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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. REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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: REGULAR COUNCIL MEETING FEBRUARY 28, 1994 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. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 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. REGULAR COUNCIL MEETING 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 REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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). REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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 REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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 REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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; REGULAR COUNCIL MEETING 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 REGULAR COUNCIL MEETING 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 REGULAR COUNCIL MEETfNG 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. REGULAR COUNCIL MEETING 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: REGULAR COUNCIL MEETING 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