HomeMy WebLinkAboutJune 12, 1989OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 12, 1989
The Meeting was called to order by Mayor Hadtrath at 7:30 p.m..
1. Roll Call
Petkoff, Carlson, Peterson, Hadtrath - present
Paulson - absent
2. Pledge of Allegiance
3. Consent Agenda
The following items were on the consent agenda:
Approval of Minutes
The Council approved the minutes of the Regular City Council Meeting
of May 22nd as presented and there were no corrections.
Resolution No. 89-24; Authorizing City Funds on 44th Avenue
The reading of the resolution was waived.
RESOLUTION NO. 89-24
BEING A RESOLUTION AUTHORIZING CITY FUNDS FOR THE LANE WIDENING AND
SIGNAL MODIFICATIONS WITHIN TRUNK HIGHWAY 65 RIGHT-OF-WAY AT 44TH AVENUE
N.E. (STATE PROJECT - 0207 - 8802)
WHEREAS,
It has been deemed advisable and necessary for the City of
Columbia Heights to participate in the construction cost of
said project; and
WHEREAS:
The funds for said project will be appropriated from the
Municipal'State Aid System Funds through an off-systems
transfer
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Columbia Heights:
That the City Council of Columbia Heights authorizes funds, as specified
above, for the City's share of the construction project.
Passed this 12th day of June, 1989.
Offered by: Peterson
Seconded by: Carlson
Roll cal~: Ali ayes
Mayor Dale V. Hadtrath
Jo-Anne Student, Council Secretary
CERTIFICATION:
I hereby certify that the aforegoing resolution is a true and correct
copy of the resolution presented to and adopted by the City Council
of the City of Columbia Heights, at a duly authorized meeting thereof
held on the 12th day of June, 1989, as shown by the minutes of said
meeting in my presence.
Regular Council Meeting
June 12, 1989
page 2
Jo-Anne Student, Deputy City Clerk
Special Purpose Fence - Haley, 4601 Fifth Street
The Council approved the six foot high special purpose privacy fence as
requested at 4601 Fifth Street as recommended by the Planning and Zoning
Commission.
Special Purpose Fence - Ness, 3933 Ulysses Street
The Council approved the special purpose privacy fence at 3933 Ulysses
Street as requested at 3933 Ulysses Street as recommended by the Planning
and Zoning Commission.
Conditional Use Permit - Pizza Hut, 3854 Central Avenue
The Council approved the conditional use permit for a prepared food
delivery establishment at 3854 Central Avenue as recommended by the
Planning and Zoning Commission.
Lions Club Requests - Jamboree Events
The Council authorized the closing of Jefferson Street from I0:00 a.m.
on Tuesday, June 20th through Sunday, June 25th.
The Council approved the Jamboree Parade permit provided, however, that
appropriate arrangements are made with various City departments including
the application and payment of necessary licenses and permits and that
appropriate deposits are submitted.
The Council authorized the placement of a banner across 40th Avenue, near
the intersection of University Avenue advertising the event, subject to
such signage being removed by Tuesday, June 27, 1989.
Request for Temporary Signage - Little Caesar's, 4353 Central Avenue
The Council authorized the placement of a rooftop balloon to advertise
the celebration of Little Caesar's anniversary on June 23 - 27, 1989,
at 4353 Central Avenue, subject to a $100 deposit being submitted to
ensure removal of the slgnage.
Request for Block Party
The Council approved the closing of the block of 3900 Hayes Street on
Sunday, dune 25th from 5:00 p.m. to 8:00 p.m. in conjunction with a
homeowners' block party.
Appeal of Decision of Park Board - Fire Department Ladies Auxiliary
The Council granted the appeal of the Columbia Heigh[s Fire Department
Ladies Auxiliary of the Park Board's denial of the request for an early
entrance of 8:00 a.m. to Murzyn Hall on October 29, 1989.
Attendance at Public Works Congress and Equipment Show
The Council authorized the attendance of Don Jolly, Public Works Super-
intendant, at the Iinternatlonal Public Works Congress and Equipment Show
to be held in Orlando, Florida, from September 23 - 28, 1989; and further-
more, authorized that related expenses be reimbursed.
Ratify Action of City Manager in Purchasing Hot Mix
The Council ratified the action of the City Manager to authorize purchase
of AC hot mix material from Bituminous Roadways at $18 per ton until
the Midwest Asphalt Plant in New Brighton opens for production, and the
Council also authorized the Mayor and City Manager to enter into an agre-
ement for the same.
Regular Council Meeting
June 12, 1989
page 3
Ratify Action of City Manager - Murzyn Hall Compressor
The Council ratified the action of the City Manager and authorized the
replacement of the burned out compressor on the air conditioning unit
at Murzyn Hall by Faircon in an amount of $1,930 and also authorized
the Mayor and City Manager to enter into an agreement for the same.
Ratify Action of City Manager - Street Alignment
The Council ratified the action of the City Manager in authorizing
corrective street alignment on McKinley Street and 39½ Avenue between
Cleveland and McKinley with such costs being paid from the Public
Improvement Revolving Fund.
Authorization to Purchase Trailer
The Council awarded the utility trailer bid to LaHass Mfg. & Sales,
Inc. of St. Paul for their low qualified bid of $3,360 and authorized
the Mayor and City Manager to enter into an agreement for the same.
Award of Street Striping Contract
The Council awarded the 1989 street striping contract to AAA Striping
Service Company, Inc. of Maple Grove, Minnesota for their Iow formal
bid of $3,401.19 and the Mayor and City Manager were authorized to
enter into a contract for the same.
Authorization to Cut New Street
The Council ratified the action of the Public Works Director/City Engineer
in allowing Minnegasco to repair an emergency gas leak on the service to
1813 40th Avenue.
Award of 1989 Sod Bid
The Council awarded the 1989 sod contract to Robinson Landscaping, Inc.
of Lino Lakes, Minnesota, based on their low qualified formal bid and
authorized the Mayor and City Manager to enter into an agreement for
the same.
Selling Wooden Pillars Salvaged From Library
The Council accepted the bid of $200 submitted by Thomas Tubbs for the
Wooden structure at the Library; said bid to include dismantling and
removal from the site.
Renewal of Contract - Metropolitan Clinic of Counseling
The Council authorized the Mayor and City Manager to'enter into an agre~
ement with Metropolitan Clinic of Counseling to provide diagnostic and
referral services to employees of the City of Columbia Heights, their
dependent~ and household members for the contract period of June 1, 1989 -
May 31, 1~90, with such base retainer fee to be $824.50 or $8.50 per
employee, with maximum fee not to exceed $1,649.
Licenses
The Council approved the 1989 license applications as listed upon pay-
ment of proper fees and waived the requested fees.
Payment of Bills
The Council approved the payment of bills as listed out of proper funds.
Regular Council Meeting
June 12, 1989
page 4
4. Approval of Consent Agenda
Motion by Peterson, second by Carlson to approve the consent agenda as
presented. Roll call: Ali ayes
5. Open Mike
There were no residents present for Open Mike.
5a. "Citizen of the Year" Humanitarian Award
Mayor Hadtrath presented a plaque to Bernard Szymczak, "Citizen of the
Year" with the community's congratulations. The Chairperson of the Human
Services Commission read from some of the letters nominating Bernie.
5b. Proclamation - National Flag Day
Mayor Hadtrath read a proclamation designating June 14, 1989 as Flag
Day in Columbia Heights.
Mayor Hadtrath introduced his family's house guest wt~Dse home is in
Australia.
6. Ordinances and Resolutions
a. Second Reading - Ordinance No. 1186 - Pertaining to Traveled Ways
Motion by Petkoff, second by Peterson to waive the reading of the
ordinance there being ample copies available to the public. Roll
call: All ayes
ORDINANCE NO. 1186
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING
TO DEPOSITING OF SNOW, LEAVES OR GRASS IN TRAVELED WAYS
The City of Columbia Heights does ordain:
Section i:
Section 10.204(5) of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, which is currently reserved, shall be
amended to hereafter read as follows, to wit:
No person shall throw, discard, or deposit any leaves, grass,
other organic waste materials, or snow from private property
to the traveled way or paved portion of any street or alley
within the City.
Section 2:
Section 10.401(1) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows, to wit:
Any person, firm, or corporation who shall violate the pro-
visions of this chapter is guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine of not more
than Three Hundred Dollars ($300.00) or to imprisonment not
to exceed ninety (90) days, or both, for each offense.
Section 3: This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
First Reading: May 22, 1989
Regular Council Meeting
June 12, 1989
page 5
Second Reading:
Date of Passage:
June 12, 1989
June 12, 1989
Offered by: Carlson
Seconded by: Peterson
Roll call: All ayes
Mayor Dale V. Hadtrath
Jo-Anne Student, Council Secretary
b. First Reading - Ordinance No. 1176 - Housing Maintenance Code
The City Manager reviewed the ordinance. This is a revised draft of
the ordinance as it was previously presented to the Council and addressed
at a public hearing. A number of rental property owners spoke to the
Council regarding concerns they had with the ordinance.
Motion by Peterson, second by Petkoff to waive the reading of the ordinance
there being ample copies available to 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 1:
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 MAINTENANCE CODE
Article I General Provisions
Sect ion I:
SA. 101 (Ii
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;
(b)
To correct and prevent housing conditions that adversely
affect or are likely to adversely affect the ]ive, safety,
general welfare, and health;
(c)
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;
(d) To prevent the overcrowding of dwellings;
(el
To provide minimum standards for the maintenance of existing
residential buildings and to thus prevent substandard housing
and blight;
Regular Council Meeting
June 12, 1989
page 6
5A. 101 (2)
Section 2:
SA. 102(I)
Section
SA. lO3(1)
(fi To preserve the value of land and buildings throughout
the city.
With respect to disputes between landlords and tenants, and
except as otherwise specifically provided by terms of thls
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 ~ith legal rights
to personal privacy.
Applicability
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 habitation.
Definitions
The following definitions shall apply in the interpretation and
enforcement of this Code, to wit:
(a)
Accessory Structure. A structure subordinate to the main or
principal dwelling or dwellings which are not authorized to be
used for living 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.
(c)
Approved. An indication that an item meets construction,
installation, and maintenance standards of the State of
Minnesota and of this Code.
(d)
Basement. Any floor level below the first story in a building,
except that a floor level in a building having only one floor
level shall be classified as a basement unless such floor level
qualifies as a first story as defined herein.
(el
Building. Any structure having a roof which may provide shelter
or enclosure for persons, animals, or chattels, and, when said
portion of such building so separated shall be deemed a
Regular Council Meeting
June 12, 1989
page 7
separate building.
(fi Building Official. Agent designated by the City Manager to
enforce provisions of the Housing Maintenance Code.
(gl Clean. The absence of rubbish, garbage, vermin and other
unsightly, offensive or extraneous matter.
(hi
Dwelling. A structure or portion thereof designed exclusively
for residential occupancy, including boarding and lodging
houses, but not including hotels and motels.
(ii Dwelling Unit. Dwelling unit has the same meaning as
apartment unit (within this Code).
(j)
(k)
(mi
(n)
Exit. A continuous and unobstructed means of egress to a
public way and shall include intervening doors, doorways,
corridors, ramps, stairways, smoke-proof.enclosures, hori-
zontal exits, exit passageways, exit courts and yards.
Family. An individual, 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, maintaining a common household
and using common cooking and kitchen facilities.
Functioning. In such physical condition as to safely perform
the service or services for which an item is designed or
intended.
Garbage. Garbage is defined in 15.605(21(a).
Habitable. A dwelling unlt or part thereof that meets minimum
standards for use as a home or place of abode by one or more
persons.
(o) Hot Water. Water heated to a temperature of not less than I10
degrees Fahrenheit, measured at faucet outlet.
(pi Housing Code. Section 5A of this Code together with the Unif'orm
Housing Code, 1985 edition, Internat|onal Conference of
Building Officials.
· (q)
(ri
(s)
Infestation. The presence within or around a dwelling or
dwelling unit of any insect, rodent, vermin or other pest.
Kitchen. A habitable room within a dwelling unit Intended to be
used for cooking of food or preparat[on of meals.
Occupant. Any person (including owner or operator) living,
sleeping, cooking or eating within a dwelling 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,
Regular Council Meeting
June 12,
page 8
or rooming unit within the City as owner, employee or agent
of the owner, or as a trustee or guardian of the estate or
person of the title holder. Also, any person, firm or corp-
oration 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 ~o rent or let premises to another for purposes
of this Code.
(u)
Person. Any individual, firm, partnership, association,
corporation, company or a joint venture or organization
of any kind.
(vi
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.
(wi
Public Hall. 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,
(x)
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.
(Y)
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 install a new item or a quality
similar 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 or sleeping.,
but not for cooking or eating purposes.
(cc) Rubbish. Rubbish is defined in t5.605(2)(b) of this City Code.
(dd) Safe. The condition of being free from danger-and hazards
which may cause accidents or disease.
(eel
Story, First. The lowest story In a building which qualified
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.
R~gul;r Council Meeting
June 12, 1989
page 9
Article II
Sect ion !:
5A.201 (1)
(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.
Minimum Standards
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:
(al
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.
(b)
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 w~n
the occupant is required to provide a refrigerator or stove
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.
(d)
Toilet Facilities. Every dwelling unit shall contain a
nonhabitable room which is equipped with a flush water closet
in compliance with )6.201(I). 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.
Regular Council Meeting
June 12, 1989
page lO
(e)
(f)
(g}
~" (h)
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 dlrectly
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.
Bathtub or Shower. Every dwelling unit shall contain a
nonhabitable room which is equipped ~ith 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.
Stairways, Porches and Balconies. Every stairway or flight
of stairs, whether inside or outside of a dwelling, and every
porch 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 guardral]
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 (!00) pounds per square foot of hori-
zontal projection.
Access to Dwelling Unit, Access to or egreee from each
dwelling unit shall be provided without passing through
any other dwelling unit.
Section 2: Door and Window Locks
5A. 202 (i)
No person shall occupy as an owner-occupant or let to another
for occupancy any 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
Regular Council Meeting
June 12, 1989
page 11
Section 3:
5A. 203 (1)
corridor in a dwelling containing four (4) or more dwelling
units, 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 insi. de 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 per-
manently locked. A lock box accessible to the Fire Department
must be provided for access to the building.
(b)
Every door that provides ingress or egreee 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 outside 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 occupany 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:
(al 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.
(bi Sleeping Room Ventilation. The total 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 nonhabltable
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 t.e required if such rooms are equipped with a functioning
ventiiation system which is approved by the Building Official.
(d) Electrical Service, Outlets and Fixtures. Every dwelling unit
and all public and common areas shall be supplied with
Regular Council Meeting
June 12, 1989
page 12
Section .
5A.204 (1)
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 ~6.201(I). 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)
(vi)
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 which may be turned on when needed may
be substituted for fuli-tlme lighting.
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 condltlon, which are capable of
safely heating all habitable rooms, bathrooms and water closet
compartments in every dwelling unit located therein to a tempera-
ture of at least seventy (70°) degrees Fahrenheit at a distance
of three (3) feet above floor level and at three (3) feet from
Regular Council Meeting
June 12, 1989
page 13
Section 5:
5A.205(I)
exterior walls, and which shall comply with the following
requirements, to wit:
(al
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,
(bi
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 Wall, 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 fo)lowing 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 dwelllnq. The roof shall be ti0ht 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.
(bi
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
Hay 1 and September 30, inclusive, of each year. Every
window, door and frame shall be constructed and maintained
insuch 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
Regular Council Meeting
June 12, 1989
page 14
Section 6:
5A.206(I)
(d)
(e)
(f)
(g)
(h)
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 rotting 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 or bathroom floor surface shall be capable of
being easily maintained in a clean state.
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 ½ 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.
Fence Maintenance. All fences on the premises where the
dwelling or dwellin~ unit is located shall be maintained
in accordance with ~6.401 to ~6.403, inclusive, of this
City Code.
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.
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.
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.
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.206.
(a) Definitions. For the purposes of this Section, the following
Regular Council Meeting
June ]2, 1989
page ]5
(bi
terms shall have the meanings stated:
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
wails, and other outdoor finishings.
(iii)
Mechanical Equipment. Heating, ventilation, exhaust,
air conditioning, and communications 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.
(vi
Screening. A barrier which blocks all views from public
roads and differing land used to off-street parking
areas, loading areas, service and utility areas, and
mechanical equipment.
Every yard of any premises on which a dwelling or dwelling
unit is located shall have installed and maintained land-
scaping in accordance with the provisions of this section:
(il
Planting Islands. Planting islands shall occupy at least
five (5%) percent of the parking area in lots of 20 spaces
or more. Planting islands are necessary to visually break
up expanses of hard surface parking areas, for safe and
efficient traffic movement, and to define rows of
parking.
(ii)
Sodding and Ground Cover. All exposed ground area sur- ,
rounding 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 land-
scape material. No landscaped area sba1) be used for
the parking of vehicles or storage or display of
materials, supplies or merchandise.
(iii)
Slopes and Berms. Final grades with a slope ratio of
greater than three (3) to one (1) w111 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).
(iv)
Maintenance. Any dead trees, shrubs, ground covers,
and sodding shall be replaced in accordance with this
Code.
Regular Council Meeting
June 12, 1989
page 16
Section 7:
5A.207(1)
5A. 207 (2)
Section 8:
5A.208 (1)
(v)
Placement of Plant Materials. No landscaping shall be
allowed within any drainage utility easements, road
right-of-way, or immedlately adjacent to any drive-
way or road intersection if such landscaping would
interfere with a motorist's view of the street or
roadway.
(c)
General Screening. All parking, loading, service utility,
mechanical equipment, and outdoor storage areas for dwellings
of three (3) or more units shall be screened from ali public
roads and 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.
Maximum Density and Minimum Space for Rental Units
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 Uni~. The maximum
permissible occupancy of any rental dwelling unit shall be
determined as follows:
(i)
For the first occupant, 150 square feet of habitable room
floor space and for every additional occupant thereof,
at least I00 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.
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.
Exterior Parking, Pedestrain Walkways and Lighting
No person shall occupy as an owner-occupant or let to another for
occupancy or 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
dwelllng unit.
Regular Council Meeting
June 12, 1989
page 17
(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.
(e)
(f)
Curb guards and/or guardrails must be provided for parking
spaces situated above retaining walls.
An unobstructed path must be provided between parking areas
and the dwelling unit.
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.
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 in-
structions. 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 Ill Inspection and Enforcement
Section I: Enforcement and Inspection Authority
SA. 301 (1)
The City Manager and his/her designated agents shall be the
Building Official who shall administer and enforce the provi-
sions of the Ordinance. Inspections shall be conducted during
reasonable hours, 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.
Regular Council Meeting
June 12, 1989
page 18
Sec t i on 2:
5A. 302 (i)
Sec t i on 3:
5A.303(1)
Section 4:
5A.304(1)
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 require-
ments 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 owner, occupant, operator or agent
to correct such violations. The compliance order shall:
(al Be in writing;
(bi Describe the location and nature of the violations to 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 to 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:
(ii Served upon him/her personally,
(ii) Sent by certified mall return receipt requested to
his/her last known address, or
(iii)
Upon failure to effect notice through (ii 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 inspection report of the items which must be corrected
within a certain stated period of time and that the corrections
Regular Councll Meetlng
June 12, 1989
page 19
Section 5:
5A.305(1)
Article IV
Sect ion 1:
5A.401 (1)
Sec t i on 2:
5A. 402 ( 1 )
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 and safety of the
occupants. No person, other than the Building Official of
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 interpre-
tation of the Ordinance or upon a misstatement or mistake
of fact, such person may appeal as set forth in 26.202(1).
Licensing
License Required
No person, firm or corporation shall operate a rental dwelling
in the City without having first obtained a license as here-
inafter provided from the Building Official. Each such license
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 5A and with ~6.202(I) 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 5A, 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.
(al 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 building or
rental home constructed after the date of passage of this
Ordinance shall obtain a license prior to actual occupancy
of any rental unit therein.
(bi Applicants shall provide the followlng information on license
applications:
(i)
Name and address of owner of the rental dwelling and the
name and address of the operator and agent actively
managing said rental dwelling.
Regular Council Meeting
June 12, 1989
page 20
Sec t ion 3:
5A.403 (1)
Section 4:
5A.404(1)
5A.404(2/
(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 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) A description of the type of construction of the exterior
of the building.
(vii) The number of paved off street parking spaces available.
(viii)
Name and address of person to whom owner/applicant ~ishes
a certified letter to be sent for purposes of ~5A.303
(l) (d).
(ix) Such other information as the administrative service shall
require.
Application and Inspection
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.
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 is 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.
The City may by Council resolution establish a reinspection
fee. If a dwelling unit is not currently licensed, no license
may be issued until all outstanding relnspectlon 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.
Section 5: License Display
Regular Council Meeting
June 12, 1989
page 21
5A.405(1)
Section 6:
5A.406(1)
Section 7:
5A.407(!)
Section 8:
5A. 408 (1)
Section 9:
5A.409(1)
Article V
Section !:
SA. 501 (!)
A license issued under this Chapter shall be conspicuously
displayed on the rental premises whenever 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 ap-
plication 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 charge in the
ownership, operation, agency or type of occupancy as ori-
ginally 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 5 of the City Code.
License Fees
License fees, inspection fees, and relnspection fees shall be
established by Council resolution.
Remedies
Hazardous Building Declaration
In the event that a dwelling has been declared unfit for human
habitation and the owner has not remedTed the effects within
a prescribed reasonable time, the dwelling may be declared a
hazardous building and treated in accordance with the pro-
visions of Minnesota Statutes.
Section 2: Secure Unfit and Vacated Dwellings
Regular Council Meeting
June 12, 1989
page 22
5A. 502 (1)
Section 3:
5A.503(1)
Section 4:
SA. 504 (1)
Article VI
5A.601
5A. 602
5A.603
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
publi~ 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.
Failure to Comply
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 not-
withstanding, 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 CompllaDce 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.
Remedies Cumulative
Any remedies pursued under this ~5A.501 to 5A.503, inclusive,
are in addition to the remedies or penalties prescribed under
5A.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 5A,
Article II (~5A.201, et. seq.), maintenance standard.
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 un-
licensed dwelling or 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 Wll~n authorized by this Chapter.
Regular Council Meeting
June 12, 1989
page 23
5A.604
5A.605
5A.606
5A.607
5A.608
5A.609
5A.610
5A.611
SECTION 2:
No person, firm, corporation or licensee shall fail or
refuse to obey a Compliance 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 5A, 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. Each 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, Inter-
national 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 ~s hereby adopted and made a part of this Code as if
fully set forth herein, except as hereinafter provided. The
short title of sa~d 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.
is herewlth amended to read as follows, to wit:
Regular Council Meeting
June 12, 1989
page 24
The Uniform Housing Code, 1985 Edition, as amended, Inter-
national 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 in-
spection at the office of the City Building Official.
SECTION 3: Section 5.606(i) 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
occupies or let to another for occupancy any unit in a
multiple dwelling, except hotels, wl.thout 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 ex-
clusively 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 the 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:
June 12, 1989
Motion by Peterson, second by Carlson to schedule the second reading of
Ordinance No. 1176, Being an Ordinance Amending Ordinance No. 853, City
Code of ~977, By Establishing a Housing Maintenance Code of Licensing
Rental Units for June 26, 1989. Roll call: All ayes
c. First Reading of Ordinance No. 1188; Being an Ordinance Amending
Ordinance No. 853, City Code of 1977, Changing Off-Sale Liquor Operating
Hours
Motion by Hadtrath, second by Petkoff to waive the reading of the ordinance
there being ample copies available to the public. Roll call: All ayes
The City Manager advised that this ordinance will amend the City Code
to comply with new state statute.
Regular Council Meeting
dune 12, 1989
page 25
ORDINANCE NO. i188
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND
PERTAIIIING TO MUNICIPAL LIQUOR
The City of Columbia Heights does ordain:
Section 1: Section 4.401(4) of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, which reads as follows, to wit:
4.40! (4)
The City Manager shall designate the days and hours of
operation. However, no sale of intoxicating liquor may
be made:
(a) On Sundays;
(b) Before 8:00 a.m. on Monday through Saturday;
(c) After IO:OO p.m. on Monday through Saturday;
(d) On New Year's Day, January !;
(e) On Independence Day, July 4;
(f) On Thanksgiving Day;
(g) On Christmas Day, December 25; and
(h) After 8:00 p.m. on Christmas Eve, December 24.
is herewith amended to read as follows, to wit:
4.401(4)
The City Manager shall designate the days and hours of
operation. However, no sale of intoxicating liquor may
be made at a time when such sale is prohibited by Minne-
sota Statute.
Section 2: This ordinance shall be in full force and effect from
and after thirty (30) days after its passage.
First reading:
June 12, 1989
Motion by Hadtrath, second by Carlson to schedule a second reading of
Ordinanc%No. 1188 for June 26, 1989. Roll call: All ayes
d. Resolution Pertaining to By-Law Amendments for the Volunteer Firefighter
Relief Association
Motion by Peterson, second by Carlson to table this item until the June 26th
Council Meeting. Roll call: All ayes
Regular Council Meeting
June 12, 1989
page 26
7. Communications
a. Planning and Zoning Commission
1. Conditional Use Permit - St. Timothy's Church, 825 51st Avenue
Motion by Peterson, second by Hadtrath to approve the Conditional Use
Permit to stockpile 600 cubic yards of fill at 825 51st Avenue with
the following conditions as stipulated by the Planning and Zoning
Commission:
a. Fill to be used on the site by September 1, 1989, to meet elevations
approved by the Planning and Zoning Commission on April 4, 1989;
b. If the building addition is not constructed or the fill is not used
to bring the site to elevations as approved on the site plan, then
.the fill must be removed from the site prior to October 1, 1989.
Councilmember Petkoff requested staff to monitor this dirt as it could
cause an inconvenience for the neighborhood if it is allowed to blow
when it's dry. The Building Inspector noted that the church could be
requested to wet the dirt down.
Roll call: All ayes
b. Traffic Commission
The Council received the minutes of the June 5th Traffic Commission
meeting. This was for informational purposes only and no Council
action was required.
c. Exploration of Sister City Concept
Dolores Strand, a member of the Sister City Committee, gave the back-
ground of the presently-forming Committee and the history of this type
of organization in the United States and internationally. The Sister
City Program was started by President Eisenhower in 1956.
The Sister City Committee in Columbia Heights has been meeting since
March of this year and presently has twelve members. Strand requested
that the City Council give official recognition of the Committee.
Irene Parsons, also a member of the Committee, explained the Sister
City concept, which would involve many segments of the community,
such as education, government, churches, civic organizations and commerce.
She noted that any exchange activities which may be participated in
would ben-financed by the participating organizations. The City would
not supply the funding. Parsons felt that one of the plus factors of
the Program is that everyone in our community could participate.
Sister City, International is a liaison organization which coordinates
activities of this type. To become a member of Sister City, International
there is an annual membership fee of $250.00 and an additional nominal
fee to be chartered.
The City Manager recommended that the School District as well as the
City participate and that the Program be coordinated through the Columbia
Heights Chamber of Commerce. It was noted that the Columbia Heights
Regular Council Meeting
June 12, 1989
page 27
Athletic Boosters had indicated its support of the Program. Councilmember
Peterson advised that the Human Services Commission has also expressed
an interest in being involved in the Sister City Committee.
Motion by Carlson, second by Hadtrath to officially recognize the Sister
City Committee and encourage the Committee to "go forward" and continue.
Roll call: All ayes
d. Tax Increment Funds Attributable to School District Referenda Levies
Motion by Petkoff, second by Peterson to direct the City Manager to for-
ward a letter to the Columbia Heights School Board indicating that the
City cannot transfer tax increment funds which may have been generated
as a result of certain school district referenda since outstanding bonds
exist for projects and that such tax increment proceeds are pledged to
debt retirement. Roll call: All ayes
e. Request of Athletic Boosters to Conduct Gambling at Fourth of July
Celebration
Motion by Peterson, second by Carlson that the City Manager advise the
Minnesota Charitable Gambling Control Board that the City has no
objections to the Columbia Heights Athletic Boosters (Minnesota Gam-
bling License b-02072-0OI) conducting gambling in conjunction with
the Fourth of July Celebration on July 4, 1989, at John P. Murzyn
Hall, and furthermore, that the remainder of the sixty day waiting
period be waived. Roll call: All ayes
9. New Business
a. Approve Agreement with Anoka County for Preparation of Property Values
(Assessments)
Motion by Petkoff, second by Peterson to authorize the Mayor and City
Manager to execute a Joint Powers Agreement with Anoka County for services
of the County Assessor in preparing property values for the City of
Columbia Heights. Roll call: All ayes
b. Award of Landscaping Contract
The City Manager noted that recommendations for landscaping at Murzyn
Hall and the Municipal Services Center were made as well as for the
landscaping at the City Hall. He felt that any landscaping considera-
tions for the City Hall should be delayed until anticipated work at
City Hall is completed.
Motion by Carlson, second by Peterson to award the 1989 landscaping
contract for J.P. Murzyn Hall and the Municipal Service Center to
Classic L.~ndscaping of Richfield for an amount not to exceed $4,737;
and furthermore, to authorize the Mayor and City Manager to enter into
an agreement for the same. Roll call: All ayes
c. Ordinance No. 1189; Rescinding Ordinance No. 1185
This ordinance would rescind Ordinance No. 1185 which would amend Ordinance
No. 853, City Code of 1977, the selling of certain real estate at 1309
44½ Avenue. The City Manager felt the construction of a duplex, which
is being considered for this parcel, would conflict with the make up
of the remainder of the neighborhood. The zoning of the parcel does allow
for two family units. The City Manager has been advised that the purchaser
Regular Council Meeting
June 12, 1989
page 28
is attempting to buy an adjacent parcel which is thought to be a tax
forfeit c'lty-owned parcel.
Motion by Peterson, second by Petkoff to waive the reading of the ordi-
nance there being ample copies available to the public. Roll call: Ail
ayes
ORDINANCE NO. 1189
BEING AN ORDINANCE REPEALING ORDINANCE NO. 1185
The City of Columbia Heights does ordain:
Section I: Ordinance No. 1185, BEING AN ORDINANCE AMENDING ORDINANCE NO.
853, CITY CODE OF 1977, SELLING CERTAIN REAL ESTATE AT 1309
44½ AVENUE NORTHEAST, passed May 22, 1989, is hereby repealed.
Section 2: This Ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
First reading:
June 12, 1989
The second reading of Ordinance No. 1189 is scheduled for June 26, 1989.
d. Change Order - 40th and 41st Avenue, Watermain Break
Authorization of a change order for the costs associated with the repair
after a watermaln break between 40th and 41st Avenues is being requested.
The costs will come from the Undesignated Retained Earnings in the Water
Fund.
Motion by Hadtrath, second by Peterson to authorize Change Order No.
8716-1 in the amount of $29,195 with Preferred Paving, Inc., however,
subject to the terms of the contract remaining unchanged and also that
the Mayor and City Manager be authorized to enter into an agreement for
same. Roll call: All ayes
10. Reports
a. Report of the City Manager
The City Manager's report was submitted in written form and the following
items were discussed:
!. City Financing Employee Computer Purchases: The Council requested that
thls matter be on a work session agenda for discussion.
2. 3~h Place Improvements: The Public Works Director prepared infor-
mation for the Council regarding improvements for 38th Place. No
Council action was taken at this time.
3. Sale of City-owned Property: Invest Cast had indicated an interest
in purchasing some city-owned property adjacent to its facility.
Motion by Peterson, second by Petkoff to authorize staff to prepare
an ordinance, obtain property description and seek an appraisal of
the property in question. Roll call: All ayes
4. Collection of Yard Wastes: A memo from the Recycling Coordinator
advised the Council of three alternatives for collecting yard
Regular Council Meeting
June 12, 1989
page 29
4. waste. Of the three alternatives being presented, alternatlve
# 2 is being recommended.
5. Community Participation Process for Northeast Light Rail Transit
Corridor: Councilmember Petkoff had concern with how public and
community input will be structured. She felt that decisions would
be made which would impact our City without any meaningful input.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
Councilmember Petkoff requested the Cable Commission and staff look
into cable transmission of the Council Meetings. She has received many
complaints from viewers regardlng the picture and the audio.
Councilmember Peterson inquired if any additional work ls planned for
37th Avenue. He was advised there is none at the present time.
The Public Works Director advised the Council that the drilling for
hazardous waste in Huset Park had been completed last week. The reports
of the findings should be ready in about two weeks.
Adjournment
Motion by Hadtrath, second by Carlson to adjourn the meeting at 10:25
p.m.. Roll cai): All ayes
Mayor Dale V. Hadtrath
u/~o-Anne Studen't-, -CoXu~usil Secretary