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HomeMy WebLinkAboutFeb 13, 1984OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 13, 1954 The meeting was called to order by Mayor Nawrocki at 7:30 P.M.. 1. Roll Call Hovland, Petkoff, Carlson, Peterson, Nawrocki present 2. Invocation The Invocation was offered by Pastor Douglas Henderson of Peoples' Church. 3. Minutes of Previous Meetings Motion by Petkoff, second by Hovland to approve the minutes of the Public Hearing of January 23rd, and the Regular Council Meeting of January 23rd as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions One of the owners of Colortyme Rental requested permission to park some of his company's vehicles in the municipal parking lot behind his store. He stated that at the present time he has no place to park these vans and that the lot is posted for no parking during the late night and early morning hours. Discussion followed regarding the options that may be open to him. The Police Chief felt to allow a merchant the use of the municipal lot in this fashion may result in many requests for this same consideration by other merchants and it was ill-advised. Motion by Petkoff, second by Carlson to allow a temporary variance for the parking of Colortyme vans and to refer this matter to the Traffic Commission for review and recommendations back to the City Council. Roll call: All ayes It was determined that the Traffic Commission was the proper board to consider a long term solution for this problem. 5. Ordinances and Resolutions a. Resolution 84-07 "Downtown CBD Revitalization Plan" Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 84-07 FINDINGS AND DETERMINATIONS BY AND RESOLUTION OF THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN. RELATIVE TO AND AMENDING AN APPROVED REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT AREA FOR A COMMERCIAL BUSINESS DISTRICT REVITALIZATION PROGRAM IN COLUMBIA HEIGHTS, MN ENTITLED "DOW;ITO~I~t CB~ REVITALIZATIO!) PLA~'l, DATED MARCII 2, 1~77. WHEREAS, on June 27, 1977 the Housing and Redevelopment Authority of Columbia Heights, MN adopted a redevelopment plan and redevelopment project area entitled "Downtown CBD Revitalization Plan" dated March 2, 1977, which was recommended for approval by the Downtown Development Council on June 15, 1977, found consistent with the land use and related planning objectives of the City by the Planning and Zoning Commission on June 28, 1977 and subsequently adopted as the City's official redevelopment plan for the downtown Central Business District by the City Council on August 3, 1977, and; WHEREAS, pursuant to MN Statutes 462.411 the redevelopment district outlined in the plan set forth the boundaries of the downtown project area in which the financial tool of tax increment financing can be utilized, and; Regular Council Meeting February 13, 1984 page 2 WHEREAS, the City of Columbia Heights and its Ilousing and Redevelopment Authority have worked with a developer to accomplish the development of a site located approximately on the northwest corner of 41st and Central Avenue N.E., and; WHEREAS, a portion of the project area currently owned by School District #13 is loc- ated outside of the present boundaries of the Redevelopment District, the property being legally described as Lots 1 and 2, Block 1, Northwestern Addition, Anoka County, MN, and; WHEREAS, the City of Columbia Heights finds it necessary to include this property in the Tax Increment District as to capture increments necessary for the repayment of the public costs associated with the implementation of the project, and; WHEREAS, the City Council has considered all information and input associated with this amendment and does find this action to be consistent with the adopted revitali- zation plan for downtown CBD and in the best interest of the community. NOW, THEREFORE BE IT RESOLVED by the City Council of Columbia Heights, MN that the redevelopment district map as presented in the "Downtown CBD Revitalization Plan" dated March 2, 1977 be amended to include the property legally described as follows: Lots 1 and 2, Block 1, Northwestern Addition, Anoka County, MN. Passed this 13 day of February, 1984. Offered by: Petkoff Seconded by:: Hovland Roll call: All ayes CITY OF COLUMBIA HEIGHTS, MN. Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1074 Pertaining to Licensing Motion by Hovland, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1074 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING The City Council of the City of Columbia Heights does ordain: Section l: Section 5.606(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: "No license shall be issued under this section unless the licensee, or a representative designated in writing, is a resident of the City. The lice- nsee, or his representative when the licensee is not a resident of the City, shall be responsible for the maintenance and upkeep of the multiple dwel- ling in accordance with the laws of the State of Minnesota, ordinances of the City, and regulations promulgated by appropriate authorities." R~gular Council Meeting February 13, 1984 page 3 Section 2: Section 5.301(12) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which is currently reserved, shall hereafter read as follows, to-wit: "The following persons are exempt from food establishment licensing, to-wit: (al A person whose place of business is a carnival, circus or fair and who holds a license pursuant to Minnesota Statutes Chapters 28A or 157." (bi Cafeterias or restaurants located in private businesses: (ii which are not open to the general public; (ii) which are incidental to the principal business in which they are located, and (iii) which are inspected and licensed by the Anoka County Health Department." Section 3: Section 5.206(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: "Prior to the issuance of a license by the Clerk, the license applicant shall deposit the sum of Fifty Dollars to the Treasurer. After January 1st, the Health and Safey Inspector shall inspect the licensed premises to de- termine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the sight. (al If a public nuisance is present, as determined by the Health and Safety Coordinator, said official shall notify the licensee to have the nuisance abated by January 15th. (bi After January 15th, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of anv public expense incurred for the nuisance abatement." is herewith amended to read as follows, to-wit: "Prior to the issuance of a license by the Clerk, the license applicant shall deposit with the Treasurer such sum as is set by resolution of the Council. After January 1st, the Health and Safety Inspector shall inspect the licensed premises to determine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the site. (al If a public nuisance is present, as determined by the Health and Safety Coordinator, said official shall notify the licensee to have the nuisance abated no later than January 15. (bi After January 15, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement." Regular Council Meeting February t3, 1984 page 4 Section 4: Section 5.206(7) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved , shall hereafter read as follows, to-wit: ~"Licenses shall post "No Smoking" signs throughout the lot in such places as are designated by the Chief of Fire Prevention Bureau. Said signs shall be maintained in the designated locations until all trees have been removed from the lot." Section 5: Section 5.206(8) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Before a permit is issued, the license applicant must submit a plot plan showing the intended location of trees within the lot. The plan shall pro- vide not less than four feet (4') clearance around the perimeter of the lot and at all points across each aisle. No license shall be granted hereunder unless the said plan is first approved by the Chief of the Fire Prevention Bureau. The licensee shall maintain the lot at all times in accordance with the approved plan." Section 6: Section 5.206(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Each licensee must have on the licensed premises at all times one (1) properly operating Class ABC fire extinguisher." Section 7: Section 5.206(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christ- mas tree without a license issued pursuant to the provisions of this cha- pter." i's herewith amended to read as follows, to-wit: "No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative 6nrist- mas tree without a license issued pursuant to the provisions of this chapter. No person shall be licensed to operate an open sales lot pursuant to this section unless such applicant has first obtained a Conditional Use Permit to operate such a lot." Section 8: Section 5.301(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.301(4) License applicants under this section shall provide the following infor- mation in the license application as is appropriate: (a) The Class of food establishment license applied for and the kind of food to be served. (b) For a Class 1 license, the reason for a temporary food establishment, indicating the nature of any commercial activity that will be going on Regular Council Meeting February 13, 1984 page 5 and the requested term for the license. (c) For a Class 2 license, the place where food will be prepared and the place, route, or geographic area where food will be sold; the number of vehicles to be utilized, the serial number of each such vehicle, and the name and address of the owner if different from the license applicant. (d) For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. (el For a Class 4 license, the proposed seating capacity of the restaurant. (fl For a Class 5 license, the proposed seating capacity in the building and the proposed number of parking spaces in the lot. (gl A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within the preceding three years, together with a statement of whether any such license or permits was suspended or revoked, and a statement of facts pertaining thereto. is herewith amended to read as follows, to-wit: 5.301 (4) License applicants under this section shall provide the following information in the license application as !s appropriate: (al The Class of food establishment license applied for and the kind of food to be served. (bi For a Class 1 license, the reason for a temporary food establishment, in- dicating the nature of any commercial activity that will be going on, and the requested term for the license. (c) For a Class 2 license, the place where food will be prepared and the place, route, or geographic area where food will be sold; the number of vehicles to be utilized, the serial number of each such vehicle, and the name and address of the owner if different from the license applicant. (d) For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. (el For a Class 4 license, the proposed seating capacity of the restaurant. (fl For a Class 5 license, the proposed seating capacity in the building and the proposed number of parking spaces in the lot. (gl A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within the preceding three years, together with a statement of whether any such license or permit was suspended or revoked, and a statement of facts pertaining thereto. Regular Council Meeting February 13, 1984 page 6 (h) No applicant shall be eligible for a Class l, 2, 4, or 5 license unless such applicant has first obtained a license from the Anoka County Health Department." Section 9: Section 5.607(2) of Ordinance No. 853, City Code of 1977, passed June 1977 which reads as follows, to-wit: 5.607(2) Licenses shall be required for but not limited to each of the below-named trades and construction work: (a) General contractors, including erection, alteration or repair of building. (b) Masonry, cement work, cement block work, block laying or brick work. (c) Plumbing, including the installation of cesspools, septic tanks, drainfields, connections to the municipal system, inside plumbing and including excavations for sewer and water line installations. (d) Roofing. (e) Plastering, stucco work, sheet rock taping. (f) Heating, ventilation and refrigeration, including gas piping, gas service, gas equipment installation, oil heating and piping work. (g) Excavations, including excavations for footings, basements and grading of lots, etc. (h) Moving and wrecking of buildings. (i) Blacktopping of driveways, parking lots, etc.. (j) Sign erection, construction and repairs, including billboards and electrical siigns. (k) Painters, electricians is herewith amended to read as follows, to-wit: 5.607(2) Licenses shall be required for but not limited to each of the below-named trades, and construction work: (a) General contractors, including erection, alteration or repair of building (b) Masonry, cement work, cement block work, block laying, or brick work. (c) Plumbing, including the installation of cesspools, septic tanks, drain- fields, connections to the municipal system, inside plumbing and includ- ing excavations for sewer and water line installations. (d) Roofing (e) Plastering, stucco work, sheet rock taping. (f) Heating, ventilation and refrigeration, including gas piping, gas service, Regular Council Meeting February 13, 1984 page 7 gas equipment installation, oil heating and piping work. (gl Excavations, including excavations for footings, basements and grading of lots, etc.. (hi Wrecking of buildings (ii Blacktopping of driveways, parking lots, etc... (j) Sign erection,, construction and repairs, including billboards and elec- trical signs. Section 10: Section 5.608(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.608(3) After a license application is approved by the Council, the applicant shall present proof to the Clerk of Insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be One hundred thousand dollars for bodily injuries to or death of one person, and Two hundred thousand dollars for any one accident resulting in injuries and/or death to more than one person, and a total of Ten thousand dollars liability for damages to property of others arising out of any one accident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be One hundred thousand dol- lars for any one person, Two hundred thousand dollars for any one accident, property damage of Twenty thousand dollars and with a maximum total liabi- lity of Two hundred thousand dollars. is herewith amended to read as follows, to-wit: 5.608(3) After a license application is approved by the Council, the applicant shall present proof to the Clerk of Insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such pol- icy shall be One hundred thousand dollars for bodily injuries to or death of one person, and Two hundred thousand dollars for any one accident re- sulting in injuries and/or death to more than one person, and a total of Ten thousand dollars )lability for damages to property of others arising out of any one accident. The applicant shall also present proof to the Clerk of public liability in- surance with an insurance company licensed to transact business in this state. The limits of such policy shall be One hundred thousand dollars for any one person, Two hundred thousand dollars for any one accident, property damage of Twenty thousand dollars with a maximum total liability of Two hundred thousand dollars. Section 11: Section 5.203(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.203(3) A license shall not be required under this section for; (al Persons selling or soliciting orders from dealers for merchandise, Regular Council Meeting February 13, 1984 page 8 goods or personal property designated for ultimate resale to consumers, or (b) sheriffs, constables or other public officers selling goods, wares and merchandise pursuant to provisions of law, or (c) a bona fide trustee, administrator, assignee, receiver or other persons appointed and acting under the authority of law, or (d) persons soliciting orders for future door-to-door delivery of newspapers, o r (e) persons selling or peddling farm or garden products cultivated by such person, or (f) persons licensed for the same business activity under any other section of this chapter. is herewith amended to read as follows, to-wit: 5.203(3) A license shall not be required under this section for (a) persons selling or soliciting orders from dealers for merchandise, goods or personal property designated for ultimate resale to consumers, or (b) sheriffs, constables or other public officers selling goods, wares and merchandise pursuant to provisions of law, or (c) a bona fide trustee, administrator, assignee, receiver or other persons, appointed and acting under the authority of law, or (d) persons soliciting orders for future door-to-door delivery of newspapers, or (e) persons selling or peddling farm or garden products cultivated by such person, or (f) persons licensed for the same business activity under any other section of this chapter. (g) persons selling or soliciting on behalf of a religious organization; provided that said persons have complied with the requirements of Section 5.203(10) of this Code. Section 12: Section 5.203(10) of Ordinancne No. 853, City Code of 1977, passed dune 21, 1977, which is currently reserved shall hereafter read as follows, to-wit: "Persons selling or soliciting on behalf of a religious organization shall, prior to selling or soliciting in the City, register with the City Clerk by establishing their identity and their authority to act for or on behalf of the religious organization. No fee shall be charged by the City for such registration." Section 14:Tlhis ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting F~bruary 13, 1984 page 9 First reading: Second reading: Date of passage: January 9, 1984 February 13, 1984 February 13, 1~3~: Offered by: tlovland Seconded by: Peterson Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1075 Rezoning Properties affected by this rezoning include Wargo Park and the vacant hockey rink pro- perty, in addition to 4140, 4146, 4150 and 4156 Central Avenue Motion by Hovland, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1075 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section I: That the real property legally described as: Lots 1 and 2, Block l, Northwest Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County which is currently zoned "LB" Limited Business District, and "R-2", Resi- dential District shall hereafter be zoned "CBD" Central Business District. Section 2: That the real property legally described as: Lots l, 2, 3, and 4, Block 38, Columbia Heights Annex to Minneapolis, ac- cording to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County which is currently zoned "RB" Retail Business District shall hereafter be zoned "CBD" Central Business District. Section 3: Section 4: First reading: Second reading: Date of passage: The zoning map of the City of Columbia Heights is herewith amended in ac- cordance with this ordinance. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. January 23, 1984 Offered by: Hovland February 13, 1984 Seconded by: Carlson February 13, 1984 Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Regular Council Meeting February 13,. 1984 page IO d. Second Reading of Ordinance No. 1076 Pertaining to Intoxicating Liquor This ordinance would clarify the definition of a school building. Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies avail- able to the public. Roll call: All ayes ORDINANCE NO. 1076 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO INTOXICATING LIQUOR The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.503(10) Places ineligible for license are as follows: (a) No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been com- menced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. (b) No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, however, that no such person may have a financial interest in the operation of the business at such location. (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 31300 square feet or for a hotel that does not have a dining room area open to the general public with a total minimum floor area of 2000 square feet. (d) No license shall be granted for any ~lace which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. (e) No license shall be granted for any hotel or restaurant building, the nearest point of which building structure is within 200 feet of the center of the main or front foor of a church measured in a straight line. A church shall have only one main or front foor for ~he purposes of this chapter. ~he erection of a church within a prohibited area or a change of location of a main or front door, after an original application has been granted, shall not, in and of itself, render such premises ineligible for renewal of the liicense. No license shall be granted for any hotel or restaurant builidng, the nearest point of which measured in a straight line, is within 300 feet of a school building. Regular Council Meeting February 13, 1984 page ll (fi No license shall be issued for premises other than a hotel or restaurant. (gl No license shall be issued for premises which does not have a sprinkler system. is herewith amended to read as follows, to-wit: 5.503(10) Places ineligible for license are as follows: (al No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commended pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. (bi No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.09. Provided, however, that no such persons may have a financial interest in the operation of the business at such location. (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. (d) No license ahall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. (el No license shall be granted for any hotel or restaurant building, the nearest point of which building structure is within 200 feet of the center of the main or front door of a church measured in a straight line. A church shall have only one main or front door for the purposes of this chapter. The erection of a church within a prohibited area or a change of location of a main or front door, after an original application has been granted, shall not, in and of itself, render such premises ineligible for renewal of the license. No license shall be granted for any hotel or restaurant building, the nearest point of which is measured in a straight line, is within 300 feet of a school building. A building housing a post secondary school is not a school building within this meaning of this ordinance. (fi No license shall be issued for premises other than a hotel or restaurant. (g) No license shall be granted for any premises which does not have a sprinkler system. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting February 13, 1984 page 12 First reading: Second reading: Date of passage: January 23, 1984 February 13, 1984 February 13, 1984 Offered by: Petkoff Seconded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor e. First Reading of Ordinance No. 1077 Trespassing in a Park Motion by Petkoff, second by Hovland to table this ordinance. Roll call: All ayes f. First Reading of Ordinance No. 1078 Pertaining to Licensing Motion by Hovland, second by Carlson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1078 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.605(6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: "No license shall be issued under this section to any person who does not have a signed garbage pick-up service contract with the City. Such contract may impose terms and conditions as the Council determines appropriate. The licensee shall be responsible for compliance with all contractural terms and conditions as are required, and all ordinances of the City or regulations promulgated by the Health Advisory Authority establishing standards of health and sanitation in the City." is herewith amended to read as follows, to-wit: '"Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority establishing standards of health and sanitation in the City." Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: February 13, 1984 The second reading of Ordinance No. 1078 is scheduled for February 27, 1984. g. First Reading of Ordinance No. 1079 Amending the City Charter Motion by Hovland, second by Peterson to waive the reading of Ordinance No. 1079 ~here being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1079 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 19; CHAPTER 3, SECTION 20; CHAPTER 3, SECTION 23; CHAPTER 5, SECTION 36; CHAPTER 5; SECTION 44; CHAPTER 6, SECTION 56; CHAPTER 6, SECTION 57; CHAPTER 7, SECTION 60; CHAPTER 7, SECTION 61; CHAPTER 7, SECTION 62; CHAPTER 7, SECTION 63; CHAPTER 7, SECTION 64; CHAPTER 7, SECTION 65; CHAPTER 7, Regular Council Meeting February 13, 1984 page 13 SECTION 66; CHAPTER 7, SECTION 68; CHAPTER 7, SECTION 69; CHAPTER 7, SECTION 71; CHAPTER 11, SECTION 105 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS. The ~i%~ of Columbi~ Eeights does o~dain: Section 1 Chapter 3, Section 19 of the Charter of the City of Columbia Heights which reads as follows: PROCEDURE ON ORDINANCES. The enacting clause of all ordinances by the council shall be in the words, 'The City of Columbia Heights does ordain." Every ordinance shall be presented in ~riting. Every ordinance, other than emergency ordinances, shall have two public readings in full, except that the reading may, by unanimous vote, be dispensed with, provided the printed text ia ~ade a part of the official minutes upon passage and at least three days shall elapse beteeen the first and second readings thereof. Every ordinance appropriating money in excess of five hundred dollars, and every ordinance am~ resolution authorizing the making of any contract involving a liability on the part of the city in excess of five hundred dollars, shall r~ain on file i~ the office of the secretary of the council at least one week, and shall be published at least once in the official newspaper of the city or posted on official bulleti~ boards in the manner provided by this charter, before its final passage except in the case of emergency ordinances or resolutions. shall be amended to read as follows: Procedure on Ordin&uces. The enacting clause of a21 ordinances by the council shall be in the words, 'The City of Columbia Heights does ordain." Every ordinance shall he presented in writing. Every ordinance, other than emergency ordinances, shall have two public readings in full, except that the reading may, by unanimous vote, be dispensed ~ith, provided the printed text is made a part of the official minutes upon passage and at least three days shall elapse between the first a~ eeco~ readings thereof. Every ordinance appropriating money in excess of five hundred dollar~, ~ud every ordinance an~ resolution authorizing the ~aking of ax~ contract involving a liability on the part of the city in excess of five hundred dollar~, shall remain on file in the office of the secretary of the council et least one week, and aha[l be published at least once in the official newspaper of the cit~y or posted on official bulletin boards iu the manner provided by this charter, before its final passage except i~ the case of emergency ordinan- ces · Section 2 'Chapter 3, Section 20 of the Charter of the City of Columbia Heights which reads as follows: Emergency Ordinances and ~esoluti~ma. Au emergency ordinance or resolution is an ordinance or rasolution for the ~mediate preservation of the public peace, health or safety, in ehich the e~ergency ia defined or declared in a preamble thereto, separately voted upon, and agreed to by at least four members of the council, as recorded by ayes and noes. An emergency ordinance or resolution may be enacted ~ithout previous filing or publication. Ho grant of an~ fr&nchioe shall be oon- strued to .~e an emergency ordinance or resolution. shall be amended to read as folloea: Regular Council Meeting February 13, 1984 page 14 Eaergency Ordinances. An emergency ordinance is ~ ordinance for the immediate preservation of the public peace, health or safety, in ~hich the emergency is defined or declared in a preamble thereto, separately voted upon, and agreed to by at least four members of the council, aa recorded by ayes and noes. An emergency ordinance ~ay be enacted without previous filing or publication. No grant of any franc-bias ·hall be construed to be an emergency ordinance. Section 3 Chapter 3, Section 23 of the Charter of the City of Columbia Neights which rea~s as follows: When Ordinances and Resolutions Take Effect. Emergency ordinances an~ resolutions, and ordinances and resolutions ~aking the annual tax levy, determining the annual budget, and providing for local ~mprovements an~ assessments, shall take effect 4~ediately upon their passage. All other ordinances and resolutions enacted by the council ·hall take effect thirty days after the date of their passage, unless · later date is fixed therein, in which event they ·hall take effect as such later date. Ordinances and resolutions adopted by the electors of the city shall take effect at the time fixed therein, or, if no such time is designated therein, then thirty days after the adoption thereof. shall be a~ended to read as follows: Yhen 0rdina~ces and Resolutions Take Effect. A resolution and an emergency ordinance shall take effect immediately upon its passage or at such later date as is fixed therein. Every other ordinance shall take effect '}0 days after passage or at such latter date as is fixed therein. Every ordinance and resolution adopted by the voters of the city shall take effect t~mediately upon its adoption, or at such time as is fixed therein. Section ~ ~Chapter 5, Section ~6 of the Charter of the City of Columbia Neights which reads as follows: Expenditures by Petitioners. No member of any initiative, referendum, or recall c~z~mittee, nc circulator of · signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered i~ con- nection ~ith the circulation thereof, but this shall ~ot prevent the com- mittee from incurring an expa~e not to exceed ten dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provi- sions of this section shall constitute a misdemeanor. shall be amended to read as follows: Expenditures by Petitioners. No iember of any initiative, referendum, or reca:~l committee, no circulator of · signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecu~ia:my or otherwise, for services rendered in connection with the cir- culation t.hereof, but this shall not prevent the c_~-Ittee frc~ incurring an expense not to exceed one hundred dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provisions of this sec- tion shall constitute · misdemeanor. Regular Council Meeting February 13, 1984 page 15 Section 5 Chapter 5, Section 44 of the Charter of the City of Colu~BiI Heights which reads as follows: The lsferendua. If prior to the date ~hen an ordinance or resolution takes effect a petition signed by qualified elec- tors of the city equal in number to twenty per cent of the total v~te at the last regular mu~icipal election be filed with the city clerk requesting that any such measure, or a~y pert thereof, be repealed or be submitted ~o a vote of the electors, the said measure shall thereby Be prevented frc~ going into operation. The council shall thereupOn reconsider the said measure at its next regular meeting, and either repeal the sams, or repeal the sections thereof to ~hich objection has been raised by the petitioners, or By aye and no vote reaffirm its adherence to the measure as passed. ~u the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor ~ore than forty-five days from the action of the council calling it. If a ~aJority of the voters voting thereon are opposed to the measure, it ·hall not Become effective; but if a ~ajority of the voters voting thereon favor the measure, it sha~l go into effect immediately or on the date therein specified. shall be amended to read as follows: The Referendum. If prior to the date ~hen an ordinance takes effect a petition signed By qualified electors of the city equal in number to twenty per cent of the total vote at the last regular municipal election be filed with the city clerk requesting that ax~ such ~easure, or any part thereof, Be repealed or be submitted to a vote of the electors, the ·aid ~easure shall thereby ~e prevented fro~ going into operation. The council ·hall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to ~hich objection has been raised By the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. ~.u the latter case the council ·hall immediately order a special municipal election to Be held thereon within not less than thirty nor more than forty-five days from the action cf the council calling it. If a majority of the voters voting thereon are opposed to the measure, it ·hall not bec~ne effective; but if · majority of the voters voting thereon favor the measure, it shall go into effect imme- diately cr on the date therein specified. Section 6 ~hapter 6, ~ection 56 of the Oharter of the Oity cf ColumBia Heights which reads as follows: Purchases a~d Comtract·. The city ~nger shall Be chief purchasing agent of the city. All purchases on Behalf of the city shall be made, and all contracts let by the city ~anager subject to the approval of the council, whenever the amount of such purchases or comtract exceeds $500.00. All contracts, bonds and instruments of every ki~d to which the city shall be a party ·hall be signed by the mayor on behalf of the city a~. well as by the city ~annger, a~ shall be executed in the of the city. shall be amended to read as follows: Purchases a~d Contracts. The city aah·gar ·hall be chief purchasing agent of the city. All purchases o~ behalf of the city ·hall be made, all contracts let By the city manager subject to the approval of the coun- cil, ~henever the amount of such purchases or contract exceeds $1,OOO.O0. All contracts, Bonds and instruments of every kind to ~hich the city shall be a party shall be signed By the mayor on behalf of the city as well as by the city manager, and eh&ll be executed in the name of the city. Regular Council Meeting February 13, 1984 page 16 Section 7 Chapter 6, Section 57 of the Charter of the City of Columbia Heights which reads as follows: Contracts, How Let. In all cases of work to be done by contract, or of the purchase of property of ax~ kind, where the amount exceeds $500, but does not exceed $1,O00.O0, the City ~anager shall receive the approval of the Council. Where the amount i~volved is more than One: Thousand ($1,000.00) Dollars, unless the Council shall by an emergency ordinance otherwise provide, the city manager shall advertime for bids in such manner as may be designate~ by the council. Contracts of this ~agnitude shall be let only by the Council upon the recommendation of the city manager, and shall be let to the lowest responsible bidder. The Council tomy, however, reject any and all bids. Nothing contained in this section shall prevent the Council from contracting by four-fifths vote for the doing of work with patented processes, or from the purchasing of patented appliances. Further regulations for the making of bids amd the letting of contracts sha~_l be m~de by ordinance. shall be amende~ to read as follows: Contracts, How Let. If the work to be done or property of any kind to be p~rchased is estimated to exceed $10,OOO.O0 the city shall advertise for sealed bids in such manner as ~y ~ desi~at~ ~ ~e ~ co~cil. Con- tracts of this ~i~de sh~l ~ let o~y ~ the ci~ co~cil ~ sh~l go to the lowest res~ible bidder. The ~ co~cil ~y elect to ~Ject ~ a~ all bids. If the ~o~t of the contact is est~ted to exce~ ~,0~.00 but not exceed $~0,000.00 the contract ~y ~ ~de either u~n se~e~ bids or by direct negotiation, by obtai~ ~o or ~re ~itten quotatio~ c~plyl~ ~th the r~r~ents of c~2itive Bid~. If the ~o~t of the contract is es~ated to ~ $~,0~.~ or less the contract ~y ~ ~de either u~n quotation or in the open ~rket by ~scretio~ of the city co~cll; ~ut, so far as practicable, ~1 ~ ~sed u~n at le~t two ~itten quotation. Ail ~itten quotatio~ sh~l ~ kept on file for a period of at least one year after receipt. Nothi~ contain~ ~ this mec- tion shall prevent the ci~ co~cil ~ a four-fifths vote fr~ doi~ work with a ~tented process or fr~ p~chasi~ a ~tented appliance. ~rther r~ulatio~ for ~i~ the bids ~d letti~ of contracts sh~l ~ ~de ~ o~inance. Section B Chap:~.er 7, Section 60 of the Charter of the City of Columbia Neights which reads as follows: Asaeasaent for ?axation. Except as herein other- wise provided, the general laws of the state relating to taxation shall apply in this city. The council shall regulate by ordinance the method of making assessments and shall require fair valuations to be made. shall be amended to rea~ aa follows: ?axation. Except as provided in this charter, the general laws of the state relating to taxation shall apply in this city. Section 9 Chapter 7, Section 6 1 of the Charter of the City of Columbia Heights which reads as follows: Board of ~qualiaation. The council shall consti- tute a board of equalization and shall meet aa such in the u~ual place for holdins council meetings on the last ~onday in June to equalize the assess- ments according to law. Re.gular Council Meeting February 13, 1984 page 17 shall be amende~l to rea~ as follovs: Board of ~l~sat~on. The cereal aha1 coverture a ~i~ of nation in~ shall ~nually meet as ouch in the ue~l place for hol~ co~- cil mastics at a time set ~y the co~cil to ~lize assessments acco~i~ to law. Section 10 Chapter ?, Section 62 of the Charter of the City of Columbia Heights which reads as follows: Preparation of the Annual Budget. The city manager shall prepare the estimates for the anneal budget. The estinates of expenditures shall be arranged for each department or ~lvision of the city under the following heads: (1) Ordinary expanses (for operation, maintenance, and repairs); and (2) Capital outlays (for nee construction, new equipment, and all improvements of a lasting character). Ordinary expenses shall be eubdivided into: (a) Salaries, with a List of all salaried offices and positions, with the as2ary allowance and the number of persons holding each; (b) Wages; (c) Printing, advertising, telephone, telegraph, express charges, and other Like items; (d) Supplies and repairs, with sufficient detail to be readily understood. Ail t~creases and decreases shall be clearly shown. In parallel columns shall be added the amounts granted an~ the anounts expended under similar heads for the past two completed fiscal years aud, as far as possible, for the current year. In addition to the estimates of expenditures, the estimates shall include a statement of the revenues which have accrued for the past two ocopletad fiscal years, with the amounts collected and the uncollected balances, together with the same information as far as possible for the current fiscal year, and an estimate of the revenues for the ensuing fiscal year. The statement of revenues for each year shall specify the following iteas: Sums derived from (a) taxation, (b) fees, (c) fines, (d) interest, (e) miscellaneous, not included in the foregoing, (f) sales and rentals, (g) operation of the public utilities, (h) special assessments, and (i) sales of honda and other obligation. Such estimates shall be in typawritting, an~ there shall be at least ten copies, one for each nember of the council, one for the city unager, one for the city clerk, and three at least to be posted in-public places in the city. The estimates shall be submitted to the council at its regular month2y meeting in August, and shall be nade public. The city manager may submit with the estimates such explanatory statement or statements as he may deem necessary, and during the first three years under this charter he shall be authorized to interpret the requirements of this section as requiring only such compariscns of the city's finances with those of the Village of Columbia Heights as nay be feasible and pertinent. shall be amended to read as follows: Preparation of the Budget. The city manager shall prepare the esti- mates for the annual budget. The proposed budget shall be consistent ~ith generally accepted accounting principles and shall contain est<m-tee of revenue, itemized estimates of expenditures for both the current fiscal year and the ensuing fiscal year, comparisons with the revenues and I=ounts expended for the past two completed fiscal years, and such other infor- mation as the council may require. At a regular council meeting in August, the city manager shall present the budget along with a budget message ~hich may highlight the important features of the budget and may contain luch explanatory statements as the city manager shall deem necessary. Regular Council Meeting February 13, 1984 page 18 Section I 1 Chapter 7, Section 63 of the Charter of the City of Columbia Heights which reads as follows: Passage of the Budget. The budget shall be the principal item of business at the regular monthly meeting of the coumcil i~ August, and the council shall hold adjourned meetings from time to time until all the estimates have been considered. The meeting shall be mo con- ducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions as may seem pertinent to them. The budget estimates shall be read in full, ax~ the city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budget finally agreed upon shall be a resolu- tion setting forth in detaid the c~plete financial project of the city for the ensuing fiscal year. It shall indicate the s~,~l to be raised and from what sources, and the sums to be spent and for what purposes according to the plan indicated in section 63. The total sum appropriated shall be less than the total estimated revenue By a safe margLu. The council shall adopt the budget resolution not later than the 1st ~ay in October. shall be amended to read as follows: Passage of the Budget. After presentation of the budget, the council may hold meetings fr~m time to tine to consider the estimates contained therein. Prior to adoption of the Budget the council shall designate one meeting as a public hearing at which interested citizens will be given an opportunity to question and cc~ment on the budget estimates. The annual budget finally agreed upon shall be adopted By resolution of the council and shall constitute a financial plan for the city for the ensuing fiscal year. The total expenditures appropriated in the budget resolution shall not exceed the estimate~ revenues available from various sources. The council s~all adopt the budget resolution for the ensuing fiscal year not later than the loth day of October or such other date as nay be fixed by state law. Section 12 Chapter 7, Section 64 of the Charter of the City of Columbia Heights which reads as follows: Enforcement of the Budget. It shall be the duty of the city manager to enYorce strictly the provisions of the budget. Ne shall not approve any warrant upon the city treasurer for any expenditure unless an appropriation has been made in the budget, nor for any expen- diture covered by the budget unless there is a sufficient unexpended balance left after deducting the total pest expenditures and the sum of all outstanding warrants. No officer or employee of the city shall place any orders or make any purchases except for the purposes and amounts authorized in the B',~dget. Any obligation incurred by any person in the employ of the city for any purpose not authorized or for any amount in excess of the amount tlherein authorized shall be a personal obligation upon the person incurring the expenditure. shall be amended to read as follows: · nforcement of the Budget. The city manager shall strictly enforce the 1)udget. No expenditures may be made unless sufficient i~A~ds have been budgeted therefor. Any ob~gations incurred by amy person in the employ of the city for any purpose not authorized or for a~y amount for which no money exists within the proper fad shall be a personal obligation upon the person incurring the expenditure. Regular Council Meeting February 13, 1984 page 19 Section 13 Chapter 7, Section 65 of the Charter of the City of Columbia Heights which reads as follows: Alterations ia the ~udget. After the budget shall have been duly adopted, the council shall not have power to increase the amounts therein fixed, whether by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts shall exceed much estimates, and in that event not ~eyond such actual receipts. The sums fixed in the budget shall be and become appropriated after the begi--tng of the fiscal year for the several purposes named thereim amd no other. The council may at any time by a reaolution l~aeed by · four-fifths vote, reduce salaries or the a,,~- appropriated for any other purposes, or authorize the tramsfer of eums from u~expended balances to other purposes. shall be amended to read as follows: Nodificaticns in the Budget. After the budget shall have been adopted, the council shall not have the power to increase the amounts appropriated to the various funds, whether by insertion of new items or otherwise, beyond the estimate~ revenues, umlesa the actual receipts shall exceed such estimates, and in that event not beyond actual receipts. The sums fixed i~ the budget shall be appropriated after the beginning of the fiscal year for the funds therein designated and no other. After passage of the budget, the council may at any time by four-fifths vote, transfer sums appropriated frmz one fu~d to another fu~d or tr-~fer sums from the u~deaignated equity, su~.Ject to the limitations contained in the charter. Section 14 Chapter 7, Section 66 of the Charter of the City of Columbia Heights which reads as follows: Levy amd Collectioa of ~axes. Om or before the let of October each year the council shall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year, subject to the limitations of this charter. The city clerk shall trans2it to the county auditor a~nually, not later than the loth of October, a statement of all taxes levied, and such taxes shall be collected and the l~ayment thereof Be inforced with az~ in Like manner as state county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor Because the amount levied shall exceed the amount required to be raised for the special purposes for which the same ia levied, but in case the surplus shall go into the f~nd to which such tax belongs. The twenty-five mill tax limit prescribed in Section 17~5, General Status of 1913, shall not apply to this city. shall be amende~ to read aa follows: Levy and Collection of ?axes. The city clerk shall transmit to the county auditor annually, not later than October 10 or such other date aa may Be fixed by etate law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and payment thereof shall be enforced in accordance ~ith this charter an~ applicable state law. No tax shall be invalid by reason of any informality ia the manmer of levying the marne, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special pur- pose for which the ~ame is levied, but in ~uch ease the excess shall go into the fund to which such tax beloags. Regular Council Meeting February 13, 1984 page 20 Section 15 Chapter ?, Section 68 of the Charter of the City of Columbia Heights which reads as follows: D~sbarsementm, How m-de. Ail disbursements shall be made omly upon the order of the mayor mud city ~anager, duly authorised by a resolution of the council a~d every such resolution a~ order shall specify the purpose for which the disbursement is made, a,~ indicate that it is to be paid out of tbs proper fund. Each such order shall ~e payable to the .order of the per, on in chose favor it is draw~. ~At no such order shall be issued until there is money sufficient to pay the ~ame to the credit .of the fund out of ehich it is to Be paid, So&ether with all then outstanding orders against such fu~d. Ax~ order or resolution for the payment of money violating any provision of this section shall Be void, and any officer of the city violating any provision of this section shall Be perso~[ly responsible for the amount of such payment, if a~y much payment is made contrary to the provisions hereof. No contract requiring the payment of money by the city shall Be valid unless the particular fu~d out of whict~ the same is to be paid is specified in such contract. No claim against the city shall be allowed unless accompanied by a~ itemized bill and voucher, pay roll, or time sheet signed by the responsible officer ~ho has personal knowledge of the facts in the case and vouches for the correctness and reasonableness of the claim. shall be emended to read as folloes: Payment of Bills, How ~ade. All payment of bills shall be made upon the order of the mayor and city manager, duly authorized by the coun- cil. The payment order shall specify the fund from which payment is made, and that such order may only be paid out of the proper fund. No claim for payment against the city shall be allowed by the council unless much claim had been a~companied by a statement of a responsible officer of the city indicatin~ the correctness and reasonableness of the claim or unless the city co'~ncil finds that the subject bill is a valid claim against the city. Any order or resolution for payment of money violating a~y provision of this se:rich shall be voi-~, and the officer of the city violating a~y pro- vision of this section shall Be personally responsible for the amount of such payment. Section 16 Chapter 7, Section 69 of the Charter of the City of Columbia Heights which reads as follows: Funds to Be Xept. There shall be maintained in the city treasury the following funds for the support of ehich the council may levy an annual tax: (a) A sinking fund for the purpose, or payment when due, of any bonds or any other debt of the city and to pay the interest on all bonds and other obligations of the city. The council shall levy an a~n~al tax suf- ficient to meet all obligations against this fund when due, unless other- wise provided for. (b) A public utility fund or funds for the acquisition, construction, extention, maintenance, am~ operation of any public utility owned or operate~l by the city, including the payment of the imterest on a~v bonds or other iz~ebtedness which may be a lien upon much utility. There shall Be paid into this fund all moneys derived from the ~ale of bonds issued on account of any utility, a~ from the operation of such utility, and from the sale, of any property acquired for or used in connection with any such ~tility. page 2 ] There shall b~ paid ~t of this fund the cost of the purchase, construction, extension, operation, maintenance and repair of such utility, including the interest upon all Bonds or other indebtedness which =ay be a lien upon such utility. A~y surplus in said fund ~ay be used for the purchase of a~y box~ds or certificates of indebtedness issued agaiast said utility, and for the payment of such bonds or other indebtedness upon their · aturity. Separate funds and accomuts shall be kept for each luch utility operated leparately, and in case t~o or ~ore utilities ars operated together the funds a~d accounts shall be kept ~eparately as far as prac- ticable. (c) A general fund for the lupport of such other funds -~ for the payment of such expenses of the city as the council ~ay deem proper. Xnto this fund shall be paid all moneys not herein provided to be paid into other fund. (d) A'permanent improvement fund, into ~hich fund shall be paid all moneys received from the sale of certificates of Indebtedness issued for the purpose of creating or maintaining such fund; also all ~oneys received from the sale of Certificates of Indebtedness issued to anticipate the playment of special assessments; also all ~oneys received from the proceeds of assessments levied for local improvements. shall ~e amended to read as follows: Yu~de to ~e Kept. There shall be maintained in the city treasury the following funds for the support of which the council may levy taxes, sell bonds, issue certificates of indebtedness, or otherwise collect revenues as is provided by law, to-wit: (a) A deb~ service fund for the purpose of payment when due of any bonds or any other debt of the city a~d to pay the interest on all bonds and other ob~gatio~ of the city. The council shall levy an annaal tax sufficient to meet a.I1 obligations against thio fund when due, unless otherwise provided for. (b) A public utility fund or funds for the acquisition, construction, extention, maintenance, and operation of a~y public utility owned or operated by the city, including the payment of the interest on ax~ bonds or other indebtedness which may be a lien upon such utility. There shall be paid into this fund all moneys derived from the sale of Bonds issued on account of any utility, and from the operation of such utility, ax~ from the sale of any property acquired for or used in connection ~ith a~y such utility. There shall ~e paid out of this fund the cost of the purchase, construction, extension, operation, maintenance and repair of such utility, including the interest upon all Bo~ds or other indebtedness which may be a lien upon such utility. Any surplus in ~aid fund way be used for the purchase of a~y bonds or certificates of indebtedness issued against said utility, a~d for the payment of such bonds or other indebtedness upon their maturity. Separate funds and accounts shall be kept for each such utility operate~ separately, and in case two or more utilities are operated together the funds and accounts shall be kept separately as far as prac- ticable. (c) A general operating fund which shall contain a~ undesignated equity into which shall be paid all moneys not herein provided to be l~id into any other fund. (d) · special assessment fund, into which fund shall be paid all mneys received from the sale of certificates of indebtedness issued for the pur- pose of creating or maintaining such fund; also all ~oneys received from the sale of Certificates of Indebtedness issued to a~ticipate the payment Regular Council Meeting February 13, 1984 page 22 of special assessments; also all noneya received from the proceeds of assessments levied for local improvements. (e) Such other funds the council may create at any time, subject to the li~[tltioms of this charter. Section 17 Chapter 7, Section 71 of the Charter of the City of Columbia Heights which reads as follows: Accounts a~d Rel~orts. The city manager shall be the chief accounting officer of the city a~d of every bra~ch thereof, and the council may prescribe and enforce proper accomnting methods, for~a, blanks, and other devices consistent ~ith the law, this charter, and the ordinances in accord with it. He shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds, the amount spent or chargeable against each of the annual budget allowances and the Balance left in each, a~ such other i~fformation relative to the finances of the city as the council ~ay require,. Once each year, on or before the last day of January, the city manager shall submit a report to the council covering the entire financial operations of the city for the past year. This report shall show the actual ~ota! receipts and actual total expenditures, omitting duplications, an~ stating the cash balance at the begi~ing of the last fiscal year and at the close; the total outlays for operation and maintenance, and the total c~pital outlays; the conditions of each of the funds; the total receipts by sources and the total expcnditures by general purposes; the total o~tstanding bonds and debts of the city, when due, the amount of new bonds issued and the amount redeemed, the interest rate of each; the con- dition of all the a~-al ~dget allowances; and an imventory of all the property o~ned by the city; and such further imformation as the council other city offxcials and the taxpayers should shall be amended to rea~ as follows: Accounts and Reports. The city manager shall be the chief accounting officer of the city. The council may enforce the obligation of the city manager to use generally accepted accounting principles in all accou~tiag obligations in this chapter. Such obligation shall include a thorough monthly report and an annual report covering the entire financial operation of the city for the past year which the city ~ager must provide to the council on or before ~arch ~0 of each year. The ann~al report shall include a c~mpari~on of actual expenditures a~ actual revenues for each fund, divided into such categories as the budget presented by the city manager for the subject fiscal year, along with such additional ~*ormation as required by the council. Section 18 Chapter 11, Section 105 of the Charter of the City of Columbia ~eights which reads as follows.' City to Pay for Services. The council shall sake a reasonable charge, Based on the cost of service, for lighting the streets and public buildings, or for supplying heat, poser, or any other utility, and a reasonable hydrant rental and other charges for supplying the city with water, and shall credit the same to the publicly mmed utility Regular Council Meeting February 13, 1984 page 23 ~0p~'l'ying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the council provides some other plan. shall be amended to read as follows: City to Pay for Services. The council shall make a reasonable charge, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power, or any other utility services, and shall credit the same to the publicly owned utility supplying the service. Such charges for light, heat, power, water and other services, shall be collected in the same manner as from other consumers, unless the council pro- vides some other plan. Section 19 This ordinance shall be 'in full force and effect from and after 90 days after its passage. First reading: February 13, 1984 The second reading of this ordinance is scheduled for March 26, 1984. h. Resolution 84-08 Lot Split Northwest Corner of 41st and Central Motion by Hovland, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 84-08 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E. I, Jim Lindstrom/Ron Laliberte, for School District #13 hereby request a split of PLAT PARCEL KEY PIN 35 30 24 14 O140 Legally described as: Lot 2, Block 1, Northwestern Addition, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The southerly 80' of Lot 2, Block 1, Northwestern Addition, Anoka County, Minnesota. 2. Lot 2, Block 1, Northwestern Addition, except the southerly 80', Anoka County, Minn- esota. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ -0- be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. PLANNING & ZONING DEPARTMENT ACTION: PASSE9 This 7 day of Feb. 1984. Regular Council Meeting February 13, 1984 page 24 Offered by: Nixon Seconded by: Heintz Roll call: All ayes Roy Goranson Zoning Officer CITY COUNCIl_ ACTION: APPROVED Offered by: Petkoff Seconded by: Hovland Roll call: Ail ayes Jim Lindstrom, Chairperson Ronald J. Laliberte, C'lerk Signature of Owner, Notarized School District #13 1400 49th Avenue N.E. Columbia Heights Telephone No. 574-6505 Subscribed and sworn before me this 10th day of February, 1984. Dorothe Holm Notary Public Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 6. Communications a. Planning and Zoning Commission 1. P.U.D. Fi~nal Development Plan Nelson Elementary School It was noted by the City Manager that all residents within 300 feet of the site were sent notices regarding the consideration of the Final Development Plan by both the Planning and Zoning Commission and by the City Council. The Planning and Zoning Commission unanimously recommended approval of the Plan by the Council based on the following conditions being met: l) That prior to the issuance of a building permit, the developer post an irrevocable construction letter of credit in a form agreeable to the City to assure completion of the improvements in accordance with the development schedule and that such letter' of credit be in the amount of $40,000, subject to the City Council varying such amount in considering the adequacy of financing for the project. 2) That the provisions of Section 9.116(17)(f) be waived in that the proposed con- dominium documents are in total compliance with the Minnesota Uniform Condominium Act and that the City finds no purpose in accepting a conveyance of open space. 3) That the developer comply with the requirements of the letter of Public Works Department Director, Fred Salsbury of February 2, 1984. Community Development Specialist, Todd Stutz, addressed the conditions as recommended by the Commission. Discussion continued regarding the exterior appearance as proposed by the developer. A representative of the developer stated that the materials used for the exterior will not be the conventional concrete block. Mayor Nawrocki felt that any changes planned for the exterior of this development should be reviewed by the Building Inspector and by the City Manager. The Mayor's hope is that the exterior will reflect something suitable to the residential nature of the area. A resident from the area said he would still prefer to see individual homes on this property but was more confortable with this developer's plans than with the plans presented by a previous developer. Motion by Hovland, second by Peterson to approve the Final Development Plan for the Nelson School property subject to the three conditions as recommended by the Planning and Zoning Commission and presented by the Community Development Specialist. Roll call: All ayes 2. Sign Variance, Barna, Guzy, Merrill Hynes & Giancola, Ltd. A representative of the above-mentioned law firm is requesting a variance for the erection of three 28 square foot temporary freestanding signs at 3957 Central Avenue. The re- quest is based on a hardship in that the law firm's offices are housed in a building that Regular Council Meeting February 13, 1984 page 25 presently has no exterior identification for the firm. The Planning and Zoning Commission recommended granting of the variance. Motion by Peterson, second by Carlson to grant the variance for the sign as requested and as recommended by the Planning and Zoning Commission for a period not to exceed one year on the basis that a hardship exists in that the party requesting the variance is. not being identified. Roll call: All ayes b. Traffic Commission 1. Parking Restriction on Fillmore Street from 46th Avenue to 47th Avenue Motion by Petkoff, second by Carlson to designate the west side of Fillmore Street from 46th Avenue to 47th Avenue as "No Parking Anytime" and remove the restrictions on the east side based on public opinion expressed at the Public Hearing conducted by the Traffic Commission on February 6, 1984. Roll call: All ayes c. Rice Creek Watershed Chapter 509 The Rice Creek Watershed District is presently setting up two advisory committees, The Technical Advisory Committee and The Citizen's 509 Task Force. They recommended who should appropriately serve on these two committees from each municipality. Motion by Carlson, second by Peterson to appoint Fred Salsbury or his representative to serve on the Technical Advisory Committee and to appoint Arden Hovland to serve on the Citizen's 509 Task Force. The Watershed District requested that two people serve on the Task Force and Mayor Nawrocki requested that the City Manager seek out a citizen of the City to serve. Roll call: All ayes 7. Old and New Business a. Old Business 1. Community Development Block Grant Use of 1984 Funds Motion by Petkoff, second by Peterson to authorize the Housing and Redevelopment Authority to submit an application for 1984 Community Development Block Grant funds based upon activities indicated in a memo from Roger Jensen dated February 10, 1984. Motion by Nawrocki, second by Hovland to strike Judicare from the list of Community Development Block Grant fund proposed activities. Roll call: Nawrocki, Hovland - aye Petkoff, Carlson, Peterson -'nay Motion fails. Roll call on main motion: All ayes 2. Letter Regarding Anoka County CDBG Program A letter was received from the Anoka County Deputy Administrator regarding opting out of the Joint Cooperation Agreement the City has with Anoka County relative to the CDBG program. This letter served to nofity the City Council of the opt out date if that was its decision. Motion by Petkoff, second by Hovland to reaffirm that the City of Columbia Heights desires to participate with other communities and with Anoka County in the Joint Cooperation Agreement relative to the Community Development Block Grant program. Roll call: All ayes 3. Electro Labs, Inc. Petition Seeking Council Reconsideration of its Earlier Denial of the Company's Appeal to the Plan~ing and Zoning Commission Decision The City Manager reviewed the history of this matter. Reports from staff members and the Minnesota Pollution Control Agency indicate that the proposed addition to Electro Labs, Inc. would allow for the treatment of hazardous wastes on the site prior to dis- charge into the sanitary sewer system and may provide for the reduction or elimination of future hazardous waste spills. Regular Council Meeting February 13, 1984 page 26 Motion by Hovland, second by Peterson to grant the variance requested by Electro Labs, Inc. for the construction of a 24' x 30' storage building at 3757 Third Street N.E. subject to the five conditions as listed in the Building Inspector's memo dated February 6, 1984; and, that the building be constructed of concrete block. One of the conditions in the Building Inspector's memo was that a letter of credit be submitted to assure completion of the parking lot, the area surrounding the parking lot and the curb cuts necessary. The dollar amount for this letter of credit was $5,500. Roll call: All ayes RECESS: lO:O0 P.M. RECONVENE: 10:15 P.M. b. New Business 1. Spring Cleanup Motion by Petkoff, second by Peterson to establish the City's Annual Spring Cleanup Week from Flay 5-13, 1984. Roll call: All ayes Motion by Carlson, second by Petkoff to authorize the City Manager to seek bids for rubbish haLf, ling services in conjunction with the City's Annual Spring Cleanup Week. Roll call: All ayes 2. Ratify Action of Mayor and City Manager in Executing Agreements with Taco Bell and Davanni's Restaurants Motion by Petkoff, second by Hovland to authorize the Mayor and City Manager to execute a letter of credit agreement with Taco Bell Restaurant; and furthermore, to authorize the Mayor and City Manager to execute a cash deposit agreement with Davanni's Restaurant. Roll call: All ayes 3. League of Minnesota Cities Labor Relations Subscriber Service Motion by Petkoff, second by Hovland to authorize participation in the Labor Relations Subscriber Service and to approve payment in the amount of $2,070 to the League of Minnesota Cities. Roll call: All ayes 4. Authorization to Purchase a. Fencing Material for Additional ~ortable Fence Motion by Petkoff, second by Hovland to authorize the purchase of various fencing materials 'from Crowley Fence Company of Blaine, Minnesota in the amount of $585.40; based upon low, informal quotation. Roll call: All ayes b. Authorization to Proceed with Transmission Repair Motion by Carlson, second by Peterson to ratify the action of the City Manager to repair a police vehicle transmission; such work being performed by Hage Kobany Transmission in the amount of $515 based upon low, informal quote. Roll call: All ayes 6. Property Owned by John Gondek The City Council received copies of a letter dated January 31, 1984 from John Gondek expressing concern about his property which is adjacent to the City-owned liquor store at 322 40th Avenue N.E.. Gondek has been experiencing problems with people parking in his lot who he states are patrons of the liquor store. He also stated he wished to re- ceive information about insurance coverage of the City, enforcement proceedures being practiced by the police department regarding the parking signs on his property, and telephone poles on the property. Gondek suggested that the posting of a sign on the door of the liquor store advising its patrons that the lot east of the facility is not city-owned would be effective. Motion by Hovland, second by Petkoff to post a sign on the door of the liquor store Re'gular Council Meeting February 13, 1984 page 27 located at 322 40th Avenue regarding the privately-owned lot east of the store. Roll call: All ayes 6. Purchase of Paint Motion by Hovland, second by Peterson to authorize the purchase of paint for use in street marking from Volvo Paint Company not to exceed the amount of $1.153.30 based on low, formal bid received by Hennepin County. Roll call: All ayes 7. Appointment to the Planning and Zoning Commission Motion by Petkoff, second by Carlson to appoint Gary Peterson as the Council Representative to the Planning and Zoning Commission. Roll call: All ayes Councilman Peterson will be replacing Councilman Hovland on this Commission. 8. Cable TV Interconnect Channel Mayor Nawrocki referred to the material the Council had received regarding the Joint Powers Agreement being proposed for cable TV Interconnect channel. This was an infor- mational item. 8. Reports a. Report of the City Manager This report was presented in written form. Many of the items were discussed. Mayor Nawrocki requested additional information on item #10, that being a petition received from one of the owners of the May Yee Restaurant regarding a license. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Petkoff, second by Hovland to grant the licenses as listed upon payment of proper fees. Roll call: All ayes 10. Payment of Bills Motion by Carlson, second by Peterson to approve the bills as listed and that payment be made out of proper funds. Roll call: All ayes Additional New Business Establish Date for Public Improvement Hearing The City Manager reviewed the five projects that are scheduled to be considered at the Public Improvement Hearing. The Council deleted three of the proposed projects from the list. The two remaining projects are for seal coating and repair; improved asphalt alleys and Leander Lane, 44th to Royce. Motion by Petkoff, second by Hovland to establish a Public Improvement Hearing for March 19, 1984 at 7:30 P.M. in the City Council Chambers. Roll call: All ayes Memo from City Assessor The Council received a memo from the City Assessor regarding the assessing policy on parcels that front on three streets. The City Manager stated he would like to discuss this matter further before any action is taken. Adjournment Motion by Carlson, second by Peterson to adjourn the oi_l} ayes Anne Stud'ent, C~uncil- Secretary cal 1: