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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