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June 9, 1997
City of Columbia Heights Attention: City council May 16, t997 We the following property and business owners onthe West Side of Central Ave between 40th and 41st Avenue, want the City Council to consider allowing businesses to put up reasonable temporary signs and wares to sell on the sidewalks of their block. It would create interest and attract more activity for businesses. NAME BUSINESS ADDRESS z/~p 3o Ce.~]'~t OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JI/NE 9, 1997 o CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Counci!members Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO. THE MEETING AGENDA There were no additions nor deletions to the meeting agenda. A minute of silence was observed for Highway Patrol Officer Timothy Bowe who was killed in the line of duty. Officer Bowe had grown up and lived in Columbia Heights. CONSENT AGENDA These items are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion: Motion by Peterson, second by Jones to approve the consent agenda items as listed below: AdoDt Council Minutes The Council approved the adoption of the May 27, 1997 Regular Council Meeting. Establish Hearing Date for Revocation of Rental License at 4222 Monroe Street Owned by Robert Witt The Council established a hearing date of June 23, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property at 4222 Monroe Street owned by Robert Witt. Permission to Block Off Mill Street East of City Hall The Council authorized the Police Department to close Mill Street from 40th Avenue to just north of the Murzlrn Hall .parking lot from noon to 9:00 p.m. on July 30, 1997 for the Officer Curt Ramsdell memorial observance. Resolution No. 97-40 Beinq a Resolution Aoprovinq a. LotsD!it for 4652 Fifth Street, Helen Dietz The reading of the resolution was waived there being ample copies available for the public. REG~ COUNCIL MEETING JUNE 9, 1997 PAGE 2 RESOLUTION NO. 97-40 SUBDIVISION REQUEST I, Helen M. Dietz, here by request a split of PIN 26 30 24 34 0078 Legally described as: North half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota. Subject to utility easement over the west 20.00 feet. THE DESCRIPTION HENCEFORTH TO BE: The West half of the North half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota. That part of the North half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota, lying East of the West half of said North half of Lot 2. 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, are Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said lotsplit is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION Recommend the approval of the lotsplit as proposed as all Zoning requirements will be met. Helen M. Dietz Signature of Owner, Notarized This 3rd day of June, 1997 Offered by': Seconded by: Roll call: Fowler Paulson Ail ayes 4652 5th Street, Columbia Heights, Mn. Owner's address Jane Gleason, Notary Public CITY COUNCIL ACTION: Approved REG~ COUNCIL MEETING JUNE 9, 1997 PAGE 3 This 9th day of June, 1997 Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Approval of Conditional Use Permit, Bascali's Restaurant, 5060 Central Avenue Northeast The Council approved the conditional use permit to operate the proposed Bascali's Restaurant at 5060 Central Avenue Northeast provided the required final inspections are conducted by the Anoka County Health Department, the City Building and Fire Inspectors and that the appropriate licenses are obtained by the applicant for the operation. Conditional Use Permit for Storace Shed, 4450 Stinson Boulevard - Howard Fortier The Council approved the conditional use permit for the 14 x 14 utility building at 4450 Stinson Boulevard as it is in conformance. Special Purpose Fence, 3865 Polk Street, Harry K!ever The Council approved the request for an eight (8) foot high special purpose privacy fence provided property irons have been located and the required permit is obtained prior to fence installation at 3865 Polk Street Northeast. Special Purpose Fence, 1202 40th Avenue, Laura Mannino The Council approved the six (6) foot high special purpose privacy fence ]provided the required property irons have been located and the required permit is obtained prior to fence installation at 1202 40th Avenue Northeast, owned by Laura Mannino. Conditional Use Permit for Construction of 25' x 14' Accessory Structure, 843 40th Avenue, First Community Credit Union The Council approved the conditional use permit to construct a 25x!4 foot accessory structure at 843 40th Avenue based on the following conditions: 1) If First Community Credit Union vacates the building at 843 40th Avenue the utility building must be removed. 2) Once purchase of 843 40th Avenue building is complete, the First Community Credit Union must combine the two parcels. REGULAR COUNCIL MEETING ~.~E 9, 1997 PAGE 4 o Approval of License Applications The Council approved the license applications as listed. Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Community Development Department Hirinq Recommendatio~m The Council authorized and directed staff to update job descriptions as appropriate, advertise for position vacancies of Housing Coordinator, full-time Occupancy Specialist, half- time Family Self-Sufficiency Coordinator and Building Official listing the appropriate pay range for each position, and to change the title of Zoning/Grant Coordinator to Planner. Roll call on Consent Agenda: Ail ayes RECOGNITIONS, PROCLAMATIONS, PRESENTATIONSr GUESTS A. Recoqnitions Engraved clocks in recognition of service on various boards/commissions were give to the following residents: Keith Roberts (Charter Commission), Dick Lawrence (Police & Fire Civil Service Commission) , Steve Mihalchick (Telecommunications Commission) , and Catherine Anderson (Human Services Commission). B. Presentations Police Department Citizen Commendations were given to Travis Johnson, Daniel Whitfield, Juan Mendoza, Walter Arthur and Allen Askegard. PUBLIC HEARINGS A. Resolution No. 97-04 Reqardin~ Revocation or Suspension of Rental License Held by Francis Job Reqardinq Rental Property at 4017 Sixth Street There is a sixty day period from the date of the revocation of the license to bring the property into compliance. Motion by Sturdevant, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING Jt/NE 9, 1997 PAGE 5 RESOLUTION NO. 97-04 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY FRANCIS JOB, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4017 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1) (A), WRITTEN NOTICE SETTING FOR THE CAUSES A/TD REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 30, 1997 OF A PUBLIC HEARING TO BE HELD ON JUNE 9, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 17, 1996, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4017 6th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described property by Francis Job. 2. That on September 16, 1996, and November 20, 1996, the owner, Mr. Francis Job, canceled the re-inspections scheduled for these dates, and on January 17, 1997, inspector Gary Gorman conducted a final pre-revocation hearing inspection of the property in which code violations dated July 17, 1996 remained uncorrected. 3. That on January 13, 1997 the Columbia Heights City Council gave Mr. Job an extension until June 1997 to correct the violations and submit the re-inspection fees. 4. That on Ju~ 6, 1997 inspector Gary Gorman conducted a final pre-revocation hearing inspection of the property in which code violations dated July 17, 1996 remain uncorrected. Tenants were not home, and the owner did not show up. Inspector Gorman was only able to check outside violations. REGULAR COUNCIL MEETING ,~.~ 9, 1997 PAGE 6 5..Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: A. FAILURE TO CORRECT THE FOLLOWING HOUSING CODE VIOLATIONS 1. Wood trim around bathroom window rotted/deteriorated 2. Tile on bathroom walls deteriorated, falling off 3. Bathroom walls deteriorated from moisture buildup 4. Roof leaking over kitchen area (on-going 3 years) 5. Kitchen ceiling damaged from on-going roof leak 6. Kitchen light fixture affected from roof leak 7. Basement stairway unprotected against fire travel 8. Several damaged window screens on structure 9. **NEW** Grass is very long, not maintained. B. FAILURE TO SUBMIT $200.00 IN RE-INSPECTION FEES 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1) (d). CONCLUSIONS OF COUNCIL 1. That the building located at 4017 6th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1851-96 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the.buildings covered by the license held by License Holder. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 7 3. 'All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by the License Holder. Passed this 9th day of June, 1997. Offered by: Seconded by: Roll call: Sturdevant Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 7. ITEMS FOR CONSIDERATION A. Other Resolutions and Ordinances 1. First Readin~ of Ordinance No. 1348 Bein~ an Ordinance Amendinc Ordinance No. 853 Reqarding Exterior Parkinq Motion by Ruettimann, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes 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 i 5A.208 (1) No person shall occupy as an ore, er-occupant or let to another for occupancy and dwellingI 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: REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 8 (a) (b) (c) (d) (e) <f) (h) (i) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in exitence 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. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. Ail required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. 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. 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. 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. 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. REGULAR COUNCIL MEETING JI/NE 9, 1997 PAGE 9 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, Lighting Pedestrian Watkways and 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwel!ingI 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 sha!ll be required to expand the provided parking in accordance with the Code by July 1, 1998. ~ (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be s~rfaced 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 walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 10 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 Ir 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 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. Motion by Ruettimann, second by Sturdevant to establish the date of June 23, 1997 at approximately 7:00 p.m. as the date and time for the second reading of Ordinance No. 1348 being an ordinance amending City Code regarding exterior parking. Roll call: All ayes 2. First Readinq of Ordinance No. 1280 Beinq an Ordinance Amendinq the City Charter, Chapter 5, Pertaininq to th~ Referendum and Referendum Petitions To amend the Charter, the Council vote must be 5-0 in favor of the amendment. Councilmember Ruettimann noted this ordinance has five issues contained in it. He had requested they be separated so they could be considered individually. This suggestion was made to avoid the possibility of defeating the ordinance when only one of the issues could not be unanimously supported. Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JLrNE 9, 1997 PAGE 11 ORDINANCE NO. 1280 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PSRTAINING 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 whidh 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 requzre 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. 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.~ REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 12 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: 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 REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 13 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. All 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 ofl 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. The committee or council shall thereupon provideI 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 montlhs 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 icommittee 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. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 14 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. 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 p~tition shall begin as follows: REG~ COUNCIL MEETING JIINE 9, 1997 PAGE 15 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 ba!lo~s. 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 thei power, in accordance with the provisions of this chapter,I to initiate and adopt ordinances and resolutions, to require mc~zurcc 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 ~ four hundred dollars for legal advice, copying, printing, and notaries' fees. Any committee members~ at their sole discretion and at no charqe to said committee memb.er~ 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 cQnstitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shat~l 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 with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 16 INITIATIVE Section 38. INITIATION OF ~ ORDINANCES. Any five c!cctcrs reqistered voters may form themselves into a committee for the initiation of any mcasurcs ordinance of public concern. After formulating their mcasurc 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 maas'arc ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Before circutatinq any petition, they shall submit to the city attorney a copv 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 leqally 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 leqally sufficient and a verified copy thereof shall be filed with the city clerk, toqether 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 mcasurc 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 reqistered 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 siqnatures, whichever is qreater. 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 .... (stating ~he purpose of the mcasurc ordinance), a copy of which ordinance ',v. ...... ~-~..,~~ is hereby attached. This mcasurc ordinance is sponsored by the following committee of ~-~ reqistered voters: REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 17 NAME ADDRESS The undersigned clatters registered voters, underStanding the terms and the nature of the mcasurc ordinance hereto attached, petition the council for its adoption, or, in lleu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be Lppended 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 ci~cu!ated 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 Section 40. FILING OF PETITIONS ~ 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 ~cctors reqistered voters whose signatures are appended thereto, and whether this number is at least ....... ~ ten percent of the total number of electors registered voters who cast their votes at the last preceding regular municipal election or 700 signatures, whichever is creater~ REGULAR COUNCIL MEETING J~NE 9, 1997 PAGE 18 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 of 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 maa~urc ordinance to the clcctcr~ 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 mca~urc 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 mca~urc ordinance, after the holding of which the ~ur^,~ ~ ~ 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 ~ca~urc 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 clcctcr~ electorate at the next election occurrin~ 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. In case the council passes the proposed mcasurc 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 mcasurc ordinance need not be submitted to the c!cctcrs 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 registered voter the opportunity to vote either "For the mcasurc ordinance" or ,,Against the mc~surc ordinance". REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 19 If a majority of the electors recistered 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 mcazurcs ordinances may be voted upon at the same election, but in case there shall be more than one, the recistered 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 ~=~ electors reqistered voters of the city equal in number to ~ ..... ~'~ ....... = ten percent of the total vote at the last regular municipal election or 700 si~natures~ iwhichever is qreater, be filed with the city clerk requesting ithat 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 reconsfder 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 reaffirm 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 thirty nor more that forty-five days from the action of the council calling it. If a majority of the recistered 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 ,mcasur~ ordinance, 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 mcasurau 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 fcilows: REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 20 REFERENDUM PETITION Proposing the repeal of an ordinance (ct .... ~"~ ......... n, aa the case may be) to .... (statin9 the purpose of the mc~surc ordinance is hereto attached. This mcasurc 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: June 9, 1997 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1280 being an ordinance amending Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights pertaining to the Referendum and Referendum Petitions for Monday, June 23, 1997 at approximately 7:00 p.m. Roll call: All ayes 3) First Readinq of Ordinance No. 1349 Being an Ordinance Amending the Charter, ChaDter 3, Rules of Procedures and Ouorum The City Manager reviewed the change being recommended by the Charter Commission which reads as follows: "Detailed minutes of all discussions, motions, or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council." Me added he takes notes at all Council work sessions, but has had a tape recorder running during these sessions as well. Councilmember Ruettimann had concern with the amount of "detail" expected if all of the material were to be transcribed from the bape recorder. He suggested amending the ordinance to have a tape recorder operating during public meetings as well as a video recording with sound should be sufficient. A brief synopsis typed up by a staff member was Councilmember Ruettimann's recommendation. Me also suggested adding the amendment that this method of recording should be used at all meetings of commissions appointed by the Council and of any other commissions which function on behalf of the City Council. REG~ COUNCIL MEETING JUNE 9, 1997 PAGE 2'1 The City Attorney stated there is no requirement for establishing a procedure to keep detailed minutes. He felt this was a Charter issue as it is not required by state statute. Motion by Ruettimann, second by Peterson to accept the amendments and to waive the reading of the ordinance there being ample copies available for the public. Roil call: All ayes ~ ORDINANCE NO. 1349 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM The City of Columbia Heights does ordain: ~ Section !: Chapter 3, Section 17, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: RULES OF PROCEDURE AND QUORUM. The Council shall determine its own rules and order of business, and shall keep a journal of its proceedings. A majority of all members elected shall constitute time. The Council shall provide by ordinance a means by which a minority may compel the attendance of absent members. ~ Is herewith amended to read as follows: i RULES OF PROCEDURE AND QUORUM. The Council shall determine its own rules and order of business, and shall keep ~a journal of its proceedings. Detailed minutes, taped recor~i~qs or video recordincs with sound of all discussions, motions, or other actions, shall be kept for all public council meetings and/or for meetincs of any other commission appointed by the Council or any other commission which functions on behalf of the City Council. A majority of all members elected shall constitute time. The Council shall provide by ordinance a means by which a minority may compel the attendance of absent members. Section 2: This ordinance shall be 'in full effect from and after ninety (90) its passage. force and days after First Reading: June 9, 1997 REG~ COUNCIL ME~TING JUNE 9, 1997 PAGE 22 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1349 .being an ordinance amending the City Charter, Chapter 3, for June 23, 1997 at approximately 7:00 p.m. Roll call: All ayes B. Bid Considerations None C. Other Business 1) Chanqe Order to Remove Retaininq Wall Motion by Jolly, second by Jones to authorize Change Order 9415-1 to sawcut and remove the retaining wall on Gould Avenue for 3942 Reservoir Boulevard to Midwest Asphalt Corporation in the amount of $3,960.00. Roll call: All ayes 2) Approval of Consultinq Contract with USAquatics on Wading Pool Improvements Motion by Peterson, second by Sturdevant that a contract for the evaluation phase of the wading pool improvements be awarded to USAquatics based on their experience for a not-to- exceed cost of $4,800; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Funding for this study is to be from Fund 412-45200. Roll call: All ayes 3) Appeal - Variance and Conditional Use Permit, Brad and Chris Ferris, 411 40th Avenue Northeast The Zoning Coordinator reviewed the appeal of the property owners regarding the prohibition to use the property at 411 40th Avenue. She also reviewed the history of the house relative to its condemnation. Some of the work done previously in the house was performed by a friend of the former owner. It was noted that the work currently being done is being done without permits. This work must have permits pulled even if it is completed. There will not be permits issued by the Zoning Department until detailed architectural plans and drawings have been submitted by the current owners. Councilmember Ruettimann inquired if the City would be put at risk if it rescinded the resolution declaring the building at 411 40th Avenue as hazardous and approve the requests. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 23 The City Attorney advised that the City is protected from any risk with this matter by rescinding Resolution N©. 95-69. Councilmember Ruettimann felt there should beSomereassurance for the Council that the owners of this property had been made completely aware of what they are expected to do with this property before it can be considered complete, in!compliance, and a Certificate of Occupancy is issued. He suggested a very complete list be drafted including all these items. Motion by Peterson, second by Jolly to rescind Resolution No. 95-69 declaring 411 40th Avenue Northeast as an hazardous building and approval of the appeal request to allow the use of the property as a commercial use provided all Code required work is completed and inspected per the Building Official, Fire Inspector and Housing Maintenance inspection requirements prior to occupancy. Roll call: All ayes Motion by Peterson, second by Jolly that all required work be completed and approved prior to occupancy unless ~he Building Inspector approves a temporary certificate of occupancy and that there be the installation of the required screening fence along the north property line. Roll call: All ayes Motion by Peterson, second by Jolly to approve theconditional use permit for a second story dwelling unit at 411! 40th Avenue Northeast provided the following conditions are met: t) Appeal for use of the building is granted by the City Council. 2) Variance of 4.5 feet be approved by the City Council. 3) Ail code required work be completed and approved prior to occupancy of the residential unit. 4) Installation of required screening along the north property line of the property (six foot high privacy fence). 5) Obtain a City rental license for residential Unit. Mrs. Ferris, one of the property owners, inquired as to the necessity of requiring the installation of a six foot high fence. She was advised why this screening fence is needed. 8. ADMINISTRATIVE REPORTS A. ReDort of the City Manaqer The City Manager reviewed the items for the June 16th Council work session agenda. REGULAR COUNCIL MEETING ~!NE 9, 1997 PAGE 24 Included on the agenda will be a discussion on the HERC situation on Innbruck Parkway, the Public Safety Department concept and effects, procedures to appoint an Assistant Fire Chief and the COPS FAST program. A meeting with the Auditor will be the first item on the June 16th work session agenda. The Public Works Director explained that some trees are being removed from the area where the new waterworks structure is being built. The City of Minneapolis has been informing the neighbors in the area as to the timetable for this project. In response to an inquiry about the location of a platform and landscaping in the area of the Columbia Heights' water tower, the Public Works Director gave an update as to activities. The platform is not being moved only the equipment which was on the platform is being moved. Fencing will be added as will landscaping. The property owner to the north of this project will be advised as the project progresses and invited to give his input. Councilmember Peterson inquired if there is follow-up on weed complaints. The City's Community Service Officers do this follow-up. An inquiry was made regarding the weeds along the University Avenue corridor. The Public Works Director noted he has not been contacted by MnDOT maintenance staff on this matter. He will contact them in two weeks if he has not heard from them. The City Manager advised that the roofs of all city buildings will be viewed by a contractor. B. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS ao Minutes of Board and Commission MeetinGs · Minutes from the April 15, 1997 EDA Meeting, the June 2, 1997 Traffic Commission Meeting and the May 22, 1997 Charter Commission Meeting were included in the agenda packet. They were for informational purposes only and required no Council action. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 25 10. CITIZEN FORUM TO ~DRESS THE COUNCIL ON MATTERS NOT ON AGENDA Mrs. Kuppe, property owner of 4020-4022 Central Avenue, presented a petition from business owners in proximity to her property. The petition requested the Council to consider allowing businesses to put up reasonable temporary signs and wares to sell on the sidewalks of their block. The block is on the west side of Central Avenue, 40th to 41st Avenues. i The business person at 4022 Central Avenue had received a ticket for a sign which he had placed on the:sideWalk outside his business. The Zoning Coordinator stated that an ordinance ~hange would be needed to accommodate any signage or other!wares being placed on the sidewalk. This is viewed as an obstruction of a public right-of-way. ~ Mrs. Kuppe and her tenant spoke to the need to draw attention to the businesses in their area. It is her tenant~'s desire to have an outside cafe and some sidewalk displays of his products. The City Attorney was requested to review existing ordinances which address signage and sidewalk cafes. ~ The Zoning Coordinator will review the ordinances also and draft a letter which addresses this situation~ The Police Department will be copied on this letter. RECESS TO EXECUTIVE SESSION The Regular Council Meeting was recessed at 8:55 p.m. to an Executive Session to discuss negotiations regarding the lease for the Top Va!u Liquor Store· Jo-Anne Student was appointed as the Recording Secretary to keep a written report of the same · RECONVENE REGULAR COUNCIL MEETING The Regular Council Meeting was reconvened from the Executive Session at 9:30 p.m· which was called to discuss negotiations regarding the lease for the Top Va!u Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 26 11. ADJOURNMENT Motion by Peterson, second by Jones to adjourn the meeting at 9:31 p.m. Roll call: All ayes -Anne Student ,~-Council Joseph S~urdevant Secretary