HomeMy WebLinkAboutApr 24, 1978OFFICIAL PROCEEDINGS
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COLUMBIA HEIGHTS, MINNESOTA
APRIL 24, 1978
The meeting was called to order at 8:03 p.m.
Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki present
INVOCATION
The invocation was given by Reverend McEachern of Oak Hill Baptist Church.
MINUTES OF PREVIOUS MEETINGS
Motion by Heintz, seconded by Hentges, that the minutes of the April 10
regular meeting and the April 17 public hearing be approved as submitted
in writing and reading be dispensed with.
Roll Call: All Ayes
PAYMENT OF BILLS
Motion by Norberg, seconded by Hentges, to defer consideration of payment of
bills until later in the meeting.
Roll Call: All Ayes
ORAL PETITIONS
Mrs. Bradehoft, 3817 Central Avenue, stated that because of the size of their
lot, she and her husband have no place to park their cars off street and have
received courtesy tickets from the Police Department for parking on Central.
Discussion followed on the parking problem in the City. Councilman Logacz
stated he thought some form of exception should be made in this case to allow
the Bradehofts to park on Central Avenue in front of their home.
Motion by Hentges, seconded by Norberg, to defer this matter to the City Manager
for reviewal.
Roll Call: All Ayes
SECOND READING OF ORDINANCE 867
Motion by Heintz, seconded by Logacz, that reading of ordinance 867 regarding
Recreation and Community Services Commission be waived because ample copies
were available to the public.
Roll Call: All Ayes
Councilman Heintz questioned if the right to select a Recreation Director should
be taken away from the Recreation Commission. Mayor Nawrocki emphasized that the
April 24, 1978
Page 2
Council and the School District will consider the recommendations of the
Recreation Commission and will, more or less, be confirming the Recreation
Commission's recommendation. Discussion followed on the Council's power
over the Recreation Commission and some language changes in the ordinance.
Motion by Heintz to strike from the ordinance section 3.311(4), first sentence
of the second paragraph, dealing with the Council's power to select the
Recreation Director.
Motion dies for lack of a second.
Councilman Norberg stated he is concerned about the entire ordinance because
it doesn't afford the Council enough control and he will vote against it.
Mayor Nawrocki called attention to some inconsistencies in the wording of
section 3.311(4) in the first paragraph. The City Attorney read the paragraph
with proposed changes in the wording.
Motion by Norberg, seconded by Hentges, to table further consideration of
ordinance 867 until later in the meeting.
Roll Call: All Ayes
FIRST READING OF ORDINANCE 886
Motion by Hentges, seconded by Norberg, that the reading of the ordinance
regarding flood insurance be dispensed with as sufficient copies were available
to the public.
Roll Call: All Ayes
ORDINANCE NO. 886
BEING AN ORDINANCE A~SNDING ORDtN.&NCE NO. 853,
CITY CODE OF 1977, Passed June 21, 1977, ESTABLISH-
lNG FLOOD PLAIN K&NAGEMENT
The City Council of the City of Columbia Heights Does Ordain:
Section l:
Chapter 9, Land Use, Article III, Flood Plain Management, currently
reserved, of Ordinance No. 853, City Code of 1977, passed June 21,
1977, is amended to read as follows:
"SECTION 1
9.3o~ (1)
9.301 (2)
FINDINGS OF FACT, METHODS, ~N'D PURPOSE
The flood hazard areas of the City are subject to periodic inundation which
results ~n potential loss of life, loss of property, health and safety
hazards, disruption of con~erce 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 gen-
eral welfare.
Methods used to analyze flood hazards - this Article is based upon a rea-
sonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
April 24, 1978
Page 3
9.301 (3)
SECTION 2
9.302 (1)
9.302 (2)
9. 302 (3)
Statement of Purpose - it is the purpose of this Article to promote the
public health, safety, and general welfare and to minimize those losses
described in 9.301 (1) by provisions contained herein.
GENERAL PROVISIONS
Lands to Which Ordinance Applies - this Ordinance shall apply to all lands
within the City shown on the Official Zoning Map as being located within
the boundaries of the Floodway, Flood Fringe, or General Flood Plain Dis-
tricts.
Establishment of Official Zoning Map - The Official Zoning Map together
with all explanatory materials thereon, and attached thereto is hereby
adopted by reference and declared to be a part of this Ordinance. The ex-
planatory material shall include the Flood Insurance Study for the City pre-
pared by the Federal Insurance Administration dated ,
and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps
therein. The Official Zoning Map shall be on file in the Office of the
City Clerk.
Regulatory Flood Protection Elevation - The Regulatory Flood Protection Ele-
vation shall be an elevation no lower than one foot above the elevation of
the regional flood plus any increases in flood elevation caused by encroach-
ments on the flood plain.
9.302 (4)
(a)
The regulatory flood protection elevation within the Floodway and
Flood Fringe Districts shall be established by adding one foot to
the Base Flood Water Surface Elevations With Floodway listed in
the Floodway Data Table contained in the Flood Insurance Study.
Regulatory flood protection elevations between cross-sections
shall be interpolated.
(b)
The regulatory flood protection elevation within the General Flood
Plain District shall be calculated by a qualified registered pro-
fessional engineer in accordance with procedures in 9.310(4)(f).
Interpretation:
(a) 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 Statutes.
(b)
The boundaries of the zoning districts shall be determined by scaling
distances 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, the
Board of Adjustment shall make the necessary interpretation based on
elevations on the regional (lO0-year) flood profile, subject to appeal
to the City Council in the manner provided for conditional uses. The
person contesting the location of the district boundary shall be
given a reasonable opportunity to present his case to the Board and
to submit technical evidence if he so desires.
April 24, 1978
Page 4
9. 302 (5)
9.302 (6)
9. 302 (7)
9. 302 (8)
Compliance - No structure or land shall hereafter be used and no structure
shall be located, extended, converted, or structurally altered without full
compliance with the terms of this Ordinance and otber applicable regula-
tions which apply to uses within the jurisdiction of this Ordinance.
Abrogation and Greater Restrictions - It is not intended by this Article
to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Article imposes greater restrictions,
the provisions of this Article shall prevail. All other Ordinances incon-
sistent with this Article are hereby repealed to the extent of the incon-
sistency only.
Warning and Disclaimer of Liability - This Article 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 em-
ployee thereof for any flood damages that result from reliance on this
Article or any administrative decision ]awfully made thereunder.
Deflinitions - Unless specifically defined below, words or phrases used
in this Article shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this Article its most rea-
sonable application:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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.
Flood - a temporary rise in stream flow or stage that results in
inundation of the areas adjacent to the channel.
Kiood Frequency - the average frequency, statistically determined,
for which it is expected that a specific flood state or dis-
charge may be equal]ed or exceeded.
Flood Fringe - that portion of the flood plain outside of the flood-
way. Flood fringe is synonymous with the term floodway fringe
used in the Flood Insurance Study.
Flood Plain - the areas adjoining a watercourse which have been or
hereafter may be covered by the regional flood.
Flood Proofing - a combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding
primarily for the reduction or elimination of flood damages.
Floodway - the channel of the watercourse and those portions of the
adjoining flood plans which are reasonably required to carry
and discharge the r~%Jonal flood.
April 24, 1978
Page 5
(h)
(i)
(J)
(k)
Obstruction - any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel rectification, culvert,
building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel, water-
course, or regulatory flood hazard area 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, or
that is placed where the flow of water might carry the same
downstream to the damage of life or property.
Reach - a hydraulic engineering term to describe a longitudinal seg-
ment of a stream or river influenced by a natural or manmade
obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typi-
cally constitute a reach.
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.
Structure - anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, fac-
tories, sheds, cabins, mobile homes, and other similar items.
SECTION 3
9.303 (1)
9.303 (2)
9.303 (3)
9. 303 (4)
SECTION 4
9.304 (1)
ESTABLISHMENT OF ZONING DISTRICTS
The flood plain areas within the jurisdiction of this Ordinance are hereby
divided into three Districts: Floodway District (FW), Flood Fringe Dis-
trict (FF), and General Flood Plain District (GFP).
Floodway District - The Floodway District shall include those areas
designated as floodway in the Flood Insurance Study.
Flood Fringe District - The Flood Fringe District shall include those
areas designated as floodway fringe in the Flood Insurance Study.
General Flood Plain District - The General Flood Plain District shall
include those areas designated as unnumbered A Zones by the Flood In-
surance Rate Map.
The boundaries of these districts shall be shown on the Official Zoning
Map. Within these districts all uses not allowed as permitted uses or
permissable as conditional uses are prohibited.
FLOODWAY DISTRICT
Permitted Uses - the following uses have a low flood damage potential and
do not obstruct flood flows. These uses shall be permitted within the
Floodway District to the extent that they are not prohibited by any other
Ordinance and provided they do not require structures, fill, or storage
of materials, or equipment. In addition, no use shall adversely affect
the capacity of the channels or floodways or any tributary to the main
stream or of any drainage ditch, or any other drainage facility or system.
April 24, 1978
Page 6
9.304 (2)
9. 304 (3)
(a)
Agricultural uses such as general farming, pasture, grazing, out-
door plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
(b)
Industrial-Commercial uses such as loading areas, parking areas,
and airport landing strips.
(c)
Private and public recreational uses such as golf courses, tennis
courts, driving ranges, arcbery ranges, picnic grounds, boat launch-
ing ramps, swi,~ing areas, parks, wildlife and nature preserves,
game far,ns, fish hatcheries, shooting preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, and hiking and horse-
back riding trails.
(d)
Residential uses such as lawns, gardens, parking areas, and play
areas.
Conditional Uses - The following open space uses require accessory struc-
tures (temporary or permanent), or fill or storage of materials or equip-
ment. These uses may be permitted in the Floodway District only after the
issuance of a Conditional Use Permit as provided in 9.310(4) of this Ordi-
nance. These uses are also subject to the provisions of 9.304(3) which
applies to all floodway Conditional Uses.
(al) Structures accessory to open space;
(b) Placement of fill;
(c) Extraction of sand, grave] and other materials;
(d)
Marinas, boat rentals, docks, piers, wharves, and water
control structures;
(el)
Railroads, streets, bridges, utility transmission lines
and pipelines;
(f) Storage yards for equipment, machinery or materials;
(g)
Other uses similar in nature to uses described in 9.304(1) and
9.304(2) which are consistent with the provisions set out in
9.301 and 9.304.
Standards for Floodway Conditional Uses:
(a)
All Uses - no structure (temporary or permanent), fill
(including fill for roads and levees), deposit, obstruction,
storage of materials, or equipment, or other uses may be al-
lowed as Conditional Uses which, acting alone or in combina-
tion with existing or reasonably anticipated future uses, ad-
versely affects the capacity of the floodway or increases
flood heights. In addition, all floodway Conditional Uses shall
be subject to the standards contained in 9.310(4)(h) and the
following standards (9.304(3)(b) - 9.304(3)(f)).
April 24, 1978
Page 7
(b)
(c)
(d)
(e)
Fill
(i)
Any fill deposited in the floodway shall be no more than the
minimal amount necessary to conduct a Conditional Use listed
in 9.304(2). Generally fill shall be limited to that needed-
to grade or landscape for that use and shall not in any way
further obstruct the flow of flood waters.
(ii)
Spoil from dredging or sand and gravel operations shall not
be deposited in the floodway unless it can be done in accord-
ance with (i) of this section.
(iii) Fill shall be protected from erosion by vegetative cover.
Accessory Structures (temporary or permanent) permitted as
Conditional Uses by 9.304(2)(a):
(i) Accessory structures shall not be designed for human habi-
tation;
(ii) Accessory structures shall have a low flood damage potential;
(iii) Accessory structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum obstruc-
tion to the flow of flood waters. Whenever possible, struc-
tures shall be constructed with the longitudinal axis parallel
to the direction of flood flow, and, so far as practicable,
structures shall be placed approximately on the same flood
flow lines as those of adjoining structures;
(iv) Accessory structures shall be flood proofed in accordance
with the State Building Code.
Storage of materials and equipment:
(i)
The storage of processing of materials that are in time
of flooding buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life is prohibited.
(ii)
Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
after flood warning.
Structural work for flood control - Structural works for flood con-
trol such as dams, levees, dikes, and floodwalls shall be allowed
only upon issuance of a Conditional Use Permit. In addition, any
proposed work in the beds of public waters which will change the
course, current, or cross-section of the waters shall be subject to
the provisions of Minnesota Statutes 1976, c. 105, and other appli-
cable statutes.
April 24, 1978
Pgae 8
SECTION 5
9.~o5 (1)
9.305 (2)
FLOOD FRINGE DISTRICT (FF)
Permitted Uses - the following uses shall be permitted uses within the
Flood Fringe District to the extent that they are not prohibited by any
other Ordinance:
(a) Any use permitted in 9.304(1);
(b)
Accessory structures provided they comply with the provision of
9.304(3)(c) of this Ordinance;
(c)
Residence and other structures constructed on fill so that the
basement floor or first floor, if there is no basement, is at or
above the regulatory flood protection elevation. The finished
fill elevation shall be no lower than one (1) foot below the regu-
latory flood protection elevation and shall extend at such eleva-
tion at least fifteen (15) feet beyond the limits of any structure
or building erected thereon. Fill shall be compacted and the
slopes shall be protected by rip rap or vegetative covering.
No use shall be permitted which will adversely affect the capacity of
channels or floodways of any tributary to the main stream, or of any
drainage ditch, or any other drainage facility or system.
Conditional Uses -otber uses are permitted only upon application to the
Zoning Administrator and the issuance of a Conditional Use Permit as pro-
vided in 9.310(4) of th~s Ordinance and subject to the following provi-
sions:
9.305 (3)
(a)
Residences - where existing streets, utilities and small lot sizes
preclude the use of fill, other methods of elevating the first
floor (including basements) above the regulatory, flood protection
elevation may be authorized provided that the residence is flood
proofed in accordance with the State Building Code.
(b)
Other Structures - commercial, manufacturing and industrial struc-
tures shall ordinarily be elevated on fill so that their first
floor (including basement) is above the regulatory flood protection
elevation but may in special circumstances be flood proofed in ac-
cordance with the State Building Code. Structures that are not
elevated to above the regulatory flood protection elevation shall
be flood proofed to FP-1 or FP-2 classification as defined by the
State BuS]ding Code. Structures flood proofed to FP-3 or FP-4
classification shall not be pe~itted.
Standards for Flood Fringe Uses:
(a)
Residential Uses - residences that do not have vehicular access at
or above an elevation not more than two feet below the regulatory
flood protection elevation shall not be permitted unless granted a
variance by the Board of Adjustment. In granting a variance the
Board shall specify ]imitations on the period of use or occupancy
of the residence.
April 24, 1978
Page 9
SECTION 6
9. 306 (1)
9. 306 (2)
(b)
(c)
Commercial Uses - accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the Regu-
latory Flood Protection Elevation. However, a permit for such
facilities to be used by the general public shall not be granted,
in the absence of a flood warning system that provides adequate
time for evacuation if the area is inundated to a depth greater than
two feet or subject to flood velocities greater than four feet per
second upon the occurrence of the regional flood.
Manufacturing and Industrial Uses - measures shall be taken to
minimize interference with normal plant operations especially for
streams having protracted flood durations. Certain accessory land
uses such as yards and parking lots may. be at lower elevations sub-
ject to requirements set out in 9.305(2) above. In considering per-
mit applications, due consideration shall be given to needs of an
industry whose business requires that it be located in flood plain
areas.
GENERAL FLOOD PLAIN DISTRICT
Permitted Uses - permitted uses shall include those uses permitted by
9.304(1) of this Ordinance.
Conditional Uses - all other uses are Conditional Uses and are permitted
only upon the issuance of a special permit as provided in 9.310(4). The
General Flood Plain District includes both floodway and flood fringe
areas. Based on procedures in 9.310(4)(f), the City Council shall deter-
mine whether the proposed use is in the floodway or flood fringe. If it
is determined that the use lies in the floodway, the provisions of 9.304
of this Ordinance shall apply. If it is determined the proposed use lies
in the flood fringe, the provisions of 9.305 of this Ordinance shall
apply.
SECTION 7
9.3O7
SUBDIVISIONS
No land shall be subdivided which is beld unsuitable by the City Council
for reason of flooding, inadequate drainage, or inadequate water supply
or sewage treatment facilities. Ail lots within the flood plain dis-
tricts shall contain a building site at or above the regulatory flood
protection elevation. All subdivisions shall have water and sewage dis-
posal facilities that comply with the provisions of this Ordinance and
have road access no lower than two feet below the regulatory flood pro-
tection elevation. In the General Flood Plain District, applicants
shall provide the information required in 9.310(4)(f) and the subdivision
shall be evaluated in accordance with procedures therein. Ail subdivi-
sions are additionally subject to the provisions of 9.401, et seq., of
this Code.
SECTION 8
9.308 (1)
PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
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.
April 24, 1978
Page l0
9.308 (2)
Railroads, Roads and Bridges - railroad tracks, roads and bridges to be
located within the floodway shall comply with 9.304(3)(a) and 9.304(3)(b)
of this Article. In all flood plain districts, elevation to the regula-
tory flood protection e]evation shall be provided where failure or in-
terruption of these transportation facilities would result in danger to
the public health or safety or where such facilities are essential to
the orderly Yunctioning of the area. Minor or auxiliary roads or rail-
roads may be constructed at a lower elevation where failure or interrup-
tion of service would not endanger the public health or safety.
SECTION 9
9.309 (1)
9.309 (2)
9.309 (3)
MOBILE HOMES ~ND MOBILE HOME PARKS
New mobile home parks and expansions to existing mobile home parks shall
be subject to the provisions placed on subdivisions by 9.307.
Mobile bomes in existing mobile home parks that are located in flood
plain districts may be replaced only if in compliance with the follow-
ing conditions:
(a) The mobile home lies in the Flood Fringe District;
(b)
The mobile home is anchored with tiedowns that comply with
requirements of Minnesota Regulations MoH 450;
(c)
The mobile home owner or renter is notified that the mobile
home site lies in the flood plain and may be subject to flood-
ing;
(d)
The mobile home park o~mer develops a flood emergency plan con-
sistent with the time available after a flood warning.
Individual mobile homes not located in mobile home parks may be per-
mitted if allowed by other applicable ordinances and if they comply
with the provisions of 9.305(1)(b).
SECTION 10
9.31o
9.310 (2)
ADMINISTRATION
Zoning Administration - the Zoning Administrator shall administer and en-
force this Ordinance. If he finds a violation of the provisions of this
Ordinance, he shall notify the person responsible for such violation, indi-
cating the nature of the violation, and ordering the action necessary to
correct it.
Use Permit:
(a)
Use Permit Required - a use permit issued by the Zoning Admin-
istrator in conformity with the provisions of this Ordinance
shall be secured prior to the erection, addition, or alteration
of any building, structure, or portion thereof; prior to the
use or change of use of a building, structure, or land; prior
to the change or extension of a nonconforming use; and prior to
the placement of fill or excavation of materials within the flood
plain.
April 24, 1978
Page 11
9. 310 (3)
(b)
(c)
(d)
Application for Use Permit - application for a use permit shall be
made in duplicate to the Zoning Administrator on forms furnished
by him and shall include the following where applicable: plans
in duplicate drawn to scale, showing the nature, location, dimen-
sions, and elevations of the lot; existing or proposed structures,
fill, or storage of materials; and the location of the foregoing in
relation to the channel.
State and Federal Permits - prior to granting a use permit or pro-
cessing 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.
Certificate of Zoning Compliance for New, Altered or Nonconforming
Uses - it shall be unlawful to use, occupy or permit the use or
occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted, or wholly or partly
altered or enlarged in its use or structure until a Certificate of
Zoning Compliance shall have been issued therefore by the Zoning
Administrator stating that the use of the building or land conforms
to the requirements of this Ordinance. Where a nonconforming use or
structure is extended or substantially altered, the Certificate of
Zoning Compliance shall specifically state the manner in which the
nonconforming structure or use differs from the provisions of this
Ordinance.
(e) Construction and Use to be as Provided in Applications, Plans, Per-
mits and Certificates of Zoning Compliance - use permits, Condi-
tional 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 author-
ized shall be deemed violation of this Ordinance, and punishable as
provided by 9.313. The applicant shall be required to submit cer-
tification by a registered professional engineer, registered archi-
tect, or registered land surveyor that the finished fill and build-
ing elevations were accomplished in compliance with the provisions
of this Ordinance. Flood proofing measures shall be certified by
a registered professional engineer or registered architect.
(f) Record of First Floor Elevation - the Zoning Administrator shall
maintain a record of the elevation of the first floor (including
basement) of all new structures or additions to existing structures
in the flood plain districts. He shall also maintain a record of
the elevations to which structures or additions to structures are
flood proofed.
Board of Adjustment - the Planning Commission is the Board of Adjustment.
(a)
Rules - the Board of Adjustment shall adopt rules for the con-
duct of business and may exercise all of the powers conferred on
such Boards by State law.
(b)
Administrative Review - the Board shall hear and decide appeals
where it is alleged there is error in any order, requirement, de-
cision, or determination made by an administrative official in
the enforcement or administration of this Ordinance.
April 24, 1978
Page 12
9.3io (4)
(c)
Variances - it may reco~r~end upon appeal in specific cases such
variance from the terms of this Ordinance as will not be contrary
to the public interest, where owing to special conditions as literal
enforcement of the provisions of the Ordinance will result in
unnecessary hardship so that the spirit of the Ordinance shall be
observed and substantial justice done. 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.
(d)
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 not~ce to the parties in interest. The Board shall submit
to the Commissioner of Natural Resources a copy of the application
for proposed variances sufficiently in advance so that the Commis-
sioner will receive at least ten days' notice of the hearing.
(e)
Decisions - the Board shall arrive at a decision on such appeal or
variance within a reasonable period of time. In passing upon an ap-
peal 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 appealed from
and it shall make its decision in writing setting forth the findings
of fact and the reasons for its decisions. In granting a variance,
the Board may prescribe appropriate conditions and safeguards such as
those specified in 9.310(4)(j), which are in conformity with the pur-
poses 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 9.313.
A copy of all decisions granting a variance shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of such action.
(f)
Appeal to the City Council and District Court - appeals from any de-
cision of the Board may be taken by any person or persons jointly
or severally aggrieved by any decision of the Board or 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 Sta-
tute 462.361.
Conditional Uses - the Board of Adjustment shall hear and decide applica-
tions for Conditional Uses permissable under this Ordinance. Applications
shall be submitted to the Zoning Administrator who shall foz-ward the appli-
cation to the Board of Adjustment for consideration.
(a)
Hearings - upon filing with the Board of Adjustment of an application
for a Conditional Use Per~.it, the Board of Adjustment shall submit to
the Co~nissioner of Natural Resources a copy of the application for
proposed Conditional Uses sufficiently in advance so that the Commis-
sioner will receive at least ten days' notice of the hearing.
April 24, 1978
Page 13
(b) 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 may prescribe appro-
priate conditions and safeguards, in addition to those specified in
9.310(4)(j), which are in conformity with the purposes of this Ordi-
nance. 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 9.313.
A copy of all decisions granting Conditional Use Permits shall be for-
warded to the Commissioner of Natural Resources within ten (10) days
of such action.
(c) 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 condi-
tions 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 reso-
lution form within 90 days after having been filed with the City.
The City Council shall make a determination within 60 days after re-
ceiving the resolution from the Board.
(d) 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 to and found acceptable by the chairman of the Board of Ad-
justment.
(e) Revocation - a violation of any condition set forth in granting a Con-
ditional 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 pre-
sented in support of granting a Conditional Use unless extension is ap-
plied for and granted by the City Council.
(f) Procedures for Evaluating Proposed Conditional Uses Within the Gen-
eral Flood Plain District - upon receipt of an application for a
Conditional Use Permit for a use within the General Flood Plain Dis-
trict, the applicant shall be required to furnish such of the follow-
ing information as is deemed necessary by the Board of Adjustment for
the determination of the regulatory flood protection elevation and
whether the proposed use is the floodway or the flood fringe.
(i) 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.
(ii) 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 vege-
tation upstream and downstream; and soil type.
(iii) Profile showing the slope of the bottom of the channel or
flow line of the stream for at least 500 feet in either di-
rection from the proposed development.
April 24, 1978
Page 14
(g)
(h)
One copy of the above information shall be transmitted to a ~esignated
engineer or other expert person or agency for technical assistance in
determining whetber the proposed use is in the floodway or flood fringe
and to determine the regulatory flood protection elevation. Procedures
consistent with Minnesota Regolations NR 86-87 shall be fo]lowed in
this expert evaluation. The designated engineer or expert shall:
(i) Estimate the peak discharge of the regional flood.
(ii)
Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
(iii) Compute the floodway necessary to convey the regional flood
without increasing flood stages more than 0.5 feet. An equal
degree of encroachment on both sides of the stream within the
reach shall be assumed.
Based upon the technical evaluation of the designated engineer or ex-
pert, the Board of Adjustment shall ~etermine whether the proposed use
is in the floodway or flood fringe and the regulatory flood protection
elevation at the site.
Procedures to be Followed by the Board of Adjustment in Passing on
Conditional Use Permit Applications Within All Flood Plain Districts -
The applicant shall furnish such of the following information and addi-
tional information as deemed necessary by the Board of Adjustment for
determining the suitability of the particular site for the proposed
use:
(i)
Plans in triplicate drawn to scale showing the nature, loca-
tion, dimensions, and elevation of the lot, existing or pro-
posed structures, fill, storage of materials, floodproofing
measures, and the relationship of the above to the location of
the channel.
(ii)
Specifications for building construction and materials, flood-
proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
The applicant shall transmit one copy of the information described in
this subsection to a designated engineer or other expert person or
agency for technical assistance, where necessary 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.
Based upon the technical evaluation of the designated engineer or ex-
pert, 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.
Factors Upon ~ich the Decision of the Board of Adjustment Shall Be
Based - in passing upon Conditional Use applications, tbe Board of
Adjustment shall consider all relevant factors specified in otber sec-
tions of this Ordinance, and:
(i)
The danger to life arid property due to increased flood heights
or velocities caused by encroachments;
April 24, 1978
Page 15
(i)
(J)
(ii) The danger that materials may be swept onto other lands or down-
stream to the injury of others;
(iii) The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsani-
tary conditions.
(iv) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the indi-
vidual owner;
(v) The importance of the services provided by the proposed faci-
lity to the community;
(vi) The requirements of the facility for a waterfront location;
(vii) The availability of alternative locations not subject to flood-
ing for the proposed use;
(viii) The compatibility of the proposed use with existing develop-
ment and development anticipated in the foreseeable future;
(ix) The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area;
(x) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(xi) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site;
(xii) Such other factors which are relevant to the purposes of this
Ordinance.
Time for Acting on Application - the Board of Adjustment shall act
on an application in the manner above described within 120 days from
receiving the application, except that where additional information
is required pursuant to 9.310(4)(f) and 9.310(4)(g) of this Ordinance.
The Board of Adjustment shall render a written decision within 60 days
from the receipt of such information.
Conditions Attached to Conditional Use Permits - upon consideration
of the factors listed above and the purposes of this Ordinance, the
Board of Adjustment may 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:
(i) Modification of waste disposal and water supply facilities;
(ii) Limitations on period of use, occupancy, and operation;
April 24, 1978
Page 16
(i)
(m)
(iii) Imposition of operational controls, sureties, and deed res-
trictions;
(iv) Requirements for construction of channel modifications, dikes,
levees, and other protective measures;
(v)
Flood proofing measures, in accordance with the State Building
Code. The applicant shall submit a plan or document certified
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.
The Board of Adjustment shall on Conditional Use requests, make find-
ings as to the conditions relating to the request, description and
severity of hardship and conditions necessary to bring the develop-
ment conditions relating to the particular lot into an equitable posi-
tion for carrying out the spirit and intent of the Ordinance and Com-
prehensive 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 re-
ceiving the resolution from the Board.
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 to and found acceptable by the chairman of the
Board of Adjustment.
Revocation - a violation of any condition set forth in granting a Con-
ditional Use shall be a violation of this Ordinance and automatically
terminates the Conditional Use. A Conditional Use granted shall be-
come void within one year unless utilized to correct the situation as
presented in support of granting the Conditional Use unless extension
is applied for and granted by the City Council.
SECTION 11
9.3ii (i)
NON CON FOP~M ING USES
A structure or the use of a 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 fol-
lowing conditions:
(a) No such use shall be expanded, changed, enlarged, or altered in a
way which ~ncreases its nonconformity.
(b)
No structural alteration or addition to any nonconforming structure
over the life of the structure shall exceed fifty percent of its
value at the time of its becoming a nonconforming use, unless the
structure is permanently changed to a conforming use or unless the
alteration or addition would substantially reduce potential flood
damages for the entire structure.
April 24, 1978
Page 17
(c) Any alteration or addition to any nonconforming use which would re-
sult in substantially increasing its flood damage potential shall
be protected in accordance with 9.310(j)(v) of this Ordinance.
(d) If such use is discontinued for 12 cohsecutive months, any future use
of the building premises shall conform to this Ordinance. The asses-
sor shall notify the Zoning Administrator in writing of instances of
nonconforming uses which have been discontinued for a period of 12
months.
(e) If any nonconforming use is destroyed by any means, including floods,
to an extent of fifty percent or more of its assessed value, it shall
not be reconstructed except in conformity with the provisions of this
Ordinance. However, the City Council may issue a Conditional Use Per-
mit for reconstruction if the use is located outside the floodway,
and, upon reconstruction, is adequately floodproofed, elevated, or
otherwise protected in conformity with 9.310(4)(j).
(f) Uses or adjuncts thereof which are or become nuisances shall not be
entitled to continue as nonconforming uses.
(g) Except as provided in 9.311(1)(e), any use which has been permitted
as a Conditional Use shall not be considered as a nonconforming use.
(h) Nonconforming uses located in the Floodway District shall be eliminated
or brought into conformity with the standards contained in this Ordi-
nance 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 competative advantage derived by the operation of such noncon-
forming use, by reason of the limitation on establishment of competing
businesses as a result of this Ordinance, shall be considered as a re-
duction of losses resulting from the requirement of termination of the
use under this Ordinance.
(i) The Zoning Administrator shall prepare a list of those nonconforming
uses which have been floodproofed or otherwise adequately protected
in conformity with 9.310(4)(j). He 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.
SECTION 12
9.312
AMENDMENTS
The flood plain designation on the Official Zoning Map shall not be removed
from the flood plain areas unless it can be shown that designation is in
error or that the area has been filled to at or above the elevation of the
regional flood and is contiguous to lands outside the flood plain. Special
exceptions to this rule may be permitted by the Commissioner of Natural Re-
sources if he determines that, through other measures, lands are adequately
protected for the intended use.
April 24, 1978
Page 18
Ail amendments to this Ordinance, including amendments to the Official Zon-
ing Map must be submitted to and approved by the Com~issioner of Natural
Resources prior to adoption. Changes in the Official Zoning Map also re-
quire prior approval by the Federal Insurance Administration.
SECTION 13
9.313
PENALTIES FOR VIOLATION
Violation of the provisions of this Ordinance or failure to comply with
any of its requirements (including violations of conditions and safe-
guards established in connection with grants of variances or Conditional
Uses) shall constitute a misdemeanor. Any person, firm, corporation or
voluntary association who violates this Ordinance or fails to comply with
any of its requirements shall upon conviction thereof be fined not more
than $500.00 or imprisoned for not more than 90 days, or both. Each day
such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation."
Section 2. This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
RESOLUTION REGARDING DOWNTOWN DEVFLO?fiENT
City Manager Bocwinski stated the resolution is to endorse an offer for
exclusive negotiations between the HRA and the Columbia Heights Development
Consortium.
Re~olution 78-12 was read by the Council Secretary.
Offered by: Heintz
Seconded by: Hentges
Discussion followed on whether the letter of agreement dated April 18 gave the
HRA the right to negotiate with property owners. Mayor Nawrocki stated that
the Council doesn't want to authorize anybody to start making agreements
regarding the purchase of property. Discussion followed on possible rewording
of the agreement. Councilman Norberg stated he didn't want people to feel
they would be condemned out of their homes.
Roger Jensen, Assistant HRA Director, stated the HRA's intentions in the matter.
City Attorney Kalina suggested alternative wording for section b of the letter
of agreement and #1 of the resolution be adopted.
Amended RESOLUTION 78-12
ENDORSING AN OFFER FOR EXCLUSIVE NEGOTIATIONS BETWEEN
THE HOUSING AND REDEVELOPMENT AUTHORITY AND THE
COLUMBIA HEIGHTS DEVELOPMENT CONSORTIUM
April 24, 1978
Page 19
WHEREAS, it has been the intent and desire of the City of Columbia Heights
to improve conditions in the "Central Business District" of the
community, and
WHEREAS, the Housing and Redevelopment Authority and the Downtown Development
Council have prepared a plan for a revitalization program in the Central
Business District, said plan being formally adopted by the City Council at
a public hearing on August 3, 1977, and
WHEREAS, The Columbia Heights Development Consortium, a joint venture between
the Landmark Development Corporation and Northeast Securities Corporation,
has submitted an offer to the Housing and Redevelopment Authority to
negotiate exclusively as the primary developer within that area designated
and approved as the Development District under the provisions of Minnesota
Statute 462.521, and,
WHEREAS, The Housing and Redevelopment Authority, after review and consideration
of said "offer", at a special meeting on April 18, 1978, approved the offer by
their Resolution 78-17, contingent upon approval by the Downtown Development
Council and the City Council; (a copy of said resolution is attached and made
reference to herein), and,
WHEREAS, the 'loffer" was duly reviewed and approved by the Downtown Development
Council at their regular meeting on April 19, 1978, by Resolution 78-1, finding
that the offer is consistent with the goals and objectives of the approved
"Revitalization Plan," (a copy of which is attached and made reference to
herein) and,
WHEREAS, the City Council has been apprised of the actions by the Authority
and the Downtown Development Council and have reviewed the "offer".
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Columbia
Heights, Minnesota, that
The actions by the Housing and Redevelopment Authority and Downtown
Development Council approving an offer for exclusive negotiations between
the HRA and the Columbia Heights Development Consortium, is hereby
endorsed. Provided, the said endorsement is conditioned upon a change
in item (b), Page two, letter of 18 April 1978, Columbia Heights Development
Consortium to Mr. Dean S. Otterson, to replace the present language with
the following: Proceed to seek information from property owners concerning
likely acquisition costs should the properties be intended for subsequent
acquisition.
2. The City Manager is hereby directed to inform the Housing and Redevelopment
Authority and Downtown Development Council of this action taken herein.
Passed this 24th day of April, 1978
Roll Call: All Ayes
April 24, 1978
Page 20
ARBOR DAY
Councilman Hentges reported that the Council was invited to a tree planting
being sponsored by the Jaycees on April 29 at 12:00 noon at Huset Park. The
Jaycees received $2,000 from the H. B. Fuller Company for the trees for this
project. The Mayor noted that the Company had donated $250 to the Recreation
Commission for a summer camp program for the retarded, as well as money to
the senior citizen high rise for a public address system. Councilman Logacz
stated that he hoped this idea of planting trees would catch on with all the
citizens of Columbia Heights.
OLD BUSINESS:
1. Request to purchase City-Owned Property
City Manager Bocwinski reported that Mr. Roger Hegna has asked to purchase a
14' strip of City-owned land in order to construct a garage next to his home.
The City Manager explained the two methods the City could use to convey the
land to Mr. Hegna.
Motion by Hentges, seconded by Logacz, that the City Manager be authorized to
seek an appraisal of the property and that the City Attorney be authorized to
prepare the necessary reconveyance documents for the signature of the Mayor
and City Manager.
Councilman Norberg asked if the City of the State will end up with the money
from the sale of the land. The City Attorney answered that the County would
receive the money.
Roll Call: All Ayes
2. Reappointments to Boards and Commissions
The City Manager reported that this is a reminder to the Council that there are
several reappointments to be made to various Boards and Commissions. Mayor
Nawrocki announced that two of the reappointments are to be made by the Mayor
subject to Council approval and they are Ruth Welch to the HRA and Ken Nygaard
to the Police and Fire Civil Service Commission.
Motion by Hentges, seconded by Logacz, to concur in these two appointments.
Councilman Norberg suggested holding off on the appointment of Ruth Welch to the
HRA pending resolution of the current controversy over low income rental housing.
The Mayor stated his complete faith in Mrs. Welch's abilities and concern for
Columbia Heights.
Motion by Norberg to table the question.
Motion dies for lack of a second.
Roll Call on motion to concur: Logacz, Heintz, Hentges, Nawrocki
Norberg Nay
Aye
April 24, 1978
Page 21
Motion by Logacz, seconded by Heintz, that the following reappointments be made:
Bradley Tatting, Human Services Commission
Ruth Miller, Library Board
John Pappas, Merit Commission
Gordon Schelde, Park Board
John Davitt, Traffic Commission
Robert Nelson, Planning and Zoning Commission
Roll Call: All Ayes
Councilman Logacz stated that there is a vacancy on the Recreation Commission
and requested an appointment be made. Councilman Heintz requested the Sun
reporter to publish another article asking interested residents to apply to
the City. The Mayor noted that the article should also include applications
for the Human Services Commission which also has openings.
PRESENTATION OF CERTIFICATE OF APPRECIATION
Mayor Nawrocki presented Stu Anderson, Police Chief, with a certificate of
appreciation in recognition of the outstanding job he did as Interim City Manager.
RECESS: 9:54 p.m.
RECONVENE: 10:15 p.m.
OLD BUSINESS (continued):
3. Huset Park Tennis Courts
City Manager Bocwinski asked the Council to take formal action to authorize
$16,150 of revenue sharing account monies to be used as the City's share of the
cost of the tennis court construction at Huset Park.
Motion by Heintz, seconded by Hentges, that $16,150 be authorized for expenditure
for the tennis court construction, monies to come from the federal revenue
sharing account.
Roll Call: All Ayes
4. City Hall Remodeling
The City Manager presented a plan for the new construction and the remodeling of
the present City Hall, Council Chambers, Mayor's office, and the police area.
Bob Diedrich, architect, reviewed some additional items which required the Council's
approval. Discussion followed on the electrical wiring which had been installed
several years ago.
Motion by Heintz, seconded by Norberg, that the five change orders be approved and
that the Mayor and City Manager be authorized to enter into agreement with the
contractor for same.
Roll Call: All Ayes
April 24, 1978
Page 22
Bob Diedrich reported that the contractor has been keeping pace well in spite
of the rain. Complete closure should be by the end of May. He is hoping for
completion by the first of August.
The City Manager distributed copies of a statement indicating the monies availabl~
for use, the costs already incurred, and the proposed work yet to be awarded.
Discussion followed on the funding. The Mayor suggested taking additional
required money out of the unallocated general fund surplus. Discussion was held
on where the money should come from.
Motion by Hentges, seconded by Heintz, that $101,000 of the general fund
unailocated surplus be designated for the City Hall expansion project.
Roll Call: All Ayes
The City Manager stated that he had received a letter from the Court Administrator
setting forth the needs of the Court for space in the addition. The judges
feel their request for space is not to be negotiated. They are recommending
that the City yield space in the Mayorls office or the secretary's office.
Mayor I~awrocki commented that the Council took an action at the last meeting.
He stated he had talked with a County Commissioner during the recess and the
Commissioner will pursue the matter with the Court Administrator. The Mayor
recommended leaving the matter as it is for now.
The City Manager reported on the space needs of the City staff. Councilman
Norberg stated that he is in favor of keeping another meeting room. Discussion
followed on proposed plan changes.
Motion by Heintz, seconded by Logacz, to authorize the City Manager to prepare
plans and specs for remodeling work in the City Hall office area.
Roll Call: Logacz, Heintz, Nawrocki - Aye
Norberg, Hentges - Nay
Motion carries
MIDLAND
The City Manager stated that the City has received the DNR permit to dredge
Sullivan Lake. Blueprints were presented to the Council for their reviewal.
Discussion followed on Midland's requirement for fill. The City Manager asked
for and received permission to submit the dredging plan to the PCA for their
approval.
LICENSE REQUEST
Mrs. Jon Niemi was present to request off-sale, on-sale, cigarette, and restaurant
licenses for her establishment, "Mother Tuckers". She stated she applied and paid
for these licenses two weeks ago, but that Stu Anderson, Police Chief, had
recommended that the licenses be denied. She presented a letter she had received
April 24, 1978
Page 23
from Mr. Anderson that afternoon stating his reasons for the recommendation.
The Mayor asked if she needed more time to prepare a response to the letter.
She replied that she did not and presented the Council with a petition signed
by 50 business people in support of her license request. The City Attorney
stated that Mrs. Niemi could request a public hearing if the license requests
were denied. She could then present evidence as to what type of establishment
she would be running and has run and the Police Chief could present the
evidence supporting his recommendation. The Mayor noted that management
capability is in question.
Motion by Hentges, seconded by Logacz, to grant the licenses to "Mother
Tuckers" upon payment of proper fees.
Roll Call: Logacz, Hentges - Aye
Heintz, Norberg, Nawrocki - Nay
Motion fails.
NEW BUSINESS:
1. Bids
Ao
Cheery Heights and Columbia Court - The City Manager stated that George
Brown, City Engineer, recommends the bid be awarded to White Construction
Company.
Motion by Hentges, seconded by Heintz, that White Construction Company be
awarded the bids for Columbia Court and Cheery Heights improvements based
on the low competitive bid of $262,987.80, and that the Mayor and City
Manager be authorized to enter into contract for same, contingent upon
receiving a signed contract from the School Board agreeing to pay for
the work, and upon state aid approval.
Roll Call: All Ayes
Bo
Fire Hydrants - The City Manager reported that he had a memo from Don
Jolly recommending awarding the bid for eight hydrants to Waterous
Company at $492.95 each for a total of $3,943.60. Discussion followed
on the specs for the hydrants.
Motion by Hentges, seconded by Logacz, that the City Manager be authorized
to spend up to $3,943.60 for eight Waterous WB 59 hydrants at $492.95
each based on low competitive quotations.
Roll Call: All Ayes
Co
Castings for Sewer Department - The City Manager reported that the Sewer
and Water Superintendent's recommendation is to award the bid for castings
to Neenah Foundry and New Ulm Foundry for the items listed.
Motion by Norberg, seconded by Logacz, that the award to Neenah and New Ulm
Foundries and Ess Bros. and Sons, Inc. be approved as listed and that the
Mayor and City Manager be authorized to enter into contract for castings
for the Sewer Department based on low competitive bids, not to exceed
$2,428.00.
Roll Call: All Ayes
April 24, 1978
Page 24
Guard Rail Posts Motion by Heintz, seconded by Norberg, that the
Mayor and City Manager be authorized to enter into contract with G. M.
Stewart for ]30 guard rail posts for the Park Department, total amount
not to exceed $],648.40 based on iow competitive informal bid.
Roll Call: All Ayes
2. Schools and Conferences
Motion by Logacz, seconded by Heintz, to authorize attendance of Val Popowski
at the A.W.W.A. Conference June 25 to 30 and that expenses be authorized.
Roll Call: All Ayes
Councilman Norberg suggested the Council and City Attorney attend the Noise
Pollution Conference in May. No action of the Council was needed.
3. Discontinuation of PERA for CETA Personnel
The City Manager reported that in 1978 the !egislature adopted an amendment stating
that CETA funds shall not be used to pay for a PERA retirement program. Fie recommends
that the Council adopt a motion to accomplish this.
Motion by Norberg, seconded by Hentges, that the City of Columbia Heights no
longer provide Public Employment Retirement Association coverage for CETA
temporary employees and that such employees be given the option of either
requesting a refund of accumulated employee contributions or allowing the
previously accumulated funds to remain in the plan.
Discussion followed on the options of the employees. Mayor Nawrocki explained
his views on the CETA program and what the intentions of the program were.
Roll Call: All Ayes
Mayor Nawrocki noted that it was now 2:10 a.m. and there were still several
items on the agenda. He declared the meeting recessed until after the public
hearing on April 25.
Br'O-~ G. Nawrocki, Mayor
Secret:a ry