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HomeMy WebLinkAbout04/12/2010OFFICIAL PROCEEDINGS CITY OF COLUMBIA FIEIGHTS CITY COUNCIL MEETING APRIL 12, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 12, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Ruth Hograbe, Community United Methodist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked the intent of new business and reports item. Peterson stated that, at the discretion of the City Council's vote, items could be added. Nawrocki stated that open meetings allow items to be brought forward even if a decision can not be made, as a matter of record. Motion by Nawrocki indicating that under Item 7C New Business and Reports, Council members be allowed to bring up items to place on the agenda, for the minutes of the meeting. Peterson stated that is the purpose of Item 3 Additions and Deletions. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki requested to add his report of the League of Minnesota Cities meeting, the cable franchise process, request to establish a Silver Lake Park neighborhaod hearing regarding the proposed trail, Board of Review, comments on State Audator reports, use of petty cash and eredit cards, and letter from Commissioner Kordiak. PROCLA TIONS, PRESENTATIONS RECOGNITION, ANNOUNCEMENTS, GUESTS Dorothy Penate, Sister City Committee, invited everyone to the Polish/Italian dinner/fundraiser, with proceeds donated to the Lomianki Poland Children's Hospital, to be held on Sunday, April 18th at Murzyn Hall. Penate indicated all of the activities available at the fundraiser, which is sponsored by Jeff's Bobby and Steve's Autoworld. Peterson stated that the 11th Annual Prayer Breakfast will be held May 5th at Murzyn Hall. CONSENT AGENDA Nawrocki requested to remove consent agenda items C, D, and E. City Manager Walt Fehst took the Council members through the consent agenda. A. Approve minutes of the March 22, 2010 City Council meeting, Motion to approve the minutes of the March 22, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the March 3, 2010 meeting of the Library Board of Trustees. City Council Minutes Monday, April 12, 2010 Page 2 of 19 C. Award of 2010-2011 Tree Removal Contract -removed D. Adopt Resolution 2010-26, being a Resolution authorizin thg e City of Columbia Heights to enter into Agreement No.96460 with MnDOT to act as the Cites Agent in acceptin~Federal funds under the Federal American Reinvestment and Recovery Act ARRA). -removed E. Approval of plans and specifications and ordering advertisement for bids for City Project No. 0813, Central Avenue Pipe Bursting Project -removed F. Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for April 12, 2010. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 12, 2010 as presented. H. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 134188 through 134376 in the amount of $921,956.14. Motion by Nawrocki, second by Williams, to approve the Consent Agenda, with the exception of items C, D, and E. Upon vote: All ayes. Motion carried. C. Award of 2010-2011 Tree Removal Contract Nawrocki asked how the dollar amount is determined. Kevin Hansen, Public Works Director, indicated that a quantity is estimated based on past experience; this year it includes Ash Bore. Funds are budgeted annually for tree management care. Motion by Kelzenberg, second by Diehm, to award the 2010-2011 Removal of Trees, Trees and Stumps or Stumps Oniy on Public and Private Property contract to Nick's Tree Service Inc. of Corcoran, 1'~1?~3, based upon their lore, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. otion carried. D. Adopt Resolution 2010-26, beingLa Resolution authorizing. the City of Columbia Heights to enter into Agreement No. 96460 with MnDOT to act as the City s Agent in accepting Federal funds under the Federal American Reinvestment and Recovery Act (ARRAS Nawrocki requested to see the amount of staff time put in on this project. Hansen stated that staff hours are funded through the state aid account and the time put in after January is reimbursable. Nawrocki asked if the quick take process is complete. Hansen stated no. Nawrocki requested the bridge bid dollar amounts. Hansen indicated the spread sheet is in the Council mail boxes. Diehm asked the total cost of the bridge project and how much is covered by grants. Hansen stated $2.6 million with 85 percent covered by grants. Diehm stated that this is an aimazing project, which the Council encouraged staff to look at, and they found the funding. She relayed comments heard on what a great thing it is to see Columbia Heights get this project. City Council Minutes Monday, April 12, 2010 Page 3 of 19 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2010-26, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated the bridge belonged to MnDOT and will continue to belong to MnDOT. The funding is to be channeled through MnDOT. We should have left the project to MnDOT. Peterson stated that he would vote in favor of this and it is an excellent project. Part of the bridge is in Hilltop, but we have three schools on this road. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2010-26, being a Resolution authorizing the City of Columbia Heights to enter into Agreement No. 96460 authorizing MnDOT to act as the City's Agent in accepting Federal Economic Stimulus Funds far City Project No. 0906, TH 65 Pedestrian Bridge. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Approval of plans and specifications and ordering advertisement for bids for Cit~ject No. 0813, Central Avenue Pipe Bursting Project Nawrocki asked which. way this water flaws. Hansen described the replacement and the pipe sizes to be used. The recommendation follows a hydraulic study done for this area. Community Development Director Scott Clark stated that through renegotiations with the developer, we will save approximately X200,000. Hansen indicated that the work will be done only through man holes. Motion by Kelzenberg, second by Williams, to approve the Plans and Specifications and order the Advertisement for Bids for City Project Number 0813, Sanitary Sewer Pipe Bursting Project, from 47th to 51st Avenues. Upon vote: All ayes. Motion carried. PUBLIC IIEARINGS A. Adapt Resolutions 2010-24 and 2010-25, approving a Site Plan fora 200-unit Apartment Comdex and a Minor Subdivision for the proi~erty located on the northeast corner of 47th Avenue and Grand Avenue. Jeff Sargent, City Planner, stated this item was heard at the March 2 Planning and Zoning meeting. The applicant is requesting a minor subdivisian of sub-lot A to combine with lots 1 anal 2 to construct a 200 la~ait apartment complex, and site plan approval. There have been four previous meetings held to discuss this request. The plan was reworked after a hearing to include underground parking. The Grand Central Loft project was approved in August of 2004. Currently, only 20 of the 66 condo units have been constructed. The person that purchased the property wishes to add these apartments. They need to meet one of the four zoning issues, and they meet two of them. They have changed the project to include one underground parking space for each unit bedroom and adjusted the structure height. An additional traffic entrance has been added for traffic concerns. Sargent showed the traffic flow for this development. This meeting is to insure that the proposed plan meets our minimum code requirements. We can not make the determination based on this being rental property. The project will occupy the same footprint as the previously planned condos and meet the design guidelines by being architecturally compatible with the current structures. Council was provided with memos from the Police Chief, Fire Chief, Community Development Director, and the former owner of the project. Diehm stated that the question is if the site plan meets our zoning code, but the current contract does not allow apartments on this site. Jim Hoeft, City Attorney, indicated that choice is for the City Council to decide. City Council Minutes Monday, April 12, 2010 Page 4 of 19 Nawrocki disagreed that this is a minor subdivision. This had implications for residents that bought into the previous plan. The density exceeds guidelines if you look at only the apartment area. Sargent stated that the entire eleven acres are controlled by Grand Central Lofts. Nawrocki indicated that the retaining wall area can not be included as usable property. Clark stated that mixed used districts recognize that areas may include trees, water, etc. Nawrocki read from a prepared statement questioning possible problems and suggested staying with single family homes. He referred to the Sheffield area rental and other communities with rental issues such as Brooklyn Park. Nawrocki indicated that emails were received from Shari Paul and Kristin 1/rickson, Paul Burnet, and Lloyd Verachik that are residents of the existing project and would be adversely impacted by this project. Sargent stated that the lot split request would be a division of Outlot A and would enable the company to control this area for management purposes. Sargent referred to density, indicating that if only the footprint area was considered, the condos would also not meet density requirements, which is why the entire area is included. These buildings will be very similar to the existing building. A variance is not required to build these units. Sargent stated that Clark Gassers, Joe Urban Company, indicated that any time you have 100 apartment units you need on- site management and he would have no issue that this be included in the agreement. Jack Boarman, BKV Group, stated that this project is in line with city's development for the site and has evolved over the last six months of meetings. The units have been reduced by 20 percent acid parking has been moved to underground. This represents a high quality project that will be well received in this area. Sam, Joe Urban Company, stated that the success is not only based on goad design, but a gaod position within the market area to be served. This tivill benefit Columbia Heights but will serve a much larger area. Sam distributed a map indicating the number of jobs within three and five miles of the project. Diehm indicated that this was the same map used in 2004 when we were told the condos would sell. Boarman stated that this type of rental project is attractive to young professionals moving in from other parts of the country, resulting in a new wave of residents. Being located on the 694 corridor with convenient transportation options to downtown and the northern suburbs makes this an attractive location. This will be a lush green site with three essentially identical buildings. Occupancy, scale, and density will be similar. Fehst referred to touring other projects by this developer. He asked if the other areas had mixed occupancy. Boarman stated that they are mostly all rental units, with one adjacent to a condo project. Peterson opened the public hearing. Karen Karkula, 4858 Grandview Court, indicated that ownership is preferred, as they have a commitment to the development; apartments owners are absent. Columbia Heights is already 28 percent rental and is over the 23 percent metro average. She stated that her choice would be to give the old plan a chance. Columbia Heights has a 7.3 percent vacancy rate in rentals. Current owners were sold on the development as a condo/townhome area. We were betrayed. Fehst questioned if the community center raises an issue. Karkula referred to their association fee that contributes to the "club house" and that is a concern. Gerry Herringer, 1731 Innsbruck Parkway, stated appreciation that the developer changed to underground parking with the requirement to rent a parking spot when renting an apartment, and that there would be no subsidization at any time. He did not understand the economic model City Council Minutes Monday, April 12, 2010 Page 5 of 19 where you could rent a smaller space for the same money as is available in St. Anthony. The original Nedegaard plan was approved because of the owner occupied requirement. Herringer questioned the amount of marketing put into this area. Patience is not only desirable, but essential. The rental option on this property should be a last resort. The Nedegaard plan was an agreement with the neighborhood. Don't rush the judgment on this. Jerry Nordstrum, 4843 Grand Avenue NE, stated he just moved in a month ago. No one told him that apartments would be considered. He referred to the City goals and indicated the desire for home ownership. People will be concerned about moving into a condo area that now has apartments. This project is only four years old. Fehst asked if the condo prices had dropped. Nordstrum indicated they had by a small amount. He questioned what would happen if the apartments do not rent. They will not be operated by an association. Is this about additional property tax revenue? This project will decrease property values. He referred to the Police Chief's memo and stated that staff indicates this meets specific minimum requirements. Is that what you want? Fehst referred to our responsibility to improve our housing stock. He referred to the past high hopes far the Sheffield area. We are being told that there is a five to ten year over sale of condos. This is a $20 million development. We are buying up obsolete buildings to improve the community. Fehst questioned his feeling if this was not developed for ten years. Nordstrum indicated the hope that the next year would be better. Nawrocki stated that in bringing this forward, staff should have provided the cons, and not only the pros. Petersen stated that staff is doing what they are asked to do and do an excellent job. Sheila Samuels, 1070 Grandview Court, stated she moved in a month and one-half ago and this move vas a big decision. Then to hear of the proposed apartment building, did not sit well. Being in real estate, she stated the feeling that the developer sold the current owners a vision and it is not fair to take that away. What matters is that the people this affects do not want this. There is a deeper commitment by owners. There are currently one bedroom units along Central Avenue that are not renting. She questioned the ability to rent high-end apartments on Central Avenue. She indicated sales options for the condos and referred to possible tenant issues. People would not have purchased the condos if they would have known they would be surrounded by rental units. There are other possibilities far the area; other amenities that could be added to the clubhouse. She suggested three 'oedroot~ co:~dos at.d the co.::pletion of lat~dscapit.g i3~ tlse a.°Fa to attract more buyers. The condos should be given more of a chance. Paul Bearnet, Grand Central condos, stated that they were told when the third condo building was complete there would be an onsite management company. He asked haw more rental units are going to accomplish. the goal of cleaning up the Sheffield area. Lloyd Graczyk, 1012 42'/z Avenue, referred to problems in the Circle Terrace and Shef#ield areas. We don't need more police calls. The developers build them and run. We don't need more apartments. Michelle Ferreira, 4422 Central Avenue, stated she owns this rental property and questioned the size of the proposed units and if there would be tax breaks for the developer. Boarman stated the studios are 630 sq. ft. and the two bedrooms are up to 1,200 sq. ft. Peterson stated there would be no tax breaks. Ferreira asked why the commercial area has not been developed. Fehst described the attempts at development and the parking ramp grant that was lost as a result. Ferreira questioned if our services and schools could handle the increased density. City Council Minutes Monday, Apri] 12, 2010 Page 6 of 19 Lee Stauch, 1155 Khyber Lane, questioned the funding source. Boarman indicated there would be private financing. Clark stated that this would be a HUD insured project. It is a market driven project with no qualifications for income. Fehst stated that council requested a marketing study. If this is approved they would have to obtain such a study. Fehst stated that the Council toured their other developments and this is a group of very high quality developers. Stauch stated this does not take into consideration visitor parking. $900 to $1,400 rent prices can not work in Columbia Heights. The landscaping has not been finished. Peterson referred to the history of the project and stated that no one wants this finished more than the Council. Mr. David Kloeber bought into this and would like to turn the project back to 2005. We all want to see it developed and beautiful. To complete the project they are looking at options and need a few more units. He did enter this intending to complete the condos. Clark stated the EDA has a two part schedule for this project; completing phase 1 this year and landscaping by the Spring of 2011. Tom Tremmel, 1131 Khyber Lane, stated that the noise volume from the area is magnified and this would only increase. Current condo residents park on the streets and parking would be an issue. He questioned the where the jobs are that are said to be available. Deb Johnson, 4526 Pierce Street, stated she has come to these meetings for many years, and is actually here tonight on her 30th anniversary. Items fall under ``pass the buck" from the Planning and Zaning Commission to the EDA as they "meet guidelines". There needs to be a human component considered. The property owner has only appeared once and that was to get money for some project. He is as an absentee landlord. Johnson suggested a senior coop there. Roseanne I'.ivers, 4224 Jefferson, stated that wl-ien you move in to an area, you never know what you get. When you hope to move toward a younger population, such as northeast, it is important that people take pride in their community rather than complain. Unfortunately, there was more of a sense of community when they rented. She stated that you can not even get neighbors to answer their door. She would like to contribute to the community. People must have places to shop and ga. We need parks, positive things, and positive neighbors. Donna Schmitt, 4260 Tyler Street NE, stated. that she agrees with Mr. Herringer. This Council `v`v'as all part oft~e Ir'iltial de`v'elop~i~C:nt arid aga~r`ist any type of rentals. Lveryorlc that spoke. taoes not want this. Building apartments on statistics that are four or five years old is not good. The condos and townhomes were very mice, but to put in rental will hurt those sales. Thomas Mikulak, 1334 42 t/2 Avenue, asked if there has been a traffic study to see if this development and Central Avenue can handle this. Peterson stated that the traffic flow with this plan would be less than the previous condo plan. Mikulak stated that this Council and Mayor set a limit on rentals in the community. Peterson stated that Columbia Heights has a bad taste for rentals, mainly because of side-by-side bungalows. This could turn that around. Mikulak questioned what would happen to these units if the project fails? Peterson stated that renting is not a bad thing and believes people would prefer to live in quality units such as these. Peterson indicated that 200 vibrant units would bring in commercial development. Andy Smoka, 1206 Khyber Lane, indicated that he studied the units in St. Anthony and referred to unit rental in New Brighton at $500 a month for 14 months, and $750 for a two bedroom focusing on and coming professionals. He suggested, if necessary, to only build one building and see what happens. Fehst stated that the project would be phased. Smoka reminded Council that the condos did not fill. He stated that he is tired of being second fiddle to St. Anthony. Why do City Council. Minutes Monday, April 12, 2010 Page 7 of 19 we only get two square box buildings? Where would you choose to live in this type facility, St. Anthony or Columbia Heights? They have extensive parking. If you want rental, make it an attractive site. Why can't the developer come up with a better plan? Diehm again asked the unit size and projected rental fees. Information, not including parking, was given. Peterson closed the public hearing at 10:00 p.m. Diehm stated that looking back to what we had on the K-Mart site, it was a big project. We kept saying "what is the alternative, what if we to do nothing". We made the right decision. She stated remembering very clearly that there was concern about rental. We made it very clear through our agreements with the developer that we, as a Council, were concerned about additional rental in our community. She had struggled at that point because she felt there is nothing inherently bad about rental; a livable community has alternatives including rental. However, sometimes our memories are short and we do not want to forget how much of a concern it was that we required the developer to promise they would be owner occupied. We included those same requirements on the Ryland project and limited rental to five percent. We recognize that we do not have the authority to bind future council or homeowner associations. We did everything within our power to assure that these projects would not have rentals. She stated recognition of the change in the economy. Ryland indicates that their development here is one of their best developments. Diehm stated that we can support additional owner occupied housing, with patience and time. We can not give in to the temptation of what is fastest and has instant gratification. The project looks beautiful and is well designed and there is not an issue with the developer. The same jab information was presented at the time of the condo project and we were told all of the same things; this would be a successful project, there are jobs in the area, it is close to downtown, and is a perfect spot for condos. We would like to have projects like we viewed in other areas, but she is not sure what it would take to get there. If we build great rental units, will the commercial property come? Condo prices were high and would stay high to justify the cost, but with best intentions some things do nat happen. What happens if high rents do not work. In 200f1 the vacancy rate in the metro was 4.9 percent and the Columbia Heights/Fridley area had a 4.7 percent vacancy rate. In 2009 it was 4.9 percent in the metro and ours went to 9.1 percent. This is a new type of rental and you can not really compare what you have to what you are getting. The average metro rent was $901 and Columabta Hetghts~FrPdley ~.~~as $~01. illits wo~aao be rental. rates from $600 to $1,500. She stated concern if we would be able to draw people that can pay those rents. This would add smaller and more expensive units, and that is risky. We are being asked to abandon what we stood by initially. She asked that council members remember those conversations and commitments made to the residents of our community to avoid rental in general. Williams stated he was against rentals, but when he saw the programs to be offered he changed his mind. What they propose fits what is there now. We were told that if the condo market comes back, these units could be converted to condos. We need to attract people and commercial business to our town. In his research, people look for this type of facility. We are right next to the freeway, which is a big issue. Williams indicated that the people present tonight are against this, but he stated that he was elected by the whole city. Most of the city wants something done. He agreed that the condo seller was not honest with the recent buyers, but he believes this is good for the city. Williams stated he would vote for this. He referred to the development at Hart Lake and having to change course, and we now have a beautiful facility there. One Councilmember was against the Ryland development, which was a junk commercial area, but look at it now. This rental will be a positive thing for us. It will also cause current rental to upgrade or not be able to City Council Minutes Monday, April 12, 2010 Page 8 of 19 rent. Kelzenberg stated that this meeting has made him do a 180 degree change in his opinion. Even though this is a $20 million. project, Ms. Karkula made sense. We would be going back on our word. It is tough because the economy has changed. Kelzenberg stated that the owner, Mr. Kloeber, has only been seen once. He stated that he had to question if people would come with the price of these rents. Kelzenberg stated that he was impressed with their current facilities, but now felt he could not support this project. Nawrocki asked where the $20 million in funding would come from. Gassen stated that hard and soft costs would be $100,000 per unit and would be an investment value. Nawrocki stated that Diehm summed this up eloquently. A lot of time was spent on the original project and not everyone was happy. It was painful to have the commercial components removed from the project. If this was approved, it would be a slap in the face to those that bought into the area. Nawrocki encouraged Council members not to pass this project. Peterson indicated there were wise dissertations on both sides of this issue. The traffic would be the same, the parking meets what we require, and this is the same footprint with on-site management. We do have a bad taste toward rental in Columbia Heights. Peterson indicated the desire to have more young people move into Columbia Heights for a more vibrant community, but it seems that when we try to move farward, it comes back to haunt us. We need still to pay the bills and a $20 million investment would create taxes. People are moving back to the metro. We do not want to see the project abandoned; the developer can walk away. Peterson stated concern about the rental prices being too high. Gur inherent attitude is that Columbia Heights is a downer. We have to change that attitude. He referred to areas in Northeast and St. Anthony. If we go ahead in an adversarial condition, they will be hated before they start. It is not the belief that the developer can not do this, but we have come head to head with the past promise made of no more rental units, Peterson stated that if he lived in the condos, he would not be affected by the rentals. This is not a bad project, but may be risky. Peterson stated that he would vote against the project because of the promises made in the past. He indicated that the community now needs to "talk up" the condos to get them sold. We need to remember that down the road something :worse could :,=n?s?e in; remeli?ber it goes both t~:%ays. i~:;tFreon asked that p?opI? Ent down play oe~r community. We are doing everything we can to study this. We need more attitudes like Ms. Rivers, wha spoke tonight. We need to change the attitude of Columbia Heights. Motion by Williams second by Kelzenberg, to waive the reading of Resolution 2010-24, there being ample copies available to the public. Upon vote: All ayes. 1l~otion ~arraed. llrlotioaa by Williams, second by Kelzenberg, to adopt Resolution No. 2010-24, approving a Site Plan fora 200-unit apartment complex located on the northeast corner of 47th Avenue and Grand Avenue, subject to the conditions outlined in Resolution No. 2010-24. Diehm questioned the City Attorney on the consideration of the motion, if there should be a separate motion to deny or use this motion with some verbal comment for the record for the reason to deny, Hoeft indicated it would be best to go with the motion on the agenda and state your reasons. Diehm stated that on her vote of the resolution, she would not be in favor of the resolution as the site plan does not conform to all applicable requirements of our code. The site plan is not consistent with all the provisions in our comprehensive plan and the site plan is not consistent with our applicable area plan. The site plan does not minimize any adverse impacts the City Council Minutes Monday, April 12, 2010 Page 9 of 19 apartments may have on the immediate area. Nawrocki concurred. Upon. vote: Nawrocki, nay; Diehm, nay; Williams, aye; Kelzenberg, nay; Peterson, nay. Williams changed his vote to nay. All nays. Motion failed. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010-25, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2010-25, approving a Minor Subdivision for the property located on the northeast corner of 47th Avenue and Grand Avenue, subject to the conditions outlined in Resolution No. 2010-25. Diehm questioned the findings far the record. Hoeft indicated that minor subdivision findings need to be supported or denied. You may choose to grant the subdivision, but we would not be sure the developer still wants this. You may, because you denied the site plan approval, consider doing that. Daehm indicated the finding that the Resolution states "All lots to be created by the proposed subdivision conform to lot area and width requirements..." and the Planning and Zoning Commission planning report states that ``The lot created will not be a buildable parcel...". Hoeft concurred. Upon vote: Nawrocki, nay; Diehm, nay; Williams, aye; Kelzenberg, nay; Peterson, nay; Williams changed his vote to nay. 5 nays. Motion failed. Peterson pointed out the fact that the developer did not appear before the Council. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Second Reading, of Ordinance 1578, being an Ordinance amending the Refuse and Recycling section of the City Code: Chapters 4, 5, 8. Motion by Williams, second by Diehm, to waive the reading of Ordinance 1578, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Ordinance 157$, being an Ordinance amending Ordinance 1480, City Code of 2005 relating to the Refuse and Recycling section: Chapters 4, 5, and 8. Nawrocki questioned if only the new expensive lawn waste bags could be used for handling yard waste. Fehst stated that the law started the beginning of this year requiring the use of bio- degradable yard waste bags. Non-conforming bags are not to be picked up. De-gradabie bags are not good enough; they must be bio-degradable. Stickers will be placed on the incorrect type of bags telling them what they need. An audience member questioned having yard waste containers or having a civic group purchase the bags in a large quantity and sell to residents for a better price. Fehst stated that staff is looking into this, but it is not part of our current contract. Nawrocki questioned limiting Christmas tree pickups to the first three weeks in January. Hansen stated this is contractual with Violia. Upon vote: All ayes. Motion carried. City Council Minutes Monday, April 12, 2010 Page ] 0 of 19 2. Second Reading of Ordinance 1579, being an Ordinance amending the Tree Ordinance section of the City Code: Chapter 4, Article II, sections 4.201 and 4.202. Motion by Diehm, second by Williams, to waive the reading of Ordinance 1579, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance 1579, being an Ordinance amending Ordinance 1490, City Code of 2005, Chapter 4, Article II, Sections 4.201 and 4.202. Upon vote: All ayes. Motion carried. 3. First reading of Ordinance No. 1580, being an Ordinance relating to the date change of the State Primary Election. Motion Diehm, second by Williams, to waive the reading of Ordinance No. 1580, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance 1580 for April 26, 2010 at approximately 7:00 p.m. in the City Council chambers. Nawrocki questioned what law sets the municipal filing dates. Diehm stated this is set by State Statute for 15 weeks prior to the State Primary. Nawrocki requested a copy of this information. Dates to file for office in 2010 are May 18 to June 1. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. New Business and Reports Nawrocki stated that he attended the League of Minnesota Cities meeting regarding what the State is doing relative to LCiA and HCHC. $1,127,940 was passed by the House and $1.,857,000 was passed by the Senate. Nawrocki stated that work is being done on the new cable franchise. Comcast plans to close down their studio in Columbia Heights in June. Discussion is needed on this topic. Nawrocki stated that a meeting should be held with the people around Hart Lake and Silver La'KF Park regarding eipcoming changes. l`~azrl?"r®cki stated that the BCaard of Review will convene on Monday, May 3, whereby residents can question the value placed on their home. It is not the time to talk about property taxes. This meeting will be followed by discussion of a possible street car on Central Avenue. A letter from the State Auditor raised points on use of petty cash and credit cards. Nawrocki questioned if we have a policy on this usage. Nawrocki referred to a letter received from Commissioner Kordiak indicating that his private tax service would offer free service to seniors to file renter credit and property tax forms beginning April 19. Williams indicated that property values for 2011 are still high, but will probably decrease next year. Diehm stated that valuations are 18 months behind the market. ADMINISTRATIVE REPORTS Report of the City Manager -nothing to report Report of the City Attorney -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, indicated her displeasure with the conduct of BVK representatives after their agenda item concluded. City Couneil Minutes Monday, April. 12, 2010 Page I 1 of 19 Peterson stated: Don't forget our service men and women; keep them in your thoughts and prayers. Remember all those that died from Poland in the recent airplane crash. Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 10:55 p.m. atricia Muscovitz CMC Clerk RESOLUTION N0.2010-26 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLUMBIA HEIGHTS FOR. FEDERAL PARTICIPATION IN CONSTRUCTION BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.,6, the Commissioner of Transportation be appointed as Agent of the City of Columbia Heights to accept as its agent, federal aid. funds which may be made available for eligible transportation related projects. BE 1T FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and an behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid. participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No.9b460, a copy of which said agreement was before the City Council and which is made a part hereaf by reference. ORDINANCE NO. 1579 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005, CHAPTER 4, ARTICLE II, SECTIONS 4.201 AND 4.202. The City of Columbia Heights does ordain: Chapter 4 -Municipal Services of the City Code shall be amended. as follows: CHAPTER 4: MUNICIPAL SERVICES -Article II. TREE AND WEED SERVICES § 4.201 REMOVAL. OF DISEASED, DEAD OR HAZARDOUS TREES Add the fallowing sections A through D (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 open public and private property substantially depreciates the value of property within the city and impairs the safety, geed artier, general welfare and carvenience of the public. I~; additian to a.~d in accardance v/iih 1`/lirn. Stat.~~ 89.001, 89.01, and 89.51-64, the provisions of this section are adopted as an effort to cantrol and prevent the spread of these shade tree pests. (B) Declaration of Shade Tree Pest. The Cauncii 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. Stet. ~ 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 tnay appoint a Forester 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, cantrol, 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 Declared. The following are public nuisances whenever they may be found within the City. Amend section A to read section E. Add. item (3) under Section. E as follows: (E) 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: (3) Any living or dead ash (Fraxinus spp.) tree or part thereof infected to any degree with the insect Emerald Ash Borer, Agrilus planipennis Fairmaire (Coleoptera: Buprestidae). Amend item (5) under Section E to read: City Council Minutes Monday, April 12, 2010 Page 12 of 19 (5} Any diseased dead tree or part thereof, including limbs, branches, stumps, firewood, or other oak, elm, ash or wooden material which has not been removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of communicable disease or insect infestation. Remove Section B. Add Sections F through Q. (F} It is unlawful for any person to permit any public nuisance as defined in this Subdivision on any premises 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 representative 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 promptly investigated. Diagnosis may be by the presence of commonly 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 corporation 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 4201, subdivision 4, 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 ofthe shade tree pest. Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed by subdivision 9. (I} Reporting Discovery of Shade Tree Pest. Any owner or occupier of land or any person 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. (J} Registration of Tree Care Firms. Any person, firm, or corporation that provides 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 subdivisians 11 and 12, whenever a tf-ee inspector determines with reasonable certainty that a public nuisance, as described by this ardinance 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. (i } The Forester wiil notify in writing the owner of record ur occupant of the premises and physicaiiy mark that a public nuisance exists and. order that the nuisance be terminated or abated. The notice may be given in person or by snail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the native shall be filed with the city clerk. (2) 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 and plans as may be designated by the 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 appeal 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 carry out abatement in accordance with the notice of abatement. (L) 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 if the nuisance is not abated City Council Minutes Monday, April 12, 2010 Page 13 of 19 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) Appeal 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 City 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 subject property of properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, The City Council may issue and order requiring 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 may 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 property of 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 prevent the city, without notice or other process, from immediately abating any condition that poses an imminent 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 casts. As soon as the work has been completed and the cost detennrned, the city clerk or other official shall prepare a bill for the cast and snail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk. (2} After notice and hearing, as provided in Minn. Stat. § 429.061 (which tnay be amended from time to time}, the city clerk shall, on or before Sept. 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under Minn. Stat. § 429.101 against each separate lot or parcel. to which the charges are amibutable. The city council may then certify the charges against the property to the county auditor for collection. along with current taxes the following year or in annual installments as the city may determine in each case. (p} Penalty. (1) Any person, firm, or corporation that violates any 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 specifically adopted by reference, shall be a sentence of not mare than 90 days, or a fine of not more than $1,000 or both. (2} Upon conviction of a aisdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during 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 shaIl not subject the officer or employee to the penalty imposed for a violation. (4) In addition to any penalties provided for in this section, if any person, firm, or corporation. fails to comply with any provision of this section, the City Council or any official designated by it may institute appropriate proceedings at law or equity to restrain, correct, or abate the violation. (~) Severability. Should. any part or provision of this ardinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held. invalid. CHAPTER 4: MUNICIPAL SERVICES -Article lI. TREE AND WEED SERVICES 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL Amend Section A to read as follows: (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 the Commissioner of Natural Resources of the State of Minnesota. Notice shall be provided under this section in the manner prescribed far abatement. Remove Item (2) under Section (C) City Council Minutes Monday, April 12, 2010 Page 14 of 19 2} No boulevard trees shall be planted measuring less than two and one-half inches in diameter of trunk one foot above the ground. Renumber items (1) through (7) to read items (1) through (6) Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1578 BEING AN ORDINANCE AMENDING ORDINANCE 1.490, CITY CODE OF 2005, RELATING TO THE REFUSE AND RECYCLING SECTION: CHAPTERS 4, 5, AND 8 The City of Columbia Heights does ordain: Chapter 4 -Municipal. Services of the City Code shall include: CHAPTER 4: MUNICIPAL SERVICES -Article VII. Refuse and Recycling Services 4.701 General Operations, § 4.702 Definitions, ~ 4.703 Garbage General Requirements, § 4.704 Recycling General Requirements, § 4.705 Other Refuse General Requirements, and § 4.706 Refuse Service Rates and Rules. Entire Article is new. § 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 shalt collect refuse, recycling, yardwaste/brush, white goads, electronics, and ail 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 an a weekday, the collection. shall be made within the next day. D. Whenever a residence notifres 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 ail requests far 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. (~. Ail refuse and recycling materials placed for collection. shall be a`vned by and be 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. H. The Service Provider customer service office shall be staffed from at least 7:00 a.m. to 4:30 p.m., Monday through Friday (except holidays). § 4.702 DEFINITIONS A. Residence shall mean all single-family dwellings, double bungalows/duplexes, apartments, town homes, condominiums and. other Living quarters. B. Multi-dwelling properties mean any residence with more than four separate living quarters 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 mean 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. City Council Minutes Monday, April 12, 2010 Page I S of 19 He 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. A single cart shall not exceed 100 gallons. Container capacities are defined as Large (90-100 gallon), Medium (60-70 gallon), or small (30-40 gallon). L Tippinp~e shall mean the charge per ton assessed to the Service Provider by the City approved solid. waste disposal facility for disposing Refuse and Garbage. Tipping Fee excludes any taxes and/or surcharges. 1. 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 part of the regular service charge. O. Living quarter means single family home and each separate rental unit of amulti-dwelling property. § 4.703 GARBAGE GENE REQ MEN'I'S 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 faith 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 mare 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 cantainer and delivery thereof C. Full Service Collection for non-multiple dwelling properties, shall. consist of one large or one medium capacity garbage container with full service sticker, provided by the Service Provider. Service Provider shall only collect up to 250 gallons (3 -large gallon. carts} 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 January, per living quarter unit. 2. Additional amounts ofnon-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, s'ach items will be bagged, boxed, or bundled. 3. Carpeting, carpet padding, mattresses, chairs, couches, tables, and other such items of furniture. These items must have come from the property where placed for collection. ~. One white goad 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 capacity 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 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 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 large 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 furniture items, carpet, padding, and mattresses. Property owner/manager must call the Service Provider in advance of collection. Collection of materials outside of the provided cantainer (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 trees and white goods collection as described in C- 1 & 4 above. § 4.704 RECYCLING GENERAL REQUIltEMENTS City Council Minutes Monday, April 12, 2010 Page 16 of 19 A. Items designated for recycling shall be listed by the City Manager to be part 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 far 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 ardinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling units 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. Callection of contaminated recycling materials can be provided by the Service Provider at an additional cost to the resident. G. City of Columbia Heights Recycling Center. All items collected curbside will also be collected at the recycling center with the addition of scrap metal, used oil, oil filters, and rimless tires. The Center may be utilized by area businesses and residents. Used oil, oil filters, and rimless tires may be delivered only by Columbia Heights residents for non-business purposes. Further, rimless tires are limited to four car or light truck tires per resident for every year. The City may, at the City's option, add or remove Recyclable items collected at the Drop-Off Recycling Center or discontinue the Program entirely. § 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 C'alumbia heights. Tl~e 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 durinu the growing season t,April 1 - ?~lovember ~0}. yard eA/aste and brush collected from non-m~.:ltiple 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) Charges. 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) Owner liability for 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} Staterrrerxts; clelir~quent bills, stop-service for Harr ~cryrr~ent; resumption of services. (1 } Accounting. 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. City Council Minutes Monday, April 12, 2010 Page 17 of 19 (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 record may request in writing. (3) Dzre date. Utility bills are 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. Partial payments 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 refuse 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) Shirt-off for norz payment. 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 unit. (b} Any person who has filed with the Finance Director a written protest of the amount billed, either in whale or in part, together with the reasons or basis far such protest. (6) Shut-off for nonpayment under subdivision (C)(5)(a). (a) Refuse 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} Shirt-off for nonpayment under subdivision (C)(5)(bj. 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) Cer•t f cation of delinquent bills. The Council may certify unpaid and delinquent refuse bills to the County Auditor annually far collection pursuant to the provisions of M.S. § 444.0'75, as it may be amended from time to time. (D} Utility service hills payable at Finance Department. 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. Chapter 5 -Commercial Licensing of the City Code shall be amended. as follows: CH.9PTER 5: CCIMMERC'lAL CCCENSING -Article l~"I. Consumer Services, Miscellaneous Businesses ~; ~,~t~3 ~;ARBAGE C'f~L.L.ECTIC~NS. Paragraph (B) GARBAGE. Organic refuse resulting from the storage or preparation of food and decayed or spoiled food, and any other organic refuse from any source. RUBBISH. All inorganic refuse, such as, but not limited to, metals, glass, packaging materials, and ashes. Paragraphs (E) and (F) have been removed. Chapter SA -Property Maintenance Code of the City Code shall be amended as follows: CHAPTER SA: PROPERTY MAINTENANCE CODE -Article II. Minimum Standards ~ SA.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING. Paragraph (B) Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary rnanner• as established by city code. Ruhbislz, garbage, recycling, yard waste, and appliances shall be placed in accordance with Chapter 8, Article III of the city code. Chapter 8 -Public Health and Safety of the City Code shall be amended as follows: CHAPTER 8: PUBLIC HEALTH AND SAFETY. Article III. Garbage and Rubbish & 8.301 STORAGE CONTAINERS City Council Minutes Monday, April 12, 2010 Page I S of 19 (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, spoiled food, and other organic refuse from any source. RECYCLABLE MATERIALS. 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 metals, glass, packaging material, 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 containers for the storage of such matter between periods of collection, one or more garbage containers that meet State and Federal standards. Rubbish and garbage placed into the containers shall be properly enclosed (i.e. bagged or boxed) to prevent loose trash from. spilling out of the container. 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 ofyard waste shall be from Anaka County and State of Minnesota approved bags, or a permanent ventilated flytight metal or thermoplastic container which is clearly identified as containing yard. waste. Containers for the storage ofyard 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. (C) Notwithstanding the provisions of division (B} of this section, persons responsible under this section for the disposal of rubbish or garbage at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish shall utilize a vat service in lieu of the above requirements. Such. vats shall be designed with the proper attachments for lifting onto refuse trucks. (D} All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except those Residential properties that pay for "full service" through the municipal provided refuse service may have extra bagged garbage and rubbish outside of the container on collection day. (E) (1 } Where alleys are platted and open for traffic, garbage and recycling containers shall be placed at the rear of said property adjoining the alley. Where no alley exists, containers 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 front yard. Garbage and recycling containers 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, appliances, and electronics shall be placed at the street curb line on collection day. (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 ofyard 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 S 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 1.00 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; (S} Sheet composting shall cover no more than 0.025 of the total lot area, and in no case exceed S00 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) None 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. City Council Minutes Monday, April 12, 2010 Page 19 of l9 (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) Said containers shall be screened by appropriate fencing and/or shrubbery when adjacent to or across from residential property. (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) The presence of any garbage or rubbish on any property other than within a structure permitted by the zoning code within the city or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall. constitute a public nuisance under this section and shall constitute an offense punishable under this division. (1) Any person, frrm or corporation who causes any violation of any provision of this section or who awns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist, upon conviction thereof, shall be punished as provided in § 1.999. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.