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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