HomeMy WebLinkAboutJune 27, 1988OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 27, 1988
The meeting was called to order by Mayor Hadtrath at 7:30 p.m..
1. Roll Call
Paulson, Petkoff, Carlson, Paterson, Hadtrath - present
2. Pledge of Allegiance
3. Consent Agenda
The following items were presented on the consent agenda:
Minutes of Previous Meetings
The Council approved the minutes of the Regular City Council Meeting of June
13, 1988 as written.
First Reading of Ordinance No. 1165, Being an Ordinance Amending Ordinance
No. 853, City Code of 1977, Pertaining to Fences
The first reading of Ordinance No. 1165 was waived.
ORDINANCE NO. 1165
BEING AN ORD~I~ANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING
TO FENCES
The City of Columbia Heights does ordain:
Section 1:
Section 6.403(3) of the City Code of 1977, passed June 21, 1977,
which reads as follows, to wit:
6.403(3) A privacy fence may be constructed only if:
(a) All property owners within 100 feet of the proposed fence shall
be given at least ten (10) days mailed notice of the public
hearing before the Planning and Zoning Commission regarding the
same.
(b) All property owners abutting said fence present a written
agreement consenting to the approval of the same.
(c) The Planning and Zoning Commission approves at a public hearing
the plans submitted by finding that a denial of such application
would present an undue hardship on the applicant.
(d) Any such fence to be constructed or maintained in the front yard
of any corner lot will not obstruct vision from the adjacent
streets of traffic approaching within thirty (30) feet as
measured from the center of the adjacent intersection. The
Building 0fficiel shall determine the maximum allowable height
for fences on a corner lot in accordance with his personal
observations and findings relatlng to visibility.
(e) Any such fence will not be more than 42 inches high if
constructed or maintained: in any front yard or near the side
lot line of the property upon which such fence is to be
.Regular Council Meeting
June 27, 1988
page 2
constructed; or at any point which lies in the front and to the
side of any house built on property adjacent to the property
upon which such fence is to be constructed; or at any point
which lies in front and to the side of any house on the lot
upon which such fence is to be constructed.
Is herewith amended to read as follows:
6.403(3) A privacy fence may be constructed only if:
(a) All property owners abutting said fence present a written
agreement consenting to the approval of the same.
(b) Any such fence to be constructed or maintained in the front yard
of any corner lot will not obstruct vision from the adjacent
streets of traffic approaching within thirty (30) feet as
measured from the center of the adjacent intersection. The
Building Official shall determine the maximum allowable height
for fences on a corner lot in accordance with his personal
observations and findings relating to visibility.
(c) Any such fence will not be more than 42 inches high if
constructed or maintained as follows:
1. In any front yard or near the side lot line of the property
upon which such fence is to be constructed.
2. At any peint which lies in the front and to the side of any
house built on property adjacent to the property upon which
such fence is to be constructed.
3. At any point which lies in front and to the side of any
house on the lot upon which such fence is to~ constructed.
Section 2: This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First Reading:
June 27, 1988
The second reading and public hearing of Ordinance No. 1165 is scheduled for
July 11, 1988.
No Parking Designation on a Portion of Mill Street
The Council approved to totally restrict parking at any time from a distance
starting at 291 feet west of the intersection of the back of curb of Mill
Street and 40th Avenue to a distance ending at 359 feet west of said inter-
section on the north side of Mill Street.
Confirmation of Mayor's Appointment to Boards and Commissions
The Council confirmed the Mayor's appointment of Dick Anderson to the
Housing and Redevelopment Authority for a term expiring in April, 1~93.
Regular Council Meeting
June 27, 1988
page 3
Adoption of Five Year Capital Improvement/Capital Outlay Program
The Council approved the adoption of the 1989 - 1993 Capital Improvement
Program and Capital Outlay Requests as a guideline and direction for future
City improvements and expenditures.
Request by Oak Hill Baptist Church to Hang Banner
The Council authorized the Oak Hill Baptist Church to hang a banner on the
University Avenue side of the church in conjunction with Vacation Bible
School for approximately two weeks, July 15th to August 8th and required
that the banner be removed by August llth.
Schools and Conferences
The Council approved the attendance of Robert Bocwinski, City Manager, at the
ICMA Annual Conference on October 22 - 27, 1988 which will be held at Charlotte,
North Carolina and that related expenses be reimbursed.
Licenses
The Council approved the license applications as listed upon payment of proper
fees and waived the fees as requested.
Payment of Bills
The Council authorized the payment of the bills as listed out of proper funds.
4. Approval of Consent Agenda
Motion by Peterson, second by Paulson to approve the consent agenda as pre-
sented. Roll call: All ayes
5. Open Mike
There were no residents present for Open Mike.
5a. Presentation
Don Jolly, Public Works Superintendent, received an award from the Central States
Water Pollution Control Association. Jolly, in accepting the award, felt the
award was received because of all of the dedication and hard work of the persons
in the department.
5b. Introductions
Mayor Hadtrath introduced the newly-appointed members of various boards and
commissions which serve the City.
6. Ordinances and Resolutions
a. Resolution Adopting a Comparable Worth Compensation Plan for the C~ty
The City Manager reviewed the proposed plan noting that it included the proposed
maximum monthly salaries for employees. He stated that this is only a guideline
and is subject to negotiations and the City's Comparable Worth Implementation
Plan. Some city employees in attendance stated their concerns with the proposed
salarles. Members of the Councll requested that the proposed plan be explained
to all of the employees in structured meetings. The City Manager will set up
the informational meetings.
Motion by Peterson, second by Carlson to table the Comparable Worth Compensation
Plan resolution. Roll call: All ayes
Regular Council Meeting
June 27, 1988
page 4
b. Ordinance No. i16G; Relating to Emergency Water Conservation
This ordinance will be effective June 29, 1988. Motion by Peterson, second
by Carlson to waive the reading of the ordinance there being ample copies
available to the public. Roll call: All ayes
ORDINANCE NO. 1166
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING
TO EMERGENCY WATER CONSERVATION
WHEREAS, the City Charter of the City of Columbia Heights provides that an
emergency ordinance may become effective immediately upon its passage or st
such later date as is fixed within such ordinance, and
WHEREAS, a great drought now exists within the State of Minnesota, and
WHEREAS, the shortage of water within the State of Minnesota has reached
crisis proportions, and
WHEREAS, the City of Columbia Heights purchases water from the City of Min-
neapolis and is obligated by agreement to follow certain contractural guide-
lines relating to the preservation of water, and
WHEREAS, a shortage of water could substantially endanger the sanitation of
the residents of the City and could threaten the ability of the City to deal
with fire emergencies,
NOW, THEREFORE, the City of Columbia Heights does ordain:
Section 1: Section 8.501 of the City Code of 1977, passed June 21, 1977, which
is currently reserved, shall hereinafter read as follows, to wit:
CHAPTER 8 PUBLIC HEALTH AND SAFETY
ARTICLE 5 PUBLIC SAFETY
Section 1:
8.501(1)
Water Preservation
The provisions of ~8.501 shall apply to all persons uslng water both
in and outside the City and regardless of whether any person using
water shall have a contract for water service with the City.
8.5Ol (2)
No person shall use or withdraw water for the purpose of sprinkling,
watering or irrigating of lawns, grass, ground covers or gardens,
except as follows:
(a)
Watering of mature sod and gardens at any site with an
odd-numbered address w111 be permitted on odd-numbered
dates,
(bi
Watering of mature sod and gardens at any site with an
even-numbered address will be permitted on even-numbered
dates,
Regular Council Meeting
June 27, 1988
page 5
(c)
Watering of new sod or trees planted within the last
five (5) years or having a diameter of less .than three
inches will be permitted at any time.
8. 501 (3)
No person, other than a commercial car wash, shall wash a
private vehicle except those persons residing in odd-numbered
residences may wash their private vehicles on odd-numbered
dates and persons with even-numbered residences may wash their
private vehicles on even-numbered dates. No person shall know-
ingly allow defective plumbing to remain out of repair which
allows the escape of water.
8.501(4)
The City Manager shall have the authority to permit a reasonable
use of water in any case necessary to maintain adequate health
and sanitation standards.
8.501 (5)
The City Manager shall have the authority to enforce the provisions
of this ordinance by discontinuance of water service in the event
of violation hereof in addition to the other penalities available
herein.
8.5Ol (6)
8.501 (7)
The City Manager shall have the authority to terminate enforcement
of this ordinance at such time as he determlnes that the ~hortage
of water no longer exists.
Any person, firm or corporation violating the provisions of this
section shall be warned of the existence of this ordinance. Any
person, firm or corporation violating any of the provisions of
this ordinance after having first received a warning shall be
deemed guilty of a petty misdemeanor and upon conviction thereof
shall be fined in an amount of $25.
8.50] (8)
Any person, firm or corporation violating any of the provisions
of this ordinance after having received a warning and after
receiving a citation for a petty misdemeanor violation shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in an amount not exceeding $700 or be imprisoned for
a period not exceeding 90 days or be both fined and imprisoned.
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as
such hereunder.
Section 2:
This ordinance is passed as an emergency measure, and the Council
does, by a vote by which this ordinance is passed, hereby declares
that an emergency exists, which makes it imperative that this
ordinance shall become effective from and after June 29, 1988
in order that the public health, welfare and safety might nx)st'
effectively be protected.
First reading:
Date of Passage:
June 27, 1988
June 27, 1988
Offered by:
Seconded by:
Roll call:
Peterson
Carlson
All ayes
Regular Council Meeting
June 27, 1988
page 6
7. Communications
Constitutional Challenge to 1988 Omnibus Tax Bill - AMM
Motion by Paulson, second by Carlson to authorize the City Manager to Inform
the Association of Metropolitan Municipalities' Board of Directors expressing
the Columbia Heights Mayor and City Council's support of the AMM's active
participation in the Constitutional Challenge to the 1988 Omnibus Tax Bill;
however, that members be first informed of any additional costs associated
with a court challenge. Roll call: All ayes
8. Old Business
a. Finding of Fact Regarding City's Assessment of Penalities Against Cable
TV North Central
The City Manager advised that the cable company is presently working on a
package which may ameliorate the problems. The company has requested that
the Council delay any action on this matter until the July lIth Council
meeting. Mayor Hadtrath indicated he felt this matter should be postponed
until the July llth meeting but no longer.
Motion by Paterson, second by Petkoff to table this matter. Roll call: Al)
ayes
b. Letter of Credit Between Warren Osborne and the City for Development of
4331 and 4357 Third Street ~
The City Manager reviewed the memos from staff, noting that the Building
Inspector recommended release of the Letter of Credit and the City Engineer
did not. He agreed that the Letter of Credit should not be released as he
felt the soil had not been sufficiently stabilized on the vacant lots.
The Mayor and three Councilmembers had viewed the properties and were of
the opnion that everything that could be done to assure stabilization and
to address waterflow and grading was complete. The Ci(y Engineer suggested
that bales of hay could be put in to avoid soil erosion.
Motion by Paterson, second by Carlson to release the $10,O00 Letter of Credit
to Warren Osborne. Roll call: Petkoff, Carlson, Paterson, Hadtrath - aye
Paulson - nay
c. Mechanical, Electrical, Roofing Improvements for City Hall, Municipal
Service Center and the Library
Motion by Paulson, second by Petkoff to authorize the City Manager to proceed
wlth preparation of contract documents, including plans and specifications
for bidding recommended mechanical, electrical, and roofing improvements for
the Columbia Heights City Hall and the Munlclpal Service Center and preliminary
study of the Columbia Heights Library at a cost of $2,000 by the Engineering
Architectural Firm of Toltz, King, Duvall, Anderson and Associates, Inc.
based upon the amended fee schedule dated June 24, 1988; and, furthermore,
that representatives of TKDA submit final plans and specifications to the
City Council for review prior to seeking formal bids. Roll call: All ayes
Regular Council Meeting
June 27, 1988
page 7
New Business
Authorization to Proceed with Rekeying of City Hall
Motion by Peterson, second by Paulson to authorize the City Manager to
proceed with rekeying of the City Hall with the Medeco Lock System from
Security Control Systems, Inc. based upon a quotation of $6,368 and that
the Mayor and City Manager are authorized to execute a contract for same;
and furthermore, that the City Council recognizes this purchase to be a
proprietary item. Roll call: All ayes
10. Reports
a. Report of the City Manager
The City Manager's report was submitted in written form and some of the
items in the report were briefly discussed.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
Adjournment
Motion by Paulson, second by Peterson to adjourn the meeting at 9:40 p.m..
Roli call: All ayes
/~o-Anne Student, Council Secretary
Mayor Dale V. Hadtrath