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HomeMy WebLinkAboutMarch 27, 1989OFFICIAL PROCEEDINGS' COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION MARCH 27, 1989 Mayor Hadtrath called the Board of Trustees Meeting to order at 8:45 p.m.. 1. Roll Call Pauison, Petkoff, Carlson, Peterson, Hadtrath - present 2. Engagement Letter for 1988 Audit Motion by Petkoff, second by Paulson to enter into an engagement letter with Bergren, Holmgren and Loberg, L.T.D., to complete the Columbia Heights Volunteer Fire Relief Association 1988 Audit at a fee not to exceed $750. Roll call: All ayes 3. Adjournment Motion by Paulson, second by Carlson to adjourn at 8:47 p.m.. Roll call: All ayes Jof~ne Student,'CounciT- Secretary Mayor Dale V. Hadtrath OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 27, 1989 The meeting was called to order by Mayor Hadtrath at 7:30 p.m.. 1. Roll Call Petkoff, Carlson, Peterson, Hadtrath - present Paulson - absent ~. Pledge of Allegiance 3. Consent Agenda The following items were on the consent agenda: Minutes for Approval The Council approved the minutes for the Regular City Council Meeting of March 13th as presented in writing and there were no corrections. Resolution No. 88-15; Being a Resolution Regarding Labor Agreement The reading of the resolution was waived. RESOLUTION NO. 89-15 BEING A RESOLUTION REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 POLICE SERGEANTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that WHEREAS, negotiations have proceeded between the Minnesota Teamsters Public and Law Enforcement Employees' Un'on, Loca~ No. 320, representing Sergeants of the City's Police Department, and members of the City negotiating team, and said negotiations have resulted ~n a mutually acceptable contract, for the calendar year 1989 of: Wages - 3.5% adjustment; and, Insurance - $200 per month employer contribution for employee and dependent coverage. WHEREAS, a copy of said contract will be made available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and are hereby established as the salary and fringe benefit program for calendar year 1989 for Sergeants of the Columbia Heights Police Department. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 27th day of March, 1989. Offered by: Carlson Seconded by: Peterson Roll call: 'All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Regular Council Meeting March 27, 1989 page 2 Resolution No. 89-16; Being a Resolution Regarding Labor Agreement The reading of the resolution was waived. RESOLUTION NO. 89-16 BEING A RESOLUTION REGARDING LABOR AGREEMENT BETWEEN. THE CITY OF COLUMBIA HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 POLICE OFFICERS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, representing Officers of the City's Police Department, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract, for the calendar year 1989 of: Wages - 3.5% adjustment; and, Insurance - $200 per month employer contribution for employee and dependent coverage; WHEREAS, a copy of said contract will be made available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and are hereby established as the salary and fringe benefit program for calendar year 1989 for Officers of the Columbia Heights Police Department. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 27th day of March, 1989. Offered by: Carlson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath RESOLUTION NO. 89-17 BEING A RESOLUTION REGARDING AMENDMENTS TO THE LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 1216 WHEREAS, the present agreement between the International Association of Firefighters, Local No. 1216, and the City of Columbia Heights has a wage and contribution to fringe benefit reopener for calendar year 1989; and, WHEREAS, negotiations have proceeded between the International Association of Firefighters, Local 1216, representing Firefighters and Captains of the City's Resolution No. 89-17; Regardin~ Amendments to Existing Labor Agreement The reading of the resolution was waived. Regular Council Meeting March 27, 1989 page 3 Fire Department, and members of the City's negotiating team, and said negotiations have resulted in mutually acceptable provisions regarding the following articles: Wage~ - 3.5% adjustment for 1989 and el~mlnat|on of the wage schedule for employees hired prior to January 1, 1988; Callouts $ Overtime - 3.5~ adjustment for 198~; Insurance - $195 per month employer contribution for employee and dependent coverage during 1989; and, WHEREAS, a copy of said contract will be available for inspection at the Office of the City Manager and is made a part hereof by reference, NOW, THEREFORE, BE IT RESOLVED that the contract amendments as negotiated, be and are hereby established as the salary and fringe benefit adjustments for 1989 for Firefighters and Captains of the Columbia Heights' Fire Department; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 27th day of March, 1989. Offered by: Carlson Seconded by: Paterson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Resolution 89-18; Being a Resolution in Support of a 1OO% Transfer of MVET Revenues The reading of the resolution was waived. RESOLUTION NO. 89-18 BEING A RESOLUTION IN SUPPORT OF A 100% TRANSFER OF MOTOR VEHICLE EXCISE TAX REVENUES FOR TRANSPORTATION FUNDING WHEREAS, Minnesota cities and counties have rapidly growing transportation needs; and, WHEREAS, the street and highway system is deteriorating at a'rate faster than the financial ability to maintain and rebuild such systems; and, WHEREAS, transportation funding is a high priority issue among local jurisdictions; and, WHEREAS, it is appropriate to use road user funds for major street and road con- struction rather than using property taxes; and, WHEREAS, the city and county street and highway plans are predicted on proceeds from the Motor Vehicle Excise Tax (MVET), many county and city plans will be cut back or not completed; and, WHEREAS, the percent of local participation in the construction and reconstruction of state-owned highways is increasing; NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council strongly Regular Council Meeting March 27, 1989 page 4 recommends that the 1989 session of the Legislature provide for the transfer of 100% of the Motor Vehicle Excise Tax to the road user fund to provide a stable source of adequate funding for the construction and maintenance of streets and highways in the State; and, BE IT FURTHER RESOLVED that the "sunset" provision included i! the 1988 Trans- portation Funding Bill be removed so that MVET revenue can continue to be trans- ferred to the Highway User Tax Distribution Fund for use by cities and counties to fund street and highway construction needs. Offered by: Carlson Seconded by: Peterson Roll call: All ayes Date of Passage: March 27, 1989 Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Renewal of Class B Gambling License - Lions Club - Murzyn Hall The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights Lions Club for use in conjunction with activities held at J.P. Murzyn Hall and that the City Council waives the remainder of the sixty day notice to the local governing board. Renewal of Class B Gambli~ License - Lions Club - Jefferson Building The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights Lions Club for use in conjunction with activities held at the Jefferson Building in Huset Park and the Council waived the remainder of the sixty day notice to the local governing board. Renewal of Class B Gambling License - Boosters Club The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights Athletic Boosters Club for the Tycoon Tavern, 4952 Central Avenue, Columbia Heights, and that the City Council waived the remainder of the sixty day notice to the local governing board. Schools, Conference and Seminars 1989 Minnesota Recreation and Park Association Conference The Council authorized the attendance of the Director of Recreation and Community Services and the Assistant Director for Recreation at the 1989 Minnesota Recreation and Park Association Conference to be held on April 19 - 21, 1989 i-n Rochester, Minnesota and that related expenses be reimbursed. Law Enforcement Explorer Conference The Council authorized the attendance at the Law En¢orcement Explorer Conference on April 20 - 23, 1989, of Officers Nightingale and Kllnk, and Regular Council Meeting March 27, 1989 page 5 their expenses of $100 each be paid from the Police Department Budget; and that up to $400 from the Police Department Budget is authorized for the expenses of Explorer Post Members. Purchase of Paint Shaker The Council authorized the purchase of a paint shaker from Genuine Parts Company for $2,980 based on their low quotation and authorized the Mayor and City Manager to enter into an agreement for same. Purchase of Waste Containers The Council authorized the purchase of seven Form Products Model A containers from Flanagan Sales, Inc. of St. Paul for an amount of $3,010, recognizing the proprietary sense of exchangable units and also authorized the Mayor and City Manager to enter into an agreement for same. Authorization to Purchase Brush Chipper The Council declared Road Machinery and Supplies Company to be a non-responsive bidder. The Council authorized the award of bid for a brush chipper to Vermeer Sales and Service based upon their low compliant bid of $14,200 and authorized the Mayor and City Manager to enter into an agreement for same. Award of Bid for Municipal Project #8901 - 1989 Sealcoat Work The Council awarded work for Project #8901 to Allied Blacktop Company of Maple Grove, Minnesota based on their low qualified bid of $89,113.13 and authorized the Mayor and City Manager to enter into a contract for same. Underground Oil Storage Tank for City Hall Boiler The Council authorized the City Manager to proceed with removal of the under- ground oil storage tank at the City Hall and to provide for uninterruptable gas service to the main boiler in City Hall. Exercising Two Year Option for Top Valu Space The Council authorized the City Manager to send a letter to Kraus Anderson informing them of the City's intent to exercise the two year renewal option. License Applications The Council approved the 1989 license applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of the bills as listed out of proper funds. 4. Approval of Consent Agenda. '~otion by Carlson, second by Peterson to approve the consent agenda as pre- sented. Roll call: All ayes 5. Proclamations Mayor Hadtrath read a proclamation declaring April as Fair Housing Month in the City of Columbia Heights. The Mayor presented the proclamation to Mickey Rooney, a local realtor. Sa. Open Mike Three residents of University Heights stated why they feel Third Street should be closed near their housing development. They noted that there is speeding and generally careless driving. Regular Council Meeting Harch 27, 1989 page 6 They were advised that thls matter should be taken to the Traffic Commission. Curtis Hopperstad, 4232 Stinson Boulevard, told the Council he is opposed to the closing of Silver Lake Beach. He felt thls would be unfortunate if the beach were closed as it is a playground for many of the neighborhood youngsters. 6. Ordinances and Resolutions a. Second Reading of Ordinance No. 1181; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Solid Waste Motion by Hadtrath, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1181 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SOLID WASTE The City of Columbia Heights does ordain: Section l: Section 8.301(11 to 8.301(91, inclusive, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Chapter 8 PUBLIC HEALTH AND SAFETY Article III Garbage and Rubbish Section 1: Storage Containers 8.301 (1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage and rubbish, as defined herein, which may accumulate upon such property at least once a week. For purposes of this Code: (al garbage shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. 8.301 (2) (bi rubbish shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish, and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers or up to thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestations, and shall be provided with handles for ease of lifting. 8.301(3) Notwithstanding the provisions of 8.301(21, persons responsible under thls section for the dlsposai of rubbish or garbage at all apartment Regular Council Meeting March 27, 1989 page 7 structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant neces- sitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lif(ing onto refuse trucks. 8.30 (4) All accumulations of garbage and rubbish must be deposited and contained within the containers as provided in this section, except that: (a) (c) (d) (e) tree limbs with diameters of less than .four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35lbs.) in weight; bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35lbs.); Christmas trees up to six feet (6') in length (during January); small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35lbs.), and (f) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the pro- perty at which these materlals have been placed along with car- peting, carpet padding, mattresses, chairs, couches, tables, and other such items of furniture; shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. 8.301 (5) Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door, provided, however, that where the back door is not reasonably accesslble from the front yard, the container shall be placed at a point adjacent to the house Which is reasonably accesslble to the front of the house. 8.301 (6) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such prdximity to the property so that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by ap- propriate fencing and/or shrubbery. Regular Council Meeting March 27, 1989 page 8 (bi Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as the Council may require. 8.3oi(7) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than that authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this secti,on, shall constitute an offense punishable under Section 8.301(9). 8.301 (8) Every householder and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. 8. 301 (9) Any person, firm, or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any real estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three Hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Shall hereafter read as follows, to wit: Chapter 8 PUBLIC HEALTH AND SAFETY Article III Garbage, Rubbish and Recyclable Material Section 1: Storage Containers 8.3o1(1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. For purposes of this code: (al "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any sou rca. (bi (c) "Rubbish" shall refer to ali inorganic refuse matter such as tin cans, glass, paper, asheS, etc.. "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. B.30I (2) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall Regular Council Meeting March 27, 1989 page 9 8.3Ol (3) 8.301 (4) provide for the storage of such matter between the periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to thirty-two (32) gallons or.seventy five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager may remove a recycling container from the premises on which the unit is located. Notwithstanding the provision of 8.301(2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment or restaurant necessitating the storage and disposal of garbage and rubbish shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. All accumulatlons of garbage and rubbish must be deposited and con- tained within the containers as provided in this section, except that: (a) (bi tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35lbs) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds {35lbs.); (d) Christmas trees up to six feet (6') in length (during January); (el sma11 household items including small appliances, tools and artlcles of furniture weighing less than thirty-five pounds (35Ihs.); and (fl stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture. shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. 8.301 (5) Where alleys are platted and open for traffic, garbage cans shall be Regular Council Meeting March 27, 1989 page 10 8.3Ol (6) 8.301 (7) 8. 301 (8) 8.3Ol (9) SECTION 2: Section V 5.6o5(1) placed at the rear of said property adjoining the alley. Where no alleys exist, garbage cans will be kept at or near the back door; provided, however, that where the back door Is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. All authorized City recycling containers shall be placed at the curb line on pick-up day regardless of existing alleys. Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be In such proximity to the property that their appearance will not be evident from the street. (al Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (bi Where it is physically impossible to place the containers behind the rear ilne of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punlshable under Section 8.301(9). Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildlng, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.O0) or to Imprisonment not to exceed nlnety (90) days, or both, for each offense. Section 5.605(1) to 5.605(7), inclusive, of Ordinance No. 853, City Code of lg77, passed June 21, ig77, which reads as follows, to wit: Garbage Collection No person shall engage in or conduct the business of collecting garbage or rubbish without a license issued pursuant to the Regular Council Meeting March 27, 1989 page I1 $. 6o5 (2) 5.605(3) 5.605(4) 5.605(5) 5.605(6) 5.605(7) provisions of this chapter. For purposes of this section, the below-named words shall have the meanings ascribed to them. (a) "Garbage" shall mean organic refuse resulting from the storage or preparatlon of food and decayed or spoiled food from any source. (bi "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. Application for a license under this section shall Include a statement describing all equipment and vehlcles to be used In the course of business together with any Identifying license or serial numbers. The application shall further indicate the place or places where the garbage and rubbish will be disposed of. After a license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be One Hundred Thousand dollars for bodily injuries to or death of one person, and Two Hundred Thousand dollars for any one accident resulting in injuries and/or death to more than one person, and a total of Ten Thousand dollars liability for damages to property of others arising out of any one accident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be Twenty Thousand for any one person, Forty Thousand for any one accident, property damage of Five Thousand, and with a maximum total liability of Fifty Thousand. Licensees shall provide a covered receptacle for the storage of collected refuse. The receptacle shall be constructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to make all collections between the hours of 6:00 a.m. and 10:00 p.m., and shall make collectlons in a manner that will minimize traffic disruption. Each licensee shall comply with all ordinances of the City and with any regulations promulgated-by the Health Authority establishing standards of health and sanitation in the City. The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the llcensee's services whenever garbage and rubbish removal is not effected in accordance with the terms of the contract between the City and the licensee. Regular Council Meeting March 27, 1989 page ] 2 5.6o5(I) 5.6o5(2) 5.605(3) 5.605(4) Such notice shall indicate the reason for failure to collect the garbage or rubbish, and a copy of said notice shall be filed with the Clerk. Shall hereafter read as follows, to wit: No person shall engage in or conduct business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provisions of thls chapter. For the purposes of this section, the below-named words shall have the meaning ascribed to them. (al "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any source. (bi (c) (d) (el "Rubbish" shal) mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. "Authorized Recycling Program" shall mean a program for the collection and recycling of recyclable materials which are instituted, sponsored, authorized or controlled by the City. "Recyclable Materials" shall mean all items of garbage and rubbish designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. "Scavenging" shall mean the unauthorized collection of recyclable materials that have been set out by residents of the City specifically for participating in curbside recycling programs. Application for a license under this section shall include a statement describing all equipment and vehlcles to be used in the course of business together with any identifying license or serial numbers. The appl$catlon shall further indicate the disposition site for the garbage, rubbish and recyclable materials. After the license application is approved by the Council, the applicant shall present proof to the Clerk of Insurance on each veh|cle wlth an insurance company licensed to transact business in thls state. The limits of such pollcy shall be Two Hundred 'Thousand dollars ($200,000) for bodily injuries to or death of one person, and Slx Hundred Thousand dollars ($600,000) for any one accident resultlng in injuries and/or death to more than one person, and a total of Fifty Thousand dollars ($50,000) 1lability for damages to property of others arising out of any accident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance wlth an insurance company licensed to transact business in this state. The limits of such policy shall be Two Hundred Thousand dollars ($200,000) for any one program, Six Hundred Thousand dollars ($600,000) for any one accident, and Regular Council Meeting March 27, 1989 page 13 property damage of Fifty Thousand dollars ($50,000). 5.605(5) Licensees shall provide a covered receptacle for the storage of collected solid waste. The receptacle shall be constructed so that the stored contents will not leak or spill therefrom.'The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to make all collections between the hours of 6:00 a.m. and 10:00 p.m. and shall make collections in a manner'that will minimize traffic disruption. 5.605 (6) Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority establishing standards of health and sanitation in the City. 5.605(7) The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the licensee's services whenever garbage, rubbish and recyclable materials removal is not effected in accordance with the terms of the contract between the City and the licensee. Such notice shall indicated the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the Clerk. 5.605(8) Items designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. 5.605(9) Ownership of recyclable materials set out for the purpose of participating in curbside recycling programs shall remain with the person who set out the materials until removed by the authorized collector. The person who sets out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. SECTION 3: Section 5.701 of the City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Chapter V Commercial Licensing Article VII Compliance Section 1: Violations 5.701 (1) Any person, firm, or corporation who violates.or refuses to comply with any of the provisions of this chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or violates the restrictions imposed upon any'licensee under this chapter; engages in, participates in, or operates any of the businesses described in this chapter without having first obtained a license therefor; or engages in, participates in, or operates any of the businesses described in this chapter after a license therefor has expired is guilty of Regular Council Meeting March 27, 1989 page 14 a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three hundred dollars ($300.00) or to imprisonment not to exceed ninety (90! days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. 5.701 (2) Any person, firm, or corporation who provides false information, makes a material misrepresentation, or fails to disclose material information under the provisions of Section 5.101(2) of this Code is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Shall hereafter read as follows, to wit: Chapter 5 COMMERCIAL LICENSING Article VII Compliance Section l: Violations 5.701(1) Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or violates the restrictions imposed upon any licensee under this chapter; engages in, participates in, or operates any of the businesses described in this chapter without having first obtained a license therefor; or engages in, participates in, or operates any of the businesses described in this chapter after a license therefor has expired is guilty of a misdemeanor and, upon conviction, thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to-exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. 5.701 (2) Any person, firm, or corporation who provides false information, makes a material misrepresentation, or fails to disclose material information under the provisions of Section 5.101(2) of this Code is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. 5.701 (3) Any person, firm, or corporation who shall take, collect, or scavenge recyclable material set out for the authorized collection program within the City, without having first been licensed hereunder to do so, is guilty of a misdemeanor, and, upon conviction thereof, shall be subject to'a fine of not more than Seven Hundred dollars {$700.00} or to imprisonment not to exceed ninety {90) days, or both, for each offense. SECTION 4: This ordinance shall be in full fOrce and effect from and after thirty days after its passage. Regular Council Meeting March 27, 1989 page 15 First reading: Second reading: Date of passage: March 13, 1989 March 27, 1989 March 27, 1989 Offered by: Hadtrath Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Councilmember Paulson arrived at 8:00 p.m.. b. Resolution Being a Preliminary Resolution Authorizing Issuance and Sale of General Obligation Capital Equipment Notes, Series 1989A, in Connection With the Minnesota Cities Capital Equipment Borrowing Program The City Manager advised the Council that the Program is designed to be cost effective in financing capital equipment purchases. The Finance Director reviewed what equipment would most likely be purchased through this financing program, noting that most of the equipment would be for the Public Safety and Public Works Depart- ments. The Mayor and members of the City Council opposed participation in the Program. They felt it may impact on keeping the levy down. Motion by Carlson, second by Hadtrath to deny the resolution. Roll call: All ayes 7. Communications Appointments to Boards and Commissions The Council received a list of those persons whose terms on various boards and commissions were expiring in April of this year and ha~ expressed an interest in being considered for reappointment. Discussion followed regarding appointments of new applicants as well as limiting the number of terms which could be served. This item will be an item for dis- cussion at a Council work session. Motion by Peterson, second by Carlson to reappoint Nancy Hoium to the Library Board. Roll call: Ail ayes Motion by Paterson, second by Hadtrath to table the seven remaining reappointments until this matter can be discussed at a Council work session. Roll call: All ayes 8. Old Business Request of John Galt Corporation Regarding Letter of Credit Agreement in Place of Performance Bond The City Manager explained the reason for the request and the change. The City Attorney had reviewed the Letter of Credit Agreement and felt it was acceptable. Motion by Peterson, second by Paulson to authorize the Issuance of a Temporary Certificate of Occupancy to Value Village located at 4849 Central Avenue, pro- vided, however, that the John Galt Corporation provides the City of Columbia Heights with a Letter of Credit Agreement as stipulated by the City and to be in the amount of $150,192 to.assure that site improvements are completed by July 1, 1989; and furthermore, that the Letter of Credit Agreement be modified to an amount of $33,675 and remain in affect untll June 1. 1990, to assure one growing season for landscape materials; and, in addition, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: Rll ayes Regular Council Meeting March 27, 1989 page 16 New Business a. Comprehensive Light Rail Transit System Plan for Anoka County The City Manager requested this item be removed from the agenda. Motion by Peterson, second by Carlson to remove the above-mentioned item from the agenda. Roll call: All ayes b. Request of Land O' Lakes, Inc. Seeking City Consent to Sell Office Building to Medtronic The City Attorney reviewed some of the history of this sale. Motion by Petkoff, second by Paulson to authorize the City Manager to provide the City's written consent to the sale of the Land O' Lakes facility at 800 53rd Avenue to Medtronic, Inc.; and furthermore, to also provide consent to the sale and assumPtion by Medtronic Inc. of the obligations of Land O' Lakes, Inc. under the loan agreement for the financing of this property. Roll call: Ail ayes c. Establish Date for Special Council Meeting The Council will have a work session at 7:00 p.m. and a Special Council Meeting at 8:30 p.m. on Thursday, April 6th in the City Hall Conference Room. 10. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Counciimember Paulson inquired if the Public Works Director had any additional information regarding the opportunity for residents to purchase sod through the City. He was advised that the bid has not been let at this point in time but he would be kept apprised of any activity. 2. Mayor Hadtrath inquired as to the progress on the investigation of the alleged hazardous waste in Huset Park. The Public Works Director told him that he is presently working with MPCA on a work plan. 3. Snow Removal Citiations: The City Manager will be asking the City Attorney to prepare an ordinance on this' matter for the next winter season. 4. Recycling: Counciimember Carlson had a request for a recycling presentation to the residents of the former Nelson School. The City Manager will follow through on this. b. Report of the City Attorney The City Attorney had nothing to report at this time. Adjournment Motion by Peterson, second by Paulson to adjourn the meeting at 8:45 p.m.. Roll call: Ali ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary