HomeMy WebLinkAboutFebruary 28, 1994OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
The Council Meeting was called to order at 7:00 p.m. by Mayor
Sturdevant.
1. ROLL CALL
Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were addressed on the Consent Agenda:
Minutes for APProval
The Council approved the minutes of the Regular Council
Meeting of February 14, 1994 as presented.
Authorization to Attend Conference
The Council authorized the attendance of Officer Terry
Nightingale and CSO Joe Sturdevant at the Minnesota Law
Enforcement Explorer Conference on April 21 - 24, 1994,
authorized payment of two officer registrations of $120.00
each and authorized payment of'$500.00 to help defer the costs
of eight Explorers attending the conference with the money
coming from the Police Department budget.
Authorization to Seek Bids for Fire Alarm Improvements in City
Buildings to Comply with ADA
The Council authorized staff to seek bids for fire alarm
improvements to city buildings to comply with the requirements
of the Americans With Disabilities Act.
Authorization for Training
The Council authorized police officer Bryon Fuerst to attend
Use of Force/Firearms Instructor Course to be held in the
metroplitan area from July 25 to August 5, 1994, sponsored by
the Bureau of Criminal Apprehension Training and Development
Section, and the tuition of $400 will come from the Police
Department training budget, 101-42100-3105.
License Applications
The Council approved the license applications as listed upon
payment of proper fees.
Payment of Bills
The Council approved the payment of bills as listed out of
proper funds.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 2
4. APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Jolly to approve the Consent
Agenda as presented. Roll call: All ayes
5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Mayor Sturdevant presented a plaque to Arnie Knutson in
recognition of his 29 years of service as a City employee.
6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. Continued Public Hearing for Basic Cable Rates Resolution
No. 94-10
Tom Creighton, the City's cable counsel, reviewed the
conclusions, findings of fact and orders for action included
in the resolution. He noted the five results if the resolution
were to be passed. The Cable Commission recommends passage of
the resolution.
Motion by Nawrocki, second by Ruettimann to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 94-10
RESOLUTION REGARDING REGULATION OF RATES CHARGED FOR BASIC
CABLE SERVICE AND RELATED EQUIPMENT
WHEREAS, the City of Columbia Heights ("City") is a certified
rate regulatory authority for Columbia Heights, Minnesota, and
by delegation, the City of Hilltop, Minnesota.
NOW, THEREFORE, at a regular public meeting of the City dated
February 28, 1994, the following is resolved:
FINDINGS
1. The Cities of Columbia Heights and Hilltop are Grantors of
Cable Communications Franchise Ordinances ("Ordinances")
originally executed by and between Teleprompter of Columbia
Heights and each of the Cities. The Ordinances were renewed on
or about June 25, 1990.
2. On or about September 1, 1992, Meredith/New Heritage
Strategic Partners, L.P., an Iowa limited partnership
(hereinafter "Grantee"), became Grantee of the Ordinance.
3. In accordance with applicable provisions of the Cable
Consumer Protection and Competition Act of 1992
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 3
(hereinafter the "Cable A~t") and rules adopted by the Federal
Communications Commission (FCC"), the City has undertaken all
appropriate procedural steps to regulate the basic cable
service tier and related equipment.
4. In accordance with applicable FCC regulations, on or about
September I0, 1993, the City filed FCC Form 328 -
Certification of Franchising Authority to Regulate Basic Cable
Service Rates and Initial Finding of Lack of Effective
Competition - with the FCC.
5. In accordance with applicable FCC regulations, on or about
September 30, 1993, the City passed and adopted a Rate
Regulation Resolution regarding Policies and Procedures for
Rate Regulation.
6. On or about October 13, 1993, the City notified Grantee in
writing that Grantee was subject to the rate regulatory
authority of the City and requested Grantee's FCC Form 393 and
associated documentation.
7. On or about November 15, 1993, the City received Grantee's
FCC Form 393 which is attached and made a part of this
Resolution as Exhibit A.
8. The City's special legal counsel for telecommunication
issues, Bernick and Lifson, P.A., was asked to provide
assistance to the City for review of Grantee's FCC Form 393.
9. Bernick & Lifson, P.A. retained the services of an
accounting firm of Muellerleile & Harrington, Ltd. to assist
in the analysis of rate information.
10. Pursuant to FCC regulations, on or about December 20,
1993, the City sent a letter notifying Grantee that the time
period for the City's review of FCC Form 393 would be extended
for an additional ninety (90) day period.
11. Muellerleile & Narrington, Ltd. issued a preliminary
report dated December 1, 1993, identifying certain issues
requiring Grantee's response before a final report could be
prepared, which report is attached and made a part of this
Resolution as EXhibit B.
12. On or about December 16, 1993, Grantee responded to
Muellerleile & Harrington, Ltd. and the City, which response
is attached and made a part of this resolution as Exhibit C.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 4
13. On or about January 19, 1994, a final report was prepared
for the City by Muellerleile & Harrington, Ltd. which report
is attached hereto and made a part of this Resolution as
Exhibit D.
14. The City conducted a meeting open to the public on
February 28, 1994, to ensure that all interested parties had
ample opportunity to present information to the City.
15. Based upon the information received from Grantee,
information received at the public meetings of the City, and
all reports and advice from Muellerleile & Harrington, Ltd.
and Bernick and Lifson, P.A., the City makes the below
additional Findings:
Grantee has not made changes to account for an FCC
misprint of inflation factor on Form 393.
Grantee's allocation percentage for Vehicle R&M and
Vehicle Oil & Gas is inconsistent with Vehicle percentage
determined on Schedule A of Form 393 and Vehicle lease
expense.
Grantee has created information on line 109B, 109C, 209B,
and 209C on Form 393 and included information on these
lines, which is inconsistent with Federal law, FCC rules
and approved Form 393.
Grantee has used quarterly averages of equipment revenue
for Worksheet 2 rather than annual averages as required
by the instructions to Form 393.
With total system subscribers in excess of 100,000
subscribers, Grantee incorrectly used the Benchmark Rate
table for 1,500 subscribers when it should have used the
Benchmark Rate table for 10,000 subscribers·
Grantee did not include a factor for Maintenance Facility
Cost.
Grantee did not include discount activity as a 'tier
change" task for determination of installation cost
allocation to equipment costs.
Grantee should have used all allocations of
installation/service vehicle costs based on unit count of
vehicles in place of "estimated replacement cost"
information.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 5
Grantee used a tool allocation percentage significantly
different than manpower on vehicle allocation
percentages.
Grantee has since September 1, 1993 calculated and billed
franchise fee costs inconsistent with the City's
understanding of the FCC's rate freeze and other
requirements, said practices are the subject of a written
request for a ruling to the FCC issued by the Quad Cities
Cable Communications Commission, Anoka, Minnesota (said
request for a ruling attached hereto as Exhibit E and
made a part hereof). NOTE: This finding is contingent
upon the final ruling of the FCC on this issue and any
appeals thereof·
Grantee has, since September 1, 1993, been treating as
external costs, expenses associated with franchise
imposed obligations which existed prior to September 1,
1993, including, but not limited to, costs associated
with provision of required.public, educational and
governmental access channels, scholarship grants and
local origination costs.
Grantee has, since September 1, 1993, been passing
through to each subscriber an amount of $1.88 per month
as a "PEG" fee to recoup expenses associated with
franchise obligations which existed prior to September 1,
1993, said pass through charges are subject to a written
opinion issued by Berntck and Lifson, P.A., as the City's
legal counsel, and said opinion, attached hereto as
Exhibit F and made a part hereof, is hereby adopted by
the City.
16. The FCC has announced that it intends to make certain
modifications in their rate rules and regulations which may
affect the review of rates currently being conducted by the
City.
17. The City may act upon the pending rate request consistent
with current FCC rate rules and regulations.
18. The City desires and intends to take advantage of any
further reductions in the FCC benchmark calculations·
CONCLUSIONS
The City concludes that:
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 6
1. Grantee's request for cable rate approval for the maximum
permitted rate for basic service tier (exclusive of any
franchise fee) of $8.50 is denied.
2. Grantee's request for cable rate approval for the maximum
permitted charge for hourly service (exclusive of any
franchise fee) of $16.49 is denied.
3. The maximum permitted rate for the basic service tier
(exclusive of any franchise fee) shall be $8.40.
4. The maximum permitted charges for hourly service fee shall
be $15.25.
5. Grantee shall only be allowed to include as external costs
increases in franchise imposed obligations, including public,
educational and governmental costs, which occur after October
13, 1993, the date on which Grantee's system became subject to
rate regu]ation.
6. Grantee has violated FCC rules and regulations and federal
statutes by Grantee's practice since September 1, 1993, of
passing through to and collecting from each subscriber an
amount of $1.88 per month as a "PEG Fee" for the purpose of
recouping expenses for franchise obligations which existed
prior to September 1, 1993.
7. Grantee and City will be bound by any ruling issued by the
FCC regarding the billing of franchise fees by Grantee.
8. The City has an obligation to timely act upon the pending
rate application consistent with now current FCC rules and
regulations. However, if the FCC alters the benchmark
calculations resulting in a lower reasonable rate for Columbia
Heights/Hilltop subscribers, the City has an obligation to
area subscribers to reconsider the pending analysis consistent
with such changes the FCC may make in its regulations.
9. The City hereby adopts and makes a part of this Resolution
all attachments reference above.
ORDERS OF ACTION
Based on the foregoing Findings and Conclusions, the City
hereby enters the followin~ orders:
1. Pursuant to current FCC regulations, from the date of the
order and until further order of the City, Grantee shall be
permitted to charge an initial rate for the basic service tier
of $8.40.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 7
2. Pursuant to current FCC regulations, from the date of the
order and until further order of the City, Grantee shall be
permitted to charge $15.25 as its hourly service charge.
3. Pursuant to current FCC regulations, from the date of the
order and until further order of the City, Grantee shall cease
charging any and all PEG access fees of any amount except that
which reflects increases in franchise imposed obligations in
excess of GNP-PI, which occur after October 13, 1995, the date
on which Grantee's system became subject to rate regulation.
4. Grantee shall immediately undertake all necessary steps, in
accordance with applicable FCC regulations, to refund to all
subscribers $0.10 per month, and any franchise fee assessed
thereon, plus interest, computed at the applicable published
rates for tax refunds and additional tax payments, which has
been overcharged since September 1, 1993 as a result of the
difference between Grantee's requested basic service rate of
$8.50 and the approved basic service rate of $8.40.
5. Grantee shall immediately undertake all necessary steps, in
accordance with applicable FCC regulations, to refund to all
subscribers who have been overcharged for hourly service,
$1.24 per hour for each hour of hourly service charged each
subscriber since September 1, 1993, and any franchise fee
assessed thereon, plus interest, computed at the applicable
published rates for tax refunds and additional tax payments.
The refund is based upon the difference between the $16.49
hourly service charge (actual rate since September 1, 1993)
and $15.25 (the permitted and approved hourly service charge).
6. Grantee shall immediately undertake all necessary steps, in
accordance with applicable FCC regulations, to refund to all
subscribers the PEG Fee in the amount of $1.88, and any
franchise fee assessed thereon, plus interest, computed at the
applicable published rates for tax refunds and additional tax
payments, which has been overcharged since September 1, 1993,
as a result of the treatment as external costs, expenses
associated with franchise imposed obligations which existed
prior to September 1, 1993, including, but not limited to,
costs associated with provision of required public,
educations, and governmental access channels, scholarship
grants, and local origination costs.
7. Grantee shall provide the City evidence that Orders 1, 2,
3, 4, 5 and 6 have been complied with and that all refunds
have been properly made in accordance with the Cable Act and
applicable FCC regulations.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 8
8. Grantee shall comply with any future ruling of the FCC
regarding the billing of franchise fees.
-9. The City reserves the right to reconsider this resolution
within sixty (60) days of its adoption for the sole purpose of
further reducing rates, should the future modifications to FCC
rules and regulations so provide and permit.
10. This resolution shall not be reconsidered should any
further analysis pursuant to future FCC rules and regulations
result in higher rates to subscribers, unless such future FCC
rules and regulations mandate that this City order such an
upward adjustment.
Passed this 28th day of February, 1994.
Offered by:
Seconded by:
Roll call:
Nawrocki
Ruettimann
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Resolution No. 94-11 and Public Hearing for Sheffield
Revitalization Plan
The City Manager reviewed the changes made to this plan as
well as the proposed timetables. He reviewed two alternatives
which appeared on page 8 of the Development Plan. These
alternatives are acquisition and clearance for townhome
development and rehabilitation of duplex structures into
single family homes.
Councilmember Nawrocki inquired what the impact would be on
other MPA programs if tax increment reserves were used for
this plan. The City Manager responded how the excess reserves
could be used.
Councilmember Nawrocki stated he would not support any use of
tax increment reserves.
Motion by Nawrocki, second by Jolly to waive the reading of
the resolution there being ample copies available for the
public and that the following provisions be included in the
Sheffield Redevelopmental and Housing Development Plan:
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 9
the two alternatives which are townhomes and rehabilitation of
duplex structures into single family homes which appear on
page 8 of the Plan and the amendment of the last paragraph on
page 8 as recommended by the City Manager. Roll call= All ayes
RESOLUTION NO. 94-11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA, DESIGNATING THE SHEFFIELD NEIGHBORHOOD AS
A REDEVELOPMENT AND HOUSING DEVELOPMENT PROJECT (THE
"PROJECT") AND APPROVING A REDEVELOPMENT PLAN AND A HOUSING
DEVELOPMENT AND REDEVELOPMENT PROGRAM FOR THE PROJECT
WHEREAS, the City of Columbia Heights through its City Council
(the "City") and Housing and Redevelopment Authority in and
for the City of Columbia Heights (the "HRA") has conducted
studies, prepared an inventory of housing and housing
conditions, and planned for the establishment of a housing
development and redevelopment project as those terms are
defined as Minnesota Statutes, Sections 469.002, subd. 15, and
469.017 referred to as the ,Sheffield Neighborhood
Revitalization Plan" (the 'Redevelopment Project'); and
WHEREAS, at the request of the City, the HRA has prepared a
Redevelopment Plan as that term is defined as Minnesota
Statutes, Section 469.002, subd. 16 and 469.027 for review,
consideration and approval by the City and its Planning and
Zoning Commission; and
WHEREAS, the Redevelopment Project will be restricted to the
Sheffield Neighborhood which is defined as the area in the
following boundaries and as reflected on the maps of the
Sheffield Neighborhood (the "Project Area") attached hereto
and incorporated herewith as Exhibit #A~
South Boundary -
45th Avenue between Easterly edge of
Keyes Park and Central Avenue
East Boundary -
Johnson Street (rear of easterly
properties) and Easterly edge of Keyes
Park
West Boundary -
North Boundary -
Central Avenue between 45th and~ 47th
Avenues
47th Avenue between Johnson Streetl(rear
of easterly properties) and Central
Avenue; and
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE l0
WHEREAS, the Redevelopment Plan for the Project Area provides
various project alternatives involving the acquisition of non-
owner occupied duplexes which exhibit blighting influences,
deterioration and dilapidation and the clearance or the
rehabilitation of the duplex units into owner occupied homes
and other housing rehabilitation improvements in the Project
Area; and
WHEREAS: the Planning Commission for the City at its meeting
held on February 1, 1994, found that the Redevelopment Plan
and Housing Development and Redevelopment Program conformed
with the Comprehensive Plan for the City and approved the
Redevelopment Plan dated January 31, 1994; and
WHEREAS, the HRA did consider and approve the designation of
the Sheffield Neighborhood as a Redevelopment and Housing
Project and did approve the Redevelopment Plan and Housing at
its meeting held on February 7, 1994; and
WHEREAS, to officially establish a Redevelopment Project and
Housing Development and Redevelopment Program, the HRA, in
accordance with Minnesota Statutes, Sections 469.028, is
required to obtain City Council approval of the Redevelopment
Plan and the Program; and
WHEREAS, the HRA has transmitted the Redevelopment Plan to the
City Council; and
WHEREAS, the City Council has held a public hearing in
accordance with Minnesota Statutes, Sections 469.027 and
469.028 at which the Redevelopment Plan and Housing
Development and Redevelopment Program was considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Columbia Heights, Minnesota that:
1. The City Council hereby designates the Sheffield
Neighborhood, as defined above and on the maps attached as
Exhibit "A", as a Housing Development and Redevelopment
Project.
2. The City Council hereby approves the Redevelopment Plan as
prepared by the HRA and City.
3. The City Council hereby approves the Sheffield Neighborhood
Revitalization Program (the "Housing Development and
Redevelopment Program").
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 11
4. The HRA in conjunction with the City is hereby authorized
to carry out the Redevelopment Plan and the Housing
Development and Redevelopment Program and the MRA is
authorized to assist in administration of the Program.
Approved this 28th day of February, 1994.
Offered by:
Seconded by:
Roll call:
Nawrocki
Jolly
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Councilmember Nawrocki suggested the City Manager meet with
representatives of the Northeaster and Focus newspapers to
review the elements of this project. He wanted the
alternatives, costs and timetable included in the discussion.
Public Hearing - Condemnation at 4501 Madison Street
The City Manager advised that the owner of this property had
requested the public hearing be continued and that the
adoption of the Findings of Fact be delayed. She intends to
have an expert witness present at the March 14th Council
Meeting.
The owner of the property north of this parcel stated his
concerns with the structure. He noted that some broken windows
have not been boarded up and animals still have access to the
interior of the house. He also noted this is an attractive
nuisance for children and trash regularly appears in the yard.
He views the whole situation as hazardous.
The lot size is 46.5 x 116.5 and is buildable according to the
Building Inspector.
Motion by Nawrocki, second by Peterson to continue the public
hearing for the condemnation of the house at 4501 Madison
Street until March 14, 1994. Roll call: All ayes
The City Attorney advised that the Findings of Fact for this
issue need not be included in the official record.
d. Second Readinq of Ordinance No. 1282 Amending Ordinance
No. 1160 Authorizing Persons Other than Peace Officers to
Issue Tags for Certain Violations of Law
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 12
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. 1282
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1160, CITY CODE OF
1977, AS AMENDED, AND PERTAINING TO THE POWERS OF THE COLUMBIA
MEIGMTS COMMUNITY SERVICE OFFICERS
The City of Columbia Heights does ordain:
Section 1: Chapter 3, Article II, Section 3 (7), of
Ordinance No. 853, City Code of 1977, as amended which
currently reads as follows, to wit:
3.203(7) Persons hired as community service officers in the
Police Department are authorized to issue a citation in lieu
of arrest or continued detention to persons violating the
following sentence of this Code, to wit:
(a) 7.202(2) overtime parking in public parking areas
(b) 7.202(3) loading zones
(c) 7.202(4) bus stops and taxi stands
(d) 7.202(5) metered parking areas
(e) 7.202(6) boulevard parking
(f) 7.202(6)(c)(iii) violation of a boulevard parking permit
(g) 7.202(9) handicap parking
(h) 7.203(1) temporary or emergency no parking (parades,
etc.)
(i) 7.205(1) six hour maximum parking
(5) 7.205(2) parking on a traffic lane or in an alley
(k) 7.205(3) abandoned vehicle
(1) 7.205(4) fire lanes or other parking violations on
private property
(m) 7.206(7) junk vehicles
(n) 7.205(11) obstruct traffic in a private parking lot
(o) 7.205(12) overtime parking in a private parking lot
(p) 7.205(13) no parking 2 a.m. to 6 a.m.
(q) 7.205(14) no parking April 1 to May 1 when 3 1/2 inches
or more of snow on the street
(r) 7.401(1) .bicycle registration
(s) 7.402(2} bicycle lights and reflector
(t) 7.402(3) miscellaneous bicycle violations
(u) Chapter 8, Article 1, Sections I through 8, Animal
Violations
(v) 8.203(3) unauthorized signs in the publi right-of-way
(w) 8.204(2) junk vehicles
(x) 7.401(3) bicycle impound
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 13
(y) 10.201(11) parking in a park 11 p.m. to 6 a.m.
(z) 10 201(12) pets on leash when in City park
(aa) Minn. Stat. 169.34 miscellaneous parking violations
(bb) Minn. Stat. 169.346 handicap parking
(cc) Minn. Stat. 169.34 parallel curb parking
(dd) Minn. Stat. 169.222 operation of bicycles
is herewith amended to read,
3.02(7) Persons hired as community service officers in the
Police Department are authorized to issue a citation in lieu
of arrest or continued detention to persons violating the
following sentence in this Code, to wit:
(a) Chapter 5, Commercial Licensing Regulations
(b) 5A.207(b)(i) no vehicle parking in landscaped areas
{c) Chapter 6, Building and Construction
{d) Chapter 6, Article III, Section I Street Excavations
(e) 7.202(2) overtime parking on public parking areas
(f) 7.202(3) loading zones
(g) 7.202(4) bus stops and taxi stands
(h) 7.202(5) metered parking areas
(i) 7.202(6) boulevard parking
(j) 7.202(6)(c)(iii) violation of a boulevard parking permit
(k) 7.202(9) handicap parking
(1) 7.203(1) temporary or emergency no parking (parades,
etc.)
(m) 7.205(1) six hour maximum parking
(n) 7.205(2) parking in a traffic lane or in an alley
(o) 7.205(3) abandoned vehicle
(p) 7.205(4) fire lanes or other parking violations on
private property
(q) 7 205(7) Junk vehicles
(r) 7.205(11) obstruct traffic in a private parking lot
(s) 7.205(12) overtime parking in a private parking lot
(t) 7.205(13) no parking 2 a.m. to 6 a.m.
(u) 7.205(14) no parking April 1 to May 1 when 3 1/2 inches
or more of snow on the street
(v) 7.401(1) bicycle registration
(w) 7.402(2) bicycle lights and reflector
(x) 7.402(3) miscellaneous bicycle violations
(y) Chapter 8, Article I, Sections 1 through 8, Animal
Violations
(z) Chapter 8, Article III, Garbage and Rubbish
.laa) Chapter 8, Article IV, Fire Safety
.(bb) 8.202(1) substandard structures
.~cc) 8.202(2) hazardous buildings
(dd) 8.202(3) snow on sidewalks
(ee) 8.203(3) unauthorized st~ns in the public right-of-way
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 14
(fl) 8.203 other nuisances
(gg) 8.204(2) junk vehicles
(hh) 7.401(3) bicycle impound
(ii) 10.201(1) parking in a park 11 p.m. to 6 a.m.
(jj) 10.201(12) pets on leash when in City park
(kk) Minn. Stat. 169.34 miscellaneous parking violations
(11) Minn. Stat. 169.346 handicap parking
(mm) Minn. Stat. 169.34 parallel curb parking
(nn) Minn. Stat. 169.222 operation of bicycles
Section 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
February 14, 1994.
February 28, 1994
February 28, 1994
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All Ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
e. Second Reading of Ordinance No. 1281; Being an Ordinance
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 layes
There was discussion relative to landlord or property manager
attendance at three or more hours continuing education
regarding rental property management or operation. This
requirement was in Section 7: 5A.407(1)(b). In subsection (c)
there was also a requirement to mail proof of completion of
these three hours of training with the license renewal form.
The Council decided to delete (b) and amend (c).
Motion to waive was withdrawn.
Motion by Peterson, second by Ruettimann to reconsider waiving
the second reading of Ordinance No. 1281. Roll call: All ayes
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 15
Motion by Ruettimann, second by Peterson to waive the reading
of Ordinance NO. 1281 with the removal of Section 7:
5A.407(1)(b) and the amendment of (c). Roll call: All ayes
REVISED 2/02/94
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.101(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 welfare of the
people of this City. These objectives include, among others,
the following:
(a) 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 life, 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 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;
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 16
(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
will it be receptive to complaints from landlords or tenants
which are not specifically and clearly relevant to the
provisions of this Code. In the absence of such relevancy
with regard to rental disputes, it is intended that the
contracting parties exercise such legal sanctions as are
available to them without the intervention of City government.
In enacting this Code, the Council does not intend to
interfere or permit interference with legal rights to personal
privacy.
Section 2:
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.
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FEBRUARY 28, 1994
PAGE 17
(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 be 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.
(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
lodginq houses, but not including hotels and motels.
(i) Dwelling Unit. Dwelling unit has the same meaning as
apartment unit (within this Code).
(~) Exit. A continuous and unobstructed means of egress to
a public way and shall include intervening doors, doorways,
corridors, ramps, stairways, smoke-proof enclosures,
horizontal exits, exit passageways, exit courts and yards.
(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 household 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 g5.605(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.
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FEBRUARY 28, 1994
PAGE 18
(p) Housing Code. Section 5A of this 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.
(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 any 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
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.
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FEBRUARY 28, 1994
PAGE 19
(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.
(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 in a building which
qualifies as a story, as defined herein, except that a floor
level in a building having only one floor level shall be
classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more
than fifty percent of the total perimeter, or more than eight
feet below grade, as defined herein, at any point.
(ff) Unsafe. As applied to a structure, a condition or a
combination of conditions which are dangerous or hazardous to
persons or property.
(gq) Unsanitary. Conditions which are dangerous or hazardous
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.103(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
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:
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PAGE 20
(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
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 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.
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PAGE 21
(f) Bathtub or Shower. Every dwelling unit shall contain a
nonhabitable room which is equipped with a bathtub or shower
in good working condition. Such room shall have an entrance
door which affords privacy. A bathtub or shower shall be
properly connected to an approved water supply system, shall
provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer
system.
(g) Stairways, Porches and Balconies. Every stairway or
flight of stairs, whether inside or outside of a dwelling, and
every 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
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 Icad or one hundred
(100) 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) All buildings and/or maintenance improvements inspected
pursuant to Chapter SA, the Housing Maintenance Code, shall be
judged and inspected in accordance with the applicable Uniform
Building Code and Uniform Fire Code, as follows:
(i) Existing Installation. Buildings in existence at the
time of the adoption of the Code may have their use or
occupancy continued, if such use or occupancy was legal at the
time of the adoption of the Code, provided such continued use
is not dangerous to life.
(ii) Maintenance. All buildings and structures, both existing
and new, and all parts thereof, shall be maintained in a safe
and sanitary condition. All devices or safeguards which are
required by the Code shall be maintained in conformance with
the code edition under which installed.
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FEBRUARY 28, 1994
PAGE 22
(j) All repairs, replacements or maintenance to the structure
or dwelling unit shall be installed or made so as to be
compatible with the surrounding building materials and general
appearance of the existing area.
Section
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 dwelling unit are equipped
with safe and functioning door and window locks which comply
with the .following requirements, to-wit:
(a) When access to a dwelling unit door is gained through a
common corridor or entrance in a dwelling in which four (4) or
more dwelling units share a common entrance or corridor, an
approved system of controlled access shall be maintained for
each multiple family building to control access. The security
system shall consist of locked building entrance or foyer
doors, and locked doors leading from the hallways into
individual dwelling units. Dead-latch type door locks shall
be provided with releasable lever knobs (or doorknobs) on the
inside of building entrance doors and with key cylinders on
the outside of the building entrance doors. Building entrance
door-latches shall be of the type that are permanently locked.
An approved lock box with building entry key, boiler room key,
laundry and common area keys, all marked individually
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, telephone, audible bell or buzzer or other
approved means or making contact with the tenants must be
provided.
(b) Every door that provides ingress or egress for a dwelling
unit within a multiple family unit shall be equipped with an
approved lock that has a dead locking bolt that cannot be
retracted by end pressure; provided, however, that such doors
shall be openable from the inside without the use of a key or
any special knowledge or effort.
(c) All ingress, egress and interior doors shall be kept free
of holes and/or punctures.
Section 3: Light, Ventilation and Electric
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FEBRUARY 28, 1994
PAGE 23
5A.203(1) No person shall occupy as an owner-occupant or let
to another for occupancy any dwelling or dwelling unit for the
purpose of living, sleeping, cooking or eating 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 buildings
existing prior to this code must have window or door openings
for egress of no less than four (4) square feet or the minimum
size required by the Building Code in effect when the dwelling
was constructed. Space that is added on or converted to
sleeping rooms must meet the applicable codes at the time of
conversion for habitable rooms and provide a means of egress
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 openable
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
nit and all public and common areas shall be supplied with
functioning electrical service, functioning overcurrent
protection devices, functioning electrical outlets, and
functioning electrical fixtures which are properly installed,
which shall be maintained in a safe working condition and
which shall be connected to a source of electric power in a
manner prescribed by §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
least 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.
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FEBRUARY 28, 1994
PAGE 24
(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 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 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
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 temperature of at
least seventy (70) degrees Fahrenheit at a distance of three
(3) feet above floor level and at three (3) feet from exterior
walls, and which shall comply with the following requirements,
to-wit:
(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.
(c) No owner shall supply portable electric heaters to comply
with this §5.204(1).
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FEBRUARY 28, 1994
PAGE 25
Section 5:
Foundation, Exterior Walls, and Roofs
5A.205(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, eating or cooking therein which
does not comply with the following requirements, to-wit:
(a) The foundation, exterior walls and exterior roof shall be
water tight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element
shall adequately support the building at all points. Every
exterior wall shall be free of structural deterioration or any
other condition which might admit rain or dampness to the
interior portion of the walls or to the interior spaces of the
dwelling. The roof shall be tight and have no defects which
admit rain or roof drainage and shall be adequate to prevent
rain water from causing dampness in the walls. All exterior
surfaces, other than decay resistant materials, shall be
covered by paint or other protective covering or treatment
which protects the exterior surfaces from elements and decay
in a functioning manner. If 25% or more of the total exterior
surface of the pointing of any brick, block or stone wall is
loose or has fallen out, the surface shall be protected as
heretofore provided.
(b) Windows, Doors and Screens. Every window, exterior door
and hatchway shall be tight and shall be kept in repair.
Every window other than fixed window shall be capable of
being easily opened and shall be equipped with screens between
May 1 and September 30, inclusive, of each year. Every
window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to
completely exclude rain, vermin, rodents, and insects from
entering the building.
(c) Floors, Interior Walls and Ceilings. Every floor,
interior wall and ceiling shall be protected against the
passage and harborage of vermin and rodents and shall be kept
in sound condition and good repair. Every floor shall be free
of loose, warped, protruding or rotted flooring materials.
Every interior wall and ceiling shall be maintained in a tight
weatherproof condition and may not be covered wholly or
partially by toxic paint or materials with a lasting toxic
effect. Every toilet room and bathroom floor surface shall be
capable of being easily maintained in a clean state.
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FEBRUARY 28, 1994
PAGE 26
(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 ~" 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.
(g) Safe Building E]ements. 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 room
floor space and for every additional occupant thereof, at
least 100 square feet of habitable room floor space.
(ii) In no event shall the total number of occupants exceed
two times the number of habitable rooms, less kitchen, in the
dwelling unit.
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FEBRUARY 28, 1994
PAGE 27
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
Screening and Landscaping
5A.207(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, eating or cooking therein which
does not comply with the requirements of this §5A.207.
(a) Definitions. For the purposes of this Section, the
following terms shall have the meanings stated:
(i) Fence. Any partition, structure, wall, or gate erected
as a divided marker, barrier, or enclosure, and located along
the boundary or within the required yard.
(ii) Landscape. Site amenities, including trees, shrubs,
Ground covers, flowers, fencing, berms, retaining walls, and
other outdoor finishings.
(iii) Mechanical Equipment. Heating, ventilation, exhaust,
air conditioninG, and communication units integral to and
located on top beside, or adjacent to a building.
(iv) Retaining Wall. A wall or structure constructed of
stone, concrete, wood, or other materials, used to retain
soil, as a slope transition, or edge of a 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
landscapin9 in accordance with the provisions of this section.
(i) Sodding and Ground Cover. All exposed ground area
surrounding the principle building and accessory buildings,
which are not devoted to driveways, parking areas, sidewalks,
or patios, shall be sodded or landscaped with shrubs, trees,
gardens, or other ornamental landscape materials. No
landscaped area shall be used for the parking of vehicles or
storage or display of materials, supplies or merchandise.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 28
(ii) Slopes and Berms. Final grades with a slope ratio of
greater than three (3) to one (1) will not be permitted
without special approved treatment such as special seed
mixtures or reforestation, terracing, or retaining walls.
Berming used to provide required screening of parking lots and
other open areas shall not have slopes in excess of three (3)
to one (1).
(iii) Maintenance. Any dead trees, shrubs, ground
covers, and sodding shall be replaced in accordance with this
Code. All trees or other vegetation which spring up in
crevices by 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.
(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 residential uses of property. All parking lots for
dwellings of three (3) or more units if the property on which
the lot is located abuts a differing land use and is not
separated from the differing land use by a public street,
roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the
earth mounds, walls, fences, shrubs, compact evergreen trees,
or dense deciduous hedge six (6) feet in height. Hedge
materials must be at least three (3) feet in height, and trees
must be at least six (6) feet in height at planting. The
height and depth of the screening shall be consistent with the
height and size of the area for which screening is required.
When natural materials, such as trees or hedges, are used to
meet the screening requirements of this sub-section, density
and species of planting shall be such to achieve seventy-five
(75) percent capacity year-round.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE-29
(d) Other Parking Lot Screening. All parking lots for
dwellings of three (3) or more units which are not required to
be screened pursuant to §5A.207(1)(c) must either provide
screening pursuant to §5A.207(1)(c) or provide a minimum of
one deciduous tree for every forty-five (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 not 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 storable within the
building.
(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 shall 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) Required off-street parking as defined in Section 9.116
(4) of the City Code. Additionally, any building or structure
in existence upon the effective date of this Ordinance which
does not currently comply with the parking requirements of
Section 9.116(4), but does have the necessary space to provide
-the required parking shall be required to expand the provided
parking in accordance with the Code by July 1, 1997.
(b) The' required parking space must have a minimum width of
9 feet and a minimum length of 20 feet.
(c) All required parking spaces must be surfaced with asphalt
or concrete.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 30
(d) Curb guards and/or guardrails must be provided for
parking spaces situated above retaining walls.
(e) An unobstructed path must be provided between parking
areas and the dwelling unit.
(f) Lighting must be provided for parking areas and walkways
between the parking area and the dwelling unit in dwellings
consisting of three (3) or more units. Lighting must be
available for parking areas and walkways between the parking
area and the dwelling unit for dwellings of two (2) or less
units.
(g) In dwellings of three (3) or more units, parking areas
and pedestrian walkways must have a minimum light of 1 foot
candle, and the maximum light at the boundary line of the
premises may not exceed 3 foot candles.
(h) Driveways leading to parking areas and/or access ways to
buildings must be maintained and kept in good repair. In
cases of tenant parking areas all parking stalls and driveways
with access to tenant parking shall be hard surfaced with
asphalt or concrete by July 1, 1997.
(i) Commercial Vehicles and Junk Cars. Commercial vehicles
and junk cars shall be regulated in accordance with Chapter 7,
Article II, Section 5 of the Columbia Heights City Code, which
is incorporated herein by reference.
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 let
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
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.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 31
All detectors shall be located in accordance with approved
manufacturer's instructions. When actuated, the detector
shall provide an alarm in the dwelling unit or guest room.
(b) In new construction of any dwelling unit and in common
hallways and other common areas of existing units, required
smoke detectors shall receive their primary power from the
building wiring when such wiring is served from a commercial
source. Wiring shall be permanent and without a disccmnecting
switch other than those required for overcurrent pr(
(c) No person, firm, or corporation shall tamper wi
smoke detection device. Any person, firm, or co~
proven to have tampered with any smoke detection devi
by guilty of a petty misdemeanor, and upon conviction
shall be subject to a fine of not more than two
($200.00) dollars.
~tection.
th any
'potation
,ce shall
thereof,
hundred
Section 10: Discontinuance of Service or Facilities
5A.210(1) No owner, operator or occupant shall cause any
service, facility equipment or utility which is required under
this Ordinance to be removed from or shut off from or
discontinued for any occupied dwelling or dwelling unit except
for temporary interruptions as may be necessary while actual
repairs or alterations are made or during temporary
emergencies.
Section 11:
Public Health and Safety
5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No
occupant of a dwelling or dwelling unit shall accumulate
boxes, lumber, 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
that may provide a rodent harborage in or about shared or
public areas of a dwelling or its premises.
5A.211(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 may serve as food for
rodents in a site accessible to rodents.
REGULAR COUNCIL MEETING
FEBRURAY 28, 1994
PAGE 32
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 operation thereof.
5A.211(5) Responsibility for Pest Extermination. Every
occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of vermin infestations
and/or rodents on the premises. Every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit
shall be responsible for such extermination whenever his/her
dwelling unit is the only one infested. Notwithstanding,
however, whenever infestation is caused by the failure of the
owner to maintain a dwelling in a reasonable rodent-proof or
reasonable vermin-proof condition, extermination shall be the
responsibility 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 containing two or more
dwelling units, extermination thereof shall be the
responsibility of the owner. If the problem persists 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
Heights City Code, which is incorporated herein by reference.
ARTICLE III Inspection and Enforcement
Section l:
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 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 Enforcement Official may, upon a showing
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 33
that probable cause exists for the inspection or for the
issuance of an order directing compliance with the inspection
requirements of this section with respect to such dwelling,
dwelling unit or multiple dwelling, petition and obtain an
order to inspect and/or search warrant from court of competent
jurisdiction.
Section
Inspections
5A.303(1) Each dwelling or multiple dwelling which is the
subject of a rental license shall be inspected at least once
annually, subject to section 5A.303(2).
5A.303(2) Inspections on individual dwelling units shall be
required for tenant occupancy changes under the following
conditions:
(a) During each of the past two years that the owner or
landlord has applied for license renewal, they have failed to
correct Housing Maintenance Code violations on a timely basis,
as evidenced by two written past due Compliance Orders by the
Inspections Department or Enforcement Officer of the City of
Columbia Heights; or
(b) During the past year, two or more tenant complaints on
single family/ duplex/ triplex have been received or four or
more tenant complaints on a four-plex or other multiple
dwelling have been received and substantiated (Housing
Maintenance Code violations were issued based on the
complaints). Multiple complaints arising out of the same
maintenance problem, which occur within a period of one week,
shall be considered to be one complaint for the purposes of
this Section.
If any one of the above set forth conditions occur, the City
Inspections Department will notify the landlord, in writing,
that the landlord will be hence forth required to have the
building inspected upon each tenant occupancy change. It will
also be the responsibility of the landlord to provide a list
of current occupants and a 72 hour notification of a new
tenant move-in. The tenant occupancy change inspections shall
occur for a per.iod of one year from the date of notification
by the City Inspections department, however, that time shall
be extended if any of the above set forth conditions continue
to exist.
Section 4: Compliance Order
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FEBRUARY 28, 1994
PAGE 34
5A.304(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 violations of
this Code;
(c) Establish a reasonable time not Greater than 6 months for
the correction of such violation and advise the person to whom
the notice is directed of the right to appeal; and
(d) Be served upon the owner 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 (ii) as
set out in this section, posted at a conspicuous place in or
about the dwelling which is affected by the notice.
5A.304(2) Upon the correction of all Housing Maintenance Code
violations as set forth in .the Compliance Order, the City
Inspections Department shall, upon request of the owner or
landlord, issue a written statement that all violations have
been corrected in accordance with the Columbia Heights Housing
Maintenance Code.
Section
Posting to Prevent Occupancy
5A.305(1) The Enforcement Official may post any building or
structure covered by this Ordinance as being in direct
violation of the Ordnance 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 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
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 35
danger to the health or safety of the occupants. No person,
other than the Enforcement Official or his representative,
shall remove or tamper with any placard used for posting. No
person shall reside in , occupy or cause to be occupied any
building, structure or dwelling which has been posted to
prevent occupancy.
Section 6:
Right of Appeal
5A.306(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(1).
Section 7:
Board of Appeals
5A.307(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(1). All appeals shall be
conducted in accordance with Sec. 203, Uniform Housing Code,
1985 edition, International Conference of Building Officials.
Article IV
Licensing
Section 1:
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 City. 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
health and safety of persons in occupied units.
Section 2:
License Procedures
5A.402(1) Within 180 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.
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FEBRUARY 28, 1994
PAGE 36
(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 dwelling.
(ii) The name and address of the vendee if the rental dwelling
is being sold on a contract for deed.
(iii) The legal description and address of the rental
dwelling.
(iv) The number and kind of units within the rental dwelling,
the floor area for each such unit and the total floor area of
the building.
(v) The number of toilet and bath facilities shared by the
occupants of two or more dwelling units.
(vi) 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
§SA.303(1)(d).
of
(ix) All owners of rental dwellings shall provide telephone
access number(s) to be used in emergency situations, including
emergency maintenance and repair. This requirement shall be
a condition precedent to the issuance of any rental license.
(x) Such other information as the administrative
service shall require. Said information may include, but is
not limited to tenant lists which include tenants name, unit,
and identifying information (i.e. date of birth, social
security number, driver's license number).
(c) Failure to complete, in full, the required license
application shall be grounds for denial of the license.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 37
Section
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
Issuance of Rental Mousing 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.
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 expire
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 his/her authorized representative.
Section 6:
License Transfer
5A.406(I) The license is transferable upon application to the
Building Official and payment of the license transfer fee by
the prospective owner if the licensed premises is in
compliance with the Code. The license shall terminate if
renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amount
of the transfer fee shall be set by resolution of the Council.
Section 7: License Renewal
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FEBRUARY 28, 1994
PAGE 38
5A.407(1) All rental licenses shall be effective for a period
of one year. However, renewal of licenses, as required
annually by this Code, may be made by:
(a) Completing the renewal
operator, or agent of the
Inspections Department; and
form furnished to the owner,
rental dwelling, by the City
(b) Mailing the renewal form and the required registration
fee to the City Inspections Department; and
(c) Successful completion of the annual Housing Maintenance
Code inspection as required by Section 5A.303(1) of this
Ordinance.
Such renewal shall only be effective upon successful
completion of all the above set forth requirements. Further,
said renewal or registration may be made only when no change
in ownership, operation, agency or type of occupancy of the
rental dwelling has occurred in the last licensing year.
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 the
license fee. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining
an initial license.
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
any ordinances or regulations that have been violated,
together with a statement of action taken and the conditions
of any resulting revocation suspension, or other action
restricting the privileges of the licensee.
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FEBRUARY 28, 1994
PAGE 39
(c) The enforcement officer shall forward the findings and
statement of action taken to the person in whose name said
license was issued by mailing the same to the mailing address
indicated on the license application.
5A.408(3) A violation of any provision of this chapter or of
state law, prescribing standards of conduct or regulations
governing a licensee; the particular type of business or
commercial activity or trade or occupation that is licensed;
or the premises where the licensed activity is conducted;
shall be a prima facie showing of cause for revocation,
suspension, or other action restricting the privileges of a
licensee as the Council may determine.
5A.408(4) Nondisclosure, misrepresentation or misstatement of
a material fact in any application for a license under this
chapter shall be a prima facie showing of cause for
revocation, 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 following statutes or ordinances:
(a) Minn. Stat. §§ 609.75 through 609.76, which prohibit
gambling;
(b) Minn. Stat. §§ 609.321 through 609.324 which prohibit
prostitution and acts relating thereto;
(c) Minn. Stat. §§ 152.01 through 152.025, and 6152.027,
subds. 1 and 2, which prohibit the unlawful sale or possession
of controlled substances;
(d) Minn. Stat.'§ 340A.401, which prohibits the unlawful sale
of alcoholic beverages;
(e) Minn. Stat.§ 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;
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FEBRUARY 28, 1994
PAGE 40
(f) Section 10.312 of this code, which prohibits noisy
assemblies;
(g) Minn. Stat. §§ 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. Stat.§ 609.72, which prohibits disorderly conduct.
(i) Minn. Stat. §§ 609.221 through 609.224, which prohibits
assaults, including domestic assault as defined in Minn. Stat.
§ 518B.01.
(j) Violation of laws relating to contributing to need for
protection or services or delinquency of a minor as defined in
Minn. Stat. § 260.315.
(k) Section 8.201 et al. of this Ordinance which relates to
animal noises and public nuisances.
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 take steps to prevent further violations.
5A.410(4) If another instance of disorderly use of the
licensed premises occurs within three (3). 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 three
(3) 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 Sections 5A.408(1) through 5A.408(4).
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 41
5A.410(5) If another instance of disorderly use of the
licensed premises occurs within three (3) 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 shall be
initiated by the City Council at the request of the Police
Chief (Department) in the manner described in Sections
5A.408(1) through 5A.408(4).
5.410(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
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
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FEBRUARY 28, 1994
PAGE 42
5A.502(1) The owner of any dwelling or dwelling unit which
has been declared unfit for human habitation or which is
otherwise vacant for a period of 60 days or more shall make
the same safe and secure so that it is not hazardous to the
health, safety and welfare of the public and does not
constitute a public nuisance. Any vacant dwelling open at the
doors, windows or other wall openings, if unguarded, shall be
deemed to be a hazard to the health, safety and welfare of the
public and shall constitute a public nuisance within the
meaning of this Code.
Section 3:
Failure to Comply
5A.503(1) Upon failure to comply with a Compliance Order
within the time set therein, and no appeal having been taken,
or upon failure to comply with a modified Compliance Order
within the time set therein, the criminal penalty established
hereunder notwithstanding, the City Council, after due notice
to the owner, may by resolution declare the condition to
constitute a public nuisance and cause the cited deficiency to
be remedied as set forth in the Compliance Order. The cost of
such remedy shall be a lien against the subject real estate
and may be levied and collected as a special assessment in
accordance with Minnesota Statutes Chapter 429, for abatement
of nuisances and specifically for the removal or elimination
of public health or safety hazards from private property. Any
assessment levied thereunder shall be payable in a single
installment. The intent of this section is to authorize the
City to utilize all of the provisions of this Code and of
Minnesota law to protect the public's health, safety and
general welfare.
Section 4:
Remedies Cumulative
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.601 to 5A.611, inclusive.
Article VI Penalties
5A.601 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.
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
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FEBRUARY 28, 1994
PAGE 43
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 authorized by
this Chapter.
5A.604 No person, firm, corporation or licensee shall fail or
refuse to obey a Compliance Order validly issued under this
Code.
5A.605 No person, firm or 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 or
rental dwelling unit shall cause a rental dwelling, rental
dwelling unit or the premises on which a rental dwelling unit
is located to become in violation of any of the maintenance
standards set forth in Chapter SA, Article II (§5A.201, et.
seq.), normal wear and tear excepted.
5A.607 No person shall occupy an unlicensed dwelling 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 posting property pursuant to this Chapter.
5A.611Any 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.
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FEBRUARY 28, 1994
PAGE 44
SECTION 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
December 13, 1993
February 28, 1994
February 28, 1994
Offered by:
Seconded by:
Roll Call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
f. Resolution No. 94-12; Purchase of Various
Residential Properties From Anthony and Agnes Yurkew
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. 94-12
RESOLUTION AMENDING RESOLUTION NO. 94-04 AUTHORIZING THE
PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE
SHEFFIELD NEIGHBORHOOD OWNED BY ANTHONY AND AGNES YURKEW
WHEREAS, the City Council of Columbia Heights at the January
10, 1994, City Council meeting approved the execution of a
purchase agreement with Anthony and Agnes Yurkew for the
purchase of property located at 4613-15 Fillmore Street and
4637-39 Fillmore Street; and
WHEREAS, the City of Columbia Heights had negotiated further
terms and conditions for the purchase requiring amendment and
re-execution of the original purchase agreement; and
WHEREAS, the City of Columbia Heights has offered to pay the
Yurkews the $108,000 purchase price in three equal
installments with a $36,000 payment at time of closing and two
subsequent payments in 1995 and 1996 respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLUMBIA HEIGHTS THAT:
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FEBRUARY 28, 1994
PAGE 45
1. The City Council hereby approves the terms and conditions
of the attached Exhibit A - Purchase Agreement and authorizes
the Mayor and City Manager to execute it on behalf of the
City.
2. The City Council hereby authorizes the City Manager to
execute all requirements and conditions of the purchase as
contemplated in the purchase agreement.
3. The City Council approves an interim source of funding for
the payment of the terms of acquisition from the Fund - 410,
Capital Improvement Fund in the amount of $112,000, including
real estate taxes and closing costs, with an interfund loan
from the Retained Earnings of Fund 652, Sewer Construction
Fund. The interim sources financing for the purchase will be
repaid at such time permanent financing can be arranged by the
City of Columbia Heights.
Passed this 28th day of February, 1994.
Offered by: Ruettimann
Seconded by: Peterson
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
g. Resolution No. 94-13; Being a Resolution Supporting
Legislation to Allow the Temporary Storage of Spent Fuel by
Northern States Power
Councilmember Nawrocki read the resolution.
RESOLUTION NO. 94-13
SUPPORTING LEGISLATION TO ALLOW FOR THE TEMPORARY STORAGE OF
SPENT FUEL BY NORTHERN STATES POWER AT THEIR PRAIRIE ISLAND
NUCLEAR POWER PLANT
WHEREAS, Northern States Power Company's Prairie Island Power
Plant has produced safe, low cost electricity for more than
twenty years and consistently ranks as one of the lowest cost,
safest, most productive and efficient nuclear plants in the
country; and
WHEREAS, the Nuclear Regulatory Commission has repeatedly
recognized the Prairie Island Plant as one of the best run
nuclear facilities in the country; and
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 46
WHEREAS, if the Prairie Island Power Plant is forced to close,
the 'loss of this safe and low cost base load twelve-hundred
mega watt electric generating plant would cost not only NSP
customers more in higher rates, but remove an efficient power
source from the Mid-Continent Area Power Pool (MAPP) and
thereby adversely affect all upper midwest electric consumers;
and
WHEREAS, the Prairie Island Power Plant contributes
substantial annual real estate tax payments, thereby reducing
and in some cases eliminating, traditional educational and
local government aids, and the shut down of this plant with
resulting lost tax base would cost the State and other cities
and school districts millions of dollars in increased State-
Aid payments thereby affecting adversely the vast majority of
Minnesota taxpayers; and
WHEREAS, the Prairie Island Power Plant will reach maximum
capacity of its temporary storage facility for spent fuel in
1994 and all necessary permits and approvals from State and
federal regulatory agencies have been obtained so as to allow
for the temporary storage of older spent fuel in dry casks, a
method safely utilized by at least six other nuclear power
plants; and
WHEREAS, the Prairie Island Power Plant is located within the
City of Red Wing and the City and the vast majority of
residents strongly favor approval of State legislation to
permit this temporary spent fuel storage and further that the
City has requested the support of other cities.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Columbia Heights that it supports the City of Red
Wing's efforts to seek approval in the Legislature to allow
on-site temporary storage of spent nuclear fuel from the
Prairie Island Plant until the U.S. Department of Energy meets
its obligations to a national high level permanent waste
repository.
BE IT FURTHER RESOLVED that the City Administrator is hereby
authorized and directed to forward a signed copy of this
resolution to the Governor and State legislators representing
the City in the State Legislature and in like manner notify
the City of Red Wing of the City's adoption of this
resolution.
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 47
Offered by:
Seconded by:
Roll call:
Nawrocki
Jolly
All ayes
/~(ayor~'J6~-ph Stu~devant
ATTEST: William Elrite
(City Clerk-Treasurer)
COMMUNICATIONS
There were no communications.
OLD BUSINESS
There was no old business.
NEW BUSINESS
a. Policy on Administration and Engineering Charaes
The total engineering costs and administration costs for the
sealcoat improvements are approximately $32,000 and for the
midblock lighting improvement are approximately $800. The
Council discussed sources of funding for these costs if they
are not assessed.
Motion by Peterson, second by Nawrocki to amend the City
Special Assessment Policies by excluding the administration
and engineering charges from the actual costs to be specially
assessed to property owners for sealcoat improvements. Roll
call: All ayes
Motion by Peterson, second by Nawrocki to amend the City
Special Assessment Policies by excluding the administration
and engineering charges from the actual costs to be specially
assessed to property owners for mid-block lighting
improvements. Roll call: All ayes
b. Application for Tax Exempt Status on Purchased Sheffield
Properties
Motion by Ruettimann, second by Peterson to authorize the City
Manager to forward all the applications requesting exempt tax
status for the Sheffield area properties acquired by the City.
Roll call: All ayes
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
PAGE 48
10.
c. Increased Pay Rate for Sewer/Water Foreman
Motion by Jolly, second by Nawrocki to approve the starting
rate for Terry Randall, the Sewer/Water Working Foreman at the
2-year (Step IV) rate of $15.24/hour based on the 1994 labor
contract between the City of Columbia Heights and the
International Union of Operating Engineers, Local No. 49. Roll
call: Jolly, Nawrocki, Peterson, Sturdevant - aye Ruettimann
- nay
REPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and
the following item was discussed:
Off Sale Liquor Operations: Councilmember Nawrocki requested
an explanation regarding the reasons for the decrease in the
liquor operations profits. The City Clerk gave the
explanations for all three stores.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Mot ion by Ruettimann, second by Peterson to adjourn
meeting at 9:25 p.m. Roll call: All ayes
o-Anne Student, Counct I Secretary
the