HomeMy WebLinkAboutFebruary 22, 1993OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
The Council Meeting was called to order at 7:00 p.m. by Mayor
Murzyn.
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were approved on the Consent Agenda:
Minutes for Approval
The Council approved
Meeting of February 8,
corrections.
the minutes of the Regular Council
1993 as presented and there were no
Request for Temporary Signage
The Council approved the temporary signage as requested by
Grocery Hut Store, 4901 University Avenue, providing a $100
deposit is submitted to the City to assure the removal of the
temporary signage by February 28, 1993.
Authorization to Seek Bids for Road Materials
The Council authorized staff to seek bids for the purchase of
road materials.
Authorization to Seek Bids for 1993 Tree Replanting Program
The Council authorized staff to seek bids for the 1993 Tree
Replanting Program.
Attendance of Liquor Store Manager at Liquor Convention
The Council authorized the Liquor Operations Manager to attend
the National Liquor Store Association, Inc. Annual Convention,
April 25 - 29, 1993, in Las Vegas, Nevada and that all related
expenses be reimbursed.
Approval of License Applications
The Council approved the 1993 license applications as listed
upon payment of proper fees.
Payment of Bills
The Council authorized the payment of bills as listed out of
proper funds.
4. APPROVAL OF CONSENT AGENDA
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 2
Motion by Nawrocki, second by Peterson to approve the consent
agenda as presented. Roll call: All ayes
OPEN MIKE/PRESENTATIONS/PROCLAMATIONS
There was no one present for Open Mike.
Mayor Murzyn read a proclamation designating the week of March
7 - 14, 1993 as Volunteers of America Week in Columbia
Heights.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. Second Reading of Ordinance No. 1259, Being an Ordinance
Repealing Ordinance No. 1258, an Ordinance for the Sale of
Certain Real Property
Motion by Ruettimann, second by Peterson to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1259
BEING AN ORDINANCE REPEALING ORDINANCE NO. 1258, AN ORDINANCE
FOR THE SALE OF CERTAIN REAL PROPERTY
The City of Columbia Heights does ordain:
Section 1: Ordinance No. 1258, an ordinance for the sale of
certain real property to Metro Exteriors is hereby repealed.
Section 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading: February 8, 1993
Second Reading: February 22, 1993
Date of Passage: February 22, 1993
Offered by: Ruettimann
Seconded by: Peterson
Roll call: All ayes
Mayor Donald J. Murzyn, Jr~
Jo-Anne Student, Council Secretary
b. Second Reading of Ordinance No. 1262; Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, Vacating a
Certain Alley Easement
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 3
Motion by Nawrocki, second by Ruettimann to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1262
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, VACATING A CERTAIN ALLEY EASEMENT
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights herewith vacates the
public alley over, across, and under the following described
property, to wit:
The alley running North-South, adjacent on the west side to
Lots 4,5,6,7,8,9,10,11,12,13,14,15,16,17,18, 19, 20,21, and
22, Block 65, Columbia Heights Annex to Minneapolis, Columbia
Heights, Anoka County, Minnesota.
excepting and reserving the authority of any person,
corporation or municipality owning or controlling electric or
telephone poles and lines, gas and sewer lines, or water
pipes, mains and hydrants, thereon or thereunder, to continue
maintaining the same or to enter upon such way or portion
thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereto.
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:
February 8, 1993
February 22, 1993
February 22, 1993
Offered by:
Seconded by:
Roll call:
Nawrocki
Ruettimann
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
c. First Reading of Ordinance No. 1261, Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, as Amended,
Pertaining to Flood Plain
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 4
Motion by Peterson, second by Clerkin to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1261
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AS AMENDED, PERTAINING TO FLOOD PLAIN
The City of Columbia HeiGhts does ordain:
Section 1: Chapter 9, Article III, of Ordinance No. 853, City
Code of 1977, as it currently reads, is hereby repealed.
Section 2: Chapter 9, Article III, of Ordinance No. 853, City
Code of 1977, shall hereafter read as follow, to wit:
STATUTORY AUTHORIZATION
FINDINGS OF FACT AND PURPOSE
9.301.1 Statutory Authorization: The LeGislature of the State
of Minnesota has, in Minnesota Statutes Chapter 103F and
462.351 et. seq. (zoning enabling statute) delegated the
responsibiity to local Government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council
of the City of Columbia HeiGhts, Minnesota does ordain as
follows:
9.301.2 Finding of Fact:
9.301.21 The flood hazard areas of the City of Columbia
HeiGhts, Minnesota, are subject to periodic inundation which
results in potential loss of life, loss of property, health
and safety hazards, disruption of commerce and Governmental
services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and General
welfare.
9.301.22 Methods used to analyze flood hazards. This
ordinance is based upon a reasonable method of analyzing flood
hazards which is consistent with the standards established by
the Minnesota Department of Natural Resources.
9.301.3 Statement of Purpose: It is the purpose of this
ordinance to promote the public health, safety, and General
welfare and to minimize those losses described in 9.301.21 by
provisions contained herein.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 5
GENERAL PROVISION
9.302.1 Land to Which Ordinance Applies: This ordinance shall
apply to all lands within the jurisdiction of the City of
Columbia Heights shown on the Official Zoning Map and/or the
attachments thereto as being located within the boundaries of
the Floodway, Flood Fringe, or General Flood Plain District.
9.302.2 Establishment of Official Zoning Map: The Official
Zoning Map together with all materials attached thereto is
hereby adopted by reference and declared to be part of this
ordinance. The attached material shall include the Flood
Insurance Study for the City prepared by the Federal Insurance
Administration dated March, 1978, and the Flood boundary and
Floodway Map and Flood Insurance Rate Map dated September 29,
1978 therein. The Official Zoning Map shall be on file in the
Office of the City Clerk and the Zoning Administrator.
9.302.3 Regulatory Flood Protection Elevation: The Regulatory
Flood Protection Elevation shall be an elevation no longer
than one foot above the elevation of the regional flood plus
and increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
9.302.4 Interpretation: In their interpretation and
application, the provisions of this ordinance shall be held to
be minimum requirements and shall be liberally construed in
favor of the Governing Body and shall not be deemed a
limitation or repeal of any other powers granted by State
Statute.
9.302.41 In their interpretation and application, the
provisions of this ordinance shall be held to be minimum
requirements and shall be deemed a limitation or repeal of any
other powers granted by State statutes.
9.302.42 The boundaries of the zoning districts shall be
determined by scaling districts on the Official Zoning Map.
Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the Official Zoning
Map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions, and
there is a formal appeal of the decision of the Zoning
Administrator, the Board of Adjustment shall make the
necessary interpretation. All decisions will be based on
elevations on the regional (100-year) flood profile and other
available technical data. Persons contesting the location of
the district boundaries shall be given a reasonable
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 6
opportunity to present their case to the Board and to submit
technical evidence.
9.302.5 AbroGation and Greater Restrictions: It is not
intended by this ordinance to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions, the
provisions of the ordinance shall prevail. All other
ordinances are hereby repealed to the extent of the
inconsistency only.
9.302.6 Warning and Disclaimer of Liability: This ordinance
does not imply that areas outside the flood plain districts or
land uses permitted within such districts will be free from
flooding or flood damages. This ordinance shall not create
liability on the part of the City or any officer or employee
thereof for any flood damages that may result from reliance on
this ordinance or any administrative decision lawfully made
thereunder.
9.302.7 Severability: If any section, clause, provision, or
portion of this ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of
this ordinance shall not be affected thereby.
9.302.8 Definitions: Unless specifically defined below, words
or phrases used in this ordinance shall be interpreted so as
to Give them the same meaning as they have in common usage and
so as to Give this ordinance its most reasonable application.
9.302.81 Accessory Use or Structure: a use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
9.302.82 Basement - means any area of a structure, including
crawl spaces, having its floor or base subGrade (below Ground
level) on all four sides, regardless of the depth of
excavation below Ground level.
9.302.83 Conditional Use - means a specific type of structure
or ]and use listed in the official control that may be allowed
but only after an in-depth review procedure and with
appropriate conditions or restrictions as provided in the
official zoning controls or building codes and upon a finding
that: (1) certain conditions as detailed in the zoning
ordinance exist and (2) the structure and/or land use conform
to the comprehensive land use plan if one exists and are
compatible with the existing neighborhood.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 7
9.302.84 Equal Degree of Encroachment - a method of
determining the location of floodway boundaries so that flood
plain lands on both sides of a stream are capable of conveying
a proportionate share of flood flows.
9.302.85 Flood - temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake that results in
the inundation of normally dry areas.
9.302.86 Flood Frequency - the frequency for which it is
expected that a specific flood stage or discharge may be
equalled or exceeded.
9.302.87 Flood Fringe - that portion of the flood plain
outside of the floodway. Flood fringe is synonymous with the
term "floodway fringe" used in the Flood Insurance.Study for
the City.
9.302.88 Flood Plain - the beds proper and the areas adjoining
a wetland, lake, or watercourse which have been or hereafter
may be covered by the regional flood.
9.302.89 Flood-proofing - a combination of structural
provisions, changes, or adjustments to properties and
structues subject to flooding primarily for the reduction or
elimination of flood damages.
9.302.90 Floodway - the bed of a wetland or lake and the
channel of the watercourse and those portions of the adjoining
flood plain which are reasonably required to carry or store
the regional flood discharge.
9.302.91 Obstruction - any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory flood
plain which may impede, retard, or change the direction of the
flow of water, either in itself or by catching or collecting
debris carried by such water.
.9.302.92 Principal Use or Structure - means all uses or
structures that are not accessory uses or structures.
9.302.93 Reach - a hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment
of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 8
9.302.94 Regional Flood - a flood which is representative of
large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on
an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the
term "base flood" used in the Flood Insurance Study.
9.302.95 Regulatory Flood Protection Elevation - The
Regulatory Flood Protection Elevation shall be an elevation no
lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments
on the flood plain that result from designation of a floodway.
9.302.96 Structure - anything constructed or erected on the
ground or attached to the ground or on-site utilities,
including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, travel
trailers/vehicles not meeting the exemption criteria specified
in Section 9.309.31 of the ordinance and other similar items.
9.302.97 Variance - means a modifiction of a specific
permitted development standard required in an official control
including this ordinance to allow an alternative development
standard not stated as acceptable in the official control, but
only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique
circumstances as defined and elaborated upon in a community's
respective planning and zoning enabling legislation.
ESTABLISHMENT OF ZONING DISTRICTS
9.303.1 Districts:
9.303.11 Floodway Districts. The Floodway District
include those areas designated as floodway on the
Boundary and Floodway Map adopted in Section 9.302.2.
shall
Flood
9.303.12 Flood Fringe District. The Flood Fringe District
shall include those areas designated as floodway fringe on the
Flood Boundary and Floodway Map adopted in Section 9.302.2.
9.303.13 General Flood Plain District. The General Flood Plain
District shall include those areas designated as unnumbered A
Zones on the Flood Insurance Rate Map adopted in Section
9.302.2.
9.303.2 Compliance. No new structure or land shall hereafter
be used and no structure shall be located, extended,
converted, or structurally altered without full compliance
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 9
with the terms of this ordinance and other applicable
regulations which apply to uses within the jurisdiction of the
ordinance. Within the Floodway,' Flood Fringe and General Flood
Plain Districts, all uses not listed as permitted uses or
conditional uses in Sections 9.304.0, 9.305.0 and 9.306.0 that
follow, respectively, shall be prohibited. In addition, a
caution is provided here that:
9.303.21 New manufactured homes, replacement manufactured
homes and certain travel trailers and travel vehicles are
subject to the general provisions of the ordinance and
specifically Section 9.309.0;
9.303.22 Modifications, additions, structural alterations or
repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by the
general provisions of the ordinance and specifically Section
9.311.0; and
9.303.23 As built elevations for elevated or flood proofed
structures must be certified by ground surveys and flood
proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in
the general provisions of this ordinance and specifically as
stated in Section 310.0 of this ordinance.
FLOODWAY DISTRICT
9.304.1 Permitted Uses:
9.304.11 General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
9.304.12 Industrial-commercial loading areas, parking areas
and airport landing strips.
9.304.13 Private and public golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting and fishing areas, and
single or multiple purpose recreational trails.
9.304.14 Residential lawns, gardens, parking areas, and play
areas.
9.304.2 Standards for Floodway Permitted Uses:
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE ]0
9.304.21 The use shall have a low flood damage potential.
9.304.22 The use shall be permissable in the underlying zoning
district if one exists.
9.304.23 The use shall not obstruct flood flows or increase
flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or
equipment.
9.304.3 Conditional Uses:
9.304.31 Structures accessory to the uses listed in 9.304.1
above and the uses listed in 9.304.32 - 9.304.38 below.
9.304.32 Extraction and storage of sand, gravel and other
materials.
9.304.33 Marinas, boat rentals, docks, piers, wharves, and
water control structures.
9.304.34 Railroads, streets, bridges, utility transmission
lines, and pipelines.
9.304.35 Storage yards for equipment, machinery or materials.
9.304.36 Placement of fill.
9.304.37 Travel trailers and travel vehicles either on
individual lots of record or in existing or new subdivisions
or commercial or condominimum type campgrounds, subject to the
exemptions and provisions of Section 9.309.3 of this
ordinance.
9.304.38 Structural works for flood control such as levees,
dikes and floodwalls constructed to any height where the
intent is to protect individual structures and levees or dikes
where the intent is to protect agricultural crops for a
frequency flood event equal to or less than the 10-year
frequency flood event.
9.304.4 Standard for Floodway Conditional Uses:
9.304.41 All Uses. No structure (temporary or permanent), fill
(including fill for road and levees), deposit, obstruction,
storage of materials or equipment, or other uses may be
allowed as a Conditional Use that will cause any increase in
the stage of the 100-year or region flood or cause an increase
in flood damage in the reach or reaches affected.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 11
9.304.42 All floodway Conditional Uses shall be subject to the
procedures and standards contained in Section 9.310.4 of this
ordinance.
9.304.43 The Conditional Use shall be permissable in the
underlying zoning district if one exists.
9.304.44 Fill:
(a) Fill, dredge spoil and all other similar materials
deposited or stored in flood plain shall be protected from
erosion by vegetative cover, mulching, rip rap or other
acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall
not be allowed in the floodway unless a long-term site
development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(c) As an alternative, and consistent with subsection (b)
immediately above, dredge spoil disposal and sand and gravel
operations may allow temporary, on-site storage of fill or
other materials which would have caused an increase to the
stage of the 100-year or regional flood but only after the
Governing Body has received an appropriate plan which assures
the removal of the materials from the floodway based upon the
flood warning time available. The Conditional Use Permit must
be title registered with the property in the Off~ce of the
County Recorder.
9.304.45 Accessory Structures:
(a) Accessory structures shall not be designed for human
habitation.
(b) Accessory structures, if permitted, shall be constructed
and placed on the building site so as to offer the minimum
obstruction to the flow of flood water. (1) Whenever,
possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and
(2) so far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
(c) Accessory structures shall be elevated on fill or
structurally dry flood proofed in accordance with the FP-1 or
FP-2 flood proofing classifications in the State Building
Code. As an alternative, an accessory structure may be flood
proofed to the FP-3 or FP-4 flood proofing classifications in
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 12
the State Building Code provided the accessory structure
constitutes a minimal investment, does not exceed 500 square
feet in size, and for a detached garage, the detached must be
used solely for parking of vehicles and limited storage. All
flood proofed accessory structures must meet the following
additional standards, as appropriate:
(1) The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls; and
(2) Any mechanical and utility equipment in a structure must
be elevated to or above the Regulatory Flood Protection
Elevation or properly flood proofed.
9.304.46 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time
of flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
after flood warning and in accordance with a plan approved by
the Governing Body.
9.304.47 Structural works for flood control that change the
course, current, or cross-section of protected wetlands or
public waters, shall be subject to the provisions of Minnesota .
Statutes, Chapter 103G. Community-wide structural works for
flood control intended to remove areas from the regulatory
flood plain shall not be allowed in the floodway.
9.304.48 A levee, dike or floodwall constructed in the
floodway shall not cause an increase of the 100-year or
regional flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
FLOOD FRINGE DISTRICT (FF)
9.305.1 Permitted Uses, Permitted Uses shall be those uses of
land or structures listed as Permitted Uses in the underlying
zoning use district(s). If no pre-existing, underlying zoning
use districts exist, then any residential or non-residential
structure or use of a structure or land shall be a Permitted
Use in the Flood Fringe provided such use does not constitute
a public nuisance. All Permitted Uses shall comply with the
standards for Flood Fringe "Permitted Uses" listed in Section
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FEBRUARY 22, 1993
PAGE 13
9.305.2 and the "Standards for all Flood Fringe Uses" listed
in Section 9.305.5.
9.305.2 Standards for Flood Fringe Permitted Uses:
9.305.21 All structures, including accessory structures, must
be elevated on fill so that the lowest floor including
basement floor is at or above the Regulatory Flood Protection
Elevation. The finished fill elevation for structures shall be
no lower than one (1) foot below the Regulatory Flood
Protection Elevation and the fill shall extend at such
elevation at least fifteen (15) feet beyond the outside limits
of the structure erected thereon.
9.305.22 As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and that do
not exceed 500 square feet for the outside dimension at ground
level may be internally flood proofed in accordance with
Section 9.304.45(c).
9.305.23 The cumulative placement of fill where at any one
time in excess of one-thousand (1,000) cubic yards of fill is
located on the parcel shall be allowable only to elevate a
structure in accordance with Section 9.305.21 of this
ordinance.
9.305.24 The storage of any materials or equipment shall be
elevated on fill to the Regulatory Flood Protection Elevation.
9.305.25 The provisions of Section 9.305.5 of this ordinance
shall apply.
9.305.3 Conditional Uses: Any structure that is not elevated
on fill or flood proofed in accordance with Section 9.305.21 -
9.305.22 or any use of land that does not comply with the
standards in Section 9.305.23 - 9.305.24 shall only be
allowable as a Conditional Use. An application for a
Conditional Use shall be subject to the standards and criteria
and elevation procedures specified in Sections 9.305.4 -
9.305.5 and 9.310.4 of this ordinance.
.9.305.4 Standards for Flood Fringe Conditional Uses:
9.305.41 Alternative elevation methods other than the use of
fill may be utilized to elevate a structure's lowest floor
above the regulatory Flood Protection Elevation. These
alternative methods may include the use of stilts, pilings,
parallel walls, etc., or above-Grade, enclosed areas such as
crawl spaces or tuck under garages. The base or floor of an
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FEBRUARY 22, 1993
PAGE 14
enclosed area shall be considered above-ground and not a
structure's basement or lowest floor if: 1) the enclosed areas
is above-ground on at least one side of the structure; 2) it
is designed to internally flood and is constructed with flood
resistant materials; and 3) it is used solely for parking of
vehicles, building access or storage. The above-noted
alternative elevation methods are subject to the following
addition standards:
(a) Design and Certification - The structure's design and as-
built condition must be certified by a registered professional
engineer or architect as being in compliance with the general
design standards of the State Building Code and, specifically,
that all electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at
or above the Regulatory Flood Protection Elevation or be
designed to prevent flood water from entering or accumulating
within these components during times of flood.
(b) Specific Standards for Above-Grade, Enclose Areas - Above-
grade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally flood and the design
plans must stipulate:
1) The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of all
openings shall be no higher than one-foot ab6ve grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
2) That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4 classifications
in the State Building Code and shall be used solely for
building access, parking of vehicles or storage.
9.305.42 Basements, as defined by Section 9.302.82 of this
ordinance, shall be subject to the following:
(a) Residential basement construction shall not be allowed
below the Regulatory Flood Protection Elevation.
(b) Non-residential basements may be allowed below the
Regulatory Flood Protection Elevation provided the basement is
structurally dry flood proofed in accordance with Section
9.305.43 of this ordinance.
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FEBRUARY 22, 1993
PAGE 15
9.305.43 All areas of non-residential structures including
basements to be placed below the Regulatory FlOod Protection
Elevation shall be flood proofed in accordance with the
structurally dry flood proofing classification in the State
Building Code. Structurally dry flood proofing must meet the
FP-1 and FP-2 flood proofing classification in the State
Building Code and this shall require making the structure
watertight with the walls substantially impermeable to the
passage of water and with the structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
the effectd of buoyancy. Structures flood proofed to the FP-3
and FP-4 classification shall not be permitted.
9.305.44 When at any one time more than 1,000 cubic yards of
fill or other similar material is located on a parcel for such
activities as on-site storage, landscaping, sand and gravel
operations, landfills, roads, dredge spoil disposal or
construction of flood control works, and erosion/sedimentation
control plan must be submitted unless the community is
enforcing a state approved shoreland management ordinance. In
the absence of a state approved shoreline ordinance, the plan
must clearly specify the methods to be used to stabilize the
fill on site for a flood event at a minimum of the 100-year or
regional flood event. The plan must be prepared and certified
by a registered professional engineer or other qualified
individual acceptable to the Governing Body. The plan may
incorporate alternative procedures for removal of the material
from the flood plain if adequate flood warning time exists.
9.305.45 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time
of flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
(b) Storage or other materials or equipment may be allowed if
readily removable from the area within the time available
after flood warning and in accordance with a plan approved by
the Governing Body.
9.305.46 The provisions of Section 9.305.5 of this ordinance
shall also apply.
9.305.5 Standards for ail Flood Fringe Uses:
9.305.51 All new principal structures must have vehicular
access at or above an elevation not more than two (2) feet
be]ow the Regulatory Flood Protection Elevation. If a variance
to this requirement is granted, the Board of Adjustment must
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FEBRUARY 22, 1993
PAGE 16
specify limitations on the period of use of occupancy of the
structure for times of flooding and only after determining
that adequate flood warning time and local flood emergency
reponse procedures exist.
9.305.52 Commercial Uses - accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower
than the Regulatory Flood Protection Elevation. However, a
permit for such facilities to be used by the employees or the
general public shall not be granted in the absence of a flood
warning system that provides adequate time for evacuation if
the area would be inundated to a depth greater than two feet
or be subject to flood velocities greater than four feet per
second upon occurrence of the regional flood.
9.305.53 Manufacturing and Industrial Uses - measures shall be
taken to minimize interference with normal plant operations
especially along streams having protracted flood durations.
Certain accessory land uses such as yards and parking lots may
be at lower elevations subject to the requirements set out in
Section 9.305.52 above. In considering permit applications,
due consideration shall be given to needs of an industry whose
business requires that it be located in flood plain areas.
9.305.54 Fill shall be properly compacted and the slopes shall
be properly protected by the use of rip rap, vegetative cover
or other acceptable method. The Federal Emergency Management
Agency (FEMA) has established criteria for removing the
special flood hazard area designation for certain structures
properly elevated on fill above the 100-year flood elevation -"
FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-
lot developments. These standards should be investigated prior
to the initiation of site preparaton if a change of special
flood hazard area designation will be requested.
9.305.55 Flood Plain developments shall not adversely affect
the hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse or drainage system where a
floodway or other encroachment limit has not been specified on
the Official Zoning Map.
9.305.56 Standards for travel trailers and travel vehicles are
contained in Section 9.309.3.
9.305.57 Ail manufactured homes must be securely anchored to
an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of anchoring
may include, but not be limited to, use of over-the-top or
frame
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FEBRUARY 22, 1993
PAGE 17
ties to ground anchors. This requirement is an addition to
applicable state or local anchoring requirements for resisting
wind forces.
GENERAL FLOOD PLAIN DISTRICT
9.306.1Permissable Uses:
9.306.11 The uses listed in Section 9.304.1 of this ordinance
shall be permitted uses.
9.306.12 All other uses shall be subject to the floodway/flood
fringe evaluation criteria pursuant to Section 9.306.2 below.
Section 9.304.0 shall apply if the proposed use is in the
Flood District and Section 9.305.0 shall apply if the proposed
use is in the Flood Fringe District.
9.306.2 Procedures for Floodway and Flood Fringe
Determinations Within the General Flood Plain District:
9.306.21 Upon receipt of an application for a Conditional Use
Permit for a use within the General Flood Plain District, the
applicant shall be required to furnish such of the following
information as is deemed necessary by the Zoning Administrator
for the determination of the Regulatory Flood Protection
Elevation and whether the proposed use is within the Floodway
or Flood Fringe District.
(a) A typical valley cross-section showing the channel of the
stream, elevation of land areas adjoining each side of the
channel, cross-sectional areas to be occupied by the proposed
development, and high water information.
(b) Plan (surface view) showing elevations or contours of the
ground; pertinent structure, fill, or storage elevations;
size, location, and spatial arrangement of all proposed and
existing structures on the site; location and elevations of
streets; photographs showing existing land uses and vegetation
upstream and downstream; and soil type.
(c) Profile showing the slope of the bottom of the channel or
flow line of the stream for at ]east 500 feet in either
direction from the proposed development.
9.306.22 The applicant shall be responsible to submit one copy
of the above information to a designated engineer or other
expert person or agency for technical assistance in
determining whether the proposed use is in the Floodway or
Flood Fringe District and to determine the Regulatory Flood
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FEBRUARY 22, 1993
PAGE I8
Protection Elevation. Procedures consistent with Minnesota
Regulations 1983, Parts 6120.5000 - 6120.6200 shall be
followed in this expert evaluation. The designated engineer
or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective
Department of Natural Resources' Area Hydrologist prior to
commencing the analysis. The designated engineer or expert
shall:
(a) Estimate peak discharge of the regional flood.
(b) Calculate the water surface profile of the regional flood
based upon a hydraulic analysis of the stream channel and
overbank areas.
(c) Compute the floodway necessary to convey or store the
regional flood without increasing flood stages more than 0.5
foot. A lesser stage increase than 0.5' shall be required if,
as a result of the additional stage increase, increased flood
damages would result. An equal degree of encroachment on both
sides of the stream within the reach shall be assumed in
computing floodway boundaries.
9.306.23 The Zoning Administrator shall present the technical
evaluation and findings of the designated engineer or expert
to the City Council. The City Council must formally accept the
technical evaluation and the recommended Floodway and/or Flood
Fringe District boundary or deny the permit application. The
City Council, prior to official action, may submit the
application and all supporting data and analyses to the
Federal Emergency Management Agency, the Department of Natural
Resources or the Planning Commission for review and comment.
Once the Floodway and the Flood Fringe boundaries have been
determined, the City Council shall refer the matter back to
the Zoning Administrator who shall process the permit
application consistent with the applicable provisions of
Section 9.304.0 and 9.305.0 of this' ordinance.
SUBDVISIONS
9.307.1 Review Criteria: No land shall be subdivided which is
unsuitable for the reason of flooding, inadequate drainage,
water supply or sewage treatment facilities. All lots within
the flood plain districts shall contain a building site at or
above the Regulatory Flood Protection Elevation. All
subdivisions shall have water and sewage treatment facilities
that comply with the provisions of this ordinance and have
road access both to the subdivision and to the individual
building sites no lower than two feet below the Regulatory
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FEBRUARY 22, 1993
PAGE 19
Flood Protection Elevation and the required elevation of all
access roads shall be clearly labelled on all required
subdivision drawings and platting documents.
9.307.2 Floodway/Flood Fringe Determinations in the Genera]
Flood Plain District: In the General Flood Plain District,
applicants shall provide the information required in Section
9.306.2 of the ordinance to determine the 100-year flood
elevation, the Floodway and Flood Fringe Protection Elevations
for the subdivision site.
9.307.3 Removal of Special Flood Hazard Area Designation: The
Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard designation for
certain structures properly elevated on fill above the 100-
year flood elevations. FEMA's requirements incorporate
specific fill compaction and side slope protection standards
for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site
preparation if a change of special flood hazard area
designation will be requested.
PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
9.308.1 Public Utilities. All public utilities and facilities
such as gas, electrical, sewer, and water supply systems to be
located in the flood plain shall be flood-proofed in
accordance with the State Building Code or elevated to above
the Regulatory Flood Protection Elevation.
9.308.2 Public Transportation Facilities. Railroad tracks,
roads and bridges to be located within the flood plain shall
comply with Sections 9.304.0 and 9.305.0 of this ordinance.
Elevation to the Regulatory Flood Protection elevation shall
be provided where failure or interruption of these
transportation facilities would result in danger to the public
health or safety or where such facilities are essential to the
orderly functioning of the area. Minor auxiliary roads or
railroads may be constructed at a lower elevation where
failure or interruption of transportation services would not
endanger the public health or safety.
9.308.3 On-site Sewage Treatment and Water Supply Systems.
Where public utilities are not provided: l) On-site water
supply systems must be designed to minimize or eliminate
infiltration of flood waters into the system; and 2) New or
replacement on-site sewage treatment systems must be designed
to minimize or eliminate infiltration of flood waters and they
shall not be subject to impairment or contamination during
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FEBRUARY 22, 1993
PAGE 20
times of floodinG. Any sewage treatment system designed in
accordance with the State's current statewide standards for
on-site sewage treatment systems shall be determined to be in
compliance with this Section.
MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT
OF TRAVEL TRAILERS AND TRAVEL VEHICLES
9.309.1 New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions
placed on subdivisions by Section 9.307.0 of this ordinance..
9.309.2 The placement of new or replacement manufactured homes
in existing manufactured home parks or on individual lots of
record that are located in flood plain districts will be
treated as a new structure and may be placed only if elevated
in compliance with Section 5.0 of this ordinance. If vehicular
road access for pre-existing manufactured home parks is not
provided in accordance with Section 9.305.51, then replacement
manufactured homes will not be allowed until the property
owner(s) develops a flood warning emergency plan acceptable to
the City Council.
9.309.21 All manufactured homes must be securely anchored to
an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of anchoring
may include, but are not to be limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements
for resisting wind forces.
9.309.3 Travel trailers and travel vehicles that do not meet
the exemption criteria specified in Section 9.309.31 below
shall be subject to the provisions of this ordinance and as
specifically spelled out in Sections 9.309.33 - 9.309.34
below.
9.309.31 Exemption - Travel trailers and travel vehicles are
exempt from the provisions of the ordinance if they are placed
tn any of the areas listed in Section 9.309.32 below and
further they meet the following criteria:
(a) Have current licenses required for highway use.
(b) Are highway ready, meaning on wheels or the internal
jacking system, are attached to the site only by quick
disconnect type utilities commonly used in campgrounds and
trailer parks and the travel trailer/travel vehicle has no
permanent structural type additions attached to it.
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FEBRUARY 22, 1993
PAGE 21
(c) The travel trailer or travel vehicle and associated use
must be permissible in any pre-existing, underlying zoning use
district.
9.309.32 Areas Exempted for Placement of Travel/Recreational
Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial/recreational vehicle parks
campgrounds.
or
(c) Existing condominium type.associations.
9.309.33 Travel trailers and travel vehicles exempted in
Section 9.309.31 lose this exemption when development occurs
on the parcel exceeding $500 dollars for a structural addition
to the travel trailer/travel vehicle or an accessory structure
such as a garage or storage building. The travel
trailer/travel vehicle and all additions and accessory
structures will then be treated as a new structure and shall
be subject to the elevation/flood proofing requirements and
the use of land restrictions specified in Sections 9.304.0 and
9.305.0 of this ordinance.
9.309.34 New commercial travel trailers or travel vehicle
parks or campgrounds and new residential type subdivisions and
condominimum associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall
be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle
will be allowed in the Floodway or Flood Fringe Districts
provided said trailer or vehicle and its contents are placed
on fill above the Regulatory Flood Protection Elevation and
proper elevated road access to the site exists in accordance
with Section 9.305.51 of this ordinance. No fill placed in the
floodway to meet the requirements of the Section shall
increase flood stages of the 100-year or regional flood.
(b) All new or replacement travel trailers or travel vehicles
not meeting the criteria of (a) above may, as an alternative,
be allowed as a Conditional Use if in accordance with the
following provisions and the provisions of 9.310.4 of the
ordinance. The applicant must submit an emergency plan for the
safe evacuation of all vehicles and people during the I00-year
flood. Said plan shall be prepared by a registered engineeer
or other qualified individual and shall demonstrate that
adequate time and personnel exist to carry out the evacuation.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 22
All attendant sewage and water facilities for new or
replacement travel trailer or other recreational vehicles must
be protected or constructed so as to not be impaired or
contaminated during times of flooding in accordance with
Section 9.308.3 of this ordinance.
ADMINISTRATION
9.310.1 Zoning Administrator. A Zoning Administrator or other
official designated by the City Council shall administer and
enforce this ordinance. If the Zoning Administrator finds a
violation of the provisions of this ordinance the Zoning
Administrator shall notify the person responsible for such
violation in accordance with the procedures stated in Section
9.312.0 of this ordinance.
9.310.2 Permit Required. A permit issued by the Zoning
Administrator in conformity with the provisions of this
ordinance shall be secured prior to the erection, addition, or
alternation of any building, structure, or portion thereof;
prior to the use or change of a building, structure, or land;
prior to the change or extension of a nonconforming use; and
prior to the placement of fill, excavation of materials, or
the storage of materials or equipment within the flood plain.
9.310.22 Application for Permit. Application for a permit
shall be made in duplicate to the Zoning Administrator on
forms furnished by the Zoning Administrator and shall include
the following where applicable: plans in duplicate drawn to
scale, showing the nature, location, dimension, and elevations
of the lot; existing or proposed structures, fill, or storage
of materials; and the location of the foregoing in relation to
the stream channel.
9.310.23 State and Federal Permits. Prior to granting a permit
or processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary State and Federal
permits.
9.310.24 Certificate of Zoning Compliance for New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or
permit the use or occupancy of any building or premises, or
part thereof hereafter created, erected, changed, converted,
altered, or enlarged in its use of structure until a
Certificate of Zoning Complaince shall have been issued by the
Zoning Administrator stating that the use of the building or
land conforms to the requirements of this ordinance.
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FEBRUARY 22, 1993
PAGE 23
9.310.25 Construction and Use to be as provided on
Application, Plans, Permits, Variances and Certificates of
Zoning Compliance. Permits, Conditional Use Permits or
Certificates of Zoning Compliance issued on the basis of
approved plans and applications authorize only the use,
arrangement and construction set forth in such approved plans
and applications and no other use, arrangement or
construction. Any use, arrangement or construction at variance
with that authorized shall be deemed a violation of this
ordinance, and punishable as provided by Section 9.312.0 of
this ordinance.
9.310.26 Certification. The applicant shall be required to
submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in
compliance with the provisions of the ordinance. Floodproofing
measures shall be certified by a registered professional
engineer or registered architect.
9.310.27 Record of First Floor Elevation. The Zoning
Administrator shall maintain a record of elevation of the
lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the flood
plain. The Zoning Administrator shall also maintain a record
of the elevation to which structures or alterations and
additions to structures are flood-proofed.
9.310.3 Board of Adjustment. The Planning Commiss'ion is the
Board of Adjustment.
9.310.31 Rules. The Board of Adjustment shall adopt rules for
the conduct of business and may exercise all of the powers
conferred on such Boards by State Law.
9.310.32 Administrative Review. The Board shall hear and
decide appeals where it is alleged.there is an error in any
order, requirement, decision, or determination made by an
administrative official in the enforcement or administration
of this ordinance.
9.310.33 Variances. The Board may authorize upon appea! in
specific cases such relief or variance from the terms of this
ordinance as will not be contrary to the public interest and
only for those circumstances such as hardship, practical
difficulties or circumstances unique to the property under
consideration, as provided for in the respective enabling
legislation for planning and zoning for cities or counties as
appropriate. In the granting of suchj variance, the Board of
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 24
Adjustment shall clearly identify in writing the specific
condition that existed consistent with the criteria specified
in the respective enabling legislation which justified the
granting of the variance. No variance shall have the effect of
allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the Regulatory
Flood Protection Elevation for the particular area, or permit
standards lower than those required by State Law.
9.310.34 Hearings. Upon filing with the Board of Adjustment of
an appeal from a decision of the Zoning Administrator, or an
application for a variance, the Board shall fix a reasonable
time for a hearing and give due notice to the parties in
interest as specified by law. The Board shall submit by mail
to the Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in advance so
that the Commissioner will receive at least ten days notice of
the hearing.
9.310.35 Decisions. The Board shall arrive at a decision on
such appeal or variance within a reasonable period of time. In
passing upon an appeal the Board may, so long as such action
is in conformity with the provisions of this ordinance,
reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Zoning
Administrator or other public official. It shall make its
decision in writing setting forth the findings of fact and the
reasons for its decision. In granting a variance, the Board
may prescribe appropriate conditions and safeguards such as
those specified in Section 9.310.46, which are in conformity
with the purposes of this ordinance. Violations of such
conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of
this ordinance punishable under Section 9.312.0. A copy of all
decisions granting variances shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10) days of such
action.
9.310.36 Appeals. Appeal to the City Council and District
Court - appeals from any decision of the Board may be taken by
any persons or persons jointly or severally aggrieved by any
decision of the Board of any taxpayer, officer, department,
board or bureau of the municipality to the City Council. The
decision of the City Council may be appealed to the District
Court of this jurisdiction as provided in Minnesota Statute
462.361.
9.310.37 Flood Insurance Notice and Record Keeping. The Zoning
Administrator shall notify an applicant for a variance that:
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FEBRUARY 22, 1993
PAGE 25
1) The issuance of a variance to construct a structure below
the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of
insurance coverage and 2) Such construction below the 100-year
or regional flood level increase risks to life and property.
Such notification shall be maintained with a record of all
variance actions, including justification for their issuance,
and report such variances issued in its annual or biennial
report submitted to the Administrator or the National Flood
Insurance Program.
9.310.4 Conditional Uses. The Board of Adjustmenet shall hear
and decide applications for conditional uses permissable under
this ordinance. Applications shall be sumitted to the Zoning
Administrator who shall forward the application to the Board
of Adjustment for consideration.
9.310.41 Hearings. Upon filing with the Board of Adjustment an
application for a Conditional Use Permit, the Board of
Adjustment shall submit by mail to the Commissioner of Natural
Resources a copy of the application for proposed Conditional
Use sufficiently in advance so that the Commissioner will
receive at least ten (10) days notice of the hearing.
9.310.42 Decisions. The Board of Adjustment shall arrive at a
decision on a Conditional Use within a reasonable period of
time. In granting a Conditional Use Permit, the Board of
Adjustment shall prescribe appropriate conditions and
safeguards, in addition to those specified in Section
9.310.46, which are in conformity with the purposes of this
ordinance. Violations of such conditions and safeguards, when
made a part of the terms under which the Conditional Use
Permit is granted, shall be deemed a violation of this
ordinance punishable under Section 9.312.0. A copy of all
decisions granting Conditional Use Permits shall be forwarded
by mail to the Commissioner of Natural Resources within ten
(10) days of such action.
9.310.421 The Board of Adjustment shall on conditional use
requests, make findings as to the conditions relating to the
request, description and severity of hardship and conditions
necessary to bring the development conditions relating to the
particular lot into an equitable position for carrying out the
spirit and intent of the ordinance and Comprehensive Plan. The
findings shall be transmitted to the City Council in
resolution form within 90 days after having been filed with
the City. The City Council shall make a determination within
60 days after receiving the resolution from the Board.
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FEBRUARY 22, 1993
PAGE 26
9.310.422 Reapplication after denial. No application for
conditional uses which has been denied wholly or in part shall
be resubmitted until the period of 6 months has passed from
the date of said decision by the City Council, except on
grounds of new evidence or proof of a change in conditions
submitted to and found acceptable by the chairman of the Board
of Adjustment.
9.310.423 Revocation. A violation of any condition set forth
in granting a Conditional Use shall be a violation of this
ordinance and automatically terminates the conditional use. A
conditional use granted shall become void within one year
unless utilitized to correct the situation as presented in
support of granting a conditional use unless extension is
applied for and granted by the City Council.
9.310.43 Procedures to be followed by the Board of Adjustment
in passing on Conditional Use Permit application within all
Flood Plain Districts.
(a) Require the applicant to furnish such of the following
information and additional information as deemed necessary by
the Board of Adjustment for determining the suitability of the
particular site for the proposed use:
(1) Plans in triplicate drawn to scale showing the
nature, location, dimensions and elevation of the lot,
existing or proposed structures, fill, storage of
materials, flood-proofing measures, and the relationship
of the above to the location of the stream channel.
(2) Specifications for building construction and
materials, flood-proofing, filling, dredging, grading,
channel improvement, storage of materials, water supply
and sanitary facilities.
(b) Transmit one copy of the information described in
subsection (1) to the designated engineer or other expert
person or agency for technical assistance, where necesary, in
evaluating the proposed project in relation to flood heights
and velocities, the seriousness of flood damage to the use,
the adequacy of the plans for protection, and other technical
matters.
(c) Based upon the technical evaluation of the designated
engineer or expert, the Board of Adjustment shall determine
the specific flood hazard at the site and evaluate the
suitability of the proposed use in relation to the flood
hazard.
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FEBRUARY 22, 1993
PAGE 27
9.310.44 Factors Upon Which the Decision of the Board of
Adjustment Shall be Based. In passing upon conditional use
applications, the Board of Adjustment shall consider all
relevant factors specified in other sections of this
ordinance, and:
(a) The danger to life and property due to increased flood
heights and velocities caused by encroachments.
(b) The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridge,
culverts or other hydraulic structures.
(c) The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination,
and unsanitary conditions.
(d) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the
individual owner.
(e) The importance of the services provided by the proposed
facility to the community.
(f) The requirements of
location.
the facility for a waterfront
(g) The availability of alternative locations not subject to
flooding for the proposed use.
(h) The compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
(i) The relationship of the proposed use to the comprehensive
plan and flood plan management program for the area.
(j) The safety of access to the property in times of flood for
ordinary and emergency vehicles.
(k) The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at the
'site.
(1) Such other factors which are relevant to the purposes of
this ordinance.
9.310.45 Time for Acting on Application. The Board of
Adjustment shall act on an application in the manner described
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FEBRUARY 22, 1993
PAGE 28
above within 120 days from receiving the application, except
that where additional information is required pursuant to
9.310.44 of this ordinance. The Board of Adjustment shall
render a written decision within 60 days from the receipt of
such additional information.
9.310.46 Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of
this ordinance, the Board of Adjustment shall attach such
conditions to the granting of Conditional Use Permits as it
deems necessary to fulfill the purposes of this ordinance.
Such conditions may include, but are not limited to, the
following:
(a) Modification
facilities.
of waste treatment and water supply
(b) Limitations on periods of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed
restrictions.
(d) Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
(e) Flood-proofing measures, in accordance with the State
Building Code and this ordinance. The applicant shall submit
a plan or document cerified by a registered professional
engineer or architect that the flood-proofing measures are
consistent with the Regulatory Flood Protection Elevation and
associated flood factors for the particular area.
9.310.47 The Board of Adjustment shall on conditional use
requests, make findings as to the conditions relating to the
request, description and severity of hardship and conditions
necessary to bring the development conditions relating to the
particular lot into an equitable position for carrying out the
spirit and intent of the ordinance and Comprehensive Plan. The
findings shall be transmitted to the City Council in
resolution form within 90 days after having filed with the
City. The City Council shall make a determination within 60
days after receiving the resolution from the Board.
9.310.48 Reapplication after denial. No application for a
conditional use which has been denied wholly or in part shall
be resubmitted until a period of 6 months has passed from the
date of said decision by the City Council, except on grounds
of new evidence or proof of a change in conditions submitted
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FEBRUARY 22, 1993
PAGE 29
to and found acceptable by the chairman of the Board of
Ad3ustment.
9.310.49 Revocation. A violation of any condition set forth in
grant{ng a conditional use shall be a violation of this
ordinance and automatically terminates the conditional use. A
conditional use Granted shall become void within one year
unless utilized to correct the situation as presented in
support of Granting a conditional use unless extension is
applied for and granted by the City Council.
NONCONFORMING USES
9.311.1A structure or the use of structure or premises which
was lawful before the passage or amendment of this ordinance
but which is not in conformity with the provisions of this
ordinance may be continued subject .to the following
conditions:
9.311.11 No such use shall be expanded, changed, enlarged, or
altered in a way which increases its nonconformity.
9.311.12 Any alteration or addition to a nonconforming
structure or nonconforming use which would result in
increasing the flood damage potential of that structure or use
shall be protected to the Regulatory Flood Protection
Elevation in accordance with any of the elevation fill or
flood-proofing techniques (i.e., FP-1 thru FP-4 flood-proofing
classifications) allowable in the State Building Code, except
as further restricted in 9.311.13 below.
9.311.13 The cost of any structural alterations or additions
to any nonconforming structure over the life of the structure
shall not exceed 50 percent of the market value of the
structure unless the conditions of this section are satisfied.
The cost of all of the community's initial flood plain
controls must be calculated into today's current cost which
will include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the
current cost of all previous and proposed alterations and
additions exceeds 50 percent of the current market value of
the structure, then the structure must meet the standards of
Section 9.304.0 or 9.305.0 of this ordinance for new
structures depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
9.311.14 If any nonconforming use is discontinued for 12
consecutive months, any future use of the building premises
shall conform to this ordinance. The assessor shall notify the
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FEBRUARY 22, 1993
PAGE 30
Zoning Administrator in writing of instances of nonconforming
uses which have been discontinued for a period of 12 months.
9.311.15 If any nonconforming use or structure is destroyed by
any means, including floods, to an extent of 50 percent or
more of its market value at the time of destruction, it shall
not be reconstructed except in conformity with the provisions
of this ordinance. The applicable provisions for establishing
new uses or new structures in Sections 9.304.0, 9.305.0 or
9.306.0 will apply dependng upon whether the use or structure
is in the Floodway, Flood Fringe or General Flood Plain
District, respectively.
9.311.16 Uses or adjuncts thereof which are or become
nuisances shall not be entitled to continue as nonconforming
uses.
9.311.17 Except as provided in 9.311.15, any use which has
been permitted as a conditional use shall not be considered as
a nonconforming use.
9.311.18 Nonconforming uses located in the Floodway District
shall be eliminated or brought into conformity with the
standards contained in this ordinance within a reasonable
period of time as determined by the City Council, after a
hearing for each such nonconforming use. The Board shall make
its determination upon the basis of the normal useful life of
any improvement upon the premises. In addition, the monetary
value of any competitive advantage derived by the operation of
such nonconforming use, by reason of the limitation on
establishment of competing businesses as a result of this
ordinance, shall be considered as a reduction of losses
resulting from the requirement or termination of the use under
this ordinance.
9.311.19 The Zoning Administrator shall prepare a list of
those nonconforming uses which have been floodproofed or
otherwise adequately' protected in conformity with Section
9.310.46. The Zoning Administrator shall present such list to
the City Council which may issue a certificate to the owner
stating that such uses, as a result of these corrective
measures, are in conformity with the provisions of this
ordinance.
PENALTIES FOR VIOLATION
9.312.1 Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including
violations of conditions and safeguards established in
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 31
connection with grants of variances or conditional uses) shall
constitute a misdemeanor and shall be punishable as defined by
law.
9.312.2 Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or
remedy any violation. Such action may include but are not
limited to:
9.312.21 In responding to a suspected ordinance violation, the
Zoning Administrator and City may utilize the full array of
enforcement actions available to it including but not limited
to prosecution and fines, injunctions, after-the-fact permits,
orders for corrective measures or a request to the National
Flood Insurance Program for denial of flood insurance
availability to the guilty party. The community must act in
good faith to enforce these official controls and to correct
ordinance violations to the extent possible so as not to
jeopardize its eligibility in the National Flood Insurance
Program.
9.312.22 When an ordinance violation is either discovered by
or brought to the attention of the Zoning Administrator, the
Zoning Administrator shall immediately investigate the
situation and document the nature and extent of the violation
of the official control. As soon as is reasonably possible
this information will be submitted to the appropriate
Department of Natural Resources and Federal Emergency
Management Agency Regional Office along with the Community's
plan of action to correct the violation to the degree
possible.
9.312.23 The Zoning Administrator shall notify the suspected
party of the requirements of this ordinance and all other
official controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is
under construction or development, the Zoning Administrator
may order the construction or development immediately halted
until a proper permit or approval is granted by the community.
If the construction or development is already completed, then
the Zoning Administrator may either (1) issue an order
identifying the corrective actions that must be made within a
specified time period to bring the use or structure into
compliance with the official controls, or (2) notify the
responsible party to apply for an after-the-fact
permit/development approval within a specified period of time
not to exceed 30 days.
9.312.24 If the responsible party does not appropriately
respond to the Zoning Administrator within the specified
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 32
period of time, the responsible party shall upon conviction
thereof be fined not more than $500.00 or imprisoned for not
more than 90 days, or both. Each additional day that lapses
shall constitute an additional violation of this ordinance and
shall be prosecuted accordingly. The Zoning Administrator
shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition
which existed prior to the violation of this ordinance.
AMENDMENTS
The flood plan designation on the official Zoning Map shall
not be removed from the flood plan areas unless it can be
shown that the designation is in error or that the area has
been filled to or above the elevation of the regional flood
and is contagious to lands outside the flood plain. Special
Resources if he determines that, through other measures, land
are adequately protected for the intended use.
Ail amendments to this ordinance, including amendments to the
Official Zoning Map, must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes
in the Official Zoning Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria
and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given 10 days
written notice of all hearings to consider an amendment to
this ordinance and said notice shall include a draft of the
ordinance amendment or technical study under consideration'.
Section 3': This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading: February 22, 1993
Motion by Peterson, second by Clerkin to schedule the second
reading of Ordinance No. 1261 for March 8, 1993. Roll call:
Ali ayes
First Reading of Ordinance No. 1260 Pertaining to Elected
Officials and Elections
Motion by Nawrocki, second by Peterson to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1260
BEING AN ORDINANCE REPEALING CHAPTER 2, ARTICLE I, SECTION 1,
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 33
SUBSECTION 4, OF THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO ELECTED OFFICIALS AND ELECTIONS
The City of Columbia Heights does ordain:
Section 1: Chapter 2, Article I, Section I, Subsection 4, of
the City Code of Columbia Heights which currently reads as
follows, to wit:
CHAPTER 2
ARTICLE 1
SECTION 1
2.101(4)
LEGISLATIVE PROCESS
ELECTED OFFICIALS
ELECTIONS
The Primary Election date shall be
after the second Monday in October.
is herewith amended to read as follows:
CHAPTER 2 LEGISLATIVE PROCESS
ARTICLE 1
SECTION 1
2.101(4)
the Tuesday
ELECTED OFFICIALS
ELECTIONS
The Primary Election date shall be held forty-two
days before the regular municipal election.
Motion by Nawrocki, second by Peterson to schedule the second
reading of Ordinance No. 1260 for March 8, 1993. Roll call:
All ayes
Resolution No. 93-10; Authorizing the Preparation of Plans and
Specifications and Advertising for Bids for the 52nd Avenue
Floodway and Clover Pond Diversion Project
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
RESOLUTION NO. 93-10
BEING A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND
First Reading: February 22, 1993
Section 2 This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 34
SPECIFICATIONS AND ADVERTISING FOR BIDS FOR THE 52ND AVENUE
FLOODWAY AND CLOVER POND DIVERSION PROJECT
WHEREAS, the Cities of Columbia Heights and Fridley in March,
1991, entered into a Joint Powers Agreement to address the
storm water improvements associated with the 52nd Avenue
Floodway and Clover Pond Diversion Project, and
WHEREAS, both cities agreed to retain the services of Maier
Stewart and Associates (MSA) to prepare preliminary plans for
the storm water improvements, and
WHEREAS, MSA had submitted a preliminary design report in
November, 1991, and
WHEREAS, MSA has revised their originals report and submitted
a proposal to complete the proposed 52nd Avenue Floodway and
Clover Pond Diversion Project at an estimated cost of
$I50,000, and
WHEREAS, the Cities of Columbia Heights and Fridley have
agreed to share equally in this project, and
WHEREAS, both City Councils reserve the right to award the
contract for construction after bids have been received,
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the
City of Columbia Heights, Anoka County, Minnesota, agree with
the concurrence of the City Council of Frid]ey, authorize the
preparation of final plans and specifications for the 52nd
Avenue Floodway and Clover Pond Diversion Project by MSA, and
BE IT FURTHER RESOLVED THAT, after review and approval of the
plans and specifications by the Directors of Public Works of
both cities, that MSA is authorized to seek bids based upon
the engineering plans and specifications, and
BE IT FURTHER RESOLVED THAT, upon receipt and opening of
sealed bids, both Councils will review the bids and shall give
their approval for the successful bidder and award of the
contract.
Dated this 22nd day of February, 1993.
Offered by:
Seconded by:
Roll call:
Peterson
Ruettimann
All ayes
Mayor Donald J. Murzyn, Jr.
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 35
RESOLUTION NO. 93-11; BEING A RESOLUTION APPOINTING A CITY
MANAGER FOR THE CITY OF COLUMBIA HEIGHTS
Motion by Clerkin, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
Councilmember Nawrocki advised he will not support passage of
the resolution. He feels the selection process was flawed in
that residents of the City were not afforded an opportunity
for input when the five finalists for the position of City
Manager was known. He had previously requested that the names
of the finalists be made available to the newspapers. He
stated that his position is no reflection on the finalist.
Councilmember Ruettimann noted that a public hearing had been
held to receive public input and that the retirement plans of
the current City Manager had been known for some time· He did
not feel the process was flawed.
Motion by Nawrocki to table this item to give people in the
community an opportunity to know the finalists being
considered for appointment and to check out the references
from people in the community from which the final candidate
comes. Motion dies for lack of a second.
Some members of the Council held the position that they were
elected to make this type of decision and that the lack of
public input suggests confidence in the Council.
RESOLUTION NO. 93-11
WHEREAS, the position of City Manager will become vacant on
April 1, 1993, due to the retirement of Stuart W. Anderson,
and
WHEREAS the City Council has, with the assistance of a
consultant, conducted an extensive 'search for candidates for
City Manager, and
WHEREAS, after a thorough process to select a finalist from
among a group endorsed by the consultant, the Council has
selected Patrick L. Hentges, and
WHEREAS, discussions with' Patrick L. Hentges have provided
mutually acceptable terms and conditions of employment:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Columbia Heights does hereby appoint Patrick L.
Hentges, City Manager of the City of Columbia Heights,
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 36
effective April 1, 1993; and, City Manager Designate no
earlier than March 8, 1993 nor later than March 22, 1993,
under the following terms and conditions of employment:
1. The City Manager shall be compensated at the annual rate of
$72,000. Upon compIetion of six months employment, the City
Council will provide a performance evaluation and once again
upon the completion of twelve months of employment. Subject to
satisfactory review, the Council may adjust the base salary
plus may grant a performance merit pay.
2. The City Manager shall receive a car allowance of $250 per
month.
3. The City Manager shall earn vacation, holidays and deferred
compensation as is authorized for other non-union essential
and confidential employees.
4. The City Manager shall receive $260 a month for 1993 for
use of insurance benefits and deferred compensation as is
authorized for all other non-union essential and confidential
employees.
5. The City Manager shall be granted an immediate thirty day
bank of sick leave. The City Manager shall earn one day per
month of sick leave against this bank and will not accumulate
an excess of thirty day until the entire initial bank has been
returned. The City Manager may draw against that sick leave
bank.
6. The City Manager is authorized, subject to budget and
Council approval, reasonable expenses for professional
development in the area of dues and subscriptions, attendance
at conferences and seminars, etc. These items include the
International City Management Association, the Minnesota
City/County Management Association, Metropolitan Area
Management Association and the League of Minnesota Cities.
7. The City shall pay up to $2,000 for expenses incurred by
the City Manager in connection with relocation of his
residence from Faribault, Minnesota, to Columbia Heights,
Minnesota.
8. In the event that the City ManaGer is discharged without
cause, he shall receive thirty days' advance notice and
severance pay based on the following schedule:
a. Within the first year of employment, five months
b. Within the second year of employment, four months
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 37
c. For every year thereafter, a minimum of three months
The City is under no obligation to pay this fee if the City
Manager voluntarily terminates his employment, or, if during
the time of payment, he finds other comparable employment.
Passed this 22nd day of February, 1993.
Offered by:
Seconded by:
Roll call:
Clerkin
Peterson
Clerkin, Ruettimann, Peterson, Murzyn - aye
Nawrocki - nay
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
COMMUNICATIONS
a. Appointments to Boards and Commissions
Motion by Nawrocki, second by Clerkin to concur in the Mayor's
appointment of Donald J. Murzyn, Jr. to the Housing and
Redevelopment Authority to complete the unexpired term of Jon
Pawluk for a term expiring in April 1993. Roll call: All ayes
Motion by Murzyn, second by Peterson to appoint Mary Hanson to
the Planning and Zoning Commission to fill the unexpired term
of Marilyn Deering for a term expiring in April 1994 and to
appoint Jim Fowler to the Planning and Zoning Commission to
fill the unexpired term of Joe Ryan for a term expiring in
April 1995.
Councilmember Nawrocki expressed concern with appointing
people to boards and commissions without first having
interviewed them. He recalled this had been the practice for
some time and questioned why it had been discontinued.
Councilmember Ruettimann agreed that interviews would be
appropriate and requested this item be added to the agenda for
a March work session.
Roll call: Clerkin, Ruettimann,
Nawrocki - abstain
Peterson, Mur2yn - aye
b. Temporary Sign Request
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 38
The owner of Jean's Furniture, 4110 Central Avenue, requested
approval for temporary signage at her business.
Councilmember Nawrocki observed that this owner had made a
similar request twice within the last five months. He inquired
how this type of signage is addressed in the sign ordinance.
The City Attorney responded that the sign ordinance is silent
on this matter and that frequency has been addressed in the
Council policies.
Motion by Peterson, second by Clerkin to approve the temporary
signage request for Jean's Central Furniture, 4110 Central
Avenue, for the dates of March 2 - 7, 1993 provided a $100
deposit is submitted to the License Clerk prior to the
installation of the temporary banner. Roll call: Clerkin,
Ruettimann, Peterson, - aye Nawrocki - nay Murzyn - abstain
c. Point of Sale Draft Ordinance
Councilmember Nawrocki received an ordinance drafted by the
Board of Realtors which addressed a point of sale inspection.
The City Manager advised a similar proposal had been brought
to the Council previously and he had received no indication of
interest. Three members of the Council requested this matter
be put back on a Council work session agenda.
d. Metropolitan Council Legislation
The Metropolitan Council has drafted a guide for development
of an 800 megahertz system. This is presently being served by
the 9-1-1 system. Councilmember Nawrocki requested additional
information on this matter.
The City Manager advised that two or three communities have
already moved up to the 800 system and it has been found there
is an inability to communicate along with other interferences.
The Metropolitan Council approach is being used to avoid
fragmentation.
8. OLD BUSINESS
a o
Contract with HRA fOr the City to Provide Accounting
Services
Motion by Nawrocki, second by Peterson to authorize the Mayor
and City Manager to enter into a contract with the Housing and
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 39
Redevelopment Authority to provide accounting services, with
a one time start-up fee of $1,500 and a monthly charge of
$1,100. Roll call: All ayes
b. Potential Public Works Projects
Referring to anticipated federal dollars, Councilmember
Nawrocki inquired if there was any thought given to potential
public works projects in the City. He was advised that if
there were any funding made available a list of potential
projects could be generated. The Public Works Director
mentioned there was no prioritizing of them done at this time.
NEW BUSINESS
a. HRA Application for HOME Proqram Funds
Motion by Ruettimann, second by Peterson to approve the
application by the Housing and Redevelopment Authority of
Columbia Heights for up to $70,000 from the Anoka County HOME
Program with the HRA authorized to apply for funds, receive
funds, and administer the program on behalf of the City of
Columbia Heights. Roll call: All ayes
b. Forfeiture Fund
Motion by Clerkin, second by Murzyn to authorize the
establishment of Fund #265 - Police Forfeiture Fund to be used
to account for all police forfeiture and seizure revenues and
expenses. Roll call: All ayes
c. Sale of Police Vehicle
Motion by Peterson, second by Murzyn to authorize the sale of
the wrecked 1992 Ford squad car to the highest bid salvage
value of $4,000 from Northern Automotive Salvage Company of
Minneapolis, and direct the funds be deposited in the City
self-insurance fund.
Councilmember Nawrocki inquired how many salvage bids were
received. He was advised there were three. He felt estimates
for repair should have been gotten. The motion was withdrawn.
Motion by Nawrocki, second by Clerkin to lay this matter over
for the purposes of obtaining two bids for repair of the car
so the Council could consider an alternative and how cost
effective this might be. Roll call: All ayes
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 40
d. Purchase of Police Vehicles
Motion by Peterson, second by Clerkin to table this matter
until the bids have been received for repair of the damaged
squad car. Roll call: Ali ayes
Councilmember Nawrocki requested additional information
regarding the number of squad cars needed, the trade-in policy
and the policy of purchasing the "top of the line" model squad
cars versus other models.
e. Joint Powers Agreement to Purchase Two Mobile Data
Terminals
Motion by Murzyn, second by Nawrocki to authorize the purchase
of two mobile data terminals at a cost not to exceed $8,500
plus applicable sales tax. Roll call: All ayes
Motion by Murzyn, second by Nawrocki to authorize the Mayor
and City Manager to enter into a joint powers agreement
authorizing Anoka County to act as the City's purchasing agent
for the purchase of two mobile data terminals. Roll call: All
ayes
f. Authorization to Seek Bids for Insurance Coveraqe
Motion by Nawrocki, second by Clerkin to authorize staff to do
formal request for quotations for liability and property
insurance coverage with the understanding that staff will
supply information to the City Council relative to the City's
claim experience, that being, a comparison of self insurance
versus the bids received. Roll call: All ayes
g. Authorization to Seek Quotes for Inspection of water
Tower
Motion by Peterson, second by Ruettimann to authorize staff to
seek quotes for inspection of the interior of the water tower.
Roll call: All ayes
10. REPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and
the following items were discussed:
REGULAR COUNCIL MEETING
FEBRUARY 22, 1993
PAGE 41
1. Legislation Relating to Police Relief Association: The
City Manager advised that this legislation would allow
for longevity to be included in the definition of "top
pay."
2. Council Work Sessions: Council work sessions were
scheduled for March 1, 1993 at 6:30 p.m. and March 15,
1993 at 7:00 p.m.
3. Added Services for Refuse Hauler: The City's refuse
hauler has indicated a willingness to include other
materials in its pick-ups than those noted in the
contract. This will be confirmed by staff.
4. Pay Equity Plan: The City Manager advised that the
City's pay equity plan has been determined to be out of
compliance. He will inform the Council as to its options
in this matter.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Ruettimann, second by Peterson to adjourn the
meeting at 10:15 p.m. Roll call: All ayes
~6-Anne Student, Council Secretary