HomeMy WebLinkAboutJune 10, 1991June 6, 1991
We the undersigned live on the north side of the 900 block of 44th Avenue
Northeast and would like to see a sidewalk placed on the north side of 44th
Avenue Northeast. We feel the traffic is extremely heavy & the widening of
44th Avenue Northeast will only invite more traffic and endanger the safety of
the pedestrians. We need a safe place to walk!
Home/Busi ness
Owner Name H/B Address Phone
CODE: Home : H Business : B
June §, 1991
We the undersigned live on the north side of the 1000 block of 44th Avenue
Northeast and would like to see a sidewalk placed on the north side of 44th
Avenue Northeast. We feel the traffic is extremely heavy & the widening of
44th Avenue Northeast will only invite more traffic and endanger the safety of
the pedestrians. We need a safe place to walk!
Home/Business
Owner Name H/B Address Phone
CODE: Home : H Business = B
June 6, 1991
We the undersigned live on the north side of the 1200 block of 44th Avenue
Northeast and would like to see a sidewalk placed on the north side of 44th
Avenue Northeast. We feel the traffic is extremely heavy & the widening of
44th Avenue Northeast will only invite more traffic and endanger the safety of
the pedestrians. We need a safe place to walk!
Home/Business
Owner Name H/B Address Phone
CODE: Home : H Business = B
June 6, 1991
We the undersigned live on the north side of the 1300 block of 44th Avenue
Northeast and would like to see a sidewalk placed on the north side of 44th
Avenue Northeast. We feel the traffic is extremely heavy & the widening of
44th Avenue Northeast will only invite more traffic and endanger the safety of
the pedestrians. We need a safe place to walk!
Home/Business
Owner Name H/B Address Phone
CODE: Home = H Business = B
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 10, 1991
The meeting was called to order by Mayor Carlson at 7:00 p.m..
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Paterson, Carlson - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were approved by the Council on the consent agenda:
Minutes for Approval
The Council approved the minutes of the Special Council meeting of May 21st
and the minutes of the Regular Council meeting of May 28th as presented and
there were no corrections.
Resolution No. 91-33; Bein~ a Resolution Cancellin~ Improvements. i, Proie~? 6~7.7-
14 and Project 677-16 --
The 'reading of the ~esolution was waived there being ample copies available
for the public.
RESOLUTION NO. 91-33
BEING A RESOLUTION CANCELLING IMPROVEMENTS
WHEREAS, the properties listed in the Assessment Rolls known and described as:
677-14, Quincy Street, 38th Avenue to 39th Avenue N,E.
677-16, Jackson Street, 37th Avenue to 39th Avenue N.E,
AND WHEREAS,
Some of these street lights are now part of the City of Columbia Heights
Additional Street Lighting Program that was authorized by the City Council
on October 8, 1990,
BE IT THEREFORE RESOLVED, by the City Council of the City of Columbia Heights,
that the City Clerk is hereby authorized and directed to remove one half of
the cost for the 1991 electric and to strike from future Local Improvements,
Number 677-14 and to remove one hald the cost for the 1991 electric for one
light and to strike from Local Improvements, 677-16, one street light, leaving
2 street lights as charged against the described properties in the above
described assessment rolls.
Passed this lOth day of June, 1991.
Offered by:
Seconded by:
Roll call:
Ruettimann
Nawrocki
All ayes
~ay6r~Edward'-M. Car-~son
Jo-Anne Student, Council Secretary
Regular Council Meeting
June 10, 1991
page 2
Special Purpose Fence, HerlofskX - 3716 Johnson Street N.E.
The Council approved the six foot high special purpose fence as requested
provided the property irons are located prior to fence installation.
Special Purpose Fence, Hanson - 4331 Third Street N.E.
The Council approved the six foot high special ~urpose fence as requested
provided that the rear property irons are located prior to fence instal-
lation.
Request to Barricade Benjamin Place
The Council approved th~ barricad~-g of Benjamin Place on Sunday, June
12th from the hours of 8:00 a.m. through 6:00 p.m. in conjunction with
a neighborhood get-together.
Temporary Sign Request - Little Caesar's, 4353 Central Avenue N.E.
The Council approved the temporary signage reques~ from-Little Caesar's
Pizza Restaurant at 4353 Central Avenue provided a $100 deposit is
sbumitted to the City to assure the removal of the temporary signage
by July 2, 1991.
Establish Weed Bil. l. in9 Ra.~e
The Council established the weed cutting fee to be charged to property
owners at $60.00 per hour.
1991 License Applications
The Council ap~r~ved'-the license applications as listed upon payment of
proper fee.
Payment of Bills
The Council approved the payment of the bills as listed out of proper funds.
4. APPROVAL OF CONSENT AGENDA
Motion by Ruettimann, second by Nawrocki to approve the consent agenda as
presented. Roll call: Al) ayes
5. OPEN MIKE/PROCLAHATIONS/PRESENTATIONS
a. Humanitarian of the Year Award
Mayor Carlson introduced Pat Olynyk, the recipient of the Human Services
Commission's Humanitarian Award.
b. Presentation by Chamber of Commerce
Chamber President, Vern Hoium, and members of the Business Issues Committee,
Don Schneider and Larry Pietrzak, presented a check in the amount of $5~OO0
for use in holiday decorations, This funding was received from business
owners in the community and from the Chamber of Commerce, It will be matched
by the City of Columbia Heights.
c. Senator Don Frank
Senator Frank advised the Council of some of the issues which were addressed
Regular Council Meeting
June 10, 1991
page 3
during the recent legislative session. He noted that there are still a number
of vetoed bills which are in question.
d. National Flag Day Proclamation
Mayor Carlson read the proclamation designating June 14th as Flag Day in the
City of Columbia Heights.
e. Open Mike
The resident at 955 h4th Avenue presented a petition to the Council requesting
a sidewalk on the north side of 44th Avenue.
Motion by Clerkin, second by Ruettimann to accept the petition and place on file.
Roll call: All ayes
Councilmember Nawrocki noted that this sidewalk project would be eligible for
state aid funding. Mayor Carlson felt the staff should prepare design infor-
mation and consider extending the sidewalk up to McLeod or Reservoir Boulevard.
The City Engineer observed that to extend the sidewalk to Reservoir Boulevard
may require some front yards to be recontured as there are some yards which
may be in the right-of-way. Noting that there is a project presently being
done in this area, staff was encouraged to give the requested design work
prompt consideration. Members of the Council felt a public hearing should be
held on this matter.
Motion by Ruettimann, second by Nawrocki that a public hearing be established
for the regular Council meeting of June 24, 1991 to consider sidewalk for
44th Avenue between Central Avenue and Reservoir Boulevard, all or part thereof)
that a notice go out to the people involved indicating that there has been a
petition presented and the Council is considering this; that if the sidewalk
goes in it would be paid for with State Aid funds; because the project would
impact the people the Council is setting the public hearing to hear comments
and questions they may have; and that the contract with Strgar, Roscoe and
Fausch, Inc. be extended to include this work. Roll call: All ayes
Council member Nawrocki encouraged the presentor of the petition to continue
to seek additional signatures on the petition and to advise her neighbors
that this project is being considered because of the property owners' request
and was not initiated by the City Council,
Request for Authorization to Seek Quotations for New Cash Register System
The Finance Director advised that the cash regTster-sygtem in the Ci~ Liquor
Operation is in need of replacement, The cash register system at Top Valu
was purchased in 1984 and the system ad Heights Liquor was purchased in 1982,
Motion by Clerkin, second by Peterson to authorize staff to advertise for
proposals for a new cash register system in the Liquor Operations~ Roll
call: All ayes
6. RESOLUTIONS AND ORDINANCES
a. Resolution No. 91-34; Adopting the Amended Joint Powers Agreement for the
Six Cities Watershed Management Organization
Motion by Paterson, second by Clerkin to waive the reading of the resolution
there being ample copies available for the public. Roll call: All ayes
Regular Council Meeting
June 10, 1991
page 4
The City Attorney noted that the text of the statute does not appear to have
changed only renumbered. Councilmember Nawrocki inquired who has the authority
to levy the tax, The City Attorney responded that this authority belongs to
the six cities. The City Engineer stated that this issue is not clearly defined
in the statute and the board has operated on the basis that the taxing authori, ty
is to be brought back to all six cities. He also advised that this new agre-
ement replaces the other agreement. The City Attorney stated that this resolution
replaces all other joint powers agreements previously adopted,
RESOLUTION NO, ~l?3h
ADOPTING THE AMENDED JOINT POWERS AGREEMENT FOR SIX CITIES WATERSHED MANAGEMENT
ORGANIZATION
WHEREAS:
The Minnesota Legislature extensively amended legislation during
the 1990 Legislative Session relating to Watershed Management
Organizations; and
WHEREAS:
Said legislation requires an amendment to the Joint Powers Agre-
ement creating Six Cities Watershed Management Organization; and
WHEREAS:
Six Cities Watershed Management Organization has caused its staff
to prepare proposed revisions to the Joint Powers Agreement to
bring it into comp)iance with the statutory changes; and
WHEREAS:
The City of Columbia Heights' staff has reviewed these proposed
changes and recommend their approval
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights that the Mayor and City Manager are authorized to and
directed to execute the Amended Joint Powers Agreement as
previous)y submitted and thereby supercedes all previous
agreements by all participating parties.
Passed this loth day of June, 1991,
Offered by: Peterson
Seconded by: Clerkin
Roll call:
Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay
Jo~Anne Student, Cou'n~il Secretar~
b. Resolution No. 91-35; Regarding Continued Membership of City Manager in
Public Employees' Retirement Association Police and Firefighters Fund
Motion by NawrockJ, second by Ruettimann to waive the reading of the resolution
there being ample copies available for the public, Roll call: All ayes
RESOLUTION NO. 91-35
WHEREAS, Stuart W. Anderson has been employed by the City of Columbia Heights
since April l, 1976, as the Chief of Police; and
Regular Council Meeting
June 10, 1~91
page 5
WHEREAS, said Stuart W. Anderson, during such employment, has been a member of
the Public Employees' Retirement Association - Police and Firefighters Fund as
set out in Minnesota Statute 353,6h~ and
WHEREAS, effective July 1, 19~1, said Stuart W. Anderson will be moved to a
different position within the City of Columbia Heights, that of City Manager;
and
WHEREAS, said new position retains substantial police and fire department
funtions, to-wit:
has ultimate responsibility for preparing and submitting budgets for
both the pollce and fire departments
pursuant to the provisions of the City Charter, he appoints the fire
chief and ,has direct supervisory powers over the entire fire depart-
ment; and
~ he will retain functions as a civil defense director; and
~ he will assist the Mayor in carrying out his City Charter responsibilities
of administration of the police department
NOW, THEREFIRE, be it resolved that based upon the foregoing, the Columbla
Heights City Council, pursuant to the provisions of Minnesota Statutes 353,64
as amended by the Minnesota Legislature in the lDD] session, determines that
said Stuart W. Anderson retains police and fire department functions; and,
therefore, shall continue to be a member of the police and firefighter PERA
fund as set out in Minnesota Statutes Chapter 353.64.
BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded
to the Public Employees~ Retirement Association by the City Clerk of
the City of Columbia Heights,
Passed this lOth day of June, 1991,
Offered by:
Seconded by;
Roll call:
Nawrocki
Ruettimann
A11 ayes
Jo-Anne StUdent, Council ISec'retl~r~
Mayor-Edward M,' Calr'i-son- '
c. First Reading of Ordinance No, 1224; Being an Ordinance for Water, Sanitary
Sewer and Storm Sewer Services and Connections
Motion by Ruettlrnenn~ second by Paterson to waive the reading of the ordinance
there being amp]e copies availab]e for the public~ Rol) calll All ayes
ORDINANCE N0.'i227
BEING AN ORDINANCE FOR WATER, SANITARY SEWER AND STORM SEWER SERVICES AND
CONNECTIONS
Regular Council Meeting
June 10, 1991
page 6
CHAPTER 4
ARTICLE III
4.301 MUNICIPAL WATER SYSTEM
4.302 COMPLIANCE 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,
4.303 WATER SERVICE CONNECTIONS: PERMIT REQUIREMENTS
(A)
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.
(B)
Conditions of Permit
No permit to tap o'r connect with sewer or water service in the City
shall be granted for service to property for which there are delin-
quent taxes, delinquent special assessments, or unpaid special
charges, as of the date of the permit application.
(c)
Deposit for Water Used During Construction
A deposit for the estimated amount of water to be used during con-
struction shall be paid when filing for a plumblng permit.
(D)
Excavation Permit
An excavation permit pursuant to Chapter 6, Article III, Section
1, hereof, is required if any part of the excavation for municipal
water is within a city street.
4.304
WATER SERVICE CONNECTIONS AND DISCONNECTIONS: CHARGES: MANNER AND COSTS
4.304(1)Connection and Disconnection Cher~es
(Al
Water service for any premises, building or building unit, shall
not be commenced or restarted until a connection fee in an amount
set by resolutlon of the Council is paid to the Clerk, together with
any delinquent water bills from the past service to said building
or building unit, and any unpaid and delinquent special assessments.
Where separate ~ater meters 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.
(c)
The provisions of this section shall remain in full force and effect
without regard to any private contractual agreements or respon-
sibilities between individuals or firms, regarding the payment
of water bills, and the providing of utility services,
Regular Council Meeting
June 10, 1DD1
page 7
(D)
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.
4.304(2)Banner and Costs
4.305
(A)
Taps or connections to the water mains shall be made by the Public
Works Department at no extra cost to the applicant for taps up to
and including one (1) inch in size.
(BI Taps larger than one (1) inch shall be made by applicant at the
expense of the applicant.
(c)
All taps and connections ahall be left uncovered until inspected
and tested by the Public Works Department, All connections shall
conform with City inspections,
INSTALLATION AND CONSTRUCTION REQUIREMENTS AND SPECIFICATIONS
Ali installations of services 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 follows:
PIPE SIZE
~ to 4" cast iron or ductile iron
6" cast iron or ductile iron
TAP S I ZE
(E) The maximum size corporation stop that can be used with double-
strap bronze service saddle is as follows:
PIPE SIZE
~ron or ductile iron
6" cast iron or ductile iron
8" cast iron or ductile iron
TAP SIZE
1-1/2"
2,~
(FI All taps other than those allowed in the preceding paragraph shall
be made only with the use of an approved tappling sleeve and valve,
(G)
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,
Regular Council Meeting
June 10, 1991
page 8
4.306
4.307
4.308
(H)
(il
(J)
(K)
(L)
All curb stops one (11 inch and larger shall be of the Mueller
0riseal 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 bos 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 (121 inch diameter and smaller shall have an
unobstructed opening of one and one-half (1½1 inch diameter, Curb
stops one and one-half (1½1 inch diameter and larger shall have
an unobstructed opening of a minimum sixe as the service pipe.
A11 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 in working 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 (11 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 (11 foot from the
meter so that the meter can be taken our or replaced without
draining the plumbing system of the building. Al1 valves shall have
a clear opening the size of the inside diameter of the service.
The minimum size water service allowed shall be one (11 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 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 properties; 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 of the building nearest the main,
SERCVICES: 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 of the City Engineer,
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 con-
form 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 requirements, when so instructed
by the Public Works Director.
Regular Council Meeting
June lO, 1991
page 9
4.309
TWO OR MORE SERVICES ON ONE CURB STOP
Where 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.
4.310 MAINTENANCE RESPONSIBILITY OF SERVICE PIPES
(Al
It shall be the responsiblity of the property owner to maintain and/
or replace service pipes, including curb stops, from the corporation
on the main to the meter.
(Bi
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 (24) hours, the property owner sha)l provide the department
the name of the contractor that will make the repair and when the
repair wil] be made, which repair must be comp]eted within two (2)
days. If the repair has not been comp)eted within three (3) days
from the date the property owner wes first notified of the ]eak,
the Public Works Department shall cause the work to be completed
and the property owner will be bil]ed 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 immediate)¥ after discovering the
)eak, and bil) 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 the same, must be per-
manently 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(1)Right to Shut 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 extensions
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 prior to shutting off water if
conditions are such that it is possible to do so.
Regular Council Meeting
June 10, 1991
page 10
4.132{2}Pressure and Supply Not Guaranteed
The Public Works Department does not guarantee the customer any fixed
pressure or a continous supply. In emergencies water may be shut off
without notice.
4.312(3)Disclaimer of Liability
The Publlc Works Department aha11 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(1)Requirements and Installation
(A)
Except for extinguishing of fire, no person or other entity except
authorized City employees 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 thereof. All meters shall be installed by a )icensed plumber
or by a Public Works Department employee in accordance with the
following rules:
(1) Meters shall be placed on the service pipe not to exceed one
(1) foot from the wall where such pipe enters the premises;
(2) There shall be a valve between the meter and the wall;
(3) The meter shall be placed in a suitable place so as to keep
it dry and clean, protected from frost;
(4) All meters shall be readily accessible at all times to the meter
reader and inspectors of the Public Works Department.
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 meter,
4.313(2)Requirements of Seal
(Al
Every 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.
No person shall break or remove said seal 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 being granted specific permission by the
Public Works Department.
Regular Council Meeting
June 10,
page 11
(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)Protectlon, Damage and Repairs
The property owner or occupant of premises where a meter is installed
shall be held responsible for its care and protection 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 s:oppage or imperfect
working, the property owner or occupant shall give immediate notice to
the office of 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
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 removeled, removed, or destroyed, or where the service is dis-
continued so that the water meter is no longer needed, the owner of such
premises shall give notice to the Public Works Department to remove such
meter, end free access to such meter must be 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)Tamperin9 Prohibited; Estimation of Bill
No one shall in any way interfere with the proper registration of the
water meter, If any meter is found to have been tampered with, the water
bill shall be estimated for the period end 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 esti-
mated due. The basis for 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 Test i n_~
In case there is doubt as to the accuracy of a water meter on the part
of the customer, he may have the meter tested by the Public Works Depart-
ment; 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 for the labor for making such tests~ If the meter is found to
measure two (2) percent or more incorrectly, no charge will be made
for making the test. If the meter should be found to over-register more
than two (2) percent, there shall be a proportional deduction made from
the previous water bill. A water meter shall be considered to register
satisfactorily when it register within two (2) percent of accuracy.
4.313(7)Remote Meter .Registers
When remote registers have been installed, and there is a conflict between
Regular Council Meeting
June 10, 1991
page 12
the inside meter reading and the remote register reading, the ins-lde
meter reading shall prevail as the actual reading for billing purposes.
4.314 WATER RATE5 AND CHARGES: RULES AND REGULATION5
4.314(1)~
The Council shall be 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 shall be computed. All such utility bills may be collected as
provided for water billing by Section 4,314(3),
4.313(2)Owner Liability for Charges
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; Delinquent Bills~ Shut-Off for Non-Payment;. Res~ptioln of
Services
(Al Accountin~
The administration services of the City shall provide for a method
of periodic accounting and recording of water consumed at each
metered location throughtout the City, Bills Shall then be cal-
culated to include connecting and disconnecting charges; minimum
charges for availability of water services, regardless of con-
nection or usage; and consumption charges as necessary and ap-
propriate for revenue for the maintenance and operation of the
City water works facilities.
(Bi Statements
The administrative service shall mail said water bills to the
general occupant at the address listed for each specified meter
location. For purposes of this section, bills are presumed to be
received by the person responslb]e for payment thereon within
five (5) days of mailing.
(C) Due Date
Water bills are due and payable on the lOth 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
mailing is delinquent, at which time a charge established by
the City Council shall be added to the billing. Partial pay-
ment shall be considered as payment towards most recent
amounts billed.
(D) Delinquent Bills
Regular Council Meeting
June 10, 1991
page 13
The administrative service shall ascertain all water bills that
are delinquent after the 10th day of the month and mail notice
of such delinquency to the occupant of the metered location by
the 20th 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 secon 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 which 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 uncluding 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.
(El Shut-Off for Non-Payment
Water service may be discontinued at any time thereafter, subject
to tbe following excpetions:
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 suchiprotest.
(Fi Shut-Off for Non-Payment under 4.314(33
(1)
Water service may be discontinued under circumstances
described in Section 4.314(33(E)(13 by providing thirty
(30)days written "Final Notice" to each individual
tenant, lessee or occupant.
(2)
Upon expiration 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 remain unpaid.
(Gl Shut-0f_f for _Non-Payment Under 4.314(33(E)(23
Under circumstances described in Section 4.314(33(E)(23, the
administrative service shall investigate the basis for the protest
and issue a report of its findngs 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.
Regular Counc11 Meeting
June 10, 19~1
page 14
(Hi Certification of Delinquent 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 444.0?5.
4.)14(4)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 pro-
vided by said Finance Department.
4.315 DISCONTINUANCE OF SERVICE
Any customer desiring to discontinue the use of water must notify
the Public Works Department in writing. The Public Works Depart-
ment shall turn off the water, subject to any fees established.
4.316 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 permis-
sion from the Public Works Department.
4.317 FIRE SERVICE
4.317(1)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.
4.317(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.
4.317(3iL_imitation 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.
4.317(4)Prohibited Use
In any case when the owner or occupant of any premises are found to be
using water from a fire service for other purposes than fire protection,
such act will be cause for requiring metering of the fire service with
a meter specified by the Public Works Department, at the expense of
the owner.
4. 317 (5) Re. quirement of Meter
June 10, 1~1
page 15
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 direction of the Public
Works Department an approved water meter and to keep the same in
curate operating condition, if it finds it necessary to do so to pro-
tect the public interest.
4.318 FIRE HYDRANTS
4.318(1)Permit Requirements
No person other than an authorized City employee shall use a fire hydrant
without first obtaining a permit, therefore from the Public Works
Department.
4.318(2)Flushin9 Streets and Sewers
Hydrants used for construction purposes or for flushing sewers and
streets shall have a reducing coupling attached to the nozzle of the
hydrant with an independent throttling valve for regulating the supply.
4.318(3)0penin9 Hydrants
Hydrants shall be opened only with a numbered hydrant spanner.
4.318(4)Use as Temporary Service by Contractors
Temporary service from fire hydrants is available for contractors. A
meter w111 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 place a deposity for the replacement value of the meter with the
Public Works Department at the time of the request for application.
4.319 MISCELLANEOUS PROVISIONS
4.319())Water SupplY~l,,,~F'_ro~Two S,~o_ource_s~; Priva~te Supply Su_b, stitu_t?d- f.o.r~ City__
Wa ter
On premises where water is supplied from two sources, the City water
bei.ng one of the systems, the piping 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.
4.319(2)~i?co~nectlon of Direct Connection of Two~Sour, c~s
Premises now having direct connection between the City water supply
and another supply shall forthwith disconnect the same,
Regular Council Meeting
June 10, 1991
page 16
4.31~(3)Requirements of Safety Devices
Customers are required to equip boilers, hearing plants, and refrigeration
machinery with safety devices and/or backflow preventers; or provide
auxiliary supplies.
4.31~(4).RePai rs to C, ompl_y_,w_i_th_Pr~ovis_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
Such information as may be obtained from the records, 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.
4.319(6)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.
4.319(7)Provisions Considered Part of Every Contract
The foregoing 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.
4.320 MUNICIPAL SEWER SYSTEM
4.321 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 oxldation of organic matter
under standard laboratory procedure in 5 days at 20 degrees C,
expressed in parts per million by weight.
(bi
"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 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.
Ragu]ar Council Meeting
June 10, 1991
page 17
(d) "Combined sewer" means a sewer receiving both surface runoff and
sewage.
(el
"Garbage" means solid wastes from the preparation, cooking and
dispensing of food, and from the handling, stora9e and sale of
produce.
(fi "Industrial wastes" means any liquid wastes from industrial processes
as distinct from sanitary sewage.
(gl "Natural outlet" means any outlet into a watercourse, pond, ditch,
lake or other body of surface or ground water.
(hi "Ph" means the logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
(ii
"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~
(j) "Public sewer" means a sewer in which all owners of abutting
properties have equal rights and is controlled by public authority.
(k)
"Sewage" means a combination of the water-carried wastes
from residences, business buildings, institutions and industrial
establishments, together with such ground, surface and storm
waters as may be present.
(11 "Sanitary sewer" means a sewer which carried sewage and to which
storm, surface, and ground waters are not intentionally admitted.
(mi "Sewage treatment p)ant" means any arrangement of devices and
structures used for treating sewage.
(n) "Sewage works" means all facilities and equipment for collecting,
pumping, treating and disposing of sewage,
(o) "5ewer" means a pipe or conduit for carrying sewage.
(pi
"Storm sewer" or "storm drain" means a sewer which carried storm
and surface waters and drainage but excludes 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.
(ri "Water course" means a channel in which a flow of water occurs,
either continuously or intermittently.
4.322 PUBLIC SEWAGE SYSTEM
Regular Council Meeting
June 10, 1991
page 18
4.322 (I)Prohi bi ted Acts
The following acts are unlawful:
(Al
It is unlawful for any person to place, deposit or permit to be
deposited in an 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 objectlonable
(B)
It is unlawful to discharge into any natural outlet within the City,
or in any area under the jurisdicgion 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,
(c)
It is unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool or other facitllty intended or used for the
disposal of sewage.
4.322(2)Required Use
All houses, buildings, or properties used for human occupancy, employment,
recreat.ion or other purpose, situated within the City, shall connect
with and use publi, c sanitary sewers. No private sewage system is lawful
within the City.
4.323 REQUIREMENTS OF PERMITS, INSURANCE AND INDEMNIFICATION
4.323(1)Prohibited Connections
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the building
inspection department and otherwise complying with the terms of this
chapter,
4. ])23 (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 under-
taken within the City,
4.323(3)Permit Char~es and Applications
Metropolitan sewer availability charges (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.
Regular Council Meeting
June 10, 1~1
page 19
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 csrd 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 the 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 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 commencement of construction work, and such policy shall
provide that the City shall be notified immediately of any termi-
nation or modification of such insurance.
4.323(7) 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,
4.323(8) 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
imp)ementation of this part, which when approved by the Council by
resolution, shall govern the installation of building sewers and
connections.
4.324 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 City
Engineer, are installed and maintained, at the property owner's
expense, for the specific purpose of metering sewage.
Regular Council Meeting
June 10, 1991
page 20
4.325
SEWER CONSTRUCTION: GENERAL REQUIREMENTS AND SPECIFICATIONS
4.325(1)Separate Bui ldingl 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 be
used in connection with new buildings only when they are found, on
examination and test by the Public Works Department, to meet all require-
ments of this section,
4.325(2)Connection to Public Sewer
The connection of the building sewer into the public sewer shall be
made at the wye 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 publlc sewer at the 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) 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 water-
tight 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.
4.325(3)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
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property dis-
turbed in the course of the work shall be restored in a manner
satisfactory to the City Engineer.
4.325(4) 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, 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
Regular Council Meeting
June lO, 1991
page 21
be permitted or made from any building or structure located on a lot,
piece or parcel of land or severa] )ots, pieces or parcels of land
having a total width ]ess than that permitted by zoning ordinance,
~.~25(6)~pecifications
The following specifications shall be complied with:
(al
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,
(b)
Type of joints shall comply with the following specifications:
Cast iron shall be a push-on or ~chanlcal type. Polyvinyi
Chloride pipe shall be bell and spigot with an elastomeric 0
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 or 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 e]evation below the basement floor. No building
sewer shall be laid parallel to or within three feet of 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 grade 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 lifted by approved artificial means and
discharged to the building sewer,
(gl All joints and connections shall be made gastlght and watertight,
(h)
0 ring joints shall be installed in accordance with manufacturers'
recommendations, and backfilling shall not occur until the joints
have been tested and approved by the City,
(i) Other jointing materials and methods may be used only by approval
of the City Engineer,
4,326
REGULATIONS GOVERNING USE OF PUBLIC SEWERS
4.326(1)Prohlbi ted 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,
Regular Council Meeting
June 10, 1991
page 22
4. 326(2) Storm Waters and Unpol_l~ute_d _Drai_nage
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.
4.326(3)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,
(bi 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.
(e)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure, or any other solid
or viscous substance capable of causing obstruction to the flow
in sewers or other interference with the proper operation of the
sewage flow.
(fl
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.
(gl
Any waters or wastes containing a toxic or poisonous substance 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,
(hi
Any waters 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 cabaple of creating a
public nuisance.
4.326(4)Requirement of Interceptors
Grease, oil and sand interceptors shall be provided vahen they are neces-
sary for the proper handling of liquid wastes containing grease in
excessive amounts of 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 Engineer, and shall be
Regular Council Meeting
June lO, 1991
page 23
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 gastight and watertight. Where installed,
all grease, oil and sand interceptors shall be maintained by the owner,
at his expense, in continuously efficient operation at all times,
and shall be subject to inspection by the City or other govern-
mental public health agents.
4.326(5)Certain Types of Uses; Sub~iect to A~proval
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 mi{lion
by weight of suspended solids, or (3) containing any quantity of
substances having characteristics 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 Engineer.
4. 326(6) Prel imi nary 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 or
constituents 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 sub-
mitted for the approval of the City Engieer of the Minnesota Pol-
lution Control Agency, and no construction of such facilities shall
be commenced until said approvals are obtained in writing,
4,326(7)Maintenance of Preliminary Treatment Facilities
Where preliminary treatmeDt facilities are provided for any waters
or wastes, they shall be maintained continously 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,
4.326(8)Maintenance of Services
The owner shall be responsible for maintenance of the building service,
including cleaning, repair and replacement, All other City require-
ments shall be met in the maintenance of building services.
4.326(9)R_equirements of Manholes
The owner of any property served by a building sewer carrying industrial
wastes shall install a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes.
Regular Council Meeting
June 10, 1991
page 24
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 owlqer, 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
effluent at all times.
4.326(lO)Measurements - Tests and Analyses
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference ts made in 4.326(3) and 4.326(5) of this
section shal) 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(ll)S, pecial Provisionsi 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 character
may be accepted by the city for treatment subject to payment therefore
by the industrial concern.
4.327
MISCELLANEOUS SEWAGE REGULATORY PROVISIONS
4. 327 ( 1 ) ..P_r~pe r_ty pama~l_e
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 guilty of a misdemeanor,
4.327(2) l~spections~ Auth~Kit~ and Power~
The City Engineer and other duly authorized employees of the City,
bearing proper credentials and identification, shall be permitted
to enter upon a11 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)Misdemeanor
Any person, firm, or corporation who violates or refuses to comply
with any of the provisions of this chapter, Article Ill, is guilty
of a misdemeanor and, upon conviction thereof, shall be subject to
a fine of not more than $700,00 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.
Regular Council Meeting
June 10, 1991
page 25
h.328(2).Liability to City for Damage
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.
First reading: June 10, 1991
Notion by Ruettimann, second by Paterson to schedule the second reading of
Ordinance No. 1227 for June 2h, 1991. Roll call: All ayes
7. COMMUNICATIONS
a. Traffic Commission
The minutes of the June 3, 1991 Traffic Commission meeting were received
for information purposes only. No Council action was required.
b. Explorer Post Raffle
A letter was received requesting Council permission for the Explorer Post
to conduct a raffle. The proceeds from this raffle would be used for
expenses of Explorer activities.
Notion by Carlson, second by Paterson to approve the raffle being condacted
by the Explorer Post. Ro11 call: A11 ayes
8. OLD BUSINESS
There was no old business.
9. NEW BUSINESS
a. Permission to Seek Bids for Electrical Work
The Public Works Director noted that the holiday decorations which were
referred to by the Chamber of Commerce would require some electrical wiring.
He requesting permission to seek bids for this work and felt with a four
month timeframe a better price may be available.
Motion by Nawrocki, second by Paterson to direct staff to seek bids for
electrical work for holiday decorations, Rol1 call: All ayes
b. Establish Date for Public Hearing
The City Manager advised that staff is considering reconstruction of three
atleys and a public hearing date shobld be established.
Notion by Clerkin, second by Paterson to establish August 5, 1991 at 8:00 p.m.
as the public hearing date and time for alley reconstruction. Roll call: All
ayes
c. Fourth of July Fireworks
Councilmember Nawrocki indicated he has been advised that.the fireworks
traditionally held on the Fourth of July had been cancelled. Councilmember
Ruettimann responded that the organizations which had previously donated
the funding for the fireworks were no longer able to do so.
Regular Council Meeting
June 10, 1991
page 26
10. REPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and the following items
were discussed:
]. Jackson Pond: As the result of very heavy rains a portion of the Jackson
Pond wall and bank slld into the Pond. The City Engineer feels there are some
problems with the wall and its construction. He has turned the matter over
to the City Attorney to make a claim on the construction bond.
2. Alley Project #9115: This alley is located between hth and 5th Streets, 52nd
and 53rd Avenues. Water problems have been experienced in the alley for many
years. Borings were made in the alley and it was determined that it is not
thick enough to patch, mill and sealcoat. The City Engineer stated he is not
presently aware of any solution to the water problems other than to reconstruct
and install drains. Councilmember RuettJmann suggested that another meeting be
held with the affected property owners to discuss the results of the borings.
Motion by Peterson, second by Clerkin to establish a public hearing on this
'alley for 6:00 p.m. on Monday, June 24, 1991. Roll call: All ayes
3. Council Work Session: Monday, June 17, 1991 at 7:00 p.m. was the date and
time established for a Council work session.
4. Silver Lake: The City Manager advised that more information is needed to
be given regarding Ordinance No. 1220 which would regulate boat traffic on
Silver Lake. He requested the ordinance be withdrawn or that no more Council
action be taken on it at this time.
Motion by Paterson, second by Ruettimann to table the second reading of Ordi-
nance No. 1220. Roll call: All ayes
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Peterson, second by Ruettimann to adjourn the meeting at 10:!5 p,m.
Roll call: All ayes
/6-A~he Student, ~'6uncil Secretary