HomeMy WebLinkAboutDecember 13, 1993OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
The Council Meeting was called to order at 7:00 p.m. by Mayor
Murzyn.
ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items on the Consent Agenda were addressed by
the City Council:
Renewal of Class B License by Lion's Club for Dick's Place
The Council directed the City Manager to forward a letter to
the State Charitable Gambling Board indicating that the City
of Columbia Heights has no objection to the renewal of a Class
B charitable gambling license for the Columbia Heights Lions
Club for Dick's Place, 547 40th Avenue Northeast, Columbia
Heights and the Council waived the remainder of the sixty day
notice to the local governing body.
Class B License _~y Lions Club for !ycoon Bar
T}~e Council directed the City Manager to forward a letter to
the State Charitable Gambling Control Board indicating that
the City of Columbia Heights has no objection to the issuance
of a Class B charitable gambling license for the Columbia
Heights Lions Club for Tycoon Bar, 4952 Central Avenue
Northeast, Columbia Heights and the Council waived the
remainder of the sixty day notice to the local governing body.
Renewal of One Time Raffle by Minnesota Waterfowl Association
The Council directed the City Manager to advise the Minnesota
Charitable Gambling Control Board that the City has no
objections to the issuance of a one time raffle to be
conducted by the Minnesota Waterfowl Association at Murzyn
Hall and the sixty day waiting period was waived, such action
stipulated upon the Association paying the $25 license fee to
the City of Columbia Heights.
League of Minnesota Cities Annual Membership Dues
The Council approved the continued membership with the League
of Minnesota Cities and authorized the payment of $8,746 for
the 1994 annual membership dues.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 2
o
Designating an Official Newspaper for 1994
The Council designated the Columbia Heights Focus as the
official City newspaper for 1994 and authorized the Mayor and
City Manager to enter into an agreement with the Columbia
Heights Focus for required publications.
Workers' Compensation Insurance
The Council authorized the City Manager to renew the workers'
compensation insurance policy from the League of Minnesota
Cities' Insurance Trust under the retrospectively rated
premium option using a maximum factor of 130% at the rates
specified in their quotation.
Councilmember Nawrocki requested information regarding the
rate range for 1993.
Attendance at Mn/DOT Grading and Base II Course by Engineering
Tech IV
The Council authorized the Engineering Technician IV to attend
the Grading and Base II course in Duluth, Rochester, or
Bemidji, depending on space availability and that all related
expenses be reimbursed from funds 212-43190-3105 and 212-
43190-3320.
~.Ayment of Bills
The Council authorized the payment of the bills as listed out
of proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Clerkin to approve the Consent
Agenda. Roll call: All ayes
APPROVAL OF MEETING MINUTES
Motion by Nawrocki, second by Ruettimann to approve the
minutes of the Regular Council Meeting of November 22, 1993,
the Levy Hearing of November 29, 1993, the Truth In Taxation
Hearing of December I, 1993 and to table for further
consideration the minutes of the Continued Truth In Taxation
Hearing of December 8, 1993. Roll call: All ayes
Councilmember Nawrocki will advise the Council Secretary of
the changes/additions he desires for the December 8, !993
Continued Truth In Taxation Hearing.
5. PRESENTATIONS AND OPEN MIKE
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 3
a. Presentation of Plaque to Don Jolly
Mayor Murzyn presented a plaque to Don Jolly in recognition of
his thirty eight years of service as a City employee.
b. N.S.P. Enerqy Rebate Presentation
A representative of Northern State Power Company presented two
checks totalling $10,161.78 to the Mayor for energy rebates.
These rebates resulted from the City's energy savings program
with Honeywell.
c. NOD Presentation Cash Award for Castle Heights
Representative Wayne Simoneau presented a $3,500 check to the
Mayor awarded by the National Organization on Disabilities for
the Castle Heights Project.
Motion by Nawrocki, second by Murzyn that the funds
represented by the check be made available for the Castle
Heights Committee to use for the Castle Heights project.
call: All ayes
Marcia Stroik, Castle Heights Project Chairperson, advised the
Council how these funds will be used.
Councilmember Nawrocki observed this project is an excellent
example of volunteerism and suggested volunteer projects were
better left to community organizations and groups. He felt
this would be preferable rather than being managed/organized
by a City employee.
d. Open Mike
Ms. Jamie Davis, 4624 Pierce Street, advised the Council she
had resided in Columbia Heights previously. She recently moved
back into the community in the Sheffield Neighborhood where
she had formerly lived. She has noticed improvements in her
area and stated her concern for the Council's future plans.
Ms. Davis stated her opposition to having many of the rental
properties razed and felt they could once again be housing for
good tenants. She had been advised the Council intended to
level much of the housing it is proposing to purchase.
Councilmember Ruettimann assured Ms. Davis the Council is not
only considering one alternative but is also considering
rehabing some of the units, rebuilding some of them into
single family homes and other alternatives which would include
owner-occupied situations. He also noted that many of the
units are presently vacant.
REGULAR COUNCIL MEETING
DECEMBER 13, I993
PAGE 4
Mayor Murzyn stated no decisions have been made to tear any of
these structures down. He also noted that the Council values
the residents of the area as a valuable resource. The SHINE
neighborhood organization is a good avenue for resident input.
Harold Hoium suggested that Columbia Heights is viewed as a
convenient place for drug dealers to do business. He is of the
opinion that there are never any prosecutions of drug dealers.
Mr. Hoium stated he has questioned court services personnel
who are officed in the Columbia Heights Court and they have
indicated to him they are unaware of any drug dealer
prosecutions.
Mr. Hoium was advised these types of court affairs are held
only in the Anoka County Court House in Anoka. Drug dealer
prosecutions are hand]ed through Anoka County prosecutor's
office and there have been many of them.
Dick Novak, 4]46 Cleveland Street, advised the Council of his
interest in being appointed to serve on the Science,
Technology and Energy Commission. All members of the Council
were in receipt of his application.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. Public Hearing - Basic Cable Rates
Tom Creighton, the cable counsel, explained this public
hearing is to discuss establishing rates-for basic cable
service supplied by Meredith Cable. Since there is important
information still needed, Mr. Creighton recommended this
public hearing be continued. He felt this was necessary as the
cable rates are still not "system specific."
Noting that the City has no control over the premium channel
rates, Councilmember Nawrocki stated it is significantly
important to find out how the company allocates costs.
Motion by Ruettimann, second by Clerkin to waive the reading
of the ORDER regarding the tolling of the effective date of
the initial rates submitted by Meredith Cable to the City of
November 15, 1993 and to continue the public hearing until
January 24, 1993. Roll call: All ayes
b. Resolution No. 93-65; Resolution Authorizing the Purchase
of Various Residential Properties Located in the Sheffield
Neighborhood
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 5
This resolution addresses purchasing thirteen duplexes in the
Sheffield Neighborhood. The City Manager reviewed the purchase
agreement and possible sources for funding.
Motion by Ruettimann, second by Peterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
Councilmember Nawrocki felt the price of these properties was
too high. Me was also concerned with having no opportunity for
public input nor public hearing. He recommended this issue be
delayed until the City's residents could be informed of the
potential use of public money to purchase these structures.
The City Manager advised there was some urgency expressed by
the seller who had hoped to have the matter for consideration
by December 14th.
Motion by Nawrocki, second by Clerkin to table this matter
until the December 27, 1993 Council Meeting and to direct
staff to work with the local newspapers to publicize this
matter and encourage local input. Roll call: Clerkin, Nawrock~
- aye Ruettimann, Peterson, Murzyn - nay Motion fails.
Councilmember Nawrocki inquired if these buildings had been
recently inspected. The City Manager responded they are
inspected periodically and there had been some minor
vandalism. Currently, the condition of all of the buildings
would make them unlicensable.
Discussion continued regarding title insurance, taxes and
assessments, warranty deeds and the future disposition of the
vacant buildings. The City Manager feels the buildings do not
warrant boarding up but general maintenance regarding snow
removal and yard work will be done.
Keith Roberts, Chairperson of SHINE, advised that any delay
could cause one third of the vacant buildings to go into
foreclosure and then there would be three landlords with whom
to deal. He speculated this could risk having the purchase
price of the properties increase.
Councilmember Nawrocki again stated his position that there
should be some public forum for resident input when $702,000
of public money is being spent.
Lee Stauch, owner of these properties, indicated his desire to
move on with these sales as quickly as possible.
REGULAR COUNCIL MEETING
DECEMBER 13, ]993
PAGE 6
RESOLUTION NO. 93-65
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF VARIOUS
RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD
NEIGHBORHOOD
WHEREAS, the City Council of the City of Columbia Heights (the
"City") and the Housing and Redevelopment Authority in and for
the City of Columbia Heights (the "Authority") have been
working jointly to prepare a Redevelopment Plan for the
Sheffield Neighborhood entitled "The Sheffield Neighborhood
Revitalization Program" (the "Redevelopment Plan"); and
WHEREAS, the City and the Authority have found within the
Sheffield Neighborhood there exists conditions of
deterioration, substandard residential structures, residential
units iD Deed of compulsory repairs which are in violation of
the City Housing Code and City Ordinances and there exists a
need for intervention by the public sector to prevent further
deterioration of the area, and
WHEREAS, the City has an option to acquire 13 such non-owner
occupied duplexes pursuant to that certin Purchase Agreeme~'
by and between the City of Columbia Heights and Leland W. and
Audrey K. Stauch (the "Sellers") and the Purchase Agreement
was signed by the Sellers on December 9, I993, and is provide~
herewith; and
WHEREAS, the City and the Authority are working jointly
finalize a budget and a source of permanent funds to acquire
the rea] property to be conveyed by the Seller to the City
according to the terms of the Purchase Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Columbia Heights that:
1. The City Council hereby approves the terms of the Purchase
Agreement and authorizes the Mayor and City Manager to sign it
on behalf of the City.
2. The City Council hereby authorizes the City Manager to
handle all the requirements and conditions in order for the
City to complete the transaction contemplated in the Purchase
Agreement.
3. The City Council approves an interim source of funding from
Capital Improvement Fund 410 in the amount of $707,000, wit?~
an interfund loan from the Retained Earnings Fund 652~ Sewer
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 7
Construction Fund, so the City may acquire the real property
as provided in the Purchase Agreement.
4. The City Manager is authorized to work jointly with the
Authority to identify a permanent source of project financing.
5. The Interim Sources will be repaid at such time when
sources of permanent financing for the costs identified in the
Redevelopment Plan have been received by the City.
Passed this 13th day of December, 1993.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
C]erkin, Ruettimann, Peterson, Murzyn - aye
Nawrocki - abstain
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
c. Resolution No. 93-66; Resolution Establishing Senior
Citizen Eligibility Standards for Refuse, Sewaqe Disposal and
Water SUDDlY Utility Rates
Motion by Nawrocki, second by Clerkin to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 93-66
RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS
FOR REFUSE~ SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES
WHEREAS, the City Council has previously established
eligibility standards for senior oitizens for refuse service,
disposal and water supply; and
WHEREAS, it has been the City's practice to maintain un]form
eligibility standards whenever possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights
as follows:
1. That anyone over 62 years of age with a maximum household
income of $15,000 wi]] be eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard be
effective January 1, 1994.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 8
Passed this 13th day of December, 1993.
Offered by:
Seconded by:
Roll call:
Nawrocki
Ruettimann
Ali ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
d. Resolution No. 93-67; Beinq a Resolution Establishinq
Policy for Discontinuance of Residential Refuse Service While
Residential Property is Vacant
Motion by Ruettimann, second by Peterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 93-67
ESTABLISHING A POLICY FOR THE DISCONTINUANCE OF RESiDENTiAL
REFUSE SERVICE WHILE A RESIDENTIAL PROPERTY IS VACANT
WHEREAS, on December 10, 1990, the City Council of the City of
Columbia Heights established a policy whereby refuse credit
would be granted only when the water service to the property
has been discontined, and the garbage cans and recycling
containers are placed in an inaccessible location for pickup;
and
WHEREAS, the City Council of the City of Columbia Heights
desires to allow a refuse credit on residential property when
the property is vacant for thirty (30) days or more without
requiring the water service to be discontinued; and
WHEREAS, the City Council of the City of Columbia Heights
desires to establish a minimum monthly refuse fee while refuse
service is discontinued;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Columbia Heights, that residential refuse service
may be discontined when the property is vacant for thirty (30)
days or more provided all of the following conditions are met:
1. A customer must notify the City utility billing department
in writing a minimum of two (2) weeks prior to the property
being vacant.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 9
2. Refuse service must be discontined in increments of one (I)
week.
3. Refuse and recycling containers must be placed in an
inaccessible location.
BE IT FURTHER RESOLVED that the following administrative
procedures be followed:
]. Refuse service will then be discontined and the customer
will be given credit in one (1) week increments on their
utility bill for the period of discontinuance.
2. The City Council will set a monthly refuse administrative
service fee by resolution for the period of time the
residential property is vacant. This fee will be charged for
any month or portion of a month that the property is vacant.
3. The initial monthly fee will be Five Dollars ($5.00).
Motion by Nawrocki to amend and to strike #3 in the first
RESOLVE. Motion dies for lack of a second.
Passed this ]3th day of December, 1993.
Offered by: Ruettimann
Seconded by: Peterson
Roll call: All ayes
Mayor Donald ~J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
e. First Reading of Ordinance No. 1281, Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, as Amended,
Pertaining to the Housing Maintenance Code and Licensing
Rental Units
Motion by Ruettimann, second by Peterson to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1281
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE
AND LICENSING RENTAL UNITS
REGULAR COUNCIL MEETING
DECEMBER ]3, 1993
PAGE ]0
ORDINANCE NO. 1281
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AS AMENDED PERTAINING TO THE 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,
as amended, which has been repealed by Ordinance No. ,
shall hereafter read as follows, to wit:
Chapter 5A HOUSING MAINTENANCE CODE
Article I General Provisions
Section 1: Statement of Purpose
5a.i01(1) The purpose of the Housing Maintenance Code
(hereinafter referred to in Chapter 5A as "Code") is to
protect the public health, safety and general we]fare of the
people of this City. These objectives include, among others~
the following:
(a) To protect the character and stability of residentia!
areas within the city;
(b) To correct and prevent housing conditions that adversely
affect or are likely to adversely affect the life, safety,
genera] 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 building;
(d) To prevent the overcrowding of dwellings;
(e) To provide minimum standards for the maintenance of
existing residential buildings and to thus prevent substandard
housing and blight;
(f) To preserve the value of land and buildings throughout the
city.
5A.101(2) With respect to disputes between landlords and
tenants, and except as otherwise specifically provided by
terms of this Ordinance, the City Council will not intrude
upon the accepted contractual 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
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 1I
will it be receptive to complaints from landlords or tenants
which are not specifically and ulearly relevant to the
provisions of this Code. In the absence of such relevancy
with regard to rental disputes, it is intended that the
contracting parties exercise such legal sanctions as are
available to them without the intervention of City government.
In enacting this Code, the Council does not intend to
interfere or permit interference with legal rights to personal
privacy.
Section 2: Applicability
5A.102(1) 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.
Section 3: Definitions
5A.103(1) 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 is not authorized to
be used for living or sleeping by human occupants and which is
located on or partially on the premises.
(b) 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 floor level in a building having only
one floor level shall b~ classified as a basement unless such
floor level qualifies as a first story as defined herein.
(e) Building. Any structure having a roof which may provide
shelter or enclosure for persons, animals, or chattels, and,
when said structure is divided by party walls without
openings, each portion of such building so separated shall be
deemed a separate building.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 12
(f) Building Official. Agent designated by the City Manager
to enforce provisions of the Housing Maintenance Code.
(g) Clean. The absence of rubbish, garbage, vermin or other
unsightly, offensive or extraneous matter.
(h) Dwelling. A structure or portion thereof designed
exclusively for residential occupancy, including boarding and
lodging houses, but not including hotels and motels.
(i) Dwelling Unit. Dwelling unit has the same meaning as
apartment unit (within this Code).
(j) Exit. A continuous and unobstructed means of eqress to a
public way and shall include intervening doors, doorways,
corridors, ramps, stairways, smoke-proof enclosures,
horizontal exits, exit passageways, exit courts and yards.
(k) 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 housel~o!d and using common cooking and kitchen
facilities.
(1) Functioning. In such physical condition as to safely
perform the service or services for which an item is designed
or intended.
(m) Garbage. Garbage is defined in §5.605(.2) (a).
(n) Habitable. A dwelling unit or part thereof that meets
minimum standards for use as a home or place of abode by one
or more persons.
(o) Hot Water. Water heated to a temperature of not less than
110 degrees Fahrenheit, measured at faucet outlet.
(p) Housing Code. Section 5A of th~s Code together with the
Uniform Housing Code, 1985 Edition, International Conference
of Building Officials.
(q) Infestation. The presence within or around a dwelling or
dwelling unit of any insect, rodent, vermin or other pest.
(r) Kitchen. A habitable room within a dwelling unit intended
to be used for the cooking of food or preparation of meals.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 13
(s) Occupant. Any person (including owner or operator)
living, sleeping, cooking or eating within a dwelling unit.
(t) Owner. Any person, firm or corporation who, alone,
jointly, or severally with others, shall be in actual
possession of, or have charge, care control of any dwelling,
dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or guardian of
the estate or person of the title holder. Also, any person,
firm or corporation who has the right to determine who
occupies a rental structure (even though that right may be
subject to a lease or rental agreement), or a person, firm,
corporation who shall have the power to rent or let premises
to another for purposes of this Code.
(u) Person. Any individual, firm, partnership, association,
corporation, company or a joint venture or organization of any
kind.
(v) Premises. A platted lot. or part thereof or unplatted
parcel of land, and adjacent right-of-way either occupied or
unoccupied by a~y dwelling or structures.
(w) 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
ncr include hotels, motels, hospitals or hames for the age~.
(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) 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.
(bb) Rooming Houses. Any group of rooms which form single
habitable units used or intended to be used for living and
sleeping, but not for cooking or eating purposes.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 14
(cc) Rubbish. Rubbish is defined in §5.605(2)(b) of this City
Code.
(dd) Safe. The condition of being free from danger and
hazards which may cause accidents or disease.
(ee) Story, First. The lowest story Jn a building which
qualifies as a story, as defined herein, except that a floor
level in a building having only one floor ]eve] 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.
(fl) 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 hazaraot, s
to the health of persons.
(hh) Water Closet. A toilet, with a bowl and trap made in one
piece, which is connected to the City water and sewage system
or other approved water supply and sewer system.
5A.t03(2) Whenever the words "dwelling," "dwelling unit,"
"premises," or "structure" are used in this Chapter, they
shall be construed as though they were followed by the
words"or any part thereof."
Article II Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201(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) 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
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 15
and utensils and of food that does not require refrigeration
for safekeeping. All cabinets, shelves, counter tops, and
tables shall be of sound construction covered with surfaces
that are easily cleanable and that will not impart any toxic
or deleterious effect to food.
(c) Food Storage and Preparation. Each unit must contain an
operational and functioning stove for cooking food and a
refrigerator for the safe storage of food which are properly
installed with all necessary connections for safe, sanitary
and efficient operation. Such stove or refrigerator need not
be installed when a dwelling unit is not occupied and when the
occupant is required to provide a stove or refrigerator on
occupancy. If the occupant is required to furnish a stove or
refrigerator, sufficient space and adequate functioning
connections for the installation and operation of the stove
and refrigerator must exist.
(d) Toilet Facilities. Every dwelling unit shall contain a
nonhabitable room which is equipped with a flush water closet
in compliance with §6.201(1). Such room shall have an
entrance door which affords privacy. Said flush water closet
shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times
provides an adequate amount of running water under pressure to
cause the water closet to be properly functioning, and shall
be connected to the City sewer system.
(e) Lavatory Sink. Every dwelling unit shall contain a
lavatory sink. Said lavatory sink may be in the same room as
the flush water closet, or, if located in another room, the
lavatory sink shall be located in close proximity to the door
leading directly into the room in which said water closet is
located. The lavatory sink shall be Jn 9ood workin~ and
functioning condition, shall be properly connected to an
approved water system, shall provide at all times an adequate
amount of heated and unheated running water under pressure,
and shall be connected to the City sewer system.
(f) Bathtub or Shower. Every dwelling unit shall contain a
nonhabitable room which is equipped with a bathtub or shower
in good working condition. Such room shall have an entrance
door which affords privacy. A bathtub or shower shall be
properly connected to an approved water supply system, shall
provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer
system.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 16
(g) 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 four risers or more high shall have
handrails which conform to the standards set forth in
§6.201(1). Every porch, balcony or deck which is more than
thirty (30) inches high shall have a guardrail located at
]east thirty-six (36) inches above the floor of the porch or
balcony. Every handrail and guardraii 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
(I00) pounds per square foot of horizontal projection.
(h) Access to Dwelling Unit. Access to or egress from each
dwelling unit shall be provided without passing through any
other dwelling unit.
(i) Ail buildinqs inspected under Chapter 5A, the Housinq
Maintenance Code, shall conform to applicable Uniform Buildin~
Code and Uniform Fire Code standards and requirements.
(j) All repairs, replacements or maintenance to the structure
or dwe]linq unit shall conform to the surroundinq buildinq
materials and genera] appearance of the existinq area.
(k) All owners of rental dwellinqs shall provide telephone
access number(s) to be used in emerqency situationsf includinq
emerqency maintenance and repair. This requirement shall be
a condition precedent to the issuance of any rental license.
Section 2: Door and Window Locks
5A.202(1) No person shall occupy as an owner-occupant or let
to another for occupancy any dwelling or dwelling unit for the
purpose of living, sleeping, cooking or eating unless all
exterior doors of the dwelling or dwellinu unit are equipped
with safe and functioning door and window locks which comply
with the following requirements, to-wit:
(a) When access to a dwelling unit door is gained through a
common corridor or entrance in a dwelling in which four (4) or
more dwelling units share a common entrance or corridor, an
REGULAR COUNCIL MEETING
DECEMBER 13,1993
PAGE 17
approved security system shall be ma'intained for each multiple
family building to control access. The security system shall
consist of locked building entrance or foyer doors, and locked
doors leading from the hallways into individual dwelling
units. Dead-latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside of
building entrance doors and with key cylinders on the outside
of the building entrance doors. Building entrance door-
latches shall be of the type that are permanently locked. An
approved lock box with buildinq entry key, boiler room keyj_
laundry and common area keys, all marked individual]~
accessible to the Fire Department must be provided for access
to the building. They enumerated keys must be present in the
lock box at all times. A communication system or device such
as an intercom, teleph~ne~ audible bell or buzzer or other
~pproyed means or makinq contact with the tenants must be
(b) Every door that provides ingress or egress for a ~wei/ing
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 doers
shall be openabie from the inside without the use of a key or
any special knowledge or effort.
(c) All inqress, egress and interior doors shall be kep__t___f~_'ee
of holes and/or punctures.
Section 3: Light, Ventilation and Electric
5A.203(1) No person shall occupy as an owner-occupar~t or !et
to another for occupancy any dwelling or dwelling unit for
purpose of living, sleeping, cooking or eating therein which
does not comply with the following requirements, to-wit:
(a) Habitable Room Ventilation. Every habitable room shall
have at least one window facing directly outdoors which can be
easily opened unless the room contains, in lieu thereof,
another device affording ventilation which has been approved
by the Building Official. The minimum total of openable
window area in every habitable room shall be the greater of
four percent (4%) of the floor area of the room or four (4)
square feet.
(b) Sleeping Room Egress. Sleeping rooms in buildin~q:.5
existinq_prior to this code must have window or do_o__r_o!!enin~_g_s_
for eqress of no less than four (4) square feet or the minimums
size requ_!_r_~e.d__b_y the Buildinq. Code in effect when the dwellinq
was constructed. Space that is added on or converted to
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 18
sleeping rooms must meet. the applicable codes at the time of
conversion for habitable rooms and provide a means of eqress
with openable area of no less than 5.7 square feet.
(c) Nonhabitable Room Ventilation. Every bathroom, water
closet compartment, laundry room, utility room, or other
nonhabitable room shall contain a minimum total of openab]e
window area of no less than 1.5 square feet, except that no
windows shall be required if such rooms are equipped with a
functioning ventilation system which is approved by the
Building Official.
(d) Electrical Service, Outlets and Fixtures. Every dwelling
unit and ail public and common areas shall be supplied with
functioning electrical service, functioning overcurrent
protection devices, functioning electrical outlets, and
functioning electrical fixtures which are properly installed,
which shall be maintained in a safe working condition and
which shall be connected to a source of electric power ~n a
manner prescribed by §6.201(1). The minimum capacity of such
electric service and the minimum number of electric outlets
and fixtures shall be as follows:
(i) A dwelling containing two or more units shall have at
]east the equivalent of sixty (60) ampere, three-wire electric
service per dwelling unit.
(ii) 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
two floor or wall type electric convenience outlets or one
such outlet for each sixty (60) square feet. of fraction
thereof of total floor area; provided, however, the one
ceiling or wall-type light fixture may be substituted for one
required electric outlet.
(iv) Every water closet compartment, bathroom, kitchen,
laundry room, and furnace room shall contain at least one
supplied ceiling or wall-type electric light fixture, and
every bathroom, kitchen, and laundry room shall contain at
least one electric convenience outlet.
(v) Every public hail 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
REGULAR COUNCIL MEETING
DECEMBER I3, 1993
PAGE 19
which may be turned on when needed may be substituted for
full-time lighting.
Section 4: Minimum Thermal Standards
5A.204(1) No person shall occupy as an owner-occupant or let
to another for occupancy any dwelling or dwelling unit, for
the purpose of living,- sleeping, cooking or eating therein
unless such dwelling or dwelling unit shall have heating
facilities which are properly installed and maintained in safe
and functioning condition, which are capable of safely heating
all habitable rooms, bathrooms and water closet compartments
in every dwelling unit located therein to a temperative of at
]east seventy (70) degrees Fahrenheit at a distance of three
(3) feet above floor level and at three (3) feet from exterior
walls, and which shall comply with the following requirements,
to-wit:
(a) Gas or electrical appliance designed primarily for cooking
or water heating purposes shall not be considered as heating
facilities within the meaning of this section.
(b) Portable heating equipment employing flame or the use of
liquid fuel shall not be considered as heating facilities
within the meaning of this section and is prohibited.
(c) No owner or occupant shall install, operate or use a space
heater employing a flame that is not vented outside the
structure in an approved manner.
(d) No owner shall supply portable electric heaters to comply
with this §5.204(1).
Section 5: Foundation, Exterior Walls, and Roofs
5A.205(]) No person shall occupy as an owner-occupant or ]et
to another for occupancy any dwelling or dwelling unit for the
purpose of living, sleeping, eating or cooking therein which
does not comply with the following requirements, to-wit:
(a) The foundation, exterior walls and exterior roof shall be
water tight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element
shall adequately support the building at all points. Every
exterior wall shall be free of structural deterioration or any
other condition which might admit rain or dampness to the
interior portion of the walls or to the interior spaces of the
dwelling. The roof shall be tight and have no defects which
admit rain or roof drainage and shall be adequate to prevent
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 20
rain water from causing dampness in the walls. All exterior
surfaces, other than decay resistant materials, shall be
covered by paint or other protective covering or treatment
which protects the exterior surfaces from elements and decay
in a functioning manner. If 25% or more of the total exterior
surface of the pointing of any brick, block or stone wall is
loose or has fallen out, the surface shall be protected as
heretofore provided.
(b) Windows, Doors and Screens. Every window, exterior door
and hatchway shall be tight and shall be kept in repair.
Every window other than fixed window shall be capable of
being easily opened and shall be equipped with screens between
May ] and September 30, inclusive, of each year. Every
window, door and frame shall be constructed and maintained in
such relation to the adjacent, wall construction as to
completely exclude rain, vermin, rodents, and insects from
entering the building.
(c) Floors, Interior Walls and Ceilings. Every floor,
interior wall and ceiling shall be protected against the
passage and harborage of vermin and rodents and shall be kept
in sound condition and good repair. Every floor shall be free
of loose, warped, protruding or rotted flooring materials.
Every interior wall and ceiling shall be maintained in a tight
weatherproof condition and may not be covered wholly or
partially by toxic paint or materials with a lasting toxic
effect. Every toilet room and bathroom floor surface shall be
capable of being easily maintained in a clean state.
(d) Rodent Proof. Each part of every dwelling shall be rodent
resistant. All openings in exterior walls, foundations,
basements, ground or first floors or roofs which have an
opening of 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.
(e) Fence Maintenance. All fences on the premises where the
dwelling or dwelling unit is located shall be maintained in
accordance with §6.401 to §6.403, inclusive, of this City
Code.
(f) Accessory Structure Maintenance. Accessory structures on
the premises where the dwelling or dwelling unit is located
shall be structurally sound and maintained in good repair.
The exterior of such structures shall be covered with decay-
resistant materials such as paint or other preservatives.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 2I
(g) Safe Building Elements. Every foundation, roof, floor,
exterior wall, interior wall, ceiling, inside stair, outside
stair, porch, balcony and every appurtenance to each of the
foregoing shall be safe to use and capable of supporting
normal structural loads.
(h) Facilities to Function. All equipment, utilities, chimney
and flue required under City Code shall function effectively
in a safe, sound and working condition.
Section 6: Maximum Density and Minimum Space for Rental Units
5A.206(1) No person shall rent or let to another for occupancy
any rental dwelling for the purpose of living, sleeping,
eating or cooking therein which does not comply with the
following requirements, to-wit:
(a) Permissible Occupancy of Dwelling Unit. The maximum
permissible occupancy of any rental dwelling unit shall be
determined as follows:
(i) For the first occupant, 150 square feet of habitable
floor space and for every additional occupant thereof, at
]east 100 square feet of habitable room floor space.
(ii) In no event shall the total number of occupants exceed
two times the number of habitable rooms~ less kitchen, in the
dwelling unit.
5A.206{2) No person shall occupy as an owner-occupant or let
to another for occupancy any dwelling unit for occupancy by
more than one family, other than for temporary guests.
Section 7: Screening and Landscaping
5A.207(1) No pJrson shall occupy as an owner-occupant or let
to another for occupancy any dwelling or dwelling unit for the
purpose of living, sleeping, eating or cooking therein which
does not comply with the requirements of this §5A.207.
(a) Definitions. For the purposes of this Section,
following terms shall have the meanings stated:
the
(i) Fence. Any partition, structure, wall, or gate erected as
a divided marker, barrier, or enclosure, and located along the
boundary or within the required yard.
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DECEMBER 13, 1993
PAGE 22
(ii) Landscape. Site amenities, including trees, shrubs,
ground covers, flowers, fencing, berms, retaining walls, and
other outdoor finishings.
(iii) Mechanical Equipment. Heating, ventilation, exhaust,
air conditioning, and communication units integral to and
located on top beside, or adjacent to a building.
(iv) Retaining Wall. A wall or structure constructed of
stone, concrete, wood, or other materials, used to retain
soil, as a slope transition, or edge of a plating area.
(v) Screening. A barrier which blocks all views from public
roads and differing land uses to off-street parking areas,
loading areas, service and utility areas, and mechanical
equipment.
(b) Every yard of any premises on which a dwelling or dwelling
unit is located shall have installed and maintained
landscaping in accordance with the provisions of this section.
(i) Sodding and Ground Cover. All exposed ground area
surrounding the principle building and accessory build~ngs~
which are not devoted to driveways, parking areas, sidewalks,
or patios, shall be sodded or landscaped with shrubs, trees,
gardens, or other ornamental landscape materials.
landscaped area shall be used for the parking of vehicles or
storage or display of materials, supplies or merchandise.
(ii) Slopes and Berms. Final grades with a slope ratio of
greater than three (3) to one (I) will not be permitted
without special approved treatment such as specia] seed
mixtures or reforestation, terracing, or retaining walls.
Berming used to provide required screening of parking lots and
other open areas shall not have slopes in excess of three (3)
to one (1).
(iii) Maintenance. Any dead trees, shrubs, ground covers, and
sodding shall be replaced in accordance with this Code. Ail
trees or other veqetation which spring uD in crevices__b~
foundations must be promptly removed to avoid structural
damage.
(iv) Placement of Plant Materials. No landscaping shall be
allowed within any drainage utility easements, road right-of-
way, or immediately adjacent to any driveway or road
intersection if such landscaping would interfere with a
motorist's view of the street or roadway or with the use of
the easement for its intended purpose.
REGULAR COUNCIL MEETING
DECEMBER ]3, 1993
PAGE 23
(v)Weeds. The maintenance and upkeep of all lawns and yards
shall be subject to Chapter 4, Article II, Section 3 of the
Columbia Heights City Code, which is incorporated herein by
reference.
(c) General Screening. All loading, service utility,
mechanical equipment, and outdoor storage areas, including
dumpsters and refuse containers for dwellings of three (3) or
more units shall be screened from all public roads and
adjacent differing land uses. All parking lots for dwellings
of three (3) or more units if the property on which the lot is
located abuts a differing land use and is not separated from
the differing ]and use by a public street, roadway or alley
shal! e screened from adjacent differing land uses. Screening
shall consist of any combination of the earth mounds, walls,
fences, shrubs, compact evergreen trees, or dense deciduous
hedge six (6) feet in height. Hedge materials must be at
least three (3) feet in height, and trees must be at least six
(6) feet in height at planting. The height and depth of the
screening shall be consistent with the height and size of the
area for which screening is required. When natural materials,
such as trees or hedges, are used to meet the screening
requirements of this sub-section, density and species of
planting shall be such to achieve seventy-five (75) percent
capacity year-round.
(d) Other Parking Lot Screening. All parking lots for
dwellings of three (3) or more units which are not required to
be screened pursuant to §5A.207(])(c) must either provide
screening pursuant to §5A.207(I) (c) or provide a minimum of
one deciduous tree for every forty-five (45) feet or portion
thereof of parking lot perimeter planted adjacent to the
nearest roadway abutting the property on which the parking lot
is located.
(e) Fences. All fences and screening devices shall be built
and regulated in accordance with Chapter 6, Article IV of the
Columbia Heights City Code~ which is incorporated herein by
reference.
(f) Outside storage of articles, equipment, construction
materials, items no% designed for exterior use and
miscellaneous items including but not limited to lawn mowers
and other lawn maintenance equipment shall not be allowed. A
weathertight, rodent-proof storage building or shed must be
constructed for storage of items not storeable within
building.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 24
(g) Variances under §5A.207 shall be enforced and administered
in accordance with §5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting
5A.208(1) No person sha]! occupy as an owner-occupant or let
to another for occupancy and dwelling or dwelling unit for the
purposes of living, sleeping, cooking or eating therein which
is located on premises which does not comply with the
following requirements, to-wit:
(a) One accessible parking space must be provided for each
dwelling unit.
(b) The required parking space must have a minimum width of 9
feet and a minimum length of 20 feet.
(c) All required parking spaces must be surfaced with asphalt
cz concrete.
(d) Curb guards and/or guardrai]s must be provided for parking
spaces situated above retaining walls.
(e) An unobstructed path must be provided between parking
areas and the dwelling unit.
(f) Lighting must be provided for parking areas and wa!kways
between the parking area and the dwelling unit in dwellings
consisting of three (3) or more units. Lighting must be
available for parking areas and walkways between the parking
area and the dwelling unit for dwellings of two (2) or less
units.
(g) In dwellings of three (3) or more units, parking areas and
pedestrian walkways must have a minimum light of 1 foot
candle, and the maximum light at the boundary line of the
premises may not exceed 3 foot candles.
(h) Driveways leading to parkinq areas and/or access ways to
buildings must be maintained and kept in good repair. In
cases of tenant parking areas all parkinq stalls and driveways
with access to tenant parking shall be hard surfaced with
asphalt or concrete by July 1, 1999.
(i) Commercial Vehicles and Junk Cars. Commercial Vehicles
and junk cars shall be requlated in accordance with Chapter 7,
Article II, Section 5 of the Columbia Heights City Code, which
is incorporated herein by reference.
REGULAR COUNCIL MEETING
DECEMBER ]3, 1993
PAgE 25
5A.208(2) Variances under §5A.207 and §5A.208 shall be
enforced and administered in accordance with §9.105. The
criteria contained in §9.105(3)(d) shall be applied in
deciding whether or not an applicant is entitled to a
variance.
Section 9: Fire Safety
5A.209(1) No person shall occupy as an owner-occupant or ]et
to another for occupancy and 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
shal! be mounted on the ceiling or wall at a point centra]ly
]ocated 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
~nstructions. 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 cc~on
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 co~umercia]
source. Wiring shall be permanent and without a disconnecting
switch other than those required for overcurrent protection.
(c) No person, firmr or corporation shall
smoke detection device. Any _person~ firm, or corporation
proven to have tampered with any smoke detection device shall
by ~uilty of a petty misdemeanor, and upon conviction thereof,
shall be subject to a fine of not more than two hundred
($200.00) dollars.
Section 10: Discontinuance of Service or Facilities
5A.210(1) No owner, operator or occupant shall cause an~
service, facility equipment or utility which is required under
thls Ordinance to be removed from or shut off from or
discontinued for any occupied dwellinq or dwetlinq unit except
for temp_oL~_ interruR~ions as may be necessar~ while actual
repairs or alterations are made or dur!ng___tq~AaLy
9~D~encies.
Section 11: Public Health and Safe~_x
REGULAR COUNCIl, MEETING
DECEMBER 13, 1993
PAGE 26
5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No
occupant of a dwelling or dwelling unit shall accumulate
boxes, ]umber, scrap metal, or any other similar materials in
such a manner that may provide a rodent harborage in or about
any dwelling or dwelling unit.
5A.211(2) Rodent Harborages Prohibited in Public Areas. No
owner of a dwelling containing two or more dwelling units
shall accumulate or permit the accumulation of boxes, lumber,
scrap_metal or any other similar materials in such a manner
~t__~a~' provide a rodent haboraqe in or about shared or
public areas of a dwelling or its premises.
5A.21i(3 Prevention of Food for Rodents. No owner or
occupant of a dwelling or dwelling unit shall store, place, or
allow to accumulate any materials that ma~ serve as food for
rodents n a site accessible to rodents.
5A.211(4) Sanitary Maintenance of Fixtures and Facilities.
Every occupant of a dwelling unit shall keep all supplied
fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of
reasonable care in the proper use and
5A.211(5) Responsibility for Pest Extermination. Eve[y
9squpant of a dwellinq containing a single dwellin~ un~_g_b~.[~
be responsible for the extermination of vermin infestations
and/or rodents on the premises. Every___ogc__up_aDJ=__qf
unit in a dwelling containing more than one dwe]]inq__u__n_it
shall be responsible for such extermination whenever his/her
dwelling unit is the only one infested. Notwithstandinq~
however, whenever infestation is caused by the failure of the
owner to maintain a dwelling in a reasonable rodent-pFoo~x
reasonable vermin-proof condition, extermination shall be the
_r__e_so0onsibility of the owner. Whenever infestation exists in
two or more of the dwelling units in any dwelling, or in the
shared or public parts of any dwelling containinq two or more
dwelling units, extermination thereof shall be the
responsibility of the owner. Proof of professional
extermination shall be supplied to the inspections officer
upon request.
5A.211(6) Garbage, Rubbish and Recyclable Materials. Garbage,
rubbish, and recyclable materials shall be regulated in
accordance with Chapter 8, Article III of the Columbia Hei~bt~
City Code, which is incorporated herein by reference.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 27
ARTICLE III Inspection and Enforcement
Section I: Enforcement and Inspection Authority
5A.301(1) The City Manager and his/her designated agents shall
be the Enforcement Official who shall administer and enforce
the provisions of the Ordinance. Inspections shall be
conducted during reasonable hours, and, upon request, the
Enforcement 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.
Section 2: Inspection Access
5A.302(1) If an owner, occupant or other person in charge of
a dwelling, dwelling unit or of a multiple dwe]!ing fails
refuses to permit free access and entry to the structure or
premises, or any part thereof, for an inspection authorized by
this Ordinance, the Enforcement Official may, upon a showing
that probable cause exists for the inspection or for the
issuance of an order directing compliance with the inspection
requirements of this section with respect to such dwelling,
dwelling unit or multiple dwelling, petition and obtain
order to inspect and/or search warrant from court of competent
jurisdiction.
5A.302(2) Each dwelling or multiple dwel]inq which is the
subject of a rental license shall be inspected at least once
annually, however each individual dwelling unit shall be
inspected upon a change of tenant. It shall be the
repponsibility of the owner of the dwel]inq to notify the Ci~,.
of any tenant chanqes and schedule the appropriate
~nspections. Failure of the owner to noti.~y the
schedule the required inspections, shall be
revocation of the owners rental license.
Section 3: Compliance Order
5A.303(1) Whenever the Enforcement 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:
(a) Be in writing;
(b) Describe the location and nature of the viclations of this
Code;
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 28
(c) Establish a reasonable time not greater than 6 months for
the correction of such violation and advise the person to whom
the notice is directed of the right to appeal; and
(d) Be served upon the owner of his/her agent or the occupant,
as the case may require. Such notice shall be deemed to be
properly served upon such owner or agent, or upon such
occupant, if a copy thereof is:
(i) Served upon him/her personally,
(ii) Sent by certified mail return receipt requested to
his/her last known address, or
(iii) Upon failure to effect notice through (i) and iii) as
set ¢~ut in this section, posted at a conspicuous place in or
about the dwelling which is affected by the notice.
Section 4: Posting to Prevent Occupancy
5A.304(]) The Enforcement Official may post any building or
structure covered by this Ordinance as being in direct
violation of the Ordnance preventing further occupancy.
P¢~sting 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 have not been made.
Current occupants shall have not more than 60 days to vacate
a posted property. Current occupants shall vacate posted
property immediately if such occupancy will cause imminent
danger to the health or safety of the occupants. No person,
other than the Enforcement Official or his representative,
shall remove or tamper wi.th 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.
Section 5: Right of Appeal
5A.305(1) When a person to whom a Compliance Order is directed
alleges that such Compliance Order is based upon erroneous
interpretation of the Ordnance or upon a misstatement or
mistake of fact, such person may appeal as set forth in
§6.202(]).
Section 6: Board of Appeals
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 29
5A.306(1) Upon at least five (5) business days notice to the
appellant of the time and place for hearing the appeal and
within 30 days after said appeal is filed, the Board of
Appeals shall hold a hearing thereon. All hearing notices
shall be given in the same manner prescribed for giving notice
of Compliance Orders under §5A.303(I). All appeals shall be
conducted in accordance with Sec. 203, Uniform Housing Code,
i985 edition, International Conference of Building Officials.
Article IV Licensing
Section l: License Required
5A.401(1) No person, firm or corporation shall operate a
rental dwelling in the City without having first obtained a
license as hereinafter provided from the Building Official.
Each such license shall register annually with the Cindy. 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(1) may be occupied provided that the unlicensed units
within the apartment building do not create a hazard to the
bealt?: arid safety of persons in occupied units.
Section 2: License Procedures
5A.402(1) Within !80 days after the passage of Chapter SA, the
owner of any rental unit within the City shall apply to the
Building Official for a rental housing license in the manner
hereafter prescribed.
(a) Application shall be made on forms provided by the City
and accompanied by the initial fee in an amount set by
resolution of the City Council. The owner of an apartment
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.
(b) Applicants shall provide the following information on
license applications:
(i) Name and address of owner of the rental dwelling and the
name and address of the operator or agent actively managing
said rental dwe] ing.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 30
(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
dwelling.
rental
(iv) The number and kind of units within the rental dwelling,
the floor area for each such unit and the total floor area of
the building.
(v) The number of toilet and bath facilities shared by the
occupants of two or more dwelling units.
(vi) 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
wishes a certified letter to be sent for purposes of
§5A.303(i)(d).
(ix) Such other information as the administrative service
shall require.
(c) Failure to complete, in full, the required license
application shall be grounds for denial of the license.
Section 3: Application and Inspection
5A.403(1) Upon receipt of a properly executed application for
a rental housing license, the City Manager shall cause an
inspection to be made of the premises to insure that the
structure is in compliance with the requirements of the Code.
Section 4: Issuance of Rental Housing License
5A.404(1) 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.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 31
5A.404(2) The City may by Council resolution establish a
reinspection fee. If a dwelling unit is not currently
licensed, no license may be issued until all outstanding
reinspection fees shall have been paid. If a dwelling unit is
licensed, the license for such dwelling unit shall ex~ire
twenty (20) days after the licensee or his agent is notified
of the outstanding reinspection fees, unless payment is made
before the expiration of the twenty (20) day period.
Section 5: License Display
5A.405(1) A license issued under this Chapter shall be
conspicuously displayed on the rental premises wherever
feasible. The licensee shall promptly produce the license
upon demand of a prospective tenant or the Building Official
or hfs/her authorized representative.
Section 6: License Transfer
5A.406(1) The license is transferable upon application to the
Building Official and payment of the license transfer fee by
the prospective owner if the licensed premises is in
compliance with the Code. The license shall terminate if
renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amour~t
of the transfer fee shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(]) Renewal of the license as required annually by t?~is
Code may be made by filling out the required renewal rearm
furnished by the Building Official to the owner, operator or
agent of a rental dwelling and by mailing the form together
with the required registration fee to the building official.
Such renewal or registration may be made only when no change
in the ownership, operation, agency or type of occupancy as
originally licensed has been made and where there has been an
inspection within the last two years.
Section 8: Suspension or Revocation
5A.408(1) 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 t~e
license fee. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining
an initial license.
REGUi,AR COUNCIl, MEETING
DECEMBER ]3, 1993
PAGE 32
5A.408(2) The Council may, for cause, revoke or suspend a
license, or take other action restricting the privileges of a
license subject to the following requirements:
(a) The City, through its enforcement officer, shall provide
the licensee with a written statement of reasons or causes for
the proposed Council action together with a notice for public
hearing.
(b) The council shall conduct a public hearing on the proposed
action and provide findings of fact and citations to an~
ordinances or regulations that have been violated, tp~ether
with a statement of action taken and the conditions of
resultinq revocation suspension, or other action restricting
the privileges of the licensee.
(_q.) ih_. enforcement officer shall forward the findinq~_~nd
statement, of action taken to the person in whose name said
license was issued by mailinq the same to the mailin~g_~.d_r_e~_~
indicated on the license application.
5~=~0~(~)_ ~ violation of any provision of this
~__la.w,._prescribinq standards of conduct or r~l~iq~!~
g_gD~e~_~i_ a.!__ac~t!yj3.y or trade or occupation that is licensed;
qL..~._~remises where the licensed activity is conductedt
shall be a prima facie showinq of cause for revocation,
~q.spension, or other action restricting t~.9_ privJleqD~__of._~
licensee as the Council may determine.
5A.408(4) Nondisclosure, misrepresentation or misstatement ~
a material fact in any apDlication for a license under this
~b~pter shall be a prima facie showing of cause for
~gv_o_c_ation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
Section 9: License Fees
5A.409(1) License fees, inspection fees, and reinspection fees
shall be established by Council resolution.
Section 10: Conduct on Licensed Premises
5A.410(1) It shall be the responsibility of the licensee to
take appropriate action following conduct by persons occupying
the premises which is determined to be disorderly, in
violation of any of the fo]lowing statutes or ordinances:
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 33
(a) Minn. Stat. 9§ 609.75 through 609.76, which prohibit
gambling;
(b) Minn. Stat. 99 609.321 through 609.324 which prohibit
prostitution and acts relating thereto;
(c) Minn. Stat. 99 152.01 through 152.025, and 9152.027,
subds. 1 and 2, which prohibit the unlawful sale or possession
of controlled substances;
(d)Minn. Stat. 9 340A.401, which prohibits the unlawful sale of
alcoholic beverages;
(e)Minn. Stat. 9 609.33, which prohibits owning, leasing,
operating, managing, maintaining, or conducting a disorderly
house or inviting or attempting to invite others to visit or
remain in a disorderly house~
(f) Section
assemblies;
30.312 of
this code, which prohibits noisy
(g) Minn. Stat. 9§ 97B.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716, and section 10.307 of this code,
which prohibit the unlawful possession, transportation, sale
or use of a weapon; or
(h) Minn.$tat. 9 609.72, which prohibits disorderly conduct.
5A.410(2) The Police Chief (Department) shall be responsible
for enforcement and administration of this'section.
5A.410(3) Upon determination by the Police Chief (Department)
that a licensed premises was used in a disorderly manner, as
described in section (1), the Police Chief (Department) shall
notify the licensee by mail of the violation and direct the
licensee to tak~ steps to prevent further violations.
5A.410(4) If another instance of disorderly use of the
licensed premises occurs within twelve (12) months of an
incident for which a notice in subsection (3) was given, the
Police Chief (Department) shall notify the licensee by mail of
the violation and shall also require the licensee to submit a
written report of the actions taken, and proposed to be taken,
by the licensee to prevent further disorderly use of the
premises. This written report shall be submitted to the
Police Chief (Department) within five (5)days of receipt of
the notice of disorderly use of the premises and shall detail
all actions taken by the licensee in response to all notices
of disorderly use of the premises within the preceding twelve
REGULAP COUNCIL MEETING
DECEMBER 13, 1993
PAGE 34
(]2) months. If the licensee fails to comply with the
requirements of this subsection, the rental dwelling license
for the premises may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a
license under this section shall be initiated by the City
Council at the request of the Police Chief (Department) in the
manner described in section 5A.408(1), and shall proceed
according to the procedures established in sections 5.102 and
5.104.
5A.4i0(5) If another instance of disorderly use of the
licensed premises occurs within twelve (12) months after any
two (2) previous instances of disorderly use for which notices
were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked,
suspended, or not renewed. An action to deny, revoke,
suspend, or not renew a license under this section sha]! be
initiated by the City Council at the request of the Police
Chief (Department) in the manner described in section
5A.408(1), and shall proceed according to the procedures
established and sections 5.]02 and 5.]04.
5.4]0(6) No adverse license action shall be imposed where the
instance of disorderly use of a licensed premises occurred
during the pendency of eviction proceedings (unlawful
detainer) or within thirty (30) days of notice given by the
licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by
other occupants or guests of the tenant's unit. Eviction
proceedings shall not be a bar to adverse license action,
however, unless they are diligently pursued by the licensee.
Further, an action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed
or discontinued at any time if it appears that the licensee
has taken appropriate measures which will prevent further
instances of disorderly use.
5A.410(7) A determination that the licensed premises has been
used in a disorderly manner as described in subsection (1)
shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal
charges be brought to support a determination of disorderly
use, nor shall the fact of dismissal or acquittal of criminal
charges operate as a bar to adverse license action under this
section.
Article V Remedies
Section 1: Hazardous Building Declaration
REGULAR COUNCIL MEETING
DECEMBER ]3, 1993
PAGE 35
5A.501(1) In the event that a dwelling has been declared unfit
for human habitation and the owner has not remedied the
effects within a prescribed reasonable time, the dwelling may
be declared a hazardous building and treated in accordance
with the provisions of Minnesota Statutes.
Section 2: Secure Unfit and Vacated Dwellings
5A.502(1) The owner of any dwelling or dwelling unit which has
been declared unfit for human habitation or which is otherwise
vacant for a period of 60 days or more shall make the same
safe and secure so that it is not hazardous to the health,
safety and welfare of the public and does not constitute a
public nuisance. Any vacant dwelling open at the doors,
windows or other wall openings, if ~unguarded, sha!l be deemed
to be a hazard to the hea]th, safety and welfare of the public
and sh~]l constitute a public nuisance within the meaning of
this Code.
Section 3: Failure to Comply
5A.503(1) Upon failure to comply with a Compliance Order
within t]~e time set therein, and no appeal having been taken,
or upon failure to comply with a modified Compliance Order
within the time set therein, the criminal penalty established
hereunder notwithstanding, the City Council, after due notice
to the owner, may by resolution declare the condition to
constitute a public nuisance and cause the cited deficiency to
be remedied as set forth in the Compliance Order. The cost of
such remedy s?~ali 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 abaiement
of nuisances and specifically for the removal or elimination
of public health or safety hazards from private property. Any
assessment levied thereunder shall be payable in a single
installment. The intent of this section is to authorize the
City to utilize all of the provisions of this Code and of
Minnesota law to protect the public's health, safety and
general welfare.
Section 4: Remedies Cumulative
5A.504(1) Any remedies pursued under this §5.501 to 5A.503,
inclusive, are in addition to the remedies or penalties
prescribed under §5A.60l to 5A.6!i, inclusive.
Article VI Penalties
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 36
5A.60] No person, firm, corporation, or licensee shall own and
maintain or operate or rent to any other person for occupancy
any rental dwelling, rental dwe]ling unit, or premises in
which a rental dwelling unit is located in violation of
Chapter 5A, Article II (§5A.20], et. seq.), maintenance
standard.
5A.602 No person, firm or corporation shall operate a rental
dwelling or dwelling unit without a license issued pursuant to
this Chapter or accept rental payments from a tenant of any
unlicensed dwelling or dwelling unit which payment is for
occupancy for a period during which the dwelling or dwelling
unit is not license pursuant to this Chapter.
5A.603 No person, firm, corporation or licensee shall refuse
or fail to allow the Building Official to enter a dwelling or
dwelling unit for purposes of inspection when a'~It?:ori~e,~. by
this Chapter.
5A.604 No person, firm, corporation cr licensee shall fail cr
refuse to obey a Compliance Order validly issued under this
Cede.
5A.605 Nc person, firm o~ corporation shall give or submit
false information on a license application or any renewal
thereof.
5A.606 No person who is an occupant of a rental dwelling ¢,r
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.20i, et.
seq.), normal wear and tear excepted.
5A.607 No person shall occupy an unlicensed dwellin~ or
dwelling unit if such dwelling unit is required to be licensed
under this Chapter.
5A.608 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.
5A.609 No person may occupy a dwelling or property posted
pursuant to §5A.304.
5A.610 No person, firm or corporation, including an owner,
licensee or occupant, shall remove or tamper with a placard
used for postin~ property pursuant to this Chapter.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 37
o
5A.611 Any person, firm or corporation who violates or refused
to comply with any of the provisions of this Chapter is guilty
of a misdemeanor, unless herein specifically noted. Upon
conviction of said misdemeanor they 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 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
Motion by Ruettimann, second by Peterson to schedule the
second reading of Ordinance No. 1281 for December 27, 1993.
Roll call: All ayes
COMMUNICATIONS
a. Planninq and Zoning Commission
1. Variance/Conditional Use Permit - Central Avenue Radiator,
420] Central Avenue
Motion by Peterson, second by Ruettimann to approve the
fifteen foot rearyard setback variance for 4201 Central
Avenue. Roll call: All ayes
b. Traffic Commission
The minutes of the December 6, 1993 Traffic Commission meeting
were included in the agenda packet for information only. No
Council action was required.
c. Recoqnition of Sheffield Neighborhood Organization
The SHINE (Sheffield Interneiohbor Network Endeavor) group is
requesting Council recognition and support of their group,
opportunity to review and comment on the redevelopment plans
for their area and $500 to purchase stationary, newsletter
supplies and signage.
Keith Roberts, Chairperson of SHINE, read the group's Mission
Statement and gave a status report of the group's activites.
He noted that there are on-going efforts to expand the group's
membership, He also noted that the assistance of the City's
Volunteer Coordinator has been extremely helpful and she has
aided them as a facilitator at all of its meetings.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 38
Councilmember Nawrocki stated his opposition to making a
funding commitment to the group. However, he noted he has no
problem with the signage request and suggested this could be
done in-house by the City.
Councilmember Ruettimann felt the funds would be a good
investment in a start up program. He hopes these types of
groups continue throughout the City, perhaps on a quadrant
basis which then could form an advisory group to the Council
and assist in reviewing the Comp Plan.
Councilmember Ruettimann also felt this would be an ideal
situation to apply for grants. There are no similar
organizations in other cities which are focusing on rehabing
hcusing stock.
Motion by Ruettimann, second by Peterson to direct the City
Manager and City staff to provide an opportunity for the SHINE
Organization to review and comment on redevelopment plans
contemplated for the Sheffield Neighborhood; and authorize up
to $500 for the purchase of letterhead, newsletter copying and
neighborhood signage installed on the public right-of-way from
the Mayor-Council Contingency Account 10]-41110-8100.
call: All ayes
d. Appointment to Human Services Commission
Motion by Murzyn, second by Ruettimann to appoint Nan Tilkins
to the Human Services Commission to fill the unexpired term of
Danny Garcia which expires in April of 1996.
Councilmember Nawrocki felt this appointment should be
considered by the in-coming Councilmembers. He recalled it. had
been slated for discussion at a Council work session and was
not. He also noted there are many applications for appointment
consideration to this Commission that were submitted before
this one.
Mayor Murzyn stated he is not overlooking any applications and
feels that timing does not make a person a better candidate.
He supports Ms. Tilkins because of her demonstrated interest
in serving.
Motion by Nawrocki, second by C]erkin to table for further
considerations. Roll call: Nawrocki, Clerkin, Peterson - aye
Ruettimann, Mur~yn - nay Motion passes.
Ms. Tilkins read a statement in which she suggested the
appointment process for boards and commissions is flawed. S}:e
feels there appears to be no criteria nor consistency for
~EGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 39
appointing and advised that this particular core,mission could
not conduct business because of a lack of a quorum at its last
two meetings.
Councilmember Peterson suggested that there may be more
problems with this Commission than just one vacancy in that
there was not a quorum for two months.
Councilmember-Elect Jolly stated his support for Ms. Tilkins'
appointment and felt it was unfortunate that her appointment
had become a victim of the process. He agrees that there
should be some review and discussion regarding the
appointments for boards and commissions.
Councilmember Nawrocki recalled how the Council used to
interview all applicants and felt this practice should
continue. He further indicated that there were several other
qualified appliants for the Commission and, in fairness to
them, they should be considered before any appointment is
made.
Councilmember Nawrocki also noted that the City Council had
received no notice of a vacancy existing on the Commission.
OLD BUSINESS
a. Classification and Sale Approval of Certain Tax-Forfeit
Land
There are two properties being considered. They are 4150
Central Avenue and 1218 43rd Avenue. The HRA recommends
acquiring the properties only if there is no cost.
Councilmember Nawrocki advised that the HRA commissioners were
not asked it these parcels could be put to some public
purpose. He felt this question should have been asked.
Motion by Ruett~mann, second by Clerkin to table this matter.
Roll call: All ayes
NEW BUSINESS
a. Establish Public Mearinq on Sheffield Neiqhborhood
Revitalization Plan
Staff is recommending this public hearing not be scheduled
during a regular council meeting. Some members of the Council
agreed.
REGULAR COUNCIL MEETING
DECEMBE~ ]3, 1993
PAGE 40
Motion by Nawrocki, second by Ruettimann to establish a public
hearing on the Sheffield Neighborhood Revitalization Plan for
Monday, January 31, 1994, 7:00 p.m. in Murzyn Hall (if
available) or in the Council Chambers in City Hall. Roll call:
All ayes
The City Manager was requested to meet with Mr. Solem of the
MHFA again to discuss the Revitalization Plan.
Counci]member Ruettimann stated he cannot support any part of
the "Affordable" Plan and does not want to be locked into it.
Councilmember Nawrocki is also concerned about the contractor.
b. Award of Bid - Elevator and Toilet Room Modifications for
the Library
Motion by Peterson, second by Clerkin to award the contract
for installation of an elevator and toilet room modifications
at the Columbia Heights Public Library to Stonebrook
Construction~ based on low, responsive bid received of
$66,105, and to authorize the Mayor and City Manager to enter
into a contract for same. Roll call: All ayes
c. Cabtecastinq of Budget Hearinqs
Councilmember Nawrocki felt future budget hearings should be
cablecast because of their importance. Councilmember
Ruettimann suggested that all Council, HRA, board and
commission meetings be cablecast as well. Councilmember
Nawrocki noted that the HRA meetings are held 'at Parkview
Villa to accommodate the senior citizens in that fac~Iity but
consideration could be given to using volunteers to do the
videotaping with the use of portable equipment.
The City Manager noted that costs to do this may be quite high
and the staffinH could pose a problem. He will prepare a
report which addresses schedu]inH, staffing, equipment and the
potential for a change of location.
Councilmember Ruettimann felt there may enough technical skill
among members of the Cable Commission that this could be done.
He also felt this would be an opportunity to test the
Volunteer Coordinator and high school volunteers.
Motion by Nawrocki, second by Ruettimann to cablecast the
budget hearings in the future. Roll call: Ail ayes
REGULAR COUNCIL MEETING
DECEMBER ]3, 1993
PAGE 41
]0. REPORTS
a. Report of the City Manaqer
The City Manager's report was submitted in written form and
the following items were discussed:
M.W.C.C. Flow Estimate: Councilmember Nawrocki expressed
serious concerns regarding the flow estimate established by
the M.W.C.C. for 1994. The Public Works Director advised that
the figures he saw were showing a definite downtrend. The
increase stated by the M.W.C.C. is to be reviewed again.
Council Work Sessions: Councilmember Nawrocki felt a priority
issue for the December 20th Council work session is the City
Manager's performance review. 'He also mentioned the
fire/policy pension review.
Referendum and Recall Petition Charter Amendment: The City
Attorney had advised that the current charter language and the
proposed changes in the referendum and recall amendment may be
inconsistent with state law. Councilmember Nawrocki inquired
how this could be the case as the City Attorney had drafted
the proposed amendment. Also, information had been received
from the LMC legal counsel regarding this matter. The City
Manager will get further information.
]995 Murzyn Hall Rental Rates: Councilmember Nawrocki felt the
rate structure for rental of Murzyn Hall should be
specifically acted upon by the City Council. Councilmember
Ruettimann advised the rates had been sent to the Council for
its review.
LaBe]]e Pond Restoration/East Bank Erosion: Counci]member
Nawrocki inquired if this item is on the December 20th Council
work session agenda. He was advised that it was.
County Improvements to Main Street: Councilmember Nawrocki
inquired how this project is going to impact the street. The
Public Works Director will be getting additional information.
b. Report of the City Attorney
The City Attorney had nothing to report on at this time but
did advise the Council there is to be an Executive Session.
REGULAR COUNCIL MEETING
DECEMBER 13, 1993
PAGE 42
11. LICENSE APPROVAL
Motion by Nawrocki, second by Ruettimann to approve the
license applications as listed upon payment of proper fees
with the exception of the rental property application for 3932
Central Avenue which needs further information and to concur
with the Police Department's recommended denial of the taxicab
driver license for William James Roth. Roll call: Ail ayes
The City Attorney had requested an Executive Session.
Motion by Ruettimann, second by Peterson to close the open
meeting and retire to an executive session pursuant to
Minnesota Statute 471.705 for the sole purpose of discussing
pending litigation including Zaidan v. City of Columbia
Heights, City of Columbia Heights v. Hilltop, and Jacobs v.
City of Columbia Heiqhts, and for a written record to be kept
by Jo-Anne Student and that there shall be no other business
discussed therein. Roll call: All ayes
The open meeting of December 13, 1993 was closed at 10:35 p.m.
Mayor Murzyn read the following statement: The record should
reflect that the time is now l]:ll p.m., that the Council has
reassembled in an open public forum pursuant to Minnesota Open
Meeting Law and that the Council has been in a closed
executive session pursuant to the Open Meeting Law, that the
executive session was for the sole purpose of discussin
pending litigation and discuss therein the cases of Zaidan vo
City of Columbia Heights, City of Columbia Heiqhts v. Hiiltop~
and Jacobs v. City of Columbia Heiqhts.
A written record of the discussion was kept by Jo-Anne Student
and there was no other business discussed therein.
ADJOURNMENT
Motion by Ruettimann, second by Peterson to adjourn the
meeting at 11:12 p.m. Roll call: All ayes
MayorrDonald J. ~uF'zyn,~/J'r.
-Anne Student, Council Secretary