area (net). Regular Council Meeting July 25, 1983 page 23 (bb) ManufaccurLn~, YabrLcat~n~ or Process~n~ of · Product or if atari·l: Four (4) off-street park~nB ·paces plus one (Z) for each four hun- dred (&O0) square feec of floor area (Brass). SectLon 3: Section 9.113(2) of Ordinance No. 853, City Code of 1977, passed June whLch reads as follows, 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the followlng uses except by'conditions1 use permit. (aB Accessory buildings. (bi i)weJJing units provided. (cB The units do not access the first floor, and Access to dwellings is on excluslve entrance (dB Off-street parking lots subject to Section 9.116(2). (e) Public utility structures which shs11 conform to the ysrd requirements and architectural style of the neighborhood. (fi Open soles lots sub~ect to Section (g) fl·tar fuel stations (minor) subject to Section 9.117. (hi Restaurant, cafe, tea room, bmr, prepared food outlets sub~ect t6 Sectlong.ll6(3~). (t) Drive-in businesses subject to the following requirements: 1) Hours of operation shall be confined to the period between 10:00 a.m. and I:O0 a.m. for those serving food or drink. The entire oreo shall hove I drainage system approved by the City Englneer. ttt) The entire ·rea other than that eccupled by the structure or plantin9 shall be surfaced wlth · material which w111 cofltrol dust and drainage to,he approval of t~e City Engineer. rev) A box curb it least slx (&) Inches above grade shill separate the'p~bllc walk from the lot except at approved entrances or exits. The Iightlng shall be accomplished in such · way IS to hive no direct source of light visible from the public right-of- way or adjacent load In resldentlol use. (~) Arcades Regular Council Meeting July 25, 1983 page 24 shall hereafter read as follovs, to-vii: g.213(2) £onditional Uses Within any "RB" Business District, no strUcture or land shall be used for the followin~ uses except by condltionsl use permit. (c) Accessory buildings. Dwelling units provided. The units do not ·cc·ss the first floor, md Access to dwellings is an exclusive entrance (d) Off-street parking lots subject to Sectlong.ll6(2). Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (£) Open sales lots subject to Section (gl Motor fuel stations (minor) subject to Section 9.117. Restaurant, cafe, tea room, bmr, prepared food outlets subject tO Section 9.116(L5) and Prepared Food Delivery Establish- ments as such establishments are defined :L~ Section ~.103(63). (ii Drive-in businesses subject to the following requirements: Hours of operation shall be confined to the period between 10:00 a.m. and I:O0 a.m. for those serving food or drink. The entire ·rea shall have · drainage system approved by the City Englneer. iii) The entire ·rea other than that occupied by the structure or planting shall be surfaced wlth · material ~d~Ich will control dust and drainage to the approval of'the City Engineer. iv) A box curb st least'slx (6) Inches above grade shall separate the publlc walk front he lot except et approved entrances or exits. The lighting shall be accomplished In such · way es to have no direct source of light visible from the pubilc right-of- way or adjacent land In resldentl·l use. Arcades Section 4: Section 9.116(15) of Ordinance No. 853. Cit7 Code of 1977, passed June 21, 1977 ~hich reads as follovs, to-vit: Regular Council Meeting July 25, 1983 page 25 16(15) Frepared Food Outlets Food.outlet stores la the "LB" District shell be s~bJect to the follob~u~ standards: (a) The required yard abutting the public right-of-way shall be land- scaped and said landscaping shall he separated from the'surfaced part of the loc'by a curb a~x inches (6") or more ~nheight. (b) Hours of operation shall be confined to the period between lO a.m. and ! a.m., except for those sites located fifty feet (50') or more from the "R' District and fronting on a ma~or thoroughfare. (c) The entire site other than the area occupied by a building or landscaping shall be surfaced according to a grading plan approved by the City Engineer. (d) The outdoor llghtln9 system shall be so designed that no direct source of light is vislble from the public right-of-~ay or adjacent land. (e) l~hen prepared food Is served to the customer In a carry-out container, a proposed system of trash containers and trash removal from the site shall be submitted to the City for ap- prows1; said system to include the pick-up of papers and other material ~hi.ch initiated from the prepared food site that are deposited within three hundred (300) feet of the site. (f) A proposed system of Ingress, egress and packing shall be sub- mltted for approval by the City. Curb cuts shall not be permitted within fifty (SO) feet of the Intersection of the curb line on major and secondary thoroughfares. shall hereafter read as follows, to-viC: g.ll6(15) Frepared Food Outlets Food.outlet stores in the "RB" District shall be s~bJect to the follo~ng standards: (a) The required yard abutting the public right-of-way shall be land- scaped and said landscaping shall be separated from the'surfaced part of the lot'~y a curb a~x ~nches (6") ora ore :tn height. (b) Hours of operation sht~l be confined to the period between lO a.m. and 1 a.m., except for those sites located fifty feet ($0') or more from the *'~" District and fronting on a ua~or thoroughfare· The entire site other than the area occupied by a building or landscaping shall be surfaced according to I grading plan approved by the City Engineer. Regular Council Meeting July 25, 1983 page 26 (d) The outdoor lighting system shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. (el When prepared food is served to the customer In a carry-out container, a proposed system of trash containers and trash removal from the site shall be submitted to the City for approval; said system to Include the pick-up of papers and other material which initiated from the prepared food site that are deposited within three hundred (300) feet of the site. (fl A proposed sytem of ingress, egress and parking shall be submitted for ap- proval by the City. Curb cuts sha)l not be permitted within fifty (50) feet of the intersection of the curb line on major and secondary thoroughfares. (g) Sections 9.116(15)(a), (bi, (c), (d), (el, and (fl shall not apply to any Prepared Food Delivery Establishment as such establishment is defined in Section 9.103(63). Section 5: 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: July 11, 1983 July 25, 1983 July 25, 1983 Offered by: Second by: Roll call: Petkoff Hovland Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Conditional Use Permit Motion by Hovland, second by Petkoff that the City Council approve a conditional use permit subject to the revised parking ordinance requirements for prepared food estab- lishments; however, not to be effective until 30 days after the passage of Ordinance No. )047. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay b. Second reading of Ordinance No. 1048 Rezoning Certain Real Estate This ordinance would rezone the rear parking lot of the McDonald's property located on the northwest corner of 46th and Tyler. After some discussion it was determined additional information was needed. Motion by Hentges, second by Hovland to continue the public hearing and hold the second reading of Ordinance No. 1048 at the regular Council meeting on August 22, 1983. Roll call: All ayes c. First reading of Ordinance No. 1046 Amending the City Charter 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 ORDINANCE NO. 1046 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 19; CHAPTER 3, SECTION 20, CHAPTER 3, SECTION 23; CHAPTER 5, SECTION 36; CHAPTER 5, SECTION 44; CHAPTER 6. SECTION 56; CHAPTER 6~ SECTION 57; CHAPTER 7, SECTION 60; CHAPTER 7, SECTION 61; CHAPTER 7, SECTION 62; CHAPTER 7, SECTION 63; CHAPTER 7, SECTION 64; CHAPTER 7, SECTION 65; CHAPTER 7, SECTION 66; CHAPTER 7, SECTION 68; CHAPTER 7, SECTION 69; CHAPTER 7, SECTION 7l; CHAPTER l), SECTION IO5 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS. Regular Council Meeting July 25, 1983 page 27 The City of Columbia Heights does ordain: Section 1 Chapter 2, Section 19 of the Charter of the City of Columbia Heights which reade as fellers: PROCEDURE ON ORDIXANCES. The enacting clause of all ordinances by the council shall Be in the words, 'The City of Columbia Heights does ordain.' Every ordinance shall be presented in v rating. Every ordinance, other than emergency ordinances, shall have two public readings in full, except that the reading ~ay, by unanimous vote, Be dispensed vith, provided the printed text ia Bade a part of the official minutes upon passage and at .least three days shall elapse Betueen the first and second readings thereof. ~very ordinance appropriating ~oney in excess of five hundred dollars, and every ordinance and resolution authorizing the ·aking of any contract involving a liability on the part of the city in excess of five hundred dollars, shall remain on file in the office of the secretary of the council at least one week, and shall Be published at least once in the official newspaper of the city or posted on official bulletin boards in the manner provided by this charter, before its final passage except in the case of emergency ordinances or resolutions. shall be amended to read as fellers: Procedure on Ordi~aacas. The enacting clause of all ordinances by the council shall be in the verde, 'The City of Columbia Heights does ordain.' Every ordinance shall Be presented in vriting. Every ordinance, other than emergency ordinances, shall have two public readings in full, except that the reading may, by u~a~moue vote, Be dispensed vith, provided the printed text is made a part of the official minutes upon passage an~ at least three days shall elapse Between the first ax~ ascend readings thereof. Every ordinance appropriating money in excess of five hundre~ dollars, and every ordinance and reaolu%ion authorizing the Baking of ax~ contract Luvolving a liability on the part of the city in excess of five hundred dollars, shall remain on file in the office of the secretary of the council at least one reek, and shall Be published at least once in the official nevepaper of the city or posted on official Bulletin boards in the manner provided by this charter, Before its final passage except in the case of emergency ordinan- ces · Section 2 Chapter 2, Section 20 of the Charter of the City of Columbia Heights ~hich reads as foll~ve: lhergency Ordinances aaa ~eeolutiona. An emergency ordinance or resolution is an ordinance or resolution for the ~mediate preservation of the public peace, health or safety, in vhich the emergency ie defined or declared in a preamble thereto, separately voted upon, and agreed to by at least four Bambers of the council, as recorded by ayes and noes. An emergency ordinance or raso2ution ~ay be enacted vithout previous filing or puBlicatioa, lo ~rant eg a~y franchias shall be eon- · strued to .~e an emergency ordinance or resolution. shall Be amended to read as fellers: Zaer&ency Ordinaaoee. An emergency ordinance is an ordinance for the immediate preservation of the public peace, health or safety, in ~hich the emergency is defined or declared in a preamble thereto, separately voted upon, and agreed to by at least four BemBers of the council, as recorded by ayes and noes. An emergency ordinance lay Be enacted vithout previous filing or publication. No grant of a~V franchise 8hall be construed to be an emergency ordinance. Regular Council Meeting July 25, 1983 page 28 Section ~ Chapter 9, Section 29 of the Charter of the City of Columbia Heights which reads as follows: ~hen Ordinances and Eesolutiow- Take Effect. Emergency ordinances and resolutions, and ordinances and resolutions ~aking the annual tax levy, determining the annaal trmdget, and providing for local improvements and assessments, shall take effect ~--ediately upon their passage. Ail other ordinances and resolutions enacted by the council shall take effect thirty days after the date of their passage, u~less a later date is fixed therein, in which event they shall take effect as such later date. Ordinances and resolutions adopted by the electors of the city shall take effect at the time fixed therein, or, if no such time is designated therein, then thirty days after the adoption thereof. shall be amended to read as follows: ·hen Ordinances and BesolGtiome ~ake Effect. · resolution and an emergency ordinance shall take effect ~=mediately upon its passage or at such later date as is fixed therein. Every other ordinance shall take effect ~0 days after passage or at such latter date as is fixed therein. Every ordinance and resolution adopted by the voters of the city shall take effect ~mediately upon its adoption, or at such time as is fixed therein. Section 4 Chapter 5, Section ~6 of the Charter of the City of Columbia Heights which reads as follows: F~rpenditures by Petitioaer~. No ~ember of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or a~y other Parson, shall accept or offer any reeard, pecuniary or othereise, for services rendered in con- ne'ction ~ith the circulation thereof, but this shall not prevent the com- mittee from incurring an expense not to exceed ten dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provi- sions of this section shall constitute a misdemeanor. shall be amended to read as follovs: ,Expenditures by Petitioaere. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, a~ no signer of any such Paper, or any other person, shall accept or offer a~v reward, pecuniary or otherwise, for ~ervices rendered in connection ~ith the cir- culation t.hereof, but this shall ~ot prevent the c~,m~ttee from incurring an expense' not to exceed one hundred dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provisions of this sec- tion shall constitute a misdemeanor. Section 5 Chapter 5, Section 44 of the Charter of the City of Columbia Heights which reads as follows: The Eefereadum. If prior to the date ~hen an ordinance or resolution takes affect a PatitAon signed by qualified elec- tors of the city equal in ~uzber to twenty per cent of the total vote at the last regular municipal election be filed vith the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to vhich objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the ~easure as passed. Regular Council Meeting July 25, 1983 page 29 the latter case the council shall i~mediately order a special lunicipal election to be held thereon within not leas than thirty not,ore than forty-five days from the action of the council calling it. If · ~aJority of the voters voting thereon are opposed to the masure, it shall not Become effective; but if a ~aJority of the voters voting thereon favor the measure, it shall go into effect ~m-ediately or on the date therein specified. shall Be amended to read as follows: ~he Referendua. If' prior to the date ~hen an ordinance takes effect a petition signed by qualified electors of the city equal in m~Ber to per cent of the total vote at the last regular ~u~icipal election be filed with the city clerk requesting that a~y such ~eaeare, or any part thereof, Be repealed or be submitted to a vote of the electors, the ~aid ~easure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular ~eeting, and either repeal the same, or repeal the ~ections thereof to ~hich objection has been raised by the petitioners, or by ~ye and no vote reaffirm its adherence to the measure as passed. In the latter case the council Ihall immediately order a special municipal election to Be ~eld thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a ~aJority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a ~aJority of the voters voting thereon favor the measure, it shall go into effect diately or o~ the date therein specified. Section 6 Chapter 6, Section 56 of the Charter of the City of Columbia Heights which reads as follows: Purchases and Contracts. The city ~anager shall Be chief purchasing ·gent of the city. All purchases on behalf of ~he city shall be made, and all contracts let by the city ~anager subject to the approval of the council., whenever the amount of such purchases or contract exceeds $500.00. All contracts, bonds and instruments of every kind to which the city shall be a party shall be signed by the ~ayor on behalf of the city a~. well as by the city ~anager, and shall be executed in the ~ame of the city. shall be amended to read as follows: Purchases a~d Contracts. The city ~anager shall be chief purchasing agent of the city. Ail purchases o~ behalf of the city shall be all contracts let by the city manager subject to the approval of the coun- cil, whenever the amount of such purchases or oo~tract exceeds $1 ,O00.00. All contracts, Bonds and instruments ~f every kind to ~hich the city shall be a party shall be signed by the myer on Behalf of the city as well as by the city zmnager, and shall be executed in the u-e of the city. Section ~ Chapter ~, Section 57 of the Charter of the City of Columbia Heights which reads as foll~s: Contracts, ~ow ~et. In all cases of work to be done by contract, or of the purchase of property of a~ kind, ~here the amount exceeds $~00, But does not exceed $1,000.00, the City ~-ager' shall receive the approval of the Council. ~here the amount involved ia ~ore than One Thousand ($~,000.00) Dollars, unless the Council shall by an emergency ordinance otherwise provide, the city manager shall advertise for Bids in such manner as may be dasignate~ by the council. Regular Council ~4eeting July 25, 1983 page 30 Contracts of this magnitude shall be let only by the Council upon the recommendation of the city manager, and shall be let to the lowest responsible bidder. The Council may, however, reject any and all bids. Nothing contained in this section shall prevent the Council from contracting by four-fifths vote for the doing of work with patented processes, or from the l~trchasing of patente,~ appliances, l~Arther regulations for the making of bids and the letting of contracts shall be made by ordinance. shall be amended to read as follows: Contracts, How Let. If the work to be done or property of a~y kind to be purchased is est~--ted to exceed $10,O00.O0 the city ~hall a~vertise for sealed bids in such manner as may be designated by the city council. Con- tracts of this magnitude shall be let o~ly by the city council and shall go to the l~west responsible bidder. The city council may elect to reject any and all bids. If the amount of the contract is estimated to exceed $5,000.00 but not exceed $10,O00.00 the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or ~ore eritten quotations cc~plying with the requirements of competitive bidding. If the amount of the contract is estimated to be $5,000.OO or less the contract may be made either upon quotation or in the open market by discretion of the city council; hut, so far as practicable, shall be based upon at least two written quotations. Ail written quotations shall be kept on file for a period of at least one year after receipt. Nothing contained in this sec- tion shall prevent the city council by a four-fifths vote from doing work with a patented process or from purchasing a patented appliance, l~urther regulations for making the bids ax~ letting of contracts shall be made by ordinance. Section 8 Chapter ?, Section 60 of the Charter of the City of Columbia Heights which reads as follows: Assessment for Taxation. Except as herein other- wise provided, the general laws of the state relating to taxation shall apply in this city. The council shall regulate by ordinance the mathod of making assessments and shall require fair valuations to Be made. shall be amended to read as follows: Taxation. Except as provided in this charter, the general laws of the state relating to taxation shall apply in this city. Section 9 Chapter 7, Section 61 of the Charter of the City of Columbia Heights which reads as follows: Board of Equslisation. The council shall consti- tute a board of equalization ~ shall meet as such in the usual place for holding council meetings on the last ~onday in June to equalize the assess- ments according to law. shall be amende~l to read as follows: Board of ~qualisation. The council shall constitute a board of equali- zation and shall annaally meet as such in the usual place for holding coun- cil meetings at a time set by the council to equalize assessments according to law. Regular Council Meeting July 25, 1983 page 31 Section 10 Chapter ?, Section 62 of the Charter of the City of Columbia Heights which reads as follows: Preparation of the Aaaual ~dget. The city manager shall prepare the estimates for the anneal budget. The estimates of expenditures shall be arranged for each department or division of the city u~der the following heeds: (1) Ordinary expanses (for operation, maintenance, and repairs); and (2) Capital outlays (for nee construction, new equipment, and all improvements of a lasting character). Ordinary expenses shall be au~divided into: (a) Salaries, with a 3.1et of all salaried offices and positions, ~ith the ~alary allowance an~ the =amber of persons holding each; (b) Yages; (c) Printing, advertising, telephone, telegraph, express charges, and other like its=s; (g) Supplies an~ r~pairs, vith ~afficient detail to .be readily understood. All increases and decreases shall be clearly ~bo~. l~ parallel columns shall be added the amounts granted an~ the a~ounts expended under similar heads for the past tvo completed fiscal years and, as far as possible, for the c~x~nt year. In addition to the estimates of expenditures, the estimates shall include a statement of the revenues vhich have accrued for the past two c~npleted fiscal years, with the amounts collected and the uncollected balances, together ~ith the same information as far as possible for the current fiscal year, and an estimate of the revenues for the ensuing fiscal year. The statement of revenues for each year shall specify the following items: Sums derived from (a) taxation, (b) fees, (c) fines, (d) interest, (e) miscellaneous, not included in the foregoing, (f) sales and ~entals, (g) operation of the public utilities, (h) special assessments, and (l) sales of bonds and other obligation. Such estimates shall be in typeerittimg, and there shall be at least ten copies, one, for each member of the council, one for the city manager, one for the city clerk, and three at least to be posted in:public places in the city. The ast~m-tes shall be submitted to the council at its regular monthly meeting in August, and shall be mede public. The city manager may submit with the estimates such explanatory statement or statements as he may deem necessary, and during the first three years under this charter he shall be authorized to interpret the requirements cf this section as requiring only such comparisons of the city's finances ~ith those of the Village of Columbia Heights as ~ay be feasible and pertinent. shall be amended to read as follows: Preparation of the ~dget. The city manager shall prepare the esti- mates for the anmAal budget. The proposed budget shall Be consistent ~ith generally accepted accounting principles and shall contain estimates of revenue, i%emi-.ed esti~atea of expenditures for both the current fiscal year and the ensuing fiscal year, comparisons ,ith the revenues and amounts expended for the ~ast ~o cc~pleted fiscal years, and such other inffor- marion as the council may require. At a regular council meeting in August, the city manager shall present the budget along with a budget message ~hich may highlight the important features of She budget a~d may contain such explanatory statements as the city manager shall deem necessary. Section 11 Chapter V, Section 6~ of the Charter of the City of Columbia Heights which reads as follows: Passage of the Badger. The budget shall be the principal item of business at the regular monthly meeting of the council August, and the council shall hold adjourned meetings fro~ time to time until all the estimates have been considered. Regular Council Meeting July 25, 1983 . page 32 The ~eetin& shall be ~o coa- ducted as to give interested citizens a reasonable amount of ti~e in ~hich to be heard, and an opportunity to ask questions as ~ay sse.~ pertinent to them. ~he budget estimates shall be read in full, and the city ~anager shall explain the various items thereof as fully as ~ay be deemed necessary by the council. The annual budget finally agreed upon shall be a resolu- tion setting forth in detail the creplete financial project of the city for the ensuing fiscal year. It shall indicate the s,,-a to be raised and froe what sources, and the sums to be spent and for what purposes according to the plan indicate~ in section 69. The total sum appropriated shall be less than the total estimated revenue by a safe eargLu. The council shall adopt the budget resolution not later than the 1at day in October. shall be emended to read as follows: Passage of the ~udget. After presentation of the budget, the council may hold meetings fr~m time to time to consider the estimates contained therein. Prior to adoption of the budget the council shall designate one meeting as a public hearing at which interested citizens ~ill be given an opportunity to question and comment on the budget estimates. The anmual budget finally agreed upon shall be adopted by resolution of the council and shall constitute a financial plan for the city for the ensuing fiscal year. The total expenditures appropriated in the budget resolution shall not exceed the estimated revenues available from various sources. The council s~all adopt the budget resolution for the ensuing fiscal year not later than' the lOth day of October or such other date as may be fixed by state law. Section 12 Chapter 7, Section 64 of the Charter of the City of Columbia Heights which reads as follows: ~nforceaent cf the Badger. It shall be the duty of the city manager to enforce strictly the provisions of the budget. He shall not approve any warrant upon the city treasurer for any expenditure unless an appropriation has been made in the Budget, nor for azL7 expen- diture covered by the budget unless there is a sufficient unexpended balance left after deducting the total Pest expenditures a,a the aura of all outstanding warrants. No officer or employee of the city shall place any orders or make any purchases except for the purposes and amounts authorized in the budget. Any obligation i~curred by any Person in the employ of the city for any purpose not authorized or for any amount in excess of the amount therein authorized shall Be a personal obligation upon-the person incurring the expenditure. shall be amended to read as follows: · xforceaent of the Budget. The city manager shall strictly enforce the budget. No expenditures say be ~ade unless sufficient funds have been budgeted therefor. Any obligations incurred by ax~v person in the employ of the city for any purpose not authorised or for any amount for which no money exists within the proper fund shall be a personal obligation upon the person incurring the expenditure. Section 13 Chapter 7, Section 65 of the Charter of the City of Columbia Heights which reads as follows: Alteretiens in the Budget. After the budget shall have been duly adopted, the council shall not have power to increase the amounts therein fixed, whether by the ~-aertion of new items or otherelae, beyond the estimated revenues, u~less the actual receipts shall exceed such estimates, and in that event not beyond such actual receipts. Regular Council I~eeting July 25, ]983 page 33 The fixed in the budget shall be and become appropriated after the beginning of the fiscal year for the several purposes ~-med therei~ and no other. The council way at any time by a resolution ~assed by a four-fifths vote, reduce salaries or the auras appropriated for any other purposes, or authorize the tr-~fer of sums free t~expended balances to other purposes. shall be amended to read as follows: llodifieatioaa in the Budget. After the budget shall have been adopted, the council shall not have the power to increase the amounts appropriated to the various funds, whether by insertion of new itees or otherwise, beyond the estimated revenues, unless the actual receipts shall exceed ~uch estimates, and in that event not beyond actual receipts. The ~,~- fixed in the budget shall be appropriated after the beginning of the fiscal 7ear for the funds therein designated and no other. After passage of the budget, the council ~ay at any time by four-fifths vote, trassfer e,,~- appropriated free one fund to another fund or tr-~fer e-m- from the undesignated equity, subject to the limitations contained in the charter. Section 14 Chapter V, Section 66 of the Charter of the City of Columbia Reights which reads as follows: Levy amd Collection of Taxes. On or before the 1at of October each year the council shall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year, subject to the limitations of this charter. The city clerk shall transmit to the county auditor an~Aally, not later than the lOth of October, a statement of all taxes levied, and such taxes shall be collected and the payment thereof be inforced with ,~a iu like ~anner as state m~a co~uty taxes. No tax shall be invalid by reason of any informality in the ~an~er of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purposes for ~hich the same ia levied, but in case the surplus shall go into the fund to which such tax belongs. The twenty-five mill tax limit prescribed in Section T7~5, general Status of 191~, shall not apply to this city. shall be amended to read as follows: Imvy amd Collection of ~axes. The city clerk shall transmit to the county auditor annually, not later than October 10 or such other date as · ay Be fixed by state law, the budget resolution, ~hich shall indicate the amount of taxes $o be levied. Such taxes shall be collected a~a payment thereof shall ~e enforced in accordance with this charter a~ applicable state law. lgo tax shall Be invalid by reason of any ~*ormality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special pur- pose for which the ease is levie~, but in auch case the excess shall go into the fund to which such tax belongs. Section 15 Chapter ?, Section 68 of the Charter of the City of Columbia Heights which reade as lollers: ])AaburaeBenta, How lade. Ail disbursements shall be made only upon the order of the naMor ax~ city aanager, duly authorized by a resolution of the council and every ouch resolution and order shall apecif2 the purpose for which the disbursement is made, and indicate that it is to be paid out of the proper fund. Regular Council Meeting July 25, 1983 page 34 Each such order a~all be payable to the order-of the person in whose favor it is draen. ~At no such order shall ~e issued until there is money sufficient to pay the ~ame to the credit of the fund out of which it is to Be paid, together ~ith all then outstanding orders against such fund. Any order or resolution for the payment of aoney violating any provision of this section shall be void, any officer of the city violating any provision of this section .hall be personally responsible for the amount of such payment, if a~y such payment is made contrary to the provisions hereof. ~o contract requiring the payment of money by the city shall be valid unless the particular fund out of which the same is to be paid is specified in such contract. Ho claim against the city shall be allowed unless accompanied by an itemized bill and voucher, pay roll, or time sheet signed by the responsible officer ~ho has personal Mnowledge of the facts in the case and vouches for the correctnes, s and reasonableness of the claim. shall be amended to read as folloes: Payment of Bills, How ~ade. Ail payment of bills shall be made only upon the order of the mayor and city manager, duly authorized by the coun- cil. The payment order shall specify the fund from which payment is made, and that such order ~ay only be paid out of the proper fund. ~o claim for payment against the city shall be allowed by the council unless such claim had been accompanied by a statement of a responsible officer of the city indicating the correctness and reasonableness of the claim or unless the city council finds that the subject bill is a valid claim against the city. Any order or resolution for payment of money violating any provision of this section shall be voi.~, and the officer of the city violating any pro- vision of this section shall Be personally responsible for the amount of such payment. Section 16 Chapter 7, Section 69 of the Charter of the City of Columbia Heights which reads as follows: Funds to Be Xept. There shall Be maintained is the city treasury the following funds for the support of which the council may levy an annual tax: (a) A sinking fund for the purpose, or payment when due, of a~v bonds or any other debt of the city and to pay the interest on all bonds and other obligations of the city. The council shall levy an ann~al tax suf- ficient to meet all obligations against this fund when due, unless other- wise provided for. (b) A public utility fund or funds for the acquisition, construction, extention, maintenance, and operation of any public utility owned or operated by the city, including the payment of the interest on any bonds or other indebtedness which My be a lien upon such utility. There shall Be paid into this fund all moneys derived from the asle of bonds issued on account of any utility, and from the operation of such utility, an~ fro~ the sale of any property acquired for or used in connection with any such utility. There shall be paid out of this fund the cost of the purchase, construction, extension, operation, maintenance and repair of such utility, including the interest upon all bonds or other indebtedness which may be a lien upon such utility. Any surplus in said fund may Be used for the purchase of any bonds or certificates of indebtedness issued against said utility, and for the payment of such bonds or other indebtedness upon their maturity. Separate funds and accounts shall Be kept for each such utility operated separately, and in case two or ~ore utilities are operated together the funds and accounts shall be kept separately as far as prac- ticable. Regular Council Heetlng July 25, 1983 page 35 (c) A &eneral t~md for the ~apport of such other t~ads m~! for tbs payment of such expenses of the city u the council ~ay deem proper. Into this fund shall be paid all moneys not herein provided to be l~id into other fund. (d) A'permanent improvement fund, into ~hich fund shall be paid all moneys received from the sale of certificates of Indebtedness issued for the purpose of creating or maintaining such fund; also all ~oneye received from the sale of Certificates of Indebtedness issued to-anticipate the playment of special assessments; also all ~oneys received frc~ the prooeede of assessments levied for lo~a~ improvements. shall be amended to read as follows: Ym~ds to be rapt. There shall be maintained in the city treasury the following funds flor the support of ~hich the council ~y levy taxes, sell bonds, issue certificates of indebtedness, or othereise collect revenues as is provided by law, to-vit: (a) A debt service fund for the purpose of payment when due of rely bonds or any other debt of the city and to pay the interest on all bonds and other obligations of the city. The council shall levy an anmAal tax sufficient to ~eet all obligations against this fund when due, unless otherwise provided flor. (b) A public utility fund or funds for the acquisition, construction, extention, maintenance, and operation of any public utility owned or operated by the city, including the payment of the interest on any bonds or other indebtedness which may be a lien upon such utility. There shall be paid into this fund all moneys derived from the sale of bonds issued on account of any utility, and from the operation of such utility, and from the sale of any property acquired for or used in connection with ax~ such utility. There shall be paid out of this fund the cost of the purchase, construction, extension, operation, maintenance a~a repair of such utility, including the interest upon all bonds or other indebtedness which may be a lien upon such utility. Any surplus in said fund s~y be used for the purchase of any bonds or certificates of indebtedness issued against said utility, and for the payment of such bonds or other indebtedness upon their maturity. Separate funds and accomuts shall be kept for each such utility operated separately, ax~ in sase t~o or ~ore utilities are operated together the funds and accounts shell be kept separately as far as prac- ticable. (c) A general operati~g fund which shall contain an undesignated equity into which shall be pai~ all ~ey~ n~t herein provided to be paid into any other fund. (d) A special asses~eent fund, i~to ~icb fun~ shall be paid all ~oneys received from ~me sale of certificates of indebtedness issued for the pur- pose of creating or maintaining such fund; also all moneys received from the sale cf Certificates of Indebtedness issued to anticipate the payment of special assessments; also all moneys received from the proceeds of assessments levied for local improvements. (e) Such other funds the council may create at az~ time, subject to the limit~.tions cfi this charter. I~egular Council Meeting July 25, 1983 page 36 Section ~7 Chapter 7, Section 7 1 of the Charter of the City of Columbia Heights which reads as follows: Accounts and ~eports. The city ~anager shall Be the chief accounting officer of the city and of every branch thereof, and the council may prescribe and enforce proper accounting aethods, forms, blanks, and other devices consistent with the law, this charter, an~ the ordinances in accord with it. He shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds, the amount spent or chargeable against each of the annual budget allowances and the balance left in each, and such other information relative to the finances of the city as the council require. Once each year, on or Before the last day of Janaary, the city manager shall submit a report to the council oovering the entire financial operations of the city for the pest year. This report shall show the actual total receipts and actual total expenditures, omitting duplications, and stating the cash balance at the beginning of the last fiscal year and at the close; the total outlays for operation and maintenance, and the total capital outlays; the conditions of each of the funds; the total receipts by sources and the total expenditures by general purposes; the total outstanding bonds and debts of the city, when due, the amount of new bonds issued and the amount redeemed, the interest rate of each; the con- dition of all the ann~al budget allowances; and an inventory of all the property owned by the city; and such further information as the council and other city officials and the taxpayers should kmow. shall be amended to read as follows: Accounts and Reports. The city manager shall be the chief accounting officer of the city. The council may enforce the obligation of the city manager to use generally accepted accounting principles in all accou~t~ng obligations in this chapter. Such obligation shall include a thorough monthly report and an annual report covering the entire fins~cial operation of the city for the pest year ~hich the city ~anager must provide to the council on or before ~arch ~O of each year. The a~,,al report shall include a camparison of actual expenditures and actual revenues for each fund, divided into such categories as the budget presented by the city m~nager for the subject fiscal year, along with such additional ~*ormation as required by the council. Section 18 Chapter 11, Section 105 of the Charter of the City of Columbia Heights which reads as follows: City to Pay for Services. The council shall ~ake a reasonable charge, ~ed on the cost of service, for lighting the streets and public buildings, or for supplying heat, power, or any other utility, and a reasonable hydrant rental and other charges for supplying the city with water, and shall credit the ~a~e to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services, shall be collected in the same manner as from other consumers, unless the council provides some other plan. shall ~e amended to read as foll~s: City to Pay for Services. The council shall ~ake a reasonable charge, based on the cost of service, for lighting the streets and public build- ings, or for supplying heat, power, or any other utility services, -~ shall credit the same to the publicly owned utility supplying the service. Such charges for light, heat, power, ~ater and other services, shall be collected in the same manner aa from other consumers, unless the co~mcil provides some other plan. Regular Council Meeting July 25, 1983 page 37 Section 19: This ordinance shall be in full force and effect from and after 90 days after its passage. First reading: July 25, 1983 d. First reading of Ordinance No. 10q9 Rezoning of Certain Real Estate Motion by Hentges, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The properties addressed in Ordinance No. IOq9 are located at ~147, 4151, and 4159 Central Avenue In addition to a portion of 936 42nd Avenue. The second reading and pub- 1lc hearing of this ordinance is scheduled for August 22, 1983. ORDINANCE NO. 1049 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain:' Section 1: That the real property legally described as: Lots 16 through 19, Block 4, Reservoir Hills, Anoka County, Minnesota which is currently zoned "LB", Limited Business District, shall hereafter be rezoned I'CBD" Central Business District. Section 2: That the real property legally described as: The West 7 feet of the north 140 feet of Lot 15, Block 4, Reservoir Hills, and the south 10 feet of the north 150 feet of the west 85 feet of Lot 15, Block 4, Reservoir Hills, Anoka County, Minnesota which is currently zoned "R-2'~, Two-Family Residential Oistrlct shall here- after be rezoned "CBD" Central Business District. Section 3:The Zoning Map of the City of Columbia Heights Is herewith amended in accord- ance with this Ordinance. Section 4:This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: July 25, 1963 e. Resolution 83-36 Lot Split 936 42nd 4venue Notion by Hentges, second by Hoviand to waive the reading of the resolution there being an~le copies available to the public. Roll call: All ayes R£SOLUTION 83-36 SUBDIVISION REI~4JEST I, Mary M. Kordiak, hereby request a sp)it of PLAT 3~416 PARCEL 4890 ~£Y 286826 PiN 36 30 24 23 0097 Legally described as: The North 150' of the West 85' of Lot 15, Block 4, Reservoir Hills (Except the N. 5' for road easement), Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The North 140' of the West 85' of Lot 15, Block 4, Reservoir Hills (except the N.5' for road) (except the West 7'), Anoka County, Minnesota Regular Council Meeting July 25, 1983 page 38 2. The West 7' of the North 140' of the West 85' of Lot 15 and the South 10' of the North 150' of the West 85' of Lot 15, Block 4, (Except the N. 5' for road), Reservoir Hills. (TO BE COMBINED WITH PIN 36 30 24 23 0099, OlO0, OIO1, and O312). All in Anoka County, Minnesota. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, In the amount of $ - 0 - be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. PLANNING & ZONING DEPT. ACTION: This 19th day of July, 1983 Offered by: Hovland Second by: Markow Roll call: All ayes Mary M. Kordiak Signature of Owner, Notarized 936 42nd Avenue N.E. Col. Hts. Owner's Address ,L~Roy Goranson Zoning Officer Subscribed and sworn to before me this 29th day of July, 1983 CITY COUNCIL ACTION: Tamara D. Barney Notary Public APPROVED This 25th day of July, 1983. Offered by: Hentges Second by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary f. Resolution 83-37 Encumbering State Aid Funds from 1984 Allotment Regarding Res- ervoir Boulevard Extension Motion by Hentges, second by Norberg to waive the reading of the resolution there being ample copies available to the public. Roll ca)l: All ayes RESOLUTION 83-37 WHEREAS, the City of Columb~a Heights has obtained the Commissioner's approval of the plans for the following Municipal State-Aid Street Project: S.A.P. No. 113-))6-02 M.S.A.S. Wo. 113-116-O2 Reservoir Blvd., 44-46; 46th Ave., Reservoir Blvd.-Fillmore; Fillmore Street, 46-47 Consisting of construction of grading, base, stormdrain, C & G, and bituminous surfacing. Regular Counci! Meeting July 25, 1983 page 39 AND WHEREAS, Said (City) is prepared to proceed with the construction of said project by providing loca! funds to supplement the available funds In its Municipal State-Aid Street Account. WHEREAS, repayment of the funds so advanced by the municipality is desired in accord- ance with the provisions of Minnesota Statutes )6Z.14, Subdivision 6. NOW, THERFORE, BE IT RESOLVED: That the Commissioner of Highways be and is hereby requested to approve this basis for financing said construction project and to author- ize repayments from the subsequent accruals to the Construction Account of Municipal State-Aid Street Fund for said (City), within the limitations provided by law and at the times and in the amounts herein indicated (not to exceed five years). On or after Feb. 1, 1983-$100,OOO. 00 from 1984 Allotment. Passed this 25th day of July, 1983. Offered by: Norberg Second by: Hentges Roll call: All ayes Bruce G. Nawrocki, Mayor I, William Elrite duly appointed and qualified Clerk In and for the (City) of Columbia Heights, State of Minnesota, do hereby certify that the above is a true and full copy of a resolution duly adopted by the (City) Councll assembled In (regular) session on the 25th day of July, 1983. City Clerk (City of Columbia Heights) Communications a. Planning and Zoning Commission 1. VFW Post 230 Variance and Site Plan The VFW Post 230 appeared before the Planning & Zoning Commission requesting site plan approval to expand the parking lot and a variance for the screening required from resid- ential property. The Commission recon~nended approval of both of these requests providing certain items and conditions were met. The Council, staff, and representatives of the VFW discussed the requests. Some of the minutes of the recent Planning and Zoning Com- mission meeting were in error. It was noted that they had not as yet been approved and the correct findings of the Commission were discussed. The City Attorney stated that the VFW had filed an appeal, dated July 25, 1983,.to the findings of the Commission. Motion by Hovland, second by Petkoff to grant a variance to allow the 40j fence as shown on site plan in 1leu of screening required by ~ 9.117(3) and ~ 9.104(6)(v); and to ap- prove the site plan presen:ed to the Council with the fotiowing changes: l. On 45th Avenue, the entrance shall be restricte~ to a 22' curb cut complete to corner of 45th and Central Avenue with S-5-12 curb with a11 green area boulevard or to match existing curb on 45th with a~l green area boulevard. 2. Cracked, deteriorated or damaged sidewalk along Central Avenue should be removed and replaced. 3. A Right Turn only sign be installed for vehicles exiting from the site to the alley. 4. The existing shed on the rear of the site be removed. 5. Drainage: a. Install a swale and a barm on south side of bullding to direct storm water to alley. Regular Council Meeting July 25, 1983 page 40 b. Install a curb along south property line from screening fence to a point on the south property line even with rest of building to direct runoff to alley. 6. Replace curbs with full height curbs in driveways abandoned on Central Avenue. Roll call: All ayes 2. Nelson Elementary School Property PUD Preliminary Plan Review A developer, Mr. Jake Cadwallader, had appeared before the Planning & Zoning Commission reauestinq prelimlnar¥ plan review of a Planned Unit Development proposed for the existing Nelson School property. He is proposing to convert the school Into 34 condominium units. The Commission found the Concept Plan to be consistent with the Comprehensive Plan and recommended approval of the Preliminary Plan with a few requirements. There was lengthy discussion with residents in the neighborhood, with the developer and the staff, and among the Council members. Many facets of the proposal were discussed but it was noted by the Mayor that there was some question regarding the size of some of the units. Motion by Hovland, second by Hentges to table this item until the August 8th regular Coun- cil meeting pending additional information. Roll call: Hovland, Hentges, Norberg, Naw- rocki--aye Petkoff nay RECESS: 11:25 pm RECO~VENE: 11:40 pm b. League of Minnesota Cities Annual Dues Schedule Motion by Petkoff, second by Hovland to approve the continued membership with the League of Minnesota Cities, and that the annual dues payment of $5,940 be authorized. Roll call: All ayes c. Meeting with Senator Boschwitz's Representative This was an informational item. 7. Old and New Business a. Old Business The Mayor had questions regarding an out of court settlement recently handled by the City's insurance company and requested a copy of the sett)ement )attar. b. New Business l. Purchase of Picnic Tables Motion by Petkoff, second by Hovland to purchase eight 6' fiberglass tables with 1-5/8" OD tubing and bracing from Minnesota Playground in the amount of $194 per table, totalling $1,552. Roll call: All ayes 2. Schools and Conferences a. Attendance of City Manager at the Annual ICMA Annual Association Meeting Hotion by Norberg, second by Petkoff to authorize the attendance of Robert Bocwinski, City Manager, at the [nternational City Hanagement Association Annual Conference to be held October $-13, I n , , 9u3 in Kansas City Missouri; and furthermore that costs not exceeding $900 be reimbursed. Roll call: Movland, Petkoff, Norberg--aye Hentges, Nawrocki--nay 3. Establishing Work Session Thursday, July 28th at 7:30 pm was the time and date selected for a work session. Regular Council Meeting July 25, 1983 page 41 4. Establish Salary for Property Appraiser Motion by Norberg, second by Hovland to establish the entry rate salary of $1,644 per month for Ned Storla, the newly-hired property appraiser. Roll call: All ayes 5. Suburban Rate Authority Councilman Norberg, the Council's representative to the Suburban Rate Authority, gave a report on the recent meeting of the organization and on some of the activities planned within the group for reorganization. He also estimated that the 1984 assessment for the City to continue its membership would be approximately $1,000. 8. Reports a. Report of the City Manager This report was submitted in writtin form and all of the items in it were discussed. Mayor Nawrocki had one question concerning a memo from the City Manager regarding change orders. The Mayor stated that he felt the only way change orders can be made should be in the same fashion by which the contract is approved and he requested a legal opinion on this matter from the City Attorney. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Ilorberg, second by Hovland to approve the license applications as listed upon payment of proper fees. Roll call: All ayes 10. Payment of Bills Motion by Norberg, second by Hovland to approve the payment of bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Norberg, second by Hentges to adjourn the meeting ayes. e~-Anne Student, Count'S1 Secretary Bruce Nawrocki, Mayor