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HomeMy WebLinkAbout03/01/2010 RegularCITY OF COLUMBIA HEIGHTS 590 40'h Aveuue NE, Columbia Heights, iwd:y ~~421-3878 (763)706-3600 TDD (763) 706-3692 [~rsitourwebsiteai: {vrvw.ci.colrunbin•.lati;~IrPs.rl:rr.rls ADMINISTRATION NOTICE OF CITY CO UNCIL MEETING to be held in the CITY OF COL UILIBIA HEIGHTS as follotivs: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: 1. Ordinance amendments (3) a. Refiise & Recycling b. Tree & Weed services (trees) c. Utility Services discarssion COLUMBIA HEIGHTS CITY COUNCIL MARCH 1, 2010 7:00 P.M. (or immediately following the HRA mtg.) CONFERENCE ROOM 1 WORK SESSION 2. Six Cities Water Management Organization: Joint Powers Agreement Mayor Gary l,. Yclcrsnn Councilmembers IZohcr! .t. IYillianrs Bnrcc A'nwrucki 7anunern Dichw Brace Kel.:enherg City Manager I t'nlarr lt. Fehr( The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CITY COUNCIL LETTER Meeting of: 3/01/2010 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS ITEM: AMENDMENTS TO THE REFUSE AND BY: K. Hansen BY: RECYCLING ORDINANCE: Chapter 4, 5 AND 8 of the City DATE: 2/25/2010 DATE: Code Background: The Council approved a new Refuse and Recycling contract on November 9, 2009 with the following major changes: • The Contractor has been changed to Veolia based upon their bid, and includes single sort recycling. • Tertn has been updated for 5 years beginning in January of 2010 and ending December of 2014. • Tipping fees have been defined and added to be separately tracked in the payment procedures. • ~Tht City dill s«~itch to Sin~~le Sort Rec~~cling in i~-r ~~,_ll carts and pickups changed to every other ~~~eek for recycling. Refuse collection days remain the same. • The City will move recv_ cling collection point to the same location as refi~se (i.e. to the alley where p~ 1-n11I1~'C~~. • Language has been added in the Disposal section in which the City reserves the right to direct the location and facility of the disposal of solid waste. • Language has been added which requires the Contractor to provide tomiage reports on a monthly basis for garbage, solid waste and recycling. And that the City may withhold payment without such submittals. • A recycling rebate provision has been added to provide for revenue sharing of recyclables collected Citywide. • A fitel escalation clause has been added to account for fluctuations in fiiel costs. • Allows the contractor to service Multi-dwelling properties with carts instead of dtunpsters where permitted. Analysis /Conclusions: Attached is a pdf copy of the existing Refuse and Recycling Services ordinance chapters 5 & 8, consisting of 2 and 5 pages, respectively. References to refuse and recycling rules can be found in Chapter 5 COMMERCIAL LICENSING, Chapter SA PROPERTY MAINTENANCE CODE, and Chapter 8 PUBLIC HEALTH AND SAFETY. All three are probably appropriate places, but in many cases the subparagraphs don't match up with the title. There is crtrrently no article trader Chapter 4 MUNICIPAL SERVICES for residential refuse operations (as provided by City contract). Staff is proposing to cetttt•alize this actrvtty itt Chapter 4 -Municipal Setvvices. Attached is a proposed ordinance revision consisting of 6 pages. The basis of this ordinance amendments is to develop consistency contract language and operations review by City staff based upon experience with refuse and recycling COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/01/2010 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: AMENDMENTS TO THE REFUSE AND BY: K. Hansen RECYCLING ORDINANCE: Chapter ~I, 5 AND 8 of the City DATE: 2/25/2010 Code BY: DATE: program. The following modifications have been made to the existing ordinance sections: CHAPTER 4: MUNICIPAL SERVICES -Article VII. Refitse and Recycling Services Entire article is new. Language developed for consistency with new contract. § 5.603 GARBAGE COLLECTIONS. Paragraph E and F are proposed to be removed because the City recycling program has nothing to do with licensing of refuse haulers that want to operate in the city servicing conmlercial properties. § SA.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING. Minor changes concerning the proper location to place refitse containers (already referenced in Chapter 8). There is some contusion on the difference between Chapter 5 and Chapter 8 and where refuse storage containers should be mentioned. S 8.301 STORAGE CONTAINERS All paragraphs that spelled out how residential refitse operations are conducted are proposed to be moved to a newly created Article VII. titled REFUSE AND RECYCLING SERVICES under Chapter 4 MUNICIPAL SERVICES. Items from the new conh•act with Veolia and billing paragraphs (closely worded with water billing) for refuse rates and rules have been added. The remaining paragraphs concerning composting, improperly containerized garbage and rubbish remain with Chapter 8 PUBLIC HEALTH AND SAFETY under a different title than '`storage containers". RECOMMENDED MOTION: Review and discussion prior to scheduling a first reading of the proposed ordinance amendment to Chapter 4: Municipal Services of the City code -Refuse and Recycling Services. Attachments COUNCIL ACTION: CHAPTER 4: MUNICIPAL SERVICES Article VII. REFUSE AND RECYCLING SERVICES 4.701 GENERAL OPERATIONS A. Every household 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 Service Provider. The City reserves the discretion to add other entities (Non-municipal) as agreed to by Council resolution. B. The Service Provider shall collect refuse, recycling, yardwaste/brush, white goods, electronics, and all other permissible household refuse at designated collection points as permitted by section 8.301 (E). C. All collection service shall be conducted Monday through Friday. When holidays fall on a weekday, the collection shall be made within the next day. D. Whenever a residence notifies the Service Provider of locations which have not received scheduled service, the Service Provider is required to service such locations before 6:00 p.m. of the same day when notified prior to noon. When notified after noon, the Service Provider shall service such locations not later than noon of the following day, excluding Sundays. E. Residents who are elderly or physically disabled and are unable to place their containers at the designated location, may request "walk-up" service from the Service Provider, whereby the driver will service those containers from the house access that is nearest the designated collection point. F. The Service Provider shall direct all requests for service level changes to the City. The size and numbers of containers shall be selected by the resident/owner (through the City), who may change their level of service monthly at no additional charge. Official changes will be made through the City and the Service Provider will be notified. The Service Provider may remove containers from properties when the City discontinues service to a residence. G. All refuse and recycling materials placed for collection shall be owned by and is the responsibility of the occupants of the residential properties until collection by the Service Provider. Upon collection of the refuse materials by the Service Provider, the solid waste becomes the property and responsibility of the Service Provider. All Garbage and Refuse shall be transported to, weighed-in at, and disposed of at a solid waste facility that is approved by the City. 4.702 DEFINITIONS A. Residence shall mean all single-family dwellings, double bungalows/duplexes, aparhnents, town homes, condominiums and other living quarters. B. Multi-dwelling properties mean any residence with more than four separate living quartets including, but not limited to, apartments. C. Garbage shall mean organic (non-hazardous) waste resulting from any source. D. Rubbish shall mean all inorganic (non-hazardous) refuse matter that accumulates in the ordinary operation of a household including but not limited to stone, sod, earth, concrete, and building materials resulting from remodeling a residence on the property at which these materials have been placed, along with mattresses, chairs, couches, tables, and other such items of furniture. E. Recyclable Materials shall mea^ newsprint. glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage bottles, mix paper, phone books, magazines, and any other materials as required by the City and agreed to by the Service Provider. F. Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and brush. G. Brush shall mean branches, trees and shrubs of less than four (4) inches in diameter. H. Receptacle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable container,' `cans,' or `containers,' shall be of such size and form as to permit Collection and handling by one person. I. Tipping Fee shall mean the charge per ton assessed to the Service Provider by the City approved solid waste disposal facility for disposing Refuse and Garbage. J. Electronics shall mean televisions, stereos, VCR's, DVD players, computers, computer monitors, and any other similar device so defined by the State of Minnesota. K. White Goods shall mean household appliances including but not limited to clothes washers and dryers, dishwashers, water heaters, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. L. Refuse shall mean garbage, rubbish, yard waste, brush, electronics, and white goods, and recyclable materials if discarded in the non-recycling container by the residence. M. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the provided container (although still limited to three garbage truck hopper loads) as part of the regular service charge. N. Limited Service means additional fee-based service for the collection of household items, furniture, extra garbage, and rubbish that does not fit into the provided container and is not pa--t of the regular service charge. O. Living quarter means single family home and each separate rental unit of amulti-dwelling property. 4.703 GARBAGE GENERAL REQUIREMENTS A. Each residence shall have its refuse and all other permissible items collected a minimum of once each week. B. The Service Provider shall provide each residence with a garbage container (wheeled carts with attached lids) or dumpsters that meet federal standards and have fly-tight lids. Except as otherwise set foc-th herein, all containers furnished by Service Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof C. Full Service Collection for non-multiple dwelling properties, shall consist of one large volume capacity or one medium volume capacity garbage container (with full service sticker) provided by the Service Provider. Service Provider shall only collect up to 270 gallons or 1.5 cubic yards of extra material outside a residence cart. Collection of materials in excess of this amount can be provided by the Service Provider at an additional cost to the resident. Additional Full Service Collection includes: I. Christmas tree collection during the first two weeks of Januai}~, per living quarter unit. 2. Additional amounts of non-garbage household rubbish (within the limits described above), such as stone, sod, earth, concrete, and building materials resulting from remodeling of the residence on the property at which these materials have been placed. Where practicable, such items will be bagged, boxed, or bundled. 3. Carpeting, carpet padding, mattresses, chairs, couches. tables, and other such items of furniture. These items are not included in the extra material limits described above, although must have come from the property where placed. 4. One white good item each calendar year for each living quarter unit at no charge (tracked by the Service Provider). D. Limited service will consist of one medium volume capacity container as provided by the Service Provider. All materials subject to collection shall be frilly contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Service Provider at an additional cost to the resident. Additional Limited service includes Christmas trees and white goods collection as described in C- 1 & 4 above. E. Low-volume collection service shall consist of one small volume capacity garbage container, as provided by the Service Provider. All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Service Provider at an additional cost to the resident. Additional Low-volume service includes Christmas trees and white goods collection as described in C- 1 & 4 above. F. Multiple dwelling properties. Service Provider shall provide each multiple dwelling with at least one standard dumpster (1 cubic yard capacity) or equivalent number of 96-gallon containers and collections, a minimum of once/week. Multiple dwelling properties may not have extra garbage or rubbish outside of the provided container, except for large household items such as fiu•niture items, carpet, padding, and mattresses. Property owner/manager must call the Service Provider in advance of collection. Collection of materials outside of the provided container (other than previously noted) can be provided by the Service Provider at an additional cost to the owner. Additional services/living quarter unit includes Christmas h•ees and white goods collection as described in C- I & 4 above. 4.704 RECYCLING GENERAL REQUIREMENTS A. Items designated for recycling shall be listed by the City to be pact of an authorized recycling program. B. Ownership of recyclable materials set out for the purpose of participating in a curbside recycling program shall remain with the person who set out the materials until removed by the authorized collector. The person who set 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. C. Recyclable Materials generated from residences with single sort containers will be collected a minimum of once every other week. D. The Service Provider shall be responsible for distributing all properly labeled (with instructions) recycling containers (wheeled carts with attached lids) to the residents/property owners. All containers furnished by Service Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof. E. The Service Provider shall be responsible for collection of recyclable materials from containers at residential properties in the City. Additional recyclable materials will be collected outside of the container when bagged or boxed that meets Service Provider specified procedures. F. If the Service Provider determines a recycling container is too contaminated with non- recyclable materials, Service Provider may collect the material as refuse. The contactor will notify the resident of contamination issues and provide information for proper preparation of recycling. Collection of contaminated recycling materials can be provided by the Service Provider at an additional cost to the resident. 4.705 OTHER REFUSE GENERAL REQUIREMENTS A. The Service Provider shall organize residential collection of electronic devices that are banned from the solid waste stream by the State of Minnesota, Anoka County, and the City of Cohunbia Heights. The Service Provider shall provide each residence and multi-dwelling living quarter unit an electronics (including those items not banned) curb-side collection service weekly, although this service will be fee-based and negotiated directly between the Service Provider and the resident requesting the service. B. The Service Provider is responsible for weekly collection of yard waste and brush from non- multiple dwelling properties during the growing season (April 1 -November 30). Yard waste and brush collected from non-multiple dwelling properties shall occur on the same collection day as refuse. C. Yard Waste collection shall be limited to only those materials placed in authorized disposable containers that meet State of Minnesota, Anoka County, and City of Columbia Heights requirements. The Service Provider shall notify residents on the specifications for Brush collection. D. Each property is authorized one white good item each calendar year, for each living quarter unit, at no charge (tracked by the Service Provider). Additional items can be charged by the Service Provider at an additional cost to the resident. Arrangements and billings for appliance collections will be handled directly by the Service Provider. 4.706 REFUSE SERVICE RATES AND RULES. (A) Chrn•ges. The Council shall by resolution fix all charges and penalties for refuse and recycling service rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for refuse billing by division (C) of this section. (B) Oll~ner liabilityfor charges. In billing refuse service the rates shall be applied by container size and service level. The property owner shall be liable for refuse and recycling service to the property owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property. (C) Statements; delinquent bills, stop-ser•vice• for raor~ payment; resumption of services. (1) Accoamting. The administration services of the city shall provide for a method of periodic accounting and recording of refuse service level at each location throughout the city. Bills shall then be calculated to include penalty and extra service charges; minimum charges for availability of refuse services, regardless of usage; and other charges as necessary and appropriate for revenue for the maintenance and operation of the city refuse budgets. (2) Statements. The administrative service shall mail said utility bills to the owner at the address listed for each specified location or to such address as the owner of recot•d may request in writing. (3) Due date. Utility bills ace due and payable on the tenth day of the month following the date of the postmark. Any bill not paid by the close of business on the tenth day of the month following its mailing is delinquent, at which time a charge established by the City Council shall be added to the billing. Pal-tial pa}~ments shall be considered as payment towards most dated amounts billed. (4) Delinquent bills. The administrative service shall ascertain all utility bills that are delinquent after the tenth day of the month and mail notice of such delinquency to the occupant of the location by the twentieth day of the same month. If such bill remains unpaid at the last day of the month in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency. Said notice shall include a statement that refuse service will be discontinued unless full payment is received by the tenth day of the month following the month in which the first delinquency notice was mailed. Before the refilse and recycling service will be continued, the entire account, including any current charges must be paid along with and including the charge established by the Council for penalties. Refuse service will only be provided during regular working hours. If utility bills are not paid, the bills may be levied against the property owner prior to continuing refuse service, and proof of levy payment must be provided to the administrative service prior to said service being turned back on. (5) Nonpayment. Refuse and recycling service may be discontinued at any time thereafter, subject to the following exceptions: Service may not be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate utility bill for each separate tenant, lessee, or occupant Utnt. (b) Any person who has filed with the Finance Director a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest. (6) Shut-off for nonpayment zmder szbdivision (C) (.i) (a). (a) Refilse and recycling service may be discontinued under circumstances described in subdivision (C) (5) (a) by providing 30 days' written `'Final Notice'' to each individual tenant, lessee or occupant. (b) Upon expiration of 25 days of said 30-day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent utility bills remain unpaid. (7) Shut-off for no» ~ayme~~t uf~cler sTrbc~ihisiorr (C) (.S) (b). Under circumstances described in subdivision (C) (5) (b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, refuse and recycling service may thereafter be terminated upon 24 hours' notice. (8) Certifrcation of delit~gare»t bills. The Council may certify unpaid and delinquent refuse bills to the County Auditor annually for collection pursuant to the provisions of M.S. § 444.075, as it may be amended from tine to time. (D) Utilitt~ service bills payable at Fiance Departr~lent. All bills for water and other services are payable at the office of the Finance Department during regular working hours, or as otherwise provided by said Finance Department. § 5.603 GARBAGE COLLECTIONS. (A) No person shall engage in or conduct the business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provisions of Anoka County Operating and Base Licenses and the Solid Waste Management Coordinating Board. (B) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED RECYCLING PROGRAM. A program for the collection and recycling of recyclable materials which are instituted, sponsored, authorized or controlled by the city. GARBAGE. Organic refiise resulting from the storage or preparation of food and decayed or spoiled food from any source. RECYCLABLE MATERIALS 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. RUBBISH. All inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. SCAVENGING. The unauthorized collection of recyclable materials that have been set out by residents of the city specifically for participating in curbside recycling programs. (C) (1) 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. (2) 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. (D) 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 acid the licensee. Such notice shall indicate the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the city. (E) Items designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. (F) Ownership of recyclable materials set out for the purpose of participating in a curbside recycling program shall remain with the person who set out the materials until removed by the authorized collector. The person who set 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. (G) Scavenging, as defined in division (B) of this section, is prohibited. It is a violation of the city code and subject to the penalties enforced therein. ('77 Code, § 5.605) (Am. Ord. 1078, passed 2-27-84; Am. Ord. 1181; passed 3-27-89; Am. Ord. 1377, passed 10-12-98) Penalty. see ti 3.701 ARTICLE III: GARBAGE AND RUBBISH Section 5.301 Storage containers § 8.301 STORAGE CONTAINERS. (A) (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. (2) Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by division (F) of this section. (3) For purposes of this code: COMPOSTING. Any above ground microbial process that converts yard waste to organic soil amendment or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. GARBAGE. Organic refuse resulting from the preparation of food and decayed and spoiled food from any source. RECYCLABLEMATERL4LS. 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. RUBBISH. All inorganic refuse matter such as tin cans, glass, paper, ashes, and the like. SHEET COMPOSTING. The spreading, incorporation or application of raw or composted yard waste onto land. YARD WASTE. Grass, clippings, leaves, weeds, garden waste, twigs and branches less than four inches in diameter. (B) (1) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall use the hauler provided containers for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers between 32-gallon and 90-gallon 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. Containers for the storage of garbage and rubbish shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. (2) Disposal of yard waste shall be from plastic or paper biodegradable bags no larger than 35 gallon garbage can liner size not exceeding 35 pounds, or a permanent ventilated 32 gallon flytight metal or thermoplastic container which is clearly identified as containing yard waste and weighing no more than 75 pounds. Containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. (3) One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each trait in residential buildings of 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. (C) Notwithstanding the provisions of division (B) of this section, persons responsible under this section for the disposal of rubbish or garbage at all apartment structu-•es containing three 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 refi-se trucks. (D) All acctunulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (1) Tree limbs with diameters of less than 4 inches and lengths of less than four feet tied into bwldles, said bundles not exceeding 18 inches in diameter; (2) Leaves, grass or rubbish in water-proof containers (no larger than permitted 30-gallon garbage can liner size), not exceeding 35 pounds in weight; (3) Bundles of newspapers and magazines tied secut•ely and weighing less than 35 pounds; (4) Christmas trees up to six feet in length (during January); (5) Yard waste in plastic or paper biodegradable bags (no larger than permitted 30-gallon garbage can liner size), not exceeding 35 pounds, or a permanent ventilated 32- gallon fly-right metal or thermoplastic container weighing no more than 75 pounds with handles: Shall be placed on pick up day at the curb line: and (6) 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; (7) Small household items including small appliances, tools, and articles of furniture weighing less than 35 pounds; 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. (E) (1) 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 accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the ft•ont yard. Garbage cans must be removed from the curb line within 24 hours after scheduled collection, and cannot be placed on the curb line more than 24 hours before scheduled collection. (2) All yard waste in plastic and paper bags (no larger than the permitted 30 gallon garbage can liner size) not exceeding 35 pounds, or a permanent, ventilated 32- gallon fly tight metal or thermoplastic container weighing no more than 75 pounds with handles; shall be placed on the curb line on collection day. (3) All authorized city recycling containers shall be placed at the curb line on pick-up day regardless of existing alleys. (F) Composting is prohibited for any owner or occupant of property within the city for business, commercial, industrial or residential purposes, except as hereinafter provided: (1) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (2) Composting may consist only of yard waste, wood ash, and sawdust generated from the site on which the composting is located; (3) Composting must be in a back yard and must be 5 feet from any side or rear yard lot line and no closer than 20 feet to any habitable building, other than the resident's own home, or less than 2 feet from the alley if any alley exists; (4) Composting shall be conducted within an enclosed container(s) not to exceed a total of 100 cubic feet in volume for city lots less than 10,000 square feet, and five feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (5) Sheet composting shall cover no more than 0.025 of the total lot area, and in no case exceed 500 square feet, must be in a back yard, and must be five feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (6) Noue of the following materials shall be placed in the composting container(s): meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes or diseased plants. (G) 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. (1) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (2) Where it is physically impossible to place the containers behind the rear line 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. (H) (1) Major appliances are managed as a separate waste stream under M.S. ~ 115A.9561, as it may be amended from time to time. MAJOR APPLIANCES are defined as: Clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stores, air conditioners, refrigerators, freezers, humidifiers, dehumidifiers and any other appliances specified in Minnesota Waste Management Act amendments. (2) The city will establish a collection and disposal program for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, aparhnent buildings, or other structure utilized for dwelling purposes within the city must use the major appliance program made available by contract by the city. (I) 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 udder this section and shall constitute an offense punishable under this division. (J) Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes ~~~ithin 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. (K) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possesso-y interest in any estate where violations of the provisions of this section exist, upon conviction thereof, shall be punished as provided in ~ 1.999. ('77 Code, ~ 8.301) (Am. Ord. 1181, passed 3-27-89; Am. Ord. 1231, passed 9-9-91; Am. Ord. 1334, passed 11-25-96) CITY COUNCIL LETTER Meeting of: 3/01/2010 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: AMENDMENTS TO THE TREE ORDINANCE: BY: K. Hansen BY: Chapter 4 of the City Code DATE: 2/25/2010 DATE: Background: The Public Works department administers the tree maintenance program in the City of Columbia Heights, which consists of tree trimming, disease eradication and replanting throughout the City. New diseases, such as the Emerald Ash Borer, are present in nearby communities and will threaten much of the ash trees the City has on both Public and Private properties. Our cun•ent ordinance addressing tree care is found in Chapter 4 of the City code under Municipal Services. The League of Minnesota Cities (LMC) has also updated their model Shade Tree Ordinance to account for new pest threats and recent private property access issues in the Metro area. Staff is recommending updating Chapter 4.201 of our City code based upon LMC model ordinance recommendations. This ordinance was last amended in 1992. Analysis /Conclusions: Attached is a pdf copy of the existing Tree and Weed Services ordinance, sections 4.201, 4.202 and 4.203, consisting of 4 pages. Staff is not proposing any changes to section 4.203 -Weed Removal in this ordinance revision. Attached is a proposed ordinance revision consisting of 8 pages. The basis of the ordinance amendments is the LMC Model ordinance and recommendations by City staff based upon experience with the tree management and care program. The following modifications have been made to the existing ordinance -new language is highlighted in red: • Section A - a policy definition was added. • Section B - a definition of tree pest using MN Statute 89.001 was added. • Section C -definition and responsibility of `tree inspector' was added. • Section D -tree disease types defined as public nuisances was added. • Section E3 -Ash tree was added • Section F -public nuisances, as defined, declared unlawful was added. • Section G -Authorizes the City Forester to enter private property for the purposes of inspecting and/or enforcing the ordinance. • Section H -Abatement procedures, for trees defined as a nuisance under the ordinance was added. • Section I -reporting procedures for trees defined as a nuisance was added. • Section J -any person, firm, or corporation providing tree care must register with the MN Dept of COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/01/2010 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: AMENDMENTS TO THE TREE ORDINANCE: BY: K. Hansen BY: Chapter 4 of the City Code DATE: 2/25/2010 DATE: Agriculture was added. • Section K -abatement process, in accordance with the Dept of Agriculture or by DNR requirements, for trees declared a nuisance was added. • Section L -n a section for abating high cost trees was added. • Section M/ - an appeal process for an abatement notice was added, along with the tlu-eat of imminent danger. • Section O -the process for cost recovery by the City for abatement was added. • Section P/Q - a penalty and severability section, consistent with other City code sections was added. The proposed ordinance amendments was based upon LMC recommendations, to address new pest threats (Emerald Ash Borer), and to strengthen the administration of the tree management program and maintain and improve the health of our urban forest. RECOMMENDED MOTION: Review and discussion prior to scheduling a first reading of the proposed ordinance amendment to Chapter 4: Municipal Services of the City code. COUNCIL ACTION: Columbia Heights, MN Code of Ordinances CHAPTER -1: MUNICIPAL SERVICES ARl~ICLE [I: TREE AND ~~'EED SERVICES ARTICLE 11: TREE AND WEED SERVICES Section -1-.201 Removal of diseased, dead or hazardous trees =1.202 Disease control, planting and routine removal 4?(1 ~ Weed removal § 4.201 REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES. (A) The Forester or his official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below-described conditions: (1) Living or standing elm trees or parts thereof which are infected with the Dutch Elm disease fungus Ceratocystic Elmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multis Triatus (Eichh) or Hylurgopinus Rufipes (Marsh). (2) Living or standing oak trees or parts thereof which are infected with Oak Wilt Disease fungus Ceratocyrstris Fagacearum. (3) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester or any destructive or communicable disease or insect infestations. (4) Any diseased dead tree or part thereof, including limbs, branches, stumps, firewood, or other oak, elm or wooden material which has not been removed and burned or sprayed with an effective and appropriate insecticide or fungicide. (5) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less than eight feet above the surface of the street, sidewalk or alley, or a tree that poses a threat to safety. (B) The Forester shall notify the property owner by certified mail of any of the above named conditions which creates an imminent danger of other trees or to public safety. If the owner is not in possession of the property, then a copy shall also be sent by first class mail to the lessee, occupant, or agent of the owner on the premises. (1) The notification shall require abatement of such condition within 20 days Existing Ord_Tree and Weed Sewices_Chapter 4 - 1/5- 25 February ?010 fi•om the date of mailing of notice. (2) The Forester may abate said condition upon the expiration of 20 days. The Council hereby authorizes the assessment of unpaid special charges for such abatement against such property. (3) The Forester shall also follow the procedure prescribed herein upon direction of the Council, when said condition does not create an imminent danger to other trees. (' 77 Code, ~ 4.201) (Am. Ord. 1248, passed 7-13-92) § 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL. (A) Whenever the Forester determines that any tree or wood within the city is infected with disease, he may use appropriate disease control methods on all the nearby high value trees, in accordance with methods and procedures prescribed by the Commissioner of Agriculture. Notice shall be provided under this section in the manner prescribed for abatement. (B) The Forester shall maintain trees on public streets, parks, boulevards and other public properties to facilitate the safe passage of pedestrian and vehicular traffic. (C) No person shall plant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission from the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards: (1) No more than one tree shall be planted for each 40 feet of property frontage. (2) No boulevard trees shall be planted measuring less than two and one-half inches in diameter of trunk one foot above the ground. (3) No trees may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line or gas line, or over or within five lateral feet of any sewer line, transmission line or other utility. (4) No trees may be planted midway between the existing curb and sidewalk without the approval of the City Forester. In areas where curb and sidewalk do not exist, no tree may be planted closer than three feet from the projected curb line. (5) No tree shall be planted closer than 30 feet of any street corner, measured from the point of nearest intersecting curbs, or curb lines. No tt•ee shall be planted closer than ten feet of any fire hydrant. (6) No person, firm, or city department shall top any public tree. Topping is detuled as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subdivision at the determination of the City Forester. (7) No tree stumps shall remain on any property. Al( stumps of trees shall be Existing Ord_Tree and Weed Services_Chapter 4 - 2/~- 25 February 2010 removed or buried to a minimum of four inches below the surface of the ground including root extension to at least two feet from the outer edge of the stump. An exception may be granted for inaccessible areas as determined by the City Forester. (D) The City Forester shall locate, select and identify any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement. (E) The city shall have the right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and rights-of--way. (F) No person except the City Forester, his agent, or a contractor hired by the city may plant, remove, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The person obtaining the written permission shall abide by the standards set forth in this section. (G) The City Tree Board shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of public trees and shall have full power and authority over all public and private trees that constitute a hazard or threat as described herein. (H) When the development of private and/or commercial property occurs, the Planning and Zoning Commission, City Engineer, and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and/or subdivided. (I) A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in ~ 1.999. Each day that a violation exists shall constitute a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation or death of a public tree located on city owned property is caused, the cost of repair of replacement of such tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of ``A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens," as published by the International Society of Arboriculture. ('77 Code, § 4.202) (Am. Ord. 1248, passed 7-13-92) § 4.203 WEED REMOVAL. (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or Existing Ord_Tree and ~~~eed Sewices_Chapter 4 - 3/5- 25 February 2010 are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be set•ved personally or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/property for costs. (C) For properties for which there have been one or more notices issued within the prior 12-month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12-month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. OWNER The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. ('77 Code, ~ 4.203) (Or•d. 1511, passed 6-12-06; Arn. Ord. 1544, passed 5-12-08) Disclaimer This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. Existing Ord_Tree and weed Services_Chapter 4 - 4/5- 25 February 2010 For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445- 5588. © 2010 American Legal Publishing Corporation techsupport(a~amlegal.com 1.800.445.5588. Existing Ord_Tree and Weed Seivices_Chapter d - 5/5- 25 February 2010 ARTICLE II TREE AND WEED SERVICES Section 4.201 Removal of diseased, dead or hazardous trees 4.202 Disease control, planting and routine removal 4.203 Weed removal 4.201 REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES A. Declaration of Policy. The health of the trees in the city is threatened by shade tree pests, and the loss or ill health of trees GrowinG upon public and private property substantially depreciates the value of property within the city and impairs the safety, mood order, General welfare and convenience of the public. In addition to and in accordance with Minn. Stat. $S 89.001. 89.01, and 89.51-64. the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. B. Declaration of shade tree nest. The Council may by ordinance declare any vertebrate or invertebrate animal. plant pathogen. or plant in the community threatening to cause significant damage to a shade tree or community forest, as defined by Minn. Stat. ~ 89.001. to be a shade tree pest and prescribe control measures to effectively eradicate. control, or manage the shade tree pest, including necessary timelines for action. C. Tree Inspector. The Council may appoint a Forster and or tree inspector to coordinate the activities of the city relating to the control and prevention of damage by shade tree pests. The Forester and or tree inspector will recommend to the Council the details of any program for the declaration, control, and prevention of shade tree pests. The Forester and or tree inspector is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term "tree inspector" includes person designated by the Council or the Forester to carry out the activities authorized in this section. D. Public Nuisances Defined. The following are public nuisances whenever they may be found within the City. 1-. The Forester or his official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below- described conditions: I) Living or standing elm trees or parts thereof which are infected with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the ehn back beetles Scolyhls multistciatus (Eich) or Hylucgopinus rufipes (Marsh). 2) Living or standing oak trees or parts there of which are infected with Oak Wilt Disease fungus Ceratocystis fagacearum. 3) An 1~U or dead ash (Fraxinus spp.) tree or part thereof infected to any decree with the insect Emerald Ash Borer, A~rilus planipennis Fairmaire (Coleot~tera: Bunrestidae~ 4) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester or any destructive or communicable disease oc insect infestations. _~) Any diseased dead tree or part thereof, lllcludlllg limbs, bl'allcheS, stumps, firewood, or other oak, elm, ~zslt or wooden material which has not been removed and burned c,i , ^"~a ::~:*!: ~.. °ff__*._"p ,,.,a *~ ^*~ ;~~ • ~,agi:,ido. other«~isc cffccti~~el~• treated so as tu_de~trov and~~revent as [`ull~~ as possible the spread of communicable disease or insect infestation. 6) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic signs, the free passage of pedestrians, or vehicles, or a tree or any part thereof that is less than eight feet above the surface of the sidewalk, street or alley, or a tree that poses a threat to safety. F. It is unlawful for any person to~ermit andpublic nuisance as det7ned in this Subdivision on anypremises owned or controlled by him within the City. Such nuisances shall be abated in the manner prescribed by this Section. G. Inspections and application of control measures. 1) The Forester or his official re~l•esentative may enter upon private premises at reasonable times and reasonable hours for the purpose of carrying out any of the duties assigned to them under this chapter. 2) All premises and places within the city shall be inspected as often as practicable to determine whether any condition declared in 4.201 to be a public nuisance exists thereon. All reported incidents of infection by Dutch elm fungus the presence of elm bark beetles. of infection by the oak wilt fungus or the presence of Emerald Ash Bore shall be promptlyinvestigated. Dia6nosis may be by the presence of convnonly recognized symptoms: by tests as may be recommended by the commissioner of the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of Natural Resources, or other reliable means. 3) No person firm or coloration shall interfere with the tree inspector or with anyone acting under the tree inspector's authority while engaged in activities authorized by this section. H. Abatement of shade tree pest nuisances. In abating a nuisance defined by ordinance under section 4.201, subdivision D, the organism'condition plant tree wood or material identified as injurious to the health of shade trees shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree hest Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed by subdivision 9. Reporting discovery of shade tree pest. Any owner or occupier of land or anyperson engaged in tree trimming or removal who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined under subdivision 4. shall report the same to the city. Registration of tree care firms_ Andperson firm or corporation thatprovides tree care, tree trimming, or removal of trees. limbs, branches, brush, or shrubs for hire must be registered with the Minnesota commissioner of Agriculture under Minn. Stat. ~ 18G.07. K. Standard abatement procedure. Except as provided in subdivisions 11 and 12, whenever a tree inspector determines with reasonable certainty that a public nuisance, as described by this ordinance is being maintained or exists on premises in the city, the tree inspector is authorized to abate a public nuisance according to the procedures in this subdivision ~ r r ~ ~ b f b-1~7-- Tr~c-l-a~s rt}a{-I-te-~h~--le~sg , .,, ~~~1,~ „ , ~~,~ ~~ 1) The forester will notify in writing the owner of record or occupant of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice -nay be given in person or by mail. Failure of an~part~to receive the mail does not invalidate the service of the notice. A cow of the notice shall be filed with the city clerk. _' i The notification shall require abatement of such condition within 20 days from the date of the mailing of the notice. 3) Abatement procedures shall be carried out in accordance with the current technical and expert methods an~lans as may be designated b~he Commissioner of Agriculture of the State of Minnesota or by the Commissioner of Natural Resources of the State of Minnesota. (1) The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the city at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance, and provide a reasonable amount of time to abate the nuisance. The notice will also state that the owner has the right to a~•~~eal the determination that a public nuisance exists by submitting a request in writing to the city clerk prior to the expiration of the date by which the nuisance must be abated as set forth in the notice. (2) If no timely appeal is submitted. and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted. the Forester or designated person shall have the authority to obtain permission or an administrative search warrant, enter the property. and CarrL ahat~ment in accordance with the notice of abatement. .~ o ~., .J., ,. +„ „+I,o,. +..oo~ ~b~ High-cost abatement. If the tree inspector determines that the cost of abating a nuisance will exceed $5.000 based on a reasonable, good faith estimate, the written notice referred to in subdivision 9 must provide that ifthe nuisance is not abated within the reasonable amount of time provided. the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. M. Anneal procedure. If the city clerk receives a written request for a hearing on the question of whether a public nuisance exists prior to the expiration of the date by which the nuisance must be abated as set forth in the notice. the Citv Council shall hold a hearing. At least three (3) days notice of the hearing shall be given to the individual who made the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner. agent of the owner occupant and lien holder of the subiect propert~of properties in attendance. if any shall be given the opportunity to Qresent evidence at the hearing. After holding the hearing. The City Council may issue and order requirin:; abatement of the nuisance. N. Abatement procedure in event of imminent danger. 1) If the tree inspector determines that the danger of infestation to other shade trees is imminent. and delay in control measures ma}~ put public health. safety, or welfare in immediate danger, the tree inspector may provide for abatement without following subdivision 9 or 10. The tree inspector must reasonably attempt to notify the owner or occupant of the affected propert off the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. 2) Nothing in this section shall~revent the city. without notice or other process. from immediately abating any condition that poses an invninent and serious hazard to human life or safety. O. Recovery of cost of abatement; liability and assessment. 1) The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement. including administrative costs. As soon as the work has been completed and the cost determined the city clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereu~~on the amount shall be immediately due and payable at the office of the city clerk. 2) After notice and hearing as~rovided in Minn. Stat. S 429.061 (which may be amended from time to time). the city clerk shall, on or before Sept. 1 nest following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under Minn. Stat. ti 429.101 against each separate lot orparcel to which the charges are attributable. The city council may then certifythe charges against the property to the county auditor for collection along with current tales the following year or in annual installments as the city may determine in each case. P. Penalty. 1) Andperson. firm, or corporation that violates anv provision of this section shall, upon conviction, be guilty of a misdemeanor. The penalty, which may be imposed for any crime that is a misdemeanor under this section, including Minnesota Statutes specificall~pted by reference, shall be a sentence of not more than 90 days. or a fiine of not more than $1.000 or both. 2) won conviction of a misdemeanor. the costs of prosecution may be added. A separate offense shall be deemed conui~itted upon each day durine which a violation occurs or continues. 3) The failure of any officer or employee of the city to perform any official duty imposed by this section shall not subject the officer or employee to the penalty imposed for a violation. 4) in addition to andpenalties provided for in this section. if any person, firm, or corporation fails to comply with andprovision of this section. the City Council or any official desienated by it may institute appropriate proceedings at law or equity to restrain, correct, or abate the violation. Q. Severability. Should anypart or provision of this ordinance be declared by a court of competent jurisdiction to he invalid. the same shall not affect the validit o~ f the ordinance as a whole or anv part thereof other than the part held invalid. 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL A. Whenever the Forester determines that any tree or wood within the city is infected with disease, he may use appropriate disease control methods on all the nearby high value trees, in accordance with methods and procedures prescribed by the Commissioner of Agriculture of the State of Minnesota or tl~~. ~ ~~;~;i»is~;ii>>>~r eel \tittll'~l~ ~~~~c~Ul'CC5 ~~~ I~1C ~>Ial~' ~ 1 \jiltl'~'~~~l~i. NOtlce Shall be pl'OVlded Undert111S section in the manner prescribed for abatement. B. The Forester shall maintain trees on public streets, parks, boulevards and other public properties to facilitate the safe passage of pedestrian and vehicular traffic. C. No person shall plant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission from the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards. 1) No more than one tree shall be planted for each 40 feet of property frontage. ,~ ,- 3) No trees may be planted udder or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line or gas line, or over or within five lateral feet of any sewer line, transmission line or other utility. 4) No trees may be planted midway between the existing curb and sidewalk without the approval of the City Forester. In areas where curb and sidewalk do not exist, no tree may be planted closer than three feet from the projected curb line. 5) No h•ee shall be planted closer than 30 feet of any street corner, measured from the point of nearest intersecting curbs, of curb lines. No tree shall be planted closer than ten feet of any fire hydrant. 6) No person, firm, or city department shall top any public tree. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires, tr~~~°s iin~~~lt.iin~~_ .;~~rc_;~ In uiilit~ ~:,~st_~m~nt~:;, or other obstructions where other pruning practices are impractical may be exempted from this subdivision at the determination of the City Forester. 7) No tree Stumps shall remain on any property. All stumps of trees shall be removed or buried to a minimum of four inches below the surface of the ground including root extension to at least two feet from the outer edge of the stump. An exception may be granted for inaccessible areas as determined by the City Forester. D. The City Forester shall locate, select and identify any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement. E. The city shall have the right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and rights of way. F. No person except the City Forester, his agent, or a contractor hired by the city may plant, remove, spray or otherwise treat public trees without first obtaining written permission fi•om the City Forester. TIIe person obtaining the permission shall abide by the standard set forth in this section. G. The City Tree Board shall have the power to promulgate and enforce rules, regulations and specifications concerning the h•imming, spraying, removal, planting, pruning and protection of public trees and shall have full power and authority over all public and private trees that constitute a hazard or threat as described herein. H. When the development of private and/or commercial property occurs, the Planning and Zoning Commission, City Engineer and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and /or subdivided. A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in ~ 1.999. Each day that a violation exists shall constitute a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation, or death of a public tree located on city owned property is caused, the cost of repair of replacement of such tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens," as published by the International Society of Arboriculture. CITY COUNCIL LETTER Meeting of: 3/01/2010 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: SIX CITIES WATERSHED MANAGEMENT BY: K. Hansen BY: ORGANIZATION: Revised Joint Powers Agreement (JPA) DATE: 2/25/2010 DATE: Background: The Six Cities Watershed Management Organization was formed on December 30, 1983 through a Joint Powers Agreement under the authority confen•ed to the member parties in 1982 through the Metropolitan Surface Water Management Act. The cities are comprised of Blaine, Columbia Heights, Coon Rapids, Fridley, Hilltop and Spring Lake Park. Approximately 90 percent of the land area of Columbia Heights is in the Six Cities WMO. See attached location map. The WMO Plan was last updated and approved by all member cities in 1998. As required by Minnesota Statutes, the WMO must update its Plan at least every 10 years, and make any necessary changes to the JPA. Analysis /Conclusions: The WMO completed an update (3"~ generation) to the Six Cities Water Management Plan in 2009 which requires an amended Joint Powers Agreement. The Plan provides that the Six Cities WMO has historically left planning and capital improvements up to the individual member cities. The WMO instead has focused on water quality initiatives and promoting educational resources and opportunities and stone water issues involving more than one member city. The Board of Soil and Water Resources (BWSR) has been contacting WMO organizations to review 2007 legislative changes with the WMO Boards. These changes are focused on monitoring the performance and activities of local water management entities and establishing Plan standards. BWSR has clearly indicated that the WMO will need to have significant modifications to the plan based on 2007 legislation and their interpretation of the Rules (Statute 1038 and MN Rules 8410). WMO Board members and staff are currently meeting with and are responding to BWSR directives on the 3`d Generation Plan. The WMO's legal council and BWSR staff has reviewed the JPA and the following modifications have been made to comply with regulatory requirements and BWSR staff comments: • Section 1.2 -definitions c, d, & g were added. • Section 2.9 -Board meetings time, place and purpose have been more clearly identified. • Section 2.1 1 -the duration of the JPA Agreement was added. • Section 3.4 -section on committees was rewritten to include provision for Citizen Advisory Committee (CAC). • Section 5.1 -notice to Anoka County and BWSR was added. Surface water management has changed significantly since the WMO was established 25 years ago. Rules have become much more complex, involved and are constantly changing. An original intent of the WMO was to keep the storm water planning, including capital expenditures within each member city. The updated WMO 3`~ Generation Plan will presented at a firturere council meeting once the regulatory agency comments have been addressed. RECOMMENDED MOTION: Move to approve the updated Joint Powers Agreement for the Six Cities Watershed Management Organization. COUNCIL ACTION: v r - < - o ~ ~-a , 10 ° za d:. ° ~ -. - - ° o o I 10 •e 4 3 ` u . ~./ a //~,J1~`~// 610 1+..,-~ 0 6` ° p ~',° o ~ ° 51 ~ 1 1,I 610 ~ ° - - 61d \ ° - -- ~ y ~ '3 ~ o, 0 o O .° c3 ~ o, o ~° o0 o zs ° 0 vD °1 0 Legend Q ° Watershed District '" ~°~ . Six Cities WMO ~ 65 •°8~ <~ e4 ~ LOWER RUM RIVER WMO • ~ ~ °°~ p o~ Rice Creek °~j ~' 10o i ~ f ~ ~.~ ~ Coon Creek ~~°- Municipality 65 ° O Blaine ~ ° - a~ a o D O Columbia Heights ~ P ~ O Coon Rapids ~ O Fridley 65 O Hilltop ^' O Spring Lake Park 0 2,500 5,000 10,000 Feet e O J 35i5VAC+lAiSCENTERC4 P~ojed 51XNTA07U100 WATERSHED BOUNDARY Fi ure ST. PAUL. LIN ESNp Print Dafe 1 217 020 00 PHO'IE (E51) CEO-M']1 ~ `ns65E'~~~~ - ~,u~.=~~~_===~u~tz SIX CITIES WATERSHED SEH ~°"°""~"°m ~~~~~°°~-~ .~R<, MANAGEMENT ORGANIZATION 2 SEH 2U9 RESTATED JOINT POWERS AGREEMENT Originally adopted: December 30, 1983 Amended: 1\~Iay 20, 1994 Amended: 1998 THIS AGREEMENT entered into as of the date of execution by and behveen the Cities of: BLAINE COLUMBIA HEIGHTS COON RAPIDS FRIDLEY HILLTOP SPRING LAKE PARK for the establishment of a watershed management organization. WHEREAS, the cities to this Agreement have authority pursuant to Minnesota Statutes, Section 471.59 to jointly or cooperatively by agreement exercise any powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B; and WHEREAS, the cities bound into this Agreement desire to jointly manage the programs required by Minnesota Statutes Chapter 103: NOW THEREFORE, the parties to this Agreement do mutually agree as follows: SECTION I GENERAL PURPOSE 1.1 It is the general purpose of the parties to this Agreement to establish an organization to jointly and cooperatively develop a Watershed Management Plan and a Capital Improvement Program for the purposes of preserving and using natural water storage and retention systems in order to (a) reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of runoff; (b) improve water quality; (c) prevent flooding and erosion from surface flows; (d) promote groundwater recharge; (e)protect and enhance fish and wildlife habitat and water recreational facilities; and (f) secure the other benefits associated with the proper management of surface water. 1.2 Definitions: The following terms and words are defined for use in this Agreement: (a) City - a municipality which enters into this Agreement. (b) Governing body - the elected officials of the City entering into this Agreement. (c) Organization -the Six Cities Watershed Management Organization. (~_il Subdistrict - ~! s~}~~11~~1te h~~clr~~l~~~~~ic unit. (e) Improvement -construction projects which are either designed or affect the surface water flow and/or quality. (f) Member - representative of a city appointed in accordance with this agreement to serve in the organization. (~~) Alternate -the alternate representative of a city appointed in accordance with this agreement to serve in the organization in the event the appointed member is unable to serve. (h) Party - a city which executes and enters into this Agreement. (I) Shall - is mandatory and not directory. SECTION II SIX CITIES WATERSHED MANAGEMENT ORGANIZATION 2.1 Establishment: (a) There is hereby established the "Six Cities Watershed Management Organization" whose membership shall be appointed in accordance with the provisions of this section and whose duties shall be to carry out the purposes contained herein. (b) The Six Cities Watershed Management Organization shall be the parent organization for the six subdistricts identified as Coon Rapids West which includes Coon Rapids; Pleasure Creek II1CIudlllg Blaine and Coon Rapids; Spring Brook Creek including Blaine, Coon Rapids, Fridley and Spring Lal<e Park; Stonybrook Creek including Fridley and Spring Lake Park; Oak Glen Creek including Fridley and Spring Lake Park; and CFH South including Colwnbia Heights, Fridley and Hilltop as identified in Exhibit "A". (c) The Organization shall notify the Board of Water and Soil Resources of member appointments and vacancies in member positions within thirty (30) days. The governing body of each party shall fill vacant positions within 90 days after the vacancy occurs. (d) The governing body of each party shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the Watershed Management Organization area. The notices must state that persons interested in being appointed to serve on the Watershed Management Organization may submit their names to the governing body of each party for consideration. Published notice of the vacancy must be given at least fifteen (15) days before an appointment or reappointment is made. (e) The governing body of each party may remove appointed members of the Watershed Management Organization for just cause. (f) The Six Cities Watershed Management Organization, hereinafter referred to as the "Organization", shall be constituted as desc-•ibed in Section 2.2. 2.2 Membership Appointment: (a) The governing body of each party to this Agreement shall appoint one representative to serve as a member of the Organization. Each member shall have one vote. Membership in or representatives to the Organization shall be evidenced by resolution of the governing body of each party, filed with the Organization. (b) The appointed member of the Organization shall also be the designated member to the appropriate subdistrict. 2.3 Alternate Members: One alternate member to the Organization shall be appointed by appropriate resolution of the governing body of each party to this Agreement and filed with the Organization. The alternate may attend any meeting of the Organization and, where the regular member is absent, vote on behalf of the party the member represents. If an Organization member is also an officer of the Organization, the alternate shall not be entitled to serve as such officer. 2.4 Term: The members of the Organization shall not have a fixed term but shall serve at the pleasure of the governing body of the party appointing such member to the Organization. 2.5 Vacancies: A vacancy in the Organization shall be filled by the governing body of the party whose membership position in the Organization is vacant, within ninety (90) days after the vacancy occurs. 2.6 Compensation and Expenses: The Organization members shall not be entitled to co-npensation or reimbursement for expenses incurred in attending meetings, except to the extent that the governing body of a party might determine to compensate or reimburse the expenses of the member it appoints, in which case the obligation to make such payments shall be that of the party not that of the Organization. 2.7 Officers. Tl1e Organization shall elect fi•om its membership achair, avice-chair, a secretary and a treasurer and such other officers as it deems necessary to reasonably carry out the purposes of this Agreeme-rt. The chair shall preside at all meetings of the Organization and shall exercise other duties conferred upon him by the Organization. The vice-chair shall perform all of the duties of the chair in case of the disability or absence of the chair and shall have such other duties as conferred upon him by the Organization. The secretary shall keep minutes of all meetings of the Organization, preserve all documents and records of the Organization, perform such necessary general correspondence as directed by the Organization, and such other duties as conferred upon him by the Organization. The treasurer shall sign all receipts and vouchers on behalf of the Organization, shall keep a full and accurate record of all funds received and paid out on behalf of the Organization, shall make his records open, at all reasonable times, to the inspection of any member by the Organization, shall initiate the annual financial audit for the Organization, and upon the election of his successor, he shall deliver all records and foods to his successor. All such officers shall hold office for a term of one year and until their successors have been elected and qualified by the Organization. An officer may serve only while a member of the Organization and may be re-elected to an office. A vacancy in an office shall be filled from the membership of the Organization by election for the remainder of the unexpired term of such office. 2.8 uorum: A majority of all voting members to the Organization shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 2.9 Meetings: (a) Meetings of the Organization board will be scheduled as needed, with the annual meeting normally held on the third Thursday of January at 1:30 p.m. at Blaine City Hall. At the annual meeting the board, at a minium, shall: Elect officers for the next fiscal year; 2. Establish the annual budget and work plan; Hear recommendations on amendments to this agreement and the watershed management plan; 4. Biennially renew or decide on contracts for professional, legal and administrative services; Decide on monthly meeting dates; and Conduct such other business as necessary. ~l (b) Special meetings may be held at the call of the chair or by any three (3) members of the board giving not less than 72 hours written notice of the time, place, and purpose of such meeting delivered or mailed to the residence of each Organization member. (c) All meetings of the board are subject to Minnesota Statues, Section 471.705 and the notice provisions contained therein. Posted notice, when required, shall be given separately by each party to this Agreement. 2.10 Organization Office: The office of the Organization shall be determined by the Organization on an annual basis. All notices to the Organization shall be delivered or served at said office. 2.11 Duration: This Agreement shall continue in effect until rescinded or terminated as provided herein. SECTION III POWERS AND DUTIES 3.1 Upon execution of this Agreement by the parties, the Organization shall have the authority as follows: (a) The authority to prepare and adopt a Watershed Management Plan meeting the requirements of Minnesota Statutes, Section 103B.231. (b) The authority to review and approve local water management plans as provided in Minnesota Statutes, Section 103B. 235. (c) The authority of a Watershed District wider Minnesota Statutes, Chapter 103D, to initiate and complete capital improvement projects and regulate the use and development of the land when issues cannot be resolved at the subdistrict level. (d) Other powers necessary to exercise the authority under clauses A through C including the power to eater into contracts for the performance of functions with governmental units or persons. 3.2 Subdistricts: (a) Each member of a subdistrict shall advise the other members within the subdistrict of any changes to the Local Watershed Management Plan or changes in land use or zoning IIlVOIVIng more than Olle aCl'e. Responses W111 be submitted within ten (10) days. Failure to respond shall imply approval. 5 (b) The members of the subdistricts shall attempt to resolve any disputes involving the Watershed Management Plan. If the issue cannot be resolved, it will be presented to the Organization for decision in accordance with the provisions of Section 3.6 of this Agreement. (c) Disputed changes involving watershed management issues shall not be consummated until the dispute is resolved. 3.3 Emplo. nom: The Organization may contract for services, may utilize existing staff of the parties, and may employ such other persons as it deems necessary. The Organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an Annual Services Agreement as provided by Minnesota Statutes, Section 103B.227, Subd. 5. Where staff services of a party are utilized, such services shall not reduce the financial connnitment of such party to the operating fund of the Organization. Where the utilization of staff services is substantial, such services shall reduce the financial commitment of such party when the Organization so authorizes. 3.4 Committees: The Board may appoint such committees and subcommittees composed of citizens ~l~ n~~~decl to provide for public participation and input in watershed activities and the responsibilities of Six Cities Watershed Management Organization. Such citizen committees shall be advisory. The Watershed Management Organization will specify the purpose and duration of the citizen advisory committee. At the time of establishment of the citizen advisory committee, the Watershed Management Organization will appoint a chair of the citizen advisory committee, a board member liaison to the citizen advisory committee, and specify support the Watershed Management Organization will provide the citizen advisory committee. 3.5 Rules and Regulations: The Organization may prescribe and promulgate such rules and regulations as it deems necessary or expedient to carry out its duties and the purposes of this Agreement. 3.6 Review and Recommendations: (a) Where the Organization is authorized or requested to review, make recommendations, and/or resolve any matter, the Organization shall act on such matter within sixty (60) days of receipt of the matter referred, unless the Organization requests and receives from the referring party an extension of time to act on the matter referred. If the matter involves works of improvement projects, the Organization may establish a time limit for resolution to allow for appropriate engineering review and analysis. (b) Where the Organization makes recommendations or decisions on any matter to a party, the governing body of a party choosing not to act in accordance with such reconunendations or decisions shall submit a written statement of its reasons for doing otherwise to the Organization within twenty-one (21) days of the Organization's action. The Organization shall review the written statement and affirm or modify its recommendations or decisions within 6 twenty-one (21) days after receipt of the written statement. (c) The decisions of the Organization shall be determined by a majority vote. 3.7 Financial Matters: Subdivision 1 -Method of Operation: (a) The Organization may tax and receive money, in equivalency thereof, from the parties in accordance with Minnesota Statutes, Sections 103B.205 to 103B.231, at the discretion of the parties and said funds shall be due and payable on the date that taxes would normally be received by the Organization. (b) The Organization may apply for and receive funds from any other source it may approve. (c) The Organization may incur expenses and make expenditures and disbursements necessary and incidental to the effectuation of the pu-poses of this Agreement. Funds may be expended by the Organization in accordance with procedures established herein. (d) Orders, checks and drafts shall be signed by the chair or vice-chair and the treasurer. Other legal instruments shall be executed on behalf of the Organization by the chair and secretary. Subdivision 2 - Operating Funds: On or before July 1st of each year, the Organization shall prepare an operating budget for the following year for the purpose of providing funds to operate the Organization's business. Annual administrative expenses shall be budgeted and borne by each party in proportion to its current assessed valuation tinder the jurisdiction of the Organization as compared to the assessed valuation of all property under the jurisdiction of the Organization. The budget shall be recommended to the parties for ratification only upon majority approval of all voting members of the Organization. After approval by majority of the parties, the Secreta-y shall certify the reconunended budget to the County Assessor on or before September 1st of each year. The Organization shall receive the amount owing through taxes unless a city requests separate billing, whereby the Organization shall notify the County Assessor of this change and obtain payment in tw%o equal installments; the first on or before .Ianuary 1st and the second on or before July 1st in accordance with the tax year for which the amount due is being paid. Subdivision 3 -Cost for Review Services: (a) When the Organization is authorized or requested to undertake a review, Sllbllllt recommendations to a party or resolve an issue as provided in this Agreement, the Organization shall conduct such review, without charge, except as provided below. (b) Where the project size and complexity of review are deemed by the Organization to be extraordinary and substantial, the organization may charge a fee for such review services, the amount to be based upon direct and indirect costs attributable to that portion of review and services determined by the Organization to be extraordinary and substantial. Where the Organization determines that a fee will be charged for extraordinary and substantial review services, the party to be charged shall receive written notice from the Organization of the services to be performed and the fee therefor, prior to undertaking such review services. (c) Unless the party to be charged objects within twenty-one (21) days of receipt of such written notice to the amount of the fee to be charged, such review services shall be performed and the party shall be responsible for the cost thereof. If the party to be charged objects to the proposed fee for such services within twenty-one (21) days and if the party and the Organization are unable to agree on a reasonable alternative amount for review services, such extraordinary and substantial review services shall not be undertaken by the Organization. 3.8 Annual Accounts: The Organization shall make full and complete financial accounting and report to each party annually. All of its books, reports and records shall be available for and open to examination by any party at all reasonable times. 3.9 Gifts. Grants. Loans: The Organization may, within the scope of this agreement, accept gifts, apply for and use grants or loans of money or other property from the United States, the State of Minnesota, a unit of government or other governmental unit or organization, or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewith; shall comply with any laws or regulations applicable thereto; and shall hold, use and dispose of such money or property ill accordance with the terms of the gift, grant, loan or agreement relating thereto. 3.10 Contracts: The Organization may make such contracts and enter into any such agreements as it deems necessary to make effective any power granted to it by this Agreement. Every contract for the purchase or sale of merchandise, materials or equipment by the Organization shall be let in accordance with the Uniform Municipal Contracting Law, Minnesota Statutes, Section 471.345 and the Joint Exercise of Power Statute, Minnesota Statutes, Section 471.59. No member or employee of the Organization or Officer or employee of any of the parties shall be directly or indirectly interested in any contract made by the Organization. 3.1 1 Works of Improvement: (a) All capital improvement projects affecting the adopted Watershed Management Plan shall be reviewed by the Organization to insure they are not in conflict with the Plan. The Organization shall act on said projects within sixty (60) days. Ratification of capital improvement projects shall be consistent with Minnesota Statutes Section 103B.211, Subd. 1(c). (b) Projects for protection and management of the natural resources of the Watershed Management Area, including but not limited to, improvements to property, land acquisition, easements or rights-of--way, may be initiated by: Subdistricts in which the improvement is located; or 2. Recommendation of the Organization to a party or parties; or 3. Petition to the Organization by the governing body of a party or parties. (c) When projects are recommended by the subdistrict, the parties involved with each subdistrict shall endeavor to develop and agree on any projects including the extent of the project and the financing. 1. If agreement is reached, one or the other of the parties shall design and cause such work to be done and certify said costs to the Organization for certification to the County and/or billing to the parties including engineering costs, if so agreed upon. 2. If agreement cannot be arrived at amongst the subdistrict parties, said project may be appealed to the Organization for resolution in accordance with the provisions of Section; 3.6 of this Agreement. (d) When projects are recommended by the organization, and it determines that the benefits from the improvement will be local, or not affect properties outside the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to the party which the organization determines will be benefitted thereby, with the total estimated cost of the improvement and a description of the benefits to be realized by said party. 9 (e) Wheel projects are recommended by the Organization, and it determines that benefits from the improvement will be subdistrict wide or realized beyond the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to each party which the Organization determines will be benefitted thereby. The recommendation of the Organization shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each party and the portion of the cost to be borne by each party in accordance with the extent of the benefit to each party as described by the organization. 1. Each party to whom the Organization submits such recommendation shall respond within twenty-one (21) days from receipt of such recommendation. 2. All parties to whom such recommendations are directed shall ratify and undertake said improvement, or the Organization shall resolve the issues in accordance with the provisions of Section 3.6 of this Agreement. (f) When projects are initiated by the governing body of a party or parties to this Agreement, said party or parties shall submit a petition to the Organization setting forth a description of the proposed project, the benefits to be realized by said improvement, its total estimated cost and a proposed cooperative method for implementation of the improvement, if applicable. The Organization shall review and make recommendations on the proposed improvement and its compliance with the Organization's management plan in accordance with the provisions of Section 3.6 of this Agreement. (g) When a proposed improvement may be eligible for federal or state funds as a cost- shared project, the Organization may apply for said funds subject to the Organization's ratification by two-thirds (2/3rds) of the members. (See Minnesota Statute, Section 103B.211(1) (C). (h) The Organization is fiu•ther authorized to undertake experimental improvement projects within the Area to serve as a basis for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, it shall follow the procedure outlined in Sectio~l 3.11(e). 10 3.12 Maintenance of Improvements: (a) The Organization shall levy taxes for the maintenance of facilities within the jurisdiction of one of the parties upon request of the governing body of said party. In addition, upon agreement by the parties within a subdistrict, in any mamler agreed upon by said parties, the Organization shall levy taxes within the subdistrict as requested by the parties. (b) This Agreement shall not preclude any subdistrict's members from entering into Joint Powers Agreements for operation, maintenance, or improvements within the subdistrict to the extent they do not conflict with rules, regulations, and the capital improvement plan of the Organization. Such agreements shall not require approval of the Organization. 3.13 Insurance: The Commission may purchase property and public liability insurance as it deems necessary. 3.14 General: The Organization may take all such other actions as are reasonably necessary and convenient to carry out the purposes of this Agreement. SECTION IV ARBITRATION 4.1 The parties to this Joint Powers Agreement agree that airy controversy that cannot be resolved between the parties and the Organization through the review and recommendation procedures outlined herein shall be submitted to binding Arbitration. The Uniform Arbitratio~l Act (Minnesota Statutes, Sections 572.08 - 572.30) is adopted by the Organization as the authority to be followed in submitting all controversies to Arbitration. The result of the Arbitration shall be binding on the parties and the Organization. Arbitration shall be by a panel of three arbitrators. The parties and the Organization shall each select one arbitrator to represent its position in the controversy. The rivo arbitrators shall then select a third arbitrator, and in the event they are unable to agree on a third arbitrator, either side may petition the District Court to appoint a third arbitrator. Thereafter, Arbitration shall proceed as outlined in the Uniform Arbitration Act. SECTION V TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated by approval of two-thirds vote of the governing bodies of each party hereto, provided that all such approvals occur within a ninety (90) day period. In a~icliti~~n, nr~ti~~~_ ~,f~ ini,°nt ti> ~ii;:~_~1~ 4 drill i~c ~,r~,~~ici~d t~~ .~\u~~~l:~~. C'~.~~jnt~~ ~tn~l tin° ~iinir:~~~ta l~~~ard of Water and Soil Resources and no dissolution shall be effective until at least ninety (9U) days following such notice. SECTION VI DISSOLUTION OF ORGANIZATION 6.1 Upon dissolution, all personal property of the Organization shall be sold and the proceeds thereof, together with monies on hand after payment of all obligations, shall be distributed to the parties. Such distribution of Organization proceeds and monies on hand shall be made in proportion to the total monetary contributions to the Organization made by each party. All payments due and owing for operating costs under Section 3.7, Subdivision 2, or other unfulfilled financial obligations, shall continue to be the lawful obligation of the parties. SECTION VII AMENDMENT 7.1 The Organization may recommend changes in and amendments to this Agreement to the governing bodies of the parties. Amendments shall be adopted by atwo-thirds (2/3rds) vote of the governing bodies of each party within ninety (90) days of referral. Amendments shall be evidenced by appropriate resolution of the governing bodies of each party tiled with the Organization and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed. SECTION VIII AGREEMENT 8.1 IN WITNCSS WHEREOF, the parties hereto have executed this Agreement as of the day of complete execution hereof by the parties. 12 CITY OF BLAINE SEAL Dated: By Mayor By City Manages SEAL Dated: CITY OF COLUMBIA HEIGHTS By By Mayor City Manages SEAL Dated: CITY OF COON RAPIDS By Mayor By City Manager I3 CITY OF FRIDLEY SEAL Dated: SEAL Dated: SEAL Dated: U:\CLIENT\SIXCITI E\powers-agr-restated.wpd By Mayor By City Manager CITY OF HILLTOP By Mayor By City Clerk CITY OF SPRING LAKE PARK By Mayor By City Clerk 14