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:
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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~