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HomeMy WebLinkAboutAugust 26, 1991OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 26, 1991 The meeting was called to order by Mayor Carlson at 7:00 p.m. aOLL CA~L Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: First Reading of Ordinance No. 1231; Being an Ordinance ;%mending Ordinance No. 1181, A;nendinQ Ordinance No. 853, City Code of 1977, Pertaining to Solid Waste Ihe reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1231 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1181, AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SOLID WASTE The City of Columbia Heights does ordain: Section l: Chapter 8, Article III, Section 1 of Ordinance No. 1181, passed March 27, 1989, which currently reads as follows, to wit: Chapter 8 Public Health and Safety Article III: Garbage and Rubbish Recyclable Material Section 1: Storage Containers 8.301(1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon.'such property at least once a week. For purposes of this code: REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 2 (a) "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. (b) 'Rubbish' shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. (c) 'Recyclable Materials' shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and whi ch are intended f or transportation, processing and remanufacturing or reuse. 8.301(2) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. 8.301(3) Notwithstanding the provisions of 8.301(2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 3 8.301(4) (a) (b) (c) (d) (e) (f) Such vats shall be designed with the proper attachments for lifting unto refuse trucks. AIl accumulations of garbage and rubbtsh must be deposited and contained within the containers as provided in this section, ~xcept that: tree limbs with diameters of less than four inches (4') and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18') in diameter; leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.); bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs); Christmas trees up to six feet (6') in length (during January); small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.); and stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 4 8.301(5) 8.301(6) 8.301(7) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, oarbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. All authorized City recycling containers shall be placed at the curb line on pick-up day regardless of existing alleys. Refuse and garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically impossible tc place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conformin~ with the requirements of this section, except as REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 5 specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301(9). 8.301(8) Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. 8.301(9) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. is herewith amended to read as follows: Chapter 8 Article III Section 1: 8.301(1) Public Health and Safety Garbage, Rubbish and Recyclable Material Storage Containers Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week durin~ the yard waste season as determined by the .City Manager. This provision does not apply to composting permitted by Section 8.301 (6). For purposes of this code: REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 6 (a) "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. 8.301(2) (b) "Rubbish" shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. (c) 'Recyclable Materials' shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and whi ch are intended for transportation, processing and remanufacturing or reuse. (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste, and soft bodied green herbaceous material under one inch (1") in diameter. (e) "Composting" shall mean any above ground microbial process that converts yard waste to organic soil amendment or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. (f) 'Sheet Composting" shall mean the spreading, incorporation or application of raw or composted yard waste onto land. Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to thirty-two (32) gallons or seventy-five (75) pound capactt¥~ The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. Containers for the storage of garbage and rubbish shall be REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 7 8.301(3) maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. Disposal of yard waste shall be from plastic or paper biodegradable bags no larger than thirty-five (35) gallon garbage can liner size not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly-tight metal or thermoplastic container which is clearly identified as containing yard waste and weighing no more than seventy-five pounds (75 lbs.). Containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. Notwithstanding the provisions of 8.301(2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage or rubbish, shall utilize a vat service in lieu of the above requirements. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 8 8.301(4) Such vats shall 'be designed with the proper attachments for lifting onto refuse trucks. All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4') and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in water- proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight. (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); id) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.) (f) yard waste in plastic or paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly-tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.) with handles; and stone; sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 9 padding, mattresses, chairs, couches, tables and other such items of furniture;shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. 8.301(5) Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans shall be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four (24) hours after scheduled collections, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick-up day regardless of existing alleys. 8.301(6) Composting is prohibited for any owner or occupant of property within the City for business, commercial, industrial or residential purposes, except as hereinafter provided: (a) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (b) Compostlng may consist of only yard waste, woo~ ash, and sawdust generated from the site on which the composting is located; (c) Composting must be in a back yard and muss be five (5) feet from any side or rear yard lot line and no closer than twenty (20) feet to any REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 10 8.301(7) habitable building, other than the resident's own home, or less than two (2) feet from the alley if any alley exists; (d) Composting shall be conducted within an enclosed container(s) not to exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet, and five (5) feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (e) Sheet composting shall cover no more than .025 of the total lot area, and in no case exceed 500 square feet, must be in a back yard, and must have five (5) feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (f) None of the following materials shall be placed in the composting container(s); meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes or diseased plants. Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically impossible to REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 11 8.301(8) 8.301(9) 8.301(10) place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible with appropriate screening or in such place as the Council may require. Major appliances are managed as a separate waste stream under Minnesota Statute 115A.9561. Major appliances are defined as: Clothes washer and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators, freezers, humidifiers, dehumidifiers and any other appliances specified in Minnesota Waste Management Act amendments. The City will establish a collection and disposal program for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildings, or other structure utilized for dwelling purposes within the City of Columbia Heights must use the major appliance program made available by contract by the City of Columbia Heights. The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.$01(9). Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use/the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 12 8.301(11) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Section 2: This ordinance shall be in effect from and after thirty its passage. full force and (30) days after First Reading: August 26, 1991 The second reading of Ordinance No. 1231 is scheduled for September 9, 199i. Resolution No. 91-46; Being a Resolution Designating Election Judges for the 1991 Primary and General Elections The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-46 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE 1991 PRIMARY AND GENERAL ELECTIONS Pursuant to City Charter, Section 30 and M.S.S. 204A, the Council shall appoint at least 25 days before election, qualified voters in each election district to be judges of election, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary Election on September 24, 1991 and the General Election on November 5, 1991 with an hourly remuneration of $6.00 for a Head Judge and $5.50 for an Election Judge. Passed this 26th day of August, 1991 Offered by: Seconded by: Roll call: Nawrocki Peterson All ayes REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 13 Mayor Edward M. Carlson Jo-Anne Student, Council Secretary ~es~r~cti0D of Parkina at the Intersection of 48th Avenue and W~shinaton street The Council authorized "No Parking' at any time on the northwest corner curb return of Washington Street and 48th Avenue from a point of intersection of the extension of the south property line of 4800 Washington Street and the west curb of Washington Street and the intersection of the extension of the east property line of 4800 Washington Street and the north curb of 48th Avenue. Authorization of Dispose of City Property The Council authorized the City Manager to dispose of Municipal Unit #415 (old PD #39) at the Hennepin County Auction scheduled for September 28, 1991. License Applications The Council approved the 1991 license applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of the bills as li'sted out of proper funds. 4. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Peterson to approve the consent agenda as presented. Roll call: All ayes 4a. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Councilmember Peterson requested the addition of the roll call which was "All Ayes" be made to the motion on page eleven. Motion by Peterson, second by Clerkin to approve the minutes of the August 12, 1991 Regular Council Meeting with the recommended correction. Roll call: All ayes 5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS a. Proclamation - Designa'ting Citizenship Day and Constitution Week Mayor Carlson read the proclamation designating September 17th as Citizenship Day and September 17th through September 23rd as Constitution Week. He presented the REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 14 proclamation to two members of the City's Bicentennial Commission. b. OPen Mike The owner of two double bungalows located on Third Street and 38th Avenue advised the Council of some of the problems he is experiencing with the enforcement of the City's Housing Maintenance Code. He stated he has complied with all of the requirements of the Code except the hard surfacing of his parking areas. Me would like to have this done next year when he will also be considering putting in sidewalks and garages. He is also concerned with his tenants reaction to the posting on his building which states his non-compliance. It was his contention that the Building Inspector advised his tenants they do not have to pay their rent and that they may be evicted if the Code requirements are not met by a certain date. Mayor Carlson had contacted the Building Inspections Department regarding tenant contact and what they had been told. He was advised the tenants were not told to withhold their rent and eviction was not discussed. The City Manager referred to an agreement by the property owner, Jerry Wakeman, on August 21st. The agreement stated that all of the required work would be done and an extension would be granted. Mr. Wakeman indicated a doubt that the parking surface could be completed on time but signed the agreement anyway. Mr. Wakeman felt the parking surface would cost approximately $5,000 and this would pose a hardship for him. Councilmember Peterson noted that if the parking area were to be surfaced with blacktop it should not cost any more than $800. Mr. #akeman is requesting a sixty day extension to complete the parking lot, do some landscaping and secure financing for these improvements. He felt if he cannot secure the financing for the whole package he will get the surfacing done one way or another by the sixty day deadline. The City Manager stated he is not optimistic that the sixty day deadline will be:met noting the past history of this property owner. Mr. Wakeman advised he has an appointment for an inspection of his property on August 31st. The City Manager felt this matter could be handled REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 15 administratively. He suggested that if the properties pass the inspection on August 31st a compromise could be made and a sixty day extension be granted. If the properties do not pass the inspection a tag will be issued. Councilmember Peterson felt a forty-five day extension should be granted rather than sixty days· Scott Anderson, who owns the property at 3709 Polk Street, advised the Council that the City has maintained the bank on the south side of his property for approximately thirty years· This practice was recently discontinued and Mr. Anderson received a letter from the City requesting he maintain the area· He presented photos of the area which is an embankment immediately next to his fence and facing on 37th Avenue. It includes the boulevard and the right-of-way. Staff advised the Council that there approximately 7,000 to 8,000 boulevards in the City which are maintained by adjacent property owners. Complaints have been received from residents who maintain the boulevards and have noted that some boulevards are being maintained by City crews. The Public Works Director ordered that all boulevard maintenance by City crews cease. He noted that there are about two dozen unique situations just like this in the City. Councilmember Nawrocki recalled the history of the alley directly behind Mr. Anderson's property. It has a cul-de- sac at the end of it and the property from the cul-de-sac down to 37th Avenue has been maintained by City crews. This property is immediately next to that of the property about which Mr. Anderson is concerned. Mayor Carlson requested staff to research the minutes of the meetings where this location was discussed and that the City Manager and the Public Works Director work with Mr. Anderson. p.UBLIC MEARINGS/0RDINANCES/RESOLUTO~NS a. Second Reading of Ordinance No. 1227; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as Amended, Pertaining to water, Sanitary Sewer and Storm Sewer Services and Connections Motion by Pet,son, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 16 After considerable discussion the followingamenclments/changes were made to the ordinance: page 6, 4.306: Motion by Nawrocki, second by Clerkin to add the words "when practical" to the last line. Roll call: All ayes page 6, 4.313(1)(B): Motion by Nawrockt, second by Ruettlmann to add the words "or floor' between the words "wall" and 'where". Roll call: All ayes page 9, (4): Motion by Nawrocki, second by Carlson to strike the words "at all times". Roll call: All ayes page 9, paragraph following (4): Motion by Nawrocki, second by Carlson to strike the word "business." Roll call: All ayes page 11, (B): Motion by Nawrocki, second by Clerkin to change the paragraph to read as follows: "The administrative service shall mail said water bills to the owner at the address listed for each specified meter location or to such address as the owner of record may request in writing." Roll call: Nawrocki, Clerkin, Carlson - aye Ruettimann - nay Peterson - abstain page 11, (C): Motion by Nawrocki, second by Carlson to delete the word "recent" in the last sentence of the paragraph and replace with the word "dated". Roll call: All ayes ORDINANCE NO. 1227 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO WATER, SANITARY SEWER AND STORM SEWER SERVICES AND CONNECTIONS The City of Columbia Heights does ordain: Section 1: Chapter 4, Article III, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which has been repealed by Ordinance No. 1224, shall hereafter read as follows, to wit: CHAPTER 4, ARTICLE III Water, Sanitary Sewer and Storm Sewer Services and Connections 4.301 MUNICIPAL WATER SYSTEM REGULAR COUNCIL MEETING AUGUST 26, i991 PAGE 17 4.302 4.303 (A) (B) (C) (D) 4.303 4.304(1) (A) COMPLIANC~ WITH pROVISIONS No person shall make, construct or install any water service installation, or make use of any water service connected to the water system except in the manner provided in this Chapter, nor shall any person make, construct, install or make use of any installation connected to the water system contrary to the regulatory provisions of this Chapter. WATER SERVICE CONNECTIONS: PERMIT REQUIREMENTS Permit Required No person other than a City employee shall uncover or make or use any City municipal water system except pursuant to a permit obtained from the Inspections Department. Conditions of Permit No permit to tap or connect with sewer or water service in the City shall be granted for service to property for which there are delinquent taxes, delinquent special assessents, or unpaid special charges, as of the date of the permit application. ~eposit for Water Used During Construction A deposit for the estimated amount of water to be used during construction shall be paid when filing for a plumbing permit. ~xcavation. Permit An excavation permit pursuant to Chapter 6, Article III, Section I hereof, is required if any part of the excavation for municipal water is within a City street. WATER SERVICE CONNECTIONS ANp p;SCONNEC~ION$: CHARGES, .MANNER AND COSTS Connec~ion and Disconnection Charaes Water service for any premises, building or bulldino unit, shall not be commenced or restarted until a connection fee in an amount set by resolution of the Council is paid to the Clerk, to~ether with 'any delinguent water bills from past service to said building or building unit, and any unpaid and delinquent special assessments. (B) Where separate water meters are installed to service REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE i8 separate locations or units within the same building, the provisions of this section relating to delinquent water bills shall only apply to those locations or units for which such delinquencies exist. (C) The provisions of this section shall remain in full force and effect without regard to any private contractual agreements or responsibilities between individuals or firms, regarding the payment of water bills, and the providing of utility services. (D) A disconnection fee as set by resolution of the Council shall be charged upon voluntary or involuntary terminating of water service at any premises, building or building unit. 4.30412) Manner and Costs (A) Taps or connections to the water mains shall be made by the Public Works Department at no cost to the applicant for taps up to and including one (1) inch in size. (B) Taps larger than one (1) inch shall be made by applicant at the expense of the applicant. (C) Ali taps and connections shall be left uncovered until inspected and tested by the Public Works Department. All connections shall conform with City inspection. 4.305 INSTALLATION AND CONSTRUCTION SPECIFICATIONS REQUIREMENTS AND All installations of service shall comply with the following: (A) All services shall be constructed by a licensed plumber at the owner's expense. (B) Services two (2) inches In diameter and less shall be 'Type K" copper. All services larger than two (2) inches in diameter, shall be cast iron or ductile iron. (C) All taps two (2) inches in diameter or smaller shall be made with the use of a corporation stop designed for tapping under pressure. (D) The maximum size corporation stop that can be tapped directly into the main is as fillows: REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 19 (E) (F) (G) (H) (I) (J) Pipe Size Up to 4" cast iron or ductile iron 6" cast iron or ductile iron TaP Size 3/4" 1" The maximum size corporation stop that can be used with double-strap bronze service saddle is as follows~ Pipe Size 4" cast iron or ductile iron 6" cast iron or ductile iron 8' cast iron or ductile iron TaD Size 1" 1-1/2" 2" All taps other than those allowed in the preceding paragraph shall be made only with the use of an approved tapping sleeve and valve. All corporation stops must have clear openings of the same diameter as the pipe with which they are placed and be of a make and pattern approved by the Public Works Department. All curb stops one (1) inch and larger shall be of the Mueller Oriseal design or approved equal. All services must be placed not less than seven (7) feet below finished Grade; and each service two (2) inches in diameter and smaller shall have a Minneapolis pattern base curb stop fitted with a stop box set on the property line at the same Grade as an existing or proposed sidewalk. The stop box used shall have a Minneapolis base and be of a design approved by the Public Works Department. Stop boxes on curb stops one and one fourth (1-1/4) inch diameter and smaller shall have an unobstructed opening of one and one half (1-1/2) Inch diameter. Curb stops one and one half (1-1/2) inch diameter and larger shall have an unobstructed opening of a minimum size as the service pipe. All stop boxes shall be fitted with a cover approved by the Public Works Department. Every service pipe must have a shut-off valve placed adjacent to and on the street side of the meter which must be kept tn workin~ order at all times so that the water may be shut off by the occupant of the:premises. Said valve shall be no more than one (1) foot from the inside wall of the structure. There shall also be a Gate valve placed on the outlet side of the water meter, not more than one (i) foot from the meter so that the meter can be taken out or replaced without draining the plumbing system of the REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 20 4.306 4.307 4.308 4.309 (K) (L) building. All valves shall have a clear opening the size of the inside diameter of the service. The minimum size water service allowed shall be one (1) inch. Plumbers shall leave all new water services shut off at the curb stop after completing the testing. Curb stops are to remain off until a water meter has been installed. SERVICES: RESTRICTIONS ON LAYING OF PIPES No customer shall be permitted to conduct water pipes across lots or buildings to adjoining properttes~ but all service pipes shall be laid on streets, alleys, or public ground to the properties to be served and entered at the front or rear, when practical, of the building nearest the main. SERVICES: SEPARATE SERVICE TO EACH BUILDING No new service shall be constructed and no existing service shall be changed in such manner that more than one building and in the case of residential property, one living unit shall be on the same service pipe, without specific approval by the City Manager. SEPARATE CURB STOP REQUIRED FOR EACH BUILDING Owners of properties having water services which do not have separate curb stops and boxes for each building or which otherwise do not conform to the requirements in this chapter at the time of its passage may be required to put in such curb stop or make such other changes as are necessary to conform to these requirementes, when so Instructed by the Public Works Department. TWO OR MORE SERVICES ON ONE CURB STOP Mhere there are two or more services on one curb stop the water will not be turned on for one service unless the service pipes supplying the entire premises are metered and the water bill is paid for each service. The property owner shall be held responsible for the water bill and any maintenance, repairs or replacements of the service line where more than one unit is served by one service line. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 21 4.310 MAINTENANCE RESPONSIBILITY OF SERVICE PIPES (A) It shall be the responsibility of the property owner to maintain and/or replace service pipes, including curb stops, from the corporation on the main to the meter. (B) The property owner shall immediately repair any leak occurring in his service pipe when the property owner is notified by the Public Works Department that the leak is in their service. Within twenty-four hours , the property owner shall provide the department the name of the contractor that will make the repair and when the repair will be made, which repair must be completed within two (2) days. If the repair has not been completed within three (3) days from the date the property owner was first notified of the leak, the Public Works Department shall cause the work to be completed and the property owner will be billed for all expenses involved. If for some reason the work is deemed to be a hazard for the safety and welfare of the general public, the Public Works Department may cause the work to be completed immediately after discovering the leak,.and bill all expenses to the customer. 4.311 UNUSED SERVICE PIPE All service pipes that become useless or abandoned, including previously abandoned or unused services upon discovery of same, must be permanently closed off and plugged at the watermain by the property owner and so reported to the Public Works Department. In the event the property owner fails to shut off the service after being notified by certified mail, the Public Works Department may perform the necessary work and charge all expenses involved to the owner of the property. 4.312 CONTROL OF WATER: DISCLAIMER: LIABILITY 4.312 (I) ~iaht to Sbu% Off Water or Vary water Pressure The Public Works Department reserves the right, at any time when necessary and without notice, to discontinue water supply or to vary water pressure for the purpose of making repairs or extensl.ons or for any other purpose deemed to be in the best interest of the general public health and welfare. No claim shall be made against the City of Columbia Heights for any damage that may result from shutting off water or from varying the water pressure. The Public Works Department shall give notice REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 22 prior to shutting off water if conditions are such that it is possible to do so. 4.312 (2) pressure and Supply Not GvaTanteed The Public Works Department does not guarantee the customer any fixed pressure or a continuous supply. In emergencies water may be shut off without notice. 4.312 (3) Disclaimer of Liability The Public Works Department shall not be held responsible by reason of the breaking of any service pipe or apparatus, frozen water services, shut-off, fixtures within the premises, for failure in the supply of water, or variances in pressure. 4.313 WATER METERS 4.313 (I) Requirements and Installation (A) Except for extinguishing of fire, no person or other entity except authorized City employuees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter furnished by the Public Works Department at the expense of such person or entity. (B) The Public Works Department shall insure that every customer and user of City water is provided with a properly installed water meter upon request therefore. All meters shall be installed by a licensed plumber or by the Public Works Department in accordance with the following rules: (1) Meters shall be placed on the service pipe not to exceed one (1) foot from the wall or floor where such pipe enters the premises. There shall be a valve between the meter and the wall; (3) The meter must be placed in a suitable place so as to keep it dry and clean, protected from frost. (4) All meters shall be readily accessible to the meter reader and Inspectors of the Public Works Department. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 23 For purposes of enforcing the provisions of this code, delegated City officials upon presentation of proper identification shall have the authority to enter any premises during reasonable hours for inspection of maintenance of said water meter. 4.313 (2) Reauirements of Seal (A) Every water meter shall be sealed by an employee of the City at the time of installation; and at any time thereafter where the seal has been broken. (B) No person shall break or remove said sel except an authorized employee of the Public Works Department, provided however, that a licensed plumber may break said seal for the purpose of making necessary repairs after bein~ granted specific permission by the Public Works Department. (C) Any broken seal or removed water meter shall be reported to the City within 24 hours of such action, or as soon as discovered. 4.313 (3) Protection, Damage and Repairs The property owner or occupant of premises where a meter is installed shall be held responsible for its care and protecton from freezing or hot water, and from other injury or interference from any person or persons. Meters that are liable to become damaged by hot water shall be protected by the installation of a reliable check and relief valve. In case of damage to the meter, or in case of its stoppage or imperfect working, the property owner or occupant shall give immediate notice to the office oof the Public Works Department. All meters that are broken or damaged by negligence of owners or occupants of the premises, or by freezing, hot water, or other damage, including ordinary wear and tear, shall be repaired by the Public Works Department and the cost of the repairs shall be paid by the owner or occupant. 4,313 (4) Removal; Replacement Whenever a water meter is installed on a water service in a premise that is to be remodeled, removed, or destroyed, or where the service is discontinued so that the water meter is no longer needed, the owner of such premise shall give notice to the Public Works Department to remove such meter, and free access to such meter must be REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 24 provided so that the meter may be removed. If the meter is lost or damaged, the owner of the premises shall be required to replace the same at the replacement value. 4.313 (5) Tampering Prohibited~ Estimation of Bill No one shall In any way interfere with the proper registration of a water meter. If any meter is found to have been tampered with, the water bill shall be estimated for the period and the meter repaired and tested. Upon repetition of the offense, it will be optional with the Public Works Department to discontinue the water service or collect the amount estimated due. The basis of estimating the bill shall be on the amount of the largest quarter billed in the preceding year from the date of the tampering of the meter. 4.313 (6) Meter Testing In case there is a doubt as to the accuracy of a wale meter on the part of the customer, he may have the meter tested by the Public Works Department; at which test he may be present if he so desires. If the meter is found to register within two (2) percent of being correct a charge will be made to pay for the labor of making such tests. If the meter is found to measure two (2) percent or more incorrectly, no charge shall be made for making the test. If the meter should be found to over register more than two (2) percent, there will be a proportional deduction made from the previous water bill. A water meter shall be considered to register satisfactorily when it registers within two (2) percent of accuracy. 4.313 (7) Remote Meter Reaisters When remote registers have been installed, and there Is a conflict between the inside meter reading and the remote register reading, the inside meter reading shall prevail as the actual reading for billing purposes. 4.314 WATER RATES AND ¢~%RGES; RULES AND REGULATIONS 4.314 (1) Charaes The Council shall by resolution fix all charges and penalties for late payment for water and sewer service and for garbage and rubbish hauling rates for dwellings and shall similarly fix the rates by which such charges REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 25 shall be computed. All such utility bills may be collected as provided for water billing by Section 4.314(3). 4.314 (2) Owner ~labilit¥ for Charaes In billing water service the rates shall be applied separately for the consumption through each meter. The property owner shall be liable for water supplied to the property owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property. 4.314 (3) Statements; De~$nquent Bills, Shut-Off for Non-Payment= Resumption of Services (A) Accounting The administration services of the City shall provide for a method of periodic accounting and recording of water consumed at each metered location throughout the City. Bills shall then be calculated to include connecting and disconnecting charges; minimum charges for availability of water services, regardless of connection or usage; and consumption charges as necessary and appropriate for revenue for the maintenance and operation of the City water works facilities. (B) Statements The administrative service shall mail said water bills to the owner at the address listed for each specified meter location or to such other address as the property owner of record may request in writing. For purposes of this section, bills are presumed to be received by the person responsible for payment thereon within five (5) days of mailing. (C) Due Date Water bills are due and payable on the 10th day of the month following the date of the postmark. Any bill not paid by the close of business on the 10th day of the month following its mailin~ is delinquent, at which time a charge established by the City Council shall be added to the billing. Partial payment shall be considered as payment towards most dated amounts billed. (D) Delinquent Bills REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 26 (E) The administrative service shall ascertain all water bills that are delinquent after the 10th day of the month and mall notice of such delinquency to the occupant of the metered location by the 20th day of the same month. If such bill remains unpaid at the last day of the month, in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency. Said notice shall include a statement that water service will be discontinued unless full payment is received by the 10th day of the month following the month in whch the first delinquency notice was mailed. Before the water will be turned on, the entire account, including any current charges must be paid, with and including the charge established by the Council for turning the water off and on. Water will be turned on only during regular working hours. If water bills are not paid, the bills may be levied against the property owner prior to turning the water back on, and proof of levy payment must be provided to the administrative service prior to said service being turned back on. Shut-Off for Non-payment Water service may be discontinued at any time thereafter, subject to the following exceptions: Service may not be discontinued in this manner for: (1) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate meter for each separate tenant, lessee, or occupant unit. (2) Any person who has filed with the Clerk a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest. (F) ~hut-Off for Non-Payment Under 4.314(3)(E)(~) (1) Water service may be discontinued under circumstances described in Section 4.314(3)(E)(1) by providing thirty (30) days written 'Final Notice" to each individual tenant, lesses or occupant. (2) Upon expiration of twenty-five (25) days of said thirty (30) day period, additional written notice REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 27 shall be provided to each individual tenant, lessee or occupant indicating whether the delinquent water bills remain unpaid. (G) Shut-Off for Non-Payment under 4.314(3)(E)(2) (H) 4.314(4) 4.315 4.316 4.317 4.317(1) Under circumstances described in Section 4.314($)(E)(2), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, water service may thereafter be terminated upon twenty-four (24) hours' notice. Certification of Delinauent Bills The Council may certify unpaid and delinquent water bills to the County Auditor annually for collection pursuant to the provisions of Minnesota Statutes Chapter 444.075. Water Service Bills Payable at Finance Department All bills for water and other services are payable at the office of the Finance Department during regular working hours, or as otherwise provided by said Finance Department. DISCONTINUANCE OF SERVICE Any customer desiring to discontinue the use of water must notify the Public Works Department in writing. The Public Works Department shall turn off the water, subject to any fees established. REINSTATEMENT OF SERVICE No firm, company or corporation or individuals from whose premises the water shall have been shut off shall turn the water on without permission from the Public Works Department. FIRE SERVICES Construction The construction of fire services shall be allowed as provided under the building code and Inspection Department. Detector flow meters shall be installed on any separate fire service line. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 28 4.317(2) 4.317(3) 4.317(4) 4.317(5) 4.318 4.318(1) 4.318(2) Activation of Detector Flow Meter When the detector flow meter is activated by flow through the fire system, it shall be the duty of the property owner or occupant to notify the Public Works Department within twenty-four (24) hours thereafter . Limitation of size The Public Works Department shall reserve the right to limit the size of fire protection services where the street mains are of such size as to make it necessary in order to protect public interest. Prohibited Use In any case when the owner or occupant of any premises are found to be using water from a water service for other purposes than fire protection, such act shall be cause for requiring metering of the fire service with a meter specified by the Public Works Department, at the expense of the owner. Requirement of Meter The Public Works Department reserves the right at any time to require the property owner of the premises supplied with fire services to furnish and install, at his expense and under the direction of the Public Works Department an approved water meter and to keep the same in accurate operating condition, if it finds it necessary to do so to protect the public interest. FIRE HYDRANTS permit Reauirements No person other than an authorized City employee shall use a fire hydrant without first obtaining a permit therefore from the Public Works Department. Flushina Streets and Sewers Hydrants used for construction purposes or for flushing sewers and streets shall have a reducing couplin~ attached to the nozzle of the hydrant with an independent throttlin~ valve for regulating the supply. 4.318(3) Opening Hydrants REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 29 4.318(4) 4.319 4.319(1) 4.319(2) 4.319(3) 4.319(4) Hydrants shall be opened only with a numbered hydrant spanner. Use as Temporary service by Contractors Temporary service from fire hydrants is available for contractors. A meter will be obtained from the Public Works Department and a charge shall be made for hook-up. The charges for such water service shall be at the same rate as other services. Responsibility for the safety of and security of the meter lies with the contractor. The contractor shall placed a deposit for the replacement valve if the meter with the Public Works Department at the time of the request for application. MISCELLANEOUS PROVISIONS Water Supply From . Two Substituted for City water Sources: Privatge Supply On premises where water is supplied from two sources, the City water bein~ one of the systems, the pipin~ system for City water must be entirely separated from that of the other source. If other than City water is to be furnished on premises previously supplied with City water, the property owner or his plumber must give notice at the office of the Public Works Department when he will make this change and must also cut off the water at the corporation stop and disconnect the service pipe. Disconnection of Direct Connection of Two Sources Premises now having direct connection between the City water supply and another supply shall forthwith disconnect the same. Reauirements of Safety Devices Customers are required to equip boilers, heating plants, and refrigeration machinery with safety devices and/or backflow preventers; or provide auxiliary supplies. Repairs to ComPlY ,With prov$$ions Repairs made to existing services shall cause such service to conform in every respect with this chapter. 4.319(5) Accuracy of Information Not Guaranteed REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 30 4.319(6) 4.319(7) 4.320 4.321 Such information as may be obtained from the record, maps, employees, etc., of the Public Works Department relative to the location of water mains and service pipes will be furnished to licensed plumbers and interested parties, but the Public Works Department does not guarantee the accuracy of the same. Restriction of Water Use The Public Works Department reserves the right to prohibit the use of water for yard sprinklers, elevators, air conditioners, coolers and large consumers of water when in the judgement of the Public Works Department it shall be necessary to do so for the protection of public interest. Provisions Considered Part of Every Contract The aforegoing rules and regulations shall be considered a part of the contract for every person who takes water supplied by the City of Columbia Heights, and shall be considered as having expressed his agreement to be bound thereby. MUNICIPAL SEWER SYSTEM DEFINITIONS The following terms shall have the meanings ascribed to them in this section: (a) "B.O.D." (Denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the bio-chemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees C, expressed in parts per million by weight. (b) 'Building drain' means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside of the walls of the building and conveys it to the building sewer beginning 3 feet outside the inner face of the building wall. (c) 'Building sewer" means the extension from the building drain to the public sewer or other place of disposal. (d) "Combined sewer" means a sewer receiving both REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 31 (e) (f) (h) (i) (j) (k) (1) (m) (n) (o) surface runoff and sewage. "Garbage" means solid wastes from the prepartion, cooking and dispensing of food, and from the handling, storage and sale of produce. "Industrial wastes" means any liquid wastes from industrial processes as distinct from sanitary sewage. "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or any body of surface or ground water. "Ph" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. "Public sewer" means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority. "Sanitary sewer" means a sewer which carried sewage and to which storm, surface, and ground waters are not intentionallyl admitted. "Sewage" means a combination of the water-carried wastes from residences, business building, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. "Sewage treatment plant" means any arrangemenet of devices and structures used for treating sewage. "Sewage works" means' all facilities and equipment for collecting, pumping, treating, and disposino of sewaOe. "Sewer" means a pipe or conduit sewage. for carrying REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 32 4.322 4.322(1) (A) (B) (C) 4.322(2) 4.323 4.323(1) (P) "Storm sewer" or "storm drain" means a sewer which carried storm and surface waters and drainage but excluded sewage and polluted industrial wastes. (q) "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering. (r) "Watercourse" means a channel in which a flow of water occurs, either continously or intermittently. PUBLIC SEWAGE SYSTEM Prohibited Acts The following acts are unlawful: It is unlawful for any peson to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. It is unlawful to discharge into any natural outlet within the city, or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this part. It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. Reauired Use All houses, buildings, or properties used for human occupancy, employment, recreation or other purpose, situated within the City, shall connect with and use public sanitary sewers. No private sewage system is lawful within the City. REQUIREMENTS OF PERMITS, INSURANCE AND INDEMNIFICATION Prohibited Connections No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 33 any public sewer or appurtances thereof without first obtaining a written permit from the Building Inspections Department and otherwise complying with the terms of this chapter. 4.323(2) Permits and Bonds Permits for building sewers and connections shall be taken out by a master plumber, licensed with the City, who shall furnish a bond in the amount of $2,000, conditioned so as to secure compliance by the principal with all of the provisions of this code and so as to further secure performance by the principal of all Jobs and projects undertaken within the City. 4.323(3) Permit Charges and Appl$cations Metropolitan sewer availability charqes (SAC), if any, shall be paid at the time the permit is taken out. The owner or his agent shall make application on a special form furnished by the City Building Inspection Permit Department. The permit application shall be supplemented by any plans, specifications, or other information which the City Engineer may reasonably require. 4.323(4) Permit and Inspection Fees A permit and inspection fee as provided by City Council Resolution shall be paid to the City at the time the application is filed. 4.323(5) Permit Cards The City shall furnish a permit card with permit number which shall be prominently displayed on property where sewer connection is being made; said card shall be displayed for the duration of the work. 4.323(6) Insurance Requirements Prior to commencement of construction work such master plumber shall take out and maintain insurance against damages to property or injury or death to persons, which policies shall indemnify and save harmless the City and all of its officers and personnel against any claim, demand, damages, actions or cause of action arising out of or by reason of the doing of the work or activities related or incident thereto, and from any costs, disbursements or expenses of defending the same. The REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 34 4.323(7) 4.323(8) 4.324 4.325 4.325(1) property damage insurance coverage shall be in the amount of $50,000 or more, and the public liability insurance for injury or death to persons shall be in the amount of $100,000 and $300,000. Proof of such insurance shall be filed with the City prior to conm~encement of construction work, and such policy shall provide that the City shall be notified immediately of any termination or modification of such insurance. Indemnification by Master Plumber Should the insurance coverage hereinbefore provided be inadequate in amount then such master plumber shall himself Indemnify and save harmless the City and all of its officers and personnel in like manner. Indemnification bY Owner All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The city engineer shall establish rules and regulations for the proper implementation of this part, which when approved by the Council by resolution, shall govern the installation of building sewers and connections. SEWER RATES Sewer rates shall be established by resolution of the City Council and billings shall be administered as delineated in 4.314(3) of this Chapter. Quantity of sewage for billing purposes is based upon water metered, or required metered, in the case of a source other than the city water system unless special meters approved by the CJlty Engineer, are installed and maintained, at the property owner's expense, for the specific purpose of metering sewage. CONSTRUCTION; ~PECIFICATIONS GENERAL ~EOUIREMENTS AND Separate Buildina Sewers A separate and independent building sewer shall be provided for every building and in the case of residential property, one living unit, unless otherwise authorized by the City Engineer. Old building sewers may REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 35 4.325(2) 4.325(3) 4.325(4) be used in connection with new buildings only when they are found, on examination and test by the Public Works Department, to meet all requirements of this section. Connection to Public Sewer The connection of the building sewer into the public sewer shall be mede at thew ye branch, if such branch is available at a suitable location. If the public sewer is twelve (12) inches in diameter or less, and no properly located wye branch is available, the owner shall at his expense install a wye branch in the public sewer at teh location specified by the City Engineer. Where the public sewer is greater than twelve (12) inches in diameter, and no properly located wye branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about forty-five (45) degrees. A forty-five degree ell may be used to make such connection with the spigot end cut so as not to extend past the inner surface of the public sewer. The 0.8 point of the building sewer at the point of connection shall be at the 0.8 point or at a higher elevation than the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by engagement in concrete. Special fittings may be used for the connection only when approved by the City Engineer. No portion of the building service shall extend into the public sewer. Excavations All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Engineer. Tunneling may be permitted but no tunnel shall exceed 6 feet in length and the pipe shall be installed so as to permit inspection of all joints. No backfill shall be placed until work has been inspected by the City. All excavations for building sewer installation shall be adequately ~uarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to ~he City Engineer. .Inspection, Connection to Public Sewer The applicant for the building sewer permit shall notify the Public Works Department when the building sewer is ready for inspection and connection to the public sewer. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 36 The connection shall be made under the supervision of the City Engineer or his representative. 4.325(5) Minimum Parcel Size No building sewer or connection to the city sanitary sewer system shall be permitted or made from any building or structure located on a lot, piece or parcel of land or several lots, pieces or parcels of land having a total width less than that permitted by zoning ordinance. 4.325(6) Specifications The following requirements shall be complied with: (a) (b) Building sewers shall be of extra heavy duty cast iron pipe, or PVC conforming to ASTM D-3034, SDR- 35. Minimum size of building sewer shall be 4" extra heavy cast iron pipe. Change in direction of building sewer shall be made by use of fittings approved by the plumbing inspector and/or the Engineering Department. Type of joints shall comply with the following specifications: cast iron shall be a push-on or mechanical type. Polyvinyl Chloride pipe shall be bell and spigot with an elastomeric O ring gasket in accordance with ASTM F477. (c) Ductile iron pipe may be required by the City Engineer where the building sewer is installed in filled of unstable ground. (d) Existing cesspools and septic tanks shall be removed and/or suitably filled, as approved by the City Engineer. (e) Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet or any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform ~rade and in straight alignment insofar as possible. (f) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 37 4.326 4.326(1) 4.326(2) 4.326(3) lifted by approved artificial means and discharged to the building sewer. [g) All joints and connectoins shall be made gastight and watertight. [h) O ring Joints shall be installed in accordance with manufacturer's recommendations, and backfilling shall not occur until the Joints have been tested and approved by the City. (i) Other 3ointing materials and methods may be used only by approval of the City Engineer. REGULATIONS GOVERNING USE OF PUBLIC SEWERS Prohibited Use No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. Storm Waters and Unpolluted Drainage Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the City Engineer. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City Engineer, to a storm sewer, or natural outlet. Prohibited Substances Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: (a) Any liquid or vapor having a temperature higher than 150 degrees F. (b) Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease. (c) Any gasoline, benzine, naptha, fuel oil, or other flammable or explosive liquid, solid or gas. (d) Any garbage that has not been properly shredded. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 38 4.326(4) (e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woodk paunch manure, or any other solid or viscious substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. Any waters or wastes having a Ph lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. (g) Any waters or wastes containing a toxic or poisonous substnce in sufficient quantity to injure or interfere with any sewage treatment process, which constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant. (h) Any wa'ters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. (i) Any noxious or maladrous gas or substance capable of creating a public nuisance. Requirement of Interceptors Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type and capacity approved by the City Engineere, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas tight and watertight. Where installed, all grease,, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at 11 times, and shall be subject to inspection by the City or other governmental public health agents. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 39 4.326(5) 4.326(6) 4.326(7) 4.326(8) 4.326(9) Certain Types of Uses; Sublect ~o Approval The admission into the public sewers of any water or wastes having (1) a 5-day Biochemical Oxygen Demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) containing anuy quantity of substance having charateristtcs described in 4.326(3) or (4) having an average daily flow greater than 2% of the average daily sewage flow of the city is subject to the review and approval of the City Englneeer. Preliminary Treatment The owner shall provide at his expense, such preliminary treatment as may be necessary to (1) reduce the Biochemical Oxygen Demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or (2) reduce objectionable characteristics of constitutents to within the maximum limits provided for in 4.326(3), or (3) control the quantities and rates of discharge of such water or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Engineer and of the Minnesota Pollution Control Agency, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Maintenance of preliminary Treatment Facilities Where preliminary treatment facilities are provided for any water or wastes, they shall be maintained continuously in in satisfactory and effective operation, and records maintained concerning quality of the effluent, by the owner, at his expense. Such facilities and all associated records shall be subject to inspection by the City. Maintenance of Services The owner shall be responsible for maintenance of the building service, including cleaning, repair and replacement. All other City requirements shall be met in the maintenance of buildin~ services. Requirements of Manholes The owner of any property served by a building sewer REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 40 carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times. The City shall have right of access to inspect or sample affluent at all times. 4.326(10) Measurements, Tests and Analyses All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in 4.326(3) and 4.326(5) of this section shall be determined in accordance with methods employed by the Minnesota Department of Health, and shall be determined at the control manhole provided for in 4.326(9), or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. 4.326(11) ~pecial Provisions: Industrial Wastes No provision of this section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or characer may be accepted by the City for treatment subject to payment therefore by eh industrial concern. 4.327 MISCELLANEOUS SEWAGE REGULATQRY PROVISIONS 4.327(1) Property Damaae No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the city sewage system. Any person violating this provision or any other provision of this part shall be quilty of a.'misdemeanor. 4.327(2) Inspections: Authority and Powers The City EnGineer and other duly authorized employees of the City, bearing proper credentials and identification, REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 41 shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this ordinance. 4.328 VIOLATIONS 4.328(1) ~isdemeanor Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this Chapter, Article III, is quilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $700 or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. 4.328(2) Liability to City for Damaae Any person violating any of the provisions of this part is liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. SECTION 2:This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 10, 1991 August 26, 1991 August 26, 1991 Offered by: Seconded by: Roll call: Ruettimann 'Peterson All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Second Reading of Ordinance Nol 1224; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as Amended, Pertaining to the Repeal of Municipal Services, Utilities, Water and Sewer Connections Motion by Peterson, second by Nawrocki to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1224 REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 42 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE REPEAL OF MUNICIPAL SERVICES, UTILITIES, AND WATER AND SEWER CONNECTIONS The City of Columbia Meiohts does ordain: SECTION 1: Chapter 4, Article III, Sections 1,2, and 3 of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to wit: Section 1: WATER AND SEWER CONNECTIONS 4.301(1) The Council shall by resolution fix all charges and penalties for late payment for water and sewer service and for garbage and rubbish hauling rates for dwellings and shall simtlary fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for water billin~ by Section 4.303. 4.301(2) No permit to tap or conenct with sewer or water service in the City shall be granted for service to property for which there are delinquent taxes, delinquent special assessments, or unpaid special charges, as of the date of the permit application. 4.301(3) The distribution and quantity of water purchased from the City shall be regulated by the use of water meters under the exclusive control of the City. For purposes of enforcing the provisions of this Code, delegated city officials upon presentation of proper identification shall have the authority to enter any premises during reasonable business hours for inspection or maintenance of said water meters. 4.301(4) The Public Works Department shall insure that every customer or user of City water is provided with a properly installed water meter upon request thereof. (a) No person other than an employee of the City shall install sach meter. (b) No customer or user of City water shall be provided water unless such meter has been so installed. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 43 4.301(5) Every water meter shall be sealed by an employee of the City at the time of installation; and at any time thereafter where the seal has been broken. (a) No person shall break or remove said seal, provided however, that a licensed plumber may break said seal for the purpose of making necessary repairs. (b) Any broken seal or removed water meter shall be reported to the City within 24 hours of such action, or as soon as discovered. Section 2 CONNECTION AND DISCONNECTION CHARGES 4.302(1) Water service for any premises, building or building unit, shall not be commenced or restarted until a connection fee in an amount set by resolution of the Council is paid to the Clerk, together with any delinquent water bills from past service to said building of building unit, and any unpaid and delinquent special assessments. 4.302(2) Where separate water metes are installed to service separate locations or units within' the same building, the provisions of this section relating to delinquent water bills shall only apply to those locations or units for which such delinquencies exist. 4.302(3) A disconnection fee as set by resolution of the Council shall be charged upon voluntary or involuntary termination of water service at any premises, building, or building unit. Section $ UTILITY CHARGES, BILLING AND COLLECTIONS 4.303(1) The administrative service of the City shall provide for a method of periodic accounting and recording of water consumed at each metered location throughout the City. Bills shall then be calculated to include connecting and disconnecting charges; minimum charges for availability of water services~ regardless' of connection or usage~ and consumption charges as are necessary and appropriate for revenue for the maintenance and operation of the City water works facilities. 4.303(2) The administrative service shall mail said water REGULAi~ COUNCIL MEETING AUGUST 26, 1991 PAGE 44 4.303(3) 4.303(4) 4.303(5) bills to the general occupant at the address listed for each specified meter location. (a) For purposes of this section, bills are presumed to be received by the person responsblle for payment thereon within five (5) days of mailing. (b) Water bills are due and payable on the 10th day of the following month following their mailing. Any bill not paid by the 10th day of the month following its mailing is delinquent. Partial payments shall be considered as payment towards most recent amounts billed. The administrative service shall ascertain all water bills that are delinquent after the loth dayh of the month and mail notice of such delinquency to the occupant of the metered location by the 20th day of the same month. If such bill remains unpaid at the 30th day of the month in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency. Said noticed shall include a statement that water service will be discontinued unless full payment is received by the 10th day of the month following the month in whch the first delinquency notice was mailed. Water service may be discontinued at any time thereafter, subject to the following exceptions: Service may not be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate meter for each tenant lessee, or occupant unit. (b) Any person who has filed with the Clerk a written protest of the amount billed, either in whole or in part, together with reasons or basis for such protest. Water service may be discontinued under circumstances described in Section 4.303(4)(a) by providing thirty (30) days written "final notice" to each individual tenant, lessee, or occupant. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 45 Upon expiraton of twenty-five (25) days of said thirty (30) day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent water bills re~ain unpaid. 4.303(6) Under circumstances described in Section 4.303(4)(b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the result of the investigation, water service may thereafter be termlnatged upon twenty-four (24) hours notice. 4.303(7) Subject to the foregoing provisions of this obligation for payment of any water bill for a meter servicing an individual tenant, lessee, or occupant shall be the joint and severable responsibilitiy of any person in possession of the premises and the record owner of such premises. 4.303(8) The Council may authorize the City Assessor to certify unpaid and delinquent water bills to the County Auditor annually for collection pursuant to the provisions of Minnesota Statutes Chapter 444.075. is herewith repealed. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 24, 1991 August 26, 1991 August 26, 1991 Offered by: Seconded by: Roll call: Peterson Clerkin All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1230: Pertaining to Appointed Boards and Commissions Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 46 Roll call: All ayes Motion by Nawrocki, second by Carlson to amend section 1, 3.303(1) to include in the second line 'advise to the Council on supervision" and to delete 'supervise'. Roll call: Nawrockt, Carlson - aye Clerkin0 Ruettimann, Peterson - nay. Motion to amend fails. · Motion by Nawrocki, second by Ruettimann to amend section 1, 3.301(2) by adding to the end of the first paragraph, 'except that if one of the two is a non-councilmember, the term of that appointment shall be for two years. Roll call: Nawrocki, Clerkin, Ruettimann, Carlson - aye Peterson - nay Motion by Nawrocki to amend section 1, 3.301(3) to read as follows: "The Park and Recreation Commission shall have the power to make recommendations on expenditures from funds so authorized and budgeted by the Council." Motion dies for lack of a second. Motion by Ruettimann, second by Peterson to cut off debate and call for the question. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay ORDINANCE NO. 1230 BEING AN ORDINANCE REPEALING CHAPTER 3, ARTICLE III, SECTION 1, OF THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO APPOINTED BOARDS AND COMMISSIONS The City of Columbia Heights does ordain: Section Chapter 3, Article III, Section 1 of the City Code of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 3 ADMINISTRATIVE CODE ARTICLE III APPOINTED COMMISSIONS SECTION 1 PARK BOARD 3.301(1) The Park Board is hereby established to supervise and control the use of public Dark lands in.the City, including pa~ks, parkways, playgrounds, recreation fields and buildings, lakes, streams, and beaches therein, and all public service facilities related thereto. The Board shall also recommend improvements for such parks as may be necessary and desirable, and shall have the REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 47 3.301(2) 3.301(3) authority to make reasonable administrative rules and regulations governing public use of park lands, but shall at all times be subject to the direction and authority of the Council. The Park Board shall be composed of six members from among the residents of the City. Each member shall serve a term of five years. One such member shall be a Councilman, who shall serve at the will of the Council. The Park Board shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the Manager; provided, however, that no single expenditure of an amount in excess of Five Hundred Dollars shall be made without the specific authorization of the Council, and expenditures of amounts in excess of One Thousand Dollars shall be made in the manner prescribed by the Charter. (a) All monies received by the Park Board or its representatives in the course of administerin~ any properties or programs under its jurisdiction shall be turned over to the Treasurer at intervals of not greatere than once a week for placement in a Park Fund. No monies placed in said Park Fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths (4/5) vote of said Council. (b) The Park Board shall keep such books and records of account as are necessary for a proper recording of its financial activities as determined by the Manager. At the end of each fiscal year, the Board shall cause an audit of its accounts and records to be made and submit a report thereon to the Council. During the month of July each year, the Board shall submit to the Council at a regular meeting thereof a proposed budget showing its estimated financial requirements for the ensuin~ fiscal year. (c) Expenditures may be made for the purpose of makin~ improvements on park lands, such as planting trees, shrubs and flowers and REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 48 3.301(4) 3.301(5) ornamenting or protecting the same; administering park programs for the citizens of the City; or in any other manner authorized and allowed under this section and the Charter. (d) Ail claims and all bills incurred by the Board shall be presented to the Council for payment and paid in the same manner as other claims against the City are paid. The Park Board may authorize the issuance of permits for otherwise prohibited activities to allow the holders thereof to: (a) remain in the parks or on the parkways, lakes, or waterways during otherwise prohibited hours; (b) post notices; (c) park vehicles in otherwise unauthorized areas; (d) aquaplane or water ski in otherwise prohibited areas; (e) distribute circulars or cards; (f) sell refreshments or other articles; bring a dong into the park for the purpose of conducting dog shows or exhibitions held under the direction of the Board; (h) conduct shows of entertainment or exhibitions; (i) conduct public meetings or public speeches upon a showing to the Board that the health and safety of those in attendance will be properly safeguarded; and have fires on the ice of any lake under the Jurisdiction of the Board upon showing of compliance with.Xegulations established by the Board for the safety of said heaters. The Park Board shall have the authority to revoke for good cause, any permit issued either by the Park Board of the Park Superintendent, but (except REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 49 upon conviction by Court) the person whose permit is subject to be revoked, shall have at least five days' notice thereof in writing and an opportunity to appear before the Park Board or a committee thereof, to show cause why this permit should not be revoked. is herewith amended to read as follows: CHAPTER 3 ADMINISTRATIVE CODE ARTICLE III APPOINTED BOARDS AND COMMISSIONS SECTION i PARK AND RECREATION COMMISSION 3.301(1) The Park and Recreation Commission is hereby established to supervise and control the use of public park lands, recreation, and senior citizen programs in the City, including parks, parkways, playgrounds; recreation fields and buildings; lakes, streams, and beaches therein; and all public service facilities related thereto. The commission shall also recommend improvements for such parks as may be necessary and desirable, and shall have the authority to make reasonable administrative rules and regulations, including setting fees, governing public use of park lands and buildings, but shall at all times be subject to the direction and authority of the Council. AIl recreation programs shall be in accordance with the policies approved by the City Council. The commission shall have broad programming latitude in the implementation of those policies,including progranu~ing ideas, development and functions. The commission shall conduct and supervise recreation services and programs for public recreation in its broadest sense, including playgrounds, parks, playfields, swimming pools, beaches, camps, indoor recreation centers, and any and all other recreation activities. 3.301(2) The Park and Recreation Commission shall be composed of seven members from among the residents of the City. Five members shall serve a term of five years. Of the two other members, at least one shall be a City Council member and both shall serve REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 50 3.301(3) 3.301(4) at the will of the Council, except that if one of the two is a non-councilmember, the term of that appointment shall be for two years. The Park and Recreation Cone~isston shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided however, that no single expenditure shall be made in an amount in excess of Seven Hundred and Fifty Dollars. (a) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its ~urisdiction shall be turned over to the Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths (4/5) vote of said Council. (b) The Park and Recreation Commission shall keep such books and records of account as are necessary for a proper recording of its financial activities as determined by the City Manager. At the time prescribed by the City Manager, the commission shall submit to the Council a proposed budget showing its estimated financial requirements for the ensuing fiscal year. (c) Expenditures may be made for the purpose of making improvements on park lands, such as planting trees, shrubs and flowers, and ornamenting or protecting the same; administering park and recreation programs for the citizens of the City; or in any other manner authorized and allowed under this section and the Charter. (d) All claims and all bills incurred by the Commission shall be presented to the Council for payment and paid in the same manner as other claims against the City are paid. The Park and Recreation Commission may authorize the issuance of permits for otherwise prohibited REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 51 3.301(5) 3.301(6) activities to allow the holders thereof to: (a) remain in the parks or on the parkways,.lakes, or waterways during otherwise prohibited hours; (b) post notices; (c) park vehicles in otherwise unauthorized areas; (d) aquaplane or water ski in otherwise prohibited areas; (e) distribute circulars or cards; (f) sell refreshments or other articles bring a dog into the park for the purpose of conducting dog shows or exhibitions held under the direction of the commission; (h) conduct shows of entertainment or exhibitions; (i) conduct public meetings or public speeches upon a showing to the commission that the health and safety of those in attendance will be properly safeguarded; and have fires on the ice of any lake under the Jurisdiction of the commission upon showing of compliance with regulations established by the commission for the safety of said heaters. The Park and Recreation Commission shall have the authority to revoke for good cause, any permit issued either by the commission or the designated City employee, but (except upon conviction by Court) the person whose permit is subject to be revoked shall have at least five days' notice thereof in writing and the opportunity to appear before the commission, or a committee thereof, to show cause why this permit should not be revoked. The Commission and the Recreation Director shall have authority to suspend any coach, referee or other person when it is for the good of the recreation program. Such suspension may be appealed to the full commission if requested in writing within five days to the City Manager. If not REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 52 appealed within five days, the suspension shall stand. If appealed, the commission shall meet to let the suspended individual be heard. Thereafter, the commission shall make a finding, such finding is final. 3.301(7) The commission is empowered and authorized to solicit and receive gifts, bequests, or endowments of money or property as donations or grants from persons, firms, or corporations including governmental agencies and to administer the funds for public park and recreation purposes subject to City Charter and City policy. Section 2: Chapter 3, Article III, Section 11 of the City Code of the City of Columbia Heights is hereby repealed. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 12, 1991 August 26, 1991 August 26, 1991 Offered by: Seconded by: Roll call: Ruettimann Peterson Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay d. Resolution No. 91-47; Being a Resolution Adopting Proposed Budget for the Year 1992 and Setting the Proposed Tax Levy Collectible for the Year 1991 Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki observed that no draw down of the General Fund reserves is being considered. He felt this could be a viable alternative to balance the budget. Councilmember Ruettimann stated it thinks it is unlikely that the Council will go to the maximum budget to operate the City. RESOLUTION NO. 91-47 BEING A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 1992 AND SETTING THE PROPOSED TAX LEVY COLLECTABLE FOR THE YEAR 1992 BE IT RESOLVED by the City Council of the City of Columbia Heights REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 53 as follows: Section A. The budget for the City of Columbia Heiohts for the year 1992 is hereby approved and adopted with appropriations for each of the funds as follows: Expense General Fund Recreation Fund Para Transit Fund State Aid Cable Television Fund Capital Improvements Fund GENERAL FUND WATER FUND SEWER FUND CENTRAL GARAGE FUND Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Debt Service Fund 6,698,940 0 98.000 182,802 89,242 165,000 136,900 32,500 28,000 0 276,885 4,704,855 1,098,359 1,247,334 1,574,525 3,596,910 Total Expense Including Interfund Transfers 19,930,252 Section B: The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies as hereinafter set forth for the year 1992: R e V e Il u e Avai 1able General Fund Recreation Fund Para Transit Fund State Aid Cable Television Fund Capital Improvements Fund CAPITAL EQUIPMENT REPLACEMENT FUNDS; GENERAL FUND WATER FUND SEWER FUND CENTRAL GARAGE FUND Central Garage Fund Liquor Fund Water Utility Fund 6,698,940 0 98,000 182,802 89,242 165,000 0 136,900 32,500 28.000 0 276,885 4.704.855 1,098,359 REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 54 Sewer Utility Fund Refuse Fund Debt Service Fund 1,247,334 1,574,525 3,596,910 Total Revenue Including Interfund Transfers 19,930,252 Section C. The following sums of money are levied for the current year. collectible in 1992, upon the taxable property in said City of Columbia Heights, for the following purposes: General Fund 3,368,595 Bond & Interest Total 3,368,595 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Passed this 26th day of August, 1991. Offered by: Seconded by: Roll call: Peterson Ruettimann Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki -abstain Motion by Peterson, second by Ruettimann to set Thursday, November 21, 1991 at 6:30 p.m. as the date for the public hearing on the budget and Tuesday, December 3, 1991 at 8:00 p.m. for the continuation date for this hearing. Roll call: All ayes Motion by Clerkin, second by Nawrocki to approve the proposed HRA levy of $70,000 for the year 1992. Roll call: All ayes 7. COMMUNICATIONS City Council Booth at Bootstrap.Days The Council discussed having a booth at the Bootstrap Days celebration. It was decided since all members of the Council could not be in attendance they would not have a booth. OLD BUSINESS There was no old business. 9. NEW BUSINESS REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 55 a. Purchase of Land from Hennepln County Regional Railroad Authority (HCRRA) The City Manager requested this item be removed from the agenda noting there was an error in the material. Councilmember Nawrocki stated that the money for this purchase would come from the westside parking ramp assessment proceeds. He requested staff to review the status of these funds and the status of paying off the tax increment debt. Councilmember Ruettimann also had some questions regarding tax increment. The City Manager advised that the values are outdated and another study is needed. REPORTS A. Report of the City Manager The City Manager's report was submitted in written form and the following additional items were discussed: Watermain Construction in Innsbruck: The City Manager noted that the only property owner in the area of this project who has not consented to the easement has verbally noted he will grant the easement. He is difficult to reach and the project is being held up. All members of the Council agreed that the pipe installation in this project should comrnence. Response Letter to Owner Requesting Alley Surfacing: The letter from the City Manager advised the property owner that the City did not feel it would be prudent to pave the section of the alley abutting his parking spaces. Some members of the Council felt this owner's request should be honored and any future alley assesments should be waived for him. The City Attorney advised that future assessments cannot be waived. Councllmember Peterson inquired if the City would be liable if that portion of the alley washed out. The City Attorney felt the City should have a 'hold harmless' agreement drafted. The City Manager, noting that this area must be done to the City Engineer's specifications and design, stated the City will absorb the engineering costs. Mayor Carlson inquired if there are any future plans for reconstruction of this alley. The Public Works Director responded that there are no plans presently bein~ considered for this alley and that nothing has been brought to a public hearing in the thirteen years he has been on the staff. He also noted that no in-house REGULAR COUNCIL MEETING AUGUST 26, 1991 PAGE 56 engineering can be done for this alley at the present time. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Ruettimann to ad3ourn the meeting at 10:55 p.m. Roll call: All ayes Ma,;or Edward M. ~arf~6n o-Ahne Studen~ Council Secretar~