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HomeMy WebLinkAboutMar 14, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 14, 1983 The meeting was called to order'by Mayor Nawrockl at 8:00 pm. 1. Rol1 Call Hovland, Petkoff, Norberg, Hentges, Nawrockl--present 2. Invocation The Invocation was offered by Roy Goranson, the Building Inspector. 9' Minutes of Previous Meetings Hotion by Hentges, second by Hovland to approve the minutes of the Regular Council Meet- ing of February 28, 1983, as presented in writing 'and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions A resident of the City shared some of hls observations and concerns regarding three items: use of the Community Development Block Grant funds; minutes of Council meetings as approved for publlcations; and, the State of the City article in the City newsletter. 4a. Proclamation PLayor Nawrocki read a proclamation designating the month of March as Foster Parents Month in the City of Columbia Heights. He made a presentation of a copy of the proclamation to Clara and Chester Shattuck, who have for many years been foster parents in Anoka County. · Ordinances and Resolutlons a. Second Reading of Ordinance No. 1034 Signs on Buildings Facing Parking Lots Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1034 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SIGNS ON BUILDINGS FACING PARKING LOTS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.117A(8) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.117A(8) Si~lns in "LB" Distt'icts (al The creation, erection or use of any sign in the J'LB~ District not exempt under ~9.117A(5) or not expressly enumerated below is a violation of this Section. (b) The following signs are permitted in the "LB'~ District: (I) One (1) wall sign on each side of the building which faces a public street, not to exceed fifty (50) square feet per surface and limited to one (I) surface per sign. (ii) One (1) freestand.|ng sign only If the building or structure ls lbcated twenty feet (20') or more from the front lot line, not to exceed thirty- two (32) square feet per surface, and limited to tva:) (2) surfaces· (iii) One (1) sign on each side of the building which faces a public alley, not to exceed four (4) square feet per surface and limited to one (1) surface per sign. (iv) One (1) area Identification sign for each shopping center not to exceed fifty (50) square feet per surface, and limited to four (4) surfaces, In addition to one (I) wall sign for each primary use business not to exceed Regular Council Meeting March 14, 1983 page 2 fifty (50) square feet per surface, limited to one (1) surface. (c) Permitted sign in the "LB" District are subject to the following restriction{: (il Total sign area shall not exceed two (2) square feet for each front foot of the building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign including its structure shall not exceed twenty (20) feet above the ground. (iii) The sign area permitted in ~9.117A(8)(b)(iv) above shall not be in add- ition to the area permitted in ~9.ll7A(8) (b) (i) and )9. ]17A(b) (i i) and )9. 117A(8) (bi (iii). (iv) The sign number and area permitted by this Section are considered max- imums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property located in the "LB" Dist- rict are absolutely non-transferable to any other property owned, occupied or used by such persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts." shall hereafter read as follows, to-wit: "9. 117A(8) Signs in "LB" Districts (al The creation, erection or use of any sign in the "LB" District not exempt under ~9.117A{5) or not expressly enumerated below is a ViOlation of this Section. {bi The following signs are permitted in the "LB" District: (ii One {1) wall sign on each side of the building which faces a public street not to exceed fifty (50) square feet per surface and limited to one (!) surface per sign. (ii) One ()} freestanding sign only if the building or structure is located twenty feet (20') or more from the front lot line, not to exceed thirty- two {32) square feet per surface, and limited to two {2) surfaces. (iii) One (l} wall sign on each side of the building which faces a public alley not to exceed four (4) square feet per surface and limited to one (1) sur- face per sign. (iv) One (1) area identification sign for each shopping center not to exceed fifty {50) square feet per surface, and limited to four (4) surfaces, in addition to one (1) wall sign for each primary use business not to exceed fifty (50) square feet per surface, limited to one {ii surface. (vi One (i) identification sign for each use other than primary use not to exceed two (2} ~quare feet per surface, and limited to one (1) surface. (vi) One {1) wa1) sign per building with an area of the lesser of twenty (20) square feet or one-half {½) of a square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the sald public entrance and sign faces a parking facility designated by the City as approved public parking. (c) Permitted signs in the "LB" District are subjeCtltO the following restrictions: Regular Council Meeting March lq, 1983 page 3 Tot·! sign area shall not meed two (2) square feet fore ach front foot of the bu/l~inS or structure. In the ease of mul- tiple occupancy, the w·ll surface for each tenant, user or mmer shall include o~ty the surface area ant ha extent facade of the prentses occupied by euch tenant, user or suer. (ii) (iii) (iv) The mxtnunheisht of · sign Sncludin~ Its structure eh&U not exceed twenty (20') feet above the Irade. ~e st~at~ petered ~ JD.llYA(8)~)(~v) able sh~ not be tn addttt~ to the ar~ pe~tted ~ ID.llYA(8)~) (t) and SD.~YA(8) (b) (~) ~d Sg.~7A(8) (b) (~). ~e si~ n~ber and area pe~tted b7 th~s Sect~ are c~ sidered ~xiu~. Theoe mx~,~eo or ~7 potti~ abettors ~tch are not utilized by the ~er(s), occupnt(s) or - user(s) of property ~ocated in the '~" D~strlct are abs~ lutely non-tr~sferable to ~7 other proper~ ~, Occ~ied or used by such person, or to 8~ ethernet(s), occ~t(s) or user(s) of properU ~ the s~e or other Mstflcto. The sign permttted..b.y 'ILi17AC~ICh~CvtI'_ shall not be in ·ddi- tion to the number of signs ctherwise per~itted tn 19.117A(8)(b). Section 2: (vi) The sign area permitted by JD.117ACg)(b)(vi) shall be in addi- tion to the total sign area permitted in JD.117A(8)(c)(i). Section 9.117ACD) of Ordinance No. 853, City Code of 1977, passed June 1977, which reads as follows, to-vii: "9.117A(9) - Signs in "CBD" Districts (a) The creation, erection or use of an7 sign in the #CED" District not exenpt under JD.117A($) or not expressly eounerated belay b · violation of this Ordiu~nce, (b) The follou~n~ si~ns are petn~tted in the ~CBD" District= (ii) One (1) va1! sign on uch aide of the buUdingvlltch fecea.a public street, not to exceed one hundred (100) square feet per surface, end ltntted to one (1) surface pet sire. · One (1) freestanding sign, only ~f the buildtns or structure is located t~ent7 feet (20*) or nors fton the front lot line, not to e. xceed thirty-tvs (32) square feet, and ltn~ted to tvs (2) surfaces. (iii) One (1) va11 sign on each side of the building which feces a public alley, not to exceed four (&) square feet per our- face and l~-~ted to one (l) surface per sign, (iv) One (1) area identification sign for each shoppins center not to exceed one hundred (100) square feet per surface, and l~nited to four (4) aurfaceal one (1) ~Lt sign for e~h pr~ use bus,es, ~t to ~coed ne h~dred (1~) oq~re feet per surface, nd ~ted to ~e (1) ourhce. Regular Council Meeting March lq, 1983 page h (v) One (l) ldeutificatim2 sign for each ue other than 'primry .0 use, usc to uceed tva (2) square feet per outface, and II. tree to one (1) surface, (c) Porn:tried signs ~n the UC3D"'Dlstrict are subject to the follow, nb restrictions: Total sign area shall not exceed tva (2) equate feet for each frOnt foot of buildina or structure. In the case of nultiple occupancy, the vail surface for each tenant, u~er or owner shall include only the surface area on the exterior facade of the pren~tses occupied by such tenant, u~er or mmer. (ii) ,The nax:X.znum height of a sign, including its structures, not exceed tventy feet (20') above the grade. (iii) The sign ere pern,~ttid ~n lg.llYA(b)(tv)shell not be addition to the area pe~tted ~ Ig.ll7A(9)Cb)(t), I9.~7A (iv) The signnunber and area permitted by this Section are con- sidered maximums. These uaxinums, or any portion thereof, vhich are not utilized by the owner(s), occupant(s) or user(s) of property Sn the "C~D" ~istrict are absolutely ferable to ~y other property~ed, occupied or used by such perso~ or any other ~er(s)o occupant(s) er user(s) of property ~n the s~e or other D~str~cts. shall hereafter read as follows, to-vii: "g.l17A(9) ,Signs in "CBD" Districts (a) The creation, erection or use of any sign tn the "COD" District mot exempt under Jg.ll7A($) or not expressly enunereted belov~j a violation of this Ordinance. (b) The folloving eign~ are peru:tried ~n the ~CBD' District: (i) One (1) vail sign on each aide of the buLldingvhich facea.a public street, not to exceed one hundred (100) square feet per surface, end l~mited to one (1) surface per ~iKn. One (1) freestanding sign, on~y if the build(n8 or structure is located twenty feet (20') or nors eton the front lot line, not to exceed thirty-two (32) square feet, ~ud l~tted to cwo (2) ~urfaces. One (1) vail sign on each side of the buildin~vhich faces a public alley, not to exceed four (4) square feet per our- face and l~-~ted to one (1) surface per sim. (iv) One (1) area identif(cation sign for each shopping center not to exceed one hundred (100) square feet per surface, and linited to four (4) eurfacesl one (1) eall sign for each pr(nary use business, not to exceed one.hundred (100) square feet per surface, and ]~m:tted f.o one (1) surface. R~gular Council Meeting March I~, 1983 page 5 O~e (1) ident~fication sign for each use other than prflnary use, not to exceed cwo (2) equate feet per surface, and l~nited to one (1) surface. (vi) One (1) wall Jigs per building with an area of the lesser of twenty (20) square feet or one-half (1/2) of a square foot for each front foot of a building or structure provided that the said sign is located on the sane Bide of the building as 8n en- trance approved by the City Build~n8 Off/chi as a public en- trance and provided that the said public entrance and s~sn faces a parking facility descanted by the City as approved public parking. (c) Per~tted al~ns ~u the #~BD'* DistrAct are subject to the rolls.ag restrictions: (iv) Total ainu area shall usc exceed tvs (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the vail surface for each tenant, user or ,vnet shall ~nclude only the surface area on the exterior facade of the preniaea occupied by such tenant0 user or mmer. The nax~nun height of a airs, including its structures, shall · not exceed twenty feet (20t) above the grade. The ai~n are permitted ~n Jg.llTA(9) ~b) (iv) shall not be ~n addition to the area permitted ~n Jg.llTA(9)(b)(i), Jg.ll?~ (g) (b) (ii), and Ig.l TA(9) (b) The aiKn number and area permitted by this Section are con- sidered maximums. These maximums, or any portion thereof, which are not utilized the o er(s), occupan (s) or user(s) of property in the "CB~" ~istricC are absolutely non-tr~- ferable to ~y other property ~ed, occupied or used by ~ch perso~ or any other ~er(s), occupant(a) or user(a) of property ~n the s~e or other D~stricta. The sign area permitted hy Jg.l17A(9) (b) (vi) shall be in addi- tion to the total sign area permitted in ~9.117A(9)(c)(i). (vi) The sion permitted by Jg.ll7A(9) (b) (vi) shall not be in addi- tion to the number of signs otherwise permitted in Jg.llTA(9)(b). Section 3: Section 9.117A(10) of. Ordinance No. 853, City Code of 19~7, passed June 21, 1977, which reads as follows, to-viC: "9.Ii?A(10) $ilns in "RB" and "CB" Districts The creation, erection, or use of any at~n ~n the 'libt' ~nd nL'B'* D~stricts usc exempt under 19.117A($) or not expressly enunerat below, ~s a violation of this Ordnance. (b) The follov~n~ alp are perAltted ~n the ~" and #~B" I:~.stricta: One (1) wall sl~n on each side of the build~ugvhichfaceo · public street, not to exceed one hundred (100) square feet per surface, l~udted to One (l) surface per si~n. Regular Council Meeting March 14, 1983 page 6 (iii) One (1) freest~nding sim o~ly if tbs building or structure isdB~ 2scared trent7 feet (20') or more free the front lot line, Bet V to exceed seventy-five (75) square feet per surface, and linited to t~o (2) surfaces. f public f~e~, uo~ to ~ceed fo~ (~) oq~re f~t per o~ face ~d l~t~ to ~e (~) surface ~r (iv) One (1) area identification gigs for ~ach shopping center, mot to exceed one hundred (100) square feet per surface, ltnited to four (4) surfacea~ in addition to one (1) vail sign for each prinary use business, not to exceed one hundred (100) square feet per surface, linited to one (1) surface. (v) One (i) identification sign for each use other than prinary use, usc to exceed tvs (2) square feet per surface, and linited to one surface. (vi) Billboards located adJacemt to public streets with speed of forty-five niles per hour (&$ nph) or more, placed mt uininun of f~ve hundred feeC (500') ~e~aZs, nsc to ~ceed three hundred (300) square feet Pet surface ~d l~ted to tvs (2) surfaces. (c) Permitted signs in the "LB" and "GB' Districts are subject to the . following regulations: ?seal signage shall not exceed two (2) square feet for ~ach front foot of building or s~ructure. In the case of nultiple occupancy, the vail surface for each tenant, user or mmer shall include only the. surface area on the exterior facade of the praises occupied by ouch te~nt, ~ere or (ii) The maxiuumheight of a sign, including its structures, shall not exceed thirty feet (30') above the srade. (iii) The sign area permitted in Jg.llYl(10) (h) (iv) shall not be in addition to the area permitted in lg.llYA(10)(b)(i)o ~9.117A(10) (b) (ii), and Jg.llYl(10) (b) (iii). (iv) The sign number and area permitted by this section are con- sidered naxi~,~-. ~hese ~axinuns, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property located in the "LB" and/or "6'B" Districts are absolutely non-transferable to any other property~ed, occupied or used by such perso~ or to ~y other ~er(s), occup~t(s) or ~er(s) of property located ~ the s~e or other Districts. T~ shall hereafter read as follows, to-wit: Re. gular Council Meeting March I/~, 1983 page 7 "9 · 117A (10) Signs in "RB" and "CB" D, istricts (a) The creation, erection, or use of any sign ~n the ~lB" ~nd e~- Districts not except under Ig.ll7A($) or not expressly enunerat bel~, b a violattnn of th~s Ordinance. (b) The follmrLu~ siS~s ere persdtted in the ~lB" and #GB". l~dtr~ctos One (1) vail sign on each side of the building which face] · public street, not to exceed one hundred (100) square feet per surface, l~dted to one (1) outface per alp. (iii) One (1) freestanding sign only ~f the building or structure fi located twenty feet (20') or more free the front lot line, use to exceed seventy-five (75) square feet per surface, and lt~tted to tvs (2) sutfacu. One (1) vail sign on each side of the buLldLu~ which faces a public alley, not to exceed four (&) square feet per our- face and ltntted to one (1) surface per sim, (iv) One (1) area identification sim for each shopping center, to exceed one hundred (100) square feet per surface, l~-~ted to four (&) surfacesl tn addition to one (1) vail sim for each pr~naryuse business, not to exceed one hundred (100) square feet per surface, l~-~ted to one (1) surface. "(v) One (1) identification sign for each use other than pr~nary use, not to exceed tvs (2) square feet per surface, and Ltuited tO one surface, (vi) Billboards located adjacent to public streete v~th speed of forty-fiveu~les per hour (&Smph) or more, placed et a u~tn~nun of five hundred feet (500') intervals, not to exceed three hundred (300) square feet per surface and 2~-~ted to tvs (2) surfaces. (c) (vti~.One O) wall sign per building v/th an area of the lesser of twenty C20) square feet or one-half (1/2) of a square foot for each front foot of a building or structure provided that the said sign ts located on the same side of the building as an en- trance approved by the City Building Official as a public en- trance and provided that the said public entrance and sign faces a parking fscTlity designated by the City as approved public parking. Per~itted signs in the "iL~" and "CB" Districts are subject to the follow/rig regulations: .(ii) Total signage shall not exceed tvs (2) square feet for each front foot of build~ng or structure, In the case of multiple occupancy, the vail surface for each tenant, user or ,vnet shall include only the. surface area on the exterior facade of the premises occupied by such tenants users or ,vnet. The maxinnmhetght of n sign, including its structures, shall not exceed thirty feet (30') shove the grade. Regular Council Meeting March 14, 1983 page 8 (iii) The sign area permitted in ~9.ll7A(10)(b)(lv) shall not be in addition to the area permitted In ~9.117A(lO)(b)(i), ~9. 117A(10)(I01(ii), or ~9.117A(iO)(b)(ili). (iv) The sign number and area permitted by this section are con- sidered maximums. These maximums, or any portion thereof, whlch are not utilized by the owner(s), occupant(s), or user(s) of property located in the "AB" and/or "GB'~ Districts are absolutely non-transferable to any other property owned, occupied or used by such persons or to any other owner(s), occupants(s) or user(s) or property located in the same or other Districts. (v) The sign permitted by ~9.117A(lO)(b)(vil) shall not be In addition to the number of signs otherwise permitted in ~9.117A(lO)(b). (vi) The sign area permitted by ~9.117A(lO)(b)(vii~ shall not be in addition to the total sign area permitted in ~9.117A(IO)(c)(i). Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 28, 1983 Second Reading: March 14, 1983 Date of Passage: March 14, 1983 Offered By: Hentges Seconded By: Petkoff Roll Call: All aye It was noted by the City Manager that this ordinance does not specifically require the sign to face an approved municipal parking lot, but rather that it may also face an approved public parking area. b. Second Reading of Ordinance No. IO35 Limited Intoxicating Liquor Licenses 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 This ordinance would establish a new category of liquor licenses oriented to restaurants. Discussion followed regarding the percentage of profit from liquor and from food receipts. Also discussed was the fee for this license. Motion to amend by Norberg to add to Section 5.505(5) "of equal or greater price." The motion to amend dies for lack of a second. Motion to amend by Hentges, second by Norberg Section 5.505(2) to read: "The annual license fee for limited intoxicating liquor licenses shall be set by resolution of the Council. In the absence of a resolution, the annual license fee shall be $5,400." Mayor Nawrocki inquired if this fee would be prorated and was advised by the City Attorney that it would be. It was noted that the change in the fee was not of enough significance that the ord- inance would require another reading. Councilmember Petkoff felt that the fee for this type of license was too high and would discourage any addltional applicants. Ro11 call on the amendment: Norberg, Hentges, Nawrocki--aye Hovland, Petkoff--nay ORDINANCE NO. 1035 BEING AN ORDINANCE AMENDING ORDINANCE 853, CITY CODE OF 1977, PERTAINING TO LIMITED INTOXICATING LIQUOR LICENSES Section 1: Section 5.505 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currentJy reserved shall herewith read as follows: SECTION 5 LIMITED INTOXICATING LIQUOR LICENSES Re§ular Council Meeting March lq, 1983 page 9 5.505 (i) The provisions of Section 5.503(1)'through 5.503(17) inclusive, With the exceptions of Sections 5.503(7)(g), 5.503(10)(c), and 5.505(12), are ap- plicable in all respects to ali persons licensed or otherwise affected by limited intoxicating liquor licenses except as is otherwise herein spec- ifically provided. 5.505 (2) The annual license fee for limited intoxicating liquor licenses shall be set by resolution of the Council. In the absence of a resolution, the an- nual license fee shall be $5,q00. 5.505 (3) No sale of intoxicating liquor shall be made on premises licensed under this section after 11:00 pm on any day, nor before 8:00 am on any day, nor on any Sunday, nor before 8:00 pm on the day of any statewide election. 5.505 (q) No license shall be granted under this section for a restaurant that: (a) Contains less than 3,300 square feet of building area located on the same floor: (b) Contains a combined dining and waiting area of less than 2~000 square feet: (c) Contains a seating capacity open to the general public of less than 150 seats; or (d) Contains an elevated counter, commonly known as a bar, the primary purpose of which is use as a place where persons may purchase and consume intoxicating liquor. 5.5o (5) No license shall be granted under this section for the sale of any in- toxicating liquor except in conjunction with a food purchase. No person shall sell or purchase intoxicating liquor on premises licensed under this section except in conjunction with a food purchase. 5.5os (6) Any person violating any provision of this Section 5.505 of this Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 and inprisonment for not more than 90 days. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: February 28, 1983 March 14, 1983 March 14, 1983 Offered By: Hentges Seconded By: Hovland Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay c. Second Reading of Ordinance No. 1036 Pertaining to Exempt Signs Motion by Petkoff, second by Movland to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ali ayes It was noted that the only change being proposed would be the exemption of time and temp- erature signs from the provisions of the City's sign ordinance. It was also noted that there were no restrictions of the size of signs presently in the ordinance. Motion to amend by Norberg, second by Hentges to add to Section 9.117A(5) "(N) Two time and temperature signs per building, each sign not to exceed thirty (30) square feet In size.m~ ,tion to amend the amendment by Nawrock~, second by Petkoff to delete from the motion amend the number of signs. Roll call: Nawrocki--aye Hovland, Petkoff, Norberg, Hentges-- nay Motion to amend the amendment fails. Substitute motion to amend by Hovland, second 'by Petkoff that the time and temperature s!gns can be a maximum of two and to allow ~ to twenty (20) square feet per sign and one stgn per side of building. Roll call on subsltute motion to amend: All ayes Regular Council Heeting Harch 14, 1983 page 10. Roll call on main motion as amended: All ayes ORDINANCE NO. 1036 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO EXEMPT SIGN5 Section 1: Section 9.117A(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.117A(5) Exempt Signs: In all districts, tee provisions of this section shall not apply to the following signs: (a) Signs of any governmental unit designed for regulatory and safety purposes. (b) Memorial plaques, cornerstones and hlstorlcal tablets. (c) Political signs in residential areas not to exceed eight (8) square feet per surface, and limited to two (2) surfaces, provided they are displayed not more than thirty (30) days prior to an election or referendum and not more than seven (7) days following said election or referendum for which the sign is being erected. (d) Directional signs not more than t~o (2) in number identifying the location and nature of a building, structure, or use which is not readily vlsible from the street, serving such building, structure, or use on lands form- ing part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in total area. (e) Signs not exceeding nine (9) square feet in area located upon private pro- perty and directed toward the prevention of trespassing. ~ (f) Window signage which does not exceed twenty-five percent (25~) of the tot area of the window on or in which it is displayed. (g) Temporary signs pertaining to dr~¥es or e~ents of eleemosynar¥~ educational or religious organizations, proy[ded.that such signs shall r~t be erected or posed for a period of more than fourteen (lb)' days prior to the date of the event and shall be removed within three (3) days thereafter. ih} Flags or emblems of political, civic, philanthropic~ educational or rel- igious organizations. (_i) Incidental signs. (j) Temporary on-si're signs advertising the sale, lease, or rental of the lot or premises upon which such signs are. situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a rat}o of one. ~) square foot of s~gn area for each one thousand (1,O00) square feet of lot area, but need not be less.than six (6) square feet. No such temporary on--site sign shall..exceed eight (~) square feet nor remain past the date Of termination of such offering. (k) One on-site temporary sign advertising a group of lots for sale within a subdivision or a'group of houses for sa~e ~Jthin a housing project along each street frontage ~hich bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of sixty-four (6q) square feet with no single dimension in excess of sixteen feet (16) or eight (8) square feet per lot or house for sale. No such on-site temp- orary sign'shall remain past the date of sale'of the last lot within the subdivision or the last house within the housing project. (1) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs frontir upon each street which bounds such project shall not exceed a ratio of. Regular Council Meeting March 14, 1983 page 11 t~o (2) square feet of sign area for each thousand (1,000) square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of sixty-four (64) square feet with no single dimension ih excess of sixteen feet (16') or eight (8) square feet per house or 10t on which such construction or demolition is located. The display of such sign shall be limlted to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (m) One (1) wall sign per dwelling for permitted home occupations not to exceed one (I) square foot per surface and limited to one (1) surface." is herewith amended to read as follows, to-wit: 9.117A(5) [xempt Signs: In all districts, the provisions of this section shall not ap- ply to the followlng signs: (a) Signs of any governmental unit designed for regulatory and safety purposes. (b) Memorial plaques, cornerstones and historlcal tablets. (c) Politlcal signs in residential areas not to exceed eight (8) square feet per surface, and limited to t~o (2) surfaces, provided they are displayed not 'more than thirty (30) days prior to an election or referendum and not more than seven (7) days following said election or referendum for whlch the sign is being erected. (d) Directional signs not more than t~o (2) in number identifying the location and nature of a building, structure, or use which is not readily visible from the street, serving such buildlng, structure, or use on lands form- ing part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in total area. (e) Signs not exceeding nine (9) square feet. in area located upon private prop- erty and directed toward the prevention of trespassing. (f) Window signage which does not exceed twenty-five percent (25~) of the total area of the window on or in which it is displayed. (g) Temporary signs pertaining to drives or events of eleemosynary, educational or religious organizaitons, provided that such signs shall not be erected or posted for a period of more than fOurteen (14) days prior to the date of the event and shall be removed within three (3) days thereafter. (h) Flags or emblems of political, civic, philanthropic, educational or rel- igious organizations. (i) Incidental signs. (j) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of one (I) square foot of sign area for each one thousand (1,000) square feet of lot area, but need not be less than six (6) square feet. No such temporary on-site sign shall exceed eight (8) square feet nor remain past the date of termination of such offering. (k) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of houses for sale within a housing project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of sixty- four (64) square feet with no single dimension in excess of. sixteen feet (16') or eight (8) square feet per lot or house for sale. No Such on-site temporary sign shall'remain past the date of sale of the last lot within the subdivision' or the last house within the housing project. (1) Temporary on-site signs indicating thename and nature of a construction or demolition project, plus the names of the contractors, subcontractors Regular Council Meeting March 14, 1983 page 12 and professional advisors, provided the combined area of such signs fronting upon each street which bounds such project shall not exceed a ratio of two (2) square feet of sign area for each one thousand (l,OOO~ square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen feet (16') or eight (8) square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (mi On6 (1) wall sign per dwelling for permitted home occupations not to exceed one (1) square foot per surface and limited to one (1) surface. (n) Time and temperature signs. Time and temperature signs not to exceed twe- nty square feet per sign and one sign per side of building with a limit of two signs. Section 2: This ordinance shall be in full force and effect from and after thirty'(30) days after its passage. First Reading:February 28, 1983 Second Reading: March 14, 1983 Date of Passage: March 14, 1983 Offered By: Petkoff Seconded By: Hovland Roll Call: All ayes d. Resolution 83-06 Master Labor Agreement Between City of Columbia Heights and i.U.O.E. Local No. 49. There was discussion by the Council regarding a list.of job classifications that some felt would be included in the Master Labor Agreement. The classifications suggested for attachment were, foreman, heavy equipment operator, 'light equipment operator and laborer. Motion by Norberg, second by Hovland to waive the reading of the ordinance with the list of job classifications attached there being ample copies available to the public. Roll call: Hovland, Petkoff, Norberg--aye Hentges, Nawrocki--nay Motion to waive the reading fails. The City Manager read Resolution 83-16 RESOLUTION 83-06 REGARDING MASTER LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 BE IT HEREBY RESOLVED that the Columbia Heights City Council accepts amended language to its Master Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, AFLCIO, as regarding Article II, Recognition. The amended language will read as follows: ARTICLE III RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all job classifications listed below whose employment service exceeds the les- ser of 14 hours per week or 35 percent of the norma) work week and more than 100 days per year, excluding supervisory, confidential and all other emp)oyees: Passed this 14th day of March, 1983. Offered by: Norberg Seconded by: Hentges Roll ca)l: All av~s Regular Council Meeting Ma~ch lq, 1983 page 13 e. Resolution 83-07 Authorizing Joint Bidding of Maintenance & Repair Work for Streets This resolution would authorize the City Of Columbia Heights to jointly bid maintenance jnd repair of streets (seal coating of asphalt streets and crack sealing of concrete streets) with the Cities of New Brighton and Frldley. The City Engineer pointed out that the advantage of this joint bidding Is prlmarlly in the economics of a larger package, but that the contracts will still be separate. Motion by Norberg, second by Hentges to waive the reading of the re'solution there being ample copies available to the public. Roll call: A11 ayes RESOLUTION 83-07 AUTHORIZING THE JOINT BIDDING OF MAINTENANCE AND REPAIR WORK FOR STREETS WITH THE CITIES OF COLUMBIA HEIGHTS, FRIDLEY AND NEW BRIGHTON. WHEREAS, certain maintenance and repair of concrete streets to Include panel replacement and joint sealing and seal coating of asphalt streets are required; and WHEREAS, the combination of these requirements into a single request for competitive sealed bids is desirable to obtain quantity economics; and WHEREAS, it is the desire of the cities of Columbla Heights, Fridley and New Brighton to solicit bids by a single request for bids in accordance with the following procedures: 1. Any municipality desiring to contract for the purchase of any materials, supplies or work in cooperation with the other municipalities which are parties to this agreement shall, by its representative, notify the other municipalities of such desire, Indicating the Items and the quantity. 2. If two or more of such municipalities decide to cooperate In the joint bidding, the ~blic Works Director' of the participating municipalities shall prepare the necessary ans and specifications, submit the same to the partlcipating municipalities for their approval, and following such approval by each participating municipality, the Public Works Directors of the participating municipalities shall advertise for bids In the name of all participating municipalities. All solicitations or advertisements for bids, together with the awarding of said bids, shall be done in accordance with established practice and ap- plicable laws. 3. Within five days after the receipt of bids, the Public Works Directors of the partici- pati~g municipalities shall determine which, in their opinion, is the best bid submitted, and they shall notify each of the participating municipalitles of their findings. 4. After receipt of the recommendation of the Directors, or after the expiration of four- teen days, whichever occurs first, any municipality desiring to execute a contract shall award the contract to the bidder which it determines to be the lowest responsible bidder', and each participating municipality shall enter into a separate contract with the succes- sful bidder for the materials, supplies or work advertised. Inasmuch as the purpose of this Agreement is to allow the participants to benefit from purchasing labor and materials in larger quantities, each municlpality agrees to order and pay for the estimated quantities of goods, materials, supplies and labor purchased for them under this Joint Agreement as initially requested by them; consistent with their actual needs. 5. All advertising costs in connection with the proposed purchase of any materials, sup- plies or work shall be borne equally by the participating municipalltles. Not withstanding any other language to the contrary, each municipality reserves the ht to reject any or ali bids, in whole or in part, in connection with the proposed ntract or any materlals, supplies or work. 7. It is understood and agreed that each participating municipality will make Its own Regular Council Meeting March 14, i~83 page 14 separate contract with the successful bidder, that each participating municipality shall only be liable to the successful bidder for materials, supplies or work contracted for by such municipality without any liability for purchases contracted for by any other par- ticipating, and each successful bidder shall be required to bill each participating muni- cipality directly for the materials, supplies or work ordered by it. 8. In the event of any dispute between the municipality and a successful bidder arising after a contract has been executed, such dispute shall be handled by and between the par- ticular municipality affected and the contractor. 9. By agreement of all the parties hereto any other municipality may become a participant to this procedure. 10. Each party hereto further agrees to save harmless any of the other parties hereto suffering loss or damage with respect to the contract supplier for failure to pay for any items actually ordered or failure to take the amount initially designated by such party and included in the award on behalf of such party pursuant to this contract. BE IT RESOLVED by the City Council of the City of Columbia Heights, as follows: 1. That the Public Works Director is hereby authorized to work with the Public Works Directors of the cities of Fridley and New Brighton in the development of plans and specifications for joint bidding of concrete street maintenance and repair and asphalt street sealcoating. 2. That consolidated advertisement of bids for concrete street maintenance and repair and asphalt street sealcoating is authorized between the cities of Fridley and New Brighton. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THIS 14th DAY OF MARCH, 1983. Offered by: Norberg Seconded by: Hentges Roll call: All ayes ATTEST: CITY OF COLUMBIA HEIGHTS Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Robert S. Bocwinski, City Manager f. Resolution 83-08 A~n, endlng Contract Between fiN/DOT and City of Columb[a He.[ghts I~otion by Norberg, second by Hovland to waive the reading of the resolution there being ample copies available to the publ[c. Roll call~ All ayes RESOLUTION 83-O8 A RESOLUTION AMENDING CONTRACT #61012 BETWEEN THE MINNESOTA DEPARTMENT OF TFLANSPORTATI, ON AND THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED that the Mayor and Ci'ty~anager be authorized to execute the tached Amendment #[ to Contract #61012 between the Minnesota Department of Transportation (~N/DOT~ and the City of Columbia Heights. Passed this 14th day of Batch, 1983, Offered by: Norberg Seconded by: Petkoff Regblar Council Meeting March lq, 1983 page 15 Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor I hereby certify that the aforegoing resolution Is a true and correct copy of the resolu- tion presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 1.qth day of March, 1983 as sho~n by the minutes of said meeting in my possession. William J. Elrite, Finance Director- City Clerk/Treasurer g. Resolut. ion 83-09 Regarding ~'Oay Labor Bi11" Motion by Hentges, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 83-09 ~HEREAS, the City Council of the City of Columbla Heights Is the governing body of the City of Columbia Heights; and, ~HEREAS, a Day Labor Bill has been introduced into the State of Minnesota Legislature; and, ~HEREAS, it is the City Council's responslbility as elected officials to provide the level of service of various municipal functions as desired by constituents at an economical cost; and, EREAS, the Day Labor Bill removes the authority of the elected official to determine a feasible and e'conomical means of providing service to its constituents; and, ~HEREAS, a recent survey indicates that cities are already contracting out work they have determined feasible and economical; and, WHEREAS, the Bill would place another administrative burden on the'City; and, ~HEREAS, the availibility of contractors for year round bidding may be uncertain; NOW THEREFORE, BE IT RESOLVED that the ~ity Council opposes the passage of the Day Labor Bill as introduced in the State Legislature; AND BE IT FURTHER RESOLVED that the City Council opposes restrictions on the City as regards their authority to determine appropriate methods of service delivery to their constituents. Passed and adopted this 14th day of March, 1983. Offered by: Seconded by: Roll call: Hovland Petkoff Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--abstain Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor h. Resolution 83-10 Regarding Opposition to U.S. Senate Bill S.66 Mayor Nawrocki read resolution 83-10. RESOLUTION 83-10 REAS, the cities of Columbia Heights and Hilltop have for the past four years Invest- igated cable communications and decided to seek a joint franchise; and, WHEREAS, a franchise was prepared based upon a needs assessment of the community and which reflects the desires of residents; and., ~HEREAS, cable communications Is a vital means and integral part of communications among citizens and among co~unity Institutions; and, Regular Council Meeting March 14, 1983 page 16 WHEREAS, cable companies must utilize public rights of way to enter upon prlvate prop-- erty; and, WHEREAS, the cities of Columbia Heights and Hilltop are committed and dedicated to assuring citizens quality cable communications service, local programming, access Channels reasonable costs, and fees to finance local access programming and franchise administration; and, WHEREAS, the cities of Columbia Heights and Hllltop have established an excellent relat- ionship with its franchise company (Group W Cable) based upon principles of fairness and reasonableness; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Helghts ex- presses its concerns regarding deregulation of cable communications and the need for local input and regulation. 1. The City opposes deregulation of cable communications since it jeopardizes local autonomy, identity, use of public facilities, etc.. 2. That the process of deregulation is proposed to occur at the wrong level of government. Federal legislation should emphasize the grass roots approach by emphasizing local regulation and de-emphasizing federal regulation. 3. That the community access to cable communications be preserved and protected so as to assure residents the availability of access channels and programming. 4. Rate regulation should occur at the local level since this in and of itself will be an effective tool to assuring residents of quality cable communications services and programming. 5. Cable franchising authority must be preserved in order to provide communities an opportunity to seek good reputable cable franchise companies and to maintain a spirit of competition among franchise companies. 6. Deregulation of rates for basic service would be counterproductive and to the detriment of cable subscribers and citizens since the nomenclature of basic service in not universally defined. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THIS 14th DAY OF MARCH, 1983. Offered by: Seconded by: R011 call: Petkoff Hentges Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay CITY OF COLUMBIA HEIGltTS ATTEST: Bruce G. Nawrocki, Mayor Robert S. Bocwinski, City Manager Jo-Anne Student, Council Secretary Councilman Norberg felt that the regulation of cable TV belongs under the FCC. 6. Communications a. Planning and Zoning Commission i. John Moneta, 233 42nd Avenue Variance and Site Plan Denial Mr. Moneta requested a variance of 1,398 square feet of land area from the required total land area of 44,250 square feet to allow construction of a 2l-unit condominium and was de- nied by the Planning and Zoning Commission because of nonconformance with land area .require ments and lack of a hardship shown. D~scussion fo) lowed regarding this matter~ Councilmar Norberg questioned the lack of hardship as cited by the Planning and Zoning Commission.~ Motion by Norberg to grant the variance request of Mr. Moneta of 1,39B square feet. dies for lack of a second. Regular Council Meeting March lq, 1983 · page 17 Motion by Hentges, second by Hovland to deny the appeal of the Planning and Zoning Comm- sionts denial of the requested variance. Roll call: Hovland, Petkoff, Hentges, Nawrockl-- Norberg--nay Mayor Nawrocki expressed the hope that the Planning and Zoning Commission would, in the future, look very closely at the history of the proposals previously considered by this property owner and performance practices as well as how much usable space was being con- sidered for development and density. Paul's APCE Service 573 both Avenue Conditional Use Permit/Variance Motion by Petkoff, second by Mentges to approve the variance request and the conditional use permit in compliance with staff recommendations, which are as follows: a. The applicant obtain a survey of the subject property, prepared by a registered land surveyor. b. The applicant submit a proposed grading plan for approval by the City Engineer. c. The applicant submit a proposed landscape plan for the southeast corner of the property for approval by staff. d. The applicant provide a continuous permanent concrete curb along the east property line adjacent to the alley. e. A q2-inch screening fence (approximately 25 feet In length) be constructed along the north property line from the end of the six foot proposed screening fence Seventh Street; and, in accordance with the recommendations of the Planning and Zoning Commission. Motion to amend by Hentges that this matter be referred to the Engineering Department to look into the curb cut on qOth Avenue nearest Seventh Street. Motion to amend dies for lack of a second. Roil call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstaln ;ESS: 11:30 pm [CONVENE: 11:q5 pm b. Traffic Commission Minutes of the Traffic Commission meeting of March 7, 1983 were received by the Councll for its review. c. Insurance Committee Regarding Revising Existing Ordinance Dealing with Insurance Committee Membership It was decided this matter will be discussed at a Council work session. 11:30 Rule Motion by Hentges, second by Hovland to dispense with the 11:30 rule and continue with the agenda. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 7. Old and New Business a. Old Business 1. Amendments to City Charter Wednesday, March 23rd was selected as a date for a Special Council Meeting that would ad- dress the recommendations of the Charter Commission for amendments to the Charter. 2. Proposed Traffic Signals at 52nd and Central Avenue The City Engineer gave the staff recommendations regarding the proposed traffic signals ~52nd and Central Avenue with additional Information he had received Mil/DOT. ion by Hentges, second by Movland to concur with staff recommendations and to pay for these signals out of State Aid funds if allowable. Roll call: Rll ayes Regular Council Meeting March 14, 1983 page 18 b. New Business 1. Preliminary Infiltration and Inflow Study Copies of the preliminary report on the I & I Study were received by the Council. The , City Engineer addressed some of the information contained in the study. No Council ac- tion on this study was taken. 2. Authorization to Install Emergency Lighting at Murzyn Hall Motion by Petkoff, second by Hovland to award the work for the installation of emergency lighting at Murzyn Hall to Heights Electric, Inc., at a total cost of $3,O75.OO, based on low informal quotation; and to authorize the Mayor and City Manager to execute an agreement with Heights Electric, Inc., for same. Councilman Norberg inquired what the cost benefit of this lighting would be and was ad- vised by the City Manager that there was no cost benefit that he was aware of, but this installation was for the safety of the general public. Motion by Hentges, second by Norberg to table this matter. Roll call: Norberg, Mentges-- aye Hovland, Petkoff, Nawrocki--nay Motion to table fails. Roll call: Hovland, Petkoff, Nawrocki--aye Norberg--nay Councilman Hentges was not in the Council Chambers at the time the roll call was taken. 3. Authorization to Seek Bids for Miscellaneous Road Materials Motion by Petkoff, second by Hovland to authorize the City Manager to seek bids for the purchase of miscellaneous road materials. Roll call: All ayes 4. Conferences and'Seminars: North Central Regional Association of Assessing Officers Motion by Petkoff, second by Hovland to authorize the attendance of Karen Meuleners, City Assessor, at the North Central Regional Association of Assessing Officers Eighth Annual Conference, April )9-2), 1983 at Madison, Wisconsin; and furthermore, that costs not to exceed $330.00 be reimbursed. Discussion followed regarding transportation and the City Manager advised that e city car will be used if one is available. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 5. Establish Day for Public Hearing Regarding Public Improvements on Part of Stinson Bou)evard Motion by Norberg, second by Petkoff to ratify the action of the City Manager establish- ing March 28, )983, at 7:00 pm as a date for e public hearing to consider pub) lc impro- vements on that portion of Stinson Boulevard included in the Innsbruck Third Addition; such hearing to be held in the City Council chambers. Ro)) call: Al) ayes 6. Exclusive Negotiations Agreement on University Avenue Site The HRA had recommended to the City Council that the City enter into an agreement with P.J. Geughan giving him exclusive rights to negotiate with the City for development of the City-owned property in the area of University Avenue and 40th. This agreement would be for a period of ninety days. Motion by Hentges, second by Petkoff to concur with the HRA recommendations and to enter into a ninety day Exclusive Negotiations Agreement with P.J. Gaughan for the property in the area of University Avenue and 40th. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain Since there is also school-owned property In this~area the Mayor recommended that there be established a Joint Advisory Committee with members from the City Council and from the School Board to serve as a liason between the two bodies for any development and in-put needed. Motion by Petkoff, second by Hentges to concur in the establishment of a Joint Advisory Committee and to appoint as representatives from the City Council Councilman Hovland and Councilmen Hentges. Councilman Hovland is the Council representative on the Planning and Zoning Commission and Councilman Hentges is the Council representative on the HRA. This would provide additional liason with these two bodies. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--absteln Regular Councll Meeting ~March 14, 1983 page 19 7. Purchase of Motor 011 Motion by Norberg, second by Hentges to authorize the City Manager to purchase 800 gal7 ilons of motor oil at total cost of $1,832 from the Pennsylvania 011 Company. This pur- chase is being made off of the state contract. Roll call: All ayes 8. Cable Communications Commission Request The Cable Communications Commission requested that the Council consider seeking a sec- retary to serve the needs of the Commission. It was felt that the subject matter dis- cussed and the details of the Commission functions required a recording secretary who could keep records of the Commission activities. Discussion followed regarding salary and hiring practices. Salary for this posltlon would come from the franchise fees. Motion by Petkoff, second by Hovland to authorize the City Manager to seek secretarial service for the Cable Communications Commission and report back to the Councll. Roll call: Petkoff, Hovland, Nawrockl--aye Hentges--nay Norberg--a~staln 8. Reports a. Report of the City Manager This report was submitted in written form. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9' Licenses Motion by Norberg, second by Hovland to approve the llcenses as listed upon payment of proper fees, and to deny the taxi cab driver license for dohn Clifford Ewer, as recom- mended by the Police Department. Roll call: All ayes OJO. Payment of Bills Motion by Hentges, second by Hovland to approve the bllls as listed with payment out of proper funds. Roll call: all ayes Adjournment Motion by Hentges, second by.Norberg to adjourn the meeting, at 1:25 am..~/oll call: All Nawrocki, Mayor e Studen{, CounCil-Secretary