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HomeMy WebLinkAboutMay 24, 1982 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 24, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. I. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor William Otte. 3. Minutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the City Council meeting of May 10th and the Board of Trustees Relief Association meeting of May llth, as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. 0ral Petitions There were no oral petitions at this time. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.999 Being an ordinance amending Ordinance No.853, City Code of 1977, and pertaining to other nuisance characteristics Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes This ordinance had been reviewed by the Science, Technology and Energy Commission. Stephen Karn, Chairman of the Commission, addressed that section of the ordinance that spoke to noise. The Mayor inquired of the City Attorney and Police Chief if this ordinance, as amended, was enforceable and would stand up in court. He was advised it would. There was some discussion of that sectiqn pf the ordinance that addressed air circulating devices. Councilman Norberg said that there were other sources of sound that the Commission would like to research. ORDINANCE NO. 999 BEING AN ORDINANCE AMENDING ORDINANCE N0.853, CITY CODE OF 1977, AND PERTAINING TO OTHER NUISANCE CHARACTERISTICS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.117(9) of Ordinance No.853, City Code of 1977, passed dune 21, 1977, which reads as follows, to-wit: "9.117(9) Other Nuisance Characteristics No noise, odors, vibration, smoke, air pollution or dangerous wastes shall that are offensive or dangerous to the public health and safety. The following are hereby established as the governing limits in the determination of offensive nuisance characteristics: (a) Noise be crea ted Regular Council Meeting May 24, 1982 page 2 I) Maximum governing noise limitations measured at property line: OCTAVE BANDS SOUND LEVELS IN OEClBELS CENTERED ON Resldential Oistrlct Non-Residential 63 H ~ 59 70 125 M 25O 1000 H ~ 40 55 2000 H 4000 M ~ 33 48 8OOO ii) References The following documents shall govern definitions, methods and other matters relating to sound and noise; said documents, copies of which are on file in the office of the City Clerk, are herein incorporated by reference end made a part hereof: 1) American Natlonal Standards Institute ANSI SI.! Ac~ustlc terminology ANSI S1.4 Specifications of general purpose sound level meters ANSI S1.5 Preferred frequencies for acoustical measurements ANSI S1.8 Reference quantities for acoustical levels ANSI S1.13 Methods for measurement of sound pressure levels 21 Environmental Protection Agency EPA Levels Document-Sound levels requisite to protect the publlc health and welfare In the environment. ~1 International Standard Organization ISO/R 1999-1966 Zone Resident ial Comme rc ia l Industrial At all other times: Resident ia1 Comme r c i a 1 Industrial iii) As a method of screening for probable non-compliance the following levels ere est- ablished as primary levels, the exceeding of which shall be clted as in vlolatlon of this Ordinance, and requiring abatement: Outing the hours of 7:00 A.M. and 10:00 P.M. Average Sound Level 55 dBA 65 dBA 75 dBA 45 dBA 50 dBA 70 dBA All measurements to be made at the lot line with an ANSI Sl.4-Type 2 meter or better, set for slow damping and a-weighted response and used according to ANSI standard Si.I] methods. iv) If the sound measured is impulslve, staccato, or contains prominent pure tones, as defined and measured according to ANSI Standards and the EPA levels document, the levels of (c) above shall be lowered in all cased by 5 decibels, a-weighted, and those above, by 5 decibels in each octave band. .(b) Odors: (Measured at the property line) Table Ill (Odor Thresholds) in Chapter "Air Pollution Manual" copy-right 1951 by Manufacturing Chemists Association Inc. Washington, D.C. ' .(c) Vibration: Any vibration discernable to the human sense of feeling for three (3) minutes or more duration in any one hour and any vibration producing an acceleratlon of more than o. lg., or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletln "Quarry Blasting" on any structure. Regular Council Meeting May 24, 1982 page 3 (d) Smoke: Any emission of vlslble smoke of a shade equal to or greater than No.2 on the Ringlemann Smoke Chart, as published by the U.$.Bureau of Mines, except that visible grey smoke of a shade darker than No. 2 on said chart may be emitted for not more than two minutes in any 30 minute period. (el Air Pollutlon: (Fly ash, dust, fumes, vapors, gasses, etc.) No emission which can cause any damage to health, animals, or vegetation or other forms of property or which can cause any excessive soiling at any point, end In no event any emission of any solid or Ilquld particles in concentratlons exceeding 0.85 lbs. per I,O00 lbs. of gasses shall be permitted. Measurement to be made et any convenient point along the stack. In the Case of fuel burning equipment an adjustment of the gasses to 12 per- cent C02 content will be made. In no case shall more than 15 percent of the total dust measured before entering the dust collecting device be emitted into the atmosphere." Is herewith amended to read as .follows: 9.117(9) Other Nuisance Characteristics No noise, odors, vibration, smoke, air pollution or dangerous wastes shall be created that are offensive or dangerous to the public health end safety. The following are hereby established as the governing limits In the determination of offensive nuisance characteristics: (al Noise (1) Definitions i) General Words and phrases defined in this section have, when used In.this ordinance, the meanings given below. Any other word or phrase used in this ordinance, end defined in regulatlons of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-I and NPC-~, has the meaning given in those regulations. Ii) Air clrculation device means a mechanism designed end used for the controlled flow of air used in ventilatlon, tholing, or conditioning, including, but not Ilmited to, central and window air conditioning units. " iii) LIO means the sound level, expressed in decibels (dBA) which is exceeded IO percent of the time for a one-hour period, as measured by a sound level meter having character- Istics as specified in the latest standards, Sl.4, of the American National Standards Institute Iv) L~O means the sound level slmilarly expressed end measured which is exceeded 50 per- cent of the time for a one-hour period. v) Person means an individual, firm, partnership, corporation, trustee, association, the state and Its agencies and subdivisions, or any body of persons ~hether Incorporated or not. With respect to acts prohibited or required herein, "person" shall Include employ- ees and licensees, vi) Stationary means not moving. (2) Maximum Noise Levels at Point of Reception No person shall operate or cause or permit to be operated, any source of noise as to create a noise level exceeding the limit specified below for the receiving zoning district category when measured at or within the property line of the receiving land use. DAY (7:00am-lO:OOpm) NIGHT (lO:OOpm-7:OOam) Zoning Districts LIO LSO LIO L50 Residentlal 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 (3) Maximum Noise Levels for Stationary Sources of Noise No person shall operate or cause to be operated any of the following enumerated stat- Ionary sources of nolse in excess of the limits specified below when measured et the property line of the property upon which the source of noise is located: Regular Council Meeting May 24, 1982 page 4 Air Clrculatlon Devices DAY (7:00am-lO:OOpm) NIGHT (IO:OOpm-7:OOam) Zoning Districts Residential 60 50 Commercial 65 65 Industrial 75 75 (4) Measurement Procedure All noise measurement to be made with an ANSI SI.4 Type 2 meter or better, set for slow damping and a-weighted response and used according to ANSI standard S1.13 methods. (bi Odors: (Measured at the property line) Table Ill (Odor Thresholds) in Chapter "Air Pollution Manual" copy-right 1951 by Naaufacturlng Chemists Association, Inc. Washington, D.C. (c) Vibration: Any vibration discernable to the human sense of feeling for three (3) minutes or more duration in any one hour and any vibration producing an acceleration of more than 0.1g., or shall result In any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Nines, Bulletin "Quarry Biastlng" on any structure. (d) Smoke: Any emissicn of visible smoke of a shade equal to or greater than No.2 on the Rlnglemann Smoke Chart, as published by the U.S. Bureau of Nines, except that visible grey smoke of a shade darker than No.2 on said chart may be emitted for riot more than two minutes in any 30 minute period. (el Air Pollution: (Fly ash, dust, fumes, vapors, gasses, etc.) No e~lsslon which can cause any damage to health, anlmals, or vegetation or other forms of property or which can cause any excessive soiling at any point, and in no event any emlsslon of any solid or liquld particles In concentrations exceeding 0.85 lbs. per I,OO0 lbs. of gasses shall be permitted. Measurement to be made at any convenient point along the stack. In the case of fuel burnlng equipment an adjustment of the gasses of 12 per- cent C02 content will be made. In no case shall more than 15 percent of the total dust measured before entering the dust collecting device be emitted into the atmosphere. 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: May 10, 1982 May 24, 1982 May 24, 1982 Offered By: Norberg Seconded By: Hovland Roll Call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 'Motion by Norberg, second by Petkoff to grant the request of Stephen Karn for the Science, Technology and Energy Commission to investigate Ordinance No.999 and make further recommendations as it sees fit. Roll call: All ayes b. First Reading of Ordinance No.lO02 Being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to Cable Communications Commission Regular Council Meeting May 24, 1982 page 5 Ordinance No. lO02 establishes the makeup, the term, and the charge of the Cable Communications Commission. Much discussion was had regarding the terms of the members, ex-officio members and length of time each member shall serve. Also, discussed was the community access channels. Suggested changes in the ordinance were made and the City Attorney was instructed to incorporate these changes in the ordinance for the second reading which is scheduled for June 14th. Motion by Petkoff, second by Hentges to waive the reading of the ordinance, as amended, there being ample copies available to the public. Roll call: All ayes OP~DINANCE NO. 1002 BEING A~ OP~DINANCE AffORDING OI~DIIU~NCE NO. 853, CItY CODE OF 1977, PERTAINING TO C~BLE ~OMMUNIC~TIONS COMMISSION Section 1: Section 11.119 of Ordinance No. 853, City ~ode of 1977, passed June 21, 1977 which is currently reserved, shall hereafter read as follows, to-wit: 11.119(1) A Columbia Heights/Hilltop Cable Communications ~o~,~ission is hereby established which shall consist of seve~ (7) members to be organized as follows: (A) Six (6) members shall be appointed by the Columbia Heights City Council and one (1) member shall be appointed by the Hilltop City Council. ~he si~ (6) members appointed by the Columbia Heights City Council'shall be residents of Columbia Heights and shall include one (1) Columbia Heights Councilperson. A majority of Commission members shall constitute a quorum. (B) Each member of the Com~ission shall serve for a term of two (2) years except that the Columbia Heights Councilperson shall serve at the pleasure of the Council. The first two (2) members appointed by the Columbia Heights City Council shall serve a term to expire the 1st of April after passage of this ordinance. ~he second three (3) members appointed by the Columbia Heights City Council shall serve a term to expire the second April after passage of this ordinance. ~he sixth member appointed by the Columbia Heights City Council shall be a Councilperson who shall serve at the pleasure of the Columbia Heights City Council. The member appointed by the City of Hilltop shall serve a two year term as directed by the Hilltop City Council. (~) The Columbia Heights City Manager or a person designated by him shall be an ex-officio member of the Commission. The Hilltop City Council may direct that the Hilltop City Clerk shall serve as an ex-officio member of the Commission. (D) If a seat on the Co~mission becomes vacant before the term of said seat has expired, it shall be filled by appointment by the municipality formerly represented. (E) The Co~ission shall elect a chairperson from among its membership. Regular Council Meeting May 24, 1982 page 6 (F) The Commission shall establish a monthly meeting date and conduct business of the Commission as prescribed hereinafter. A meeting agenda shall be sent to Commission members at least two days prior to the meeting date. 11.119(2) The Commission shall serve in an advisory capacity to the Council and the administrative service of the City. The duties and responsibilities of the Commission shall be as follows: (A) Study, investigate and make written recommendations to the City Council on all matters pertaining to the Columbia Heights/Hilltop Cable Communications Franchise on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: (1) Additional services which could be furnished by the Cable Communications System. (2) Rate increases requested by the Grantee. (3) Actions of Grantee which may be grounds for revocation of the Franchise. (4) Grantee's performance regarding subscriber complaints and interruption of service. (5) Operation and use of access channels. (6) Renewal or extension of the Franchise. (7) Channel allocation and programming. (8) Compliance of Grantee with terms and conditions of Franchise. (9) Possible sanctions against Grantee. (B) Prepare and submit an annual report to the City assessing the Grantee's per- formance according to the terms of the franchise and make written recommendations to the City. (C) Prepare an annual report concerning the Cable System. (D) Three months prior to the fifth year of operation and every five years there- after, the Commission shall submit a report to the City, which report shall include a written appraisal of the performance of the Grantee over the entire length of the franchise with regard to the provisions of the franchise. The report shall include recommendations for revised or additional provisions of the franchise, considering at least the following items: channel capacity, channels for access, cable casting; facilities and staff assistance available for access cable casting: two-way capability, and the need for further service to be extended within the franchise area based upon a reassessment of the communications needs of the City in relation to the services generally offered by the cable industry. 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: Offered by: Seconded by: May 24, 1982 Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Regular Council Meeting May 24, 1982 page 7 6. Communications a. Insurance Committee 1. Renewal of Insurance Policy Covering 1954 GMC 51-Passenger Bus Motion by Hentges, second by Hovland to renew the insurance policy through National Indemnity Insurance Company in the amount of $1,253 per year for the 1954 GMC bus. Roll call: All ayes 2. Renewal of Insurance Policy for Umbrella Policy The Insurance Committee is recommending that this policy be renewed for one year effective 6-9-82 through 6-8-83. The premium for this policy was not available at this time but it was expected to be less than last year. Motion by Norberg, second by Hovland to renew an umbrella insurance policy in an amount not to exceed last year's premium through National Indemnity Insurance Com- pany for one year. Roll call: All ayes b. Resident Survey Re: Alley Improvements The Council received a copy of a survey of residents located between 37th and 38th Avenues, Madison Place to Fifth Street. This survey expressed the interest of 68% of the resident owners in this area For the Council to consider improvements to their alley. Councilman Norberg felt cost estimates should be gotten for these people followed by another survey regarding their opinions based on cost. Councilman Hentges felt there was sufficient interest shown in this improvement that the Council should establish a public hearing date at this time. Motion by Norberg, second by Hovland to authorize the City Manager to proceed with preparation of a preliminary design for alley improvements to the alley located between 37th and 38th Avenues, Madison Place to Fifth Street; and, furthermore, that the City Manager report back to the Council with estimates of assessment costs prior to establishing a public hearing date. Roll call: Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--nay 7. Old and New Business a. Old Business I. Storm Drainage-4Oth Avenue & McKinley Street The problem with water in the area of 40th Avenue and McKinley Street had been the subject of discussion at previous meetings. The Public Works Department had been requested to prepare alternative solutions for the drainage problem. Fred Salsbury, City Engineer, suggested exploring the least costly solution and discussed some of the other alternatives that could be considered. Motion by Petkoff, second by Norberg to authorize the City Manager to prepare addit- ional information on possibilities of handling storm water in the area of 4Otb Ave- nue and McKinley Street on a surface drainage basis and report back to the City Council. Roll call: All ayes 2. Language for Sign(s) At a previous Council meeting authorization had been given for the placement of an effective number of signs in front of the residence at 4120 Washington Street. The City Manager had been directed to author appropriate language for these signs and to return with this to the Council. His suggestion is as follows: "Church Visitors Please Use Church Parking Lot." This language was acceptable to all members of the Council. Councilman Norberg felt some control over this type of request should be established, perhaps by making slgnage assessable. The City Attorney advised the Council that signs were not assessable. It was determined that any requests of this nature in the future would be judged on their own merit. Regular Council Meeting May 24, 1982 page 8 3. Residency Requirements of Members of Boards and Commissions Councilman Norberg had requested that the City Manager review the place of residence of members of boards and commissions that serve the City. The Mayor informed the Council that this has been done. The City Attorney was asked to check out the resid- ency of one member of the Traffic Commission who lives in the School District. b. New Business 1. Replatting of Columbia Junior High Property A representative of School District #13 and the president of Northwestern Electronics Institute were in attendance at the meeting. The City Manager gave the details of what this replatting request concerns. By ordinance a replatting request must go before the City Engineer for investigation and recommendation and then the Engine- ering Department must refer it to the Planning & Zoning Commission. Initially, it was thought this action was a subdivision request, not a request for replattlng. The City Attorney defined what was necessary for a subdivision versus a re- platting and he noted that the lots in question were all platted lots. Discussion followed regarding the timetable for the public hearings and reviewal by the Eng- ineering Department. Councilman Norberg inquired what kind of problems the Engine- ering Department would encounter with the shortness of time for preparing recom- mendations. The City Engineer said he will attempt to accommodate the timetable of this project. Motion by Hentges, second by Nawrocki that this replatting request be forwarded to the Engineering Department as required by City Code; to the Traffic Commission, and that the Traffic Commission hold a public hearing; to the Planning & Zoning Commission, and that the Planning & Zoning Commission hold a public hearing; and that all recom- mendations be returned to the City Council. The City Attorney suggested that the Park Board should also review the request. Councilman Hovland inquired if a joint public hearing could be held by both the Traffic Commission and the Planning & Zoning Commission. He was advised that these two bodies would have to establish that. Roll call: All ayes 2. Permission to Consume Non-Intoxicating Malt Liquor at Huset Park Motion by Petkoff, second by Hentges to grant permission to Honeywell, Inc. to possess and consume non-intoxicating malt liquor in conjunction with an employee picnic to be held June 1st (weather permitting) or June 2nd, from 3:00 pm to 8:00 pm. Roll call: All ayes RECESS: 10:35 pm RECONVENE: 10:45 pm 3. M.T.C. Lease Bus Agreement The City Manager spoke to two items of this agreement. The City would have to supply tires for this vehicle and if the color of the bus were changed it would need to be repainted before being returned to the M.T.C. Motion by Petkoff, second by Norberg to authorize the Mayor and City Manager to execute a lease agreement with the Metropolitan Transit Commission for the lease of one 1963 GMC 40' bus. Roll call: All ayes 4. Establish Meeting Dates a. Joint meeting with School Board, Recreation and Community Services Commission, and City Council--Monday, June 7, 1982 at 7:30 pm. b. Work Session--Tuesday, May 25, 1982 directly after Board of Review. 5. Group W (Teleprompter) Request Re: Variance of Underground Installation Motion by Hentges, second by Petkoff to authorize the City Manager to execute a Regular Council Meeting May 24, ]982 page 9 a variance with Group W Cable (Teleprompter) authorizing a variance of underground installation in the alleyway located between Mill Street, however, that If power lines are placed underground in the future, Group W shall then install underground lines at the same time and the poles be removed, This action was recommended by the Cable TV Commission, Roll call: All ayes 6. Seminars and Conferences Motion by Hentges, second by Petkoff to authorize the attendance of up to five members of the Columbia Heights/Hilltop Cable Advisory Committee at the National Federation of Local Programmers Conference to be held July 8-10 in St. Paul, Mn. and the funds to be taken from the Mayor/Council budget. Councilman Norberg questioned the validity of members of this committee attending a conference on local programming. There was discussion regarding the attendance of one or more members of the Council at this conference. It was suggested that anyone interested in attending can express their intention at the next regular Council meeting. Roll ca)l: Hovland, Petkoff, Mentges, Nawrocki--aye Norberg--nay 7. Watermain Repair at Central and 37th Avenues Motion by Norberg, second by Petkoff to authorize the expenditure of funds for the rental of one backhoe at the rate of $50 per hour and one pavement breaker at the rate of $65 per hour from Dandy Diesel, Inc. based upon low, informal quotations. Ro)l call: All ayes Motion by Norberg, second by Hovland to authorize the expenditure of funds for the rental of safety barricades from Warning Lites, Inc. based upon unit prices in- cluded in their low, informal quotation. Councilman Norberg felt there was a sur- plus of barricades at this project site. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 8. Other New Business a. Authorization to Purchase Motion by Hentges, second by Norberg to authorize the purchase of new forms (ICR, fifteen thousand sets, punched) for the Police Department from Tracy Printing in the amount of $585 based on low, informal quotation received. Roll call: All ayes b. Nelson School Property Councilman Hentges requested that the Police Department check on two vehicles that had been parked on the Nelson School property. c. Negotiations with Northwest Asphalt The City Manager gave the results of the negotiations of the City Engineer with North- west Asphalt on Project #8202 and Project #8017. No action was taken at this time. 8. Reports a. Report of the City Manager This report was presented in written form. One item that was discussed was that of seeking bids for the Silver Lake concession stand. Mayor Nawrocki suggested that civic groups in the City be made aware of this so they can also bid. b. Report of the City Attorney The City Attorney addressed two cases that have been pending regarding the City. One has been dismissed and the other case appears that it will be settled within the limits prescribed by the City Council. Regular Council Meeting May 24, 1982 page 1 0 ~. Licenses Motion by Norberg, second by Hovland to approve the licenses as listed upon payment of proper fee. Roll call: All ayes 10. Payment of Bills Motion by Hentges, second by Petkoff to pay the bills as listed out of proper funds. The City Manager advised the Council that reimbursement was made to Mrs. VonHeideman, 3718 Central Avenue, in the amount of $7.92 for an assessment that was previously paid. Roll call: All ayes Adjournment Motion by Hentges, second by Norberg to adjourn the meeting at 1:05 am. All ayes yAnne Student, Cou~cm'T3-Sec retary