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HomeMy WebLinkAboutJul 11, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY ll, 1983 The meeting was called to order by Mayor Nawrocki at 8:00 pm. I. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Councilman Norberg. 3. Minutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the Public Hearing of June 27th, and the Regular Council Meeting of June 27th as presented in writing and that the reading be dispensed with. Roll call: all ayes. 4. Oral Petitions There were no oral petitions presented at this time. 5. Resolutions and Ordinances a. Second Reading of Ordinance No. 1043 Pertaining to Lot Splits Motion by Hovland, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: all ayes Councilman Norberg stated he could not support passage of this ordinance because he felt it would lower the standards that have been City policy in the past and was unnecessary. The Mayor was of the opinion that this merely puts into ordinance form a practice that had been followed on many occasions and would save the property owner time and money. ORDINANCE NO. 1043 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LOT SPLITS The City Council of the City of Columbia Heights does ordain: Section l: Section 9.407(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Whenever such "lot split'l is to be made hereunder, such subdivision can be made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; that it does not result in the creation of any parcel (within or without the subdivision) of a size in area or frontage which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City; that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; that the subdivision is in accordance with the goals of the prevailing zoning ordinances and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards." shall hereafter read as follows, to-wit: "Whenever such "lot split" is to be made hereunder, such subdivision can be Regular Council Meeting July ll, 1983 page 2 made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the transfer and con~ veyance of the land; does not hinder the making of assessments and keeping of records connected therewith; does not result in the creation of anv parcel ~with- in or without the subdivision) of a size in area which is less than 'is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City, and does not result in the creation of any parcel which is more than 10' less than the minimum lot width required by the Zoning Code for building on the said parcel. The Council must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictlons with respect to the land as might be imposed upon a platting; that the subdivision is in accordance with the goals of the pre- vailing zoning ordinances and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards." Section 2: Section 9.103(37) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly approved and filed, or one (1) unit of an Auditor's Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or reg- istered for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance.I' shall hereafter read as follows, to-wit: "Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly approved and filed, or one (1) unit of an Auditor's Subdivision or a Reg- istered Land Survey, or a parcel of land not so platted, subdivided or register- ed for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance. A lot of record is also any parcel created by a lot split pursuant to Section 9.407 of this Ordinance." Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 27, 1983 July ll, 1983 July 11, 1983 Offered By: Seconded By: Roll Call: Hentges Hovland Hovland, Petkoff, Hent§es, Nawrocki--aye Norberg--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary The Planning and Zoning Commission had reviewed Ordinance No. 1043 and recommended that it be adopted. Regular Council Meeting July ll, 1983 page 3 b. First Reading of Ordinance No. 1047 Prepared Food Delivery Establishments This ordinance would create a category of food service which is prepared on site, but con- sumed off the premises. 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 ORDINANCE NO. 1047 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PREPARED FOOD DELIVERY ESTABLISHMENTS The £ity Council of the City of Columbia Heights does ordain: Section l: Section 9.103 of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.103 9.103(1) 9.103(2) 9.103 (3) 9. ~ 03 (4) 9.103 (5) 9.103 (6) 9.103 (7) 9.103(8) 9.103 (9) 9.103(~0) 9.103(11) 9.103(12) 103(13) DEFINITIONS The following words, and terms, whenever they occur in this Ordinance, are de- fined as follows: Accessory Buildin~ or Str~.;ture: 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. Alley: A public right-of-way which affords a secondary means of access to abut- ting property. Auto Reduction Yard: A lot or yard where one(l) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. 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. Bay: Cantilevered portion of a building. Basement: A portion of a building located partly underground, but having less than half its floor-to-ceiling height below the average grade of the adjoining ground. 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. Building: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. Buildin~ H.ei~ht:. A distance to be measured from the mean curb level along the front lot line or from 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. Carport: An automobile shelter having one or more sides open. 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. Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are main- tained and controlled by a religious body organized to sustain regular public worship. Regular Council Meeting July Il, 1983 page 4 9.103(14) 9.103(15) 9.103(16) 9.103(17) 9.103(18) 9.103(19) 9.1 03 (20) 9.103(21) 9. 103 (22) 9. 103 (23) 9.1 03 (24) 9.103 (25) 9.103 (26) 9. 103 (27) 9. 103 (28) 9.103 (29) 9. 103 (30) Conditional Use: See Section 9.105(5). Conditional Use Permit: A permit specially and individually granted by the Council after public hearing thereon by the Commission for any conditional use so 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 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. t Dwelling: A building 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. Dwelling-Attached: A dwelling which is joined to another dwelling at one or more sides by a common wall. Dwelling-Detached: A dwelling which is entirely surrounded by open space on the same lot. Dwelling-Multiple: A building so designed as to contain three (3) or more dwell- ings as the principal use. Dwellin~-Townhouse: Attached dwelling units, each with a separate entrance to front and rear yards. Essential Service: Underground or overhead gas, electrical, steam or water dis- tribution systems; collection, communication, SupDly or disposal systems includ- ing poles, wires, mains, drains, sewers, pipes, conduits, cables, ~ire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction ther'f,.ith; but not including buildings. Family: An individual, or two or mc, re 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 common household and ;:~ing common cooking and kitchen facilities. Fence: A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. Floor Area (Net): The sum of the gross horizontal areas of the several floors cf a building including 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. Measurements 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 ~he 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 principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rated capacity not in excess of nine thousand (9,000) pounds. ~ar~ge..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 reaching an observer directly in a straight line from the source of its principal diffuser and/or its assoc- iated focusing reflector, b.) Light described in (a) above, but reaching an observer by reflection from a surface or surfaces which either: I. Move 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 (a) above. Regular Council Meeting July 11, 1983 page 5 9.103 (31) Home Occupation: Any gainful occupation meeting all of .the following requirements: When engaged in only by persons reslding in the dwelling, which does not require additional parklng, when evidence of the occupation is not visible from the street, when the principal structure becomes the base of operation for that occupation, and when not Involving the retell sales on the site of products produced off the slte. 9.103 (32) Hotel: A building containing eight (8) or more quest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and 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 en Inside lobby or office supervised by a person in charge. 9.103 (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 limited to scrap, iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufactur- 1~ process when within an enclosed area or building shall not be r, sluded. 9.103 (34) Kennel: Any premises where three (3) or more non-caged domestic anlmals over six (6) months of age are kept, except for an animal hospital, pet shop or veterinary clinic. 9.103 (35) Land Reclamatlon: Depositing four hundred (400) cubic yards or more of material after the effective date of this Ordinance so as to elevate the existing grade. 9.103 (36) Lot: A parcel of 1and occupied or used or Intended for occupancy or use by a use permitted In this Ordinance, abutting on · public street, and of sufficient slze to provide the Yard required by this Ordinance. 9.103 (37) Lot of Record: Any lot which Is one (I) unit of a plat heretofore or hereafter duly approved and flled, or one unit of an Auditor's Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered for which a Oeed,'Auditor's Subdivision or Registered Land Survey has been recordedin the office of the Register of Deeds or Registrar of Titles for Anoka County, Hinnesota 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 occupied by the waters of a duly recorded lake or area which has been dedicated as a public right-of-way. 9.103 (39) Lot Area per Dwelllnq Unit: The number of square feet of lot area required per dwelling unit. 9.103 (40) .Lot ~ Corner: 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 alignment of a continuous street , the Interior angle of which does not exceed one hundred thirty-five (135) degrees. Regular Council Meeting July ll, 1983 page 6 9.103 (41) Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. 9.103 (42) Lot Line: A lot line is the property line bounding a lot except that where any portion of a lot extends Into the public right-of- way or a proposed public right-of-way shown 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 a lot which abuts a public street, and in the case of a corner lot it shall be the shorLcst dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the City. 9.103 (44) Lot Line - Rear: That boundary of a lot whlch is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a p&int at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and a't the maximum distance from the front lot line. 9.103 (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 lines abutting two (2) substantially parallel streets, and which ,- not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance. 9.103 (47) Lot Width: The maximum horlzontal.dlstance between the side lot lines of a lot measured within the first thirty (30) feet of the lot depth. 9.103 (48) Mobile Home: A nobile home means a factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own r~nning gear and deslgned to be used as. a dwe11ing unlt or units without a permanent foundation. The phrase 'Without a permanent foundation" indicates that the support system is constructed wlth the intent that the mobile home placed thereon wlll be moved from time to time at the convenience of the owner. 9.103 (49) Mobile Home Park: A parcel of land so designed and improved with utilities, parking pads, walks, access roads, etc. to accommodate mobile homes which are to be used as dwellings that have received State approval. 9.103 (50) Motor Court~ Motor Hotel or Motel: A parcel of land upon which is located a building or group of buildings other than a hotel and used primarily as a temporary residence of a motorist. 9.103 (51) Motor Freight Terminal: A building or area where frelght arriveg, is removed or both for routing in Intra-state or Inter-state ship- ment by motor truck, Regular Council Meeting July ll, 1983 page 7 9.103 (52) Motor Fuel Station: A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplylng goods and services generally required in the operatlon and maintenance of motor vehicles. 9.103 (53) Motor Fuel Station - Major: A prlmarlly retail place of business which may engage in Major motor vehicle repair, shall be located within three hundred (300) feet of a major thoroughfare, may include auto wash as an accessory use, may operate a T.B.A. store. 9.103 (54) Motor Fuel Station - Minor: A retail place of business which shall have two service bays, and may engage in Minor motor vehicle repair. 9.1o3 ($5) 9.103 (56) (57) Motor Vehicle Repair - Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. Motor Vehicle Repair - Minor: The replacement of any part or repai~ ~f any part which does not require the removal of the engine head or pan, engine, transmission or differential; inciden- tal body and fender work, minor painting and upholstering service when said service above stated is applied within an enclosed building. Non-Conforming Structure: Any structure which is legally exlsting upon the effective date of this Ordinance, which would not conform to the applicable regulations If the structure were to be erected under the provisions of this Ordinance. 9.303 (58) Non-Conformin~ Use: A use of land, bulldlngs or structures lawfully existing at the time of adoption of this O~dlnance whlch does not comply wlth a11 the regulatlons of this Ordlnance or any use of land buiidlng or structure lawfully existing prior to the adoption of an amendment which would not comply with al! of the regulatlo~s. 9.3o3 Noxlous Hatter= Material: Materlal capable of causlng Injury to living organisms by chemical reaction, or is capable of causing detrl- mental effects on the physical or economic well-belng of Individuals. 9.303 (60) .Nursery-Day: A use where care is provided for pay for three (3) or more children under kindergarten age.for periods of four (~) hours or more per day. 9.103 (61) Open Sales Lot: Land devoted to the display of goods fo~ sale, rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars' or trucks. (62) Performance'Standard: Criterion establlshed to control noise, odor, radiation, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Regular Counci! Meeting July ll, 1983 page 8 9.103 (63) Publlc Hearing: Whenever the term Public Hearing is used In this Ordinance, unles~ otherwise specifically redefined, it shall mean public hearing pursuant to a notice published once in the official newspaper of the City and also mailed to the individual owner of record, at least 10 days before the date of such hearing, which notice specify the general purpose, time and place of such hearing. Any such hearing after such publicatlon may be continued, recessed or adjourned from time to time without any further publications or notice thereof. 9.1o3 (64) g. o3 (65) g.~03 (66) (67) .]03 ( (70) 9.103 ( 7D 9.103 .(72) 9. 03 (73) 9..103 (74) Roomln9 House: A residential structure whlch offers a room or rooms without kitchen faclllties for tent. Roomer: A person who is not a member of t~e family occupying a room.for a cha~ge~ Story: That Portion of a building included between the surface of any floor and the surface of th~ floor next above It; or if there Is 'no floor above, the space between the'floor and the ceiling next above. A basement shall be counted es a story. Street: A public right-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attach- ment to something having a permanent location on the ground. &/hen a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. Structural Alteration: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations. Use: The purpose or activity for which the land, structure or bullding thereon is designed, arranged, or Intended, or for which It is occupied or ~eintalned. Use ~ Eonditlonal: Either a public or private use'as listed which, because of its unique characteristics, cannot be properly classified as a permitted use In a particular district. After consideration, in each case, of the impact of such use upon neighboring land, and of the public need for the partlcular use at the partlcular locati6n, such "conditional use"may not be granted or may 'be granted with appropriate conditions by the £ouncil. Use - Permitted: A use which may be lawfully .established in a particula~ district or districts, provided it conforms with all requlrements~ regulations and performance standards of such district. Use - Principal: The main use of land or buildings as distinguished fror subordinate or accessory uses. A "prlncipal use" ~ay be either permi~( or conditional. Vending Machine: Any coin operated device which dispenses a procuct or service without an attendant. Regular Council Meeting July 11, 1983 page 9 9.:~03 (75) Yard: A required open space on a lot, which is unoccupled and unob- structed by a structure from Its lowest ground level to the sky except as expressly permitted In this Ordinance. Off-street parking and open storage unless specifically Fovided for are encroachments.' A yard shall extend along a lot llne and at right angles to such lot line to a depth or width specified in the yard regulatlons for the district In which such lot is located. g. 03 (77) 78) 9. o3 (79) 9.3.03 (80) Yard - Front: A yard extending along the full width of the front 1or line between side lot lines and extending from the abutting front street right-of-way llne to a depth required in the yard regulations for the district In which sbch lot is located. Yard - Rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front 1or line for a depth as specified i~ the yard regulatlons for the district in which such lot is located. Yard - Side: A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. 2onln~ Adminlstrator: Person appointed by the City P~nager as provided by this Ordinance. 2oning District: An area or areas withln the llmlts of the City for which the regulations and requirements governing use are uniform. 9.3.03 (82) Yard: A required open.space on a lot, which Is unoccupied and unob- structed by a structure from Its lowest ground level to the sky except as expressly permitted in this Ordinance. Off-street parking and open storage unless specificallyFovided for are encroachments. A yard shall extend along a lot llne and at right angles to such lot line to a depth or width specified in the yard regulations for the district In whlch such lot is located. 9.3.03 (83) 9.~03 (84) 9.3.o3 (8.5) 9.3.o3 (86) 9.3.03 (87) Yard -Front: A yard extending al0ng the full width of the front lot line between slde lot lines and extending from the abutting front street right-of-way Ilne to a depth required In the yard regulations for the district In which such lot is located. Yard - Reari A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. Yard - Side: A yard extending along a side lot ~ine between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Zonin~ Administrator: Person appointed by the City Hanager as provided by this Ordinance. Zonin9 District: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. Regular Council Meeting July ll, 1983 page l0 shall hereafter read as follows, to-wit: 9.103 9.103 (1) 9.103 (2) 9.103 (3) 9.103 9.103 (5) 9. 103 (6) 9.103 (7) 9.103 (S) 9.103 (9) 9.103 (10) 9.103 (11) 9.103 (12) 9.103 (13) DEFINITIONS The following words, and terms, whenever they occur in this Ordinance, are defined as follows: Accessory Building or Structure: A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. ~ccessory Use: A use which is reasonably necessary and /nc/dental to the conduct of the primary use of the main building or buildings. Alley: A public right-of-way which affords a secondary means of access to abutting property. Auto Reduction Yard: A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. Auto and Truck Sales Lot: Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. Bay: Cantilevered portion of a building. Basement: A portion of a building located partly underground, but having~ less than half its floor-to-ceiling height below the average grade of the adjoining ground. Boardinghouse: A building other than a motel or hotel where, for compensa- tion and by pre-arranagement for definite periods, meals and/or lodgings ,are provided for three (3) or more persons, but not to exceed eight (8) persons. Building: Any structure having a roof which may provide shelter or en- closure of persons, animals or chattel. Building Height: A distance to be measured from the mean curb level along the front lot line or from 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 uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. Carport: An automobile shelter having one or more sides open. Cellar: That portion of the building having more than one-half (1/2) of the floor-to-ceiling heights below the average grade of the adjoining ground. Church: A building, together with its accessory buildings and uses, wher~ persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. Regular Council Meeting July Il, 1983 page ll 9.103 (14) Conditional Use: See Section 9.105 9.1o3 (15) 9.103 (16) 9.1o3 (17) 9.103 9.1o3 (19) 9.1o3 (20) 9.1o3 (21) 9.103 (22) 9.103 (23) Conditional Use Permit: A permit specially and individually granted by the Council after public hearing thereon by the Commission for any con- ditional use so 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 the center of the building. Where no curb level has been es- tablished, the City Engineer shall determine a curb level or its equivalent for the purpose of this Ordinance. I~ellinK: A building or one (1) or more portions thereof occupied or in- tended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. D~ellin~-Attached: A dwelling which is Joined to another dwelling at one or more sides by a common wall. D~ellini-Detached: A dwelling which is entirely surrounded by open space on the same lot. D~elltni-Multiple: i building so designed as to contain three (3) or more dwellings as the principal use. I~elling-To~nhouse: Attached dwelling units, each with a separate entrance to front and rear yards. Essential Service: Underground or overhead gas,.electrical, steam, or water distribution systems; collection, communication, supply or disposal systems including 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. Family: An individual, or two or more persons each related by blood, mar- tinge or adoption, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking and kitchen facilities. 9.1o3 (24) 9.103 (25) 9.103 (26) 9.103 (27) Fence: A fence is any partition, structure, wall or gate erected as a dividing marker alone property lines or within the required yard. Floor Area (Net): The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basements, 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. 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 build- ing or buildings are located. Regular Council Meeting July 11, 1983 page 12 9.103 9.103 (28) Garage - Prlva:e: A detached accessory building or portion of principal 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 (~,O00) pounds. (2~)...Garaqe 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 ~hall be a member of the family occupying the dwelling. 9.103 9.103 9.103 9.103 9.103 9.103 (30) Glare - Direct: a.)That part of the vlslble light reaching an observer directly in a straight line from the source of Its prlnclpal diffuser and/or its associated focusing reflector. b.) Light described In (al above, but reaching an observer by ref- lection from a surface or surfaces w~Ich either: 1. Move periodlcally under power of the wlnd, electrlcity, 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. (31) Home Occupation: Any gainful occupation meeting all of .the following requirements: When engaged In only by persons resldlng in the dwe111ng, which does not require additional parking, when evidence of the occupation is not visible from the street, when the princlpal structure becomes the base of operation for that occupation, and when not lnvolvlng the retail sales on the site of products produced off the site. (32) Hotel: A building containing eight (8) or more quest rooms In which lodging Is provided with or without meals for compensation and which is open to transient, permanent guests or both, and 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 by a person in charge. (33) Junk Yard: An area where used, waste, discarded or salvaged mater- iais are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled including but not limited to scrap, Iron, and other metals, paper, rag~, rubber products, 'bottles and lumber. Storage of such material in conjunction with a permitted manufactur- ing process when within an enclosed area or building shall not be included. (34} Kennel: Any premises where three (3) or more non-caged domestic animals over six (6) months of age are kept, except for an animal hospital, pet shop or veterinary clinlc. (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. Regular Council Meeting July 11, 1983 page 13 9.103 (36) Lot: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance, abutting on a 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 a plat heretofore or hereafter duly approved and filed, or one (I) unit of an Audltor~s Subdivision or a 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 Reglstrar 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 a duly recorded lake or area which has been dedicated as a public right-of-way. 9.103 (39) Lot Area per Dwelllnq Unit: The number of square feet of lot area required per dwelling unit. 9.103 (40) Lot - Corner: A lot sltuat~d at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street · the interior an§le of which does not exceed one hundred thirty-five (135) degrees. 9.103 (41) Lot Depth: The mean horlzontal distance between the front lot llne and the rear lot line of a lot. 9.103 (42) Lot Line:' A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of- way or a proposed public right-of-way shown 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 a lot which abuts a public street, and in the case of a corner 1or it shall be the shorL~st dimension on a public street. If. the dimensions of a corner lot are equal, the front lot line shall 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 llne. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear 1or line shall be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line. 9.103 (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 lines abutting two (2) substantially parallel streets, and which ~' not a corner lot. On a through 1or, both street lines shall be front lot lines for applying this Ordinance. Regular Council Meeting July 11, 1983 page 14 9.103 9.103 9.103 9.103 9.103 9.103 9.103 9.103 (47) Lot Width: The maximum horizontal distance between the slde lot lines of a lot measured within the first thirty (30) feet of the. lot depth. (48) Mobile Home: A mobile home me~ns a factory-built structure or structures equipped with the necessary service connections and ~de s~ as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed wlth the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. (4~) Mobile Home Park: A parcel of land so designed and Improved with utilities, parking pads, walks, access roads, etc. to accommodate mobile homes which are to be used as dwellings that have received State approval. (50) Motor Court~ Motor Hotel or Motel: A parcel of land upon which is located a building or group ot buildings other than a hotel and used primarily as a temporary residence of a motorist. (51) Motor Freight Termlnal: A building or area where freight arrive~, is removed or both for routing in intra-state or inter-state ship- ment by motor truck. (52) Motor Fuel Station: A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplylng goods and services generally required In the operation and maintenance of motor vehicles. (53) Motor Fuel Station - Major: A primarily retail place of business which may engage in Major'motor vehicle repair, shall be located within three hundred (300) feet of a major thoroughfare, may include auto wash as an accessory use, may operate a T.B.A. store. (54) Motor Fuel Station - Minor: A retail place of business which shall have two service bays, and may engage in Minor motor vehicle repair. 9.103 (55) 9.103 (56) 9.1o3 (57) Motor Vehicle Repair - Major: General repair, rebuild|nd or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. Motor Vehicle Repair - Minor: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; inciden- tal body and fender work, minor painting and upholstering service when said service above stated is applied within an enclosed building. Non-Conforming Structure: Any structure which is legally existing upon the effective date of this Ordinance, which would not conform to the app)icable regulations if the structure were to be erected under the provisions of this Ordinance. Regular Council Meeting July 11, 1983 page 15 9.:]03 ($8) ($9) .- 9.103 9.).o3 (61) Non-Conformln~ Use: A use of land, buildings or structures lawfully existing at the time of adoption of this O~dinance which does not comply with all the regulations of thls Ordinance or any use of land building or structure lawfully existing prior to the adoption of an amendment which would not comply with all of the regulatio~s. Noxious Hatter ~ Haterial: Haterial capable of causing injury to living organisms by chemical reaction, or is capable of causing detri- mental effects on the physlcal or economic well-belng of indlviduals. .Nursery-Day: A use where care is provided for pay for three (3) or more children under kindergarten age.for periods of four (~) hours or more per day. Open 5ales Lot: Land devoted to the dlsplay of goods fo~ sale,.rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars' or trucks. 9.103 (62) Performance'Standard: Criterion established to control noise, odor, radiation, toxic or noxious matter, vibration, fire and exploslve hazards, or glare or heat generated by or inherent in uses of land or buildings. 9.103 (63) 9.).o3 Prepared Food Delivery Establishment: Any building where food is pre- pared for sale and consumption, which food must be consumed off the premises. For purposes of this provision, the term "premises" shall include but not be limited to the building and its outhouses, loading docks, sidewalks, landscaped areas, and parking and driveway areas. No food or beverage of any nature may be consumed upon the premises. Pro- vided, however, an employee of the establishment may consume food and beverages upon the premises during times such employee is employed by the owner or owners of the establishment but only during such time as such employee is on duty as an employee of such establishment. Public Hearing: Whenever the term Public H~aring is used in this Ordinance, unles~ otherwise speclflcally redefined, it shall mean a publ$c hearing pursuant to a notice published once in the officlal newspaper of the City and also mailed to the individual owner of record, at least 10 days before the date of such hearing, which notice s,~a11 specify the general purpose, time and place of such hearing. Any such hearing after such publicetlon may be continued, recessed or adjourned from time to time without any further pubiicatlons or notice thereof. 9.103 (65) g. :103 (66) 9.103 (671 Rooming House: A residentlal structure whlch offers a room or -rooms without kitchen facllitles for tent. Roomer: A person who is not a member of t~e family occupylng' a room.for a cha~ge: Story: That portion of a building included between the surface of any floor and the surface of th~ floor next above It; or if there is 'no floor above, the space between the'floor and the calling next above. A basement shall be counted as a story. Regular Council Meeting July ll, 1983 page 16 9.103 (68) Street: A publlc right-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property. (70) Structure: Anything constructed or erected, the use of which requires more or less permanent locatlon on the ground or attach- ment to something having a permanent Iocatlon on the ground, t/hen a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. Structure1Alteratlon: Any change, other than Sncldental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations. (72) U~e: The purpose or activlty for whlch the land, structure or building thereon is designed, arranged, or Intended, or for which It is occupied or maintained. Use - Conditional: Either a public or private use'as listed which, because of its unique characteristics, cannot be properly classlfied as a permitted use In a particular district. After consideration, in each case, of the impact of such use upon neighboring land, and of the publlc need for the partlcular use at the partlcular locati6n, such "condit$onal use" may not be granted or may'be granted with appropriate conditions by the Council. 9-~-03 .(73) Use - Permitted: A use which may be lawfully .established in a particul~ll~ district or districts, provided it conforms with all requirements, regulatlons and performance standards of such district. 9.103 (74) Use - Prlnclpal: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" ~y be either permitted or conditlonal. (75) Vendin~ Machine: Any coin operated device which dispenses a procuct or service without an attendant. g.]o3 Yard: A required open space on a lot, which ls unoccupied and unob- structed by a structure from its lo-est ground level to the sky except as expressly permitted in this Ordinance. Off-street parking and open storage unless specifically Fovided for are encroachments. A yard shall extend along a lot line and at right angles to such'lot line to a depth or width specified In the yard regulations for the district in vfnlch such 1or is located~ 103 (77) 9.303 (78% Yard - Front: A yard extending along the full width of the front 1or line between side lot lines and extending from the abutting front street right-of-way ilne to a depth required In the yard regulatlons for the district In which sbch lot is located. Yard - Rear: A yard extending along the' full width of the rear lot line between the side lot lines and extending tc~vard the front lot line for a depth as specified 16 the yard regulatlons for the district in which such lot is located. Regular Council Meeting July 11, ]983 page 17 9.~03 (79) 9.]03 (80) 9.]03 (81) 9.1o3 (82) Yard - Side: A yard extending along a slde 1or line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Zoning Administrator: Person appointed by the £Jty M~nager as provided by this Ordinance. ~oning District: An area or areas within the limits of the City for which the regulations and requirements governing use ere uniform. Yard: A required open space on a lot, which is unoccupied and unob- structed by a structure from Its lowest ground level to the sky except as expressly permitted in this Ordinance. Off-street parking and open storage unless specificallyFovlded for are encroachments. A yard shall extend along a 1or line and at right angles to such lot line to a depth or width specified In the yard regulations for the district in whlch such lot is located. .]03 (83) s.103 (84) 9. 03 (85) (86) 9.103 (87) Section 2: Yard - Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district In which such 1or.is located. Yard - Rear: A yard extending along the full width of the rear 1or line between the slde lot lines and extending toward the front lot llne for a depth as specified in the yard regulations for the district in which such lot is located. Yard - Side: A yard extending along a side lot 'line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot ls IDeated. Zonln9 Administrator: Person appointed by the City Hanager as provided by this Ordinance. ~.onin9 District: An area or areas within the llmlts of the City for which the regulatlons and requirements governing use are uniform. Section 9.116(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.116(4) Required Off-Street Par~ln9 (a) .Calculating Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of one-half (½) or more shall constitute another space. (bi Garage or Ca[pgrt: A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. Regular Council Meeting July 11, 1983 page 18 (c) Single Family Dwelling: which shall be a garage. At least two (2) parking spaces, one of (d) Two Family I)wellins: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) (f) (g) Rooming House: At least two (2) parking spaces for each three '[3) persons for which accommodations are provided for sleeping. Multiple l~wellin~: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 In the R-4 District, and I in all "B" Districts, one of which shall be a garage. Hotel: At least 1 parking space for each rental court provided in the design of the building. (h) Motel: At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. (i) School, Elementary and Junior Hi~h: At least one (!) parking space for each class room plus one (I) additional space for each 300 student capacity. (j) School, High School through College: At least one (1) parking space for each seven (7) students based on the design capacity, plus one {1) additional space for each two (2) class rooms. (k) £hurch~ Clubs: At least'one (!) parking space for each three and one-half (32) seats based on the design capacity of the main assembly hall. (i) Theatre, Ballfield, Stadium: At least one (1) parking space for each eight (8) seats of design capacity. (mi (n) (o) (p) (q) (r) Hospital: At least one and one-half (1-1/2) parking spaces for each patient bed. Sanitarium, Convalescent Home3 Rest Home) Nursin~ Home or Insti- tution: At least one (1) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional space for each fifteen (15) beds. Medical or Dental Clinic or Veterinary Office: At least three (3) parking spaces for each staff doctor or dentist according to de- sign capacity. ~repared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building ex- cept an area equal to four (4) square feet for each seat provided. Bowling Alley: At least five' (5) park2ng spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. Motor Fuel Stations: At least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Regular Council Meeting July II, 1983 page 19 (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, Cafe, Bart Tavern, Night Club: At least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. Provided. however, the City Council may by affirmative vote grant a contractual parking permit reducing the off-street parking requirement for a structure existing on August 8, 1977 by not more than fifty percent (50%) of the parking spaces re- quired in Section 9.116(4) of this Ordinance when the o~ner of the lot petitions the City Council and the City Council finds at a hear- lng on such petition that: The proposed use designed at maximum capacity does not warrant the strict parking requirements of this section;.and ii) The reduction in required off-street parking spaces ~r111 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 permit; and iv) v) The use of the property does not include the sale of intoxi- cating liquors; end Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Resolution of the Council; in the absence of a Resolution set- ting such fee, the application fee shall be $300.001 and vi) The ~etitioner is the o~ner of good and marketable title to all of the property to which the contractual parking permit would apply. O~nership 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. vii) If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met: 1) The o~mer or o~ners and all lienho~ders of record shall Join 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 rights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assigns, to any other person, persons, businesses, corpora- tions or to any other entity or entities. Regular Council Meeting July Il, 1983 page 20 The doc,~ent shall specify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the permit shall be void in the event the use of the pro- perty is changed or intensified regardless of the amount 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) Uses permitted by a contractual parking permit shall not con-- stitute non-conforming uses within the meaning of the Columbia Heights Zoning Code. 3) A contractual parking permit may be discharged by the owner of the property by written notice which shall be in a form re- cordable in the office of the Anoka County Recorder and which form shall be properly executed by the owner or owners and all lienholders of record and delivered to the City Clerk. ~) The contractual parking permit shall lapse upon the use of the property affected for purposes of s~rving alcoholic beverages. 5) Upon the contractual parking permit becoming 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 allow the City to obtain such legal and equitable re- lief as a Court of competent jurisdiction may 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 administrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and any 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. (u) Banks, Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (i) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). (v) 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 area not' used for seating. (w) Furniture Store~ A~pliance Store~ Wholesale 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 Ju!y 11, 1983 page 21 (x) O~pen Sales Lots, Lumber Yards~ Auto Sales: One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (i,000) square feet of land up square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. (y) Auto Repairt Boat and Marina Sales~ Garden Storet Trade Service Shops: Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (z) Skate~ Dance Halls~ Miniature Golf~ Private Clubs~ Ice Arenas and Other Recreation Centers: Ten (10) parking spaces plus one (1) addi- tional space for each two hundred (200) square feet of floor area (net). (aa) Manufacturin~ Fabricating or Processi~R of a Product or Material: Four (4) off-street parking spaces plus one (1) for each four hun- dred (400) square feet of floor .area (gross). shall hereafter read as follows, to-wit: 9.116(4) Required Off-Street Parklnl) Calculating Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of one-half (½) or more shall constitute another space. Garage or Carport: A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. (c) Single Family Dwelllng: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family I~ellin~: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) (f) (hi (ii Roomin9 House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. Multiple D~elllng: At )east two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and I in all "B' Districts, one of which shall be a garage. Hotel: At least 1 parking space for each rental court provided in the design of the building. Motel: At least one (Ii space for each dwelling unit or lodging room, plus one (I) additional space for each eight units. School, Elementary and. Junior Hi~h: At least one (!) parking space for each class room plus one (1) additional space for each 300 student capacity. Regular Council Meeting July 11, 1983 page 22 (j) School, High School through College: At least one (!) parking space for each seven (7) students based on the design capacity, plus one (1) additional space for each two (2) class rooms. (k) £hurch~ Clubs: At least one (1) parking space for each three and one-half (3½) seats based on the design capacity of the main assembly hal 1. (1) (m) Theatre, Ballfield, Stadium: At least one (1) 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. (n) Sanitar/um~ Convalescent Homet Rest Home~ Nursing Mome or Insti- tution: At least one (1) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional space for each fifteen (15) beds. (o) Medical or Dental Clinic or Veterinary Office: At least three (3) parking spaces for each staff doctor or dentist according to de- sign capacity. (p) Prepared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building ex- cept an area equal to four (4) square feet for each seat provided. (q) Prepared Food Delivery Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building of the Prepared Food Delivery Establishment as such establish- ment is defined in Section 9.103(63). (r) (s) (t) (u) Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. Motor Fuel Stations: At least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Retail Store or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). Restaurant~ Cafe, Bar, Tavern~ Night Club: At least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off-street parking requirement for a structure ex/sting on August 8, 1977 by not more than fifty percent (50%) of the parking spaces re- quired in Section 9.116(4) of this Ordinance when the owner of the lot petitions the City Council and the City Council finds at a hear- ing on such petition that: Resular Council Meeting July lt, 1983 page 23 i) ii) iii) vi) vii) The proposed use designed at maximum capacity does not warrant the strict parking requirements of this section; and The reduction in required off-street parking spaces will not cost an additional burden on other lots or on on-street park- ing spaces; and The lot size is not large enough to allow the highest and best use of the property ~-lthout such contractual parking permit; and iv) The use of the property does not include the sale of intoxi- cating liquors; and v) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit 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 The ~etitioner is the o~mer of good and marketable title to all of the property to which the contractual parking permit would apply. O~mership 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 petitionerts expense no later than fifteen (15) days prior to the hearing on the petition. If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met: l) The o~ner or ovmers and all lienho~ders of record shall ~oin 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 ~ights therein granted to the petitioner by the City Council are not transferable or assignable to the petitionerts heirs, successors or assigns, to any other person, persons, businesses, corpora- tions or to any other entity or entities. The document shall specif~ that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the pet-mit shall be void in the event the use of the pro- perty is changed or intensified regardless of the amount of off- street parkinE required for the changed or intensified use. Such document shall be in the form of a covenant ~unning with the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not con-- stitute non-conforming uses within the meaning of the Columbia Heights Zoning Code. 3) A contractual parking permit may be discharged by the owner of the property by vritten notice which shall be in a form cordable in the office of the Anoka County Recorder and which form shall be properly executed by the ovnez or owners and all lienholders of record and delivered to the City Clerk. Regular Council Meeting July ll, 1983 page 24 4) The contractual parking permit shall lapse upon the use of l the property affected for purposes of serving alcoholic beverag 5) Upon the contractual parking permit becoming 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 allow the City to obtain such legal and equitable re- lief as a Court of competent Jurisdiction may provide. The cove- nant shall further provide that the said owner or owners execut- ing the contract shall pay ali attorneys' fees, court costs, and administrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and any 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. (v) Banks, Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). (w) Undertaking Establishments: One (1) parking space for each five (5) 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 area not used for seating. (x) Furniture Store, Appliance Store, Wholesale 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. (y) Open Sales Lots, Lumber Yards, Auto Sales:...One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. (z) Auto Repair, Boat and Marina Sales, Garden Store~ Trade Service Shops: Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate, Dance Halls, Miniature Golf, Private Clubs, Ice Arenas and Other Recreation Centers: Ten (10) parking spaces plus one (1) addi- tional space for each two hundred (200) square feet of floor area (net). Regular Council Meeting July 11, 1983 page 25 (bb) Hanufacturin~, Fabricating or Processini of s Product or Haterial: Four (1) off-street parkin$ spaces plus one (1) for each four hun- dred (&O0) square feet of floor area (Eross). Section 3: Section 9..113(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or lsnd shall be used for the following uses except by'conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. (c) The units do not access the first floor, and Access to dwe11ings is en exclusive entrance (d) Off-street parking lots subject to Sectiong.116(2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116(14).. (S) Motor fuel stations (minor) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject tO Section 9.116(15). (i) Drive-in businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:00 a.m. and I:00 a.m. for those serving food or drink. ii) The entire area shill have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting shall be surfaced ,Ith a material ~hlch .111 control dust and drainage to the approval of the £1ty Engineer. iv) A box curb st least six (6) inches above grade shall separate the'p~blic walk from the lot except at approved entrances or exits. The lighting shall be accomplished In such s -ay as to have no direct source of light vislble from the public right-of- way or adjacent land In residential use. (j) Arcades Regular Council Meeting July Il, 1983 page 26 shall hereafter read as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) (b) (c) Accessory buildings. Dwelling units provided. The units do not access the first floor, and Access to dwellings is an exclusive entrance (d) Off-street parking lots subject to Section 9.116(2). (e) (fl (gl (h) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. Open sales lots subject to Section 9.116(2). Motor fuel stations (minor) subject to Section 9.117. Restaurant, cafe, tea room, bar, prepared food outlets subject t° Section 9.116(~5) and Prepared Food Delivery Establish- ments as such establishments are defined im Section 9.103(63). (i) Drive-in businesses subject to the following requirements: i) 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 area shall have a drainage system approved by the £1ty Engineer. ~ii) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of'the City Engineer. A box curb at least-slx (6) inches above grade shall separate the p~blic walk from the lot except at approved entrances or exits. The lightlng shall be accomplished in such a way as to have no direct source of light visible from the public right-of- way or adjacent land in residentla! use. (j) Arcades Section 4: Section 9.116(15) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: Regular Council Meeting July 11, 1983 pa~e 27 116(15) Prepared Food Outlets Food.outlet stores in the "RB" District shall be subject to the following 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'by a curb six inches (6") or more in height. (b) Hours of operation shall be confined to the period between 10 a.m. and 1 a.m., except for those sites located fifty feet (50') or more from the "R" District and fronting on a major thoroughfare. (c) (d) (e) (f) The entire site other than the area occupied by s building or landscaping shall be surfaced according to a grading plan approved by the City Engineer· The outdoor lighting system shall be so designed that no direct source of light is vlslble from the public right-of-way or adjacent land. 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 ap- proval; said system to include the pick-up of papers and other material whLch initiated from the prepared food site that are deposited within three hundred (300) feet of the site. A proposed system of ingress, egress and parking shall be sub- mitted for approval by the City. Curb cuts shall not be permitted within fifty (50) feet of the intersection of the curb line on major and secondary thoroughfares. shall hereafter read as follows, to-wit: 9.116(15) Prepared Pood Outlets Pood.outlet stores in the "RB" District shall be s~bJect to the following 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'by a curb six inches (6") or more in height. (b) Hours of operation shall be confined to the period between l0 a.m. and i a.m., except for those sites located fifty feet (50') or more from the "R" District and fronting on a major 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. Regular Council Meeting July ll, 1983 page 28 (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 system of ingress, egress and parking shall be submitted for ap- proval by the City. Curb cuts shall not be permitted within fifty (50) feet of the intersection of the curb line on major and secondary thoroughfares. (gl Sections 9.116(15)(a), (b), (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: July II, 1983 The second reading of Ordinance No. IO47 is scheduled for the next regular Council meeting on July 25, 1983. c. First Reading of Ordinance No. 1048 Rezoning Certain Real Estate This ordinance is to rezone certain property from R-3 to R-B and covers the rear parking lot of McDonald's which is the northwest corner of 46th and Tyler Street. Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies for the public. Roll call: All ayes ORDINANCE NO. 1048 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 l: That the real property legally described as: Lots 12, 13, 14 and 15, Block Three (3), Sheffield's Second Subdivision, Anoka County, Minnesota according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County. AND That part of the East seven feet (7') of the vacated North-South alley in Block Three (3), Sheffield's Second Subdivision between Central and Tyler Streets Northeast from 46th to 47th Avenues Northeast, lying between an extension West- we-d of seven feet (7') of the North and South line of each of said Lots ]2 through 15, both inclusive, Block Three (3), Sheffield's Second Subdivision which is currently zoned "R-3" Multiple Family District shall hereafter be zoned "R-B" Retail Business District. Section 2: The Zoning Map of the City of Columbia Heights is herewith amended in accord- ance with this Ordinance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July ll, 1983 Regular Council Meeting July 11, 1983 page 29 d. Resolution 83-34 Labor Agreement Between City and Local No. 320 Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 83-34 BEING A RESOLUTION REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND MINN- ESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320-PATROLMEN BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that: WHEREAS, negotiations have proceeded between the Minnesota Teamsters Public and Law Enforce- ment Employee's Union, Local 320, representing Police Officers of the City's Police Depart- ment, and the City's labor consultant and management bargaining team, and said negotiations have resulted in a mutually acceptable contract, for the calendar year 1983, and WHEREAS, a copy of said contract is available for inspection at the office of the City Clerk and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the contract agreement as negotiated, be and are hereby established as the salary and fringe benefit program for calendar year 1983 for Police Officers of the Columbia Heights Police Department. BE IT ALSO FURTHER RESOLVED that the reading in full of the actual contract be, and it is hereby, waived. Passed this llth day of July, 1983. Offered By: Hentges Seconded By: Petkoff Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary e. Resolution 83-35 Addendum to Master Contract for Local 49 Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 83-35 BEING A RESOLUTION REGARDING AN ADDENDUM TO THE MASTER CONTRACT FOR MEMBERS OF LOCAL 49 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the ~nternational Union of Operating Engineers, Local 49, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable addendum to the master contract for the period of July 1, 19~3- December 31, 1984. NOW, THEREFORE, BE IT RESOLVED that the addendum to the master contract as negotiated be and is hereby established as the supplementary agreement to the Master Contract between the City of Columbia Heights and the International Union of Operating Engineers, Local 49 for the period of July 1, 1983-December 31, 1984. Regular Council Meeting July lt, 1983 page 30 BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this addendum agreement. Passed this llth day of July, 1983. Offered By: Hentges Seconded By: Hovland Roll Call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mav~r 6. Communications a. Planning and Zoning Commission 1. Special Purpose Fence, Dale Schlotfeldt, 4203 Madison Street Mr. Schlotfeldt had requested approval by the Planning and Zoning Commission of a 6' high special purpose privacy fence which would start from the front of the property line and of a 4'3" high picket-style privacy fence along the north property line. The Commission recommended approval of the 4'3I' high picket privacy fence but denied the 6' special pur- pose privacy fence request. A number of property owners in the area of ~203 Madison Street had voiced objection to the height of the 6' fence. Mr. Schlotfeldt presented a new pro- posal for fencing to the Council. He requested permission to construct a four foot fence of vertical treated boards around the entire yard. Much discussion followed regarding this new proposal and its construction. Motion by Hentges, second by Norberg to refer this matter back to the Planning and Zoning~ Commission for consideration of the new proposal of the property owner. Roll call: Hentge Norberg--aye Hovland, Petkoff, Nawrocki--nay Motion fails Motion by Hovland, second by Petkoff to approve the four foot fence as proposed. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges--nay Norberg--abstain 2. Special Purpose Fence, Mark Thistlethwaite, 500 Summit Street Motion by Hovland, second by Petkoff to grant approval of the construction of a special purpose fence at 500 Summit Street based on the recommendation of the Planning and Zoning Commission. Roll call: Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--nay 3. Privacy Fence, Ben Luhm, 4732 Stinson Boulevard Mr. Luhm's request for a 6' high privacy fence was denied by the Planning and Zoning Com- mission. It was stated that the rear lO' of the property was difficult to maintain and that the required signatures of property owners had not been presented by Mr. Luhm. Mr. Luhm came before the Council to appeal the denial and also submitted consent forms signed by adjoining property owners except those behind his property on Upland Crest. It was noted by the City Attorney that signed consent forms was required from all adjoinI ing property owners for a privacy fence, but not for a special purpose fence. RECESS: 9:45 pm RECO~VENE: 10:OO pm A long discussion ensued regarding what is required for constructing a fence. Mr. Luhm withdrew his request for construction of a privacy fence and indicated he may consider applying for a special purpose fence. b. Traffic Commission The Council received a written report of the last Traffic Commission meeting. No Council action was necessary. Regular Council Meeting July ll, 1983 page 31 c. Other Communications The resident at 5020 Fourth Street expressed displeasure with the noise eminating from air movement equipment on the roof of a meat market in her immediate neighborhood. She was ad- vised by the Police Chief that the City would use its noise monitoring equipment and deter- mine if the noise level of these rooftop units exceeded the acceptable level of noise as required by ordinance. These tests will be done both during the daytime as well as at night. The resident will be advised as to the results of these noise monitoring tests. Mayor Nawrocki referred to an article that recently appeared in the Minneapolis paper re- garding a new resident of Columbia Heights who stated he chose to move here to escape the surveillance of the Minneapolis Police Department. This particular individual has a cri- minal record. The Mayor wanted to assure the residents of the City that this was in no way an haven for criminals and that the same methods employed by the Minneapolis police force were employed by the Columbia Heights police force. He stated that our police department had for many years worked in a very cooperative manner with the Minneapolis Police Dept- artment. It was noted by the Mayor that what was viewed by this individual as harassment was, in reality, good law enforcement warranted by the individual's criminal record. A letter from an Administrative Assistant in the Anoka County Court House was received stating that the application from Columbia Heights for Community Development Block Grant funds was approved. Information from the Association of Metropolitan Municipalities regarding the annual Levy Limits Seminar, the AMM Annual Report and organization of AMM committees was discussed by the Council. 7. Old and New Business a. Old Business I. Final Payment on Miscellaneous Concrete Project #8300 Motion by Norberg, second by Hentges to authorize payment of $17,317.06 to Area Cement Company for 90% payment of Project #8300. Roll call: All ayes b. New Business 1. Employee Assistance Program Contract Renewal Motion by Petkoff, second by Hovland that the Mayor and City Manager be authorized to exec- ute an agreement with the Metropolitan Clinic of Counseling (Cromer Management, Inc.) for diagnostic and referral services at a base retainer fee of $679 for the period of June 1, 1983 to May 31, 1984. Roll call: Hovland, Petkoff, Nawrocki--aye Norberg--nay 'Hentges-- abstain 2. Partial Refund of JP Murzyn Hall Rental Due to an assignment error Murzy~ Hall was not fully prepared and staffed to accommodate a function scheduled for July 1, 1983 by Mr. & Mrs. Lien of 6810 Plaza Curve, Fridley. It was the staff recommendation that part of their rental fee be refunded. Motion by Norberg, second by Petkoff to refund $245.00 to the Liens for failure of the staff to provide the services promised. Roll call: All ayes 3. Schools and Conferences a. Motion by Hentges, second by Petkoff to authorize the attendance of Officer Michael McGee at the Minnesota Police & Peace Officer Association Conference to be held August 13-16 in Mankato, Mn; and furthermore, that expenses be reimbursed,-not to exceed $200. Regular Council Meeting July Il, 1983 page 32 Roll call: All ayes b. Motion by Norberg, second by Hovland to authorize the attendance of Don Jolly, Sewer and Water Superintendent, at the Minnesota Wastewater Institute Conference to be held August 3-5, 1983, in Alexandria, Mn.; and furthermore, that expenses be reimbursed, not to exceed $245. Roll call: All ayes c. Motion by Hentges, second by Hovland to authorize the attendance of members of the Council and of the Council Secretary at a computer conference in Duluth, Mn., July 26- 28, 1983, and furthermore, that expenses be reimbursed. Roll call: All ayes 4. Library Remodeling Payment Motion by Norberg, second by Petkoff to authorize payment of $31,654.95 to the D.W. Har- stad Co. Inc. for library basement modifications. Roll call: All ayes Motion by Norberg, second by Petkoff to authorize payment of $173.96 for inspection work done on the library basement modifications. Roll call: All ayes 5. Change Order for Project #8215 This request deals with a change in the material for the Innsbruck Third Addition concrete work. Motion by Norberg, second by Petkoff to accept Change Order #1 on Project #8215 and author- ize the City Manager to sign the change order. Roll call: All ayes Due to the change in the specification of the cement used, this would be a deduct of $8~901. 6. Award of Bid for Projects #8002 and #8221 These two projects concern state aid street construction and residential street construct- ion (Reservoir Blvd. (44-46) 46th Avenue (Johnson to Fillmore) Fillmore (46th and 47th) and Arthur Place. These two projects were tied together for bidding purposes. It was not~ that Project #8002 came in 12.9% under the engineering estimate and that Project # 8221 came in 5.2% under the engineering estimate. Motion by Petkoff, second by Hentges to award the low bid for Projects #8002 and #8221 to Bituminous Roadways, Inc. in the amount of $643,186.52; and that the Mayor and City Manager be authorized to enter into a contract for same. Roll call: All ayes 7. Purchase of Key System for Public Works Building Motion by Hentges, second by Hovland to authorize the purchase of 27 new locks and keys completely installed and number coded for the Public Works Building from Mobile Lock and Safe Company for $1,195, and the money to come from the Unallocated General Fund Surplus. This expenditure had originally been authorized in 1982 but had not been acted upon so the funds budgeted reverted back to the General Fund. Roll call: All ayes 8. Ratify Action of City Manager Emergency Purchase of Water Meter Motion by Hentges, second by Norberg to ratify ~he action of the Acting City Manager authorizing the purchase of a 3" turbine water meter with flanges from Water Products for $527. The meter was installed in the Cir-Tech buildinq. Roll call: All ayes 9. Purchase of Treated Timbers Motion by Norberg, second by Hovland to authorize the purchase of 50 8" x 8" x 6' treated pine posts to provide cable barriers along parks from Smith Lumber Company for a total cost of $912. Roll call: All ayes lO. Purchase of Leather Cases for Pagers Motion by Hovland, second by Hentges to authorize the purchase of 48 leather cases to be used to protect the Motorala pagers from J & R Shoe Repair of Anoka at a total cost of $720. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Regular Council Meeting Ju~y 11, 1983 page 33 11. Request for Block Party Motion by Hentges, second by Hovland to authorize a block party to be held Saturday, August 6th from 4:00 pm to 8:00 pm, with barriers set up between the alley immediately west of Reservoir Boulevard and Peters Place, thus restricting through traffic along the majority of Gould Avenue. Roll call: All ayes 12. 1983 Budget Amendment for Recreation Motion by Hentges, second by Petkoff to amend the 1983 Recreation Budget to include a community affairs line item in the amount of $10,000. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 8. Reports a. Report of the City Manager This report was presented in written form. Many of the items on the report were discussed. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Norberg, second by Petkoff to approve the license applications as listed upon payment of proper fee and approve the denial of the application by M. Brandon Construction upon recommendation of the Building Inspector. Roll call: All ayes lO. Payment of Bills Motion by Norberg, second by Petkoff to authorize the payment of the bills as listed out of proper funds. Roll call: All ayes Adjournment meet ayesMotion by Norberg, second by Hovland to adjourn the~ing at~'All nne Student, CouEc~'~l Secretary