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