Loading...
HomeMy WebLinkAbout04-04-22 City Council Work Session Packet CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers John Murzyn, Jr. Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois Public Safety Bldg—Training Room, 825 41st Ave NE Monday, April 04, 2022 7:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 824 1527 2992 or by Zoom at https://us02web.zoom.us/j/82415272992. For questions please call the Administration Department at 763-706-3610. CALL TO ORDER/ROLL CALL WORK SESSION ITEMS 1. MnDOT and Metro Transit Updates. 2. Stop Sign Plans. 3. Traffic Commission Purpose. 4. Tree and Weed Services – Ordinance Updates. 5. Water Service – Ordinance Updates. 6. No Mow May. 7. Council Workshop and Visioning/Goal Setting Session. ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 1 CITY COUNCIL MEETING AGENDA SECTION WORK SESSION MEETING DATE APRIL 4, 2022 ITEM: MnDOT and Metro Transit Updates DEPARTMENT: Public Works BY/DATE: Kevin Hansen 3/30/2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Staff from both the Department of Transportation and Metro Transit will be attending the work session to provide updates on the TH 47/65 PEL Study and Bus Rapid Transit or BRT coming to Columbia Heights. PEL STUDY (Phase II): The City of Columbia Heights has been participating in MnDOT’s PEL study along TH 47 and TH 65 for the last couple of years (study area map attached). A PEL study looks at current transportation conditions and problems, following a federally established process, and presents the likel y future needs for the next 20 or more years, based on data and community input. A PEL study is a relatively new tool for MnDOT. It emphasizes community engagement and collaboration early in transportation planning. This will allow MnDOT to better understand community needs before specific transportation projects are designed and built. The first phase of the PEL study did not look at specific improvements but provided a long-term vision of what types of improvements are needed most and where they should be located. That study is now complete and MnDOT has begun working on Phase II. The intent of the PEL Study is improved safety, focusing on pedestrians. Previous studies along these segments of University and Central Avenues, including MnDOT’s 2018 Road Safety Audit and the Minneapolis 2019 Vision Zero Plan, have highlighted safety and accessibility needs for bicyclists and pedestrians. The rates of fatal and severe crashes here are above the statewide average. There are more accidents than average on some segments of Hwy 47 and Hwy 65, and the accidents that involve pedestrians and bicyclists are far more likely to result in death or serious injuries. The study will produce a “road map” of where improvements are needed most--based on community input and data analysis. The study will not design specific construction projects, but will lay the groundwork that is necessary to help MnDOT and local partners prioritize projects and obtain funds for them. MnDOT last provided an update on the first phase of the PEL study to the Council at the April 2021 work session. MnDOT’s North Area Engineer, Melissa Barnes, along with the PEL Study Outreach coordinator will attend the meeting (via Zoom) to review the 2nd phase of the PEL study, review demonstration projects in Columbia Heights, and MnDOT’s public engagement plan moving forward. 2 Item 1. City of Columbia Heights - Council Letter Page 2 BUS RAPID TRANSIT (BRT): Bus rapid transit (BRT) provides an improved customer experience with frequent service and faster trips in the Metro’s busiest bus corridors. In February of 2021, the METRO F serving the Central Avenue corridor was approved. Metro Transit has developed a corridor concept plan that identi fies preliminary station locations and service plans for the F Line and modifications to existing routes in the corridor (attached). Highlights are as follows: o BRT would replace bus route 10 on University Avenue north of 53 rd Avenue. o Bus route 10 would continue to run but be modified from 53rd Avenue from downtown Minneapolis, and run at a reduced frequency at every 30 minutes. o Bus route 59 would be eliminated and replaced by the BRT. o There are six stops proposed for the BRT line in Columbia Heights: on Central at 37th, 41st, 45th 49th and 53rd Avenue near Central and University Avenues. o The BRT stop at 41st Avenue would be on-street, not in the transit hub, closing the access from Central Avenue to the Transit Hub. o Metro Transit’s is currently developing a corridor plan that sites stations more specifically, down to the intersection corner. o A Technical Advisory Committee has been meeting made up of corridor cities, counties, and MnDOT. o Public engagement around the corridor plan is planned for 2022/23. o Following multiple public review periods, the final plan would be approved by the Metropolitan Council in 2023. o Following plan approval, construction plans will start in 2023/24, working closely with the local governments and MnDOT. o Plans would be finalized in late 2024 for a spring 2025 construction start, pending full funding. o The F Line would open for service in 2026, pending full funding. Adam Smith, Metro Transit’s project coordinator, will be attending the meeting via Zoom to provide an update on the BRT development process and timeline. Attached please find a map that shows the route of the new BRT line on Central or ‘F’ line as Metro has labeled it. Metro Transit will go through the current planning of the project and also provide information on their public engagement process. RECOMMENDED MOTION(S): None – discussion only ATTACHMENTS: PEL Map BRT F Map 3 Item 1. Purpose and Need Statement - 06/21/2021 13 Figure 2-2. Roadway Sections within PEL Study Area 4 Item 1. 5 Item 1. CITY COUNCIL MEETING AGENDA SECTION WORK SESSION MEETING DATE APRIL 4, 2022 ITEM: Stop Signs DEPARTMENT: Public Works BY/DATE: Kevin Hansen 3/30/2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: The federal Uniform Traffic Control Devices Manual dictates the size, shape and color of all traffic signs in addition to providing guidelines for installation. The federal manual helps create uniformity between states. The State of Minnesota has a similar traffic manual that is in compliance with the federal manual. The City is required by state law to comply with the guidelines of the state traffic control manual. Stop signs on local streets are reviewed based on the Manual of Uniform Traffic Control Devices, or MUTCD guidance and recommendations. Requests for new stop signs are then reviewed by staff and a report is prepared for Traffic Commission review – providing a recommendation to the City Council. Each year, staff receives multiple requests that are often made with a desire to improve safety. In reviewing the requests for intersection control (stop signs and in some instances yield signs), the Traffic Commission has indicated a desire to have a more wholistic approach to stop sign requests. A couple of things to remember about stop signs:  The stop sign is one of the most misunderstood traffic devices around. Each year, people ask for stop signs to be installed to reduce speeding and improve safety.  Experience has shown that simply improving the intersection visibility by prohibiting parking or removing vegetation near the intersection is often more effective in reducing traffic accidents than installing stop signs. These measures often reduce the need to install more restrictive intersection controls.  The purpose of a stop sign is to assign righ t-of-way at an intersection, not control speed. In fact, experience shows motorists have a tendency to speed up between stop signs when they are overused. Stop signs do not necessarily improve safety. If the Council desires to have a more uniform approach to stop signs in the City, a stop sign policy should be prepared that would establish consistent patterns for where stop signs are placed and may provide drivers with more consistent expectations when driving on local roads. For reference, attached please find a map detailing the existing stop signs in the City of Columbia Heights. RECOMMENDED MOTION(S): MOTION: None – discussion only Attachment: Existing stop sign map 6 Item 2. 7 Item 2. CITY COUNCIL MEETING AGENDA SECTION WORK SESSION MEETING DATE APRIL 4, 2022 ITEM: Traffic Commission Purpose DEPARTMENT: Public Works BY/DATE: Kevin Hansen 3/30/2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) X Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability X Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: The Columbia Heights Traffic Commission was established by ordinance in 1980. Its definition and purpose from City Code is: § 3.308 TRAFFIC COMMISSION. (A) Establishment. A Traffic Commission is hereby established. (B) Membership. The Traffic Commission shall be composed of five members. The Public Works Director, or a person designated by the Public Works Director, and the Chief of Police, or a person designated by the Police Chief, shall serve as ex officio members of the Commission. (C) Authority and Duties. The Traffic Commission shall serve as an advisory body to the Council and the administrative service of the city. The Commission shall study and investigate all matters pertaining to the regulation of traffic upon the streets and ways within the city on its own initiative, or as referred to the Commission by the Council or the administrative service of the city. The Commission shall conduct public hearings as are necessary to give full consideration to such matters. Written recommendations shall be forwarded to the Council and the Manager. (D) The Manager shall direct the administrative service to act on said recommendations upon the expiration of 30 days of receipt thereof, when authorized to do so by Chapter 7 of this code, except as otherwise provided below. (E) Administrative action on the recommendations of the Traffic Commission shall be subject to a right of appeal to the Council by any interested person, and the right of the Council to direct that the Commission recommendations be modified or not pursued. Upon receipt of notice of appeal or Council intervention, the Manager shall suspend further administrative action until directed by Council action. (F) Notwithstanding the provisions of division (D) of this section, recommendations and findings pertaining to the regulation of traffic on a State Trunk Highway or other roads not within the exclusive jurisdiction of the city shall be submitted exclusively to the Council for further action. Where required by the laws of the State of Minnesota, consent of the State Commissioner of Highways shall be obtained prior to formal Council action on the Commission's recommendations. (`77 Code, § 3.308) (Am. Ord. 986, passed 12-28-81; Am. Ord. 1206, passed 10-22-90; Am. Ord. 1408, passed 2-14-00; Am. Ord. 1664, passed 2-22-21) Based on this definition and purpose, City staff has traditionally brought forward such traffic issues as resident requests for local traffic control such as Stop and Yield signs, and changes to street parking designations. Recently, there has been some discussion of expanding the purpose/role of the Traffic Commission to incorporate a program similar to Vision Zero in the City of Minneapolis. Examples include reducing posted speed limits, increasing the pedestrian/bicycle network, and implementing traffic calming strategies as outlined in both the comprehensive plan and MnDOT Minnesota’s Best Practices for Pedes trian and Bicycle 8 Item 3. City of Columbia Heights - Council Letter Page 2 Safety. In order to change the scope of the Traffic Commission the City Council must amend the City Code and address the additional staff time and associated costs with the expanded Commission scope. Staff believes the scope of the Vision Zero program the City of Minneapolis has undertaken is broader and more staff intensive than Columbia Heights is capable of; but does believe there are additional actions the City could use a commission to further, such as planning for additional pedestrian facilities and reviewing road designs for areas such as 40th Avenue and Central Avenue. However, to increase the scope of the current commission or create a new commission, staffing and budget must be discussed and amended. The current staff hours available to provide Commission support and to further the goals and actions of the Com mission are not adequate. Staff requested a review and discussion of expanding the Traffic Commission to a more comprehensive multi- modal commission, with a focus on budget and staff ability to support an expanded role. RECOMMENDED MOTION(S): MOTION: None – discussion only 9 Item 3. CITY COUNCIL MEETING AGENDA SECTION WORK SESSION MEETING DATE APRIL 4, 2022 ITEM: Tree and Weed Services – Ordinance Updates. DEPARTMENT: Public Works BY/DATE: Kevin Hansen 3/30/2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability X_Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: The City of Columbia Heights adopted the current Tree and Weed Services ordinance in 1977. It has been amended twice, the most recent in 2010 . Since the adoption of the ordinance and subsequent amendments, new challenges and diseases and pests have emerged, and the best practices for managing them has changed. To align our practices, procedures and current enforcement of the ordinance, an amendment to the Tree and Weed Services ordinance is necessary. Also, throughout this chapter all gender specific pronouns have been replaced, the term Forester has been added to recognize the new title of our Urban Forestry Specialist and scientific names have been updated where necessary. To meet the challenges facing our urban forest and provide clarification and enforcement measures the following ordinance amendments to update the city code are recommended: CHAPTER 4: MUNICIPAL SERVICES ARTICLE II: TREE AND WEED SERVICES Chapter 4, Article II is attached with the recommended changes identified in red. SECTION 1: REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES. Item E.6 is added in total to include parts of trees within the authority of the City to inspect and require remediation or removal. Item E.7 increases the minimum distance a tree must be pruned above streets and sidewalks within the public right-of-way. It is also amended to provide authority for the removal of parts deemed to be an immediate threat to the public. Item J establishes the requirement for all tree removal companies to be licensed through the City annually. Item K is amended to clarify the process and procedure of abatement and provide authority for the City to trim trees within the right-of-way during regularly scheduled activities without first notifying the property owner. SECTION 2: DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL. This section is amended to restrict planting trees with a mature height taller than 25’ within 25’ of overhead utilities and allow for a process for citizens to request an exemption to the stump removal requirement. SECTION 3: WEED REMOVAL. Section 3 is amended to include the term “managed natural landscape”. This term is included to recognize the desire of the public to reduce the maintenance requirements of their lawn and provide natural growth for insect 10 Item 4. City of Columbia Heights - Council Letter Page 2 habitat. The process for deciding if an area is managed will fall to the City and residents must comply with City requirements. Staff recommends scheduling the first reading of Ordinance Amendments amending Chapter 4 of the City Code for April 11, 2022 ATTACHMENT(S): City Code Section Chapter 4, Article II 11 Item 4. ARTICLE II: TREE AND WEED SERVICES Section 4.201 Removal of diseased, dead or hazardous trees 4.202 Disease control, planting and routine removal 4.203 Weed removal § 4.201 REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES. (A) Declaration of policy. The health of the trees in the city is threatened by shade tree pests, and the loss or ill health of trees growing upon public and private property substantially depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to and in accordance with M.S. §§ 89.001, 89.01, and 89.51-64, as they may be amended from time to time, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. (B) Declaration of shade tree pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest, as defined by M.S. § 89.001, as it may be amended from time to time, 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) City Forester/Tree Inspector. The Council may 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, control, and prevention of shade tree pests. The Forester and/or Tree Inspector is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term “Tree Inspector” includes person designated by the Council or the Forester to carry out the activities authorized in this section. (D) Public nuisances declared. The following are public nuisances whenever they may be found within the city. (E) The Forester or his their official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below-described conditions: (1) Living or standing elm (Ulmus spp.) trees or parts thereof which are infected with the Dutch eElm disease fungus fungi Ophiostoma ulmi or Ophiostoma novo-ulmi,Ceratocystic Elmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus Scolytus Multis Triatus (Eichh) or Hylurgopinus Rufipes (Marsh) Hylurgopinus rufipes. (2) Living or standing oak (Quercus spp.) trees or parts thereof which are infected with the Oak oak wWilt Disease disease fungus Bretziella fagacearum (syn. Ceratocystis fagacearum) Ceratocyrstris Fagacearum. (3) Any living or dead ash (Fraxinus spp.) tree or part thereof infected to any degree with the insect Emerald Ash Borer, Agrilus planipennis Agrilus planipennis Fairmaire (Coleoptera: Buprestidae). Commented [LG1]: Gendered language in reference to the Forester/ Tree Inspectors has been removed throughout. Formatted: Font: Italic Commented [LG2]: Ophiostoma ulmi, O. novo-ulmi; Correct usage of updated Latin names of fungi and insects throughout the document. Formatted: Font: Italic Formatted: Font: Italic 12 Item 4. (4) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester or any destructive or communicable disease or insect infestations. (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. (6) Any dead trees or parts of trees, standing or fallen, including limbs, branches, and stumps. (67) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less than eight sixteen feet above the surface of the street, sidewalk or alley, or less than ten feet above a sidewalk, or a tree or part thereof that poses an immediate threat to public safety, or public property, as determined by the Forester. (F) It is unlawful for any person to permit any public nuisance as defined herein on any premises owned or controlled by him them 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 their 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 this section to be a public nuisance, exists thereon. All reported incidents of infection by Dutch eElm fungius, the presence of elm bark beetles, of infection by the oOak wWilt fungus or the presence of Emerald Ash Borer 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 Forester/Tree Inspector or with anyone acting under the Forester/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 herein, the organism, condition, plant, tree, wood, or material identified as injurious to the health of shade trees shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed herein. (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 herein, 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 M.S. § 18G.07, as it may be amended from time to time, and must also be licensed by the City on an annual basis. 13 Item 4. (K) Standard abatement procedure. Except as provided herein, whenever a Forester/Tree Inspector determines with reasonable certainty that a public nuisance, as described by this section is being maintained or exists on premises in the city, the Tree InspectorForester is authorized to abate a public nuisance according to the procedures in this division. (1) The nuisance shall be clearly physically marked by the Forester wherever possible. The Forester will notify in writing the owner of record or occupant of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the notice shall be filed with the City Clerk. The notice shall require abatement of all identified public nuisances and shall clearly state the time by which the abatement must be completed. (2) The notification shall require abatement of such condition within 20 days from the date of the mailing of the notice. (23) 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. (a) 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. (b) 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. (3) Limbs or parts of trees or shrubs encroaching upon the public right of way, signs, lights, or otherwise obstructing or interfering with public infrastructure and its intended uses, may be removed or abated by City staff or contractors during regularly scheduled tree maintenance activities without first providing notice to the tree owner. (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 division (K) must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. (M) 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 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, 14 Item 4. 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 an order requiring abatement of the nuisance. (N) Abatement procedure in event of imminent danger. (1) If the Forester/Tree Inspector determines that the danger of infestation to other shade trees, or danger to public safety or infrastructure is imminent,, and delay in control measures may put public health, safety, or welfare in immediate danger, the Forester/ Tree Inspector may provide for abatement without following the procedures described herein. 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 costs. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. (2) After notice and hearing, as provided in M.S. § 429.061, which may be amended from time to time, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. 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 more than 90 days, or a fine of not more than $1,000 or both. (2) Upon conviction of a misdemeanor, 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 shall 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. 15 Item 4. (`77 Code, § 4.201) (Am. Ord. 1248, passed 7-13-92; Am. Ord. 1579, passed 4-12-10) § 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL. (A) Whenever the Forester determines that any tree or wood within the city is infected with disease, he they 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 for abatement. (B) The Forester shall maintain trees on public streets, parks, boulevards and other public properties to facilitate the safe passage of pedestrian and vehicular traffic. (C) No person shall plant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission from the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards: (1) No more than one tree shall be planted for each 3040 feet of property frontage. (2) No trees may be planted under or within twenty fiveten lateral feet of any overhead utility wire except tree varieties that reach a mature height of 25 feet or less. No trees may be planted over or within five lateral feet of any underground water line or gas line, or over or within five lateral feet of any sewer line, transmission line or other utility. (3) No trees may be planted midway between the existing curb and sidewalk without the approval of the City Forester. In areas where curb and sidewalk do not exist, no tree may be planted closer than three feet from the projected curb line. (4) No tree shall be planted closer than 30 feet of any street corner, measured from the point of nearest intersecting curbs, or curb lines. No tree shall be planted closer than ten feet of any fire hydrant. (5) No person, firm, or city department shall top any public tree. Topping is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subdivision at the determination of the City Forester. (6) No tree stumps shall remain on any property. All stumps of trees shall be removed or buried to a minimum of four inches below the level of the surface of the ground including root extension to at least two feet from the outer edge of surrounding the stump. Residents may request in writing an exception from the City Forester. The request must clearly state the reason the exception is being requested, and why allowing the stump to remain should be considered. If at any time thereafter, the stump is found to be a nuisance, the City Forester may rescind the exception and require the removal of the stump. (D) The City Forester shall locate, select and identify any trees which qualify as “Landmark Trees.” A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement. 16 Item 4. (E) The city shall have the exclusive right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and rights-of-way. (F) No person except the City Forester, his their agent, or a contractor hired by the city may plant, remove, prune, trim, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The removal of basal suckers, also called water sprouts, is exempted from this clause. The person obtaining the written permission shall abide by the standards set forth in this section. (G) The City Tree Board shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of public trees and shall have full power and authority over all public and private trees that constitute a hazard or threat as described herein. (H) When the development of private and/or commercial property occurs, the Planning and Zoning Commission, City Engineer, and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and/or subdivided. (I) A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in § 1.999. Each day that a violation exists shall constitute a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation or death of a public tree located on city owned property is caused, the cost of repair of replacement of such tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of “A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens,” as published by the International Society of Arboriculture. (`77 Code, § 4.202) (Am. Ord. 1248, passed 7-13-92; Am. Ord. 1579, passed 4-12-10) § 4.203 WEED REMOVAL. (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas managed natural landscapes that are a part of an orderly landscape design and comply with City guidance and requirements. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. 17 Item 4. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on theirhis property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be posted on the property, served personally, or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/property for costs. (C) For properties for which there have been one or more notices issued within the prior 12-month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12-month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. (`77 Code, § 4.203) (Ord. 1511, passed 6-12-06; Am. Ord. 1544, passed 5-12-08; Am. Ord. 1590, passed 5-9-11) 18 Item 4. CITY COUNCIL MEETING AGENDA SECTION WORK SESSION MEETING DATE APRIL 4, 2022 ITEM: Water Service – Ordinance Updates DEPARTMENT: Public Works BY/DATE: Kevin Hansen 3/30/2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability X_Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: The City of Columbia Heights adopted the current water service ordinance in August 1991. Since the adoption of the ordinance many technologies, laws and practices have changed in the water industry, and within Columbia Heights Public Works. In an effort to align our practices, procedures and current enforcement of the ordinance, an amendment to the Water Service is necessary. Also, throughout this chapter all gender specific pronouns have been replaced. The Minnesota Department of Health, acting in the role of primacy for the Environmental Protection Agency, has enacted laws requiring the enforcement of cross connection control programs, and the identification and replacement of lead service lines. The Minnesota Uniform Plumbing Code was also recently updated. These new laws and codes require several ordinance changes. To meet the requirements of the new nationwide laws, and to bring our ordinance in line with the statewide plumbing code, the following ordinance amendments to update the city code are recommended: CHAPTER 4: MUNICIPAL SERVICES ARTICLE III: WATER SERVICE Chapter 4 is attached with the recommended changes identified in red. SECTION 3: WATER SERVICE CONNECTIONS AND DISCONNECTIONS; CHARGES; MANNER AND COSTS. The tapping of water services is no longer done by City staff. Licensed contractors perform this task and the resulting work is inspected by Public Works. Additionally, no person other than City staff is allowed to operate valves on the water distribution system. The addition of item B.4 adds language to codify this practice. SECTION 4: INSTALLATION AND CONSTRUCTION REQUIREMENTS AND SPECIFICATIONS. Item D is amended to clarify the process of adding a water service to the distribution system and ensure proper review of service size is conducted before installation. Item F is amended to clarify “All taps other than” meant larger than 2” in diameter. Item J is updated to consider construction techniques which may place the water meter someplace other than within 1 foot of an exterior wall. It is also amended to ensure valves are sized accordingly to the pipe on which they are installed, not service size. This change is necessary because a large service pipe will be often reduced before a meter is installed. This allows the meter to be sized for the expected usage and not the size of the service. This practice makes the metering of water more accurate . Item M is 19 Item 5. City of Columbia Heights - Council Letter Page 2 added in total to establish code pertaining to cross connection control. The EPA and MDH updated enforcement guidelines pertaining to backflow prevention inspection and cross connection control. This item was added to ensure the City has the necessary authority to inspect devices, require their proper installation and repair, and penalize property owners that do not comply with the requirements. A connection that requires a control device poses a threat to the public water supply, and this item is a means for the city to protect the water supply. SECTION 6: SEPARATE SERVICE TO EACH BUILDING. The requirement that each unit in a building have a separate curb stop was added to ensure new and altered water services comply with this requirement. The curb stop is the point of control for the City for each metered unit. Having separate curb stops allows for the water at one unit to be shut off without disrupting service to other units. This addition only pertains where separate meters are installed and SECTION 12: WATER METERS. Item A.2.d is amended to provide adequate space around the water meter to allow City staff to perform required installations and repairs. Item A.3 is amended to include enforcement language pertaining to granting access to the water meter and establishes the process by which residents will be notified. It is no longer city practice to shut off water to a residence for non-payment, or improper functioning meters. The language added to this section allows the city to have an enforcement process without shutting off water service. If it become necessary to seek a water shut off, the City Council would have the authority to grant staff permission to do so. Item B is removed in total. City staff are no longer sealing meters and code should represent current practices. Item C is changed to Item B and amended to remove the language pertaining to general wear and tear. A new meter replacement program will happen in the next few years. The new meters come with a 20-year warranty and if they fail because of general wear and tear they will be replaced at no ch arge to the homeowner. Item D is amended to impose penalties on property owners that intentionally tamper with a water meter. The penalties are designed to follow other sections amended in this chapter. SECTION 13: SERVICE RATES AND CHARGES; RULES AND REGULATIONS. Item A is amended to clarify how estimation will be performed for any metered usage that cannot be read. Item C is amended to include all current charges being placed on the quarterly water bills, and clarify what constitutes payment toward the quarterly invoice as well as the process for assessment of unpaid charges. All reference to water shutoffs for non-payment has also been removed to better represent current practices. SECTION 17: FIRE HYDRANTS This section is amended to define the proper usage of temporary hydrant meters, backflow prevention requirements and the process for obtaining said meter. Staff recommends scheduling the first reading of Ordinance Amendments amending Chapters 4 of the City Code for April 11, 2022 ATTACHMENT(S): City Code Section Chapter 4, Article III 20 Item 5. ARTICLE III: WATER SERVICE Section 4.301 Compliance with provisions 4.302 Water service connections; permit requirements 4.303 Water service connections and disconnections; charges; manner and costs 4.304 Installation and construction requirements and specifications 4.305 Restrictions on laying of pipes 4.306 Separate service to each building 4.307 Separate curb stop required for each building 4.308 Two or more services on one curb stop 4.309 Maintenance responsibility of service pipes 4.310 Unused service pipe 4.311 Control of water; disclaimer; liability 4.312 Water meters 4.313 Service rates and charges; rules and regulations 4.314 Discontinuance of service 4.315 Reinstatement of service 4.316 Fire services 4.317 Fire hydrants 4.318 Miscellaneous provisions 4.319 Penalty § 4.301 COMPLIANCE WITH PROVISIONS. No person shall make, construct or install any water service installation, or make use of any water service connected to the water system except in the manner provided in this chapter, nor shall any person make, construct, install or make use of any installation connected to the water system contrary to the regulatory provisions of this chapter. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.302 WATER SERVICE CONNECTIONS; PERMIT REQUIREMENTS. (A) Permit required. No person other than a city employee shall uncover or make or use any city municipal water system except pursuant to a permit obtained from the Inspections Department. (B) Conditions of permit. No permit to tap or connect with sewer or water service in the city shall be granted for service to property for which there areproperties for which there are delinquent taxes, delinquent special assessments, or unpaid special charges, as of the date of the permit application. (C) Deposit for water used during construction. A deposit for the estimated amount of water to be used during construction shall be paid when filing for a plumbing permit. Formatted: Font: (Default) +Headings (Calibri) 21 Item 5. (D) Excavation permit. An excavation permit pursuant to § 6.301 is required if any part of the excavation for municipal water is within the public right-of-way. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.303 WATER SERVICE CONNECTIONS AND DISCONNECTIONS; CHARGES; MANNER AND COSTS. (A) Connection and disconnection charges. (1) Water service for any premises, building or building unit, shall not be commenced or restarted until a connection fee in an amount set by resolution of the Council is paid to the Utility Billing Office, together with any delinquent water bills from past service to said building or building unit, and any unpaid and delinquent special assessments. (2) Where separate water meters are installed to service separate locations or units within the same building, the provisions of this section relating to delinquent water bills shall only apply to those locations or units for which such delinquencies exist. (3) The provisions of this section shall remain in full force and effect without regard to any private contractual agreements or responsibilities between individuals or firms, regarding the payment of water bills, and the providing of utility services. (4) A disconnection fee as set by resolution of the Council shall be charged upon voluntary or involuntary termination of water service at any premises, building or building unit. (B) Manner and costs. (1) Taps or connections to the water mains shall be made by the Public Works Department at no extra cost to the applicant for taps up to and including one inch in size. (2) Taps larger than one inch shall All taps shall be made by applicant at the expense of the applicant. (3) All taps and connections shall be left uncovered until inspected and tested by the Public Works Department. All connections shall conform with city specification. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 (4) No person except a city employee shall turn on, or off any water supply at the curb stop. § 4.304 INSTALLATION AND CONSTRUCTION REQUIREMENTS AND SPECIFICATIONS. All installations of services shall comply with the following: (A) All services shall be constructed by a licensed plumber at the owner's expense. (B) Services three inches in diameter and less shall be “Type K” copper. All services larger than three inches in diameter, shall be ductile iron. (C) All taps two inches in diameter or smaller shall be made with the use of a corporation stop designed for tapping under pressure. (D) The maximum size corporation stop that can be tapped directly into the main is must be as follows:approved by City staff prior to work commencing, and the use of a restraining saddle may be required Pipe Size Tap Size Commented [JH1]: Do we want to have different material types than specified in the plumbing code. We can, but we have also allowed the use of plastic services in some instances Commented [GU2R1]: I would stick with copper, I do not want to have plastic in our code - that should only be a case by case basis or a last resort. Formatted: Font: (Default) +Headings (Calibri) Formatted Table 22 Item 5. Up to 6-inch ductile iron ¾ inches 8-inch ductile iron 1 inch (E) The maximum size corporation stop that can be used with double-strap bronze service saddle is as follows: Pipe Size Tap Size 6-inch ductile iron 1½ inches 8-inch ductile iron 2 inches (F) All taps other than those allowed in the preceding division shall be made only with the use of an approved tapping sleeve and valve.greater than 2” in size must be made with the use of an approved tapping sleeve and valve. (G) All corporation stops must have clear openings of the same diameter as the pipe with which they are placed and be of a make and pattern approved by the Public Works Department. (H) All curb stops one inch and larger shall be of the Mueller Oriseal design or approved equal. (I) All services must be placed not less than seven feet below finished grade; and each service two inches in diameter and smaller shall have a Minneapolis pattern base curb stop fitted with a stop box set on the property line at finished grade or proposed sidewalk. (J) The stop box used shall have a Minneapolis base and be of a design approved by the Public Works Department. Stop boxes on curb stops one and one-fourth inch diameter and smaller shall have an unobstructed opening of one and one-half inch diameter. Curb stops one and one-half inch diameter and larger shall have an unobstructed opening of a minimum size as the service pipe. All stop boxes shall be fitted with a cover approved by the Public Works Department. Every service pipe must have a shut-off valve placed adjacent to and on the street side of the meter which must be kept in working order at all times so that the water may be shut off by the occupant of the premises. Said valve shall be no more than one foot from the inside wall of the structure. There shall also be a gate valve placed on the outlet side of the water meter, not more than one foot from the meter so that the meter can be taken out or replaced without draining the plumbing system of the building. All valves shall have a clear opening the size of the inside diameter of the servicepipe on which it is installed. (K) The minimum size water service allowed shall be one inch. (L) Plumbers shall leave all new water services shut off at the curb stop after completing the testing. Curb stops are to remain off until a water meter has been installed. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 (M) Cross Connection Control 1. The purpose of a cross-connection control program is to protect the health of water customers and the potable municipal water supply. Formatted: Font: (Default) +Headings (Calibri) Commented [JH3]: We are allowing 1” taps on 6in mains now correct Commented [KH4R3]: yes - but only with an approved saddle Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Commented [KH5]: where did the language for section 'M' come from? Commented [JH6R5]: It is a Frankenstein from Hydrocorp, Eagan, etc. I used a very simple language (as most of our ordinances are not overly specific). Commented [KH7R5]: Did Jim Hoeft review Section 3? Commented [JH8R5]: No I have had no legal review for any of this. I figured we would send the whole thing over once we get through council. If that is not how I should have done it then I can send it to him tomorrow. Commented [KH9R5]: we'll get it to him on Monday Formatted: Font: (Default) +Headings (Calibri) Formatted 23 Item 5. 2. Cross-connections between the Columbia Heights municipal water system and other systems or equipment are prohibited, except when and where, as approved by the city of Columbia Heights, suitable backflow prevention devices are installed, tested and maintained to ensure proper operation on a continuing basis. 3. All property owners will provide access upon notice from the City of Columbia Heights for the purpose of performing a cross connection control survey. i. The results of the survey will identify any deficiencies in cross connection protection and property owners will be required to make the required repairs within 90 days of being notified. After completion of repairs the property owner must allow the city, or its agents, to reenter the property for the purpose of reinspection. All repairs, installation or alterations to existing plumbing will require a plumbing permit to be issued by the City of Columbia Heights. 4. A backflow prevention device is to be owned, tested and maintained in working condition by the customer/owner of the premises being served. 5. Installation, maintenance and testing of backflow preventers shall be according to the 2015 Minnesota Plumbing Code, Chapter 4714. a. Testing must be performed by a state certified backflow tester. All internal maintenance to the device must be performed by a state certified backflow prevention rebuilder. Test results shall be furnished to the city. The city’s annual fee for administering a backflow preventer testing program shall be as established by city council resolution from time to time. b. A person who is recognized by the Minnesota Department of Labor and Industry as a backflow prevention tester or backflow prevention rebuilder is considered qualified by the City of Columbia Heights to test backflow preventers and certify them to be functional. 6. Failure to comply with the provisions of this section shall be cause to discontinue water service in accordance with Division 19 – Section A. The City of Columbia Heights may also apply surcharges to utility bills in lieu of water shutoffs at its discretion and determination of the risk posed by non-compliance. § 4.305 RESTRICTIONS ON LAYING OF PIPES. No customer shall be permitted to conduct water pipes across lots or buildings to adjoining properties; but all service pipes shall be laid on streets, alleys, or public ground to the properties to be served and entered at the front or rear when practical of the building nearest the main. Formatted: Font: (Default) +Headings (Calibri), 12 pt Formatted Formatted: Font: (Default) +Headings (Calibri), 12 pt Formatted Formatted: Font: (Default) +Headings (Calibri), 12 pt Formatted: Font: (Default) +Headings (Calibri) Formatted Formatted: Font: (Default) +Headings (Calibri) 24 Item 5. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.306 SEPARATE SERVICE TO EACH BUILDING. No new service shall be constructed and no existing service shall be changed in such manner that more than one building, and in the case of residential property one living unit, shall be on the same service pipe, without specific approval of the City Engineer. Whenever two or more residential parties are supplied from one pipe connecting with a service main in a single family home or duplex, each building or part of a building separately supplied shall have a separate stop box and a separate meter. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.307 SEPARATE CURB STOP REQUIRED FOR EACH BUILDING. Owners of properties having water services which do not have separate curb stops and boxes for each building or which otherwise do not conform to the requirements in this chapter at the time of its passage may be required to put in such curb stop or make such other changes as are necessary to conform to these requirements, when so instructed by the City Engineer. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.308 TWO OR MORE SERVICES ON ONE CURB STOP. Where there are two or more services on one curb stop the water will not be turned on for one service unless the service pipes supplying the entire premises are metered and the water bill is paid for each service. The property owner shall be held responsible for the water bill and any maintenance, repairs or replacements of the service line where more than one unit is served by one service line. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.309 MAINTENANCE RESPONSIBILITY OF SERVICE PIPES. (A) It shall be the responsibility of the property owner to maintain in good working order and/or replace service pipes, including curb stops, from the main to the meter. (B) The property owner shall immediately repair any leak occurring in his their service pipe when the property owner is notified by the Public Works Department that the leak is in their service. Within 24 hours, the property owner shall provide the Department the name of the contractor that will make the repair and when the repair will be made, which repair must be completed within two days. If the repair has not been completed within three days from the date the property owner was first notified of the leak, the Public Works Department shall cause the work to be completed and the property owner will be billed for all expenses involved. If for some reason the work is deemed to be a hazard for the safety and welfare of the general public, the Public Works Department may cause the work to be completed immediately after discovering the leak, and bill all expenses to the customer. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) 25 Item 5. § 4.310 UNUSED SERVICE PIPE. All service pipes that become useless or abandoned, including previously abandoned or unused services upon discovery of the same, must be permanently closed off and capped at the watermain by the property owner and so reported to the Public Works Department. In the event the property owner fails to shut off the service after being notified by certified mail, the Public Works Department may perform the necessary work and charge all expenses involved to the owner of the property. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.311 CONTROL OF WATER; DISCLAIMER; LIABILITY. (A) Right to shut off water or vary water pressure. The Public Works Department reserves the right, at any time when necessary and without notice, to discontinue water supply or to vary water pressure for the purpose of making repairs or extensions or for any other purpose deemed to be in the best interest of the general public health and welfare. No claim shall be made against the City of Columbia Heights for any damage that may result from shutting off water or from varying the water pressure. The Public Works Department shall give notice prior to shutting off water if conditions are such that it is possible to do so. (B) Pressure and supply not guaranteed. The Public Works Department does not guarantee the customer any fixed pressure or a continuous supply. In emergencies water may be shut off without notice. (C) Disclaimer of liability. The City of Columbia Heights shall not be held responsible by reason of the breaking of any service pipe or apparatus, frozen water services, shut-off, fixtures within the premises, for failure in the supply of water, or variances in pressure. (Ord. 1227, passed 8-26-91) § 4.312 WATER METERS. (A) Requirements and installation. (1) Except for extinguishing of fire, no person or other entity except authorized city employees shall use water from the water supply system or permit water to be drawn there from unless the same be metered by passing through a meter furnished by the Public Works Department at the expense of such person or entity. (2) The Public Works Department shall ensure that every customer and user of city water is provided with a properly installed water meter upon request therefore. All meters shall be installed by a licensed plumber or by the Public Works Department in accordance with the following rules: (a) Meters shall be placed on the service pipe not to exceed one foot from the wall or floor where such pipe enters the premises; (b) Valve installation requirements as set forth in § 4.304(J); (c) The meter must be placed in a suitable place so as to keep it dry and clean, protected from frost; 26 Item 5. (d) All meters shall be readily accessible, with a minimum of 3 feet on all sides, and above the meter to allow to the meter reader, inspectors and Public Works Department personnel adequate access and space to work and perform repairs. (3) For purposes of enforcing the provisions of this code, delegated city officials upon presentation of proper identification shall have the authority to enter any premises during reasonable hours to read, inspect, maintainrepair, or replace said water meter. (a) The owner shall allow the City’s employee, or assigned agent, to complete the inspection, repair or replacement within 30 days of written notice from the city that an inspection, repair or replacement of the meter is required. (b) Upon a property owner’s failure to permit City personnel, or its assigned agent, onto the property to inspect, repair or replace the meter as required in this paragraph, a monthly surcharge in an amount duly adopted by the City Council and set forth in the City’s fee schedule shall be imposed against the property on which the meter is located. The monthly surcharge will be imposed for every month during which the compliance with this paragraph is not met and charged on the property’s municipal utility billing statement, whether the non-compliance has existed for the entire month or a portion thereof. (c ) If a property owner does not allow access to the property for the inspection, repair or replacement of the water meter following the addition of the surcharges to the Utility Bill, with 30 days written notice to the property owner and any occupants or lessees, city staff can request permission from the City Council to shut off the water service to the property until access is granted,. subject to the provisions of the Cold Weather Rule M.S. § 216B.097, (B) Requirements of seal. (1) Every water meter shall be sealed by an employee of the city at the time of installation; and at any time thereafter where the seal has been broken. (2) No person shall break or remove said seal except an authorized employee of the Public Works Department, provided however, that a licensed plumber may break said seal for the purpose of making necessary repairs after being granted specific permission by the Public Works Department. (3) Any broken seal or removed water meter shall be reported to the city within 24 hours of such action, or as soon as discovered. (CB) Protection damage and repairs. The property owner or occupant of premises where a meter is installed shall be held responsible for its care and protection from freezing or hot water, and from other injury or interference from any person or persons. Meters that are liable to become damaged by hot water shall be protected by the installation of a reliable check and relief valve. In case of damage to the meter, or in case of its stoppage or imperfect working, the property owner or occupant shall give immediate notice to the office of the Public Works Department. All meters that are broken or damaged by negligence of owners or occupants of the premises, or by freezing, hot water, or other damage, including ordinary wear and tear, shall be repaired or replaced by the Public Works Department and the cost of repairs or replacement shall be paid by the owner or occupant. Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Indent: Left: 0.5" Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) 27 Item 5. (DC) Removal; replacement. Whenever a water meter is installed on a water service in a premise that is to be remodeled, removed, or destroyed, or where the service is discontinued so that the water meter is no longer needed, the owner of such premises shall give notice to the Public Works Department to remove such meter, and free access to such meter must be provided so that the meter may be removed. If the meter is lost or damaged, the owner of the premises shall be required to replace the same at the replacement value. (ED) Tampering prohibited; estimation of bill. No one shall in any way interfere with the proper registration of a water meter. If any meter is found to have been tampered with, the water bill shall be estimated for the period and the meter repaired and testedreplaced at the property owners expense. A surcharge in an amount duly adopted by the City Council and set forth in the City’s fee schedule shall be imposed against the property on which the meter is located. Upon repetition of the offense, it will be optional with the Public Works Department to discontinue the water service or collect the amount estimated due. The basis of estimating the bill shall be on the amount of the largest quarter billed in the preceding year from the date of the tampering of the meter. If no prior bill for the current property owner exists, City staff will propose a reasonable alternative estimate to be approved by the City Council. An escalating surcharge in an amount duly adopted by the City Council and set forth in the City’s fee schedule shall be imposed against the property on which the meter is located for each additional offense. (FE) Meter testing. In case there is doubt as to the accuracy of a water meter on the part of the customer, he they may have the meter tested by the Public Works Department; at which test he they may be present if he they so desires. If the meter is found to register within 2% of being correct a charge will be made to pay for the labor cost of making such tests. If the meter is found to measure 2% or more incorrectly, no charge shall be made for making the test. If the meter should be found to over-register more than 2%, there shall be a proportional deduction made from the previous water bill. A water meter shall be considered to register satisfactorily when it registers within 2% of accuracy. (GF) Remote meter registers. When remote registers have been installed, and there is a conflict between the inside meter reading and the remote register reading, the inside meter reading shall prevail as the actual reading for billing purposes. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.313 SERVICE RATES AND CHARGES; RULES AND REGULATIONS. (A) Charges. The Council shall by resolution fix all charges and penalties for late payment for water and sewer service and for garbage and rubbish hauling 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 water billing by division (C) of this section. Volume charges for water and sewer service for periods for which an accurate meter reading is not available, will be estimated at the highest quarterly reading in the preceding year, adjusted for any unusual use. If no prior consumption history for the current property owner exists, City staff will propose a reasonable alternative estimate to be approved by the City Council. (B) Owner liability for charges. In billing water service the rates shall be applied separately for the consumption through each meter. The property owner shall be liable for water supplied Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) 28 Item 5. to the property owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property. (C) Statements; delinquent bills, shut-off 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 water consumed at each metered location throughout the city. Bills shall then be calculated to include connecting and disconnecting charges; meter replacement charges; minimum charges for availability of water services, regardless of connection or usage; and consumption charges as necessary and appropriate for revenue for the maintenance and operation of the city water works facilities. (2) Statements. The administrative service shall mail said water bills to the owner at the address listed for each specified meter location or to such address as the owner of record may request in writing. (3) Due date. Water bills are due and payable on the tenth day of the month following the date of the postmarkinvoice date. 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 water bills that are delinquent after the tenth day of the month and sendmail notice of such delinquency to the occupant of the metered 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 water service will be discontinued unless full payment is received fees and interest will be applied if the delinquent bill is not paid in full by the due date, and tenth day of the month following the month in which the first delinquency notice was mailed. Before the water will be turned on, the entire account, including any current charges must be paid along with and including the charge established by the Council for turning the water off and on. Water will be turned on only during regular working hours. Iif water bills are not paid, the bills may be levied against the owner’s property andowner and certified for collection with against property taxes annually. annually. prior to turning the water back on, 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. Water 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 meter 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. (c) Any person who is subject to the Cold Weather Rule, M.S. § 216B.097, as it may be amended from time to time. (6) Shut-off for non-payment under subdivision (C)(5)(a). Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) 29 Item 5. (a) Water 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 water 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, water service may thereafter be terminated upon 24 hours' notice. (85) Certification of delinquent bills. The Council may certify unpaid and delinquent water 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. (6) Shut-off for non-payment: (a) The water service to any property that is not subject to collection pursuant to the special assessment provisions of M.S. § 444.07, is subject to shut-off for non-payment upon 30 days’ written notice to the property owner and any occupants or lessees, subject to the provisions of the Cold Weather Rule M.S. § 216B.097. (b) Any disconnection fee established by the City Council under section 4.303(4) above applies to shut-off for non-payment under this section. (c) Reinstatement of water service following shut-off for non-payment requires either payment in-full of the delinquent amount. Reinstatement following a change in ownership requires payment in-full. (D) Water service bills 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. (Ord. 1227, passed 8-26-91) § 4.314 DISCONTINUANCE OF SERVICE. Any customer desiring to discontinue the use of water must notify the Finance Department in writing. The Public Works Department shall turn off the water, subject to any fees established. (Ord. 1227, passed 8-26-91) § 4.315 REINSTATEMENT OF SERVICE. No firm, company or corporation or individuals from whose premises the water shall have been shut off shall turn the water on without permission from the Public Works Department. (Ord. 1227, passed 8-26-91) § 4.316 FIRE SERVICES. Formatted: Font: (Default) +Headings (Calibri) Formatted: Font: (Default) +Headings (Calibri) 30 Item 5. (A) Construction. The construction of fire services shall be allowed as provided under the building code and Inspection Department. Detector flow meters shall be installed on any separate fire service line. (B) Activation of detector flow meter. When the detector flow meter is activated by flow through the fire system, it shall be the duty of the property owner or occupant to notify the Public Works Department within 24 hours thereafter. (C) Limitation of size. The Public Works Department shall reserve the right to limit the size of fire protection services where the street mains are of such size as to make it necessary in order to protect public interest. (D) Prohibited use. In any case when the owner or occupant of any premises are found to be using water from a fire service for other purposes than fire protection, such act shall be cause for requiring metering of the fire service with a meter specified by the Public Works Department, at the expense of the owner. Estimated usage shall be billed to the property owner pursuant to section § 4.313(A)2 (C) (E) Requirement of meter. The Public Works Department reserves the right at any time to require the property owner of the premises supplied with fire services to furnish and install, at his their expense and under the direction of the Public Works Department an approved water meter and to keep the same in accurate operating condition, if it finds it necessary to do so to protect the public interest. (Ord. 1227, passed 8-26-91) § 4.317 FIRE HYDRANTS. (A) Permit requirements. No person other than an authorized city employee shall use a fire hydrant without first obtaining a permit therefor from the Public Works Department. (B) Flushing streets and sewers. Hydrants used for construction purposes or for flushing sewers and streets shall have a reducing coupling attached to the nozzle of the hydrant with an independent throttling valve for regulating the supply. A Backflow preventer must be availablethat has been tested within the past year and found to be operating properly must be installed at the hydrant or the vehicle. (C) Opening hydrants. Hydrants shall be opened only with a numbered hydrant spanner. (D) Use as temporary service by contractors. Temporary service from fire hydrants is available for contractors. A meter will be obtained from the Public Works Department and a charge shall be made for hook-up. The charges for such water service shall be at the same rate as other services. Responsibility for the safety of and security of the meter lies with the contractor. The contractor shall place a deposit for the replacement value of the meter with the Public Works Department at the time of the request for application., and an escrow payment will be made for estimated water usage. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.318 MISCELLANEOUS PROVISIONS. (A) Water supply from two sources; private supply substituted for city water. On premises where water is supplied from two sources, the city water being one of the systems, the piping 31 Item 5. system for city water must be entirely separated from that of the other source. If other than city water is to be furnished on premises previously supplied with city water, the property owner or his their plumber must give notice at the office of the Public Works Department when he they will make this change and must also cut off the water at the corporation stop and disconnect the service pipe. (B) Disconnection of direct connection of two sources. Premises now having direct connection between the city water supply and another supply shall forthwith disconnect the same. (C) Requirements of safety devices. Customers are required to equip boilers, heating plants, and refrigeration machinery with safety devices and/or backflow preventers; or provide auxiliary supplies. (D) Repairs to comply with provisions. Repairs made to existing services shall cause such service to conform in every respect with this chapter. (E) Accuracy of information not guaranteed. Such information as may be obtained from the records, maps, employees, and the like, of the Public Works Department relative to the location of water mains and service pipes will be furnished to licensed plumbers and interested parties, but the Public Works Department does not guarantee the accuracy of the same. (F) Restriction of water use. The Public Works Department reserves the right to prohibit the use of water for yard sprinklers, elevators, air conditioners, coolers, and large consumers of water when in the judgment of the Public Works Department it shall be necessary to do so for the protection of public interest. (G) Provisions considered part of every contract. The foregoing rules and regulations shall be considered a part of the contract for every person who takes water supplied by the City of Columbia Heights, and shall be considered as having expressed his their agreement to be bound thereby. (Ord. 1227, passed 8-26-91) Penalty, see § 4.319 § 4.319 PENALTY. (A) Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in § 1.999. Each day that a violation exists shall constitute a separate offense. (B) Any person violating any of the provisions of this article is liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 1227, passed 8-26-91) Formatted: Compact, No bullets or numbering 32 Item 5. CITY COUNCIL WORK SESSION AGENDA SECTION WORK SESSION ITEMS MEETING DATE APRIL 4, 2022 ITEM: No Mow May. DEPARTMENT: Administration BY/DATE: Kelli Bourgeois, April 1, 2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Many communities in Minnesota are participating in “No Mow May” which is an effort to support pollinators. This effort encourages, or at a minimum allows, residents to not mow their yards through the month of May in order to protect overwinter habitat and provide early nectar for pollinators such as bees, birds and beetles. The Fire Department is researching any necessary changes that may need to occur with the City’s current ordinances and/or policies to allow residents to practice No Mow May. Other Minnesota cities, such as Edina, and West St. Paul, are beginning to implement this option and it is supported by the Minnesota DNR. Staff would like to know if the Council approves of implementing No Mow May in Columbia Heights and if so, we will be prepared to discuss the steps needed for enactment. ATTACHMENT(S): 33 Item 6. CITY COUNCIL WORK SESSION AGENDA SECTION WORK SESSION ITEMS MEETING DATE APRIL 4, 2022 ITEM: Council Workshop and Visioning/Goal Setting Session. DEPARTMENT: Administration BY/DATE: Kelli Bourgeois, April 1, 2022 CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below) _Safe Community _Diverse, Welcoming “Small-Town” Feel _Economic Strength _Excellent Housing/Neighborhoods _Equity and Affordability _Strong Infrastructure/Public Services _Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population BACKGROUND: Staff was made aware of a new trainer at the League of MN Cities who does Council relationship building and trainings, Aimee Gourley. In addition, the current Council has not conducted a visioning/goal setting session and I feel it would be beneficial to bring Phil Kern in to conduct a session for this Council to revisit the City’s Vision and Mission and establish current goals. I would like to schedule two separate sessions for Council; the first one being a relationship building session with Aimee, and the second being a visioning/goal setting session with Phil. I have calls in to each of them to ensure they are both able to provide the services and if so, to determine availability. Is Council open to participating in these sessions? Do you have any preference regarding timing of the sessions? Thank you! ATTACHMENT(S): 34 Item 7.