HomeMy WebLinkAbout02-12-2018OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
FEBRUARY 12, 2018
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday
February 12, 2018 the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota
1. CALL TO ORDER /ROLL CALL
Mayor Schmitt called the meeting to order at 7:01 p.m.
Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr,
and Councilmember Novitsky
Also Present: Kelli Bourgeois; Human Resources Director /Assistant to the City Manager, Jim Hoeft; City
Attorney, Kevin Hansen; Public Works Director, Elizabeth Holmbeck; City Planner and Katie Bruno; City
Clerk /Council Secretary
2. INVOCATION
Invocation provided by Rachel James, First Lutheran
3. PLEDGE OF ALLEGIANCE
4. MISSION STATEMENT, Read by Mayor Schmitt.
Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and
professional manner that effectively address changing citizen and community needs in a fiscally - responsible
and customer friendly manner.
5. APPROVAL OF AGENDA
Mayor Schmitt announced Item 7G is being removed from the agenda.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the agenda as
amended. All Ayes, Motion Carried.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Presentation from SACA
Dave Rudolph, the Manager of SACA reported the Fire and Ice Plunge was held on January 27th, and was a
great success. Funds raised will provide approximately 150,000 pounds of food. Gratitude was expressed to
the Columbia Heights Public Works Department, Police Department and Fire Department. Other sponsors
included Northeast Bank and Dominium. Certificates of appreciation were presented to the City Council,
Public Works, and Councilmember Novitsky. Prize money was awarded to the Columbia Heights Baseball
Team, and the Bethel University Frisbee team.
7. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of
business.)
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Page 2 of 13
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of January 8, 2018
MOTION: Move to approve the minutes of the City Council work session of January 8, 2018
MOTION: Move to approve the minutes of the City Council work session of February 5, 2018
MOTION: Move to approve the minutes of the Public Improvement Hearings of February 5, 2018
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Library Board minutes from December 6, 2017
MOTION: Move to accept the Library Board minutes from January 10, 2018
MOTION: Move to accept the Charter Commission minutes from October 27, 2017
MOTION: Move to accept the EDA commission minutes from December 4, 2017
C. SECOND Reading of Ordinance No. 1645 — Pertaining to the Planning & Zoning Commission
MOTION: Waive the reading of Ordinance No. 1645, there being ample copies available to the public.
MOTION: Move to approve Ordinance No. 1645, being an ordinance establishing certain changes to the
operational bylaws of the Planning and Zoning Commission
D. Adopt a Change in Wage Ranges For Seasonal Recreation Staff Effective January 1, 2018
due to a Statewide Increase to The Minimum Wage from $9.50 to $9.65 Per Hour.
MOTION: Move to waive the reading of Resolution 2018 -08, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2018 -08, adopting changes in wage ranges and establishing wages for
seasonal recreation employees effective January 1, 2018.
E. 2017 Ford Pickup Capital Equipment Purchase
MOTION: Move to authorize the purchase of one new 2018 Ford F150 42 Super Cab pickup truck off the
State of Minnesota purchasing contract from Midway Ford of Roseville, Minnesota in the amount of
$25,914 plus sales tax. Funding shall come from the Engineering Capital Equipment Fund 431 - 43100 -5150.
F. Total Station Surveying Equipment Purchase
MOTION: Move to authorize the purchase of one new S7 Robotic Total Station from Frontier Precision,
Inc. of Maple Grove, Minnesota in the amount of $32,049.10. Funding shall come from the Engineering
Fund 101 - 43100 -5180, State Aid Maintenance Fund 212 - 43190 -5180, and Infrastructure Fund 430- 46323-
5180.
G. Accept Quotes & award contract Columbia Heights Library Sign Foundation Construction* Removed
H. Resolution 2018 -11 Approving Plans and Specifications and ordering Advertisement For Bids
for Seal Coat Improvements
MOTION: Move to waive the reading of Resolution 2018 -11, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2018 -11 approving Plans and Specifications and ordering
Advertisement for Bids for Seal Coat Improvements, City Project 1701.
I. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for February 12, 2018.
J. Review of Bills
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MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed
the enclosed list of claims paid by check and by electronic funds transfer in the amount of $4,375,161.06.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the Consent
Agenda items as presented. All Ayes, Motion carried.
S. PUBLIC HEARINGS
PUBLIC HEARINGS
A. First Reading of Ordinance 1643 Amending Chapter 2, Section 7 pertaining to Elective Offices
City Clerk Katie Bruno reported the Charter Commission has discussed changing the term of the Mayor
from two years to four years, at both their July and October meetings. The Charter commission voted to
recommend the change.
Councilmember Buesgens stated she sees the costs associated with running for election, the fact that
there is a learning curve for a newly elected mayor, and name recognition as justification for a four year
term.
Councilmember Murzyn, Jr. commented that this item was a question on the ballot 10 -15 years ago, and
at that time it was voted down. Murzyn suggested the decision be made by the residents.
Councilmember Novitsky reported he didn't spend a lot of money during his campaign. Novitsky and
Williams agreed that the item should be on the ballot for voters to decide. City Attorney Jim Hoeft
explained the process, indicating the following options are available;
• Council can approve the 1st reading and schedule a second reading (unanimous vote required at
both 1st and 2nd readings).
• Council can deny, and the item will go back to the Charter Commissions for consideration. The
Charter can either drop the item, or have it added to the ballot as a question.
Mayor Schmitt asked the council members if they have heard opinions on the subject. Councilmember
Buesgens reported she has heard people in favor of changing it to four years; the other three members
have all heard people wanting to keep it to a two year term.
Andy Smoka -1206 Khyber Lane stated that while he agrees that two years is not a lot of time to learn the
responsibilities for a new mayor, he feels it should remain a two year term.
Nell Bing -3966 5th St NE agreed with Councilmember Buesgens, that two years is not adequate time to
learn the role of mayor.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of
Ordinance No. 1643, there being ample copies available to the public. All Ayes, Motion Carried.
Mayor Schmitt clarified that if the item is placed on the ballot as a question, it would not be in effect until
the following election cycle. Mayor Schmitt agreed that there is a lot to learn as a new mayor and she
feels it would be good for the council to reflect the overall population of the City. Schmitt stated she
thinks it is a decision to be made by the residents.
Motion Councilmember Buesgens, seconded by Councilmember Williams to schedule the second reading
of Ordinance No. 1643, being an ordinance amending Chapter 2, Section 7 of the City's Charter pertaining
to elective Offices for February 12, 2018 at approximately 7:00 p.m. in the City Hall Council Chambers.
1 Aye, 4 Nays, Motion Failed. Aye: Buesgens. Nays: Schmitt, Williams, Murzyn, Jr., and Novitsky
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9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. First Reading of Ordinance 1646, being an ordinance amending Chapter 4 of the Refuse and
Recycling section of the City Code
Kevin Hansen; Public Works Director explained changes are being recommended to the refuse ordinance, due
largely to expanded services available through our new waste hauler; including the addition of curbside
organics and an optional 30 gallon every other week trash service.
Jesse Davies; Administrative Assistant, Public Works reported the main goal of the refuse ordinance is to
reduce solid waste being disposed, as it costs $75 /ton to dispose. The PCA has implemented a best practice
requirement of 75% of refuse be recycled by the year 2030. Columbia Heights currently recycles about 18 %.
Davies reported the upcoming newsletter will provide information to residents on the curbside organics
program, which will be implemented in April.
Mayor Schmitt asked if the Kiwanis Key Club volunteers will continue on Saturday mornings. Davies
commented that they will continue to be busy.
Rachel James - 4448 Tyler St NE stated she is thankful for the option of organic composting.
Malcolm Watson —1717 49th Ave NE reported that the money raised by the Key Club at the recycling center
goes back to the community.
Motion by Councilmember Williams seconded by Councilmember Buesgens to waive the reading of Ordinance
1646, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Novitsky to establish the second reading of
Ordinance 1646, being an Ordinance amending Chapter 4 of the Refuse and Recycling section of the City Code
for February 26, 2018 at approximately 7:00 p.m. in the Council Chambers. All Ayes, Motion Carried.
B. Bid Considerations
C. New Business and Reports
10. CITY COUNCIL AND ADMINISTRATIVE REPORTS
Councilmember Buesgens stated she is excited about the organic composting program. She attended the
HeightsNEXT Movie Night, the Metro Council 50th Anniversary Event, the High School's 1 Act plays, the Anoka
County Local Officials meeting, and attended the VFW's Karaoke night. HeightsNEXT is working with Anoka
County and the Public Works department to host a "Fix -it Clinic" in October.
Councilmember Murzyn, Jr. reported the Planning & Zoning Commission reviewed various proposed changes
to their bylaws, including the size, name and meeting start time.
Councilmember Novitsky reported he participated in the Fire and Ice Plunge. An announcement for a
Columbia Heights Royalty Pancake Breakfast Fundraiser was made.
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Mayor Schmitt attended the Metro Council 50th Anniversary Event, the Anoka County Local Officials meeting,
and the Minneapolis Connections conference. A groundbreaking for Grand Central Lofts is scheduled for
Thursday, February 15th.
11. CITIZENS FORUM
Rachel James -4448 Tyler St NE gave an update from the Multi- Cultural Advisory Committee, as well as reading
their mission statement. Ms. James also gave a report on the Sheridan Story; a group which provides food for
the families of school district students over the weekends.
Malcom Watson -1717 49th Ave NE offered a tribute to former City Assessor Mildred Carlson; who recently
passed away.
Andy Smoka -1206 Khyber Lane asked if there was any update on Hy -Vee? Councilmember Buesgens stated
Hy -Vee owns the property, and in order to receive the TIF money granted, they need to start the project
before June, 2018.
12. ADJOURNMENT
Motion by Councilmember Williams seconded by Councilmember Buesgens to adjourn. All Ayes, Motion
carried; Motion Carried.
Meeting adjourned at 8:15 p.m.
&k&W
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION 2018 -08
ADOPTING A CHANGE IN WAGE RANGE AND ESTABLISHING WAGES FOR
SEASONAL /TEMPORARY RECREATION POSITIONS
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City
Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis, changes may
be adopted in Wage Ranges; and
WHEREAS, effective January 1, 2018 the State of Minnesota minimum wage was increased from the current
$9.50 per hour to $9.65 per hour.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes new wage ranges for non-
union seasonal /temporary Recreation positions as indicated on Schedule III, which is attached and on file in
the office of the City Manager.
BE IT FURTHER RESOLVED that such schedule be effective January 1, 2018.
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RESOLUTION NO. 2018 -11
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, on behalf of the City of Columbia Heights, the City of Coon Rapids has prepared plans and specifications
for the 2018 Street Maintenance Program including Seal Coat Improvements for Zone 2A streets bounded by
Reservoir Boulevard on the west, Stinson Boulevard on the east, 37 "Avenue on the south and 451hAvenue on the
north;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1.Such plans and specifications identified as City of Coon Rapids 2018 Street Maintenance Program (Columbia
Heights Project Number 1701) are hereby approved.
2.The City of Coon Rapids shall prepare and cause to be inserted in their official paper and in a trade journal (or
equivalent) an advertisement for bids upon the making of such improvement under such approved plans and
specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall
specify the work to be done, shall state that bids will be received by representatives of the City Councils of Coon
Rapids and Columbia Heights until 10:00 a.m. on Friday, March 16, 2018, at which time they will be publicly opened
at the place designated, will then be tabulated and will be considered by the Columbia Heights City Council on
Monday, March 26, 2018 in the Council Chambers. Any bidder whose responsibility is questioned during
consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids
will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified
check payable to the City of Coon Rapids for 5 percent of the amount of such bid.
Ordinance No. 1645
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1407, CITY CODE OF 2005, PERTAINING TO THE
PLANNING COMMISSION
The City of Columbia Heights does ordain:
Chapter 3, Article III. Section 6, Subsection 3.306(1), which currently reads as follows, to wit:
3.306(1) A Planning and Zoning Commission is hereby established which shall consist of five
members to be organized as follows:
(a) The members shall be appointed by the Council and may be removed by a four -
fifths vote of the Council. The City Engineer, Zoning Administrator, Building
Official and City Attorney shall serve as ex- officio members of the Commission.
(b) The appointed members shall serve a term of four years to be staggered so that
the term of one member shall expire each year. Every member shall take an oath
that he /she will faithfully discharge the duties of office.
(c) The Commission shall elect a Chairperson from among its membership. The
Secretary need not be designated from the Commission membership.
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Is hereby amended to read as follows:
3.306(1) A Planning Commission is hereby established which shall consist of seven (7) members
to be organized as follows:
(a) The members shall be appointed by the Council and may be removed by a four -
fifths vote of the Council. The Community Development Director, City Planner,
Building Official and City Attorney shall serve as ex- officio members of the
Commission.
(b) The appointed members shall serve a term of four (4) years to be staggered so
that the term of one member shall expire each year. Every member shall take an
oath that he /she will faithfully discharge the duties of office.
(c) The Commission shall elect a Chairperson, Vice Chairperson and
Secretary /Treasurer from among its membership. Officer positions shall be
elected annually at the first meeting of the year. The Recording Secretary need
not be designated from Planning Commission membership.
(d) Planning Commissioners must attend a minimum of seventy -five (75) percent of
regularly scheduled annual meetings. Failure to meet this requirement shall
result in a recommendation to the City Council for a Commissioner's removal.
(e) Regular monthly meetings of the Planning Commission shall take place at 6:00
pm on the first Tuesday of each month in City Council Chambers, unless
otherwise publicly noted.
Ordinance No. 1646
amending chapter 4 of Refuse contract FIRST Reading
Chapter 4, Article VII is intended to be repealed and replaced with the following:
CHAPTER 4: MUNICIPAL SERVICES
ARTICLE VII: GARBAGE AND RECYCLING SERVICES
Section:
4.701 Intent
4.702 Definitions
4.703 General Operations
4.704 Garbage General Requirements
4.705 Recycling General Requirements
4.706 Other General Requirements
4.707 Solid Waste Service Rates and Billing
4.701 Intent.
It is the intent of the City Council to establish a system for the orderly and regular collection of garbage,
recyclables, problem materials, source separated organic materials and yard wastes in the city; to insure that
the disposal of the materials shall be accomplished in a sanitary manner; to ensure the protection of public
health and safety and promote city cleanliness and livability; to minimize vehicle wear and tear on streets due
to large truck traffic; to provide high quality solid waste and recycling services in the most cost - effective
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manner possible; and, to be consistent with the requirements of the state statutes, state rules and Anoka
County ordinances, and with state and Anoka County solid waste plans.
The City Manager or their designee shall have the authority to develop Solid Waste Management Operating
Policy (SWMOP) concerning days of collection, use, type and location of waste containers and other matters
as they deem necessary to provide for the safe, orderly and cost - efficient preparation, storage, collection and
disposal of all waste materials covered in this ordinance. These Operating Policies shall not be contrary to this
ordinance. The City Council will approve the SWMOP and approve changes as required.
4.702 Definitions.
As used in this Section, the following words, terms and phrases shall have the following meanings, except where
the context clearly indicates otherwise:
A. Appliance. "Appliance" shall mean white goods such as refrigerators, freezers, washers, dryers, dishwashers
and other similar large household equipment, but shall not include electronic devices such as computers,
printers, routers and similar equipment.
B. City. "City" shall mean the City of Columbia Heights, Anoka County, Minnesota.
C. City Council. "City Council" shall mean the City Council of the City of Columbia Heights, Anoka County,
Minnesota.
D. City- Designated Solid Waste Disposal Facility. "City- Designated Solid Waste Disposal Facility" shall mean the
facility designated by the city where MSW collected in accordance with the city's Solid Waste Services
Agreement is to be deposited.
E. Collection. "Collection" shall mean the aggregation of MSW, recyclables, problem materials, yard waste, and
source separated organic materials from the premise at which they are generated, and including all
activities up to the time they are delivered to a facility or end market.
F. Collection Vehicle. A "Collection Vehicle" shall be any vehicle licensed and inspected for Solid Waste
Collection as required by the city, county, and /or state
G. Composting Facility. "Composting Facility" shall mean any facility licensed to process Yard Waste and /or
SSOM in conformance with federal, state and local regulations.
H. County. "County" shall mean County of Anoka, Minnesota.
I. Designated Service Provider, Service Provider. The Designated Service Provider (Service Provider) is the
haulers /handlers contracted by the city to provide collection of most Solid Wastes generated at Premises in
the city. The city reserves the discretion to add other service locations (non - municipal) as agreed to by
Council resolution.
J. Dumpster. " Dumpster" shall mean a container having a minimum capacity of one (1) cubic yard, of an
approved sanitary type, with the proper attachments for lifting onto a Collection Vehicle.
K. Dwelling Unit. "Dwelling Unit" shall mean a separate dwelling place with a kitchen.
L. Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section 115A.1310,
subdivision 7 as a "covered electronic device" and includes items such as television and computer monitors,
computers, computer peripheral devices, fax machines, DVD players, video cassette recorders, other video
display devices, cell phones and other small Appliances with an electric cord.
M. Hazardous Wastes. "Hazardous Wastes" shall have the meaning set forth in Minnesota State Statutes.
Wastes are hazardous in Minnesota when they display one or more of these characteristics: Ignitable,
Oxidizer, Corrosive, Reactive, Toxic, or Lethal.
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N. Holidays. "Holidays" shall be New Year's Day, Memorial Day, Fourth of July (Independence Day), Labor Day,
Thanksgiving Day, and Christmas Day.
0. Mixed Municipal Solid Waste. (MSW) "Mixed Municipal Solid Waste" has the meaning set forth in
Minnesota Statutes and includes refuse, rubbish, trash, and other Solid Waste from residential,
commercial, industrial, and community activities, that the generator of the waste aggregates for collection.
MSW does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree
and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials
collected, processed, and disposed of as separate waste streams. Also referred to as "Garbage."
P. Multiple Dwelling Premises (Multi - Dwelling Premises). "Multiple Dwelling Premises" are any premise with
more than four (4) separate dwelling units including, but not limited to, apartments.
Q. Premise, Premises. "Premise(s)" shall mean any dwelling unit, building and every other place where any
person resides within the city, including properties with more than one dwelling unit and properties with
premises attached to retail or commercial structures.
R. Problem Materials. "Problem Materials," also known as bulky waste, shall have the meaning set forth in
Minnesota State Statutes 115A.952 and is a subset of Municipal Solid Waste. In this Ordinance Problem
Materials includes household items and other discarded materials that, due to their dimensions and
weight, are typically not collected as part of the regular Garbage and recycling services or for which there
may be a separate fee, such as furniture, carpeting, and mattresses.
S. Processing. Processing shall have the definition in Minnesota Statutes and shall mean the treatment of waste
after collection and before disposal.
T. Recycling. "Recycling" shall have the definition in Minnesota Statutes, and shall mean the process of
collecting and preparing recyclable materials and reusing the materials in their original form or using them
in manufacturing processes that do not cause the destruction of recyclable materials in a manner that
precludes further use.
U. Recyclables. " Recyclables" shall have the meaning set forth in Minnesota Statutes and means materials that
are separated from municipal solid waste for the purpose of recycling or composting, including paper, glass,
plastics, metals, automobile oil, batteries, and source - separated compostable materials and all material
hereafter designated as Recyclable by the city's Solid Waste Operating Policies.
V. Roll -off container. A "Roll -off container" is an open top dumpster characterized by a rectangular footprint,
utilizing wheels to facilitate rolling the dumpster in place. The container is designed to be transported by
special roll -off trucks.
W. Solid Waste. "Solid Waste" has the meaning set forth in Minnesota Statutes, section 116.06, but is further
defined for purposes of this ordinance to include MSW, recyclables, problem materials, yard waste, SSOM
and litter.
X. Source Separated Organic Materials (SSOM). "Source Separated Organic Materials" shall have the meaning
set forth in State Statute, and shall include food waste and other compostable organic materials that are
source separated for recovery. The term "Organics" does not include yard waste for purposes of this
Ordinance. (Also referred to as "food waste /organics" and "source separated organics ".)
Y. State. State shall mean the State of Minnesota.
Z. Yard Waste. "Yard Waste" shall mean garden wastes, leaves, lawn cuttings, weeds, shrubs, brush and tree
waste and prunings.
4.703 General Operations.
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A. Collection Required. Every Residential Premise shall use the collection service for MSW, recyclables, SSOM
and yard wastes, as is made available by contract between the city and its designated service provider and
which complies with the Solid Waste Operating Policies of the city.
B. Unlawful Accumulation. No person shall allow MSW, recyclables, problem materials, SSOM, yard wastes,
hazardous wastes or any other waste to accumulate upon property owned or occupied by any such person;
or fail to dispose thereof in a manner meeting the provisions of this Section and Chapters 5A and 8 of city
code.
C. Burning or burying prohibited. No person shall burn or bury any MSW, recyclables or other waste materials
within the city.
D. Hazardous Waste. No person shall place hazardous waste in garbage, recycling or yard waste containers.
Hazardous waste shall only be processed /disposed of in accordance with city, county, state and federal
rules and requirements.
E. Ownership of Solid Waste. MSW, recyclables, problem materials, SSOM or yard wastes shall be owned by
and be the responsibility of the occupants of the premises until collection by the designated service
provider. Upon collection of the solid waste by the designated service provider, the solid waste becomes
the property and responsibility of the service provider. All solid waste shall be transported to, weighed in at
and disposed at a solid waste facility that is approved by the city.
(1) Collection of Solid Waste. The service provider shall collect solid wastes at designated collection points
as permitted by Section 8.301(E). All collection services shall be conducted Monday through Friday.
When holidays fall on a weekday, collection shall be made within the next calendar day which is not
a Sunday. Clean and safe collection. It shall be the duty of the service provider and every
subcontractor, and person, including their agents and employees, who is licensed to remove any
solid waste or any other waste material or who is engaged in the removal, loading or unloading of
any such substance in the city to do so efficiently, in a clean manner and with as little danger and
prejudice to life and health as possible.
(2) All persons engaged in the collection of solid waste in the city shall transport the materials in enclosed
vehicles, carts, dumpsters, bins, or other secure containers so as to prevent any loss of these
materials and to prevent litter. Care shall be taken to ensure no blowing or escape of trash, litter,
yard wastes or liquids from truck operations occurs during collection.
(3) No collection of residential MSW, recyclables, problem materials, SSOM or yard wastes shall be made
except between the hours of 6:00 a.m. and 8:00 p.m.
F. Walk -up Service. 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 provider, whereby the hauler will service
those containers from the house access that is nearest the designated collection point.
G. Collection Point: The location for collection of refuse containers as determined in Solid Waste Operating
Policy must be cleared of obstructions and hazards such as snow and ice for the scheduled collection to
occur.
H. Separation of Recyclables. Occupants of all premises shall separate recyclables for pick -up. All separated
recyclables must be transported to a licensed recycling facility or delivered to an end market for sale or
reuse, or brought to an intermediate collection center for later delivery to a licensed processing center or
end market for recycling. It is unlawful for any person to transport for disposal or to dispose of designated
recyclables
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in a MSW disposal facility. No separated recyclables may be incinerated or landfilled or composted or made
into fuel pellets.
I. Scavenging Prohibited. No person shall scavenge or otherwise collect MSW, recyclables, problem materials,
SSOM or yard wastes from containers or from public or private property unless licensed therefore by the
city or unless permission of the owner of any such materials has been given.
J. Service Provider limits: The City will review other service providers and prices at the end of each contract
term or following contract extension.
4.704 Garbage General Requirements.
A. Each premise shall have its garbage collected a minimum of once each week, excepting those premises
participating in the SSOM program and authorized a thirty (30) gallon cart low volume service as
determined by Solid Waste Operating Policies.
B. The City shall provide each premise with a garbage container (wheeled carts with attached lids) or
dumpsters. Except as otherwise set forth herein, all containers furnished by the city shall, while in the
possession and control of the residences and multiple dwelling units, remain the property of the city.
Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended
and shall, not make any alterations to the containers. Owners of premises shall be responsible for loss or
damage to the containers in excess of ordinary wear and tear. In the event more than one container is
requested or a replacement container is requested due to theft or damage beyond ordinary wear and tear,
the City shall provide additional containers.
C. Multiple dwelling properties. The service provider shall provide each multiple dwelling Premise with at least
one standard dumpster or equivalent number of large containers and collections, to be collected a
minimum of once per week. Dumpsters remain the property of the service providers. Multiple dwelling
premises 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. See chapters 5A and 8 of city
code.
4.705 Recycling General Requirements.
A. Items designated for recycling shall be listed in the Solid Waste Operating Policies to be part of an authorized
recycling program and contamination will be dealt with according to that policy.
B. The City shall be responsible for collection of recyclable materials from containers at residential properties in
the city. Additional authorized recyclable materials will be collected outside of the container when bagged
or boxed that meets service provider specified procedures.
C. City of Columbia Heights Recycling Center. The city may, at the city's option, add or remove recyclable items
collected at the Recycling Center or discontinue the program entirely as determined by the Solid Waste
Operating Policies. The Recycling Center may be utilized by area businesses and residents. Rimless tires may
be delivered only by Columbia Heights residents for non - commercial purposes. Further, rimless tires are
limited to four car or light truck tires per resident each year.
4.706 Other General Requirements.
A. The City shall organize weekly collection and recycling /processing of appliances at a minimum. Each property
is authorized removal of one appliance each calendar year at no cost, for each dwelling unit, which shall be
tracked by the service provider.
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B. The City shall provide problem material (bulk) collection services a minimum of twice /week. The service
provider shall conduct scheduling, collection and processing /disposal, donation and /or recycling services
for problem materials from premises at the premise's request. Contamination will be dealt with according
to Solid Waste Operating Policy. Problem material recycling must include a donation stop and the recycling
must meet SCORE (Select Committee on Recycling and the Environment) creditable.
C. The City shall organize monthly residential collection and processing /disposal of household electronic waste
at a minimum. The service provider shall schedule work orders for premises and charge a flat fee as
determined by the city.
D. The service provider shall insure that processing of problem materials shall be conducted at a licensed
facility in accordance with applicable county, state and federal rules and regulations.
E. The City is responsible for weekly collection of yard waste (as defined by Solid Waste Operating Policies)
from premises during the growing season (April - November). Yard waste collected from premises shall
occur on the same collection day as garbage and recycling. Christmas tree collection will be conducted after
the holiday season.
F. Yard waste collection shall be limited to only those materials placed in carts owned by the city or in
compostable bags that meet State of Minnesota, Anoka County, and City of Columbia Heights
requirements. Other reusable containers allowed will be determined by the service provider and the City in
the Refuse Operations Policy.
G. The City is responsible for weekly collection of organics (as defined by Solid Waste Operating Policies) from
premises during the growing season, April — November, plus during the winter. Organics collected from
premises shall occur on the same collection day as garbage and recycling except during the winter. Items
designated for recycling shall be listed in the Solid Waste Operating Policies to be part of an authorized
organics program and contamination will be dealt with according to that policy. Food waste must be
enclosed in compostable bags and disposed in City authorized containers only.
H. The City Council may impose an administrative fine on any person found in violation of any applicable
statute, regulation, and provision of this section, or the city's Solid Waste Operating Policies.
(1) Any proposed revocation shall be preceded by a public hearing, conducted before the City Council, and
preceded by at least 15 days' public notice of the hearing. The notice, in addition to setting forth
the time and place of the hearing, shall state the nature of the charges for which revocation shall
be considered.
(2) The following are minimum penalties which shall be imposed by the City Council for violations of any
applicable statute, regulation, provision of this chapter, or the city's Solid Waste Operating Policies
(a) For the first violation, at least a $100 administrative fine.
(b) For the second violation within any four (4) year period, at least a $300 administrative fine.
4.707 Solid Waste Service Rates and Billing.
A. Charges. The Council shall by resolution fix all charges and penalties for solid waste 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 billing by division (C) of this section. Other charges and fees for services may be
included in Solid Waste Management Operating Policies.
B. Owner liability for charges. In billing solid waste service the rates shall be applied by container size and
service level. The property owner shall be liable for solid waste 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.
City Council Minutes
February 12, 2018
Page 13 of 13
C. Statements; delinquent bills, stop- service for non - payment; resumption of services.
(1) Accounting. The administration services of the city shall provide for a method of periodic accounting and
recording of solid waste 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 solid
waste services, regardless of usage; and other charges as necessary and appropriate for revenue
for the maintenance and operation of the city solid waste 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 record may request in writing.
(3) Due 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 solid waste 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 solid waste 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. Solid waste 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 solid
waste service, and proof of levy payment must be provided to the administrative service prior to
said service being turned back on.
(5) Shut -off for non - payment. Solid waste 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 whole or in part, together with the reasons or basis for such protest.
(6) Shut -off for non - payment under subdivision (C)(5)(a).
(a) Solid waste 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 non - payment under subdivision (C)(5)(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, solid
waste service may thereafter be terminated upon 24 hours' notice.
(8) Certification of delinquent bills. The Council may certify unpaid and delinquent solid waste bills to the
County Auditor annually for collection pursuant to the provisions of M.S. § 444.075, as it may be
amended from time to time.