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HomeMy WebLinkAboutAugust 28, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 28, 1989 The meeting was called to order by Mayor Hadtrath'at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Hadtrath - present ~. Pledge of. A.11egl~nce 3. Consent Agenda The following Items were on the Consent Agenda: Minutes/Corrections..of P~evious Meetlng.s The Council approved the minutes of the Regular Council Meeting of August Iqth and the Special Council Meeting of August 25th as presented and there were no corrections. The Council approved a correction to the June 12, 1989 Councll Meeting minutes. The correct dollar amount for the utility trailer bid to LaHass Mfg.& Sales is $3,460. Resolution No. 89-42; Resolution Relatin9 to Volunteer Firefi~hters' Pensions The reading of the resolution was waived there being ample copies available to the public. RESOLUTION NO. 89-42 BEING A RESOLUTION RELATING TO VOLUNTEER FIREFIGHTERS' PENSIONS WHEREAS, the City Concil has obtained and given consideration to an actual survey, which survey used the actuarial assumptions provided in Minnesota Statutes, Chapter 69, and WHEREAS, the City Council has found, based upon such actuarial survey, that the Increase in benefits to the members of the Columbia Heights Fire Depart- ment Rellef Assoclatlon,. Volunteer Division, and the Increase required to fund the volunteer d|vlslon special fund shall not create a deflclt in the volunteer division special fund, the amortization of which, together with the amortization of which, together with the amortization of any existing deficit In the volunteer division special fund, exceeds twenty (20) years from the date such Increase In benefits is authorized. NOW, THEREFORE, BE IT RESOLVEO: The City Council approves the changes In benefits as proposed In the amended By-Laws of the Columbla Heights Flre Department Relief Association Volunteer Divlslon as of thls date. Dated th~s 28th day of August, 1989. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Regu]ar Council Meetlng August 28, 1989 page 2 Resolutlon No. 89-43; Resolution Establishing 1990 Buslness License Fees The reading of the resolution was waived there being ample copies available to the public. RESOLUTION NO. 89-43 ESTABLISHING 1990 BUSINESS LICENSE FEES WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has participated In a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS, the City is attempting to maintain business licenses which are comparable; and WHEREAS, the City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January l, 1990. Passed this 28th day of August, 1989. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Request for Temporary.. Signa~emm - 4001mmmmml Central Avenue The Council authorized the placement of a'rooftop balloon to advertise the Grand Re-Opening of the Columbia Heights Mall from September 7 through September 11, 1989 at 4001 Central Avenue subject to a $100 deposit being submitted to ensure relocation of the balloon by September 12, 1989, Request to Attend Buildin9 Officials Conference The Council authorized the attendance of Roy Goranson, Building Inspector, at the 67th Annual International Conference of Building Officials on September 9 - 15, 1989 in Palm Desert, California and .also authorized that related expenses be reimbursed. Authorization to Proceed with Full Characteristic T~stln9 The Council authorized the retalnage of Petometer Association of Chicago, Illinois, for an amount not to exceed $5,000 to conduct a Loss-of-Head Testing on the water system as recommended by the Cltyms engineering firm, and also authorized the Mayor and City Manager to enter into an agreement for the same. ~pproval of License Applications The Council approved the 1989 license appll, cations as listed upon payment of proper fees. Regular Council Meeting August 28, 1989 page 3 Payment of Bills The Council authorized the payment of the bills out of proper funds. ~..Approval of Consent Agenda Motion by Petkoff, second by Paulson to approve the consent agenda as presented. Roll call: All ayes 5. Presentations Commander Cai Lang, of Tri-City American Legion Post #513 presented a check In the amount of $2,000 to the City for use in the refurbishing of Wargo Court. Mayor Hadtrath acknowledge receipt of a $1,O00 contribution from the Columbia Heights Athletic Boosters and a $20,O00 contribution from Mrs. Edith Wargo to be used for the same purpose. Sa. Open Mike A member of District #13 School Board inquired if a certain item was included on the agenda. He was advised it would be on the agenda of the next Council Meeting. 6. Ordinances and Resolutions First Reading of Ordinance No. 1176; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, By Establishing a Housing Maintenance Code and Licensing Rental Units The City Attorney reviewed the most recent changes to the ordinance. Landlords in attendance were advised that the most recent copy of this ordinance would be available from the City Manager's Office. Motion by Peterson, second by Carlson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1176 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, BY ESTAB- LISHING A HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: Section l: Chapter 5A of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which Is currently reserved, shall hereafter read as follows, to-wit: Chapter 5A HOUSING PLA INTENANCE CODE Article I General Provisions Sect Ion !: 5A. lO1 (1) Statement of Purpose The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following: (al To protect the character and stability of residential areas within the City; Regular Council Meeting August 28, 1989 page 4 (bi To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; (c) (d) (el (fi To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; To prevent the overcrowding of dwellings; To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; To preserve the value of land and buildings throughout the City. 5A. lO1 (2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractural relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: SA. 102(1) Appl icabi 1 ity This code establishes minimum standards for maintaining dwellings accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habltation. Section 3: Definitions 5A.103(1) The following definitions shall apply In the Interpretation and enforcement of this Code, to-wit: (al Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for livlng or sleeping by human occupants and which is located on or partially on the premises. (bi Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. Regular Council Meeting August 28, 1989 page 5 (c) (d) (e) (f) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. Basement. Any floor level below the first story in a buildlng, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level quall'fies a~ a first story as defined herein. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure Is divided by party walls without openings, each portion of such bulldlng so separated shall be deemed a separate bulldlng. Bullding Official. Agent designated by the Clty Manager to enforce provisions of the Housing Maintenance Code. (g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. (h) (j) (k) (m) (n) (o) (p) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not includlng hotels and motels. Dwelling Unit. Dwelllng unit has the same meaning as apartment unit (within this Code), Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An indlv[dual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintalning a common household and using common cooking and kitchen facilities. Functioning. In such physical condltlon as to safely perform the service or services for which an Item is designed or intended. Garbage. Garbage ls defined In BS.605(2)(a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Houslng Code. Section 5A of this Code together wlth the Un;form Housing Code, 1985 edltlon, International Coference of Building Officials. Regular Council Meeting August 28, 1989 page 6 (q) (r) (s) (t) (u) (v) (w) (x) (y) Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pests. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. Occupant. ~ny person (Including owner or operator) ilvlng, s]eeplng, cooking or eatlng wJthln a dwe111ng unit. Owner, Any person, firm or corporation who, alone, jointly, or severally with others, shall be In actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of thls Code. Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied non-dwelling structure, including building accessory structures. Public Wall. A hall, corridor or a passageway for providing egress from a dWelling unit to a public way and not within the exclusive control of one family. Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (aa) (bb) Replace or Replacement. To remove an existing or portion of a system and to construct or lnstall a new item or a quality slmllar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (cc) Rubbish. Rubbish is defined in ~5.605(2)(b) of this City Code. Regular Council Meeting August 28, 1989 page 7 (dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease. (ee) Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (ff) Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous or hazardous to persons or property. (gg) Unsanitary. Conditions which are dangerous or hazardous to the health of persons. (hh) Water Closet. A toilet, with a bowl and a trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. Article II Minimum Standards Section l: 5A.20i(i) Basic Equipment and Facilities No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Kitchen Sink. Each unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. (bi Kitchen Storage. Each unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (c) Food Storage and Preparation. Each unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. Regular Council Meeting August 28, 1989 page 8 (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a fiush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running'water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. (e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. (f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porct) or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is more than two risers high shall have handrails which conform to the standards set forth in ~6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (lO0) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be pnovtded without passing through any other dwelling unit. Section 2: Door and Window Locks ~egula~ Counc~! Meeting August 28, 1989 page 9 5A.202(1) Section 3: 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to-wit: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box accessible to the Fire Department must be provided for access to the building. (b) Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. (c) Every window other than a fixed window or storm window shall be openable from the inside without the use of a key or any special knowledge or effort. Light, Ventilation and Electric No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Habitable Room Ventilation. 'Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent: (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Ventilation. The minimum total of openable window area in every sleeping room shall be the greater of four percent (4%) of the floor area of the room or 5.7 square feet. (c) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area that shall be the greater of five percent (5%) of the floor area of the room or 1.5 square feet, except that no windows shall be requ~?d.if such roo?? pr~_equi~e~wjth~ functioning Regular Council Meeting August 28, 1989 page lO Section 4: 5A.204(1) (d) Electrical Service, Outlets and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by S6.201(1). The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (i) (ii) A dwelling containing two or more units shall have at least the equivalent of sixty (60) ampere, three-wire electric service per dwelling unit. Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (iii) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of total'floor area; provided, however, that one ceiling or wall-type light fixture may be substituted for one required electric outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system whicn may be turned on when needed may be substituted for full-time lighting. (vi) A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance of such unit and shall be readily accessible to persons immediately upon their entry to such unit. Minimum Thermal Standards No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, wi)ich are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70°) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: Regular Council Meeting August 28, 1989 page 11 Section 5: 5A.205(1) (a) Gas or electrical appliances designed primarily for cooking or water heating purposes Shall not be considered as heating facilities within the meaning of this section. (b) Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (d) No owner shall supply portable electric heaters to comply with this ~5A.204(1). Foundation, Exterior Walls, and Roofs No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. (b) Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than a fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. (c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Regular Council Meeting August 28, 1989 page 12 (d) Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of 1/2" diameter or larger shall be rodent-proofed in an approved manner. Interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. (e) Fence Maintena6ce. All fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with ~6.401 to ~6.403, inclusive, of this City Code. (f) Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. (g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. (h) Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe and working condition. (i) Grading and Drainage. Every yard, court or passageway on the premises on which~a dwelling or dwelling unit is located shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety and so as to direct water away from the dwelling unit. Section 6: Maximum Density and Minimum Space for Rental Units 5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (I) For the first occupant, 150 square feet of habitable roo~ floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (ii) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Regular Council Meetlng August 28, page 13 Section 7: 5A.207(1) Screening and Landscaping No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this ~5A.207. (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (i) Fence. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (ii) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (iii) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (iv) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. (v) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (i) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (ii) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (iii) Maintenance. Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this Code. Regular Councll Meeting August 28, 1989 page lq Section 8: 5A.208(1) (iv) Placement of Plant Materials. No landscaping shall be allowed within any drainage u{ility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (c) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas for dwellings of three (3) or more units shall be screened from all public roads and adjacent differing land uses. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five percent (75%) opacity year-round. (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1)(c) must either provide screening pursuant to §5A.207(1)(c) or provide a minimum of one deciduous tree for every forty-five feet (45') or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkways and Lighting No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) One accessible parking space must be provided for each dwelling unit. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. Regular Counc)l Meeting August 28, 1989 page 15 (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of I foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. 5A.20B(2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §g.lOS(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch ~ other than those required for overcurrent protection. ARTICLE II1 Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Building Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, Regular Council Meeting August 28, 1989 page 16 Section 2: 5A.302(1) Section 3: $A.303(1) Section 4: 5A.304(1) and, upon request, the Building Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Inspection Access If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Building Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from a court of competent jurisdiction. Compliance Order Whenever the Building Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the %wner, occupant, operator or agent to correct such violations. The compliance order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (t) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. Posting to Prevent Occupancy The Building Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by Regular Council Meeting August 28, 1989 page 17 Section 5: 5A.305(1) Section 6: 5A.306(1) Article IV Section 1: 5A.401(1) Section 2: $A.402(1) inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building Official or his-representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Right of Appeal When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(1). Board of Appeals Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under §5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Licensing License Required No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such licensee shall register annually with the Building Official. If the license is denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter SA and with S6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. License Procedures Within 180 days after the passage of this Chapter SA, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment buildin~ or rental home constructed after the date of passage of this Regular Council Meeting August 28, 1989 page 18 Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. (b) Applicants shall provide the following information on license applications: (t) Name anJ ~ddress of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. (ii) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (iii) The legal description and address of the rental dwelling. (iv) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area of the building. (v) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. (vi) (vii) A description of the type of construction of the exterior of the building. The number of paved off street parking spaces available. (viii) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of ~$A.303(1)(d). (ix) Such other information as the administrative service shall require. Section 3: Application and Inspection 5A.403(1) Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirements of the Code. Section 4: SA.404(1) Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent which shall state that the structure has been inspected and i~ in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued Regular Council Heeting August 28, 1989 page 19 Section 5: 5A.405([) Section 6: 5A.406(1) Section 7: 5A.407(1) Section 8: 5A.408(1) Section 9: 5A.409(1) until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the inspection fee that must be paid to maintain such license in good standing unless the fee is paid prior to the expiration of the twenty (20) day period. License Display A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant or the Building Official or his/her authorized representative. License Transfer The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer fee shall be set by resolution of the Council. License Renewal Renewal of the license as required annually by this Code may be made by filling out the required renewal form furnished by the Building Official to the owner, operator or agent of a rental dwelling and by mailing the form together with the required registration fee to the building official. Such renewal or registration may be made only when no change in the ownership, operation, agency or type of occupancy as originally licensed has been made and where there has been an inspection within the last two years. Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter $ of the City Code. License Fees License fees, inspection fees, and retnspection fees shall be established by Council resolution. Article V Remedies Section 1: Hazardous Building Declaration Regular Council Meeting August 28, 1989 page 20 5A.501(1) In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: Secure Unfit and Vacated Dwellings 5A.502(1) The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a public nuisance within the meaning of this Code. Section 3: Failure to Comply 5A.503(1) Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Section 4: Remedies Cumulative $A.504(1) Article VI 5A.601 Any remedies pursued under this SSA.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under SSA.601 to 5A.611, inclusive. Penalties No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter SA, Article II (§5A.201, et. seq.), maintenance standard. 5A.602 No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or Regular Council MeetTng August 28, 1989 page 2l 5A.603 5A.604 5A.605 5A.606 5A.607 5A.608 5A.609 5A.610 5A.611 SECTION 2: dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not licensed pursuant to this Chapter. No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or dwelling unit for purposes of inspection when authorized by this Chapter. No person, firm, corporation or licensee shall fail or refuse to obey a Complaince Order validly issued under this Code. No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter SA, Article II (~5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling or dwelling unit is required to be licensed under this Chapter. No occupant of any rental dwelling or rental dwelling unit shall fail to allow or refuse entry to the Building Official for purposes of inspection when authorized by this Code. No person may occupy a dwelling or property posted pursuant ~5A.304. No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. £ac~ day that a violation exists shall constitute a separate offense. Section 6.202(1) Ordinance No. 853, City Code of 1977, Passed June 21, 1977, amended by Ordinance No. 921, Passed October 15, 1980, and by Ordinance No. 1059, Passed October 12, 1983, which currently reads as follows, to-wit: The Uniform Housing Code, 1982 Edition, as amended, International Conference of Building Officials, is hereby adopted by reference to regulate housing construction and maintenance standards within the City. Every provision contained in said code is hereby adopted and made a part of this Code as if fully set forth herein, except as hereinafter provided. The short title of said Code shall be the Housing Code. Three (3) copies of said Housing Code shall be on Regular Council Meeting August 28, 1989 page 22 file and available for inspection at the office of the City Building Official. is herewith amended to read as follows, to-wit: The Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials, Is hereby adopted by reference to regulate housing construction and maintenance standards within the City. Every provision contained In said code Is hereby adopted and made a part of this Code as If fully set forth herein, except as hereinafter provided. The short title of said Code shall be the Housing Code. Three (3) copies of said Housing Code shall be on file and available for inspection at the office of the City Building Official. Section 3: Section 5.606(1} of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows to-wit: No person who owns a multiple dwelling shall allow to be occupied or let to another for occupancy any unlt in a multiple dwelling, except hotels, without a license issued pursuant to the provlsions of this section. For purposes of this section, "Multiple Dwelling" is herein defined as any building or structure containing three or more separate dwelling units, whether used solely or exclusively for residential purposes or otherwise. is hereafter amended to read as follows, to-wit: No person who owns a multiple dwelling shall allow to be occupied or let to another for occupancy any unit in a multiple dwelling, except hotels, motels, and any dwelling or dwelling unit required to be licensed under Chapter 5A, without a license issued pursuant to the provisions of this section. For purposes of this section, "Multiple Dwelling" is herein defined as any building or structure containing three or more separate dwelling units, whether used solely or exclusively for residential purposes or otherwise. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after Its passage. First reading: August 28, 1989 Motion by Peterson, second by Carlson to schedule a second reading of Ordina6ce No. 1176 for September 11, 1989. Roll call: All ayes 7. Communications Designation of One-Way Street The City Manager reviewed the recommended motion for designating 7th Street as a one way going north from 51st to 53rd Avenues. Discussion continued regarding the hardship which would be caused for the residents at 52nd and Regular Council Meetlng August 28, i~89 page 23 7th Street whose son must board a handicapped bus for school attendance. Council- member Paulson suggested that City snowplowing crews be made aware of this situation and plow snow away from the intersection for ease In boarding the bus. Councllmember Peterson recommended that 7th Street be made one way going north from 52nd to $3rd Avenues thereby accomplishlng the goal of deterring truck traffic from uslng 7th Street as well as accommodating the needs of the school student. Motion by Peterson, second b~Carlson to designate 7th Street one way north from 52nd Avenue to 53rd Avenue, Install a stoP sign at eastbound 52nd Avenue and 7th Street, Install the barrlcade as proposed, but replace posts with painted channellzatlon; and furthermore, that $1,500 be transferred from the Undesignated General Fund Balance to line #1Ol-q3170-2160 to cover the costs lnvolved with the work. Roll call: All ayes 8. Old Business Property at 3935 Van Buren Street The owner of the property at. 3935 Van Buren Street is building a new garage. His present garage is adjacent to the alley and he ls of the opinion that if he demolishes the garage it will no longer hold up the alley. The City Attorney advised that he is responsible for continued lateral support of the alley. He also stated that if the support is removed it is the legal and financial res- ponsibility of the property owner. The owner inquired if the City would supply fill for his property when the garage is demolished. Mayor Hadtrath felt the City should not do this. Councilmember Paulson suggested staff could assist him in locating a reputable contractor. He also requested staff to monitor any truck traffic in this alley as It is not intended to support truck t~affic. The Council agreed not to participate in any costs of this project. New Business a. Police Department Staffing Motlon by Petkoff, second by Paulson to establlsh the posltlon of Community Service Officer to be filled by James Montague. Roll call: All ayes Motion by Petkoff, second by Paulson to authorize the immediate hiring of one additional police officer. This temporary authorization to Increase the Police Department staffing level to 15 pollce officers wll) explre when Officer Montague retires and then the staffing level will return to lq police officers. Roll call: All ayes b. Award of Bid for Project #8908 This project Is for backiot drainage at q319 and q321 Monroe Street. Notlon by Paulson, second by Petkoff to award Project #8908 to Ko-Son Piping Company, Inc. of.Minneapolis for their low formal bid of $3,600, and furthermore, to authorize the Mayor and City Manager to enter Into a contract for the same. Roll call: All ayes c. Change Order #1 - Mechanical, Electrical, Roofing Improvements to Various City Buildings This change order has been requested by the general contractor of the project and pertains to four separate items. Councilmember Petkoff expressed concern as to why these items weren't Included in the bid. She felt some of the items easily could have been known about before the bid was let. Motion by Petkoff, second by Hadtrath to authorize the Mayor and City Manager to execute Change Order #1 with Kumar Mechanical, Inc. for an additional $3,83q to include the following work: installation of safety edges for overhead doors, Regular Council Meeting August 28, 1989 page 24 additional painting of masonry over the Police Department, return air access to the Fire Chief's Office and a dedicated electrical llne for the Public Work's computer system, a~d to withhold payment of $655.00 for Change O~der #l from TKDA. Roll call: All ayes The City Manager advised the Council that the con- sultant will be requested to attend a Council work session or regular meeting to explain items # 3 and #4. d. Canvass of Election Results Motion by Petkoff, second by Hadtrath to call a Special City Councll Meeting on September 27, 1989 at 8:00 p.m. to canvass the Primary Election. Roll call: All ayes Motion by Paulson, second by Hadtrath to call a Special City Council Meeting on November 8, 1989 at 7:00 p.m. to canvass the General Electlon. Roll call: Ali ayes e. Award of Bid - Required Replacement of Gasoline Tanks Mayor Hadtrath inquired if staff had Investigated contracting for gasollne rather than having an in-house operation. He was advised that thls had not been done. Staff was requested to Investigate contract costs. No Councll action was taken on this Item. f. Letter Received From Various Residents of Circle Terrace A letter was received s~gned by some residents of Circle Terrace indlcatlng their concern for their neighborhood. Councilmember Petkoff felt it ~ouid be beneficial to meet on an informal basis with these neighbors to discuss their concerns. Councilmember Paulson indicated he had discussed a "Neigh- borhood Watch" program with one of the residents already. It was felt that the prob]ems in this area were of. an immediate nature. Residents of this neighborhood will be invited to attend a Council work session on September 12th. 10. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Savers Store TVI, 4849 Central Avenue: The City Manager will reduce the Letter of Credit once the Clty Engineer has certified that all site plan requirements have been met. 2. Proposed Liquor Ordinance Amendments: The 1989 Legislature had made changes In the hours of operation by establishments who serve food and liquor. The Council Indicated It chooses not to make any changes at the present time in the City's ordinances. 3. New Hires: The City Manager advised the Councll that Karen 01son had been promoted to Secretary II'-A In the Publlc Works Department but now has reconsidered and returned to her posltlon in the Pollce Department. Andy Geurkink has been appointed to the position of Accounting Clerk I In the Finance Department - Utilities effective June 26, 1989 at the entry rate of $8.32 an hour. Regular Council Meeting August 28, 1989 page 25 4. Asbestos Abatement: The City Manager advised that firm quotes for additional work needed for asbestos abatement have been received. Motion by Hadtrath, second by Peterson to approve the two additional quotations for the added work to be done by EGI, Inc.; that work being, sawcutting of'the plaster ceiling at an additional cost of $1,020.00 in the office area and the encapusulating of the material in the HRA Office as well as the repair of the asbestos insulation in the fire bay area at an additional cost of $350.00. Roll call: All ayes 5. Joint Bargaining With Local IUOE, Local 49: The City Manager stated that this will continue to be handled on a Master Contract basis. The Mayor noted that there was no memo from IUOE in the Council packet and he also inquired how Deferred Comp will be handled in this matter. This item will be on the Council work session of September 6th or 7th. 6. Innsbruck Drainage Easement: The City Manager indicated he will be pursuing the issuance of tags or criminal or civil action regarding this matter. b. Report of the City Attorney Councilmember Petkoff inquired as to the status of the railroad vacation in the proposed southwest development project. The City Attorney does not have that information at the present time but will get it. The City Attorney noted that all of the easements for the 44th and Central Avenues project are gotten. Adjournment Motion by Peterson, second by Paulson to adjourn at 9:50 p.m.. Rol~ call: Ali ayes /6-An~e Studenl~, Counc'~l't- Secretary Mayor Dale V. Hadtrath OFFICIAL PROCEEDINGS COLUHBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF'ASSOCIATION AUGUST 28, 1989 Mayor Hadtrath called the meeting to order at 9:50'p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Petersonf Hadtrath - present 2. Adoption of By-Laws Resolution Motion by Carlson~ second by Peterson to waive the reading of the resolutjon there being ample copies available for the publlc. Roll call: All ayes RESOLUTION NO, 89-44 BEING A RESOLUTION ADOPTING BY-LAW AMENDMENTS BE IT RESOLVED by the Board of Trustees of the Columbia Heights Fire Department Relief Association, Volunteer Division, that The By-Laws of the Columbla Heights Fire Department Relief Association, Volunteer Division, are herewith amended to read as contained In the attached Exhiblt A, and the changes as contained in Exhlblt A shall be effective August 28, 198~. Passed thls 28th day of August, 1~8~. Offered by: Carlson Seconded by: Peterson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student~ Council Secretary 3. Adjournment Motlon by Paulson, second by Peterson to adjourn at 9:52 p.m.. Roll call: All ayes /~Anne Student, COun~cti Secretary Mayor Dale V. Hadtrath