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HomeMy WebLinkAboutFeb 28, 1983OFFICIAL PROCEEDINGS COLUHBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 28, 1983 · meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Hentges, Nawrocki--present the Council that Councilman Norberg was 1)1. Norberg--absent Mayor Nawrockl advised 2. Invocation The Invocation was offered by City Attorney, Ron Kalina. 3. Ninutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the Regular Council meet.lng of February 14th; and the Fire Relief Association~-Volunteer Division of February 14th, as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions There were no oral petitions. 5. Ordinances and Reso'lut'ions a. Second Reading of Ordinance No. 1032 Pertaining to Minimum Floor Area Requirements for Premises Licensed for Liquor. Ordinance No. 1032 did not receive a second reading at the previous Council meeting as there were significant changes in the revised version as prepared by the City Attorney. ootion by Hentges, second by Petkoff to not give Ordinance No' IO32 a second reading, but o give Ordinance No. 1035 a first reading. Roll call: HoVland, Petkoff, Hentges--aye Nawrocki--nay The changes that were made to the original ordinance were discussed by the Council and some interested parties in attendance at the meeting. Notion by Hentges, second by Hovland to waive the reading of Ordinance No. 1035 there being ample copies available to the public. Roll call: all ayes Mayor Nawrocki stated that he may have a difficult time supporting this ordinance in that he feels it makes the licensing policy in the City more loose rather than tightening it up. ORDINANCE NO. 1035 BEING AN ORDINANCE AHENDING ORDINAI~CE NO. 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 currently reserved shall herewith read as follows: SECTION LIMITED INTOXICATING LIQUOR LICENSES 5.505 (1) The provisions of Sections 5.503(1) through 5.503(17) inclusive, with the exceptions of Sections 5.503(7)(g), 5.503(10)(c), and 5.503(12), are app- licable in all respects to all persons licensed or otherwise affected by limited intoxicating liquor licenses except as is otherwise herein spec- iflca11¥ 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 $4,100.O0. Regular Council Meeting February 28, 1983 page 2 5.505(3) No sale of intoxicating liquor shall be made on premises licensed under this section after 11:OO 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 state wide election, 5.505(4) 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 to use as a place where persons may purchase and consume intoxicating liquor. 5.505(5) No license shall be granted under this section for the sale of any intoxic- ating 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. 5.505(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 imprisonment 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: February 28, ]983 b. Second Reading of Ordinance No. 1033 Pertaining to Clubs Motion by Hovland, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ali ayes ORDINANCE NO. 1033 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CLUBS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.112(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.112(]) Within the "CBD" District no structure or land shall be used except for one (1) or more of the following uses: Permitted Principal Uses Businesses providing the following sales and/or services: (a) Antiques (b) Appliance sales and service (c) Art and school supplies (d) Bakery goods (e) Banks " Regular Council Meeting February 28, 1983 page 3 (fl (h) (il (3) (k) (il (n) (al (p) (q) (al (t) (u> (v) (~) (x) (-) (aa) (bb) (cc) (de) (eel (~) (h~) (i~) (33) (~) (-~) (aa) (oo) (~p) (qq) (:~) (as) (tt) (uu) (w) (~) (zz) (aaa) (bbb) (CCC) (ddd) (eee) (fff) (s~) (hhh) (ttt) Barber Shops. Beauty Parlors. Books end office supplies. Bowling Alleys. Broadcasting studio. Business School. Bus and Transportatlon center. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks, but not where a drive-in service is provided. Camera and photographic sales end repair. Carpets end rugs. Clubs. Coins end stamps. Costume and formal wear rental. Delicatessen. Department stores. DrugS. Dry cleaning end laundry pick-up locations Including incidental pressing and repair. Dry cleaning and laundry self-servlce facility. Employment agency. Florist Shop. Floor covering. Frozen foods, not includlng a locker pleat. Furniture, includlng upholstery, ~hen conducted as a secondary use. Fur products end the processing of furs when directly related to retail sales from the site. Gifts or novelties. Glass, china and pottery. Grocery, fruit and'vegetables. Hardware. Hobby crafts Including handicraft classes. Hotel. Interior decorating studio. Jewelry, time pieces end repairs. Leather goods end luggage. Library, both public and private. Liquor store (off-sale) Meat ~arket. but not Including processing for a locker p~ant. Musical Instruments and repairs. Newsstands. Offices-business end professlonal. Offices-governmental. Paint, wallpaper and related materials. Pet shop. provided the operation shall not include the boarding of pets for · fee. the maintaining of pens outside of the building or the operating so as to cause an offenslveodor or noise. Photographic studio. Pipe end tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand square feet of gross floor area. Pool halls. Records, televislon~ radio, hi-fi end recordlng equipment. Savings and loan offices. Sewing machine, related equipment end sewlng classes. Shoes end shoe repair. Sporting goods. Stationery sueolles. Regular Council Meeting February 28, 1983 page 4 (JJJ) (kkk) (zzz) (~) (~) (aaa) (ppp) Tailor shop. Theater, not of drive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. ,, is herewith amended to read as follows, to-wit: g.~2(1) Within the "CBD" District no structure or land shall be used except for One (i) or more of the following uses: Permitted Principal Uses Businesses providing the following sales and/or services: (a) (b) (c) (d) (e) (h) (5) (k) (n) (n) (o) (p) (q) (r) (s) (t) (uS (v) (w) (x) (y) (z) ' (aa) (bb) (cc) (rid) (ee) iff) (~:)_. (hh) (3J) Antiques. Appliance sales and service. Art and school supplies Bakery goods. Banks Barber S~ops. Beauty Parlors. Books and office sup~lles. Bowllng Alleys. Broadcasting studio. Buslness School. Bus and Transportation center. Candy, Ice cream, popcorn, nuts, frozen desserts end soft drinks, but not where a drive-in service Is provided. Camera and photographic sales and repair. Carpets and rugs. Tennis, racquetbaii, handbaI1, tabIe tennis and boxing clubs along with clubs defined by Hinneaota Statute J340.07, Subd. Coins and stamps. Costume and formal wear rental~ Delicatessen. Department stores. Drugs. Dry cleanlng and laundry plck=up locations Including Incidental pressing and repalr. Dry cleanlng and laundry self-service faclllty. Employment agency. Florist Shop. Floor covering. Frozen foods, not including a locker plant. Furnlture, including upholstery, when conducted as a secondary use. Fur products and the processing of furs when directly related to retail sales from the site. Gifts or novelties. Glass, china and pottery. Grocery, fruit and vegetables. Hardware. RegUlar Council Meeting February 28, 1983 page 5 (un) (oo) (ppi (qq) (rr) (as) itt) (uu) (wi (wi (aaa) (bbb) (ddd) (eee) (gsa) (iii) . (kkk) (~.~.~) (,,,,,,~) (,-~) (ooo) (PPP) Hobby crafts Including handicraft classes. Hotel. Interior decorating studio. Jewelry, time pieces and repalrs. Leather goods and luggage. Llbrary, both public end private. Liquor store (off-sale) meat market, but not Including processing for · locker p}ant. Huslcal Instruments end repairs. Newsstands. Offices-business end professlonal. Officesogovernmental. Point, wallpaper and related materlals. Pet shop, provided the operation shall not Include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offenslve odor or noise. Photographic studio. Pipe end tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area. Pool halls. Records, television, radio, hi-fl and recording equlpment. Savings and loan offices. -Sewing mochlfle, related equipment and sewing'classes. Shoes and shoe repalr. Sporting goods. Stationery supplies.' Tailor shop. Theater, not of drlve-in variety. TelevlsJon studio. Toys. Transportation center. Travel bureau. Variety store. Section 2: Section 9.112(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977,' ~htch reads as follows, to-vii: h9.112(2) Condltlonal Uses Vithln any "CBD' Builness DIs~rlFt, no structure or land shall .be used for the following uses except by conditional use permit, · (~). Accessory structures. Cb) i~ell lng u~lts provlded: ~) The units do not occupy the first floor. That · roof Intended for usable space shall be enclosed by · wall or fence not less than flve (5) feet In helght.' Regular Council Meeting February 28, 11983 page 6 (c) Open sales 1·ts provided that: The lot Is surfaced ·nd graded according to · p.lan submitted by the ·ppllr~nt ·nd ·pproved by the City £nglneer. The assembly, repair, or manufacture of goods shall not occur within an open sales lot. If the operation of the open sa]es lot be self-operated ~r automated in total or in part, · site plan shall be submitted Indicating the 1·cation of such devices. · - There is located thereon a building devoted to and used In such sales use whlch Is at least as large In floor ar. as such occupation and use. (d) Off-street parking 1·ts subject to Section 9.1.1.6(2). (e) Parking ramps. (0 Public utility structures. Vending machlnes (coins operated) t~ether they be for servlceor prodluct shall bepermltted Inside of · building; when located outside of buIIdl~g they' shall be considered ns · bulldlng end conform to ·11 applicable regulatlons. Should the vendlngmachlne bee the principal use on the slte, off-street parking shall be provided at · ratio of one (I) space for each t~o vending devices. Restaurants, c~fe, tea roo~ tavern,bar, provided sald desIBn to only serve custo~rs seated ·t tables~ counters or booths. (i) AFc. adee" is herewith '-gen. ded to read as follows, to-wit: "9.112(2) · .Condltlonal Uses; lmm Vlthln any "CBD" Business tZls.trl.ct, no structure or land sha11 .be used for the foil·wing uses except by condltlonal use permit. ' (b) Accessory structures. I:~ellln9 u~Its provided: :t) The units do not occupy the flrst floor. :Lt.) Tlhat · roof Intended for usable space shall be enclosed by a wall or fence not less than fly· (5) feet In helght.' Reg.ular Council Meeting February 28, 1983 page 7 (c) Open sales lots provided that: (ii The lot is surfaced and graded according to a plan submitted by the ap- plicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur wlthin an open sales lot. (iii) If the operation of the open sales lot be self-operated or automated in total or part, a site plan shall be submitted indicating the locatlon of such devices. (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (el Parking ramps. (fi Public utility structures. (gl Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all appllcable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. (hi Restaurants, cafe, tea room, tavern, bar, provided said design is to only serve customers seated at tables, counters or booths. (ii Arcades (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhi- bitions are possible." Section 3: This ordinance shall be in full force and effect from and after t6irty.(30) days after its passage. First Reading: February 14, 1983 Second Reading: February 28, 1983 Date of Passage: February 28,1983 Offered by: Seconded by: Roll call: Hovland Petkoff Hovland, Petkoff, Nawrocki--aye Hentges--nay Norberg--absent It was noted that upon adoption of Ordinance 1033 that either the owner or the applicant would be required to seek a 14-space parking variance from the Planning and Zoning Com- mission. c. First Reading of Ordinance No. 1034 Pertaining to Signs on Buildings Facing Parking Lots Motion by Hentges, second by Petkoff to waive the reading of the ordinance there being ~mple 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 Regular Council Meeting February 28, 1983 page 8 The City Council of the City of Columbia Hetahts does ordain: Section 1: Section 9.117A(8)iof Ordinance No. 853, City Code of 1977, passed June 1977 which reads as follows~ to-wit: "9.i17A(8) SLims in "LB" Districts (a) The creation, erection or uae of any sign in the ~LB" District not exempt under Jg.ll7A($) or uss expressly enumerated belay is a violation of this Section. (b) The following signs ere per3n/tted /n the "1~" District: (c) One (1) va11 sign on each aide of the bullding~d~lch faces a public street, not to exceed fifty ($0) square feet per surface and lin/ted to one (1) surface per sign. (ii) One (1) freestanding sign on/y if r~e building or structure is located t~aenty feet (20') or more fro~ the front lot line, not to exceed thirty-tvs (32) square feet per surface~ sad limited to tvs (2) surfaces, (:L/i) One (1) wall sign on each side of the building vhich faces a public alley, not to exceed four (4) square feet per sur- face and lindted to one (1) surface per sign. One (1) area identification sign for each shopping center not to exceed fifty (~0) square feet per surface, and limited to four (4) surfaces, in addition to one (1) vail sign for each priory use business not to exceed fifty (~0) aqLmre feet per surface, limited to (1) surface. (v) One (1) identification sign for each uae other than primary use not to exceed ~vo (2) square feet per surface, and limited to one (1) surface. Fer~i~ted signs in the "LB" D/strict are subject to.the following restrictions: (i) TotaZ aiLm area ahall not exceed t~o (2) square feet for each front foot of the butl~tn~ or structure. In the case of ~ul- tiple occupancy, the wall surface for each tenant, user or o~-~er shall include on/y the surface area on the exterior facade of the praises occupied by such tenant, user og mmero (itl) T~e ~axinun height of a sign including its structure shill not exceed t~enty (20') feet above the grade. (iii) The sign area pernttted in Jg,llTA(8)(b)(tv) above shall not be in add/zion to the area permitted in Jg.ll7A(8)(b) (i) end Jg,llTA(8) (b) (ii) and Jg,I~lTA(8) (b) (iii). Regular Council Meeting February 28, 1983 page 9 (iv) The sion uunber and area pendtted b7 this Section are sidered uaxiuuns. These uexb,---, or ant portion thereofo vhich are not utilized b7 the avast(s), occupant(s) or user(s) of property located in the '%1~" District are abso- lutely non-transferabh to Any other property owned, occupied or used by such persons, or to an7 other owner(s), occupant(s) or user(a) of property h the sane or other shall hereafter read as fellows, to-wit: "9.117A(8) }tBns in "LB" Districts (a) (c) The creation, erection or uae of any sign tn the #~" District not exempt under Jg.117A($) or not e~'press17 enuuerated belongs a vio3ation of this Section, (b) The folloving stKus ere per~ttted ~u the 'q-B" District: One (1) vall siFn on each side of the bullding~aich faces a public street, not to exceed fifty (50) square feet per surface and l~uited to one (1) surface per sl~n. (ii) One (1) freestandhg sign on27 if ~he bufldhg or structure is located twenty feet (20') ors ore fron the front lot line0 not to exceed thirty-two (32) square feet per surface, and l~nited to tvs (2) surfaces. One (1) va11 sign on each side of the buildhgvhich faces a public alley, not to exceed four (4) square feet per sur- face and li=dted to one (1) surface per siLm. (iv) One (1) area identification sign for each shopping center not to exceed fifty (50) square feet per surface, and la. Lied to four (&) surfaces, h addition to one (1) van sim for each pr/~ary use business not to exceed fifty (50) square feet per surface, l~tted to ~e (1) surface. (v) One (1) identification sign for each use other than primary use not to exceed wa (2) square feet per surface, and l~Lted to one (1) surface. (vi) One (1) wall sign 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 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 facility designated by the City as approved public parking. Permitted signs in the "LB"District are subject to the following restrictions: Regular Council Meeting February 28, 1983 page lO Section 2: (i) Total sign area shall not exceed t~o (2) square feet for each front foot of the building or structurs. Zn the case of mul- tiple occupancy, the wall surface for each tenant, user or o~er shall include only the surface area on the exterior facade of the preniaes occupied hyeuch tenant, user or e vnet. (ii) The naxinun height of m aiLm including its structure sha~l not exceed t~enty (20') feet above the grade. (:iii) (iv) The SiLgO area pernitted in J9.117A(8)(b)(iv) above shall not be in addition to the area permitted in Jg.l17A(8)(b) (i) and Jg.llTA(8) (b) (ii) and Sg. LtTA(8) (b) (iii). The siFa nunber and area permitted by this Section are eon- sidered naxinu~s. These naxin,--e, or ~y portion thereof, vhich are not utilized by the ~er(s)~ oecup~(s) or user(s) of property located in the '~" District are lu~ely uon-tr~sferable to ~y othe~ p~oper~ ~ed, storied or used by such person, or to sn~ other ~er(s), occ~ent(s) or user(s) of property ~ the s~e or other Districts. ~v) The sign permitted.by li. llTACa) ChlCvili. shall not be in addi- tion to the number of signs otherwise permitted in §9.117A(8)(b). (vi) The sign area permitted by Jg.llTAC8) (b) (vi) shall be in addi- tion to the total sign area permitted in §9.11?A(8)(c)(l), Section 9.117AC9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.117A(9) - S.itns in "CBD" Districts (a) ~e creation, erection or uae of any siam in the "CBD" District not exempt under Jg.llTi(5) or not expressly enunerated belov ia a violation of this Ordinance. (b) The follcreing siena are permitted in the ~CBD" District: (i:l) One (1) vel1 siFn on each aide of the building vhich faces.a public street, use to exceed one hundred (lO0) square feet per surface, and limited to one (1) surface per si~n. One (1) freestandini ai~n, only if tbs building or structure is located t~enty feet (20') or nors iron the front lot 2ins, not to exceed thirty-Cvs (32) square feet, &~d lV-Vced to two (2) surfaces. (iii) One (1) wall SiLm on each aide of the building vhichfaces a public alley, not to exceed four (&) square feet per sur- face and liuited to one (1) surface per slim. (iv) One (1) area identification sikh for each shopping center not to exceed one hundred (100) square feet per surface, and lt~niced to four (&) surfaces; one (1) vel1 sikh for each primary use business, not to exceed one hundred (10O) square feet ~er surface, sod l~-~ted to one (1) surface. Regular Council Meeting February 28, 1983 page ll (v) One (1) identification sign for each use other tban'prfAt~7 use, not to exceed ~vo (2) equate feet per surf&cam and lf2n~ted to one (1) surface. (c) Pern~tted slKum ~n the nC~D"'Dlstrict are subject to Che rolls.ag restrictions: Total sign area shall not exceed tvs (2) equate feet for each front foot of building or structure. In the came of multiple occupancy, the vail surface for each ten~nt, user or o~ner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or mmer. (ii) ,The mxinun height of a sign, including its structures, shall not exceed twenty feet (20') above the grade. The sign are per dtt&d in Jg,I17A(b)(iv). shall not be addition to the area pernitted in Jg.llYA(9)(b)(i), Jg.ll?A (9) (b) (ii), and Jg.llYA(9) (b) (i~L). (iv) The sign number and area pernitted by this Section are con- sidered uximuns. These maximums, or any portion thereof, which are not utilized by the o~ner(s), occupant(s) or user(s) of property ~n the "CBD" D~stricc are absolutely non-tr~- retable ~o ~y o~her proper~y ~ed, occupied or used by such perso~ or any other ~er(s), occupant(s) or user(s) of proper~y in ~he s~e or o~her shall hereafter read as follows, to-wit: "9.117A(9) Signs in "CBD" Districts The creation, erection or use of any sign in the "CED" District not exempt under Jg.llYA(5) or not expressly enumerated belov~o a violation of this Ordinance. (b) The following sikhs are per~itted ~u the "CB~' District: (ii) One (1) vail sign on each side of the building vhich faces.a public street, usc to exceed one hundred (100) square feet per surface, and limited to one (1) surface per ~igu. One (1) freestanding sign, only ~f the building or structure is located twenty feet (20') or more from the front lot line, not to exceed thirty-tvs (32) square feet, and lin~ted to two (2) surfaces. (iii) One (1) vail sign on each side of the building vhich faces a public alley, not to exceed four (&) square feet per our- face and l~ted to one (1) surface per elan. (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 (&) surfaces; one (1) vail sign for each primary use business, not to exceed one.hundrad (100) square feet per surface, and 1S~tted to one (1) surface. Regular Council Meeting February 28, 1983 page 12 Section 3: iv) One (1) identification sign for each use other than primary use, not to exceed two (2) square feet per surface, and limited to one (1) surface. (vi) One (1) wall 'sign 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 same Side of the building IS ·n en- trance approved by the City Building Official ·s · public en- trance and provided that the said public entrance and sign , faces a parking facility designated by the City as ·pproved public parking. (c) Permitted sig~s in the "OD" District are subject to following restrictions: (ii) (iii) (iv) (v) (vi) Total sign area shall not exceed tvs (2) square feet for each front foot of building or structure. In the case of ~ultiple occupancy, the wall surface for each tenant, user or owner shall include only the surf·ce er~a on the ~xterior facade of the premises occupied by such tenant, user or o~ner. The maximum height of a sign, including its str~ctures, sh·ll not exceed twenty feet (20') above the grade. The silrn are permitt~d in {9.1lTA (9)(b)(iv) shall not be in · ddition to the area permitted in {9.11?t(9)(b)(l), (9) (b) (ii), end The sign number ·nd ·rea per~itted by this Section are con- sidered maximums. These maximums, or any portion thereof, which are not utilized by tbs owner(s), occup·nt(s) or user(s) of property in the "CBD" District ·re ·bsolutely non-trans- ferable to any other property owned, occupied or used by S~ch persons or ·ny other owner(s), occupant(s) or user(s) of property in the same or other Districts. The sign area permitted hy §9.117A(9)(b}(vi) shall be in addi- tion to the total sign area pem~itted in §9.117A[9){c)(i). The sign permitted by §9.117A[9)(b)ivi) shall not be in addi- tion to the number of signs otherwise permitted' in §9.117A(9)(b). Section 9.117A(10) of. Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.117A[10) Signs in "RB" and "GB" Districts (·) The crestion, erection, or use of any sign in the "ItB" and "~B" Districts not exemp~ under i9.117A($) or not expressly enumerat below, is · violation of this Ordinance. Regular Council Meeting February 28, 1983 page 13 (b) The follov~n$ stKuo are permitted ~u the *~B" and #GB" D~JtrLcts: (c) (iii) One (1) vall aiwa on each side of the huLtding vhtch faces public street, uo~ to ~ceed ~e hundred (100) oq~re feet surface, l~ed to ~e (1) surface Per ~e (1) frees~dius sl~ ~T ~ ~e build~s or ot~ct~e located ~en~7 feet (20') or ~re fr~ the fr~ ~ l~e, no~ to ~ceed oeven~7-five (7~) oq~re fee~ ~r surface, l~-~ted to ~ (2) ourfac~. ~e (1) vail sl~ ~ uch side of the buildiu~ ~i~ feces a public a~e~, usc Co ~ceed four (~) square face ~d l~ted to ~e (1) surface ~r si~. (iv) One (1) area identification aiwa for each shopping center, not to exceed one hundred (100) square feet per surface, l~4ted to four (&) surfaces; ~n addition to one (1) vail aiwa for each prAnar~ use bus,ness, not to exceed one hundred (100) square feet per surface, lfAited to one (1) surface. (v) One (1) identification eisa for each use other than pr~nary use, not to exceed tvs (2) square feet per surface, and 14~ted tO one surface. (vi) Billboards located adjacent to public streets v~th speed lt~tts of forty-five u~tles per hour (&$ mph) or more, placed et a uinLuum of five hundred feet (500') ~utervals, not to exceed three hundred (300) square feet per surface and 1Alerted to tvs (2) surfaces. Per=ltted signs in the "ltl{" and "GB" Districts ere subject tot he . foil,ring regulations: (l) Total sigrmge shall not exceed eve (2) sqsare feet for each front foot of building or structure, la the case of multiple occupancy, the vail surface for each tenant, user or ovner shall include only the. surface area on the exterior facade of the premises occupied by such tenant, user, or o~uer. (tt) The ~aximuu height of a aiwa, including its structures, shall not exceed thirty feet (30') above the grade. (iii) The sign area permitted in Jg.llTA(10) (b) (iv) shame not be in addition to the area permitted tn Jg.ll?A(lO)(b)(i), fg.llTA(10) (b) (ii), and fg.liTA(10) (b) (iii). (iv) The sign number and area permitted by this section are con- sidered maxi~,~-, These max~-, or any portion thereof, vhich are not utilized by the mmer(s), occupant(s) or user(s) of property located ~n the "~" end/or "~" Districts are absolucel~ uon-tr~sferable to any other property occupied or used by such pers~ or to ~ other occup~c(s) or ~er(o) of property located ~ the other Districts. Regular Council Meeting February 28, 1983 page 14 shall hereafter read as follows, to-wit: "9.Ii?A(10) piths in "pm" and~ :°CB" ~,lstricts (a) The creation, erection, or use of ·ny si~n ~n the ~" and ~ Districts not exempt under I9.117A($) or mot expressly enunerat below, is · violation of this Ordinance. ~) ~e foll~ si~ are ~ctg ~ ~e ~' ~ ~ ~Cflctol (~) ~e (1) vall sS~ ~ ~ch side of the bu~d~i~ fac~ public street, not to ~ceed ~e hu~red (100) oq~re feet surface, l~ted to ~e (1) surface ~r li~. (ii) (iii) One (1) freestanding si~only if ~he building or otructureb located t~enty feet (20') or.re fr~the front lot l~e, not to ~ceed seven,y-five (7~) oq~re feeC per surface, l~ed to ~o (2) ourfac~. ~e (1) vail si~ ~ ffch side of the bulld~g~i~ faces a public alley, not to ~ceed four (I) square feet per our- face ~d 1M~ed to ~e (1) surface per (iv) One (1) area identification sign for each shopping canter, ~ot to exceed one hundred (100) square feet per surface, limited to four (1) surfaces; in addition to one (1) yell sign for each pr~--ry use business, not to exceed one hundred (lO0) square feet per surface, l~ted to one (1) surf·ce. ' (v) One (1) identification sign for e. ach use other than primary use, not to exceed t~o (2) square feet per suffice, and limited to one surface. (vi) Billboards located adjacent to public streets ~th speed lt-tts of forty-five miles per hour (&$ nph) or.ore, placed at · ~inL~u~ of five hundred feet (500') ~ntet'eals, not to exceed three hundred (300) square feet per surface ~d l~ted to two (2) surfaces. (vii).One (2) wall sign 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 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 facility designated by ~he City as approved public parking. Permitted signs in the "1~" sad "GB" Districts are subject to the following regulations: Total signage shall not exceed ~vo (2) square feet for each front foo~ of building or structure. In the case of multiple occupancy, the yell 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 · sign, including its structures, shall not exceed thirty feet (30') above the grade. Regular Council Meeting February 28, 1983 page 15 (iii) The sign area permitted in ~9.117A(10)(b)(iv) shall not be in add- ition to the area permitted in ~9.117A(lO)(b)(i), ~9.117A(10)(b)(ii), and ~9.117A(10) (bi (ii ii. (iv) The sign number and area permitted by this section are considered maximums. These maximums, or any portion thereof, which are not util- ized by the owner(s), occupant(s) or user(s) of property located in the "RB" 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) of property located in the same or other Districts. (vi The sign permitted by ~9.117A(10)(b)(vii) 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(IO)(b)(vii) shall not be in add- ition to the total sign area permitted in ~9.117A(10)(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 The Mayor noted that perhaps the sign ordinance had been drafted without regard to build- ing size. d. Resolution Regarding Master Labor Agreement Between the City of Columbia Heights and International Union of Operating Engineers. Local No. 49 There was some discussion regarding the language of this resolution and it was decided that additional information was needed. No Council action was taken. Resolution Authorizing the Joint Bidding of Maintenance and Repair Work for Streets with the Cities of Fridley and New brighton. At the request of the City Manager this resolution will be included on a Council agenda at a later meeting. The City Engineer is still gathering information on this item. 6. Communications a. Planning and Zoning Commission Sign Services/First Federal, 4101 Central Avenue Sign Variance The City Manager reviewed the recommendation of the Planning and Zoning Commission which would reduce the non-conformity to 30.5 square feet. The history of some past requests for sign variances were discussed as was the inclusion of time and temperature when com- puting total signage allowed on a site. The City Attorney advised the Council that signs that reflect time and temperature could be classified as 'exempt signs' in the ordinance with an amendment to the ordinance if they do not identify the business such as the one on the First Federal building. The City Attorney was requested to draft such an ordinance. Motion by Hovland, second by Petkoff to waive the reading of Ordinance No. 1036 there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1036 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAIN[NG TO EXEMPT 51GNS h ction 1: Section 9.117A(5} of Ordinance No. 853, City Code of 1977, passed June 21~ 1977 ich reads as follows, to-wit: 9.117A(5) Exempt Signs: In all districts, the provisions of this section shall not apply 'th the tollowlng signs: Regular Council Meeting February 28, 1983 page ]6 (a) Signs of any goveru~ental uutt designed for regulatory and safet~]~ purposes. (b) Hemorial plaques, cornerstones and historical 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 nora than thirty (30) days prior to mn~lection or referendu~ and not ~re than seven '(7) days fall--s said ~lec~ion or referend~ for which the si~ is ~g ~rectnd. (d) Directional signs not ~ore than two (2) in uu~ber identifying the location and nature'of a building, structure, or use uhich is mot readily visible from the street, serving such Building, structure, or uae on lands far. Lng part of the site of such huildtngs, structure, or uses, provided that each such SiKh ts not more than ten (la) square feet in total area. (e) Signs not exceeding nine (9) square feet in area located upon pri- vate property and directed toward the prevention of trespassing° (f) Window siKn~ge which does not exceed twenty-five percent (25~) of the total area of the vindo~ on or in which it is displayed. Temporary signs pertaining to drives or events of eleenoslmary, educational or religious organizations, provided that such signs shall not he erected or posted for s period or.ore than fourteen (ii) days prior to the date of the event and shall be renoved within three (3) days thereafter. (h) Flags or e~blens of political, civic, philanthropic, education~ or religious organizations. (i) Incidental signs'. 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 (1) 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 re~ain past the da~e of te~inatio~ of such offerh~. (k) One on-site te=porary sign advertising a group of 2ate for sale within a subdivision or a group of houses for sale~lthin · housing project along each street frontage which bounds such sub- division or project, provided that the total area of such sign shall not exceed the greater of sixty-four (61) square feet with no single dinension in excess o~ sixteen fee~ (16~) or eight (8) square feet per lot or house for sale, No such on-site temporary sign shall 're~ain past the date of sale of the last lot within the subdivision or the last house within the housing project, Regular Council Heeting February 28, 1983 page 17 (1) Temporary on-site signs indicating the ua~e and nature of · con- struction or demolition project, plus the names of the contrsctort Subcontrators, and professional advisors, provided the cmnbined area of such signs fronting upon ~ach street which bounds such Ject shall not exceed s ratio of two (2) square feet of sign area for each one thousand (l,O00) square feet of lot area. In no east 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 (15') or eight (8) square feet per house, or lot on which such construction or denolition is located'. The display of such sign shell be ii. tend to · l~riod not to the duration of the said construction or de~olition project, at which tine such signs shall be r~noved. One (1) vail sign per dwelling for pernttted hone occupationsnot- to exceed one (l) square foot per surface surface." is herewith amended to read as follows, to-wit: m. ITA(S) £xem~t SiLvas: In all districts, the provisions of this section shall not apply to the following signs: (a) Signs of any governmental unit designed for regulatory end safety purposes· (b) Memorial plaques, cornerstones and historical tablets. (f) (g) (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 follo~ing said election or referendum for which the sign is being erected. (d) Directional signs not more than tvs (2) in nunber identifying the location and nature'of a building, structure, or use vhich is not readily visible from the street, serving such building, structure, or use on lands forning part of the site of such buildings, structure, or uses, provided that each such sign is not nora than ten (10) square feet in total area. (e) Signs not exceeding nine (9) square feet in area located upon pri- vate property and directed toward the prevention of trespassing. Windo~ signage which does not exceed twenty-five percent (25I) of the total nrta of the vindo~ on or in which it ia displayed. Tenporary signs pertaining to drives or ~v~nts of eleemosynary, educational or religious organizations, 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) d~.ys thereafter. (h) Flags or enbl_m-~ of political, civic, philanthropic, educational or religious organizations. . Regular Council Meeting February 28, 1983 page 18 (i) Inciden~al · (J) .Temporary on-site signs advertis~ng the sale, lease, or re~tal of the lot or pre. iaea upon which such signs are situated, prc~ded the cou~ined area of such at,ns fronting upon each street ~h~ch bounds such lot or prm~tses shall not ~xceed a ratio of one (1) square foot of sl~n ares for each one thousand (1,000) square feet of lot area, but need not he less than s~x (6) square feet. No such temporary on-site si~n shall ~xceed eight (8) square feet nor re~ain past the date of ter~ination of such offering. (k) One on-site temporary sign advertising s group of lots for sale within s subdivision or a group of houses for aalevithin a housing project along each street frontage which bounds such sub- divtsio= or project, provided that the total area of such sign shall not exceed the greater of sixty-four (61) square faery ich 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 srithin the housing project. (1) ?emporary on-site signs indicating the name and nature of a con- str~ctton or demolition project, plus the names of the contractor~ subcontrators, and professional advisors, provided the combined area of such signs fronting upon each street which bounds such pro Ject shall not exceed a ratio of two (2) square feet of sign ares for each one thousand (1,O00) square feet of lot area. In no cast 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. ~he display of such sign shell be linited to s period not to exceed the duration of the said construction or denolition project, at which tine such signs shall be removed. One (1) wail signper dwelling for peruuttted home occupationsnot- to exceed one (1) square foot per surface m~d l~-~ted to on~ (1) surface. ' Section 2: (n) Time and temperature signs. 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 The second reading of this ordinance will be at the next regular Council meeting on March 14th. Councilman Hentges felt that the size of a time and temperature sign should be defined. Motion by Nawrocki, second by Petkoff to grant a square footage waiver to allow the First Federal Bank to relocate the identification sign presently on the west side of their building to the south side of the building, and to place a new identification sign not to exceed ten square feet in area on the west side of the building, conditioned upon their removal of the freestanding sign on the north side of the building, and grant a RegOlar Council Meeting February 28, 1983 page 19 o ariance of up to ten square feet. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges--nay orberg--absent 7- Old and New Business a. Old Business 1. Amendments to the City Charter The City Attorney advised the Council that no action could be taken on the City Charter without all of the Council members being present. 2. Motion to Adopt Findings The City Attorney's office had prepared findings and conclusions to support the City's position with regard to inequitable real property assessments between the City of Col- umbia Heights and the City of Fridley. It was noted that with some recent information that was brought to the Council appropriate steps may be taken to correct this Inequity and update the assessment ratios. It was also noted that this matter will continue to be pursued if the County Assessor does not respond favorably. With this progress report no Council action was taken. 3. "Noon Street" Project Mayor Nawrocki had met with two employees of the Minneapolis Public Worke Department re- garding this project and gave the Council additional information on this matter. b. New Business Purchase of Cor~nunications Equipment--Paqer System Council received extensive material on pager systems from the Fire Chief. The Fire Chief and the City Manager reviewed the recommended award of bid with the Council. The Fire Chief of East Bethel attended the meeting and advised the Council of the experiences his department has had with the Motorola pager system. Motion by Hentges, second by Hovland to award the bid for a pager system to Motorola, Inc. at a total equipment cost of $14,620.73 with the standard no-cost warranty, based upon low, formal quotation. Roll call: All ayes It was noted by Chief Johnson that this purchase did not include cases for the pagers.. 2. Purchase of Sanafoam Vaporooter Motion by Petkoff, second by Hentges to authorize the City Manager to purchase 135 gallons of sanafoam vaporooter from Davis Water Equipment Company in an amount not to exceed $6,462.45, based upon informal quotation and the purchase being a proprietary item. Roll call: All ayes 3. Authorization to Contract for Survey Work The survey wou)d include the Minneapolis Water Department property, the School District property, and Crestview property and would be done in conjunction with the construction and/or reconstruction of the state aid .road to go from Reservoir Boulevard to 47th Ave- nue at Fillmore. Motion by Petkoff, second by Hovland to authorize the Mayor and City Manager to execute an agreement for survey work with Kurth Surveying, Inc. in the amount of $l,500; such work to be done in conjunction with M.S.A.S. Project #8002. Roll call: All ayes ESS: 9:50 pm ONVENE: 10:10 pm Regular Council Meeting February 28, 1983 page 20 4. Authorization to Retain Labor Relations Associates for Contract Negotiations Motion by Hentges, second by Hovland to authorize the City Manager to retain Labor Relations Associates to negotiate a labor agreement with the City's paid Fire Department personnel; in particular firefighters and captains. Roil call: all ayes 5. Employee. Dental Insurance Program Motion by Petkoff, second by Hovland to authorize an amendment to the MEGA and AFSCME contract and to the non-union employees unit to allow up to $10.31 of the employee's monthly health insurance to be used for single coverage dental insurance, and that the City, if necessary, pay the $84.24 additional cost for the month of February. Roll call: All ayes 6. Library Heating System The Library's heating system had stopped operating and needed emergency repair. Motion by Hentges, second by Petkoff to ratify the City Manager's expenditure of $1,284 for emergency repair of the Library's heating system. This repair would be paid for from the Library budget. Roil call: All ayes 7. Water Tower Repair Motion by Petkoff, second by Hentges to seek proposals for inspection and maintenance of the City's water tower. The tower was last inspected in 1980. Roll call: All ayes 8. H.R.A. Appointment Motion by Hovland, second by Petkoff to concur with the Mayor's appointment of Pat Jindra to the Housing and Redevelopment Authority to fill the unexpired term of Tom Sherohman. Roll call: ail ayes 9. Property at 40th and University A letter was received from the Chairman of the School Board indicating a willingness to develop the property owned by the School District in the 40th and University area. Discus- sion followed regarding development of this area and those developers that are still inter- ested. Motion by Petkoff, second by Hovland to refer this matter of vacant property 'in the area of 40th and University plus the school-owned property to the HRA for purposes of making recom- mendations subject to Dick Anderson's dropping from consideration as a prospective developer of that property. Roll call: All ayes 8. Reports a. City Manager's Report The City Manager's report was submitted in writing and all items in the report were discussed. It was noted by [he Mayor that there should be a Council work session to discuss the policy of snow removal from sidewalks. The City Engineer was requested to check and see if a Bombadier-type vehicle could be purchased using state aid money. b. City Attorney's Report The City Attorney had nothing to report at this time. 9. Licenses Motion by Hentges, second by Petkoff to approve the licenses as listed upon payment of pro- per fees. Roll call:.all ayes 10. Payment of Bills Motion by Hentges, second by Hovland to approve the payment of the bills as listed out of proper funds. Roll call: All ayes Regular Council Meeting February 28, !.983' page 21 'ournment Motion by Hentges, second by Hovland to adjourn the meeting at 11:45 pm. Roll call: All ayes Bruce G Nawrockl, Mayor J~nne Student, Counc~ l~cretary