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HomeMy WebLinkAboutJune 23, 1997OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 23, 1997 .CALL TO ORDER/RQLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA Added to Items for Consideration was the issue of approving assignment of operating and management agreements to Lake States Property, Inc. presented for consideration by the City's EPA. CONSENT AGE~)A The items on the Consent Agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. A. Motion by Jones, second by Jolly to adopt the Consent Agenda items as listed below: Adopt Council Minutes The Council approved the minutes of the June 9, 1997 Regular Council Meeting as presented. Final Payment for 1997 Street and Parking L~ne StriDinG The Council accepted the work for 1997 street and parking lane striping and authorized payment of $4,970.66 to AAA Striping Service Company of Rogers, Minnesota. ChanGes in Street Construction Project on 44th Avenue The Council authorized Supplemental Agreement No. 1 to provide a barrier at the top of each retaining wall in the amount of $8,746.00, Change Order No. i to install retaining wall at 1421 44th Avenue in the amount of $2,032.00, Change Order No. 2 to remove steps and construct a stairway at 1229 44th Avenue in the amoun~ of $t,712.00 and Change Order No. 3 to reduce the size of the handrail from 2" diameter to t 5/8" diameter in the amount of $0.00 to Ron Kassa Construction. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 2 Authorization ~o Purchase Red "LED" Signal Heads The Council authorized the purchase of LED red ball and red arrow indicators from Brown Traffic Products based on the Minnesota State Contract price, and furthermore, to authoriz~ the Mayor and City Manager to enter into an agreement for the same with the purchase being funded from ~he State Aid Maintenance Fund. ~lose Mearinq - ReDtal Li.cense...Revocati.~n The Council closed the public hearing regarding the revocation or suspension of the rental license held by Anthony Wilczek regarding rental property at 3935 Tyler Street in that the provisions of the Mousing Maintenance Code have been complied with. Establ~.sh Hearinq Dates - License Revocations - Rental. Properties The Council established a hearing date of July 14, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following owners and addresses: Patrick Carlson, 4757 4th Street; Thomas Brooks, 4328 6th Street; Michael Shaffer, 3717 Polk Street; Mohsen Dessouki, 4610 Fillmore Street; Brian Bona, 4015 7th Street; Jean Thorp, 4641 Washington Street; Randee L. Arfmann, 4533-35 Washington Street; Doris Jorgenson, 1480-90 47th Avenue and Edwin Matthes, 5229 7th Street. Establish mates for Coungi.! Work Sessions The Council established Monday, July 7, 1997 at 7:00 p.m. and Monday, July 21, 1997 at 7:00 p.m. as dates and times for Council work sessions to be held in the City Hall Conference Room. License Agplications The Council approved the license applications as listed and the rental housing licenses as noted in the Fire Department memo of June 20, 1997. Pa.v~nent of.....Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: Ail ayes 5. RECOGN~TION,...PROCLAMATIONS, PRESENTATION. S, GUESTS A. Rgcogniti0n Barbara Karol was recognized as the 1997 Humanitarian of the Year REGULAR COUNCIL MEETING JUNE 23, 1997 RAGE 3 6. PUBLIC HEARINGS A. Public Hearin~ Reqardinq Revocation/SusDension for the ProDerty at 4222 Monroe Street Owned by Robert Witt Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by Robert Witt regarding rental property at 4222 Monroe Street in that the provisions of the Housing Maintenance Code have been complied with. B. Second Readin~ of Ordinance No. 1280 Amending Chapter 5, Sections 35 throuqh 46 of the City Charter of the City of Columbia Heiqhts Pertaininq to the Referendum and Referendum Petitions Motion by Jones, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1280 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO INITIATIVE AND REFERENDUM PETITIONS The City of Columbia Heights does ordain: Section 1: Chapter 5, Sections 35-46 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 4 Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one hundred dollars for legal advice, copying, printing and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any measures of public concern. After formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measures shall consist of the measure, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty percent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by the following committee of electors: REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 5 NAME ADDRESS 2. 3. 4. 5. The undersigned electors, understanding the terms and the nature of the measure hereto attached, petition of the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of electors whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 6 The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council' shall fail to pass the proposed measure, or shall pass it on in a form different from that set forth in the petition and unsatifactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months from such date, then the council shall call a special election to be held not less than thirty or more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the electors. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "For the measure" or "Against the measure". If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an. ordinance takes effect a petition signed by qualified electors of the city equal in number to twenty percent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. REG~ COUNCIL MEETING O-U-NE 23, 1997 PAGE 7 In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which, ordinance (or resolution) is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measurcz ordinances passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed on~ four hundred dollars for legal advice, copying, printing, and notaries' fees. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 8 A~. y committee members, at their sole discretion and at no charge to said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent withI this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF ~ ORDINANCES. Any five clcctcrs ~eqistered voters may form themselves into a committee for the initiation of any mcasures ordinance of public concern. After formulating their measure ordinance they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed mcasurc ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Before circulating any petition, they shall submit to the city attorney a copy of the proposed ordinance, and. the city attorney shall approve same as to form only and not as to..content, or put it into a form which is legally sufficient for the purpose intended. Shall the city attorney fail to take such action within ten days from the date on which the proposed ordinance is submitted to the city attorney, such proposed ordinance shall be deemed legally sufficient and a verified copy thereof shall be filed with the city clerk, together with the names and addresses of the members of such committee. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measure ordinance shall consist of the mcasurc ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least t~cnty ten percent of the total number of votes cast at the last preceding regular municipal election or 700 signatures, ..whichever is.Greater. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 9 INITIATIVE PETITION Proposing an ordinance (ct~.~..,~=~ .... -~ "~c... ~_~---~ may be) to .... (stating the purpose of the measure ordinance), a copy of which ordinance ~,~ ...... -~-~-~..~~'~ is hereby attached. This mcasuru ordinance is sponsored by the following committee of c!cctcrs registered voters: NAME ADDRESS 2. 3. 4. 5. The undersigned clcctcrs recistered voters, understanding the terms and the nature of the mcasure ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Each affidavit shall be in substantially the following form: State of County of being duly sworn deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signature of Circulator Subscribed and sworn to before me this day of , 1997. Signature of Notary Public REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 10 Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of clcctcr~ registered voters whose signatures are appended thereto, and whether this number is at least ~ ..... ~' ten percent of the total number of A~ ~_~A~ ....... s registered voters who cast their votes at the last preceding regular municipal election or 700 signatures, whichever is Greater. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and still notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for. the same purpose, nor shall it prevent the council from referring the mcasurc ordinance to the clcctcrc electorate at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the mcasurc ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the mcasurc ordinance, after the holding of which the mcasurc ordinance shall be finally acted upon by the council not later than sixty-five days after the date upon which such mcasurc ordinance was submitted to the city council by the city clerk. If the council shall fail to pass the proposed -~a .... ~ ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure ordinance shall be submitted by the council to vote of the cl~t~- ~r-~ electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. REGULAR COUNCIL MEETING ~/3NE 23, 1997 PAGE 11 In case the council passes the proposed measure ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the m^asurc.~ ordinance need not be submitted to the ~.~~~ ...... electorate. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure ordinance shall state the substance thereof, and shall give the reqistered voter the opportunity to vote either "For the measure ordinance" or "Against the ~easure ordinance". If a majority of the electors registered voters voting on any such measure ordinance shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures ordinances may be voted upon at the same election, but in case there shall be more than one, the registered voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors electorate under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance of the council takes effect a petition signed by ~~.~~~ ~.~.~~"~ reqistered voters of the city equal in number to *~.~..~"" ten percent of the total vote at the last regular munic, ipal election or 700 signatures, whichever is qreater, be filed with the city clerk requesting that any such measure ordinance, or any part thereof, be repealed or be submitted to a vote of the electors electorate, the said measure ordinance, shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure ordinance at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye or no vote reaffiz~n its adherence to the measure ordinance as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thi:~ty nor more that forty-five days from the action of the council calling it. If a majority of the registered voters voting thereon are opposed to the measure ordinance, it shall not become effective; but if a majority of the voters voting thereon favor the measure ordinance, it shall go into effect or immediately or on the date therein specified. REGULAR COUNCIL MEETING JIINE 23, 1997 PAGE 12 Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of mcasures ordinances and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (ct .... ~*~ .... *~ casa may be) to .... (stating the purpose of the mcasurc ordinance is hereto attached. This maas'arc ordinance is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. Section 2: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: June 9, 1997 June 23, 1997 June 23, 1997 Offered by: Seconded by: Roll call: Jones Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary C. Second Readinq of Ordinance No. 1349 Amendinq Chapter 3, Section 17 of the Charter of the City of Columbia Heiqhts Pertaininq to Rules of Procedure and Quorum Motion by Ruettimann, second by Peterson to table the second reading of Ordinance No. 1349 to a future date until it has been reviewed by the Charter Commission. Roll call: All ayes, D. Second Readinq of Ordinance No. 1348 Beinq an Ordinance Amendinq City Code Re~ardinq Exterior Parkinq Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes R.EG~ COUNCIL MEETING JLrNE 23, 1997 PAGE 13 There was some discussion regarding the intent of this ordinance. It does not address requirements for garages. Its primary purpose is to extend the deadline for hard surfaced parking. It was felt this matter should be included on the agenda of a future Council work session. ORDINANCE NO. 1348 BEING AN AMENDMENT TO ORDINANCE NO. 853, CITY CODE 1977, SECTION 8 IN THE HOUSING MAINTENANCE CODE REGARDING THE REQUIREMENT FOR EXTERIOR PARKING, PEDESTRIAN WALKWAYS AND LIGHTING Section 8 currently reads as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(!) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating there in which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) Ail required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. REG~ COUNCIL MEETING JUNE 23, 1997 PAGE 14 (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. The proposed changes are date changes only to read July 1, 1998 as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 15 (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) Ail required parking spaces must be surfaced with asphalt and concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and dwelling units. (f) Lighting must be provided for parking areas and wa!kways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and wa!kways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.t05(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. This ordinance is effective thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 9, 1997 June 23, 1997 June 23, 1997 REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 16 Offered by: Seconded by: Roll call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-41 Being a Resolution Accepting the COPS MORE 96 Federal Grant Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-41 BEING A RESOLUTION ACCEPTING THE COPS MORE 96 FEDERAL GRANT AND APPROPRIATING MATCH FUNDS TO THE GRANT W~EREAS, in October 1996 the Columbia Heights Police Department made application for a grant from the U.S. Department of Justice for an evidence technician and for technology/equipment in the form of lap top computers with MDT conversions and mounting stands, and WHEREAS, the grant will become available to the department in July 1997, and WHEREAS, the breakdown of the grant is as follows: Expense: Personnel Equipment Total Expense $34,860.00 $22,791.00 $57,651.00 Revenue: Grant City Match Total Revenue $43,238.00 $14,413.00 $57,651.00 REG~ COUNCIL MEETING 0TINE 23, 1997 PAGE 17 NOW, THEREFORE, BE IT RESOLVED that the City Council of Colur~bia Heights authorizes the acceptance of the COPS MORE 96 Fund to account for all revenue and expenses under this grant, and furthermore, appropriates and authorizes the transfer of $14,413 from the Police Department budget to the COPS MORE 96 Fund for the City match on this grant. Passed this 23rd day of June, ].997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Bid Considerations None C. Other Business !) Approve Assiqnment of Operatinq and Manauement Aqreements to Lake States Property, Inc. Some members of the Council expressed their hesitancy to approve this material in that it was received rather tardily. The City Attorney stated that it may appear that approval is being sought in a hasty manner but the timetable requires the approval by the end of the week. His recommendation is to approve it contingent upon the EDA approval. Discussion continued regarding the lender, the Council approval of the Assignment and the associated with receiving all of the paperwork. need for timetable Motion by Ruettimann, second by Jolly to approve the Assignment of the Operating and Management Agreements to Lake States Property, Inc., a Minnesota corporation; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same contingent upon the EDA's approval at its meeting of June 24, 1997. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 18 Motion by Ruettimann, second by Jones to approve Waiver and. Release Form for the Columbia Heights Business Center, and furthermore, move to authorize the President and Executive. Director to enter into an Agreement for the same contingent upon the EDA's approval at its meeting of June 24, 1997. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City ManaGer The City Manager gave the three dates set up for inspections of Lynde Investment buildings. He mentioned the train rides on July 1st. No action will be taken at this time on the Public Safety Director position. He inquired if he should post the position of the Assistant Fire Chief. B. Report of the City Attorney The City Attorney had nothing to report. 10. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the following meetings were included in the agenda packets: June 3, 1997 Planning and Zoning Commission and the June 3, 1997 Library Board of Trustees. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 2310 40th Avenue expressed his concern with the speed of traffic in the area of 40th Avenue and Stinson Boulevard. He requested a stop sign be placed on 40th and McKinley and sidewalks be installed on 40th Avenue. He was directed to write a letter to the Public Works Director to be included on the agenda for the August Traffic Commission meeting. This letter could address signage and speed. He was, directed to circulate a petition among his neighbors regarding the sidewalk installation. Even though this would be paid for from State Aid funds if it is approved, the affected property owners must be included in a petition. REGULAR COUNCIL MEETING Jt/NE 23, 1997 PAGE 19 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 8:15 p.m. Roll call: All ayes -Anne Student, Council  ayor FJbseph Sturdevant Secretary