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