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HomeMy WebLinkAboutAugust 5, 1994 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Smrdevant Councilmembers Donald G. Jolly Brace G. Nawroctd GaO, L. Peterson Robert W. Ruettimann City Manager Patrick Hentges August 5, 1994 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, August 8, 1994, in the City Council Chambers of City Hall at 590 40th Avenue NE, Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(s) ***RECOMMENDED MOTION: Move to adopt the minutes of the Regular City Council Meeting of July 25, 1994, as presented in writing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY lf¢ EMPLOYMENT OR THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 Council Meeting of August 8, 1994 Public Hearin_~s/Ordinances & Resolutions a. Public Hearing - Revocation or Suspension of a License, 5049/51 Jackson Street N.E. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Gerald R. Anderson Regarding Rental Property at 5049/51 Jackson Street N.E. do Second Reading ~ Ordinance No. 1291, Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1291, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1291, Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements. Second Reading - Ordinance No. 1292, Pertaining to the Housing Maintenance Code as it Relates to the Right of Appeal RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1292, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1292, Pertaining to the Housing Maintenance Code Regarding Right of Appeal. Second Reading - Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to the Penalties for Violations RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1276, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it relates to Penalties for Violations. Second Reading - Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it Relates to the Compliance Order and Posting to Prevent Occupancy RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1275, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it relates to the Compliance Order and Posting to Prevent Occupancy. fo Resolution 94- , Adopting Ethics Policy Pursuant to Minnesota Statutes 471.895. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , Resolution of the City Council of the City of Columbia Heights, Adoption of Ethics Policy for City Employees Pursuant to Minnesota Statutes 471.895, Dealing with Acceptance of Gifts by Public Officials and Employees. COUNCIL AGENDA Page 3 Council Meeting of August 8, 1994 g. Resolution 94-__ Central Avenue , Approving an Occupancy Permit for the Columbia Heights School District at 4001 RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94-__., Resolution Approving an Occupancy Permit for the Columbia Heights School District at 4001 Central Avenue. Resolution 94- , Supporting HRA Application for Rental Assistance Program RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94-__., Resolution Supporting Housing and Redevelopment Authority application for HUD Rental Assistance Program units to replace like Metro Council HRA units and to have local HRA totally administer those units. Resolution 94-__, Designating Election Judges for 1994 Primary and General Elections RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94- Judges for 1994 Primary and General Elections. Resolution 94-__., Approving a Lotsplit of City Owned Lots __, Resolution Designating Election RECOMMENDED 'MOTION: Move to waive the reading of Resolution 94- copies available to the general public. __, there being ample RECOMMENDED MOTION: Move to approve Resolution 94-__, Being a Resolution Approving a Lotsplit of City Owned Lots Located at 564~578 N.E. 38th Avenue and Recommend Approval of the Request for Variances to the Required 60 Foot Lot Width of 1.7 feet for Tracts A and B and 1.6 feet for Tract C. k. Public Hearing for Revocation and Suspension of a License - Esquire Properties RECOMMENDED MOTION: Move to Close the Public Hearing for August 8, 1994, Regarding the Revocation or Suspension of Rental License for Esquire Properties at 4628 Tyler Street NE and 4634 Tyler St. NE, and Further Authorize Issuance of Rental License for Same in that it has Complied with Provisions of the Housing Maintenance Code, Section 5A.408. 1. Other Resolutions and Ordinances 7. Communications ***a. Establish a Hearing Date for Revocation or Suspension of a License, 4156 Central Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 22, 1994, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights against Larry Truehart regarding rental property at 4156 Central Avenue N.E. COUNCIL AGENDA Page 4 Council Meeting of August 8, 1994 ***b. ***d. ~fo Establish a Hearing Date for Revocation or Suspension of a License, 4616/4622 Tyler Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 22, 1994, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against William Lueck regarding rental property at 4616/4622 Tyler Avenue N.E. Establish a Hearing Date for Revocation or Suspension of a License, 2215 45th Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 22, 1994, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mr. Kunal Kamran and Mrs. Viver Kamran at 2215 45th Avenue N.E. Set Public Hearing - Amendment to Fiscal Year 1994 Community Development Block Grant Program RECOMMENDED MOTION: Move to set August 22, 1994 (at approximately 7:15 p.m.) as the date and time for a public hearing in regard to amendment to the 1994 Community Development Block Grant Program. Establish Date for Public Hearing, County Road 104 Turnback RECOMMENDED MOTION: Move to Establish a Public Hearing Date for September 26, 1994, at 7:00 P.M. in the City Council Chambers in order to receive public comment on the proposed turnback of C. R. 104 to the City. Establish Date for Public Improvement Hearing - Curb & Gutter, Main St. from 44th Ave.-45th Ave. RECOMMENDED MOTION: Move to Establish a Public Improvement Hearing Date for September 12, 1994, at 7:00 P.M. in the City Council Chambers for curb and gutter installation on Main Street between 44th Avenue and 45th Avenue. Request Beer - Sullivan Lake Park, Request from Pat Rosenberg RECOMMENDED MOTION: Move to approve the request from Pat Rosenberg, 3936 Reservoir Boulevard, Columbia Heights, MN to serve 3.2 beer at their picnic on Thursday, August 25th, from 5:00- 9:00 P.M. Request by The 500 Club to Hold the 9th Annual Kielbasa Days Celebration RECOMMENDED MOTION: Move to authorize The 500 Club to serve beer and have live music in their parking lot on September 10 and 11, 1994, from 3:00-8:00 P.M. each day, in conjunction with their Ninth Annual Kielbasa Days Celebration at 500 40th Avenue N.E. Traffic Commission Minutes The minutes of the Traffic informational purposes only. Commission's regular meeting of August 1, 1994, are included for Planning & Zoning The minutes of the Planning and Zoning Commission's regular meeting of August 2, 1994, are included for informational purposes only. ***1. Conditional Use Permit - Rainbow Foods, 4300 Central Avenue RECOMMENDED MOTION: Move to approve the Conditional Use Permit to allow the temporary use of a 30 foot by 60 foot tent from August 27-29, 1994, in the easterly parking area provided a $500 deposit is submitted prior to installation to assure removal by August 30, 1994. COUNCIL AGENDA Page 5 Council Meeting of August 8, 1994 ***2. Special Purpose Fence - Linda Mehner, 4055 Jefferson St. RECOMMENDED MOTION: Move to approve the six (6) foot high special purpose solid board privacy fence for 4055 Jefferson Street as requested. ***3. Special Purpose Fence - Sidney R. Anderson, 3931 Quincy Street RECOMMENDED MOTION: Move to approve the five (5) foot high solid board privacy fence at 3931 Quincy Street. k. Other Communications 8. Old Business a. Zaidan Holding Negotiations RECOMMENDED MOTION: Move to Approve Negotiation Agreement with Zaidan Holdings Regarding Payment of Delinquent Taxes on Columbia Heights Business Center and Tax Assessment Agreement and Authorize the Mayor and City Manager to Execute the Same on Behalf of the City. b. Other Old Business 9, New Business ***b. a. Award Contract for Storm Sewer Improvements at LaBelle Pond Co do RECOMMENDED MOTION: Move to award the contract for peripheral storm sewer improvements at LaBelle Pond to Dave Perkins Contracting of Ramsey, Minnesota based on their low, responsible quote of $10,340.00, payment to be made from Fund 412-59008-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Authorization to Seek Re-Bid for 1250 GPM Class A Fire Pumper RECOMMENDED MOTION: Move to authorize staff to seek re-bid for the 1995 9000 Series 1250 GPM Class A Fire Pumper. Award of 1994 Overlay Project #9320, 9321, and 9322 RECOMMENDED MOTION: Move to Award the 1994 Overlay Project, Municipal Numbers 9320, 9321, and 9322 to Midwest Asphalt Corp. of Hopkins, Minnesota, based upon their low, qualified responsible bid in the amount of $167,256.43 with funds to be appropriated from the Municipal State Aid Construction Account (Fund 402); and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Award of 1994 Street and Parking Lane Striping Project RECOMMENDED MOTION: Move to Award the 1994 Street and Parking Lane Striping Project to AAA Striping Service Co. based upon their low, qualified, responsible bid in the amount of $4,075.92 with $3,514.84 to be appropriated from Fund 212-43190-4000 and $561.11 to be appropriated from Fund 101- 41370-4000; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Other New Business COUNCIL AGENDA Page 6 Council Meeting of August 8, 1994 10. Reports a. Report of the City Manager b. Report of the City Attorney 11. Licenses ***RECOMMENDED MOTION: Move to approve the 1994 license applications as listed upon payment of proper fees. 12, Payment of Bills ***RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn. Pat Hentges, City Manager cb 94~90 AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS MONDAY, AUGUST 8, 1994, 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. ***4. 5. ***11. **'12. 1. Call to Order and Roll Call 2. Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) Minutes of Previous Meeting(s) Open Mike/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) 6. Public Hearings/Ordinances & Resolutions a. Public Hearing - Revocation or Suspension of a License, 5049/51 Jackson Street N.E. b. Second Reading - Ordinance No. 1291, Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements c. Second Reading - Ordinance No. 1292, Pertaining to the Housing Maintenance Code as it Relates to the Right of Appeal d. Second Reading - Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to the Penalties for Violations e. Second Reading - Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it Relates to the Compliance Order and Posting to Prevent Occupancy f. Resolution - Adopting Ethics Policy Pursuant to MN Statutes 471.895 g. Resolution - Approving an Occupancy Permit for the Columbia Heights School District at 4001 Central Avenue h. Resolution - Supporting HRA Application for Rental Assistance Program ***i. Resolution - Designating Election Judges for 1994 Primary and General Elections j. Resolution - Approving a Lotsplit of City Owned Lots k. Public Hearing for Revocation or Suspension of a License - Esquire Properties 1. Other Resolutions and Ordinances 7. Communications Establish a Hearing Date for Revocation or Suspension of a License, 4156 Central Avenue N.E. Establish a Hearing Date for Revocation or Suspension of a License, 4616/4622 Tyler Avenue N.E. Establish a Hearing Date for Revocation or Suspension of a License, 2215 45th Avenue N.E. Set Public Hearing - Amendment to Fiscal Year 1994 Community Development Block Grant Program Establish Date for Public Hearing, County Road 104 Turnback Establish Date for Public Improvement Hearing - Curb & Gutter, Main St. from 44th Ave.-45th Ave. ***a. ***b. ***C. ***d. ***e. ***f. j. Request Beer - Sullivan Lake Park, Request from Pat Rosenberg Request by The 500 Club to Hold the 9th Annual Kielbasa Days Celebration Traffic Commission Minutes Planning & Zoning ***1. Conditional Use Permit ~ Rainbow Foods, 4300 Central Avenue ***2. Special Purpose Fence - Linda Mehner, 4055 Jefferson St. ***3. Special Purpose Fence - Sidney R. Anderson, 3931 tDuincy Street k. Other Communications 8. Old Business a. Zaidan Holding Negotiations b. Other Old Business 9_~..New Business_s_ a. Awa;~ ~0ntract for Storm Sewer Improvements at LaBelle Pond ***b. Authorization to Seek Re-Bid for 1250 GPM Class A Fire Pumper c. Award of 1994 Overlay Project #9320, 9321, and 9322 d. Award of 1994 Street and Parking Lane Striping Project e. Other Old Business 10. Reports a. Report of the City Manager b. Report of the City Attorney Licenses Payment of Bills Adjournment OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 25, 1994 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. B~J~_Q~LL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: ApDroval of Minutes/Correction The COuncil approved the minutes of the Regular City Council Meeting of July 11, 1994, and the minutes of the Special Council Meeting of July 18, 1994 and noted the correction made to the minutes of the June 13, 1994 Regular Council Meeting. Block Party Request - Bruce Ma_=nuson. 5010 Pennine Pass The Council approved the request of Bruce Magnuson, 5010 Pennine Pass, to block off Chalet Drive between Stinson Boulevard and Pennine Pass for the annual block party from 3:00 p.m. to 7:00 p.m. on August 13, 1994. Approval of Attendance at the National Association of TelecommuniCations officer's and Advisors Conference The Council approved the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to beheld in Sparks, Nevada, from September 18 - 21, 1994 and approved all related expenses to be reimbursed from Funds 225-49844- 3105 and 225-49844-3320. Approval of Attendance at the ICBO Annual Conference in Indianapolis. Indiana. September 11 - 16. 1994 The Council approved the attendance of Evelyn Nygaard, Building Inspector, at the Annual ICBO Conference in Indianapolis, Indiana from September 11 - 16, 1994 and approved all related expenses to be reimbursed from Funds 101- 42400-3105 and 101-42400-3320. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 2 Request by Hiawatha Activities Council. Inc. for a One Tim~ G~blinq Event The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating t~at the City of Columbia Heights has no.~bj~?~ion.~o bingo event to be conducted by ~ne. ~law_a~na Council, Inc. at the Church of Immacu~a=e concep=~on, Jackson Street,' Columbia Heights on September 10 and 11, 1994 and the City Council waived the remainder of the thirty day notice to the local governing board. Establish a Hearino Date for Revocation of a License. 5049/51 Jackson Street Northeast The Council established a hearing date of August 8, 1994 for revocation or suspension of a license to operate a rental unit(2) within the City of Columbia Heights against Mr. Gerald R. Anderson regarding rental property at 5049/51 Jackson Street Northeast. Establish a Hearing Date for Revocation of a License. 4628 Tyler street and 4634 Tyler Street Northeast The Council established a hearing date of August 8, 1994 for revocation or susPension of a license to operate a rental property within t~..e City of_ Colu~hi9 Height~_gga_i~st Esquire Properties regardlng rental proper=y at 4628 Tyler Street Northeast and 4634 Tyler Street Northeast. Block Pa~ty Reguest - Ruth Graham. 625 47th Avenue Northeast The Council approved a reguest from Ruth Graham, 625 47th Avenue Northeast, to barricade the cul-de-sac only at the end of'47thAvenue, west from Monroe Street to the top of the hill for their annual block party/crime watch meeting from 6:00 p.m to 9:00 p.m. on August 2, 1994. License Applications The Council approved the license applications as listed upon paYment of proper fees. Payment of Bills The Council approved thePeyment of the bills as listed out of proper funds. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 3 APPRQVAL OF CONSENT Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS Councilmember Ruettimann was recognized on his being selected as the Grand Marshal for the East Side Parade. A resident of Fifth Street addressed some concerns he had regarding traffic, water runoff, an alley, the use of a building on 39th and California and truck traffic at the Post Office. These matters Will be taken under consideration. A resident of Tyler Street ~hanked the Council for a sign which was installed at her request. She had also understood there would be additional signs in her area which addressed speed. This will be followed up by staff. This resident stated her concerns with loud music and questionable behavior in her neighborhood. She felt ordinances were not being c0mplied with and requested more aggressive enforcement be pursued. The City Manager advised that staff is aware of some of these behaviors and non-compliance activities and that measures are presently being taken to address them. A property owner on Van Buren Street stated to the Council he feels an ordinance is not being enforced relative to tires. There is a neighbor in his area who has positioned a large tire in the front yard and is using it for a planter. He feels this is a violation and that the staff he has contacted have been Unresponsive. He thinks the ordinance regarding tires is very clear and not vague in its interpretation. Discussion continued regarding how tires being used as landscaping materials or planters are addressed in other communities. Staff was requested to have this information available for an upcoming Council work session. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 4 ~Anoka County Sheriff Annual UDdate Anoka County S~er~ff, Ken Wilkinson, briefly reviewed some o~ the crime statistics in Anoka County since 1993. He noted tha= the excellent working relationship his office has with the Columbia Heights Police Department continues. New technology in the'Sheriff's Department was mentioned. Counoilmember Nawrocki inquired if there .is any progress on out an arrangement for transporting prisoners from working ~ Columbia Heights to the County jail or to detox. He noted currently this service requires removing a squad car from active duty in the City for some period of time. h,w{fw~lkinson responded that presently there are _no ~;~e~'~o perform this service. He di~ include this funding in his' 1995 'budget so it would be available for all AnoKa County municipalities. He does not thin~ it will remai~ in the county,s budget. The Sheriff's intent~on is to continue to seek revenue sources for this service. National Night Out Proclamation Mayor Sturdevant presented a proclamation to Sergeant Bill Roddy which designated August 2, 1994 as ,,National Night Out" in Columbia Heights. Sergeant Roddy advised this is the eighth Year 'that Columbia Heights has participated in this event and neighborhood activities have increased each year. PUBLIC HEARiNGS/RESOLUTIONS~ORDINANCES a. First Reading - Ordinance No. 1285. Pertaining to Home Occupations Motion byNawrocki, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Some residents who operate businesses out of their homes were not aware of the prohibxtionS connected with this activity. Some of .t~.em 'have employees who.do not re~i~? inth~%~_homes and are hxred on a contract basis or on sxml£ar conal=lons. The City Manager felt the Home Occupation Ordinance needed additional discussion and that its language should be as precise as possible. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 5 Councilmember Nawrocki expressed concerns with matters such as people who work as sales persons, telecommunicating businesses, "employee" relationships, etc. operating out of private homes in the City. The motion to waive was withdrawn. Motion by Nawrocki, second by Jolly that the hearing on this matter be continued until Monday, September 26, 1994 at 7:00 p.m. and that additional information requested beprovided to the City Council at a work session before that time. Roll call: Ail ayes e COMMUNICATIONS a. School District Early Childhood Special Education Program at Columbia Heiahts Mall - 4001 Central Avenue The Columbia Heights School District wishes to relocate the Early Childhood Special Education Program into the Columbia Heights Mall at 4001 Central Avenue. This educational activity would be located within 300 feet of an establishment, The BoxSeat, which holds a liquor license and could be in violation of an ordinance. Secondly, there is question whether this activity could be located in this area because of the zoning. Written opinions of both the City attorney and the School District's attorney were addressed by the City Manager. Members of the City Council expressed concern regarding possible future challenges to the City if there were to be a change in ownership of the property with the liquor license. It was felt the School Board and the mall landlord should agree to a Hold Harmless clause in the agreement for the school activity being located in this mall. It was also suggested there should be agreement that the activity should cease if such a situation should occur and new owners would not be penalized in seeking a liquor license. The City Attorney was requested to draft language to accommodate an agreement whereby the School District would indicate it would not use this location to oppose some other operation in the mall and the landlord would agree to terminate the lease if need be. School District staff advised that some remodeling of the mall space must be done to accommodate the school activity. He also noted that there has been general agreement by the School Board to approving this location. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 6 The School Board Chair advised that no lease has been presented to the School Board at this time by the landlord so no vote has been taken yet. There has been consensus on the School Board that this project should move forward on the site recommended. She also noted that she sees no problem with indemnifying the City. Motion by Nawrocki, second by Jolly to table further .consideration of this matter until the August 8, 1994 City Council Meeting. Roll call: Jolly, Nawrocki, Ruettimann, Sturdevant - aye Peterson - nay b. Cable Company Franchise violation Councilmember Nawrocki, who serves on the City's Cable Commission, reported on a meeting held with representatives of Meredith Cable regarding their settlement proposal being offered to the City. The settlement proposal was presented to the Cable Commission for discussion. The Cable Commission approved the following motion regarding ~his issue: "The Cable Company recommends to the City Council to follow through with the previous order and to instruct the City Manager to notify the Cable Company they are in non- compliance of the Rate Order and of our Cable Franchise as result of inclusion of the PEG fees in the rates beginning July 14, 1994." A representative of Meredith Cable responded with the following statement: " With respect to the City's determination that Meredith is in violation of its franchise and the City's rate order.as a result of its computation of permissible rates beginning July 14, 1994, Meredith respectfully disagrees with this conclusion. Effective May 15, 1994, the Federal Communications Commission adopted different rules governing the rates for basic cable service and equipment, superseding the rules adopted April 1, 1993 (which took effect September 1, 1993). Meredith was required,.no later than July 14, 1994, to begin implementing revised rates calculated in accordance with the new rules. 'Because the new rUles supplanted the rules upon which the City's rate order was based, those rules also, of necessity, supPlanted the City's rate order. In other words, Meredith was required to adopt new rates in accordance with rules, notwithstanding the City's prior rate order. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 7 Based on the FCC deadline, Meredith intends to submit the appropriate FCC forms next month defending its rates and the City, as permitted by the FCC rules, will have an opportunity to review these rates and to order rollbacks and refunds to the extent the rates are found not to be in compliance with the new rules. Meredith requests the City to defer a decision on the recommendation of the Cable Commission until it analyzes our FCC forms to be filed by August 15." Councilmember Nawrocki again stated theposition taken by the Cable Commission regarding enforcement of the original Order of the City relative the Meredith's rates. Motion by Nawrocki, second by Jolly that the City Council follow through with the previous order and instruct the City Manager to notify the cable company they are in non-compliance of the Rate Order and of the City's Cable Franchise as a result of the inclusion of the PEG fees in the rates beginning July 14, 1994. Roll call: All ayes ORDINANCES/RESOLUTIONS (continued~ b. First Readina - Ordinance No. 1291. Pertainin~ to Housing Maintenance Code as it Relates to Inspection and Enforcement Motion.by Ruettimann, second by Peterson to waive the reading of Ordinance No. 1291 there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1291 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AUTHORITY OF THE CITY TO INSPECT RENTAL PROPERTIES The City of Columbia Heights does ordain: Chapter SA, Article III, Section 1, Subsection i (5A.30111]) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 8 The City Manager and his/her designated agents shall be the Building Official who shall administer and enforce the provisions of the ordinance. Inspection shall be conducted during reasonable hours, and upon request, the Building Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. is herewith amended to read: 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority The City Manager and his/her designated agents, as the Building Official who shall administer and enforce the provisions of this ordinance, may enter for the purpose of inspecting, any multiple dwelling, dwelling unit (whether it be standing alone or as a unit in a larger complex of units), or premises, upon twenty-four (24) hours notice to the owner, occupant, manager, or person in charge of the multiple dwelling, dwelling units, or premises. Inspection shall be conducted dUring reasonable hours, and upon request, the Building Official shall present evidence of his/her official capacity to the owner, occupant, or person in charge of a dwelling unit sought to be inspected. First Reading: July 25, 1994 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1291 for Monday, August 8, 1994 at 7:00 p.m. in the City Council Chambers. Roll call: All ayes c. First Reading - Ordinance No. 1292. Pertainina to the HOusing Maintenance Code as it Relates to the Right of Appeal Motion byRuettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1292 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 9 Section 1: Chapter 5A, Article III, Section 5, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 5: Right of Appeal 5A.305(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the'Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in S6.202(1) is herewith amended to read, Section 5: Right of Appeal 5A.305(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in 5A.306. Section 2: Chapter SA, Article III, Section 6, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 6: Board of Appeals 5A.306(1) Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be'conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. is herewith amended to read: Section 6: Board of Appeals REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 10 5A.306(1) Upon at least five (5) business days no~ice 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 on Building Officials. is herewith amended to read: Section 6: Board of Appeals 5A.306(1) The Planning and Zoning Commission shall be the Board of Appeals. All appeals shall be filed within 45 days from the date of service of Compliance Order pursuant to 5A.303(1), and 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 Sections 1201 - 1305, Uniform Housing Code, 1985 edition, International Conference Of Building Officials, except as herein modified. Failure of any person to file an appeal in accordance with 5A.306(1) shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 25, 1994 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1292 for Monday, August 8, 1994 at 7:00 p.m. in the City Council Chambers. Roll call: All ayes d.. First Readin~ - Ordinance No. 1276. Pertaining to the Housing'Maintenance Code as it Relates to the Penalties ~or MotionbyRuettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 11 ORDINANCE NO. 1276 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO PENALTIES FOR VIOLATION OF THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter SA, Article VI, Section i of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 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 SA, Article II (SSA. 201, et.seq.), maintenance standard. is herewith amended to read, 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 SA, Article II (S5A.201, et. seq.), maintenance standard~ No person shatl be charged under this section, until such'time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(1) and 5A.306(1). Section 2: Chapter SA, Article VI, Section 9, of Ordinance No. 853, city Code of 1977, as amended, which currently reads as follows, to wit: 5A.609 No person may occupy a dwelling or property posted pursuant to S5A.304. is herewith amended to read, 5A.609 No person may occupy a dwelling or property posted pursuant to SSA.304. No person shall be charged under this section, until such time as there ha~been an opportunity.for a hearing or a waiver of said hearlng pursuant to Sections 5A.305(1) and 5A.306(1). Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 25, 1994 REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 12 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1276 for Monday, August 8, 1994 at 7:00 p.m. in the City Council Chambers. Roll call: All ayes e. First Readina - Ordinance No. 1275. Pertainina to the Housina MaintenanCe Code as it Relates to the Compliance Order and Postina to Prevent OccuDan¢~ 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. 1275 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, pERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter SA, Article III, Section 3, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 3: COMPLIANCE ORDER 5A.303(1) Whenever the Building Official determines that any .dwelling, dwelling unit or 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 thecorrection 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 or his/her agent or the occupant, as the case may require. Such notice shall be deemed to beproperly 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 REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 13 (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. is herewith amended to read, Section 3: COMPLIANCE ORDER 5A.303(1) Whenever the Building Official.determines that any dwelling, dwelling unit or 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) (b) (c) (u) Be in writing; Describe the location and nature of the violations of this Code; 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 of appeal; and Be served upon the owner or his/her agent, as the case may .require and upon the tenant(s) of the affected dwelling or dwelling units. Such notice shall be deemed to beproperly served upon such owner or agent, if a copy thereof is: (i) (ii) (iii) Served upon him/her personally, Sent by certified mail return receipt requested to his/her last known address, or 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. SECTION 2: Chapter SA, Article III, Section 4, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 4: Posting to Prevent Occupancy 5A.304(1) The Building Official may post any building or structure covered by this ordinance as being in direct violation of the ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be Corrected within a certain stated period of time and that the corrections have notbeen made. REGULAR COUNCILMEETING JULY 25, 1994 PAGE 14 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 i~inent danger to the health or safety of the occupants. No person, other than the Building Official or his representative, shall remove or ~amper 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. is herewith amended to read, Section 4: Posting to Prevent OccuPancy 5A.304(1) The Building Official may post any building or'structure covered by this ordinance as being in direct violation of the ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified, ~y inspection report, of the items which must be corrected within a certain stated period of time, and that the corrections have not been made. Upon' the posting of any-dwelling or dwelling unit(s), the tenantor occUpant of said dwelling or dwelling unit(s),shall not'more than 60 days to vaca:e a pos=em p p y _ occupants shall vacate posted property immediately if such Occupancy will cause imminent danger to the heal.th or safety of the occupants. No person, other than the Building Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to'beoccupied any building, structure or dwelling which has beeh posted to prevent occupancy. SECTION 3: Chapter SA, Article 4, Section 8 of Ordinance No. 853, as amended, which currently reads as follows, to wit: Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed underthis section may be revoked or suspended upon a finding of non-compliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and Suspension procedures shall be those prescribed in Chapter 5 of the City Code. REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 15 iS herewith amended to read: 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 non-compliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompaniednb~wan amount equal to 50% ~f the license fee. Issuance of a license after suspenszon or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code, additionally however, a Statement of Cause and a Notice of Public Hearing shall also be served upon each tenant or occupant of the affected dwelling or dwelling unit(s). At said public hearing the tenant(s) or occupants shall be given an opportunity to be heard by the City Council. SECTION 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 25, 1994 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1275 for Monday, August 8, 1994 at 7:00 p.m.'in the City Council Chambers. Roll call: Ail ayes OLD BUSINESS a. Award Contract for Legal Services The City Manager reviewed the fees schedules and proposals received from two law firms. He advised that the current City Attorney contract will be terminated as soon as possible although there may be some on-going litigation. Prosecutions are expected to end by October 1st. Motion by Peterson, second by Jolly to award the contract to Barna, Guzy, Steffen, Ltd. for the City of Columbia Heights' general legal representation and city prosecution services and authorize the Mayor and City Manager to enter into a contract for same, subject to the inclusion of language the firm acknowledges and agrees that the City is not bound to employ the services of the firm on an exclusive basis, but may seek supplemental representations at its absolute discretion. Roll call: Jolly, Nawrocki, Peterson, Sturdevant - aye Ruettimann - abstain REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 16 9. NEW BUSINESS a. Award of Demolition of 3950 Second Street Northeast Motion by Peterson, second by Ruettimann to award the demOlition of 3950 Second Street Northeast to Ray Anderson and Sons Co. Inc., based upon their low, qualified responsible quote in the amount of '$5,400 with funds to be appropriated from Fund 415~59407-3050, and furthermorg, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes b. Award Overhead Doors - Fire DeDartment There was discussion regarding the inclusion of the R-value in the bid specifications. Motion" by Peterson, secon9 by Ruettimann to award ~he installation of .overhead high R-value doors for the Fire Department to Twin City Doors, based on their low, qualified responsible quote in the amount of $8,814.00 with funds to be appropriated from Fund 411-41540-5120, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - abstain c. Award of Rubber Surfaced Crossing Materials. Pro~ect Motion by Ruettimann, second by Peterson to award the surface crossing material purchase Municipal Project ~9402, to OMNI Products, Inc., of McHenry, I111nois, based upon their low, qualified responsible quote in the amount of $7,992.00 with fUnds to be appropriated from FUnd 402-59402-2160, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes d. Approval of Restated Six Cities Watershed Management OrganiZation Joint Powers A~reement Motion by Ruettimann, second by Peterson to approve the Restated Joint Powers Agreement for the Six Cities Watershed Management OrganizatiOn dated May 20, 1994, and furthermore, to authorize the Mayor and City Manager to sign the agreement. Roll call: All ayes REGULAR COUNCIL MEETING JULY 25, 1994 PAGE 17 e. Establish Work Sessions Motion by Ruettimann, second by Nawrocki to establish work sessions on August l, 1994 at 8:00 p.m.; August 9, 1994 at 7:00 p.m.; August 16, 1994 at 7:00 p.m. and August 29, 1994 at 6:30 p.m. Roll call: Ail ayes a. Report of the City Manager The City Manager's report was submitted in written form. b. Report of the city Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Nawrocki, second by Ruettimann to meeting at 11:10 p.m. Roll call: All ayes adjourn the Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting of August 8, 1994 AGENDA SECTION: Public Hearings/ ORIGINATING DEPARTMENT: CITY MANAGER ~ Ordinances & Resolutions Fire APPROVAL NO: ITEM: Hearing for Revocation, Suspension, BY: Lowell DeMars ~j[ BY~E.~~ and/or other appropriate disposition of Rental License DATE: August 2, 1994 DA Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Gerald R. Anderson regarding rental property at 5049/5t Jackson Street NE. The license is identified by number 20232. The property has been unlicensed since January 1, 1994. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- ample copies available to the public. , there being RECOMMENDED MOTION: Move to adopt Resolution No. 94- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Gerald R. Anderson Regarding Rental Property at 5049/51 Jackson Street NE. 94-116 COUNCIL ACTION: RESOLUTION 94- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLU~IA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY Gerald R. Anderson (HEREAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5049/51 Jackson Street NE , COLUMBIA HEIGHTS, MINNESOTa, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1) (A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON July 26 , 19 94, OF A PUBLIC HEARING TO BE HELD ON Aucust 8 , 19 94. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 21 , 19 94, Enforcement Officer, Lowell DeMars , for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 5049/51 Jackson Street NE , within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Gerald R. Anderson 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to wit. See Attached Compliance Order 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1) (d). CONCLUSIONS OF COUNCIL 1. That the building located at 5049/51 Jackson Street NE is in violation of the provisions of the Columbia HeighEs City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number 20232 is hereby revoked/suspcnded (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first date of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19__ MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUPBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 GERALD R. ANDERSON 9191 GARLAND ROAD DALLAS, TEXAS 75218 Date:July 26, 1994 STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSe) PLEASE BE ON NOTICE, that on the 8th day of August, 1994, at 7:00 pm, or as soon thereafter as the matter can be heard, in the City of Columbia Heights Council chambers, located at 590 40th Avenue NE, Columbia Heights, MN, the Columbia Heights City Council shall consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of GERALD R. ANDERSON_ STATEMENT OF CAUSE Your property located at 5049-51 JACKSON STREET NE, Columbia Heights, MN, was inspected on 6-1-92, 7-13-92, 8-21-92, 9-29-92, 11-4-92, 12-10-92, 6-21-93, 8-3-93, 10-12-93, 6-3--94, 7-12-94. On the above described dates Compliance Orders were issued which indicated that the followingviolations required corrective action: SEE ATTACHED COMPLIANCE ORDERS WHICH ARE INCORPORATED HEREIN BY REFERENCE FOR A DETAIL OF THE VIOLATIONS AND CORRECTIVE ACTION REQUIRED. As of this date JULY 21, 1994, the above outlined violations have not been corrected. Pursuant to Section 5A 408(3).of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or SA, or of state law, shall be prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee. PLEASE BE ON NOTICE that on the 8th day of August, 1994, at 7:00 p.m., or as soon thereafter as may be heard, the Columbia Heights City Council shall hold a Public Hearing to address the issue of revocation of your rental license. At the Public Hearing you will be given an opportunity to give testimony and. present evidence on the above set forth issues. Lowell G. DeMars Enforcement Officer PROEER Chief Columbia He ight s F ire Department Violations by Ins~ction From Date:O!-O!-!9~3 To Date:07-12-i~94 Date: 07-26-1994 (OP*WO1) OWNER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY ID: 20232 PROPERTY NAME/DESG:~v=~a~oz~ JACKSON OCCUPANCY ID: 1 ORGANIZATION NAME: INSPECTION DATE: 07-t2-1994 INSPECTION TYPE: DATE/NEXT tNSP: tNSP DISTRICT: 463 Violation Follow-up Number Reslv? Date Inspection Activity ANDER~DN DUPLEX RENTALS 94 Page ~: 28 CONTACT NAME: ANDERSON, GERALD R. OC~dP CONTACT: ANDERSON, GERALD R. START TIME: 1300 FINISH TIME: PARCEL NUMBER: Violation Warning In~unction Citation Code Sec Referred To Ltr Date Date Nu~oer SEWER SYSTEM 12 2 Violation Details: PROBLEM .... BATHROOM SINK LOOSE CORRECTIVE ACTION .... SHALL RESECURE BATHROOM SINK M.U.FoC. ~99F.18 07-12-1994 THE STATE FIRE MARSHAL, THE CHIEF ASSISTANT FtP~ MARSHAL, OR ANY DEPUTY FIF~ MARSHAL, ~0 FINDS IN ANY BUILDING OR UPON ANY P~M!SES ANY COMBUSTIBLE OR EXPLOSIVE MATERIAL, RUBBISH, RAGS, WASTE, OR INFk~MMABLE MATTER OF ANY KIND, EXCEPT LIQUIDS COVERED BY SECTION 299F.19, ENDANGERING THE SAFETY OF THE BUILDING OR PROPERTY OR OCCUPNATS THEREOF OR THE OCCUPANTS OF ADJOINING BUILDINGS SHALL ODER THESE MATERIALS REMOVED OR THE DANGEROUS CONDITION CORRECTED FORTHWITH. THIS ORDER SHALL BE IN WRITING AND DIRECTED GENERALLY TO THE OWNER, LESSEE, AGENT, OR OCCUPANT OF THE BUtLDIHG OR PREMISES AND ANY OWNER, LESSEE, AGENT, OR OCCUPANT UPON WHOM SUCH NOTICE SHALL BE SERVED ~0 FAILS TO COMPLY THEREWITH WITHIN 24 HOURS THEREAFTER, UNLESS THE ORDER PRESCRIBES A LONGER PERIOD WITHIN WHICH IT MAY BE COMPLIED WITH, SHALL BE GUILTY OF A MIsDEMeANOR, AND TH~ MATERIAL MAY BE P~MOVED OR DANGEROUS CONDITION CORRECTED AT THE EXPENSE OF THE OWNER OF THE BUILDING AND PREMISES OR THE PERSON %~ON WHOM THE SERVICE tS SO MADE, OR BOTH, AND THE STATE FIRE MARSHAL MAY MAINTAIN ALL NECESSARY ACTIONS FOR THE RECOVERY THEREOF. 13 PROBLEM .... 505t UNIT .... COMBUSTIBLE STORAGE tN BASEMENT. OLD FURNITURE, TIRES, ETC. CORRECTIVE ACTION .... SHALL REMOVE ALL COMBUSTIBLE STORAGE FROM BASEMENT 5 CITY ORDINANCE 5A.205.t.H 07-12-I994 Violation Details: FACILITIES TO FUNCTION. ALL EQUIPMENT, UTILITIES, CHIMNEY AND FLUE REQUIRED UNDER CITY CODE SHALL FUNCTtO~ EFFECTIVELY tN A SAFE, SOUND AND WORKING CONDITION. PROBLEM .... 505t UNIT .... HEATING DUCTS LOOSE/DAMAGED IN BASEMENT CORRECTIVE ACTION .... SHALL REPAIR/REPLACE HEATING DUCTS TOTAL VIOLATIONS: t3 PROBER Chief Co 1-~b i a He ight s Fire Department Violations by Inspection From Date:01-01-!993 To Date:07-!2-!994 Date: 07-26-1994 (OP*WOi) OWNER ID: 20232 PROPERTY ID: 20232 OWNER OROANtZATtON: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/51 JACKSON CONTACT NAME: ANDERSON, GERALD R. Page 27 OCCUPANCY ID: t ORGANIZATION NAME: ANDERSON DUPLEX RENTALS INSPECTION DATE: 07-12-1994 INSPECTION TYPE: ~ 94 OCCUP CONTACT: ANDERSON, GERALD R. START TIME: I300 FINISH TIME: DATE/NEXT tNSP: INSP DISTRICT: 463 PARCEL NUMBER: Violation Number Reslv? Follow-up Date Inspection Activity Violation Warning Injunction Citation Code Sec Referred To Ltr Date Date Number dwelling unit of a nonfunotioning smoke detector within 24 hours of discovering that the smoke detector in the dwelling unit is not functioning. If the occupant fails to inform the owner under this subdivision, the occupant's liability for damages is not greater than it otherwise would be. Subdivision 6 ..... Penalties (a) Any person who violates any provision of this section shall be subject to the same penalty and the enforcement mechanism that is provided for violation of the uniform fire code, as specified in section 299f.011, subdivision 6. (b) An occupant who willfully disables a smoke detector or causes it to be nonfunctioning, resulting in damage or injury to persons or property, is guilty of a misdemeanor. 10 5 Violation Details: PROBLEM .... 5051 UNIT .... SMOKE DETECTOR DAMAGED CORRECTIVE ACTION .... SHALL REPLACE SMOKE DETECTOR CITY ORDINANCE 5A.201.l.F 07-t2-1994 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. ll 5 Violation Details: PROBLEM .... 5051 UNIT .... SHOWER HEAD MISSING/DAMAGED CORRECTIVE ACTION .... SHALL INSTALL SHOWER HEAD CITY ORDINANCE 5A.201.l.E 07-!2-1994 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 HE 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 PRESSUP~, AND SHALL BE CONNECTED TO THE CITY Co 1-~b ia Date: 07-26-t994 (0P,W01) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: I INSPECTION DATE: 07-12-t994 DATE/NEXT INSP: Violation Follow-up Number Restv? Date Heights Fire Department Violations by Inspection From Date:O!-O!-!993 To Date:CT-!2-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS CONTACT N~E: AN~r'ERSON, GEP~LD R. PROPERTY NAME~ESC: 5049/5t JACKSON ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCU? CONTACT: ANDERSON, GERALD R. INSPECTION TYPE: 94 START TIME: 1300 FINISH TIME: INSP DISTRICT: 483 PARCEL NUMBER: Inspection Activity Violation Warning Injunction Citation Code Sec Referred To Ltr Date Date Number Rules, smoke detector location. The commissioner of public safety shall promulgate rules concerning the placement of smoke detectors in dwellings, apartment houses, hotels, and lodging houses, the rules shall take into account designs of the guest rooms or dwelling units. Subdivision Fire warning systems; dwellings. Every dwelling unit within a dwelling shall be provided with a smoke detector meeting the requirements of Underwriters Laboratories, inc. or approved by the International Conference of Building Officials. The detector shall be mounted in accordance with the rules regarding smoke detector location promulgated under ~he provisions of subdivision 2. When activated, the detector shall provide an alarm in the dwelling unit. Subdivision New construction; dwellings. In construction of a new dwelling, each smoke detector must be attached to a centralized power source. Subdivision 4. Fire warning systems; apartment houses, lodging houses, and hotels. Every dwelling unit ~ithin an apartment house and every guest room in a lodging house or hotel used for sleeping purposes shall be provided with a smoke detector conforming to the requirements of Underwriters Laboratories, Inc., or approved by the International Conference of Building Officials. tn dwelling units, detectors shall be mounted in accordance with the rules regarding smoke detector location promulgated under the provisions of subdivision 2~ When acuated, the detector shall provide an alarm in the dwelling unit or guest room. Subdivision 5. Maintenance responsibilities. For all occupancies covered by this section where the occupant is not the owner of the dwelling unit or the guest room, the owner zs responsible for maintenance of the smoke detectors. An owner may file inspection and maintenance reports with the local fire marshal for establishing evidence of inspection and maintenance of smoke detectors. Subdivision Sa. Inform owner; no added liability. The occupant of a dwelling unit must inform the owner of the PROBER ~ief Col-~bia Date: 07-26-t994 (OP*WO1) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 07-12-1994 DATE/NEXT INSP: Violation Number Reslv? Heights Fire Department Violations by Inspection From Date:Ol-Ol-!993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/51 JACKSON ORGANIZATION NAME: ANDERSON DUPLEX RENTALS INSPECTION TYPE: 94 INSP DISTRICT: 463 Follow-up Date Inspection Activity CONTACT NAME: ANDERSON, GERALD R. Violation Code Sec Page ~: 25 OCCUP CONTACT: ANDERSON, GERALD R. START TIME: 1300 FINISH TIME: PARCEL NUMBER: Warning In~unotion Citation Referred To Ltr Date Date Number 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. PROBLEM .... 5051 UNIT .... OPEN ELECTRICAL JUNCTION BOX ABOVE STOVE CORRECTIVE ACTION .... SHALL INSTALL COVER ON JUNCTION BOX 9 5 CITY ORDINANCE 299F.362 07-12-1994 Violation Details: Subdivision 1 ..... SMOKE DETECTORS. DEFINITIONS. For the purposes of this section, the following definitions shall apply: (a)...'Apartment house" is any building or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments. (h)..."Dwe!ling" is any building, or any portion thereof, which is not an apartment house, lodging house, or a hotel and which contains one or two "dwelling units" which are, or are intended or designed to he , occupied for living purposes. (c)...'Dweltlng unit~ is a single unit providing complete, independent living facilities for one or more persons including porzanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or ~ore persons for sleeping and sanitation pursuant to a work practice or labor agreement. (d)..."Hotelu is any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to he occupied, or which are occupied for sleeping purposes by guests. (e)...%odging house" is any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, ~oods, labor, or otherwise. Subdivision 2. Co l-,_xn~b i a Heights Fire Department Violations by Inspection From Date:Oi-Ol-1993 To Date:O7-12-!994 Date: 07-26-t994 (OP*WOt} OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 07-12-t994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/51 JACKSON ORGANIZATION MANE: ANDERSON DUPLEX RENTALS INSPECTION TYPE: 94 CONTACT NAME: ANDERSON, GERALD R. OCCUP CONTACT: ANDERSON, GERALD R. START TIME: I300 FINISH TIME: Page ~: 24 DATE/NEXT tNSP: INSP DISTRICT: 483 PARCEL NUMBER: Violation Number Restv? Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number M3.TERtALS. EVERY INTERIOR WALL AND CEILING SHALL BE MAINTAINED IN A TIGHT WEATHERPROOF CONDITION AND MAY NOT BE COVEP~D 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. 5 Violation Details: PROBLEMS: i .... 505t UNIT .... ENTIRE UNIT HAS ~LTtPLE HOLES IN THE WALLS 2 .... 505t UNIT .... DAMAGED WALLS AT BASE OF STAIRWELL CORRECTIVE ACTIONS .... SHALL REPAIR, SAND SMOOTH AND PAINT ALL WALLS AND CEILINGS OF UNIT CITY ORDINANCE EA. 203.1.D 07-12-t994 ELECTRICAL SERVICE, OUTLETS AND FIXTURES. EMERY DWELLING UNIT AND ALL PUBLIC AND COMMON AREAS SHALL BE SUPPLIED WiTH ~NCT!ONING ELECTRICAL SERVICE, FUNCTIONING OVERCURRENT PROTECTION DEVIvE0, FUNCTIONING ELECTRICAL OUT,~ETS, AND ENCTIONtNG 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(t}. THE MINIMUM CAPACITY OF SUCH ELECTRICAL 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 BP~NCH ELECTRIC CIRCUIT FOR EACH SIX HUNDRED (600) SQUARE FEET OF DWELLING UNIT FLOOR AREA. (iii) EVERY HABITABLE ROOM SHALL HAVE AT LEAST THE LESSOR OF TWO FLOOR OR WALL TYPE ELECTRIC CONVENIENCE OUTLETS OR ONE SUCH OUTLET FOR EACH SIXTY (60) SQUARE FEET OR F~CTION THEREOF OF TOTAL FLOOR AREA; PROVIDED, HOOVER, THAT ONE CEILING OR WALL-TYPE LIGHT FIXTURE MAY BE SUBSTITUTED FOR ONE REQUIRED ELECTRIC OUTLET. (iv) EVERY WATER CLOSET COMPARTMENT, BATHROOM, KITCHEN, LAUNDRY ROOM, AND ~RNACE 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 tN EVERY RENTAL D~LLING SHALL BE EFFECTIVELY ILLUMINATED BY NATURALOR ELECTRIC LIGHT AT ALL TIMES. IN STRUCTURES CONTAINING NOT MORE THAN TWO DWELLING PROBER ~ief Co l~nb i a He ight s Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-12-1994 Date: 07-26-!994 (0P,W01) OWNER ID: 20232 0~ER ORGANIZATION: ~DERSON DUPLEX ~NTALS Page ~: 23 CONTACT NAME: ANDERSON, GERALD R. PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/51 JACKSON OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX PZN?ALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION DATE: 07-12-1994 INSPECTION TYPE: 94 START TIME: lSO0 FINISH TIME: DATE/NEXT INSP: INSP DISTRICT: 463 PARCEL NUMBER: Violation Number Reslv? Follow-up Violation Date Inspection Activity Code Sec Warning Injunction Citation Referred To Ltr Date Date Number AND ACCESSORY BUID!NGS, ~HtCH 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 ~E PARKING OF VEHICLES OR STORAGE OR DISPLAY OF MATERIALS, SUPPLIES OR MERCHANDISE. ii) SLOPES AND BERMS. FINAL GRADES WITH A SLOPE RATIO GREATER THAN ~HRRE (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 THE 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 SODDIRG SHALL BE REPLACED IN ACCORDANCE WITH THIS CODE. ALL TREES OR OTHER VEGETATION ~HICH SPRING UP IN CREVICES BY FOUNDATtONH MUST BE PROHPTLY 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 I~EDtATHLY ADUACENT TO ANY DRIVEWAY OR ROAD INTERSECTION IF SUCH LANDSCAPINH 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 SUBUECT TO CHAPTER 4, ARTICLE ti, SECTION S OF THE COLUMBIA HEIQHTS CITY CODE, ~!CH IS INCORPORATED HEREIN BY REFERENCE. PROBLEMS: 1 .... BARE AREAS OF SIDE YARD 2 .... SCRUB GROWTH IN REAR OF PROPERTY CORRECTIVE ACTIONS: 1 .... SHALL SOD AND MAINTAIN BARE AREAS OF YARD 2 .... SHALL REMOVE ALL SCRUB GROWTH FROM PROPERTY 5 Violation Details: CITY ORDINANCE 5A.205.I.C 07-12-1994 FLOORS, INTERIOR WALLS AND CEILINGS. EVERY FLOOR, IN?ERIORWALL AND CEILING SHALL BE PROTECTED AGAINST THE PASSAHE 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 Heights Fire Department Violations by Inspection From Date:Oi-O!-!993 To Date:O?-!2-!994 Date: 07-26-t994 (OP*WOI) OWNER ID: 20232 PROPERTY ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/5i JACKSON CONTACT NAME: ANDERSON, GERALD R. Page 22 OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS INSPECTION DATE: 07-12-1994 INSPECTION TYPE: 94 OCCUP CONTACT: ANDERSON, GERALD R. START TIME: I300 FINISH TIME: DATE/NEXT INSP: !NSP DISTRICT: 463 PARCEL NUMBER: Violation Number Reslv? Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number RAIN WATER FROM CAUSING DAMPNESS IN ~E 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. 5 Violation Details: PROBLEMS: 1 .... SOFFIT, FACtA PAINT PEELING 2 .... BASEMENT MOIST. WATER PROBLEM CORRECTIVE ACTIONS: 1 .... SHALL SCRAPE AND PAINT SOFFIT AND FACtA 2 .... SHALL RESEARCH SOURCE OF WATER PROBLEM. NECESSARY CORRECT PROBLEM. DRAIN TILE SYSTEM MAY BE CITY OP~!NANCE 5A.20!.t.C 07-t2-1994 FOOD STOP, GE AND PREPARATION. EACH UNIT MUST CONTAIN AN OPERATIONAL AND FUNCTIONING STOVE FOR COOKING FOOD AND A REFRIGE~TOR FOR THE SAFE STORAGE OF FOOD ~ICH AR~ PROPERLY INSTALLED WITH Ann 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 ~FRtGERATOR ON OCCUPANCY. IF THE OCCUPANT tS REQUIRED TO FURNISH A STOVE OR REFRIGERATOR, SUFFICIENT SPACE AND ADEQUATE FUNCTIONING CONNECTIONS FOR THE INSTALLATION AND OPEP3.TtON OF T~ STOVE AND REFRIGEP~.TOR MUST EXIST. PROBLEM .... KITCHEN COUNTERTOP, END CAPS MISSING CORRECTIVE ACTION .... SHALL INSTALL ENDCAPS ON KITCHEN COUNTERTOP 5 CITY ORDINANCE 5A.207.1.B 07-12-t994 Violation Details: SODDING - GROUND COVER .......... EVERY YARD OF ANY PREMISES ON WHICH A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND MAINTAINED LANDSCAPING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. i) SODDtNO AND GROUND COVER. ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE BUILDING PROB~ ~ief Col-~%~bia He ights Fire Department Violations by Inspection From Date:Ol-Ol-1993 To Date:07-12-1994 Date: 07-26-t994 (OP*WO1) Page $: 21 OWNER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS CONTACT NAME: ANDERSON, GERALD R. PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/51 JACKSON OCCUPANCY ID: t ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OC~P CONTACT: ANDERSON, GEP~LD R. INSPECTION DATE: 07-I2-1994 INSPECTION TYPE: 94 START TIME: 1300 FINISH TIME: DATE/NEXT INSP: INSP DISTRICT: 463 PARCEL NUMBER: Violation Number Restv? Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number BET. C) ALL REQUIRED PARKING SPACES BUST BE SURFACED WITH ASPHALT OR CONCRETE. D) CURB GUARDS AND/OR GUARDRAILS MUST RE PROVIDED FOR PARKING SPACES SITUATED ABOVE RETAINING WALLS. E) AN UNOBSTRUCTED PATH MUST RE PROVIDED BETWEEN PARKING AREAS AND THE DWELLING UNIT. F) LIGHTING MUST BE PROVIDED FOR PARKING AREAS AND WALKWAYS BETWEEN ~HE PARKING AREA AND THE DWELLING UNIT tN 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 I 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 BL]ILDIHGS 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, 1S97. 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 HEIHHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. PROBLEM .... DRIVEWAYS DETERIORATED CORRECTIVE ACTION .... SHALL RESURFACE DRIVEWAYS 5 Violation Details: CITY ORDINANCE 5A.205.1.A 07-12-1994 THE FOUNDATION, EXTERIOR WALLS AND EXTERIOR ROOF SHALL BE WATER TIGHT AND PROTECTED AGAINST VERMIN AND RODENS 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 HTRUCTURAL 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 ARS SHALL BE ADEQUATE TO PREVENT P~O~R'Chief Co lz.zn-~bia He ights Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-!2-1994 Date: 07-28-1994 (OP*WOt) OWNER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS Page ;: 20 CONTACT NAME: ANDERSON, GERALD R. PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/51 JACKSON OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCUP CONTACT: ANDERSON, GEraLD R. INSPECTION DATE: 07-t2-1994 INSPECTION TYPE: 94 START TIME: 1300 FINISH TIME: DATE/NEXT tNSP: INSP DISTRICT: 463 PARCEL NUMBER: Violation Number Restv? Follow-up Date Inspection Activity Violation Warning Injunction Citation Code Sec Referred To Ltr Date Date Number ? .... 5051 UNIT .... SIDE ENTRY DOOR HAS NO HANDLE (NE~ VIOLATION) 8 .... 5051 UNIT .... SIDE AND FRONT DOORS HAVE NO DEADDOLT LOCKS (NH VIOLATION) 9 .... 5051 UNIT .... SIDING ON NORTH PORCH SIDE DOOR DETERIORATED (NEW VIOLATION) 10...5051 UNIT .... BASEMENT WINDOWS COVERED WITH PLYWOOD (NM VIOL? 11...5049 UNIT .... BASEMENT WINDOWS COVERED WITH PLYWOOD 5 Violation Details: CORRECTIVE ACTIONS: 1 .... 5049 2 .... 5049 3 .... 5049 4 .... 5049 5 .... 5049 6 .... 505! 7 .... 505t A~D FRONT 8 .... 505t 9 .... 505t GLASS t0...5049 GLASS UNIT. UNIT. UNIT. UNIT. UNIT. UNIT. ...REPAIR/REPLACE WINDOW LOCKS ...STAIN/VARNISH/PAINT FRONT ENTRY DOOR ...INSTALL STO~ WINDOWS WHERE MISSING ...INSTALL MISSING WINDOW SCREENS ...SHALL REPLACE DAMAGED/MISSING DOOR TO BASEMENT ...SHALL INSTALL DOOR HANDLE ON SIDE DOOR UNIT .... INSTALL T~BTUk~ (INTERIOR) STYLE DEADBOLT LOCK ON SIDE DOORS UNIT .... SHALL REPAIR AND PAINT SIDING ON NORTH SIDE POORCH DOOR UNIT .... SHALL REMOVE PLYWOOD FROM HASEMENT WINDOWS. INSTALL UNIT .... SHALL REMOVE PLYWOOD FROM BASEMENT WINDOWS. INSTALL CITY ORDINANCE 5A.208.1 07-12-1994 REQUIRED OFF-STREET PARRING ........... NO PERSON SHALL OCCUPY AS AN OWNER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY ANY DWELtNG 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 PARRING AS DEFINED IN SECTION 9.118(4) OF T~E CITY CODE. ADDITIONALLY, ANY BUILDING OR STRUCTURE !R EXISTENCE UPON THE EFFECTIVE DATE OF T~IS ORDINANCE WHICH DOES NOT CURRENTLY COMPLY WITH THE PARKING REQUIREMENTS OF SECTION 9.1t8(4), HUT DOES HAVE THE NECESSARY SPACE TO PROVIDE THE REQUIRED PARKING SHALL BE REQUIRED TO EXPAND THE PROVIDED PARKING tN ACCORDANCE WITH THE CODE BY JULY t, 1997. REQUIRED PAREIN8 SPACE MUST HAVE A MINIMUM WIDTH OF 9 FEET ~ND A MINI~JM LENGTH OF 20 PROBER Chief Co l~ttnb i a Date: 07-26-t994 (OP*WOt) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: t INSPECTION DATE: 07-12-1994 DATE/NEXT INSP: Violation Number Restv? He ight s Fire Department Violations by Ins~ction From Date:Ol-Ol-1993 To Date:OT-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME~ESC: 5049/5! JACKSON ORGANIZATION NAME: INSPECTION TYPE: INSP DISTRICT: 463 Follow-up Date Inspection Activity ANDERSON DUPLEX RENTALS CONTACT NAME: ANDERSON, GERALD R. Violation Code Sec Page ~: 19 OCCUP CONTACT: ANDERSON, GERALD R. STAR, TIME: 1300 FINISH TIME: PARCEL NUMBER: Warning Injunction Citation Referred To Ltr Date Date Number 5 CITY ORDINANCE §A 202.1.C 07-12-1994 Violation Details: ALL INGRESS, EGRESS AND INTERIOR DOORS SHALL BE KEPT FREE OF HOLES AND/OR PUNCTURES AND IN GOOD REPAIR. Violation Details: PROBLEMS: 1 .... 5049 UNIT .... ALL THREE BEDROOM DOORS UNFINISHED 2 .... 5049 UNIT .... ALL THREE BEDROOM DOORS, KNOBS LOOSE 3 .... 5049 UNIT .... LIVING ROOM CLOSET DOORKNOB NOT WORKING 4 .... 5049 UNIT .... LIVING ROOM CLOSET DOOR UBFtNtSHED 5 .... 5049 UNIT .... DOOR TO BASEMENT UNFINISHED 8 .... 5051 UNIT .... BOTH BEDROOM DOORS MISSING HANDLES AND LATCHES VIOLATION) (NEW CORRECTIVE ACTIONS: 1 .... 5049 UNIT .... APPLY FINISH TO ALL UNFINISHED DOORS 2 .... 5049 UNIT .... REPAIR/REPLACE ALL ABOVE DESCRIBED DOORKNOBS AND LATCHES CITY ORDINANCE 5A 205.1.B 07-12-1994 WINDOWS, DOORS AND SCREENS. EVERY WINDOW, EXTERIOR DOOR AND HATCHWAY SHALL BE TIGHT AND SHALL BE KEPT IN GOOD REPAIR. EVERY WINDOW OTHER THAN A 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 ADSACENT WALL CONSTRUCTION AS TO COMPLETELY EXCLUDE RAIN, VERMIN, RODENTS, AND INSECTS FROM ENTERING THE BUILDINH PROBLEMS: 1 .... 5049 UNIT .... WINDOWS THAT HAVE LATCH DEVICES DO NOT LATCH 2 .... 5049 UNIT .... FRONT ENTRY DOOR PRIMED ONLY $ .... 5049 UNIT .... SOUTHEAST BEDROOM MISSING STORM WINDOWS 4 .... 5049 UNIT .... LIVING ROOM MISSING STORM WINDOW 5 .... 5049 UNIT .... KITCHEN WINDOWS MISSING SCREENS 6 .... 5049 UNIT .... DOOR TO BASEMENT MISSING/DAMAGED (NEW VIOLATION) ~ROEER C-qaief (~2~ol-b~bia He ight s Fire Department Violations by Inspection From Date:Oi-O!-1993 To Date:07-!2-!994 Date: 07-26-1994 (OP*WOi) Page $: 18 OWNER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS CONTACT NA~: ANDERSON, GERALD R. PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/51 JACKSON OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION DATE: 06-03-t994 INSPECTION TYPE: 94 START TIME: ~300 FINISH TIME: DATE/NEXT INSP: 07-12-!994 INSP DISTRICT: 463 PARCEL NUMBER: Violation Number Reslv? Follow-up Date Inspection Activity Violation Warning Injunction Citation Code Sec Referred To Ltr Date Date Number ~TICLE t!, SECTION 3 OF THE COL~B!A HEIGHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. PROBLEMS: 1 .... BARF AREAS OF SIDE YARD 2 .... SCRUB GROWTH IN REAR OF PROPERTY CORRECTIVE ACTIONS: 1 .... SHALL SOD AND MAINTAIN BARE AREAS OF YARD 2 .... SHALL REMOVE ALL SCRUB GROWTH FROM PROPERTY TOTAL VIOLATIONS: 6 PROBER ~ief Co l~ur~bia Heights Fire Department Violations by Inspection From Date:0!-01-1993 To Date:07-12-1994 Date: 07-26-!994 (OP*WO1) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 OWNER ORGANIZATION: ANDERSON ~PLEX RENTALS PROPERTY N~E/DESC: 5049/51 JACKSON ORGANIZATION NAME: ANDERSON ~PLEX RENTALS CONTACT NAME: ANDERSON, GE~LD R. OCCUP CONTACT: ANDERSON, GERALD R. Page 17 INSPECTION DATE: 06-03-i994 INSPECTION TYPE: START TIME: 1300 FINISH TIME: DATE/NEXT INSP: 07-12-1994 INSP DISTRICT: 463 PARCEL NUMBER: Violation Number Reslv? Follow-up Violation Warning Injunction Citation Date Inspection Activity Code See Referred To Ltr Date Date Number COOKING FOOD AND A REFR!GEHATOR ~R ~E SAFE STOHAGE OF FOOD WHICH ARE PROPERLY INSTALLED WITH ALL NECESSARY CONNECTIONS FOR SAFE, S~ITARY 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 RE~IG~TOR ON OC~PANCY. IF THE OCCUPANT IS REQUIRED TO FUP~ISH A STOVE OR REFRIGERATOR, SUFFICIENT SPACE AND ADEQUATE ~N~ION!NG CONNECTIONS FOR THE INSTALLATION AND OPERATION OF THE STOVE AND REFRIGERATOR MUST EXIST. PROBLEM .... KITCHEN COUNTERTOP, END CAPS MISSINg CORRECTIVE ACTION .... SHALL INSTALL ENDCAPS ON KITCHEN COUNTERTOP 07-i2-I994 5 CITY ORDINANCE 5A.207.1.B 08-03-1994 Violation Details: SODDING - GROUND COVER .......... EVERY YARD OF ANY PREMISES ON WHICH A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND MAINTAINED LANDSCAPING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. i) SODDING AND GROUND COVER. ALL EXPOSED 8ROUND AREA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY BUID!NGS, WHICH ARE NOT DEVOTED TO DRIV~AYS, 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 MERCHANDIHE. ii) SLOPES AND BERMS. FINAL GRADES WITH A SLOPE RATIO GREATER THAN THREE (3) TO ONE (1) WILL NOT BE PEtMITTED WITHOUT SPECIAL APPROVED TREATMENT SUCH AS SPECIAL SEED MIXTURES OR REFORESTATION, TERRACING, OR RETAINING WALLS. BERMING USED TO PROVIDE THE 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 ~ICH 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, PROBER Chief Co 1-~b i a Date: 07-26-t994 (OP*WOI) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: i INSPECTION DATE: 06-03-1994 DATE/NEXT INSP: Violation Number Reslv? He ight s Fire Department Violations by Inspection From Date:Of-O!-!993 To Date:07-!2-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/51 JACKSON CONTACT NAME: ANDERSON, GERALD R. Page ~: i6 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION TYPE: 94 START TIME: 1300 FINISH TIME: 07-12-1994 tNSP DISTRICT: 463 PARCEL NUMBER: Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number ACCESS TO TENANT PARKING SHALL BE HARD SURFACED WI~ ASPHALT OR CONCRETE BY JULY t, 1997. t) CO~ERCIAL VEHICLES AND JUNK CARS. COMMERCIAL VEHICLES AND JUNE CARS SHALL BE REGULATED tN ACCORDANCE WITH CHAPTER V, ARTICLE II, SECTION 5 OF THE COLUMBIA HEIGHTS CITY CODE, ~!CH tS INCORPORATED HEREIN BY REFERENCE. 4 07-t2-t994 5 Violation Details: 5 07-I2-t994 5 ~olatlon ~etails: PROBLEM .... DRIVEWAY DETERIORATED COR~RECTIVE ACTION .... SHALL RESURFACE DRIVEWAY CITY ORDINANCE 5A.205.I.A 06-03-1994 THE FOUNDATION, EXTERIOR WALLS AND EXTERIOR ROOF SHALL BE WATER TIGHT AND PROTECTED AGAINST VE~!N AND RODENS 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 ~IOH MtOHT 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 ~ICH ADMIT RAIN OR ROOF DRAINAGE ANS SHALL BE ADEQUATE TO PREVENT RAIN WATER FROM CAUSING DAMPNESS IN ~E 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 OFT HE POINTING OF ANY BRICK, BLOCK OR STONE WALL IS LOOSE OR HAS FALLEN OUT, THE SURFACE SHALL BE PROTECTED AS HERETOFORE PROVIDED. PROBLEMS: 1 .... SOFFIT, FACtA PAINT PEELING 2 .... BASEMENT MOIST. WATER PROBLEM CORRECTIVE ACTIONS: 1 .... SHALL SCRAPE AND PAINT SOFFIT AND FACIA 2 .... SHALL RESEARCH SOURCE OF WATER PROBLEM. NECESSARY CORRECT PROBLEM. DRAIN TILE SYSTEM MAY BE CITY ORDINANCE 5A.20t.!.C 06-03-t994 DOD STORAGE ARD PREPARATION. EACH U~IT ~UST CONTAIN AN OPE~TtONAL AND FUNCTIONING STOVE FOR PROBER ~ief Co l',~b i a He ight s Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-!2-1994 Date: 07-26-1994 (OP*WOt) O~ER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS Page ~: 15 CONTACT NAME: ANDERSON, GEP~LD R. PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/51 JACKSON OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX ~NTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION DATE: 06-03-t994 INSPECTION TYPE: 94 START TIME: 1300 FINISH TIME: DATE/NEXT INSP: 07-12-1994 INSP DISTRICT: 46S PARCEL NUMBER: Violation Number Reslv? Follow-up Violation Warning In3unction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number 1 .... 5049 UNIT .... REPAIR/REPLACE WINDOW LOCKS R .... 5049 UNIT .... STAIN/VARNISH/PAINT FRONT ENTRY DOOR 3 .... 5049 UNIT .... INSTALL STORM WINDOWS WHERE MISSING 4 .... 5049 UNIT .... INSTALL MISSING WINDOW SCREENS 07-12-1994 5 Violation De(ails: CITY ORDINANCE 5A.208.! 06-03-1994 REQUIRED OFF-STREET PARKING ........... NO PERSON SHALL OCCUPY AS AN OWNER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY ANY D~ELING OR DWELLING UNIT FOR THE PURPOSES OF LIVING, SLEEPING, COOKING OR EATING THEREIN WHICH tS LOCATED ON PREMISES ~ICH 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 tN EXISTENCE UPON ~E EFFECTIVE DATE OF THIS ORDINANCE WHICH DOES NOT CURRENTLY COMPLY WITH THE PARKING REQUIREMENTS OF SECTION 9.116(4), HUT DOES HAVE THE NECESSARY SPACE TO PROVIDE THE REQUIRED PARKING SHALL BE REQUIRED TO EXPAND THE PROVIDED PARKING IN ACCORDANCE WITH THE CODE BY 8ULY 1, 1997. B) THE REQUIRED PARKING SPACE MU~ HAVE A MINIMUM WIDTH OF 9 FEET A~D A MINIMUM LENGTH OF 20 FEET. C) ALL REQUIRED PARKING SPACES MUST BE SURFACED WITH ASPHALT OR CONCRETE. D) CURB GUARDS AND/OR GUARDRAILH MU~ BE PROVIDED FOR PARKING SPACES SITUATED ABOVE RETAINING WALLS. E) AN UNOBSTRUCTED PATH MUST BE PROVIDED B~WEEN PARKING AREAS AND ~HE DWELLING UNIT. F) LIGHTING MUST BE PROVIDED FOR PARKING AREAS AND WALKWAYS BETWEEN ~E PARKING AREA AND THE DWELLING UNIT tN DWELLINGS CONSISTING OF THREE (S) OR MORE UNITS. LIGHTING MUST BE AVAILABLE FOR PARKING AREAS AND WALKWAYS BE~WREN THE PARKING AREA AND THE DWELLING UNIT FOR DWELLINGS OF TWO (R) OR LESS UNITS. G) IN DWELLINGS OF THREE (3) OR MORE UNITS, PARKING AREAS AND PEDESTRIAN WALEWAYS 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 ARRAS AND/OR ACCESS WAYS TO BUILDINGS MUST BE MAINTAINED AND KEPT IN GOOD REPAIR. tN CASES OF TENANT PARRING AREAS ALL PARKING STALLS AND DRIVEWAYS WITH Chief l-,_x~nb i a Date: 07-26-t994 (OP~WO1) O~ER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 06-03-1994 DATE/NEXT INSP: Violation N~ber Restv? He ights Fire Department Violations by Inspection From Date:O!-01-1993 To Date:07-12-!994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPER~ NAME~ESC: 5049/51 JACKSON CONTA~ NAME: ANDERSON, GERALD R. Page ~: t4 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCU? CONTACT: ANDERSON, GEHALD R. INSPECTION TYPE: ~4 STA~ TIME: t300 FINISH TIME: 07-12-1994 tNSP DISTRICT: 483 PARCEL NUMBER: Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number 07-t2-1994 5 CITY ORDINANCE 5A R02.I.C 08-03-1994 Violation Details: ALL INGRESS, EGRESS AND INTERIOR DOORS SHALL BE KEPT FPJE OF HOLES AND/OR PUNCTURES AND IN GOOD REPAIR. 07-12-t904 5 Violation Details: i .... 5049 UNiT .... ALL THREE BEDROOM DOORS UNFINISHED 2 .... 5049 UNIT .... ALL THREE BEDROOM DOORS~ KNOBS LOOSE 3 .... ~049 UNIT .... LIVING ROOM CLOSET DOORENOB NOT WORKING 4 .... 5049 UNIT .... LIVING ROOM CLOSET DOOR UBFINISHED ~ .... 5049 UNIT .... DOOR TO BASEMENT UNFINISHED CORRECTIVE ACTIONS: 1 .... 5049 UNIT .... APPLY FINISH TO ALL UNFINISHED DOORS 2 .... 5049 UNIT .... REPAIR/REPLACE ALL ABOVE DESCRIHED DOORENOHS CITY ORDINANCE 5A RO5.1.B 06-03-t994 WINDOWS, DOORS AND SCP~ENS. EVERY WINDOW, ~ZTER!OR DOOR AND HATCHWAY SHALL BE TIGHT AND SHALL HE KEPT IN GOOD REPAIR. EVERY WINDOW OTHER THAN A FIXED WINDOW SHALL BE CAPABLE OF BEING EASILY OPENED AND SHALL BE E~UIPPED WITH SCREENS BETWEEN MAY i AND SEPTEMBER 80, INCLUSIVE, OF EACH YEAR. EVERY WINDOW, DOOR AND FR~E SHALL BE CONSTRU~ED AND MAINTAINED IN SUCH RELATION TO THE ADJACENT WALL CONSTRUCTION AS TO COMPLETELY EXCLUDE RAIN, VEi~IN, RODENTS, AND INSECTS FROM ENTERING THE BUILDING PROBLEMS: 1 .... 5049 UNIT .... WINDOWS THAT HAVE LATCH DEVICES DO NOT LATCH 2 .... 5049 UNIT .... FRONT ENTRY DOOR PRIMED ONLY 3 .... 5049 UNIT .... SOUTHEAST BEDROOM MISSING STORM WINDOWS 4 .... 5049 UNIT .... LIVING ROOM MISSING STOP~ WINDOW 5 .... 5049 UNIT .... EITCHEN WINDOWS MISSING SCREENS CORRECTIVE ACTIONS: PROBER ~ief Co 1-ux~b i a He ight s Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-12-1994 Date: 07-26-1994 (OP*WO1) OWNER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS CONTACT Nt~: ANDERSON, GERALD R. PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/51 JACKSON OCCUPANCY ID: t ORGAN!ZA~ION N~E: ANDERSON DUPLEX RENTALS OCCUP CON?ACT: ANDERSON, GERALD R. INSPECTION DATE: t0-13-t993 INSPECTION TYPE: 5 HOUSING MAtNT. CODE START TIME: t000 FINISH TIME: DATE/NEXT INSP: !NSP DISTRICT: 463 PARCEL NUMBRR: Violation Follow-up Violation Number Reslv? Date Inspection Activity Code See Referred To Page 13 Warning Injunction Citation Ltr Date Date Number 1 YES 5 CITY ORDINANCE 10-13-1993 Violation Details: FEE LETTER ISSUED FOR INSPECTION DATED 10-12-93 IN ~ICH CODE VIOLATIONS DATED 6-21-93 REMAIN UNCORRECTED TOTAL VIOLATIONS: Co luxnb i a Date: 07-26-1994 (OP*WO1} OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: INSPECTION DATE: t0-12-t993 DATE/NEXT INSP: Vic!ati0n Number Reslv? 15 He ight s Fire Department Violations by Inspection From Date:O!-O!-!993 To Date:O?-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME~E$C: 5049/5! JACKSON CONTACT NAME: ANDERSON, GERALD R. Pa~e ~: t2 ORGANIZATION NA~E: ANDERSON ~PLEX RENTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION TYPE: 93 START TIRE: 1000 FIKISH TIRE: 11-1§-199~ INSP DISTRICT: 48~ PARCEL NUMHER: Follow-up Vio!atiun Warnin~ In~unction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number SHALL REMOVE VEHICLE FROM PROPERTY 11-!5-t99~ 5 CITY ORDINANCE 5A.208.1 Violation Details: DRIV~dAY/PAREING AREA SEVERLY DETERIOP~TED SHALL PATCH AND SEALCOAT DRIVEWAY OR REPLACE ASPHALT DRIVEWAY TOTAL VIOLATIONS: 15 PROBER ~ief Co 1-~b i a Date: 07-26-1994 (OP*WOI) OWNER ID: 20232 PROPERTY ID: 20232 He ight s Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPE~Y N~E/DESC: 5049/5! JACKSON CONTACT NAME: ANDERSON, GERALD R. Page ~: 11 OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCUP CONTACT: ANDERSON, HERALD R. INSPECTION DATE: 10-12-1993 INSPECTION TYPE: 93 STAR? TIME: 1000 FINISH TIME: DATE/NEXT INSP: 11-15-t993 !NSP DISTRICT: 463 PARCEL NUMBER: Viola%ion Follow-up Violation Warning In~unotion Citation Number Reslv? Date Inspection Activity Code Sec Referred To Ltr Date Date Number 9 11-15-1998 5 Violation Details: 10 11-15-1993 5 Violation Details: 1i 11-15-1993 5 Violation Details: 12 1t-15-1993 5 Violation Details: 13 1t-15-t993 5 Violation Details: 14 11-15-1993 5 Violation Details: SHALL SEEK OUT CAUSE, CORRECT PROBLEM. DRAIN TILE SYSTEM MAY BE NECESSARY CITY ORDINANCE 5A.203.1.B BASEMENT HAS ILLEGAL SLEEPING AREA. SHALL INSTALL PROPER EGRESS WINDOW IN HLREPlNU ROOM OR REMOVE SLREPINU AREA. PERMITS REQUIRED, CONTACT BUILDING DEPARTMENT FOR DETAILS. CITY ORDINANCE 5A.207.i.B YARD HAS NUMEROUS BARE AREAS. SHRUBS, BUSHES, GRASS OVER6ROWNo SCRUB 6ROWTH HEAVY ON PROPERTY SHALL SOD AND MAINTAIN BARE AREAS OF YARD. GROWTH. PROVIDE WEEKLY LAWN MAINTENANCE. WEEDS ALONG WALLS, FENCES, TREES, ETC. TRIM ALL SHRUBS, HUSHES, TREES, REMOVE ALL SCRUB MAINTENANCE SHAL INCLUDE TRIMMING OF TALL GRASS AND THIS VIOLATION EXISTS FROM JULY ?, 1992. THE S?RUCTURE HAS BEEN POSTED FOR THIS VIOLATION. ALL TENANTS SHALL BE REMOVED FROM THE PREMISES BY AUGUST 21, t993 OR CITATIONS WILL BE ISSUED TO THE TENANTS CITY ORDINANCE 5A.205.1.B FRONT STOEM DOOR DAHAGED/MISSIN8 SHALL INSTALL NEW FRONT STORM DOOR WITH CLOSER CITY ORDINANCE 7.205.7 TOPPER STORED IN YARD. HHALL REMOVE TOPPER TO GARAGE OR HARD SURFACE PARKING AREAA. CItY ORDINANCE 5A.207.!.B PILE OF TREE TRIMMINGS IN REAR YARD SHALL REMOVE ALL TRASH, DEBRIS AND STOP, GE FROM YARD AREA CITY ORDtNARCE 7.205.7 JUNK/ABANDONED/INOPERABLE VEHICLE ON PROPERTY LIC. LQH-888 Co l', :,,-,~b i a Date: 07-26-t994 (OP*WOt) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 10-t2-1993 DATE/NEXT INSP: Violation Number Reslv? Heights Fire Department Violations by Inspection From Date:Ot-O!-1993 To Date:07-!2-!994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/~ESC: 5049/51 JACKSON ORGANIZATION NAME: INSPECTION TYPE: INSP DISTRICT: ANDERSON DUPLEX RENTALS 93 ti-15-1993 463 Follow-up Date Inspection Activity Violation Code Sec CONTACT NAME: ANDERSON, GERALD R. CONTACT: ANDERSON, GERALD R. Page $: t0 START TIME: 1000 FINISH TIME: PARCEL NUMBER: Warning Injunction Citation Referred To Ltr Date Date Number t !1-15-1993 5 Violation Details: 2 11-t5-t993 5 Violation Details: 3 1t-!5-t993 5 Violation Details: 4 11-15-1993 5 Violation Details: 5 t1-t5-1993 5 Violation Details: 6 11-15-t993 5 Violation Details: 7 11-15-t993 5 Violation Details: i1-15-t993 5 Violation Details: CITY ORDINANCE 5A.202.t 10-13-1993 SIDE ENTRY DOOR TO RENTAL UNIT MISSING DEADBOLT LOCK SHALL INSTALL DEADBOLT TYPE LOCK WITH TH~BTUR~W TYPE KNOB ON INTERIOR AND KEY LOCK ON EXTERIOR. CITY ORDINANCE 5A.202.1 FRONT ENTRY DOOR TO RENTAL UNIT MISSING DEADBOLT LOCK SHALL INSTALL DEADBOLT TYPE LOCK WITH THUMB~ TYPE KNOB ON INTERIOR AND KEY LOCK ON EXTERIOR. CITY ORDINANCE 5A.2Oi.!.B KITCHEN DRAWER FRONT DtMAGED REPLACE DAMAGED DRAWER FRONT PANEL CITY ORDINANCE 5A.203.1.D PROTECTIVE GLOBE MISSING ON BEDROOM LIGHT SHALL INSTALL PROTECTIVE LIGHT GLOBE CITY ODtNANCE 5A.209.I SMOKE DETECTOR INOPERBLE SHALL INSTALL SMOKE DETECTOR TO MANUFACTURERS RECO~ENDATIONS. SMOKE DETECTOR SHALL OPERATE CITY ORDINANCE 5A.205.1.C KITCHEN FLOOR TILES DAMAGED~ISSING SHAna INSTALL NEW FLOOR COVERING. MATERIAL SHALL BE EASILY CLEANED AND ~tNTAtNABLE CITY ORDINANCE 5A.205.1.C HALLWAY CARPETING STRETCHED, LOOSE, DIRTY, WORN SHALL REPLACE HALLWAY CARPETING CITY ORDINANCE 5a.205.1.A WATER PRDBLE~ IN BASEMENT. GROUND WATER SEEPAGE. APPROXIM3~TELY 2" OF WATER IN BASEMENT PROBER Chief Co 1-canb i a Date: 07-26-1994 (OP*W01) OWNER ID: 20282 PROPERTY ID: 20232 OCCUPANCY ID: INSPECTION DATE: 08-03-1993 DATE/NEXT INSP: 09-13-1993 Violation Number Reslv? 15 Heights Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY HAME/DESC: 5049/51 JACKSON ORGANIZATION NAME: INSPECTION TYPE: INSP DISTRICT: 468 ANDERSON DUPLEX RENTALS 92 Follow-up Violation Date Inspection Activity Code Sec CONTACT NAME: ANDERSON, GERALD R. Page #: 9 OCCUP CONTACT: ANDERSON, UERALD R. START TIME: I000 FINISH TIME: PARCEL NUMBER: ~arning Injunction Citation Referred To Ltr Date Date Number SHALL REMOVE VEHICLE FROM PROPERTY 09-18-1993 § CITY ORDINANCE §A.208.1 Violation Details: DRIVEWAY/PARKIN8 AREA SEVERLY DETERIORATED SHALL PATCH AND SEALCOAT DRIVEWAY OR REPLACE ASPHALT DRIVEWAY TOTAL VIOLATIONS: PROBE~R Chief Co 1-t~xnb i a Date: 07-26-1994 (OP*WOI} OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 08-03-1993 DATE/NEXT tNSP: Violation Number Restv? He ight s Fire Department Violations by Inspection From Date:Ol-O!-1993 To Date:07-!2-!994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPER~ NAME~DESC: 5049/51 JACKSON CONTACT NAME: ANDERSON, GE~LD R. Page ~: 8 ORGANIZATION MANE: ANDERSON DUPLEX RENTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION TYPE: 92 ~fA~ TIME: i000 FINISH TIME: 09-13-1993 INSP DtSTRI~: 463 PARCEL NL~BER: Follow-up Violation WarninE Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number 9 09-t3-t993 5 Violation Details: t0 09-I3-1993 5 Violation Details: 11 09-t3-1993 5 Violation Details: i2 09-t3-1993 5 Violation Details: t3 09-I3-1993 5 Violation Details: t4 09-13-t993 5 Violation Details: SHALL SEEK OUT CAUSE, CORRECT PROBLEM. DRAI~ TILE SYSTEM MAY BE NECESSARY CITY ORDINANCE 5A.203.i.B BASEMENT HAS ILLEGAL SLEEPING AREA. SHALL INSTALL PROPER EGRESS W1N~.W IN SLEEPING ROOM OR REMOVE SLEEPING AMA. PER~MtTS REQUIRED, CONTACT BUILDING DEPARTMENT FOR DETAILS. CITY ORDINANCE 5A.20?.t.B YAP~ HAS NUMEROUS BARE AREAS. SHRUBS, BUSHES, GBSS OVERGROWN. SCRUB GROWTH HEAVY ON PROPERTY SHALL SOD AND MAINTAIN BAP~ AP~AS OF YAP. TRIM Ann SHRUBS, BUSHES, TREES, REMOVE ALL SCRUB GROWTH. PROVIDE WEEKLY LAWN MAINTENANCE. MAINTENANCE SHAL INCLUDE TRIMMING OF TALL GRASS AND WEEDS ALONG WALLS, FENCES, TREES, ETC. THIS VIOLATION EXISTS FROM JULY V, t992. ~E STRUCTURE HAS BEEN POSTED FOR THIS VIOLATION. ALL TENANTS SHALL BE R~MOVED FROM THE PL~.ISES BY AUGUST 2t, I993 OR CITATIONS WILL BE ISSUED TO THE TENANTS CITY ORDINANCE 5A.205.t.B FRONT STORM DOOR DAMAGED~ISSING SHALL INSTALL NEW FRONT STORM DOR WITH CLOSER CITY ORDINANCE TOPPER STORED IN YARD. SH~LL ~MOVE TOPPER TO GARAGE OR ~AP~ SURFACE PARKING AREAL. CITY O~tNANCE 5A.207.1.B PILE OF TREE TRIMMINGS IN REAR YARD SHALL REMOVE ALL TRASH, DEBRIS AND STORAGE FROM YARD AREA CITY ORDINANCE 7.205.7 JUNK/ABANDONED/INOPERABLE VEHICLE ON PROPER.~ LtC. LQH-888 PROBER Chief Co 1-cttnb i a Date: 07-26-t994 (OP*WO1) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 08-03-1993 DATE/NEXT INsp: Violation Number Reslv? Heights Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEXRENTALS PROPERTY NAME/DESC: 5049/51 JACKSON CONTACT NAME: ANDERSON, GERALD R. Page #: 7 ORGANIZATION NAME: ANDERSON DUPLEX R~NTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION TYPE: 92 START TIME: I000 FINISH TIME: 09-13-t993 INSP DISTRICT: 483 PARCEL NUMBER: Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number 1 09-D-1993 5 Violation Details: 2 09-13-1993 5 Violation Details: 3 09-13-1993 5 Violation Details: 4 09-13-1993 5 Violation Details: 09-15-1993 5 Violation Details: 8 09-13-t993 5 Violation Details: 7 09-13-1993 5 Violation Details: 8 09-13-1993 5 Violation Details: CITY ORDINANCE 5A.202.1 08-03-1993 SIDE ENTRY DOOR TO RENTAL UNIT MISSING DEADBOLT LOCK SHALL INSTALL DEADBOLT TYPE LOCK WITH THUMETURN TYPE KNOR ON INTERIOR AND KEY LOCK ON EXTERIOR. CITY ORDINANCE 5A.202.1 08-03-1998 FRONT ENTRY DOOR TO RENTAL UNIT MISSING DEADBOLT LOCK SHALL INSTALL DEADBOLT TYPE LOCK WITH ~UMBTURN TYPE KNOB ON INTERIOR AND KEY LOCK ON EXTERIOR. CITY ORDINANCE §A.ROi.i.B KITCHEN DRAWER FRONT DAMAGED REPLACE DAMAGED DRA~R FRONT PANEL CITY ORDINANCE 5A.203.1.D PROTECTIVE GLOBE MISSING ON BEDROOM LIHHT SHALL INSTALL PROTECTIVE LIGHT GLOBE CITY ORDINANCE 5A.209.1 SMOKE DETECTOR INOPERABLE SHALL INSTALL SMOKE DETECTOR TO MANUFACTURERS RECOMMENDATIONS. SMOKE DETECTOR SHALL OPERATE CITY ORDINANCE §A.205.t.C KITCHEN FLOOR TILES DAMAGED/MISSING SHALL INSTALL NEW FLOOR COVERING. MATERIAL SHALL BE EASILY CLEANED AND MAINTAINABLE CITY ORDINANCE §A.205.1.C HALLWAY CARPETING STRETCHED, LOOSE, DIRTY, WORN SHALL REPLACE HALLWAY CARPETING CITY ORDINANCE 5A.20§.i.A WATER PROBLEM IN RASEMENT. GROUND WATER SEEPAGE. APPROXIMATELY 2" OF WATER IN BASEMENT PROBER'-- Ch i e f Co l~b i a Date: 07-26-1994 (0P*W0t) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 INSPECTION DATE: 06-23-t993 DATE/NEXT INSP: Violation Number Reslv? He ights Fire Department Violations by Inspection From Date:O!-Ol-!993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NkME/DESC: 5049/51 JACKSON ORGANIZATION NAME: ANDERSON DUPLEX RENTALS INSPECTION ~YPE: INSP DISTRICT: 463 Follow-up Date Inspection Actiwity CONTACT NAME: ANDERSON, GERALD R. Violation Code See Page ~: 6 OCCUP CONTACT: ANDERSON, GERALD R. START TIME: 1000 FINISH TIME: PARCEL NUMBER: Warning Injunction Citation Referred To Ltr Date Date Number 5 CITY ORDINANCE Violation Details: POSTING NOTICE: STRUCTURE POSTED FOR VIOLATIONS DATED SEPTEMBER 29, 1992 1. SHALL SOD AND MAINTAIN BARE AREAS OF YARD 2. SHALL TRIM AND MAINTAIN SCRUB GROWTH, GRASS AND WEEDS 06-23-t993 TOTAL VIOLATIONS: t PROBER Chief Co 1-cttnb i a Date: 07-26-1994 (OP*WOI) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: 1 Heights Fire Department Violations by Inspection From Date:01-01-1993 To Date:07-12-1994 INSPECTION DATE: 06-21-t993 INSPECTION TYPE: DATE/NEXT INSP: Violation Number Reslv? 16 i7 O~ER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/51 JACKSON ORGANIZATION NAME: ANDERSON DUPLEX RENTALS 07-22-1993 INSP DISTRICT: 463 Follow-up Date Inspection Activity CONTACT NAME: ANDERSON, GERALD R. Violation Code Sec Page OCCUP CONTACT: ANDERSON, GERALD R. START TIME: 1600 FINISH TIME: PARCEL NUMBER: Warning Injunction Citation Referred To Ltr Date Date Number SHALL REMOVE PILE OF BRANCHES FROM PROPERTY 07-22-1993 5 CITY ORDINANCE 7.205.7 Violation Details: ABANDONED VEHICLE IN YARD LIC. LQH-888 SHALL REMOVE VEHICLE FROM PROPERTY 07-22-1993 5 CITY ORDINANCE 5A.208.1 Violation Details: DRIV~AY DETERIORATED SHALL REPAIR/REPLACE DR!VE~AY. MATERIALS SHALL CONFORM TO EXISTINU MATERIALS AND FINISH TOTAL VIOLATIONS: 17 PROBER"~ief Col-ucn~bia Date: 07-26-1994 (OP*WO1) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: I INSPECTION DATE: 06-2t-1993 DATE/NEXT INSP: Violation Number Reslv? He ight s Fire Depar-~men-{~ Violations by Inspection From Date:OI-Ol-1993 To Date:OT-!2-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPER~ NAME/DESC: 5049/51 JACKSON ORGAN1ZATIO~ NAME: AN~ERSONn ~ DUPLEX RENTALS tNSPE~tON TYPE: 9t 07-22-t993 tNSP DISTRICT: 463 Follow-up Date Inspection A0tivity .......................................... CONTACT NAME: ANDERSgN, GERALD R. Violation Code Sec Referred To PaEe ~: 4 OCCUP CONTACT: ANDERSON, GERALD R. START TIME: !600 FINISH TIME: PARCEL NUMBER: Warning !n~unction Citation Ltr Date Date Number 07-22-1993 5 CITY ORDINANCE 5A.205.1.A Violation Details: BASEMENT HAS GROUND WATER SEEPAGE. WATER APPROXIMATELY 2~' DEEP SHALL REPAIR SEEPAGE PROBLEM. CLEAN AND SANITIZE BASEMENT 07-22-1993 5 Violation Details: CITY ORDINANCE 5A.203.t.B ILLEGAL SLEEPING AREA IN BASEMENT. SHALL INSTALL REQUIRED EGRESS WINDOW tN BASIMENT SLEEPING ROOM OR R~OVE SLEEPING AREA 10 07-22-1993 5 CITY ORDINANCE Violation Details: YARD HAS NUMEROUS BARE AREAS 5A.207.1.B SHALL SOD AND MAINTAIN BARE AREA2 OF YARD 11 07-22-1993 5 CITY ORDINANCE 5A.20?.l.B Violation Details: SHRUBS, BRUSH AND GRASS OVERGROWN SHALL TRIM AND MAINTAIN SHRUBS, BRUSH AND GRASS 12 07-22-t993 5 CITY ORDINANCE 5A.20?.I.B Violation Details: SCRUB GROWTH ALONG FENCE SHALL REMOVE ALL VOLUNTARY SCRUB GROWTH 13 07-22-t993 5 CITY ORDINANCE 5A.205.t.B Violation Details: FRONT STO~ DOOR DAMAGED SHALL REPLACE FRONT STO~ DOOR 14 07-22-t993 5 CITY ORDINANCE Violation Details: TRUCK TOPPER STORED ON GRASS 7.205.7 SHALL REMOVE TRUCK TOPPER. MUST BE STO?~D IN GAUGE OR P~CED ON HARD-SURFACE PARKING AREA 15 07-22-t993 5 CITY ORDINANCE 5A.207.1.B Violation Details: PILE OF TREE B~NCHES IN REAR YARD PROBER Chief Co lw~nb i a Date: 07-26-1994 OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: INSPECTION DATE: 06-21-1993 DATE/NEXT INSP: Violation Number Reslv? Heights Fire Department Violations by inspection From Date:01-01-1993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NAME/DESC: 5049/51 8ACKSON 07-22-1993 Follow-up Date Inspection Activity ORGANIZATION NAME: ANDERSON DUPLEX RENTALS INSPECTION ~YPE: 9t INSP DI~RtcT: 463 CONTACT NAME: ANDERSON, GERALD R. OCCUP CONTACT: ANDERSON, GERALD R. S~ARTTIME: 1600 FINISH TIHE: PARCEL NUMBER: Pa~e {: 3 Violation Warnin~ Injunction Citation Code Sec Referred To Ltr Date Date Number 1 07-22-1993 5 Violation Details: 2 07-22-1993 5 Violation Details: 3 07-22-1998 5 Violation Details: 4 07-22-1993 5 Violation Details: 5 07-22-1993 5 Violation Details: 6 07-22-1993 Violation Details: 7 07-22-1993 5 Violation Details: CITY ORDINANCE 5A.202.1 SIDE ENTRY DOOR, NO DEADBOLT LOCK SHALL INSTALL A DEADBOLT LOCK ON SIDE EN?RY DOOR. MAINTENANCE CODE REQUIREMENTS CITY ORDINANCE 5A.202.1 FRONT ENTRY DOOR, NO DEADBOLT LOCK SHALL INSTALL A DEADBOL? LOCK ON SiDE ENTRY DOOR. MAINTENANCE CODE REQUIREMENTS UIYY ORDINANCE §A.2Oi.i.B KITCHEN DRAWER FRONT DAMAGED SHALL REPAIR DRAWER CITY ORDINANCE 5A.RO3.I.D BEDROOM LIGHT MISSING GLOBE SHALL REPALCE MISSING LIGHT GLOBE CITY ORDINANCE 5A.209.1 SMOKE DETECTOR DAMAGED SHALL REPLACE SMORE DETECTOR CITY ORDINANCE 5A.20§.1.C KITCHEN FLOOR DAMAGED. UNABLE TO KEEP CLEAN SHALL REPLACE KITCHEN FLOOR CITY ORDINANCE 5A.205.1.C HALLWAY CARPETING DETERIORATED SHALL REPLACE HALLWAY CARPETING 06-21-1993 I~CK SHALL BE INSTALLED TO HOUSING LOCK SHALL BE INSTALLED TO HOUSING P~OB~~ Chief Co 1-, :,mb i a He ight s Fire Depart-,~ent Violations by Ins~ction From Date:O!-Ol-1993 To Date:07-12-1994 Date: 07-26-i994 (OP*~Oi) O~ER ID: 20232 OWNER ORGANIZATION: ANDERSON DUPLEX ~NTALS ~NTA~ ~A~E: ANDERSON, GERALD Page PROPERTY ID: 20232 PROPERTY NAME/DESC: 5049/5t JACKSON OCCUPANCY ID: 1 ORGANIZATION NAME: ANDERSON DUPLEX RENTALS INSPECTION DATE: 0t-t3-1993 INSPECTION TYPE: 94 OCCUP CONTA~: ANDERSON, GERALD R. START TIME: t400 FINISH TIME: DATE~EXT INSP: Violation Number Restv? INSP DtS~I~: Follow-up ~iotation Date Inspection Activity Code Sec PARCEL NU~ER: Warning tnjuncti0n Citation Referred To Ltr Date Date Number YES 5 CITY ORDINANCE Violation Details: HOUSING MAINTENANCE CODE VIOLATIONS DATED 1992, CORRECTED. TOTAL VIOLATIONS: t PROBER C"ni e f Co lumb i a Date: 07-26-1994 (OP*W01) OWNER ID: 20232 PROPERTY ID: 20232 OCCUPANCY ID: · I INSPECTION DATE: 01-12-1993 DATE/NEXT INSP: Violation Number Reslv? He ights Fire Department Violations by Inspection From Date-01-01-!993 To Date:07-12-1994 OWNER ORGANIZATION: ANDERSON DUPLEX RENTALS PROPERTY NANE/DESC: 5049/51 JACKSON CONTACT Nk~E: ANDERSON~ ~E~LD R. Page ORGANIZATION NAME: ANDERSON DUPLEX RENTALS OCCUP CONTACT: ANDERSON, GERALD R. INSPECTION TYPE: 94 START TIME: 1400 FINISH TIME: 05-02-1993 INSP DISTRICT: 463 PARCEL NUMBER: Follow-up Violation Warning Injunction Citation Date Inspection Activity Code Sec Refereed To Lte Date Date Number ...................................................... ......................................... 05-02-1993 § CITY ORDINANCE 01-t3-1993 Violation Details: THE FOLLOWING VILATIONS REMAIN AND HAVE BEEN EXTENDED TO MAY 2, 1993 BECAUSE OF THE WEATHER: SHALL PAINT SHED OR REMOVE FROM PROPERTY. 05-02-t993 5 CITY ORDINANCE Violation Details: SHALL FILL, SOD AND MAINTAIN BARE AREAS OF YARD. 01-13-1993 IF THESE VIOLATIONS HAVE NOT BEEN CORRECTED PRIOR TO MAY 2, 1993, THE STRUCTURE WILL AGAIN BE POSTED FOR NON-COMPLIANCE AND AN ADDITIONAL LICENSE/INSPECTION FEE OF $25.00 WILL BE ASSESSED. TOTAL VIOLATIONS: 2' CITY COU~C~ LETTER Meeting of: August 8 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO: 6 ITEM: SECOND READING -ORDINANCE NO. BY: PAT HENTGES BY: ~.--,~ ~ 1291, RELATED TO INSPECTION AND DATE: 8-3-94 DAT ~**=~ ~]~ ,~d ~nna.~d Ordinance No. 129.'.. Pertainin~ to HousinR Maintenance Code a~ it Relate~ to Inspection and Enforcements. A first reading was held on July 25, 1994. This ordinance intends to clarify the authority of the City to inspect not only buildings, common areas, but the actual dwelling unit. Recently, the City has received more and more inquiries by'tenants as to specific authority to inspect the individual dwelling units. Up to this point, there has been no objections relevant to the City's ability to inspect the common areas and general exterior of buildings, but some tenants have specifically objected to our interior inspection of the actual dwelling unit. The proposed amendment essentially clarifies our authority by noting that the inspection includes "any multiple dwelling", dwelling unit (whether it be standing alone or as a part of a larger complex of units). Without this clarified provision, another section of the ordinance states that the City will inspect individual tenant units only upon "tenant turnover" This section intended only to address repeated violations and housing complaints against a certain manager or landlord, but can be assumed, in its present form, to mean that the City has only authority to inspect dwelling unit on tenant turnover, based upon complaint. At the last meeting, Councilmember Nawrocki inquired as to the application of this provision on owner-occupied single-family dwellings in terms of the City's capability to enter into a dwelling for purpose of an interior inspection. In response, I would emphasize the need to preserve the city's right to perform interior inspection on owner-occupied property in the event the City has reason or cause to believe that a potentially dangerous living condition exists or the buildings is believed to be hazardous in nature. Further, under any circumstance, the City should preserve its right to enter onto the property for purpose of inspecting anexterior of an owner-occupied building. Both of these points are necessary to sustain the basic welfare, health, and public safety of the City. In the future, the City should be cautioned as to affecting the City's ability to perform "Time of Sale" inspections. This seems to be a growing trend used to ensure a "good quality" housing stock and to prevent mortgage companies and agencies such as HUD from transferring code defective properties at "fire sale" rates. Columbia Heights is vulnerable to this because of the age, size, and price rates of our housing units. The City Attorney is preparing an amendment to the ordinance on second reading that addresses Councilmember Nawrocki's concern, yet incorporates the above issues. At the time of this writing, the amendment has not been finalized, but will be available for the meeting. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1291, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1291, Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO: 6 ORDINANCE RELATED TO INSPECTION BY: PAT HENTGES BY: ~ ~~ ITEM: AND ENFORCEMENTS / ~2 DATE: ?-21-94 DATE: NO: Attached please find proposed Ordinance No. 1291 , Pertaining to Housing Maintenance Code as it Relates to Inspection and Enforcements. This ordinance intends to clarify the authority of the City to inspect not only buildings, common areas, but the actual dwelling unit. Recently, the City has received more and more inquiries by tenants as to specific authority to inspect the individual dwelling units. Up to this point, there has been no objections relevant to the City's ability to inspect the common areas and Eenerat exterior of buildings~ but some tenants have specifically objected to our interior inspection of the actual dwelling unit. The proposed amendment essentially clarifies our authority by noting that the inspection includes "any multiple dwelling", dwelling unit (whether it be standing alone or as a part of a larger complex of units). Without this clarified provision, another section of the ordinance states that the City will inspect individual tenant units only upon "tenant turnover". This section intended only to address repeated violations and housing complaints against a certain manager or landlord, but can be assumed, in its present form, to mean that the City has only authority to inspect dwelling unit on tenant turnover, based upon complaint. KECOMMENDED MOTION: Move to waive the first reading of Ordinance No.1291 , there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1291 Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements for Monday, August 8, 1994, at 7:00 P.M. in the City Council Chambers. COUNCIL ACTION: Roll Call:~ ..... Jo-A~ne Student, Council Secretary CITY COUNCIL LETTER Meeting of: July 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO: 6 ITEM: ORDINANCE RELATED TO INSPECTION BY: PAT HENTGES BY: ~~ AND ENFORCEMENTS /~ DATE: 7-21-94 DATE: x~~ NO: Attached please find proposed Ordinance No. 1291 , Pertaining to Housing Maintenance Code as it Relates to Inspection and Enforcements. This ordinance intends to clarify the authority of the City to inspect not only buildings, common areas, but the actual dwelling unit. Recently, the City has received more and more inquiries by tenants as to specific authority to inspect the individual dwelling units. Up to this point, there has been no objections relevant to the City's ability to inspect the common areas and general exterior of buildings~ but some tenants have specifically objected to our interior inspection of the actual dwelling unit. The proposed amendment essentially clarifies our authority by noting that the inspection includes "any multiple dwelling", dwelling unit (whether it be standing alone or as a part of a larger complex of units). Without this clarified provision, another section of the ordinance states that the City will inspect individual tenant units only upon "tenant turnover" This section intended only to address repeated violations and housing complaints against a certain manager or landlord, but can be assumed, in its present form, to mean that the City has only authority to inspect dwelling unit on tenant turnover, based upon complaint. RECOMMENDED MOTION: Move to waive the first reading of Ordinance No.1291 , there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1291 Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements for Monday, August 8, 1994, at 7:00 P.M. in the City Council Chambers. COUNCIL ACTION: ORDINANC~ NO. 1291 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AUTHORITY OF THE CITY TO INSPECT RENTAL PROPERTIES The City of Columbia Heights does ordain: Chapter 5A, Article III, Section 1, Subsection 1 (5A.301[1]) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection AUthority The City Manager and his/her designated agents shall be the Building Official who shall administer and enforce the provisions of the ordinance. Inspection shall be conducted during reasonable hours, and upon request, the Building Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. is herewith amended to read: 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority The City Manager and his/her designated agents, as the Building Official who shall administer and enforce the provisions of this ordinance, may enter for the purpose of inspecting, any multiple dwelling, dwelling unit (whether it be standing alone or as a unit in a larger complex of units), or premises, upon twenty-four (24) hours notice to the owner, occupant, manager, or person in charge of the multiple dwelling, dwelling units, or premises. Inspection shall be conducted during reasonable hours, and upon request, the Building Official shall present evidence of his/her official capacity to the owner, occupant, or person in charge of a dwelling unit sought to be inspected. First Reading: Second Reading: Date of Passage: July 25, 1994 Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary JUL-21-~S4 14:~8 ~ROM KALINA,~ILLS~OODS ORDZNANCE ~0,, 1291 ] ~ZNZNG ~0 O~nance' No 853, city c~e of 1977, which c~rently follows, tO wit: SA. ] 01 (1) ~Inspection and ~forcement Section 11 ~nforc~ent and Inspection Authority. 78228~1 P. tD~ z[1] ) of The City Manager and him/her designated age~tsl shall be the Building Official who shall administer and enforce the provisions of the Ordinance. Inspection sh~lli be ~onguc~ed during' reasonable hours, and upon request}, ItheI Bud!ding OffiCial shall present evidence of his/her officialI ~aPacitY to the owner, occupant, or person in charge ella dwelling uni~ sought to be inspected. Lerewith ~ended to read, SA. ~01 (1) , !Inspection and Znforcement · t The City Manager and hi~/her designated agents~ am the Bui14ing Official who shall administer aha! enforce the provi~iOns of this ordinance, may :enter_ fori .the .p~..~z~..ose 0.f inspecting, any multiple dwelling, dwelling {%nit (whether be ~-t&ndin--'g alo'ne or as a unit in a larger co~.pl~ex ~f or premises, upon twenty-four (24) hoL~rs noti.~elto the occupant- manager, or uer~on in charge oX ,the multlp-'e dwelling, dwelling unit, or premases. Insl~ect~on shall be conducted during reasonable hours, and upon i req3~es=, the Building Official shall ~resent evident of hisl/her official capaci=y to the owner, occupant, or person i in charge of .dwelling unit sought to be inspected. ' FirS~ t Rea~ng: Sec%nd Reaaing ~ Off,:red by! Sec~nded by: Rol~ Call: Joseph Sturdevan~, Sz., May~ Jo-Anne Student, Council Secretary ORDINANCE NO. 1291 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AUTHORITY OF THE CITY TO INSPECT PROPERTIES The City of Columbia Heights does ordain: Chapter 5A, Article III, Section 1, Subsection 1, (5A.301[1]) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority. The city Manager and his/her designated agents shall be the Building official who shall administer and enforce the provisions of the Ordinance. Inspection shall be conducted during reasonable hours, and upon request, the Building official shall present evidence of his/her official capacity to the owner, occupant, or person in charge of a dwelling unit sought to be inspected is herewith amended to read, 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority. The City Manager and his/her designated agents, as the Building official who shall administer and enforce the provisions of this Ordinance, may enter for the purpose of inspection, any rental dwelling (whether it be standing alone or as a unit in a larger complex of units), or premises, upon twenty-four (24) hours notice to the owner, occupant, manager, or person in charge of the rental dwelling or premises. Inspection shall be conducted during reasonable hours, and upon request the Building official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. With regard to owner occupied single family dwelling units, the Building official shall have the authority to enter onto the premises, during reasonable hours, for inspection of the exterior of the building. Any inter'..~lD~--~T~s' . spection o f~an-Qwner.~ occupied. sin~le ~amri~-~llngJ~n~ may ~ be co~t~_~i4~ th~/ event ~J~---~~g ~O~ici'~~r~as°~ °~a~/~e ~o that a pote~ntl~angerou_s~li~~dition exist~~ building~.~'~believed~be~hazardous i~nature.~/ First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO: 6 ITEM: SECOND READING, ORDINANCE NO. 1276, BY: PAT HENTGES BY: RELATED TO PENALTIES FOR DATE: 8-3-94 DATE VIOLATIONS OF HOUSING CODE The proposed Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to Penalties for Violations as a result of resolving the Judicare lawsuit. A first reading was held on July 25, 1994. Essentially, this provision provides that the City will not cite an occupant of a dwelling unit or property posted for violations until such time there has been an opportunity for a hearing or a waiver of said hearing pursuant to provisions of the Ordinance. Thus, during the appeal period or prior to the revocation period, the City will not threaten the tenants of ticketing because the landlord does not have a rental license or has not complied with the ordinance. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1276, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to Penalties for Violations. COUNCIL ACTION: GITY COUNGIL LETTER Meeting of: July 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO: 6 ITEM: ORDINANCE RELATED TO PENALTIES FOR BY: PAT HENTGES BY: ~-~ VIOLATIONS OF HOUSING/¢ODf~ DATE: 7-21-94 DATE: NO: The proposed Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to Penalties for Violations as a result of resolving the 3udicare lawsuit. Essentially, this provision provides that the City will not cite an occupant of a dwelling unit or property posted for violations until such time there has been an opportunity for a hearing or a waiver of said hearing pursuant to provisions of the Ordinance. Thus, during the appeal period o~ prior to the revocation period, the City will not threaten the tenants of ticketing because the landlord does not have a rental license or has not complied with the ordinance. RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1276, there being ample copies available to the public, RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to Penalties for Violations for Monday, August 8, 1994, at 7:00 P.M. in the City Council Chambers. COUNCIL ACTION: ORDINANCE NO. !276 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO PENALTIES FOR VIOLATION OF THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter 5A, Article VI, Section 1 of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 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 (S5A.201, et.seq.), maintenance standard. is herewith amended to read, 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 (S5A.201, et. seq.), maintenance standard. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(1) and 5A.306(1). Section 2: Chapter 5A, Article VI, Section 9, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 5A.609 No person may occupy a dwelling or property posted pursuant to S5A.304. is herewith amended to read, 5A.609 No person may occupy a dwelling or property posted pursuant to S5A.304. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(1) and 5A.306(1). Ordinance No. 1276 page 2 Section 3: 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: Offered by: Seconded by: Roll call: July 25, 1994 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1276 BEiNG AN ORD!NANCEAMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO PENALTIES FOR VIOLATION OF THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: SECTION 1: Chapter SA, Article VI, Section 1, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 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 SA, Article I! (S5A.201, et. seq.) maintenance standard. ' is herewith amended to read, 5A.601 SECTION 2: 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 (S5A.20!, et. seq.), maintenance standard. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(!) and 5A.306(!). Chapter 5A, Article VI, Section'9, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 5A.609 No person may occupy a dwelling or property posted pursuant S5A.304. is herewith amended to read, 5A.609 SECTION 3: No person may occupy a dwelling or property posted pursuant ~5A.304. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A. 305(1) and 5A.306(!). This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. EXHIBIT B First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: '., Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: SECOND READING, ORDINANCE NO. 1275 AS BY: PAT HENTGES BY: ~-~,~ IT RELATES TO COMPLIANCE DATE: 8-3-94 DATE AND POSTING TO PREVENT OCCUPANCy NO:(~ ~ The proposed Ordinance modifies the City's current language that describes the compliance order process, posting procedures, and suspension/revocation process. A first reading was held on July 25, 1994. The new language requires that: 1) the tenant(s) also be served, sent or noticed through posting a copy of the compliance order. 2) the current occupants will have approximately 60 days to vacant the posted property untess there is eminent danger. 3) at the revocation or suspension hearing, the tenants or occupants will be given an opportunity to be heard before the City Council. In the past, the Council has expressed concern about the City's ability to provide notice to each and every occupant. Essentially, we are prescribing by these notices by personal delivery and with posting. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1275, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it Relates to the Compliance Order and Posting to Prevent Occupancy. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO: 6 ITEM: ORDINANCE AS IT RELATES TO COMPLIANCE BY: PAT HENTGES BY: ~--~ AND POSTING TO PREVENT OCCUPANCY DATE: 7-21-94 DATE.~.~ The proposed Ordinance modifies the City's current language that describes the compliance order process, posting procedures, and suspension/revocation process. The new language requires that: 1) the tenant(s) also be served, sent or noticed through posting a copy of the compliance order. 2) the current occupants will have approximately 60 days to vacant the posted property unless there is eminent danger. 3) at the revocation or suspension hearing, the tenants or occupants will be given an opportunity to be heard before the City Council. In the past, the Council has expressed concern about the City's ability to provide notice to each and every occupant. Essentially, we are prescribing by these notices by personal delivery and with posting. RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1275, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it Relates to the Compliance Order and Posting to Prevent Occupancy to Monday, August 8, 1994, in the City Council Chambers. COUNCIL ACTION: .ORDINANCE. NO. 1275 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter 5A, Article III, Section 3, of Ordlnance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 3: COMPLIANCE ORDER 5A.303(1) Whenever the Building Official determines that any dwelling, dwelling unit or 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 or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) (i±) (iii) Served upon him/her personally~ Sent by certified mail return receipt requested to his/her last known address, or 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. is herewith amended to read, Section 3: COMPLIANCE ORDER 5A.303(1) Whenever the Building Official determines that any dwelling, dwelling unit or 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; Ordinance No. 1275 page 2 (c) (d) 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 of appeal; and Be served upon the owner or his/her agent, as the case may require and upon the tenant(s) of the affected dwelling or dwelling units. Such notice shall be deemed to be properly served upon such owner or agent, 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. SECTION 2: Chapter 5A, Article III, Section 4, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 4: Posting to Prevent Occupancy 5A.304(1) The Building Official may post any building or structure covered by this ordinance as being in direct violation of the ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building 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. is herewith amended to read, Ordinance No. 1275 page 3 Section 4: Posting to Prevent Occupancy 5A.304(1) The Building Official may post any building or structure covered by this ordinance as being in direct violation of the ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified, by inspection report, of the items which must be corrected within a certain stated period of time, and that the corrections have not been made. Upon the posting of any dwelling or dwelling unit(s), the tenant or occupant of said dwelling or dwelling unit(s),shall be given notice of the posting. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building 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 3: Chapter 5A, Article 4, Section 8 of Ordinance No. 853, as amended, which currently reads as follows, to wit: 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 non-compliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code. is herewith amended to read: 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 non-compliance with the provisions of this Chapter. Ordinance No. 1275 page 4 Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the city Code, additionally however, a Statement of Cause and a Notice of Public Hearing shall also be served upon each tenant or occupant of the affected dwelling or dwelling unit(s). At said public hearing the tenant(s) or occupants shall be given an opportunity to be heard by the City Council. SECTION 4: 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: July 25, 1994 Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. !275 BE!NGAN ORDiNANCE AMENDING ORDINANCE NO. 853, CiTY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: SECTION Chapter 5A, Article III, Section 3, of Ordinance No. 853, city Code of 1977, as amended, which currently reads as follows to wit: Section 3: COMPLIANCE ORDER 5A.303 Whenever the Building Official determines that any dwelling, dwe!lingunit or 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 or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (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 conspicuous place in or about the dwelling which is affected by the notice. is herewith amended to read, EXHIBIT C Section 3: COMPLIANCE ORDER Whene~e~ the Building Official determines that any dwelling, dwelling unit or 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 or his/her agent, as the case may require and upon the tenant(s) of the affected dwelling or dwelling units. Such notice shall be deemed to be properly served upon such owner or agent, 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 ~hrough (i) and (ii) as set out in this section, posted at conspicuous place in or about the dwelling which is affected by the notice. Section 4: 5A.304 Chapter SA, Article III, Section 4, of Ordinance No. 853, City Code of i977, as amended, which currently reads as follows, to wit: Posting to Prevent Occupancy The Building official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any 2 owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building 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. is herewith amended to read, Section 4: Posting to Prevent Occupancy The Building Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified, by inspection report, of the items which must be corrected within a certain stated period of time, and that the corrections have not been made. Upon the posting of any dwelling or dwelling unit(s), the tenant or occupant of said dwelling or dwe!!ingunit(s) shall be given notice of the posting. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safe~y of the occupants. No person, other than the Building 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 Chapter 5A, Article 4, Section 8, of Ordinance No. 853, as amended, which currently reads as follows, to wit: Section 8: Suspension or Revocation SA. 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. 3 Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall bet_hose prescribed in Chapter 5 of the city Code. is herewith amended to read, Section 8: Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal' to 50% of the license f~e. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code, additionally however, a Statement of Cause and a Notice of Public Hearing shall also be served upon each tenant or occupant of the affected dwelling or dwelling unit(s). At said public hearing the tenant(s) or occupants shall be given an opportunity to be heard by the City Council. SECTION 4: 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: Offered By: Seconded By: Roll Call: Mayor Jo-Anne Student, Council Secretary 4 Address: Owner of Premises: COMPLIANCE ORDER Date of First Inspection: Time of First Inspection: Date of Second Inspection: Time of Second Inspection: Inspection Officer: Pursuant to Chapter 5A, the Housing and Maintenance Code of the City Code of Columbia Heights, aN inspections of the above premises was completed on and the following violations and/or deficiencies ware noted and require corrective action: Code Section Violated 2. 3. 4. 5. 6. 7. 8. 9. 12. 13. 14. CODE VIOLATION S~Y Narrative of Violation Corrective Action EXHIBIT D page two Please be advised that the owner has forty-five (45) days to correct the violations listed above. Additionally, In order to insure prompt attention in this matter, your property will have a follow-up inspection on at . This date, however, may be subject to change, contact your landlord for further information. If the above set forth items are not correct by the date of re-inspection the following will occur: a) The landlord will receive a final Compliance Order pursuant to Section 5A.303(1) of the ColuMbia Heights City Code, b) The property in question will be posted to prevent occupancy, pursuant to Section 5A.304(!) of the Columbia Heights City Code, c) If all the violations are not corrected the landlord will be assessed a re-inspection fee in the amount of $ ; d) The building may be subject to further violations shouid any be noted upon a follow-up inspection; and e) A date and time will be set whereby the enforcement officer will petition the City Council for a Public Hearing on the revocation of your landlords rental license. Please also be advised that pursuant to Section 5A.305(~) of the City Code anyone to whom a Compliance Order is directed may appeal the findings of the inspections officer. Tenants who receive a Compliance Order regarding their residence have the right to appeal. Ail appeals shall be filed within forty-five days from the date of service of this Compliance Order or the right to appeal shall Be deemed waived. For further assistance please contact the Enforcement 9fficer at the following number . Signature of Enforcement Officer Date: To: Address: Dear Sir/Madam: Our records indicate that you have filed a notice of appeal, regarding a Compliance Order issued to~__~address) and dated ~date) Please be advised that your hearing before the Board of Appeals is scheduled for DAY , DATE , at TIME . At the hearing each party (i.e. the City of Columbia Heights and yourself) has certain rights and privileges afforded them. First, you have the right to be represented by an attorney if you so desire. Secondly, you have the right to bring witnesses and take their testimony. Further, you may introduce documentary and physical evidence to support you claim. You may also cross-examine any witnesses or documentary evidence produced by the City of Columbia Heights. Please refer to Section 5A.306(1) of the City Code for a more detailed explanation of your rights and privileges. If you have any questions please contact the Building Department at 782-2800. Yours very truly, Evelyn Nygaard Building/Zoning Administrator EXHIBIT E CITY COUNCIL LETTER Meeting of: August 8 AGENDA SECTION: Ordinances and Resolutions ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER' S APPROVAL NO: ITEM: Resolution - Ethics Policy for City BY: PAT HENTGES BY: Employees. /_~"~ DATE: 8-2-94 DATE NO: This is a proposed resolution for the adoption of an ethics policy by the City of Columbia Heights in order to create a policy in conformity to recently passed legislation by the State Legislature. The resolution prohibits City employees and elected and appointed officials from accepting gifts. Other Minnesota Cities are also dealing with this issue. Contacts were made with Fridley, Minnetonka, St. Cloud, Coon Rapids, and Anoka. Fridley, Minnetonka, and St. Cloud each have portions of their charter which deal with this issue (see attached). The Fridley charter is actually more stringent than the state resolution. The cities of Anoka and Coon Rapids have not considered resolutions on this topic but are currently discussing this issue and may be acting in the near future. RECOMMENDED MOTION: Move to waive the first reading or Resolution ~. 94- ample copies available to the public. , there being RECOMMENDED MOTION: Move to adopt Resolution No. 94- , Resolution of the City Council of the City of Columbia Heights, AdoptiOn of an Ethics Policy for City Employees Pursuant to Minnesota Statute 471.895 Dealing with Acceptance of Gifts By Public Officials and Employees. COUNCIL ACTION: Resolution 94 - RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, ADOPTION OF AN ETHICS POLICY FOR CITY EMPLOYEES PURSUANT TO MINNESOTA STATUTE 471.895 DEALING WITH ACCEPTANCE OF GIFTS BY PUBLIC OFFICIALS AND EMPLOYEES WHEREAS, the Minnesota Legislature has passed a new law (Chapter 377, specifically Minnesota Stature 471.895) prohibiting most forms of gifts from interested persons to local officials; and WHEREAS, Minnesota Statute 471.895 defines interested persons as, "a person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make."; and WHEREAS, Minnesota Statute 471.895 defines local official as, "an elected or appointed official of a county or city or of any agency, authority, or instrumentality of a county or city."; and WHEREAS, this definition has been interpreted to mean that any official who has any input to the decisionmaking process (recommendations included) falls within the scope of this law; and WHEREAS, Minnesota Statute 471.895 defines gift as, "money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving (from the local official) consideration of equal or greater value in return."; and WHEREAS, various legal opinions have suggested that a very broad scope is being used to interpret Minnesota Statute 471.895; and WHEREAS, the League of Minnesota Cities has provided further study of this issue and has recommended that cities apply this statute to all of their employees until further clarification is provided by the state as to the scope of the statute. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the following policy is hereby adopted by the City of Columbia Heights. An interested person shall be defined as a person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. A local official shall be defined as an elected or appointed official of the city er c~ my agency, board, commission, authority, or instrumentality of the city and shall include all individuals who have any input into the decisionmaking process. No City Employee, elected or appointed official shall accept gifts of any type, including meals, from any interested person. City Employees, elected or appointed officials may accept awards, such as plaques, which are given in recognition of individual services in a field of specialty or to a charitable cause. o City Employees, elected or appointed officials may attend receptions, dinners, or other functions away from the individual's place of work provided they have been invited by an organization to make a speech, answer questions, or present information as a part of a formal training program or seminar. 6. The City Council shall instruct the City Manager to oversee this policy. Approved this Motion by: Seconded by:. Voting Aye: Voting Nay: Absent: ATTEST: day of , 1994. Joanne Student City Council Secretary Joseph Sturdevant Mayor Date : January 10, 1994 From : Chris Hagelie, City Administrator ~ To : All Employees Although I was aware that the Charter addressed conflict of interest issues for elected and employed public officials, ! was not aware of the degree to which the Charter addresses these issues, i would like to take this opportunity to remind you of the Charter requirement regarding accepting favors or contracts. Section 14.3 of the Home Rule Charter is very broad, and therefore, very restrictive. It states as follows: "Sec. 14.30 City Officers Not to Acce.m Favors or Contracts No officer or employee of the City shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of any improvement or alteration or repair required by authority of the City, or any contract to which the City shall be a party, except the lawful compensation or salary as such officer or employee, unless the Council has with full knowledge of the interest of an officer or employee in such a contract, accepted and approved the same by unanimous vote of alt members of the Council. No officer or employee of the City except as otherw!.se provided in this amendment, or by law, shall solicit, accept, or re.c. elvet directly or Indirectly from any ,,ublic utilltv corporation or the Owner of any pubhc utility or franchise~ .any p. ass~ frank~ free ticket, free serwce or any other favor~ u .[~.n terms mo_re ~a_vg..r.,!b~le th_~_an, th_..ose .............................. ~'~-n-f~a l~y-th-'~-pu--BlI'~'~k;rill~, A vl81'~'{l'c~' of a}~y'i~i'~)V'lSib'n' 6trtl'i'l~'~t-i~fi~ ~h-~[l~:~lifl~ ................. the offender fi'om continuing in the office or in the employment of the City, ~and the offender shall be removed therefrom. Any contract with the City in which any officer or employee becomes directly or Indirectly interested except as herein provided, persona, lty or as a member of a firm, or as an officer or a director of a corporation shalt be void; and any money which shall have been paid on such contract by the City may be recovered from any or all the persons interested therein by joint or several action." After reviewinp, Section 14.30 (especially the first sentence), i've come to the conclusion and so recommend that all City personnel not accept any t~ift, meal, paid entrance to any recreational, cultural or social event from any vendor, contractor or consultant. In some cases, such as lunches and Sifts, the value is very small and one could arfiue Insignificant. Nevertheless, since the Charter does not differentiate between the amount of value, ! suggest you pay your own way. Otfls can either be returned or donated to a charity. me as (Mayor, or Councilmember, or City Manager, etc.) of this city to the best of my Judgement and ability." (Ref. Ord. 8§7) Section X2.04. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS. No member of the City Council or employee of the City shall solicit or receive any pay, commission, money, thing of value, or derive any profit, directly or indirectly, from or by reason of, any improvement, alteration or repair required by authority of the City, or any contract to which the City shall be a party, except lawful compensation, including authorized expenditures, or salary as such member of the City council or as such employee. No member of the City Council or employee of the City, except as otherwise provided in this Charter, or by law, shall solicit, accept or receive, directly or indirectly, from any public utility cerporatlon or the owner of any public utility or franchiee, any pass, frank, free ticket, free service, or any other favor, upon terms/more favorable than those granted the public generally. A violation of any of the provisions of this Section shall disqualify the offender, if found guilty, from continuing in office or ~n the employment of the City, and the offender shall be removed therefrom. Any contract with the City in which any member of the City Council or employee of the City is, or becomes, directly or imdirectly interested personally shall be voidable at the option of the Council; and any m~ney which shall have been paid on such contraqt by the City may be recovered from any or all of the persons interested therein by Joint or several action. (Ref. Ord. 857) Section 12.05. OFFICIAL BONDS. Th~ offices of City Manager, the City Clerk and City Treasurer and such other officers or employees of the City, as may be provided f6r by ordinance, shall each, before entering upon the duties of their respective offices or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the City Council and approved as to form by the City Attorney. They shall be filed with the Secretary of the Council. In the event the Secretary of the Council holds more than one (1) office by appointment, the Secretary's bond or bonds shall be filed with the Mayor. The provisions of the laws of the State relating to official bonds, not inconsistent with this Charter, shall be complied with. The premiums on the corporate surety bonds hereinbefore provided for shall be pa~d by the City. (Ref. Ord. 857) CITY COUNCIL LETTER Meeting of: August. 8, 1994 AGENDA SECTION: PUBLIC HEARINGS, ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: EARLY CHILDHOOD--SPECIAL EDUCATION BY: PAT HENTGES BY: ~' PROGRAM REQUEST OF SCHOOL DISTRICT DATE: 8-4-94 DATE~f7v- NO: 6 G Last week, the City Council and School District officials were forwarded a copy of a proposed resolution and indemnification agreement concerning the relocation of the Early Childhood- Special Education Program to lease space at Columbia Heights Mall, 4001 Central Avenue. The indemnification agreement serves to protect the City from potential claims and defense costs arising from relocating the school use closer to the Box Seat (on-sale liquor use) than the prescribed 300 ft. separation. The attorneys feel that claims arising from a denial renewal or transfer of the Box Seat liquor license on the part of the Council may have standing, as opposed to a claim from a taxpayer Who is just dissatisfied with the City Council's decision. In any event, a taxpayer or adjacent land o~rner would have to have some level "standing" in order to perfect a claim. The School District's attorney feels that they cannot legally indemnify the city on these grounds (see enclosed opinion). The City Attorney (Barna, Guzy, and Steffen, Ltd.) is further reviewing the previous City Attorney's work. At the time of this memorandum, B.G. and S. is researching the existence of case, whereby a use such as a liquor operation would be "grandfathered" in of sorts, in the event another use such as a school operation located closer than the normal separation distance. In effect, this would remove any liability in the future. In all due respect to the parties, this issue can be resolved fairly quickly (60 days) with an ordinance change on the part of the City. Even if the occupancy permit was approved pursuant to the attached resolution, the City would have time to remedy the concerns through the ordinance change. The City Attorney, School District Attorney, and school officials will be meeting Monday to further discuss this matter. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECO~giENDED MOTION: Move to adopt Resolution No. 94- , Resolution approving an occupancy permit for the Columbia Heights School District at 4001 Central Avenue. ALTERNATE MOTION: In the event, additional developments arise on Monday, City staff will prepare an alternate motion for City Council consideration. COUNCIL ACTION: CITY COUNCIL LETTER.. Meeting of: July 25, 1994 -AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY HANAGER'S NO: 7 CITY NANAGER'S APPROVAL ITEM: EARLY CHILDHOOD SPECIAL EDUCATION BY: PAT HENTGES BY: ~~ PROGRAM DATE: 7-22-94 DATE~ NO: 7 B Be advised that the Columbia Heights School District_has approacned~_ · .......... the City, regarding+~ anl,,mh~ relocation of the Early Childhood Special Education Program to lease space Heights Mall, 4001 Central Avenue. There are two fundamental issues with the location of the activity in lease space at the mall. A summary of the issues and the city's initial answer to the school district and the school district's response is summarized as follows. (For further discussion, see Mark Gilbert's [Assistant City Attorney] and Jay Squires' [of Ratwick, Roszak, Bergstrom & Maloney, P.A.] memorandums heretofore attached): Issue 1): Does the City of Columbia Heights liquor licensing ordinances prohibit locating this activity within 300 feet of an establishment that sells beer or other intoxicating beverages? Answer: The Assistant City Attorney states that the liquor licensing ordinance does not prohibit th~ location of the school activity, but the City may face some future liability exposure in the event a future application for a license by the BoxSeat Sports Bar is jeopardized or denied based upon the proposed location of the school activity. The school district's attorney came to a similar conclusion, but also points out to city officials that the specific language states: "...Is within 300 feet of a .schoo~ buildin~ (emphasis added)". The emphasis here is that the space is not a building but an activity of the district (early childhood/special education/family services program). Issue Z): Does the zoning requirements/restrictions prohibit locating this activity in the area proposed? Answer: The Assistant City Attorney indicates yes, unless the proposed business can be defined as a permitted principal use in a "CBD" District or it is a use allowed by a conditional use permit; it is not allowed by the ordinance. The proposed ordinance would need to be amended to allow a proposed use. The school district's attorney cites a number of cases or circumstances under which governmental entities need to balance their interest to serve the best interests of the public. The attorney goes on to identify a number of factors to be considered in balancing interests. I request that the City Council carefully review both opinions because of the time constraints associated with this proposal. Consideration by the City Council would have to be made within the next few weeks. RECOmmENDED MOTION: I have requested that the City Attorney carefully weigh both opinions and fashion a motion that essentially finds that the proposed use is essential governmental function; and accordingly the provisions of the zoning ordinance do not restrict the proposed use; and that the proposed use is not a school building, and thereby alleviates City from future problems with the BoxSeat premises. COUNCIL ACTION: JUh-2?-lg~m 16:39 FROM KALI NR, ~I LLS, LIODDS MOLD ~J%RMLE$$ AGREEMENT This.kgreement, ,entered into this da~i~f July, 1994, by ~nd between the City of Columbia Heights, the qol~mbia Heights Sch~o~ Di~rict, and - ,'CM~D") is Proposing to enter into a lease at the building located at I00% Central~ Ave. No., Columbia Heights, Minnesota for the pu~.ose of,operating a Early Childhood Special Educe%ion Program; and ~,~ ~Wher6a~, the City of Columbia Heights (hereaf~e~ ,'=he City") has .expressed concerns regarding the proxim~t~ of liquor e~t~.btishments, including =he Box Seat Bar, to t~e CMSD proposed spacle in ~at certain city ordinances prohibit th~ o~era~ion of a lic .or establishment within a prescribed d±s~ance ~of a ,'school bui~,ding"i~ and, ~%~hereas', the City has expressed its cohoern over the pos~ibility of liability on its part should th~ City deny an appi.ication for !icensure or application for renewal of license subr%Dtted!by either a new liquor establishment or by a successor or ass2,gn of~the Box Seat Bar. Now,i ~herefore, in consideration of the p~e~ise, and the pro~izes exchanged herein, the par~ies agree to the ~ollowing: As oflthe execution date as first set forth ~bqve, CHSD and i their sucCeSsor and/or asslg~s, agree to an~ shall indemnify,,de~end and h~id harmless the re ±esentative. and employees, and all of t~e~r respective suc~essors~and assigns (collec=ive!y ,,city tndemnl$ees[), and each of ~hem, f~om and against, any and al! ltabtlities,[cIalms (whether or ~ot w~il founded), damages, actions (whethe~t law or in equ%ty), i~ettlezents, costs and expenses (inclUding withou~ !im ~ationI accounting fees, court costs and reasomable attorneys feet':and i~ostsl, and/or any o~her !os.es of whatsgever kind er nature, w~ich the City Indeumitees, or any of them, isu~fer, sustain or ~ncu~,ias a result of or in connection with. ahd~or based upon or &riszn~out of, directly or indirectly, any clalm'~by any partY, whether t~ey be a party uo this Agreement or not, who~ by reason of the City'~denial of the party', application for a ~iquor license or a' ten'Wa! thereof, whether for on-sale or off-.!ale purposes, claims ~t:has been dsma~ed as a result of the Clty'iSgran~ing of an occ~pancy!6ertiflcate to the C HSD Early Childhood S~e~ial Education Pro< iram. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL FOI~. i THE CITY OF COLUMBIA HEIGHTS PRovmo occu cY Emvar ' SCHOOL DIS~TRIcT i , THE COLUMBIA HEIGHTS ! ' AT 4001 CENT~ AVENGE ~ WHEREAS, the Columbia Heights School D~smct has rcq,uestedla ~pe.rr~. ~t £arl' Childh0~o~ Special Edu¢,tion Program withln le~se space at th, Oo~ lu~bm He,ghts Man, 4001 Central ~venue; and, speci:.beally define School activities as a permitted sales or serrate busmem withi~ the Contra busiri~ss Distri&; and WHE~AS, the School District has limited space capacity within,the~ exis' g facilities; { WHEP~'. AS, there ~e limited lease space opportardties within o~Jae residemia distripts or thc Limited Bus~ness District; and ~ WHEREAS, Attorney General's Opinion and Mkmesota Supreme C~urt Dex:isions ha~;e foun, that goV~rnent entities must balance their interest to serve the bed i~erest~, of the public, ~clu;ting basir~g their Capital Improvement Decisions on the following: 1. : Whether the proposed use is a governmental as opposed fo p~oprietary, use; 2. ~fhe extent of the public interest that would be served by :.~dae use; 3. Whether the use is for a function mmx~d by the State;! '4. i~xisting land uses and compatibility with the uses;!and .i 5. ~kltematives available to ~e municipality. , NOW THEREFORE, THE CITY COUNCIL RESOLVES: Zomng Ordinance and [the 1,m~ted lease ,pace oppo mmities iavailable to the School D~s~ict, the City of Columbia Heigh~ts finds that the greater good of the Pdl~li¢ is served by issuing a Occupancy Permit to .the Co.lm:qbia H?ight.s School Dim let to opefiate a E~rly Childhood Special Educatio~ Program in lease¢t space 10eated m 4001 central Aver~ue, columbia Heights, Minnesota." I FuRT~.~R RESOLVED: "that t~ri~r to issuance of '~he occupmucy permit thc Mayor and ithe City Manager are directed to ex'echte a hold harmless agreement by and between the City of Co!um.b.i~ Heights, the ow~ne~' of the buildin~ at 4001 Central Ave. No., representatives of the Early~ Childhood Special EduCtion Pro'g'ram, ~ud the school dlstrict whereby the school district a~ee~s~ to ~demnify and hold hannles~ Uhe City. 'of Colu_~..bia Heights from any and all damage~, e!.a~.s .,for &ar/ag?, ~cdor{s, or oth, proceedings arising out of a claim by the Box S. eat knorr), its me/cessors or ~ssigns, for fsi!usc to issue or re-issue a license t'o~ me ;~ue or nquor and o~r aleohblic beverages." Passe~~ this day of July. 1994. Offered by: Sec. or~ded by: Roll ~1t: Secrltary , of thc Joseph Sturdevant, lv~. yc { TOTAL P. E~4 DATE: TO: FROM: RE: Greggory J. Woods COLUMBIA HEIGHTS CITY ATTORNEY 941 PEHvAnd Rd. N.E. Minneapolis, MN 55432 (612) 572-3471 (612) 571-2418 (Fax) MP~O July 13, 1994 Columbia Heights City Manager Pat Hentges and Columbia Heights Planning and Zoning Committee. Mark E. Gilbert, Assistant Columbia Heights, MN City Attorney. Early Childhood Special Education Program. This memo is in response to the City's request for a description of the above program together with an opinion of the ramifications/problems associated with City approval of such program as proposed. DESCRIPTION OF PROGRAM This particular program is designed to serve 18 children ages three to six. Nine attend in the morning from 9 to 11:30. Nine attend in the afternoon from 12:30 to 3:00. Most of the children involved are mildly disabled. There will be one teacher, one speech clinician, a part time occupational therapist and two program assistants. Activities at the school are much like a typical preschool except that there are no outdoor activities. For the most part, parents will attend with their children. This school is governed by the Columbia Heights School District. (See attached letter for further information. Also, if there are further specific questions regarding the program, please call program coordinator Karen Schwab at 571-6000). SHORT ]tNSWERS ISSUE #1: Do CCH liquor licensing ordinances prohibit locating this business within 300 feet of an establishment that sells beer or other intoxicating beverages? ANSWER: No. 'SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER ISSUE #Z: Do zoning requirements/restrictions prohibit locating this business in the area proposed? ANSWER: Yes. Unless the proposed business can be defined as a permitted principal use in a "CBD" district or it is a use allowed by conditional use permit, it is not allowed by the ordinances. The ordinance would need to be amended to allow the use proposed. DISCUSSION OF ISSUE~ I. Commercial Licensing (ordinances ChaDter 5, 5.501(5%¢~)) and The above ordinances are intended to apply to those persons seeking a license to sell alcoholic beverages in the City. This ordinance is not specifically intended to limit the potential locations of a school. Rather, it is the potential locations of establishments selling alcoholic beverages that are limited. The concern that a future application for license by the Box Seat Sports Bar may be jeopardized is addressed by the ordinances. since Box Seat's application had been previously approved when no school was present, the ordinance does not mandate that their future applications be denied based on the proposed location of the school~ However, a different issue is presented if the Box Seat were to be sold. A new owner planning to sell alcohol would need to apply for a license. The location of the school may prevent approval of that license by the City. Whether this type situation would expose the City to liability or not from the current owner of the Box Seat is a debatable question. Box Seat might argue that the city is damaging them by allowing the school because the location of the school may make it impossible for a future owner to obtain a liquor license. Box Seat may therefore claim damage because the location of the school limits Box Seat's ability to be sold. The city's position would be that they certainly do not guarantee for the indefinite future that a particular parcel can always be used for a particular business. Condemnations, re- zoning, etc. show this to be true. If the city's concern regarding future liability is great enough, perhaps an agreement can be reached with the Box Seat so that the Box Seat can never pursue the city on this issue. A covenant not to sue might be obtained from them in which they agree not to sue the City in the future with regard to the City's involvement in allowing the location of the school. Another solution would be for the City to recognize the proposed use as something other than a traditional school so that the issue need not be reached in the future. In conclusion, the ordinances regarding commercial licensing do not speak to, nor do they prevent, the locating of the proposed school within 300 feet of the Box Seat Sports Bar. II. "CBD" Business District (ordinance section 12~ 9.112~1)):. The area in question is zoned "CBD". Permitted types of businesses allowed in the "CBD" district are listed specifically at 9.112(1). No type of school is listed as a permitted principal use in this district. Therefore, at the present time, absent an ordinance amendment, the proposed school is not allowed. However, certain uses are permitted in a "CBD" district by way of conditional use permit. These are listed at 9.112(2). Schools are not listed. (Day care centers are specifically allowed and are the only listed use that comes close to the proposed school.) Since schools are not listed as a permitted principal use or as a use allowed by conditional use permit, they are therefore not allowed. CONCLUSION I. The liquor licensing ordinance does not prohibit the ,,~ proposed location of the "school". However, if the City allows z~-~ that location, the City may face some future liability exposure if/ the Box Seat pursues such a claim. II. The proposed use is not specifically allowed in the CBD zoning district and the proposed use is also not specifically allowed by way of conditional use permit in that district. Therefore, unless the proposed use can be defined to fit one of the uses allowed or unless the ordinances are amended, the City should not approve this proposed use. POSSIBLE SOLUTION Practically speaking, there is no quick way to remedy the problem. If the ordinance is amended, the time delay is prohibitive to the school. The time crunch faced by the school district and other proponents of the "school" is unfortunate. They should have started the wheels turning sooner. It is not practical or proper to allow preparation of the lease space for the school to be done simultaneous with the ordinance change procedure because there is no guarantee that the city counsel would even approve such amendment. If the school can somehow wait the period of time needed to amend the ordinances, then it may be appropriate to amend the ordinances as follows: 1. Being somewhat of a hybrid school or non-traditional school in nature, the ordinance could be amended to narrowly and specifically allow this type school as a permitted use in this zoning district. Define "school" in the ordinance so that a traditional school like a grade school or high school is specifically disallowed in a CBD zoned district. This would prevent the ordinance from being diluted to the point where certain uses are allowed even though those uses do not "fit" in the CBD district and were never meant to be allowed in a CBD district. Please feel free to call if you have any questions. Sincerely, KALINA, WILLS, WOODS, GISVOLD & CLkRK Mark E. Gilbert Attorney at Law MEG/hmr Enclosure cc: Greggory J. Woods Co Heights ' Pubhc Schools Independent School Diztric~ #15, ~400 49~.h Avenue N.E., C&~bia Hei~, ~eso~ 5~2! Telephone: (612) 574~505, F~ (6~) 57~6~1 ~. ~ H~I~ Supe~nd~t MEMO DATE: TO: FROM: INP, E: June 28, 1994 Patrick Fischer, ~folfpack Properties Margaret Heck Director of Special Services Description of Early Childhood Special Education Program This memo is in response to your request for a description of the Early CbJldhood Special Education (ECSE) Prograln. This program would occupy the T-7 (smaller) space of your property, n_'he program serves approximately eighteen ct,.ildren ages uhree to six- Not ~Ii eighteen are in attend~-nce at the same time, ho~vever. Typicr~lly z~!ne attend in the morning a_nd nine in r_he afternoon. The program runs Monday through Friday and follows the school district c.alendar (attached). The morning session runs 9 to 11:30 and the afternoon ses- sion iron', 12:30 to 3:00, Since our lease would extend across the sum- -,~le-~ mon~hs, we would anticipate rna_king use of the space for extended year programming which would look very much like the regular school ye. ar. The children involved are mildly di~abled. Program staff include one ECSE teacher, one speech cll;-,ici~rl, a part- time occupational therapist and two program assistants. We are antici- pating the addition of a public health nu.rse to check periodic_~lly and be on call Program activities are much l~e a typical pre-school except that no outside/playground activities take place. Most of th~ children are bused to the program or are brought by a parent/gua~''~-Aan. the staff meet with the parents/guarchans of all the children T~-ice a year ...... ,~ ....~ periodic Re,jews), Other profes- in separate meetings %celica ~r ~ ~,,, - sionals and concerned persons attend these meetirigs to plan and ev~.lu- ate each child's specie program. A team n~eet. W-g .typically consists of about ten people, The children are not in .at%enda. r~¢e durin~ the meeU. ngs. An Equal Opportunity Emgloyer , Page 2 , d $ rln;~ for about ri-~r¢~ weeks total as needed the In the fall ~ ~ p~,~..~ c~dr~ to dete~ne e~g~b~ for s~ces. ~e rest of ~e c~dren ~e not ~ ~nd~c~ dung ~e ~ss~ssment p~od. In zd~flon to ~e ECSE progr~ ~d depending on "nego~afions" com~ perso~el, we may ~sh to conduct some of our pre-s~ool ee~ s at ~e site. E~ly c~o~d s~eemg t9 m~dated~y s~ _~ . _ _ Co~ to conauct som~ o~o~ w~ ~ .... ,--~ ~oU% one ~ hour xor a ~ ~ s ~e ~ous proced~es ~d appro~atelY ten c~9~ ~ ~e~ ~at ~e gong ~ou~ ~e $cree~g at ~y one ~e. a ~% ~or~s 's~ee~g co~d be held ~t ~s site, it ~o~d b~ng so~e bus.ess m~, I wo~d ~. h hOpe ~at I have prodded enough ~o~a~on to ~ve you a feel for at ~e progr~ looks ~e. If you need more ~o~a~on or have ~ons. feel ~ee to c~ me at 574-6502 or 571-6000. Eric. IAIrm~t is Early Childhood Family Education? Early Childhood Family Education (ECFE) is a program for all Minnesota families with children between the ages of bir~h and kindergarten enrollment. It recognizes that families provide chil- dren's first and most important learning environments and parents are children's first and most significant teachers. It is the mission of Early Childhood Family Education to strengthen famP lies a~qd support the ability of all parents to provide the best possible environment for the healthy growth and development of their children. Who participates in Early Childhood Family Education? Parents and children participate together, Participation by families ls voluntary and services are offered free or for a nominal fee. Fees are waived for families unable to pay. Early Childhood Family Education is committed to universal access for all families. Availability of the program to ail families avoids the potential segregation, stigma, and labeling associated with targeted programs. All parents can benefit from support and information, especially dudng the early years of parenting. Recognizing that families have different needs, programs offer special sessions for families with specific concerns such as single parents, teen parents, parents of children with disabili- ties, employed parents and others. It is the goal of Early Childhood Family Education to serve a representative cross-section of families with young children. This frequently requires special outreach and program delivery strategies. What happens in Early Childhood Family EduGation? The Columbia Heights District #13 Early Childhood Family Education program is designed to meet the needs of families in our community. Our program includes the following components for children and parents: · Parent discussion groups · Play and learning activities for children · Parent/child activities · Special events for the entire family · Home visits · Eady screening for children's health and developmental problems · Information on other community resources for fa,milles and young children · Libraries of books, toys and other learning materials .Transportation Program activities are provided by licensed p~rent educators and e~riy childhood teachers, These programs ca~ be held in school buildings, shopping centers, apartment buildings, home- less shelters, churches and other community sites. Our program works closely with education, amd huma~ service agencies to assist parents and children In obtaining other needed pa4'flcipa'don - We serve 250 families per week. Paul C, Ratwik John M. Roszak Peter D. Bergstrom Patricia A, Maloney* Terrence J, Fay* Stephen G. Andersen** Scott T. Anderson Kevin J. Rupp Jay T, Squires Claire C. Olson Ann R, Goering Nancy E. Btumstein Kathryn M. Eilers RATWIK, ROSZAK, BERGSTROM & MALONEY, P.A. Attorneys at Law 300 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 (612) 339-0060 Fax (6t2) 339-0038 SENT BY FACSIMIT,W. AND U.S. MAIL Mr. Pat Hentges City Administrator City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 Of Counse1 David S. Barrel Re: · Also admil'ted in Wisconsin ** Civil Trial Specialist Certified by the Minnesota State Bar Association July 19, t~3 ~ ~ ,' L'.L t0 Columbia Heights School District's Lease of Space in Shopping Mall Our File No. 13-0046 Dear Mr. Hentges: This letter follows up our several telephone conversations this past week. I represent the Columbia Heights School District. The School District is attempting to effectuate the lease of space in the Heights Shopping Mall. The space would be used as part of the District's Early Childhood/Special Education/Family Services program. The shopping mall is located in the "CBD" zoning district. The zoning ordinance lists permitted and special us~s in the CBD district. The use contemplated by the School District is not expressly referenced in the zoning ordinance, although governmental offices are a permitted use, and day care centers are a special use. The Box Seat Sports Bar is also located in the shopping mall, and is apparently within 300 feet of the proposed leased space. The intoxicating liquor license provisions in City Ordinance No. 5 state: No license shall be granted for any hotel or restaurant building, the nearest point of which measured in a straight line is within 300 feet of a school building (emphasis added). By opinion dated July 13, 1994, the Columbia Heights City Attorney, Mark Gilbert, correctly opined that the zoning ordinance of the City would not, as written, allow the School District to lease space in the CBD district. He indicated an Mr. Pat Hentges Page 2 July 19, 1994 amendment to the zoning ordinance was necessary. He did not address, however, the issue of the general application of the zoning ordinance to the contemplated use. In the same opinion, the City Attorney acknowledged that the liquor licensing language set forth above does not prohibit the lease of space in the shopping mall by the School District. He did suggest, however, that the City should take action presently to assure that no problem is created in the future based on renewal of the Box Seat liquor license, or, alternatively, sale of the Box Seat business. You asked for my input on the above issues and my opinion on the mechanisms by which the School District's use of the leased space could occur within the existing City ordinance requirements. This is particularly important given the extreme time constraints the School District is under. The previous space for the above noted programs has been lost to other School District needs. The District must, therefore, locate and improve new space to be up and running by the beginning of September. A lease must therefore be approved, and all issues resolved, by August 1, 1994. On the zoning point, the authority of a city to regulate the affairs of a school district has been a difficult area of law. The most recent decision by the Minnesota Supreme Court, Town of Oronoco v. City of Rochester, 197 N.W.2d 426 (Minn. 1972) (copy attached), made it clear that there are circumstances under which governmental entities are exempt from the zoning ordinances of another governmental entity. Also, prior to the Oronoco case, the Minnesota Attorney General had considered the issue of application of city zoning ordinances to school districts. In that case, the Glenwood School District was considering constructing a press box that would have violated city ordinances. The Attorney General, though prior to the Oronoco case, indicated, like the Court did in 0ronoco, that the interests of the school district and city should be balanced to determine whether or not the zoning ordinance should be applied. See Op. Atty. Gen. 59-a-32, June 21, 1968 (copy attached). An Attorney General's Opinion subsequent to the Oronoco case reaches a similar conclusion. In that opinion, the Roseville School District was c?nsidering using a closed school in a manner that would be inconsistent with the city zoning ordinance. Again, the Attorney General indicated that the respective interests of the school district and city should be balanced to determine whether the use would be permitted notwithstanding application of the zoning ordinance. See Op. Att. Gen. 59a-32, October 24, 1980 (copy attached). Some of the factors to be considered in balancing interests include: Whether the proposed use is a governmental as opposed to a proprietary use; Mr. Pat Hentges Page 3 July 19, 1994 2. The extent of the public interest that would be served by the use; 3. Whether the use is for a function mandated by the State; 4.Existing land uses and compatibility with the uses; and 5. Alternatives available to the municipality. In the present case, the proposed use is governmental. There is no question that the public interest would be served by providing adequate facilities for special education and early childhood services. Finally, locating the program on.the site would be consistent with existing uses. The program is a hybrid of a governmental office/day care center type operation. Both uses are allowable uses in the CBD zoning district. As indicated in the September 25, 1969 Attorney General's opinion, the decision to apply the City Zoning Ordinance is a simple question of fact for the City Council. In this light, the School District asks the City Council to expediently consider this matter and conclude that the Columbia Heights zoning ordinance would not apply to prevent the School District from leasing the contemplated space in the shopping mall. For your'information, and as we discussed, I believe the Anoka-Hennepin School District ECFE facilities are currently located in an old manufacturing facility on an industrially zoned parcel in Anoka. I believe Anoka concluded the services were of significant public importance so that they outweighed any land use concerns of the City. On the liquor license issue, the City Attorney strongly suggested that the City Council also currently address all issues so that no issues arise in the future which might give rise to damage claims. The School District also has a strong desire to assure that all matters are resolved prior to execution of a lease agreement. The City Attorney suggested that the liquor licensing ordinance might prevent the granting of a future liquor license for the Box Seat premises. This conclusion revolvedon a presumption that the space to be leased by the School District would be a "school building" within the terms of the Liquor License Ordinance. The attorney suggested that to resolve this issue, the City could ,,recognize the proposed use as something other than a traditional school [technically under the ordinance, a school buitdinq] so that the issue need not be reached in the future." It is important to note that the ordinance does not define "school building." While state law does not set forth a definition of school building, Minn. Stat. § 121.148 et seq. and Mr. Pat Hentges Page 4 July i9, 1994 Minn. Rules 3500.3900 et seq. require all school districts to submit plans for erecting or remodeling "school buildings" to the Department of Education for review. Importantly, school districts in Minnesota are not required to submit leased space plans to the Department. The Department does not define "school building" to include leased space, and such a conclusion is seemingly probative in the present case. In simple terms, the ordinance language does not prohibit licensing of liquor establishments within 300 feet of property or spaced owned, leased or otherwise used by a public school district. Instead, it prohibits licensing of liquor establishments within 300 feet of a school buildinq. The language does not apply in the present case. To the above end, the School District asks that the proposed lease of space be expeditiously submitted to the City Council for two determinations: That the needs of the School District allow a conclusion that the zoning ordinance provisions do not restrict the proposed use; and That the proposed use is not a "school building," thereby alleviating potential future problems with the Box Seat premises. The School District clearly agrees that the above determinations revolve around unique facts. They would not be used for precedential purposes. In other words, if a similar situation arose in the future, which would be unlikely in any event, that situation would need to be assessed on its own merits. Please review this letter so that the matter can be resolved ~romptly.. I will be out of my office until August 1. If any !ssues arise, please contact Kevin Rupp. Very truly yours, ~ay~T. Squires Enclosure cc: Dr. Alain Holt Mr. Larry Williams Mr. Patrick Fischer, Wolf Pack Properties 13/ttr7 .'2.;' was thereafter commuted to 10 yez~ and on Janua~ ~, 1972, defendant w~ re- leased on parole. This appeal is /rom order denyin~ his ~stconvlcfion motion to withdr~w his ~ilty ple~ Defendant con- ten~ thzt his pl~ w~ based u~n mis~k- tn info,etlon from his attorney that ~e state could require defendant's wife to tes- tify concerning /ac~ which she obse~ed a: ~he time oi the shooting. Funhe~ore, defendant asserts that he mgda certain statements at a psychiatric examination which negate a factual b~sis for the inten~ to kill. F~ally, defendant aries ~at ~e plea should not have been accepted when the defenses of self-defense and extreme provocation were available. [1] A review of the postconviction record and the facts surrounding the shoot- ing indicates that thc reason for defend- nat's plea was the distinct possibility that a jury might find him guilty of first-degree murder. At the hearing defendant stated that the counsel he had chosen had ex- plained to him the elements of first-degree murder and of second-degree murder and that he had understood them. He was also advised 'that there was a good chance he would be found guilty of first-degree mur- der and that he would probably spend less time in prison if he pled guilty to the sec- ond-degree charge than if convicted of first-degree murder. His attorney advised him that a self-defense plea would not suc- ceed. Even if his wife could have been kept from testifying against him, other evi- dence available to the state was such that he could have been found guilty of murder in the first degree and there was little or no chance of a claim of self-defense being successful,t [2] An application to withdraw a plea of guilty is addressed to the sound discre- I. A.B.A. Standards for Criminal .lustiee, Pleo.s of Guilty. Part II, WithdrnwaI of the Plea. 2. %Vaiving trial involves n rink that an attorney's assessment of the law or facts .I~.~,PORTF.,R, g4 1'.'7 ,. .. ". tlon of the trial ~u~ ~ete ~ proof of an~ m~t inj~fice ~h~ch' w~ n~essa~ to corre~ by wkhdrawal of ~e ~il~y ple~~ ~e order ~ affi~e~. TOWN OF ORONOCO, Appellant, Clifford E. Stevens, et al., intervening Plaintiffs, Appellants, V, CITY OF ROCHESTER, Respondent. CITY OF' ROCHESTER, Respondent, V. COUNTY OF OLMSTED, et al., Respond- ents-below, / Town of Oronoeo, et al., Intervening Respondents, Appellants.-' Nos. 43264, 43265. Snprome Court of MinnesoUt. April 25. 1972. Appeal by city from refusal, by county planning advisory commission and by coun- ty board of adjustment on appeal, to grant special exception permit to operate solid- waste disposal system was consolidated with action by town to enjoin city from operating such system. The District Court, Olmsted County, O. Russell Olson, .L, denied injunctive relief and ordered that permit be issucd allowing operation of such system, and town and intervening owners of nearby land appealed. The Su- preme Cour~ held that where city had need mi/Itt later prove to be erroneous. CL 3IcMann v. Richardson. ~97 U.S. TS.Q. 90 S.Ct. 1441. ~'i LEd_°d T~ (1970): ~Ic~uihlin v. State, ~1 Minn. ~, 1~ N.W~d ~ (19T1). : whic~ it. rmitting a: filant, rvenlng ~ondent. ~ondent, Respond- rvening 1, by county nd by coun- :al, to grant orate solid- :onsolldated a city from ae District sscll Olson, nd ordered ~pcration of intervening, :1. The Su- ty had need oous. Cf. U.S. 759. (l .q70): 277. 190 · ~OW2T Ot~ O~O~NOCO v. Cl~g or ~o~[s~ Cite ~s 1~ N.W~d 4~ {or immediate establishment o~ new w~te facility, and Pollution Control Agcn~ is- sued pc~it, ~or const~ction and operation hy city o[ solid-waste dispozM system, which was subject to conditiom Wing Agency opportunity to re~l~te operation oi such system, balancing of public inter- ests favored exemption of city from provi- sions oi township and county zoning ordi- nances insofar as they applied to establish- ment of such system. Affirmed. t. Eminent Domain Township zoning ordinance should not be applied to restrict actions of city under- taken pursuant to statutorily granted right o{ eminent domain. M.S.A. § 465.01. 2. Zoning ~==237 Generally, a governmental body is not subject to zoning restrictions where prop- erty is to be used for governmental, as op- posed to proprietary, purposes. 3. Eminent Domain C==i Municipal Corporations ~==589 Balancing-of-public-interests test is adopted for resolution 0£ coniicts which arise between exercise by governmental agencies of their police power and their right o{ eminent domain. 4. Zoning ~==237 Where city had need for immediate es- tablishment of new waste facility, and Pol- lution Control Agency issued permit, for construction and operation by city of sol- id-waste disposal systcm, which was sub- ject to conditions giving Agency opportuni- ty to regulate operation of such system, balancing of public interests favored ex- emption of city from provisions of town- ship and county zoning ordinances insofar as they applied to establishment of such Rockne & Rock'ne, Zumbrota, {or Town of Oronoco. Peterson & Popovich and James Knutson, St. Paul, for all appellants. A. E. Sheridan, Waukon, Iowa, for Ste- vens & Heins. Gerald H. Swanson, City Atty., Roches- ter, for respondent. Heard before MURPHY, PETERSON, KELLY, and NELSON, PER CURtAM. This case involves the efforts of the city of Rochester to replace its existing waste disposal facilities with a sanitary landfill, the site for which became the subject o{ a search begun in 1968. After consultation with the Minnesota Pollution Control Agency, the city obtained an option to pur- chase a 252-acre farm located north of Rochester, in the township oi Oronoco, in- tending to conduct various tests to deter- mine whether the site would be suitable for the landfill project. Shortly thereafter, thc town o{ Oronoco sought to enjoin the undertaking. A tem- porary injunction requiring the city Rochester to notify the court prior to the start o{ construction was entered. There- after, the Rochester Common Council pointed a technical committee to find a site for the land{ill, which committee recom- mended five locations, including the one in Oronoco. Upon receipt of the report the technical committee, the mayor of Rochester appointed another site selection committee. After investigating, this com- mittee listed eight possible sites in order preference, ranking the Oronoco site second,x In due time, the Oronoco proper- ty was purchased by the city of Rochester. Four months later, in Februa~ 1970, Pollution Control Agency issued a pe~it {or construction and operation o{ a solid- system. The locntlon ranked first subsequently proved to be unacceptable due to pollution problems. ~,8 Mitre. 197 lq'0R~H WIIS~ waste disposal system on the Oronoco property, subject to several conditions in- cluding the following: "No major alterations or additions to the disposal system shall be made with- out the written consent of the Agency. "This permit is subject without public hearing to modification or revocation, and may be suspended at any time for failure to comply with the terms stated herein or the provisions of any other ap- plicable regulations or standards of the Agency * * * and is issued with the understanding that it does not estop sub- sequent establishment of further require- ments for treatment or control at any time by insertion of appropriate addi- tional clauses herein at the discretion of the Agency if it is considered necessary in order to prevcnt or reduce possible pollution of the environment because of changed or unforeseen circumstances. "This permit shall bccome effective only if the location of the site or facility shall conform to all appticablc federal, state and local laws, ordinances and reg- ulations. "The sanitary landfill shall he operat- ed at all times in accordance with any applicable regulations or standards of the Minnesota Pollution Control Agency now or hereafter adopted. "Reports describing thc types and quantities of waste disposal at this site shall be submitted to the Agency every month, together with other information on the operation of the disposal system." On December 16, 1969, the Olmsted County Board adopted by resolution an or- dinance effective January 2, 1970. The or- dinance provided that upon approval of thc County Planning Advisory Commission a 2. The town of Oronoeo also has n zoning onliaauce, ~dopted D~eember 5.19G0, put- IL~POETER, id Sr.,ILlmS special exception l)ermit could be issued allow certain uses, including sanitary fills and dumps, in agricultural dlstr The ordinance further provided for appeal; from orders of the commission to County Board of Adjustment, and a hear.'-. ina before the board. Its decision is there.~ after reviewable by the district court in the county where the land is situated. Minn.- St. 394.27. In March 1970, the city applied to the Olmsted County Planning Advisory Com- mission for a "special exception permit" to operate the sanitary landfill, such use being "permitted upon approval of the County Planning Advisory Commission" by the terms of the County Zoning Ordinance. The commission, and on appeal the Board of Adjustment, refused to grant a special exception permit. The city of Rochester appealed to the d~strict court on questions of law and fact pursuant to § 39427. The town of Oronoco and Clifford El. Stevens and Harold E. Heins, owners of nearby land, were permitted to intervene. Follow- ing consolidation of thc appcal with thc ac- tion brought by the town to enjoin the city from operating the landfill, and a hearing on both matters, the district court dcnied injunctive relief and ordered a permit to be issued allowing the operation of a sanitary landfill on the land involved. In each case, the town and intervenors appealed from an order denying their mo- tion for a new trial. We are asked to decide whether the County Zoning Ordinance and, additional- ly, a similar township zoning ordinancez apply to the present factual context, and whether, if they do, the decision of the County Board of Adjustment was properly overturned by the district court. %Ve need only decide the first question, for it should be answered in the negative. [1,2] It is clear from the authority of cases and texts that a township zoning or- suant to which the land in question is zon e~l "agricultural." ,[inn. ~ the ~om- t" to the ~" by oard ccial ester tions The yens arby low- 2 city ,ring ,hied o be tary nors mo- thc )nal- -~ce e and ~e crly ~eed ~uld L TO~rl~ OF OEONOOO v. Cite aa dinance should not be applied to restrict the actions of a city undertaken pursuant to a statutorily granted right of eminent domain (in Minnesota by Minn. St. 465.01). See, City of Scottsdale v. Munlcipal'Court of City of Tempe, 90 Ariz. 393, 368 P.2d (537 (1962); Green County v. City of Mon- roe, 3 Wis.2d 196, $7 N.W.2d 827 (1958); In re Petitlon of City of Detroit, 308 Mich. 4S0, 14 N.W.2d 140 (1944); 8 McQuillin, Municipal Corporations (3 ed.) § 25.15, p. 46; 2 Metzenbaurh, Law of Zoning (2 cd.) p. 1289. Although here condemnation was not required because the city was able to purchase the Oronoco propcrty, we see no reason to apply a different rule. How- ever, whether the county zoning ordinance applied to the city's actions presents a more difficult question. The general rule, as stated at 101 CJ.S., Zoning, § 135, is that a governmental body {s not subject to zon- ing restrict{ohs ~vhere propcrty is to be used for governmental, as opposed to pro- prietary, purposes.s Frcquendy, in fact, authorities possessing the right to condemn have bccn held, by virtue of that right, to possess exemption from zoning regulations. State ex rtl. Askew v. Kopp, 330 S.W.2d 882 (Mo.1960); Decatur Park Dist. v. Becket, 368 Ill. 442, 14 N.E.2d 496 (1938); State ex tel. St. Louis Union Trust Co. v. Ferriss, 304 S.W.2d 896 (Mo.1957); Town of Bloomfield v. New Jersey Highway Au- thority, 18 N.J. 237, 113 A.2d 658 (1955). However, the trend is to limit such free- dom from regulation,~ a trend which we believe is well within the dictates of the public interest, principally because the pun- gent realities of urban sprawl and overpop- ulation have accentuated the need for land-use planning and control that serves as foundation for the exercise of police power in the area of zoning. Consequent- ly, in order to support the principle of en- lightened land-use control, we decline to adopt in Minnesota the general rule of S. Tt~ere is no doubt that the city of Ro~:hes- ter is here acting within its governmental capacity. Dehn v. S. Brand Coal & Oil Co., 241 .Minn. 237, 03 N.W.2d 6 (19r>t). governmental exemption from zoning regu- lation. [3] The exigencies of the present mat- ter, however, illustrate the core of wisdom in that general rule and the danger in too readily assuming enlightenment where none in fact may exist in the implementa- tion of a particular local zoning policy. Therefore, we adopt a balancing-of-pub- lic-interests test for the resolution of con- flicts which arise between the exercise by governmental agencies of their police pow- er and their righ~ of eminent domain. This is preferable to adherence to a less flexible "general rule" based simply on the form of the opposing parties rather than the substance of their conflict,s [4] In the case before us, the city of Rochester continues to utilize a site for waste disposal for which there is insuf£i- cicnt cover material and which constitutes a pollution threat to the nearby Zumbro River. The need for the immediate estab- lishment of a new facility is undenied. In opposition to development oi that facility on the particular piece of property here in question, it is argued that various threats to the environment would be presented and that, thercfore, a different site should be selected. Although an allcged threat of pollution involves a public-interest consid- eration of the highest order, in the present matter we are satisfied that the approval of the Pollution Control Agency already granted, coupled with the duty and attend- ant ample opportunity of that agency to regulate in the future the operation of the landfill, adequately dispel any fear that de- velopment of the Oronoco site would not be in the public interest for reasons of en- vironmental hazard. The balance of public interests, in short, favors exemption of the city of Rochester from the provisions of the Olmsted County Zoning Ordinance in so far as they are ap- 4. See, St. Louis County v. City oi Manches- ter, 300 S.W--°d 638 (Mo.t962). 5. See, .Note, 49 Minu.L.llev. tiS4, 300. 430 plied to establishment of a sanitary landfill on the Oronoco township site. Considera- tion oi further issues is, therefore, unnec- essaD', and the decision of the district court is at[firmed. Affirmed. 197 1¢0 E'I~ 1. Workmen's Compensation ~1142 Right to reo~n under sta~te izing Industrial Commission to set ~ide award {or cause applies to award made pursuant to stipulation as well ~ to one made after evid~tiary h~ring. ~.S.~"} 176.~1. 2. Workmen's Compensation ¢=~1781 Whether there exist~ sufficient cause to justify vacation of an award rests in sound discretion of Industrial Commission. ,Jesse WALKER, Respondent, ¥, MI DW£$T FOODS, et al., Relators. No. 42999. Supreme Court of Minnesota. April 28, 1972. Certiorari proceeding by employer and its compensation carrier seeking review of an order of the 1,¥orkmen's Compensation Commission vacating compensation award which had been made on basis of stipula- tion o:[ parties and allowing case to be re- opened. The Supreme Court held that :[act that everything concerning causation of claimant's injuries was not before Commis- sion at time settlement was approved and that claimant who was without an attorney might not have realized import oi opinion of one examining physician as to causation when placed vis-a-vis medical specialist's testimony that no causal connection exist- ed, coupled with inadequate settlement :[or injuries sustained, constituted "cause," un- der statute authorizing Commission to set aside award and grant new hearing :[or cause, so as to permit reopening :[or evi- dentiary hearing. Order affirmed. Todd, J., took no part in consideration or decision. 3. Workmen's Compensation ]~asic statutory objective for which discretion is invested in Industrial Commis- . sion to set aside award and reopen for ..~7. cause is to assure a compensation propor- tionate to degree and duration of disability, and although the Commission's discretion · is not without limit it has considerable lati- --.~ rude. M.S.A. § 176.461. 4. Workmen's Componsatlon ~:::178! It is not purpose of statute, authoriz- ing Industrial Commission to set aside . award and grant new hearing for cause, to permit repeated litigation of {act issues once determined on competent evidence. M.S.A. § 176.461. $. Workmen's Compensation ~2==~1145 Fact that everything concerning causa- tion o{ claimant's injuries was not before Commission at time settlement was proved and that claimant who was without an attorney might not have realized import of opinion of one examining physician as to causation when placed vis-a-vis medical specialist's testimony that no causal connection existed, coupled with inadequate so,lemons for injuries sustained, constitut- ed "cause," under statute authorizing Com- mission to set aside award and grant new hearing {or cause, so as to permit reopen- ing /or evidenfiar¥ hearing. M.S.A. § 176.46t. See pub~icsfion %Vords ~nd Phrases for other ~udicial constructlo~s and defilaitio~s. MINNESOTA LEGAL REGISTER VoL 2, No. &9 Opinions of the Attorney General Hon. DOUGLAS NL I-r~.A.D CITIES: MILL RATE FOR GEKERAL FUND PUR- POSES; M.S. 1967, Section 426.04: Laws 1895, Chapter 8. M.S. 1967, Section 426.04 does not impose a limits- tion upon the mill rate of taxes levied for general fund purposes by a city organized under Laws 1895, Chapter 8. Mr. Jaroslav Kruta September 25, 1969 City Attorney 519-c Red Lake Falls Clinic Building Red Lake Falls, Minnesota 66750 Your request for an ophnion addressed to Attor- ney General Douglas M. Head p~'esents the following: FACTS M.S. 1967, Section 426.04, provides in part: "426.04 T.a~'~ FOR GENERA/~ PT/RPO~S. The governing body of any city of the third or fourth class in this state Is hereby authorized to lev~ taxes annually agains~ the taxable property in any such city for all general fund purposes, not exceedLng %0 mills on the dollar of the assessed valuation of the city. computed as permitted under section T~$. 13, subdiv~ion 7a. In case the city Is operating un- der any special law or under any form of char~er which authorizes the city to levy taxes for general fund purposes In excess of 40 rnil/s on the dollar, these pro~sions shall not l~mit any such city..." The City of Red Lake Falls. a city of the fourth class, was organized in 1897 under Laws 1896, Chapter 8. La~ 1896, Chapter 8, Section 127. concerning the powers and duties of the c~ty council, provides: "Sec. 127. Power to levy taxes and make asses~- ments.--It shall have power to fix the ra~e of, sub- Ject to the res~rictions in this act conta/ned, and levy and collect general and special taxes for munl- cipa/purposes on real and personal proper~y within the citL and to levy assessments for local improve- rnents, and to prescribe the procedure in mak~g local hnprovements and assessing therefor, in so far as the same L~ not fLxed and prescribed by the terms of ti~ act." Laws 18~, Chapt~/' 8, and subsequent amend- men~ thereto, contain no provision limiting the mill rate for general fund purposes. You then ask the follo~Lng: ~ON "Does IvLS. 1967, Section 426.0%. trf~pose a max,- mum ltrnitation of 40 mills upon the mill rate of taxes levied for general fund purposes by the City Courier1 of the City of Red Lake F~ls?" OP~IN'ION The answer to your qued-riCh ~s no. M.S. 1967, Section 426.04, excludes from its aP- plication cities "operating under . . . any form of charter which authorizes the city to levy taxes for genera/ ~und purposes in excess of 40 m~/s on the cloll~r..." In our optnlon, La~ 1~95, Chapter 8, con- SubJect Op. No, Dated CITIES: Mill rats for general fund purposes. 51a-c 9/25/69 CITIES: Zoning ordinances; Regulations; school dia.,' tricts. 59-s-32, g~. 4 g~/69 EDUCATION: School cfflce~ and employees; A~ ~itutes a char~er. See State v. Ehrmantraut, 63 ~ 104, 108, 65 N. W. 251, 253 (1895); McQutl{in, Munlcipal Corl~rations, Sec. 902 (1966 rev.). ~ Op. A~y. ~. 51~, Aug. 30, 1954, copy encl~ed, we ~ed that tion ~.~ does not ~im~t ~e authority of a city of the t~d or fo~h cl~s to le~ ~es for general ~d p~oses where ~e city ch~ cont~s no ~- tion on such autho~ty. M.S. 19~, ~cUon 410.03 til other~e pro~ded ~ accordance ~th th~s cha~ ter, ~1 cities e~tMg at the ~e of the ~ng ef- fect of the ~ed Laws 1905 zh~ continue ~ gove~ed by the laws ~en app~cabte there..' Laws 1895, Chapter S, therefore, w~ pressed the cheer of the City of R~ L~e F~ S~nce Act does n~ l~mit ~he autho~ty to levy ~ for general f~d purpose, the authority of the Council of the City of ~d L~e F~ to le~ such t~es ls not limited by M~. t9~7, Section ~6.~ ~UO~S M. ~, Attorney ~ner~ / C.H. Luther, Deputy Attorney Oener~ CITIES: ZONING ORDINANCES: REGULATIONS: SCHOOL DISTRICTS: Under facts herein, where there is no conflict with the lawful exerc/se of state con- tTol under M. S. 1967 § 121.1~;, as amended by Law~ 1969, Chapter ~2, city could require school d/stric~ to comply with provision of city zoning ordinance af- fecting location of proposed press box on school athletic field. Op. Atty. Gem 5~-B-4, Nov. 2, 1967. Mr. James F. Nelson September 25, 1~9 Attorney for Independent 59-a-32, grD. No. 4 School District No. 612 (C~'. l~f. No. 160-M) Glenwood, 1~Ltnnesota 56334 In your letter to Attorney General Douglas Head you submit substantially the follow/nE: FACTS Glenwood school, which Is in Independent School District No. 6t2, is situated in the city of Olenwood. The school is considering construction of a press box on their athletic field and it appears that the box will be constructed wl~l'.~n $0 feet of the pro- perty line. The zoning ordinance and plans of the city of Glenwood show the athlekic field to be loca~d in a resident}al zone. Sec//on 24-~ of the MINNESOTA t .~GA.L, I:LEGI. STI/~ Published everT "Wednesd,7, and con~.tinl~E P~bM~hed by TI~ pROGI:LESS-P. EGLSTI~ By annu~l subscrtp~on only: $11.~0 tn &dv~c~ tncludin~ binder ~d i=de= requires specifically that no building shall be erected which ks set baclc from the front lot line a dkstance of le~s than 30 feet. You ast~ substantially the following: ~tUF.~TION Under the above facts could the city of Olenwood require the Glenwood school to comply with zoning ordinance provision? OPINION The statutory authority for cities to engage in planning and zoning activities is found in M.a. §§ 462.351 to 462.364 as amended. In Op. Atty. Gen. 161-b, August iS, lg66, copy previously forwarded, this office held that school l~oards s.re required by §462. 356, Subd. 2 ~o advise the municipal planning agency, in those municipalities which have a comprehensive plan, of their plans to acquire, dispose of or improve school district proper~y, but that a municipal planning agency cannot compel school districts to comply with its plans for community development. The opinion noted that §§ 462.351 to 462.$64 contain no provision expressly authorizing municipalities with comprehen- Sive plans to regulate and control capital improve- ment programs of other govern.mental agencies. The opinion concluded that in the absence of such express provision, such authority is not to be implied, insofar as school districts are concerned, in view of the re- sponsibility with respect to school sites and school buildings expressly delegated to the S~ate Board of Education by MS. § 121.15. M~. 196'~ § 121.15, as amended W Laws 19~9, Chapter .~2 provides as follows: · ~'he state board shall prescribe rules for school sites and for the mechardcal equipment, erection, enlargement, and chauge of school buildings. All plans and specifications for the erection, enlarge- ment. and change of school buildings shall first be submitted to the ~ate department of educa~ion for approval before the con~act is let and no new school buildings shall be erected or a.ny buLtding en- larged or changed until the plans and speclll~:a- 1;Ions have been submitted to. and approved by, the state department. The state board shall include in such rules those made, from time to ti,ne, by the state board of health relative to sanitary standards. for toilet.s, water SUpply, and disposal of sewage in public school buLldi_ngs. In all other respects the authority to make rules for public school buildings I~IOV'E1VIBEti ~, 196~ the power to prepare and furnlsl~ to loc~ school bo~ pl~ ~d spe~Ica~tO~ for tempor~ sc~l b~d~gs, coning two cl~oo~ or 1~. ~e ~ate ~o~d ~ approv~g co~truc~on pl~ spec~ic~ty qua~y its approv~ as ~tted solely physical plant, pI~ ~d spec~ica~o~ ~d l~ may specEically res~ve l~ approv~ ~ to ~e ad.abil- ity of coat.ct!on lrom ~ educattona pro~ st~dpo~t. Under such ~es ~d proced~e ~ state ~o~d shah prescribe, ~e state dep~.. may condemn school buH~n~ ~d sites w~ch ~e ~it or ~e lot ~e ~ ~c~" Th~ ~a~ute reco~es tha~ the ma~ance of pu~ lic schools ~ a ma~ter, not of local, ~ut of state con- cern. ~e Boa~ of Education v. Housh:on, 181 5~6, 2~ ~, W. 834 (1930); Eat~opf, The Law of Zont~$ ~d F~n~ng, ~rd E~tion, Chapter 18 f 1. ~ opi~on, a city Is ~ authori.~y to enforce school prope~2~ zo~ordln~ce '~ro~l~ w~ch 'are ~ conll~=,,~ m~2wful exercise Gl s~te'con- '~ls statute. However, a city h~ implied luthority under the bToad ~t Gl powe~ In ~f !62. ~g ~-~ pro~o~ wMch do not ~ve rm~ :o such con.ct. ~ot~ ~e facts pr~ented ~g~ that pro~sed press ~ox ~ to be phystcaly connected with, or an inte~ p~t of, any school build~g. We ~s~e, In the absence of ~formation to the con~, that l~ ~ intended pr~Hy for ~e ~y the v~Io~ news media rather th~ ~y s~uden~ Under '~e cMc~tances, we ~re of the opinion that the pr~ posed pr~s box does not constitute a school ~t~ the me~ o~ f 121.15 so ~ to reGuMe proval o~ pla~ and speciflcatio~ th~efor by the State Depa~ment of Educa~ton~ We have examined the ~1~ and re~latlo~ the Sta~e Board Gl Education, together ~th the Guide for Educational Plannin$ of School B~ld~gs and Sites in Minnesota w~ch ~ inco~ora~ed there~ by reference, and have lo~d no rules or re~latio~ pedaling specilicall7 to the location cf a pr~s on a school at~etic field. Nor ~ this a ma~ter w~ch ~ presently subject ~o state approva either ~der 121.15 or the aforementioned ~les ~d re~la~to~ i~ued pursuan~ thereto. ~ view of ~e f.~ct that enforcement of ~e sc~bed Glenwood zoning ordin~ce prolcon not conflict with the lawful ~ercae of ~te con~ol under ~ 12L15, we conclude that ~e city may ~orce such zo~g provision ag~t the school prope~y qu~tton. ~ ~is situation the school ~ ~ ~sent~y the same ~sition ~ ~hat of a m~fclpatty conf~nted ~y the zo~g ordnance of ~other m~clp~ity with- In whose bo~d~t~ it ~ c~tnE ou~ a gov~men~l f~c~om Op. Atty. Gen. 59-B~, Nov. 2, 196F, copy enclosed, involved a sanitary land-fill operation w~ch ~he city of M~ka~o wished to ~tablish ~ Nlcollet This oHice sald: "~ile the Supreme Court of this ~ate dealt wi~h the problem of zo~g offices of one subdivision conflicting with the gove~en~ ac~- NOVEMBER 26, 1969 our court will ~Tant complete ln,.m~ty from zon- ing re~ulations to governmental funckior~.' The opinion concluded that while the city should con- sider itself subject to the counts zoning ordinance, the zoning power of the county was not absolute: "In considering Mankato's application for a spec- Iai use permit, the county board should keep in mind that a court, when considering this appLica- tion, would probably engage in a balancing of in- terests. To the extent that the local ordinance Jectlves ~re more vital to the promotion of the health, safety and welfare of the local citizens, it should prevail. To the extent that the need for the proposed use is an overriding consideration, it should prevail.' We are of the opinion that, under the facts you have presented and in light of the above quoted rule, the city of Olenwood could require the Glenwood school to comply with the described zoning ordinance ,provision. The final dlclsion is one of fact for t~he city council to make. As so qualified, your question is an- swered in the affirmative. DOUGLAS M. I=fF_JkD, Attorney General l~lchael i~ Gallagher, Sp. Assist. Atty. Cren. EDUCATION: SCHOOL OFFICERS AND EMPLOYEES: ACTIONS AGAINST: School district may prowtde counsel for and indemnify officers and employees in action against thera for violations of 42 U.S.C. 1983 and 1985, provided that board finds them to have acted within scope of authority a.nd in good faith. M.S. 1967, § 466.07; § 466.12, Subd. 11; § 123.35, Subck 5; Cps. Atty. Gen., 768a, .lune 4, 1927; December 13, 1929; Au~-ust 3, 1934; May 2, 1944; November 14, 1944; Sep- tember 17, 1945; May 29, 1946; June 28, 1950 Op. Atty. Gen., 469b-1, April .;, 1958; Op. Atty. Gen., 469a-~, March 18, 193';; City of NIoorhead v. Murphy, 94 Minn. 123, 102 N.W. 219 (1905); State ex tel. Feistv. Foot, 151 Minn. 130, 186 N.W. 230 (1922). Farley D. Bright October 17, 1969 Deputy Commissioner of Education 7~8a 402 Centennial Office Building St. Paul, Minnesota 55101 In your letter to Attorney General Douglas Head you present the following: FACTS An action has been recently commenced in the 7Jnited States District Court, District of Minnesota, wherein the superintendent, assistant superinten- dent, director of secondary education, senior high school principal, two present school board members, and three former school board members of Independ- ent School District No. 283 are named as defendan~.s. The complaint alleges that the defendants, acting under color of the statutes, ordinances, regulations, customs or usage of the State and school district, in- tentionally and purposefully caused the school dis- trict t.o fail to hire ,plaintiff as a teacher because of his race. The complaint also alleges that "a conspir- acy existed in the School District to intentionally and hire Negroes and other minorities as :eachers because 142 of race," and that defendan~ prr~clpated in the con- spiracy during their terms of office. Jurisdiction of the United States District Court is based upon 28 U.S.C. Sections 1331 and 1343, and 42 U~.C. Sections 1963 and 1985. Recovery is being sought against the defendants in the total amount of $225,000. 00 as compensatory damages and in the total amount of $450,000.00 as punitive damages. The school di~ric'c has .no insurance against liability for damages result- ing from the torts of its officers, employees, or agent,% Based upon %he above facts you present these: QUESTIONS 1. Is the school district empowered to undertake the defense of its superintendent, assistant superin- tendent, director of secondary education, senior high school principal, two present school board members and three former school board members in an ackion alleging violation of Title 42 U.S.C., ~ections 1983 and 19857 2. Is the school district empowered to indemnify and save harmless Its supre~tendent, assistant su- perintendent, director of secondary education, senior high school principal, two present school board mem- bers and three former school board members against violation of Title 42 U,5.C. Sections 1983 and 19~? OPINION There is no express statutory authorization for the school district to provide legal counsel or indem- nification for the defendants. A/though Minn. Stat, 1967, Section 466.07 is a general authorization for such expenditures by political subdivisions, it does not ap- ply to Independent School District No. 283, because, according to your statement of the facts, the district does not have :he appropriate liability insurance. Minn. Stat. 1967. Section 466.12, Subd. 3. We must therefore examine the common law of this state in order to resolve the questions which you present. In City of Moorhead v..Murphy, 94 Minn. 123,.102 NW. 219 (1905), the Minnesota Supreme Cour~ held ~hat, in the absence of prohibiting charter provisions, a city council could reimburse its chief of police for legal ex- penses incurred in defending an action for false Impri- sonment, the officer's conduct being a good faith exer- cise of his official duties. The court cited with ap- proval and discussed at length the case of Sherman v. Cart, 8 i:L I. 431 ,1867). There it was held that a city council could reimburse its mayor for damages re- covered against him in an action for false imprison- merit. The Rhode Island cour~ also stressed the cri- terion of good faith performance cf official duties, concluding that indemnification was proper when figs criterion was met. even though the mayor was found to have exceeded the powers o! his office. State ex reL Feist v. Foot, 151 Minn. 130, 186 N. W. 230 (1922), held that a city board of water commis- sioners wa~ not authorized to reimburse an employee who was compelled to pay damages to persons in- lured through his negligent operation of an automo- bile. The court adopted language from decisions in two other Jurisdictions. Quoting from Hotchldss v Plun- keri, ~0 Conn. 230. 234. 22 Ail. 535 (I891), the collrt said: "First, the officer must have been acting in a matter in which the corporation had an intercO, Second, he must have been acting in t/~e discharge cles which might be used to provide for funding such planS, there exists, In our view, no single specific type of plan which will, to the exclusion of all others, satisfy the statutory requirement in each and every instance. In general, however, we think that section 465.721, at a mtnlrnurn' requires a governmental subdivision, w~tch undertakes to gT~nt severance pay', to make some specific arrangements which are reasonably designed to assure that there will be sufficient funds available to make such payments as will be required under the say. erance lm¥ program. In our view, the intent of the sectton is shnply to compel governmental subdivisions to give adequate adv~.nce consideration to providing for the ways and rne~ of meeting severance pay corruntt- ments ~ a practice which, in any case, would be dicta- ted by accepted principles of sound fiscal management even in the absence of a statutory rrmndate. We do not believe the legislature necessarily intend- ed, ~n every case, to require Immediate creation of c~h reserve sufficient to ~ive a governmental subdivi- s~en a present capacity to satisfy al~ potential future severance pay .claims, however contingent or remote. Such a construct/on could force governmental subdivi. stons in many situations to m,-.~ntain severance pay re- serves out of all proportion to the sums actually re. quired to meet reasonably anticipated needs. A construc. tion demanding that public funds be tied up in this man. net should, in our view, be avolded in the absence of clcar indication of =, legislative intent to the contrary. l~ather,~ we believe that the nature of the funding plan and the size of any reserve created in antlcIpat/on of future payments will depend upon the nature and extent of specific severance pay commitments and the time within which payment may be necessary. In lng a funding, plan, the governmental subdivision should be in a position to demonstrate that the plan Is rea- zonabl¥ designed to provide for availability funds, which are not otherwise committed, to make severance pay. merits as needed without impairing its ability to meet other expenses. Given the factual determination necessary to evalu. ating the adequacy of such plans, however, our office not in a position to pass JudgTnent on any particular scheme. WARREN SPAI~NATJS, Attorney General A~lchael iR. Ga/lagher, Spec. Asst. Atty. Gen. ~: ZO,wgrNG O]?,DI~A~WCE~: School DIstrict m~y ~ sub~t ~ ~ ~ o~an~ ~~ ~ of ~ ~l b~. ~m~[ ~t~ of ~ ~d ~ ~ m~t ~ d~~ ~d~ ~~. of-~ ~ Roger ~ Je~e~ ~. Octo~r 24, ~9~ Pete~on, Be~ & Conve~ ~9a~2 ~800 ~e~n Na~on~ B~ ~l~g Paul, ~nneso~ ~ Mo~ letter to Atto~ey ~ne~l Wa~en Sp~- ~, you p~sent ~bs~ally ~e follow.g: FAOT~ . .... Like many school district.~ Independent School DL~ trict No. 623, Rosevllle, has experienced declining en- rollment. This decrease in enrollment has necessitated the closing of several school~ The closed schools are located in areas zoned R-L single family resident/al distmicts In which pub~tc and private schools are pct. mitred uses. It is anticipated th~ the ~osed schools w~ll be leased to outside organizations which may inciude pub- lic agencies and quasi-public org~,~tiens. The City. of Rosevllle Is considering amending its zoning Code to require special use permits as a conclltion precedent to the use of the closed school buildings by public agen- cies and quasi.public org-an~atlons. The school district has informally c,ha~lenged the City's authority to regulate the use of property owned by a school district. As the attorney for the City, you then ask sub- stantially the following: QUESTION ~.y a statutory city, t~roug~ its zoning cede, regu~te ~;-~d use of ~roperty ov~ed by a school trier, which is no longer used as a public school, and is leased to public agencies or quasi-public org'anL~- tions by malting such uses permitted only a_~ter appli- cat/on for and issuance of special use permits by the city? O~INION Except to the extent qu-Ufied herein, we answer your questton ~n the affirmative. The school district potnts to ~f[nm Stat..~ 122.$$, subd. :10, as amended by ~MLm~ Laws :1980, cb~ 609, art. 6, § 17, which provides in part: (a) The board may lease a schoolhouse which Is not nceded for school purposes to any person or organL~ttiort The board may charge and collect rea. sortable consideration for the lease and may deter. mine the terms and conditions of the lea~e. The remaining portions of the subdivision provide that the rentals shall be used to retire outstandh-Ag bonds, and any remaining proceeds shall go into the capital expenditure fund of the district. The subcltvk, rlon also authorizes a d~trict to make capital improvements to a schoolhouse to facilitate Its rent:,L The school district also points out that Minrt Stat. l§ X23~6, subcL :1 and 123.63 (1978) gz-Ants a school district the r~ght to acquire schoolhouse sites by eminent domain. The authority of one municipality to regulate other through zoning ordh~ances h~s been a difficult area of law and has resulted in different tests being applied in different Jurisdiction.-, The dtfferent tests which might be applied are as follows: :1) The existence of controlling statutory provisions; 2) v,'hether the party to be regulated has the power of eminent domain; 3) whether the use of the property is proprietary or governmental; 4) the superior sovereign test; and the balancing of interest test. Rutge~, State ~Jnlverstty v. P~luso, 60 N.J. :142, 2~6 A. 2d 697 {:1972), Ctt~, of Temple Terruce v. Hillsborough Ass'n. Etc, 322 So~d 571 (l~m App. :1975), afl'cl., 332 So.2d 610 (Fla. :1976); and Governmental Immunity From Local Zoning Or. dlnances, 84 I-Iarv. r.I~. 869 For the reasons set forth below, we find that there O~'£OBE/~ '~Igs0 is no controlling statute. Of the remaining tests, only the balancing-of, interest test takes into consideration all conflicting interests. The other three tests select a single factor, which factor is often illusory, to reach a result which may not be in the best interest of the community as a whole. For that reason, and because of the reasons developed in explaining each test, we adopt the balancing.of-interest tesLt It is necessary first, however', to discuss the other tests. L Controlling Stab-ute Test: The school district's authority to lease its facilities to "any person or or. ganisation" is contained in Minn. Sial §123.36, subd. 10, as amended. The statutory language makes no com- meat on whether the school district, or its lessees, should be exempt from local zoning ordinances. The City receives apparent zoning authority from several sections. Minn. Stat. § 462.351, as amended by Minn. Laws 1980, ch. 566, § 17 states in part: The legislature finds that municipalities are faced with mounting problems in provid, i_ng means of guid- ing future development of land so as to insure a safer, more pleasant and more economical environ. ment for residential, commercial, industrial and pub- lic actl~-ittes .... Municipalities can prepare for an- ticipated changes and by such preparations bring about si~-ntficant savings in both private and public expenditures. Municipal planning, b.v providing public guides to future municipal action, enables other pub- lic and private agencies to plan their activities in har- mony with the municipality's plans .... It is tho purl~se of sections 462.351 to 462.3~ to provide municipalities.., with the necessary powers.., for adequately conducting and implementing municipal planning. (Emphasis added). },finn. Stat. § 462.352, subd. 5 (I978) defines a comprehensive municipal plan to mean: compilation of policy s~.tements, goals, stnnda:.ds, and maps for guiding the physical, social and economic de- velopment, both private and public....' (Emphasis added). ~inn. St. at~ § 462.3~6, subd. :1 (1978) provides that the comprehensive plan may be implemented through zoning ordinances. ~ubdivision 2 of that section states in part: [N]o publically owned interest in real ~:'op~rty within the municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the municipality or special district or agency thereof or any other political subdivision having ~urisdiction within the municipality until after the planning agency has reviewed the proposed acqutst. tton, disposal, or capital improvement and reported in writing to the governing body or other special district or agency or political subdivision concerned, its findings as to compliance ... with the compre- hensive municipal plan. ] Because an ordinance directly affects only the user ol the facility, the first issue ts whether the question of immunity ~rom the zoning ordinance is even au issue. Un- der ~ least the controlling culture, eminent domain, and proprle~ary-governmental tests, the ownership of the f~- cility is one of the key issues. For that re,son and because of the obvious legislative interest in assisting school dis- tricts to reu~ unused ~¢hool I&~Ilitle~ a ~h0ol dllt~Cl ~ entitled to have its interests considered in dece~iniug ~vhelhe~ lntmu~ity should agply. It must be noted that the leg~-t~_ture has no[ stated what effect a finding of noncompliance shall 'have. However, Mitre. Stat. § 462.35/ (Supp. 1979) may grant a municipality authority to control other governmental units through zoning. That section states in part: For the purpose of promoting the public health, safety, morals and general welfare, a municipality may by ordinance re~flate.., the uses of bulIdin~s and structures for trade, industry, residence, recre- ation, public ~cttvtttes, or other purposes ..... (Emphasis added). While it could be argued that section 462.1L57 eli- minates any immtmitl, that a school district l~s from local zoning ordinances, it is not explicit. Furthermore, the language in sections 462.351 and 462.3~6 suggests that a school district should be apprised of and con- sider local zoning ordinances, i Therefore, we decline to find an express statutory resolution of this problem. ri. The Eminent Domain Test: ~nder this test, a governmental unit possessing the power of eminent domain is inherently immune from the exercise zonhag powers. State ex rel Askew v. Kopp, 330 S.W.2d 882 (Mo. 1960). In Town or Oronooo v. City of Roche~ ter, 293 Minn. 468, 197 N.W~d (:1972), the court, while using a balancing of interest test between a city and a county, applied the eminent domain test to first eliminate from consideration a town ordinance. At issue in Oronoco was the ability of a city to maintain a sanitary landfill when such a use was prohibited by a county and town ordinance. In disposing of the town ordinance, the court noted that while the city had pm-. chased the land which was to be used for the landfill, it could have acquired the land by eminent do- main and was therefore exempt from the town ordin- ance. We decline to adopt the eminent domain test in this ins~.nce for several reasons.~ First, we question the appropriateness of applying the eminent doma~ test to situations where the school board could not have exercised that power to accomplish the intended uses sought to be regulated by this ordinance. Minn. Stat. §123.36, subd. 1 (1978) limits the authority to use eminent domain to the acquisition of sites for school- houses. In this Instance, the city seeks to regulate the use of a buildh~g when it is n~t being used as a school- house. We recognize that the proper use of a school building goes far beyond the traditional concept of providing education between the hours of 8:00 a. rm to 4:00 p.m. However, those concerns are better hand. led through the balancing of interest test. Even if the eminent domain test were applicable, we doubt that the Minnesota Supreme Court would apply it, despite the feat's apparent recognition in Oronoco, because of its negative impact on proper land use. In addition, the decision in Oronoco, relative to ~The court in Town of Oronoco v. City of Rochester, 293 Minn. 468, 197 N.~V. 2d 426 (1972) esf~bltshed a balancin~ of interest teat for a zoning conflict between a ctt. y and a county ordinance. Also at issue was a township ordin- ance. The court makes no reference to statuto~ au~or. [ty to enact zoning ordinances. lin Op. Atty. Gen. 59b-4, Nov. 2, 1967, we adopted the balanctn~ of interest test and cN~icized the eminent do- main teaC. the town ordinance, is ostensibly dicta. It is dicta be- cause the baJa.ncing of interest test between the city and thi county wa~ the prtrna~ issue before the court md served to reso[ve the entire controversy. The most lmpo'rtant r~a~on for rejecting the emin- ent domain test, which relies on t. he single factor of · whether the power of eminent domai~ exists, is the possible impact that it could have on proper la.nd use. .For that reason, the test Is encountering growir~ dis- favor. While the test was strongly esl>OU_s~l in the ca~e of Askew, it ~ severely qualified by the same court two yea~s later in St. Lo,ds Cotmty v. Clt~, of Man- chester, 360 S.W. 2d 638 (Mo. 1962). I~ }L~nchester the court noted there were approxirrmtely 100 incorporated cities with the power of eminent domain in the county and Lf each w~s immune then the ordinance and the comprehensive scheme it advanced would be s~verely undermined. We agree with the concern raised in Manchester and note that a total lrnmu.nity based upon erainent domal~ appea~s antithetical to the compre- hensive piarming created by the le~iature in Mlnr. 'Stat,. l§ 462~1 to 462.357 (1978). Fur+.he.,-more, a.s* the court in City of Fargo, Cass Cry. v. l~rwood, T.P, ~6 iNT. W. 2cl 694 (I~T.D. 1977) noted, a statutory grmmt of eminent dorna/n authority is no{; in conflict with statutory gr~nt of zoning power because the two can be exercised in harmony. /'he power of eminent rna~ need only be restricted a~ to the place where it may be exercised. In deciding how the Minnesota Supreme Court would resolve this issue, we must be rntzuif~ that howl cLlstrtcts have historically been subject to rnunl. police powers. I.n ¥11lage of Bla/ue v. Independent Dist. l~To. 12, 272 Minr~ 343, 13~ H.W. 2d 32 (1965), a school district wa~ precluded from purchasing na- tural gu from anyone o~her than the village because of a village ordinance. The rule ~ based upon the fact that the school district did not have police powers and the court discounted statutory authority 4 granting school boards the power to "provide for the heating... of schoolhouses .... "Se~ also, Op. Atty. Gen. ?07a.12, November 15, 1978, holding that a school district can be required to use the garbage hauler designated by a municipality. We also note that the Mi.n~esota Sup- reme Court, in explaining the purpose o! special use perrnlte, li.~ed schools as ~n example of an activity that cam be required to obtain a special use permit to be located in residential ~ Zylk~ v. City of Cryst~l, 283 Minn. 192, 167 I~.W. 2d 45 (1969). We believe that the existence of the power of eminent domain should be a factor included in the balancing~f-interest test. However, it should riot be the exclusive factor. IlL C, overnment~l Proprietary Test: Under test, a governmental unit exercising a ;gover~men~l function is exempt :from local zonImg but is not exempt if it exercises a proprteta.,-y f-~ulctior~ See, ApplicabU. ity of Zoning ]~egulaidons to IVongovernment~l Lessee of Govermamental ked Property, 84 ~ 3d 1187 (29?8). In ~ instance, i~ we focus only on the school }'.riot, it appears to be exercising a proprietary rental of property not needed for school purposes. l]dl~u. Stat. § 123.36. subd. 8 (1965). and would not be exempt. There is, ho',~ver, · gestJcn ~ ~y of ~e ~s ~ It ~ not ~e ~t of' leasM~ ~t ~ de~t~ve, but ~er the ~e ~e ~e by ~e le~. ~ for ~ Yo~t~.a C~rm~e Co. v. ~o~ Po~t P~~ C~a~ and Sh~ OU Co. v. B~d of AdJ~n~% ~ ~. ~85 Md ~02 (1962). We dec~e to adopt ~t t~L F~t, It ~ ~ ~u- dictions comMg ~ ~fe~t con~o~ ~ w~ a ~ew of ~y of ~e ~s ~t ~ve ~ m~ity ~der ~ test ~ ~te ~t c~n~d~ble b~ncing of ~teres~ ~ ~ ~ct ~c~ ~ (1957); Co~rs v. N~ Yo~ S~e ~~ of (1975) ~d O'Coml~ v. City of ~o~ ~ ~ App. ~ test It could ~t ~ ~e des~c~on of m~. of a gove~en~ p~e d~s not n~s~ily ~at ~e same ~e ~d..not ~ conduct~ ~ a d~ere~t lo~tion ~at would not new,rely ~ct u~n ~d ~e. The~fore, we beUeve ~t ~e ~e of ~l-proprie~ ~e shoed ~ a factor ~ud~ under. the b~anc~g~f.~ter~t tes~ IV. Superior ~ver~ T~: Th~ test ~ m~ity to ~e ~lifi~ entity w~ ~cupies a supe~or position in ~e gcver~en~ ~e~y ~ ~e~ ~pre~ s~tuto~ au~o~ty d~ying ~t l~u~lity. 275, 2~, ~9 ~ 2d 761, 7~ (19~). One o~ ~e ~fic~ties ~ ~ test is de~r~ whi~ entity is su~rior. Ce~y ~e s~l ~ct su~rior to the city ~ ~gard to ed~on~ ~ues and managMg i~ pro~y. Conve~ely, a ~ty h~ powers ~at are su~rior to a sch~l dis~ct's ~we~ in cer~ ~es. ~ V~e of B~e v. ~d~nt ~h~l D~ic~ N~ ~, ~ ~ 343, ~ ~.W. 2d ~9~), which ~ed ~t a sch~l ~ict ~ ~b~ct to an ordMance re~tMg ~e ~upply ~ ~t~ ~. Mc~ ~po~tly, ~is te~ ~f~s f~m ~e ~e f~ili~es as ~e eminent do~ ~d gove~en~p~ p~e~ tes~ of t~orMg effective ~d.u~ p~g. s The inconsistent results have been noted ~ ~ncoln C~. v. ~ohnson, 257 N.W.2d 453 (S~. 1977) a~d in ~I Immunity From ~c~ Zo~i=~ Ord~ces, 84 ~. Rev. 869, 870 (197~71). I~ illusory ~ture w~ at~ck~ In CitF of Far~o, Cass Cry. v. H~ T~, ~56 N.W~d 694 (~.D. 1977). We stro=~ly ~t~cked ~e proprie~ry test l~ O9. Atty. Gen. 59~, ~ov. ~, 19~7 and · dopted instead ~e b~l~=ctn~ of ~terest ~As no:ed above, the court 1~ Town o[ Oro=oco v. City of Rochester, 293 Mi~. 46~, 197 N.W.2d 426 (1972) espousln~ a bala=ct~ of t~terest test betwee~ a co~ty a=d ~ city. applied ~ combined emt=e~t do~n superior soverel~ t~t against a to~. We believe court did so In part because It w~ ~ot ~ecessa~ for detc~'~in~tion of the case s~d ~us reserved t~t Issue for ~ future determtaa~o=. OCTOBER 1980 The mc:'e fact th'..'t a governmental unit k~ co.',,s!derc'.l to be higher on a.n imaginary org'~nizztional chart does not appear to be sufficient reason to amsume that the de. cistons of the zuperior org~Lzatio-n wil! a!wa:,~ be cot. reel V. The B:danch:g of ~ter~ Tc~t: A g:ow~ng n~l- bet of s~aCes have been adopting a balancEng of interest test; The concop~ of ~a~ tos~ ~ well stated ~ Town or iT]he ~end ~ to 1~ such freedom from Uon, ~ trend which we ~lleve ~ well wl~n ~e tares of fl~e public ~terest, pr~c~Hy becmuse pungent reAH~es o~ urban spew1 and overpopulation have accentuated ~he need ~or ~d.use p~ng and contro~ ~ se~es as ~o~d~o~ ~or ~e ~e~c~c o~ police powe~ An ~e ~e~ cZ zo~ug. Consequen~y, ~n order to suppor~ ~e principle o~ enlightened ~d- use con~roL ~e decline to adopt in ~nneso~ ~e gen- e~l ~e of governm~ exemption ~rom ~n~g ~$ ~in~ a~ AT1, 197 N.W. 2d at A29 (~ote omit~ed). ~e co~ went on to no~e ~at ~e p~g effo~ ~y no~ ~ways he correct, and ~ere~ore ~e court adopt~ "a ba]~cing-o~.~te~es~ tes~ ~or ~e ~solut~on o~ con. flic~ which ~e betw~n ~e exerc~e by gove~en~] agencies o~ ~e~ police powers and ~e~ right o~ e~- en~ demur" ~ As noted ~ ~oo~o~e 1, ~ere are ~eg~U~te d~s:ric~ ~nteres~ ~ ~e ability ~o lease ~e~ ~ac~. We believe ~e bal~xc~g,L~eres~ tes~ sho~d be a~ plied eves ~ ~e schoo~ ~tr~c~ co~d no~ u~ em~en~ doma~ ~or ~h~ p~ose. The in~eres~ ~o ~ are ~ny ~d will v~ depend~g upon ~e s~c~flc ~e to whi~ ~e proper~y will be put~ ~ome o~ ~e ~ter- es~ ~o be bal~ced were Hsted by ~e com~ ~ (19~2) and tnc~ude: ~he ~ure and sco~ o~ ~e ~- ~and use Involved, ~e e~ent o~ ~e pubMc ~tere~ to he se~ed thereby, the e~ect ~ ~d ~e re~- ]attons would have upon ~e en~e~r~ concerned ~e lmpac~ u~n legitimate ~ interest. ~actors considered in City of T~ple Te~ v. 1~i~- ~u~h, Ass'~ Etc, 3~ ~o. ~ ST1 (F~. App. aff'~ ~2 ~o. 2d 610 (F~. 1976) were: ~e appM~t's ~egts~attve ~t o~ au~orlty, e~ng ~d ~es, alter. ~t~ve locations ~or ~he acUv~y, and the de~r~ent adJo~ning ~ndo~e~. O~ coupe, if a school dlstr~c~ did no~ agr~ w~ a cites decision ~o deny a ~ec~a~ ~e ~:~ dec~ is re~e~ab~e ~ d~strict Be~e ~e do not ~ow ~he s~cific ~es to w~ch ~e ~and may ~ put or any o~ ~e other ~ac~ wou~d be germane to a b~nctng-o~.~teres~, we decl~e to ~]e on ~e ~ti~te reasonableness og ~e pro~scd ordinance3 ~owever, ~ conclusion, we Heve ~hat schoo~ dtst~c~ are subject to re~onAh]e ' - "-' ,;P" ' - . '~"A' .. o~er pubMc ~d not f~ p~t ~~ I' .... W~ ~AA 1A~' ~ Because ~e p~poa~ ord~uce ~H ap~ e~y ~ ~ed . depen~g on w~ch bulldog (~ ~ op~) hoa~ ~e activity, we ~sh ~ ~ out a ~n~ p~bl~ w~ ~ Minnesota. New Jersey, Florid',, Delnware, Kansas, North Dakota and ~'outh Dakota. * Of course, If a school district leases its facilities to another governmental unit, t~at le$.~ee ia entitled to have its needs and powers included in the balancing process. SECTION 12 9:112(1) "CBD" BUSINESS DISTRICT ' Within the "CBD" District, no structure or land shall be used except for one (1) or more of the following uses: Permitted Principal Uses Businesses providing the following sales and/or sex-~.ices: '(el (~) (hi (i) (~) (~) (1) (o) 1033 3/28/83 (q) (ri (si (t} (u) (vi (~) (x)' '(z ) (aa) (bb) (cc) (dd) Antlques. Appliance sales and service. - Art and soho>61 supplies Bakery goods. .. Banks Barber $~ops. Beauty Parlors. · · '" Books and office supplies. Bc~vllng Alleys. Broadcasting studio. Busln'ess School. -. Bus and Transportation center. Candy, Ice cream, popcorn, nuts, frozen desserts and soft drinks, but not where a drlve-ln'serv$ce is provided. Camera mhd photographic sales and repair. Carpets and rugs. Tennis, zacquetball, handball, table ten~is and boxing club~ -~ong with clubs define~ by Minnesota Statute j340.07, Subd. 15. '~ Coins and stamps. Costume and formal wear rentalt Delicatessen. Department stores. Drugs. Dry cleaning.and iaundry pick=up location~ Including Incidental pressing and repalr. Dry cleanlng and Isundry selfrservJce facility. ~ Employment agency. Florist Shop. Floor covering. Frozen foods, not Including a locker plant. Furnlture, Including upholstery~ when conducted as a secondary use. Fur products and the proc~ss$.ng of furs when directly related to rets11 sales from the site. Gifts or novelties. (ff) (gg) (hh) ~kk.) Ill) mm) (nn) (oo) (ppi (qq) (rr) (ss'~ (tt~ (uu,~ (,vv) (xx) (yy) (zz) (aaa) (bbb) ( ccc1 (.ddd~ (eee) (fff) (ggg) (hhh) (.i j j) (kkk) Glass, china and pottery. Grocery, fruit and vegetables. Hardware. Hobby crafts includlng handicraft classes. Hotel. Interior decorating studio. Jewelry, time pieces and repalrs. Leather goods and luggage. Library, both public and private. Liquor store (off-sale) Meat market, but not includlng processing for a locker plant. Musical instruments and repairs. Newsstands. Offices-business and professlonal. Offices-governmental. Paint, wallpaper and related materlals. Pet shop, provided the operation shall not include the boarding of pets for a fee, the ma intaln~ng of pens outside of the building or the operating so as to cause an offensive odor or noise. Photographic studio. Pipe and tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area. Records, television, radio, hi-fi and recording equipment. Savings and loan offices. Sewing machine, related equipment and sewing classes. Shoes and shoe repair. Sporting goods. Stationery supplies. Tailor shop. Theater, not of drive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. 323 9.212(2) Condltional Uses " Vlthlfl any *'~BD' Business DistriCt,. no structur* or land s~lt ~ u~ for. ord. 11t0 eif. a/9/87 (b) Accessory structures. O~elling units provided: 1) The units do not c~cupy the first floor, il) That n roof Intended for usable space shall be enclosed by a wall of fence not less than five (5) feet In height. (c) i) ti) iv) Open sales lots provided that: The lot is surfaced and graded according to a plan sub~Itted by the appllcant and approved by the City Engineer. The assembly, repair, or manufacture of good shall not c~cur wlthtn an open sales lot. If the operatlon of t~ o~n slles 10~ ~ self-o~ra~ed or auto, ted tn tote1 or In pitt, 4 site plln s~ll ~.su~ltted indicating t~ Iocitl~ of such devices. There Is Ioctted t~reon I bulldlng devoted to and use~ In such sales use ~lch is at least as large in flor irfl is suGh occupa- t.lon and use. Off-street parking 1its subject to Section g.tIG(2). (e) Parking ramps. (g) Public utility structures. Vending machines (coins operated) ~hether they be for service or · product shall be permitted Inside 'of a bultdlng; q~mn Iocsted outside 'of bulldlng they shall be considered as a building lfld conform to . appllcable regulations. Should the vending machlne be the prtr~lp41 use off the site, off-street parking shall be ~rovided et · ration of one (I) space for each two vending devices. Restaurants, cafes, tea roo~s, ~averns, bars, provided Mid design Is to only serve customers seated et tables, counters or booths. C elf.5 88 Ord. 1 lB3 iff. 5-2/4-89 (ii U) (1) (mi Arcades. Tenn!s. racquetbm11, handbal I, table renal s lng boxing clubs that pro- vlde facllltles such es auditorium or bleacher areas for vlmelng ~Jch that exhlbltlofls ·re possible. KBSS~Qe therapist businesses licensed pursuant to Section 5.G!2. Day care centers. Prepared food delivery establishments. Poo1/B~11iard Halls. Ord. #1257, elf. 5/~/~/~. Permitted AccessorY Uses. the "£;1)' Buslms District, the follc~Ing uses shall be pemltted ~e~ratlve llndsU~ Off-street loading. d. ~8 elf. (e) (f) Harquees end awnings on public and private property subject to Section 9.117A.'- - Off-street parking for principal use subject to Section g.116(4). Any Incidental repair or processing necessary to conduct a permitted prlnclpal use provld&d the area does not exceed thirty (30) percent of the floor area devoted to the principal.use nor thirty (30) percent of the man hours required to conduct the principal use. Signs as regulatedby and to the extent permitted ~y Section 9.117A. Private swimming pvols. (h) (i) (Ord. 979, elf. ~O/~9/Sl) BuJldlngs temporarily located for purposes of constructing on the premises for · period not to exceed rime'normally.necessary for such construction. Games of skill provided: [t] The number of such games shall not be sufficient to constitute an [ii] The games of skill zmy only be used at such times as the pr/~nary use of the property on which the games are located are open for business; [iii] The premises on which the games of skill are located must be en- tered by patrons only through the pr/d~aryuse of the building, and the premises on which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided, however, that the portion of the building in which the "games" are located ~ay have a fire door through which patrons may exit in times of emergency. Minlmum Yard~ and Dens.lty Requirements (a) The "F.A.R.*' (floor-area-ratio) within the "CBD" District shall. not exceed 6.0. (b) (c) (e) When the facilities for off-street loading are from an abutting. alley, the first floor foundation llne shall be 20 (twenty) feet or more from the center of the alley and the distance from the ground to the bu$1dlng above for the entire area where the truck is to be parked during loading or unloading shall be not less than fourteen (1~) feet. Resldentlal dwe11Ing units shall conform to the minimum floor or~a and density control ns stated In Section 10.0 except that the floor area ratio (6.0) must also be observed, Every lot shall have a ~inimu~ frontage of 20 feet. ~ront yard shall he one foot (1'). Certain alley setbacks: i) g0 uildinR shall be ere·tat ten feet (10') ef am7 alley a~utting the ~arro~est v/dth of the lot, - 325 - (10) · g73, VnlSl (c) license has been convicted of any willful violation of any lay Of ' the ~nited States, the State of Minnesota, or any other State or Territory, az of violation of any local ordinance with regard to the ~anufacture, sale, distribution, or possession for sale or dis- tribution of intoxicating liquor. ' (e) %%o within fifteen (15) yeir~ prior to the application has hs~.a license under the Intoxicatin~ %!quor /ct revoked for any willful violation of the laws or ordinances referred to in thgs ~ectton. (f) %%o is a ~anufaetuzer or wholesaler of intoxicating liquor and no mane- 'lecturer or wholesaler shall either tirectly or indirectly o~ or con- trol ~r ~avc any financial interest in any retail business selling toxtcatinE liquor. ~o is dtrectly or indirectly interested in any other establish=ant in the City of Columbia Heights to which an on sal~ license has been is- sued under this ordinance. Ch) ~o is the spouse of a p~rson other!se ineligible for a license ~nder this ordinance, or who is not the'real party at interest or beneficial o~mer of the business operated, or to be operated~ under the license, (i) ~o, if the applicant is a partnership, has any partner who would be othervlse tneli~ible for a license under this ordinance. (J) %~o, if a corporation, has an o~mer of a five-or-more-percent interest ~ho %~ould be other~ise ~n~listble for a license under this ~rdinance. (k) ~%o is or has a proprietor or a license un,er thls.or~tnance. (1) A licensee who, at the ti~e of application for renewal of · license, is not a resident of the Twin City }letropolitap Area. (~) ~o, in the case of a partnership, at the ti~e of application for renewal~ goes not have a ~anagtn~ partner ~ho is · resident of the T~tn City Eetro-~ pelican Area. . (n) ~o, in. the case of a corpor, tion~ does not hav~ a ~anaier vho is · resi- dent of the T~tn City Eetzopolitan Area at the t/~e of renewal. (o) No person shall o~m eh. interest in ~ore than one establish~ent or business ~tthtn Colunbta Nelghts fo~ ~hich an on sale license has been &ranted. Places ineligible for license are as follows: (a) No license shall be granted, or rene~ed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are gue, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Ninnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which re~ain unpaid for a period exceeding one year after becoming due. - 177 - who is a ~/nor, alien, or a person whq.has bee~ couvicte/ of a crime other than a violation of Hinnesota Statutes, Sections 3i0.07 throuEh 3~0.39. ~rovitet, however, that no'such person Bay have · financial interest in the operation of the business at such Location. (c) No on sale license shall be Eranted for a restaurant that ~oes not . have a d/ninE area, open to the Eeneral public, with · total flooi area of 300~ square feet or for · hotel that ~oes uot have · area of 2000 square ~iet. . (d) No license shall be Eranted for any place which has a co,on entrance or exit ~e:~een any t~o establish~ents except that a public concourse or v~lic lobby shall not be construe~ as a co~on en:rance or exit. (e) No license shall be Erante~ for any hotel or restaurant ~uilttnt~ the ~earest point of Ohich butl~tnE structure ~s ~ithin 200 feet of the Ord. 973, center of the cain or front ~oor of a c~urch ~easure~ eif. 11/23/81 line. A church shall have only one uatn or front ~oor for the purposes of this chapter. ~e erection of a church ~th~n a F~ohi~itet area a chante of location of a~i~ or front ~oor, after an ortgin~l appll- ca:ion has been Erante~, shall ~ot,.~n a~ of ~tself, xen~er such pre- ~ises tneltEtble for renewal of.the lidense. N° license s5~11 Eranted for any ho:el or restaurant ~uiliinE, the nearest point uhtch ueasure~ in a straiEht 1the, ~s ~ith~n 300 feet of a school I A buildin~ housin~ a post seconda~ school is not a school buildinE ~ithin the meaning of this ordinance. (f) ~o license shall be issue/ fo: praises other than a.hotel or res- taura~t. Ord. 1076 rd. 93~, (E) No license shall be Eranted for any prentses vhich does not have a sprinkler e~. 12/24/80 system. ,rd. 972. ff. 12/13/81 Conditions of license shall be as follows: Cb) ~very license shall be granted sub,ccC to the coalitions of the followint subdivisions and all other subdivisions of this oriinance an/ of any other applicable ordinance of the City or State lSVo The license shall be p~sted in a conspicuous place in the l~cense~ es~abl~sb-,~ent a~ all time~. - 178 - AUG-~S-1994 12:~0 FRDM RATWIK, ROSZAK, ET AL. TO ?S228~1 P.02 Pgul C. Ratwik John M, Roszak Peter D, Bergstrom Potri¢ia A, Maloney* Terrence J, Fey" Stephen G, AndeBen'* 8co~ T, Anderso~ Kevin J, ~upp Jay T. $~uires Claire C. Olson Ann R, Goering Nancy E, Blums~eim Kathwn M, Eilers RATWlK, ROSZAK, BERGSTROM & MALONEY, P.A. A1-1-orney$ at Law 300 Peavey Building 730 ~econcl Avenue South Minneapolis. Minnesota 55402 Davi~ (612) 339-0060 Fox (612,) 339-0038 * Aisc admitted in Wisconsin ** Civil Trial Spe¢ioJist Certified by the Minnesota Stcrte Bar A~iation August 5, 1994 Mr. Jim Hoeft, Esq. Berne, Guzy.et al. Northtown Financial Plaza 200 Coon Rapids Blvd., Suite 400 Coon Rapids, M~ 55433 Mr. Pat He~tges C%ty Administrator city of Columbia Heights sg0 40th Avenue N.~. Columbia Heights, M/~ 55421-3878 Re: Columbia Heights School District's Lease of Space in Shopping Mall Our File No. 13-0046 Dear Gentlemen: This follows up the conversations I have had with each of ou this week. I returned from vacation on August 1, a~d w~e axed a draft copy of a proposed Hold Harmless Agreemen=. ~9 Mold Harm Agreement would constitute a promise by the.Columbia Heights School District to defend a~ indemnify t~e City from claims by a party that has been denzed a liquor lzcense for the Box Seat Bar space. While it is understandable and Drudent for the Council to always be concerned about future lawsuits, ~here is no potential in the present ca~e. If the current licensed' establishment assigned or transferred its interest to a third-party, that knowledge of existing party would take the assignment with full. . . uses, and would take s~bject to them. Thzs =s very much akin to the general rule of-nuisance law that a part~ moving to a nuisance ha~ no legitimate claim that the nulsance should be abated. Most important%y, and as I have discussed with you both, Minnesota school ~istricts lack the power and authority to enter AUG-85-1DDd 12:~8 ~ROM RATWIK, ROSZAK, ET AL. 78228~1 P.85 Mr. Jim Boeft, Esq. Mr. Pat Bentges August 5, 1994 Page 2 into a contract of indemnity as an indemnitor. You asked that I  ut this in letter form and forward it to you for dissemination o the Council. The question of whethe? scho91 ~istr~?ts can legally enter into indemnity agreements Ks a slmp£? ma==er of statutory construction. School districts in Minnesota only have those owers that are e~pressly conferred upon them by the . egi$1ature. See, e._~g~, Retry v. IndeD~_ndent School District No. 696, 297 Mi'rm. 297, 210 N.W, 2d 283~ 286 (1973); ~ Education v. Sand, 227 Minn. 202, 34 N.W. ~89, 695 (1948). See als_ o ~cO~!llin, Municipal Corporation Section 46.07, 3rd ~d. Minnesota statutes do contain authority for ~chool districts to indemnify other parties in certain circumstances% ~o~ _ example, Minn. Stat..~ 496.07 mandates that school ~%s=rlc=s indemnify employees in civil litigation matters arising out of the performan?e of employees~ duties.. ~in~. Spat: §_1~3.~$, _ subd..20 provides authority zor scnoo± ~is=ric:s =o uezen~ an~ indemnify employees in criminal matters if the School Board chooses to do so. Importantly, nowhere in state law is a ~choo! district granted the authority to enter into the type of indemnity agreement proposed by the City in t~e present case. In.fact, it i? quite common for architects, eng%neers, service provl~er~, financing c°mpan%es, and other parties that deal with private as well as school district clients to make requests of the ~chool districts to enter into indemnity agreements. I, as well as every other school district attorne~ I am awa~e of, have consistently concluded that assumption of an Indefinite unfunded future cont~ngen~ liability is beyond school districts' statutory authority. To my knowledge, the legal i~sue.o~ t~e.aut~?rity of _ Minnesota school d~stricts to en=er ~n=o indemnity agreemen=s as indemnitor i~ not the subject of any reported Minnesota case. This is because the issue ha~ a~wp¥~.be?~ resolved and never been presente~ in the context cz ll=~gaulon. ~ am aware, however, of 9 Michigan case, ~he_~ler w. Cit_v of Sault Ste. Marie, 164 Mich. 3~8, 129 N.W. 685 (1911)-~ in Which the Michigan SUpreme Court held that in the absenc? of statutory authority, a municipality could no~ enter into an indemnity agreement such as the one currently at zssue. See attached. In ~ummary, Minnesota school districts are without statutory authority to enter into agreements of indemnity as ind~mnitor. The Columbia ~eights School District is without authority to enter into the hola harmless agreement proposed by the City. WhAle it is prudent to always con~ider the future legal ramifications of municipal action, there will be no liability exposure ~o the city resulting, from the School District's lease of space in the shopping mall. AUG-OS-1994 12:81 ~ROM RAT~IK, ROSZAK, ET AL. TO ?822801 P.04 Mr. Jim Boeft, Esq. Mr. Pat Hentges August 5, 1994 Page 3 If you should have any question~ on the above, please feel free to contact me. very truly yours, Jay T. Squ/ire~ cc: Dr. Alain Molt 13/ltr.2/rdp AU~-~S-i~9~ i2:~? ~ROM RAT~IK, ROS~AK, ET AC. TO 7822~01 P.O1 Dmtmbas_= M~de _~b~L,~,~A~ TmF='QRATt~N~ ~s 5]~9~;~--ULT~AV~RES ~ONTRACT~--R~MOVAL OF *' ,,',,'"C~ ::~,, ""'~'~,":'~'~"' "" ~ ],&'~t~ ~ __,n,,~.~--~ ..... IRi;'.'r- LA~,~D3 -~'~ ':'RE~7~;, .... ~ ,4 +- .: ~ - ~--~ _ , Key N~. ~i~ *.~68~ ,iSm ~eor~, ~. Cmdy (Jchn H. G~f~ o~ coun~l), ~or app~limnt. ~he~mm~ T, Hmndy~ 4o~ appellee, an~ ~hi=h the miry now ~utses %o carry out. I% aDp~ars %ha% %he defendant Copt. (C) We~ 1~4 No claim ~o orig, U.S, g~vt, ~:~ AUG-g5-1994 12:g8 PROM RATWIK, ROSZAK, ET AL. TO .,,-'"~,.k~..,-" ~ ~- ~r.!!a~e~ j.r, ~r-.~-~~ ~ =~ ~.~ r~m~v~i~ ~L~'~ ~Lr '.'aiu~,. ai~ s.i~_ -~...._~,~=,~ and ~..,t~ ~he.~l be im addition to ~ai~ four hundred dollars.' It iJoo~ ~h~ ~=,,.,=rir,~: *.h~ tri~~. ...... ___, <'. ~,,=%=i~'d .... ~ ~emcrr~,r ~md di~mi~ tD ~.+.~'~ ~' d ~=~%%~, ~t',~. ,I, _T:~~ . ......... ~ t't~ .... ' :DS, i&~. ~,~, ~m'./~ .~a,~m :~=~,'ge~ '.,.TT'~ l~ ~. ..... . ~= . . .., ~ r.U.~ ~-.~ ~{~:~,~ ~ '~-:~. ~-.~ ~.+{-.~ ~ ~ ~:~ ~.- ~rop~ty in octe~t!r~n~ It !~ unne~e~se, ry to ~%er into such a ~ont~act. !t c AUG-05-l~94 12:09 PROM 12'¢ N.W. ~5 ~,D OR DOCUMEN'? RATWIK, ROSZAK, ET AL. TO 78228~1 P.05 ~ompany~ 92 Tenn. 555, 21 S. W. 874, 1~ L, R. A. 819, 56 Am. S~. ~ep. C~.~.~ v, ~y ~ Ou~uqum~ 5~ l~e,, 41~; ~Da. 172. The p~op~sed cCntrao~ ~aS ultra vi~es, and the tr~ial court was right ~r. (C; West 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345 939~8266 · Fax (6.t2)937_-8248 the Citiey of: MTnnetrL,'ta, Col~.~ Dave'; ..gs~e4 that I respond to your inquiry abou% a code of et~cs. ~s ~th~ ~dS~"~;~;'~¢)%"'md~t~'' ~-f dis~cusSion by the Charter '-cO iSs O .'aha the City T~o secoh~ ~ a_nb%~er proDose~ amenGment which recelve~ fzrst re~d%ng ~';~'~ an~ ~2~_r .exD¢~ w~ll be adopted on Auqust 8. If you have~ aD~:'~es~ion~; pleaSe 8ive me a call. ORDINANCE NO. 93-667 AN ORDINANCE AMENDING CITY CODE SECTIONS 105 AND 210 REGARDING THE CODE OF ETHICS AND CAMPAIGN DISCLOSURES THE CITY OF MINNETONKA DOES ORDAIN: Section 1. Section 105 of the City Code is amended as follows: .105.00. Purpose. The City Council of the City of Minnetonka confirms its detarmination that ethical standards among its members, as well as the members of the various commissions of the City of Minnetonka, are essential to the public affairs of the City. The standards of conduct herein set forth are intended to serve as a guideline for the members of the City Council and the commissioners in carrying out their duties. By eliminating conflicts of interest and'providing a guide for conduct in City matters, the City Council hopes to promote the faith and confidence of the citizens of Minnetonka in their government, and to encourage its citizens to serve on its Council and commissions. 105.05. Standards of Conduct. No Council member or member of any board or commission, shall use such position to secure special privileges or exemptions for such person or others. ~ ~ ~ c ........... on ;;hich any mutter before ~h~ Council, Board cr · .,~ ,.,~ ~ ~ ~_oc~atad, unless ~ ~ ..... ~4cn ..... 1 fai~ tn disclcsG for ~h~ ~ .......... gccd for +~ rcs prier ~ ..... disc~s~cn cr vctc Except as permitted by law, a Council member or members of a board or commission must disclose a potential conflict of interest for the public record and refrain from participating in the discussion and vote, when a matter comes before that person which: a. Affects the person's financial interests or those of a business with which the person is associated~ unless the effect on the person or business is no greater than .on other members of the same business classification, profession or occupation, or b. Affects the financial interests of ~n organization in which the person participates as a member of the governing body, unless the person serves in that capacity SS the City's representative. ORDINANCE NO. 93-667 Page 2 No Council member or member of a board or commission shall act as an agent or attorney for another in any matter before the City Council or any board or commission in which a conflict of interest exists or may exist. No Council member or member of any board or commission shall knowin~!y receive, accept, take, seek, or solicit, directly or indirectly, any ~ift or loan for himself, herself, or another if: it could be reasonably expected or tends to influence the person in the discharqe of the person's official duties; or the person recently has been, or is now, or in the near future may be involved in any qovernmentat action directly' affectin~ the donor or lender, but this subsection shall not apply to the following: (!) an occasional nonpecuniary cift, value of not in excess of $50. havinc a an award uublic!y presented in recoqnition of public services. (3) any bona fide loan made in the ordinary course of business by an institution authorized by the laws of this state or any other state to enqace in makinc such loans. (4) lawful Dolitica! campaign contributions if the same are actually used in a political campaicn of the recipient. No Council member or member of any board or commission may solicit or accept, and no person may offer or pay to a Dubtic official or employee, compensation or reimbursement for expenses for the performance of the person's Dub!ic duties, except: a. Compensation and expenses paid by the CitV. ORDINANCE NO. 93- 667 Page 3 Compensation and expenses from other employment, if the outside employment does not interfere with, influence, or compromise the person's public position, and Compensation and expenses paid bv another ~overnmental aqency or municipal association to a Council member or member of a board or commission who serves as a Citv representative on or for that aqency, but only if the City does not also pay the person for the same activitv. No Council member or member of anv board or commission may use public money, time, personnel, facilities, or equipment for private gain or political campaiqn activities except when: the use is required or authorized by taw, or the use is no qreater than that allowed for members of the ~enera! public. This paragraph does not prohibit correspondence at any time to individual ~esidents in response to the resident's smecific in~uiries~ or ~eneral surveys of residents which are conducted before the time of fi!in~ for candidacy for elected office on the Council. No Council member or member of a board or commission may disclose to the public, or use for the private ~ain of self or'others~ information which was qained by reason of the official's public position and which is not Dub!lc data. Further, no Council member or member of a board or commission maV disclose information received, discussed, or decided in conference with the Council's or board's attorney which is protected by the attorney/client privileqe, unless a majority of the Council or board has authorized that disclosure. No Council member or member of any board or commission shall enter into any contract with the City of Minnetonka, unless authorized by law. Any Council member or member of a board or commission who has a proprietary interest of 10 percent or more in an agency doing business with the City shall make known that interest in writing to the City Council and the City Clerk. ........ t~ (20) days after ORDINANCE NO. 93-667 Page 4 ....... cc .................. ~ as a public rcccrd with thc C~t ~ of all real p~ which b~ ha~ bcnaficia! interact, disclos2ng ~ ~ 00 ~+~ shall be e ...... d from thc $I0, City of Minnctcnka, ~nd q~~ "~ ...... ~ ..... ~ -uch 105.10. Disclosures. Within 30 days after takinq the oath of office or beinc appointed to a position, each Council member and member of a City board or commission shall file a report with the City Clerk, on a form prepared by the clerk, which contains the information specified below for the precedin~ year. Thereafter, each person shall file a supplemental report on the first day of February of every year and within 30 days af%er any chanqe in information provided under paraqraph 5. The information shall be for the individual, the individual's spouse, and all minor children (co!lectively referred to below as "person"). Any business ~ntitv in which the person is an officer, director, member, or employee, and the position held. o Any business entity in which the person has an ownership interest, either !eqa! or ecuitabte, qreater than 5%. Ail sources of income, compensation, fees, or commissions which are received from employment, for services rendered, or from pensions, except the employment of minor children. Ail non-profit o~anizations in which the person serves on the ~overninq body, and the position held, except if servinq in that capacity as the City's representative. All real property within the City owned by the person or in which the person has a beneficial interest and which has an assessed valuation in excess of $10,000. The person's homestead need not be included. ORDINANCE NO. 93-667 Page 5 The term "business entity" includes any business, proprietorshiD, firm, partnership, Derson in representative or fiduciary capacity, association, venture, trust or corporation. ~5. cha!l be sat forth cn thc f~ ~''~ =~ which shall be made thcrccf by a Couneii member or member of a ~ ~ ..... ~ .... ation Invclvcd Yes ~ ~ prcperty itcmo having ~..~ child, or in whi~- he ha~ a bencfi~l~ ~.~. ~c~ actual value of any item is -~" required '~"-~"~ Property ~ ORDINANCE NO. 93- 667 Page 6 ~n=.~.~.~ Hearing. Upon the written complaint of any person questioning adherence to these principles or alleging a conflict of interest or failure to file a required disclosure statement, or on the Council's own volition, the Council may hold a hearing thereon at which the person so ~ .... ~ "~ ~~ ~ ~hc~c to thcsc ~~ ..... ~~ ~c havc .... ~ct cf intcrcst accused shall have opportunity to be heard. A hearing shall be held only if the City Council determines (1) upon advise of the City Attorney, hic designee or other attorney appointed by the Council, that the allegations rise to 'the level of a violation of these principles or to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. If after the hearing, the Council finds that a conflict of interest, failure to file a required disclosure, or violation of these principles does exist as herein defined, the Council may take whatever action it deems appropriate including but not limited to referring the matter for criminal prosection~ under ~ ~.~~ imposing a civil penalty not exceedin~ $2000 Der violation, directing an official not to participate in a decision, or removing an appointed member of an advisory board or commission from office. Section 2. City Code Section 210 is amended as follows: 210.00. Purpose. The City Council of the City of Minnetonka deems it proper, in the public interest and for a public purpose to provide for political campaign disclosures of receipts and disbursements for primary and general municipal elections held in the City of Minnetonka and disclosure of candidates' real estate holdings. 210.05. Adoption of State Statute by Reference. Pursuant to the provisions of Section 471.62 Minnesota Statutes, and the authority vested thereby, there is hereby adopted by reference the provisions of Section 210A.26, Minnesota Statutes, except those which by their nature have no application, and the Clerk is hereby directed and required to mark one (1) copy thereof as the official copy and file same for use and examination by the public in the office of the Clerk. 210.10. Statements of Political Committees. In addition to the statements of political committees required by Section 210A.26, Subd. ~, of the Minnesota Statutes, any political or volunteer committee shall also give in full detail a statement of every sum of money and all property and every thing of value and every promise or pledge of money, property or other ~hing of value in the ORDINANCE NO. 93- 667 Page 7 amount of Fifty Dollars ($50.00) or more received during the period of which such statement is required. 210.15. Disclosure of Real Estate Holdinqs. When a candidate files for any elective office in the City of Minnetonka, th~ candidatemust also file with the Clerk a disclosure which contains the street address of all real estate within the City which the candidate owns or in which the candidate has a financial interest qreater than 5%. If the property has no street address, the candidate must provide a description of its size and location with enough specificity for a reasonable person to understand where it is located. Section 3. Any violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the City Code. Section 4. This ordinance is effective 30 days after publication. Adopted by the City Council of the City of Minnetonka on this~!3th day of December/ , 1995. ATTEST: TIMOTHi M. BE~G~TEDT, MAYOR ACTION ON THE ABOVE ORDINANCE: Date of first reading: Date of second reading: Motion for adoption: Seconded by: Hanus Voted in favor: November 22, 1993 December 13, 1993 Schneider Burke, Al!endorf. Anderson. Schneider, Hise. Hanus, Bergstedt Voted against: Abstained: Absent: Ordinance adopted. Date of publication: ///~/g~ (Effective date of ordinance is thirty days after publication.) ORDINANCE NO. 94- AN ORDINANCE AMENDING CITY CODE SECTION 105.05(4) REGARDING THE CODE OF ETHICS THE CITY OF MINNETONKA DOES ORDAIN: Section 1. follows: Section 105.05(4) of the City Code is amended as No Council member or member of any board or commission shall knowingly receive, accept, take, seek, or solicit, directly or indirectly, any gift or loan for himself, herself, or another which is prohibited by state law .(Minn. Stat.§471.895). ~ea~-~_~t~-m~M-~--i~~-{~-~-ge~e~me~a~ ~f~--a~-awa~-~&e~y-p~ese~e~-~-~eeega~ea-e~ eagage-&~-mak~ag-s~eh-~ea~s= eE-~he-~ee~p+e~= Section 2. Any violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the City Code. Section 3. This ordinance is effective 30 days after publication. Adopted by the City Council of the City of Minnetonka on this day of , 199_. KAREN J. ANDERSON, MAYOR ORDINANCE NO. 94- Page 2 ATTEST: ELIZABETH L. NORTON, CITY CLERK ACTION ON THE ABOVE ORDINANCE: Date of first reading: Date of second reading: Motion for adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: Ordinance adopted. Date of publication: (Effective date of ordinance is thirty days after publication.) CITY OF COLUMBIA HEIGHTS Meeting of: Auqust 8, 1994 AGENDA SECTION: 6. RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER APPROVAL CITY pLkNNING/HRA. ~ ' t ~ ~ BY: DER ITEM: HRA APPLICATION FOR RENTAL ~ ~ ASSISTANCE PROGRAM · DATE: August 2, 1994 short notice from HUD (application due by August 25) (copy of Notice attached as Appendix ~A") was received from HUD on July 25 in regard to possible application for Rental Assistance Program Vouchers and/or Certificates. This matter has been previously discussed with the HRA Board and City Council. It appears to be highly desirable for the HRA to apply for the maximum number of units realistically possible to replace current Metropolitan Council HRA (Metro HRA) Rental Assistance Program units in the City and thereby giving the HRA and City total administrative control over the new 50 units and eventually the entire 181 unit Columbia Heights Rental Assistance Program. Currently the Housing and Redevelopment Authority of Columbia Heights (HRA) provides local administration for the 175 to 200 unit Rental Assistance Voucher and Certificate Program (Rental Assistance Program) for Columbia Heights and Hilltop under an administrative contract with the Metro HRA. The HRA has provided such service since 1977 for the program which is also referred to as the "Section 8 Rental Assistance Program". The reason for it being highly desirable for the HRA to administer the program include the following: 1. Local control of program. Can be as restrictive as the program rules allow in regard to inspections of units, location of assisted units, etc. 2. The HRA/City can have its own Administrative Plan and Occupancy Policy for the Program. The HRA/City can in accordance to program rules, maintain its own application guidelines and process. A preference policy could be establish giving preference to residents of Columbia Heights in receiving rental assistance vouchers/certificates under the program. 3. The HRA/City would do its own new program participant briefings and provide information on all potential rental units in Columbia Heights thereby possibly disbursing the units better amongst the over 2,400 rental units in the City. 4. Instead of doing 2/3 to 3/4 of the work and only receiving $16.56 per unit, per month, for the work (out of $47.41 received by the Metro HRA), the HRA staff and contract City Assistant Building Inspector and City Finance Department personnel would do 100% of the work and receive the full $47.31 for each unit administered. HUD allocated only 231 units ($8,437,673) to the Metro Area Counties, including Anoka County. HUD staff indicated that 50 units is the largest feasible application amount. A copy of a portion of the Application is attached as Appendix "B". The Resolution supporting the HRA application for the program is attached as Appendix. "C". RECOMMENDED MOTION ~1: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION #2: Move to adopt Resolution 94- , "Resolution Supporting Housing and Redevelopment Authority application for HUD Rental Assistance Program units to replace like Metro Council HRA units and to have local HRA totally administer those units. cc: HRA Commissioners COUNCIL ACTION: \bt\council.for RESOLUTION 94- RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA SUPPORTING HOUSING A1TD' REDEVELOPMENT AUTHORITY (HRA) APPLICATION FOR HUD RENTAL ASSISTANcE PROGRAM UNITS TO ~EPLACE LIKE METRO COUNCIL HRAUNITSAND TO HAVE THE LOCAL HRA TOTALLY ADMINISTER THOSE UNITS. WHEREAS, currently the Housing and Redevelopment Authority of Columbia Heights (HRA) provides local administration for the 175 to 200 unit Rental Assistance Voucher and Certificate Program (Rental Assistance Program) under an administrative contract with the Metropolitan Council Housing and Redevelopment Authority (Metro HRA) and has done so since the start of the Rental Assistance Program (also, sometimes referred to as the "Section 8 Rental Assistance Program") in 1977; and WHEREAS, due to HRA and City desires to have more local control over the Rental Assistance Program and provide preference for residents of the city to receive assistance under the program; and WHEREAS, currently the HRA is receiving only $16.56 per unit of the $47.31 the Metro HRA receives from HUD for administering the units; and WHEREAS, the federal Department of Housing and Urban Development (HUD) has invited applications for new units under the Rental Assistance Program; and WHEREAS, a precedence has been set by the City of Richafield and Washington Countybwhere they have, over a period of two to three years, set up their own programs (replaced Metro HRA units with new units received direct from HUD); and WHEREAS, an application has been prepared by HRA staff for an initial increment of 50 Rental Assistance Program units to replace 50 Metro HRA units and such an application is due to HUD by August 25, 1994; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that, subject to HRA Board of Commissioners formal approval, the City Council supports the application of the HRA for 50 Rental Assistance Program units for the City of Columbia Heights to be used to replace 50 ot the Metro HRA units. It is understood that within three years the HRA will (providing HUD provides the new units) replace all the Metro HRA Rental Assistance units with the Columbia Heights HRA providing total administration for the program in Columbia Heights. PASSED THIS DAY OF , 1994. OFFERED BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: JOSEPH STURDEVANT, MAYOR JO-ANN STUDENT, COUNCIL SECRETARY U.~. Depiftment of Hou~ng Ind Urban Development Minne~x~iis. St P;ui Otfice. Region V 220 Second Street. South Minne~oolis. Minnesota 55401-2195 Special Attention of: All PHAs Minneapolis/St. Paul Office Notice Public Housing Division N, mher: 94-41 Issued: July 22, 1994 Subject: Notice of Funding Availability (NOFA) for the Rental Voucher Program and Rental Certificate Program Attached is the July 11, 1994, N0FA for Certificates and Vouchers. Ail applications must be submitted to our office by 3:00 p.m. on August, 25, 1994. Please address applications to the attention of the Public Housing Division. Rental vouchers or certificates, funded in Fiscal Year 1994 establish the minimum size of a PHA's new Family Self-Sufficiency (FSS) Program. For PHAs currently administering a FSS Program, PHAs must increase their FSS Program size by the number of rental vouchers or certificates funded under this NOFA. If you have any questions, please contact your Management and Occupancy Specialist. Daniel H. Larson, Director Public Housing Division Attachment ! �� .f;. t :r.'' }: f: '·,. ,· � : .�. ·. r- � 1 1 ( i· ! -�;-.l'.., __ .. .,.._ =.:l· •,: .... _ .-: ._ ...... .... · . . ___ \C,::�d� .,..;_._.... r .. :" ':" --- .. , ·MondayJ�ly .11, 1994 ·""� . ;:J.�,-�!,! �. ·-·. � : •.\,\?."_·-�· :·' : -· .... ;O T .�;��;;.;-i --·:. :r�c.;�·:, ·:-�� t� ::-:-� 9�:!:1 ·-:�: .-...._.,. , . ··""· -�. :· : : �---.� .:-•. -. , •• ,, .;·_.1 •. · ... ·, . � .�-· .· � ... .-:t,-:··:· .·;_ .-. ,.·. 4; .. l\·.: -. I'• • • •• -: _; .: =:. ..... -.: f-:: .. � . ·:, �--��---�_:(:;��({{t(:_f .\-.. , ....······' -·· ., =�·.:;--:.�-�;:;;=� . . =' .._. ._· ... •\� �� j ;_� /---�-�-' -... : ..,. \.', -r'• ..... ·.:·-·- .. # • � •• .... ·-·· . � ., :-: . � , . .--:·:--�- •. ·,: .•' . . ·· .-... . . ·./ ... : ... �. ;. ..... .:•. . : . .... -; -� ... I',• ,_ .... · ,· .. -· ...... . , . . ._ . ........ -==- ·-·-= � � . , .-................ ---_.·�-.-.==" ...._,. ,.. __ =·· .. : = ::..·--= ·== ---- ------. != ; ' .. ·. . . . •. :-.·�:•: I • _I• '. .·. . . �. .. · ... ·- . : -_�:.; ·_: ..... . •�;.:L,li��;:���::J�;:�.:{�;�;;,U-::;, --�. � .-'.· .,,!.�0<<:�:l�lj}:;:'!:,: �,-,,:�:;��i£���T:�;�-�,::i;). _.-l_ ..• ,.._ .... 1,-.-......... .c.·:...,.�.:..a.,.· ·• ,.t": ... ,.-� ... � .. ,:.,-:--v-,:,.;·-:--�!.:,;:'� :-Partl'-IV .. . ,-_. �---·-'· �-.t .-•• , ........ ,,... ... •• · .. -.. · ••• ; ••. :.., • . . . ! }�;JTli0f0E?:�!f ��:;;��:i �;):\;,::�,;�'..:::�;,��i '6���;�!��:�:�;:��;�i�;�;�;::���),�.· .. 'i · .. �o_l)s·ing···.ai1.d.::·.-urban . .,. :: • t -" ., ;., ' ..... . ··-.. -;. ... -.. ----. -�-�--.--,---i::..;' a,, : =-:·-, �---� �-:· :• ·_! ..----� .......==···-· ·-._; -----. --=. =· . = ;L =. � -----------l § --- ..- �-·�-·'=--J -- �evelopme�t . .-·-.. Office. or the ·Assistant _.Sec�etary for .. ·· .. _Public and_ Indian-' HC?u�ing ·_· .. :-. Notice_ of Fund Av_ailabi1ity· for the Rental Voucher Program and Rental Ce_rtificat�-Program · .. ' ., .. /) ( ·35426 Federal Register / Vol. 59, No. 131 / Monday, July 11, 1994 / Not ices DEPARTMENT OF HOUSING AND •. r.:... -HUD's TDD number (202) 708-459-t.· · Rental Certifi cate Program is designa te d ��� (These-telephone numbe�are not �on. for metropolitan areas. The metrop olitan .:t.f�. free.} .... . ,... . · housing �eeds �actors were applied to . :;� Office of the Assistant Secretary for SUPPLEMENTARY INFORMATlCIN; the ?ousmg ass1s�ance budge_t au thority : ;:�· URBAN DEVELOPMENT Public and lndlan Housing . : ·: ·,: : available for use in metropolitan areas : --. -J� (DocketNo. �ag; FR-3705-N--O,J P ap e�or-k Reductioo·.A.�Sta��-: · and the nan-me�politan hous�g ��:§M�. · .. � ....... · · .. _ . . . · The information c ollection \ •. :; . · fact,ots were applied to -�e ho�g a-.• -:�·_:.:,,,·:: NOFA for the Rental Voucher Program requirements contained in this x.-,�ce� ..... ass1�ce budget au!,honty a.v��le for_.�·�f. and Rental CertJflcate Program : have been approved by the Oflica of-:-.. · use in no n-m�tr opolitan areas .. ·_· .. _ · · =:. �1J:· . . · . ... . .· : . . . . : : . · . Management and Budget (OMB} .. tmder � The allocatiOJ:t!ll'8as were �ab_li!�e:d ··. -;;�, •. .. _._AGENCY:. Office of !,he Ass1st�t: .... ,. · �. ·. . section 3504(b) of the Faj:,,i¾ wm).·�¥1:�:bY the HUD ��Id ·?�C_!lS to en�·:�;:?;�· ·· �� for Public -�d hi:�� ;;:. ·:. "Redu�on Act of J 980 _(�� u�����: �de!1t coil:lp �titiQn �ong .� .:· .. :?-.��� . :�Housmg, �-··. . . > . • • • 3520), an d have been 8551pa�.:_t-:. (includi ng State an� regio� or;_mu l��; :;=-i . ACTION: Notice of �d availability .for , contr ol num be r: 2577-0169.·•'.';."�. ::.:?!.,:· county H..:\sJ. op?rating bous?-.Dg . Y • :.:. :::h,:i."J. F.Y 1994 and .procedures for allocating · .... ·· : . . ,. ·. ' · .. -:-;-. :. :-:; :�·-.Pro� withirl.p�e HUJ?-estab�hed ·· :,�J::� • ! fun� �d apP.ro�g .h���. ag�9 ... :, .. � 1:'11>��. an� ���5tanti.�����;1/."::· .' ���.�o�-�.��=�:·;'::::; .: _ .?<•· .;.:t�� ·�_--·.�:��: _ �-. · appli cati ons. . . · ·· -· ·· · · •.·. .. · -··A ·Authonty .·' · · · ·· · , ... �.l·. ·-·-'-: .•,.·" • '3) Program·:rype · :· ·. · · · · · •-·.,·, .. �-···· · . r+.. �• • • . .•. • • .... ·.::· ... : .. ::�.;. .. ;:.�--;-? ....... , •• · .. ·· .... : .. ,�.::.. ·-�.;.-� .... -:\ ..... . . ··SUMMARY: The purpose. of the Rental . �e regulat!?ns· governing� ?1':?.!!1,:·.:��:�·niis n!)tiCe anDOUJ?C� the ·r�.share: �{-,_� . · Voucher and the Rental Certificate .. · , ;· ,Certificate ana the. ReD1.al .Vcrocb�: · �= : .. :: • all.oca tion of holi:sing ·as�i�ance pudg�\":�5-���-B.:·· Programs is to assist eUgible families to Programs are P1:ll)lis � �·. Z4 � �·:;. ,authority (See !i-ttachment 1) for the::.:::.,-::: ''"''l:: .,,-. pay the rent.for decent, safe-, ana .. . · · · 882 an� 887, respecti�ely. "Ip�:�-;-�.· . Rental Voucher Program anc tfof the·, ···.,.��i� . sanitary housing:Tbis n otice states the i:e�l.ati ons for allocatin� hausmg ·· : :. f · ; Rental �rtificate Pr ogram to each ffi.!P �·'.::-. . . · ·. fund allo cation available for award of · ·· assi� ance budget aat.h ont� .. 11��;,.:::�.· • .: State ·or Area Office for designated .· .. ; . : . ·':� .,.,. ·. "fair share " rental vouchers and rental · seetion.2�3(d) of th e Housing and":".·;: .-: .. alloca tion �as, based on the hol;l.5lllg · �!!�1.-1·f: t certificates. The noqce identi�es the . O?mm�ty Developm ent �-0�?,:,� · . :· needs factors. The al.locatio� of housing' -::J,��·. ·f.·am ount bf h·ousing assistance budget · ··are published at 24 CFR part 7�1, · � assistance budget authority to each· , ·t.·; 11· � . . b D . . . ... · . ',. .. ,�• -.lr:Z authority available .for each allocati on .su P� ·· · : ·. · . ·. ·� .. _,_: ·0: · .. �;.: .• all ocatio n area, however; is the total for· i-:-;· ;._� �·· . are� ll?d_HUD S�te �r Area Office . · B. Alloc�tion Am;unts · ··.\�·.;'.\, :�J�' :. both pr ograms. The �ocations have . · · .... -.{�;, f· junsdietion dunng Fiscal Year 1994. ·. · . . .: · ... _.:-:., · been structured to give HUD State ar . ·-:: ··. : · _ '.fhis notice also:._ -� : · · . (l) Housing Needs F ormula · -: Area Offices flexibility in approving HA ·� .. , ;:. · · .(l) Invites P:ublic Housing Agencies . · ··hf this fiscal year, appr��J.ff75 : .. applicati ons for the rental voucher ._ .. ,:."' .:.�t r l ·(PHAs) and Indian �ousing Auth orities.· million ·ot�dget authority.�.�.� ... pro gram or tlie ?'!3ntal �rtificate ... �·: ·1:i ;��t�� f ·. . : ·. (IHAs}, herein refen_:_ed to as housing . v!)ucher and certifi�t� p� 1s � ;!: '· . program. It is no.t necessary that each"· ... �<-,.-:-::-; i..� • •. : agen(?l}S_ (HAs)'. to �om.it appli�?,O?.,S .-: .. �vaila l:?l� .f�r f�. share f(?rmula : :: �f.-� ::"::··�:allocation ����n.:i: a. ffi:ID ��.te .o���\t ���� � . .,._ � for .ho �si,ng ass t�ce.fl;lJ?.� : . :·· . -;. :•. · .. allocation. mus .am OUD!;D!Y · l!e,, �. <··. �.: .. �.Pffi ce .JU��dJ.�o� be provi.aed ,.;,�;£;!�� ?;°-' · -· :.;: . · ·c21 Provides instructions to HAs -· ·: .·reduced by up \o $100 tn11licm (or:tclm8.��:both �ntal vouchers and rental1:.. : :.:;·����: � · -...• :�g· ov..eming the ·subi:imsiion· of;� �t J.;J�?. � 0Uwbm1oum} to increase � .liTel �catesl. This:notice:al.so :provides:�.�;;._:t�'!{!l� Q,i. �-�· ·��fii· ·-,._. • · ····, -• ·-r .. ,·;-"'.\.�."--•.:"•t.:.:..,,� ... r.··'li •·· · ·-· ·d·-.. · ·) . ...,. ·-·· -., -, .. , .... ,_._ •' • ;f -· :;,, :: .. ':,>applications;��,".; _:.:•--:f,:·-r·!.-._,�·-.;',;._.._·:··. ·uu.�wugior ti�a�OD-OX:. e,!���tiO!f :,--�-;-for-each'llll9C&ti_�n·.�;;!!J1 .. estin:i�fP.,;�_ � · � ,}• • -. ·!;. -(�� D��� ���-��tin���� ��g �11 suppC?rt -��.:"�}:t the total ��.be.�. 9f_ren�l vou<:h��-an d:�;J� ��-if:: _. , _. ranking. &Dd approvmg�·1,;:;,�.: C�-'-.� -� �·fri!:·KA. ren�.voucb� ��� ........ �'rental certµicat �!bat :co�d be fwide .d-:.: i::!¾ r.· · : ... applications.�. ·· .... .-.:-: .:.: ... ;-:---:._..(--. · :: ·� .�"c. ·'. certifi cate programs. Of.� am�t ;�.":.-:-s from the housing assistance available ·in:��� ,,,, . . .-· .' D�TEs:· Applic:'ati��--fo�idJ.�j:,,g � (-_i . ap� $624 �cm is !Gr��.:;-; .the allocation arei:These es�ates-·�::L' 'lt:. t� · , '.,-:under this NOFA ioust:be receivEl9 fri�;..: ... ��he!'f md_.approXl.ID�tefy S3S1 !-��::-:\based on the averag�-�JD�ket rents ..,. "i : ·�=t_: i -. the HUD state· or ma · Office/Native · · · million� for-��8:1 c �rttficafes._.T.hif�.:.:. �:.for.two-bedroom UDlts in the HUD State .·.·_:-.�� -.• . • : . ·· .American Prograins:Office_ by i:00 p.nL. ":_:budget a utb� lS being all�t� t�;-:£1 · '(?.r.Area.Office'� juri�diction ... The .actual .',::.�; �Ji(. i· . .local time (i:a., time:a\ the._o� where--. .:HUD: S�ta � �ea Office e.d an�� ;· :number c:,f ':llllts.-assisted will-vary .from.--� :-{I· � . the applicati on is submitted) on August area�underthisNOF:A., u��;-::�:: · · �ese �at� m _the a�al �droom :·. _-_.-;:;}f.::. } .. 25 l994. .. : .. ,. -: ·· bousmg ne8'kfactors established in.:-�;· · size DUX that 1s funded in a given area.··:··.:-:-�.;,: .· ··. ' •. · · · -. : · . :·,: · ·.· accordancawuh 24 CFR 791.402.For_-:. ·. -. . . · · ·. · .. · .v,·.-· 'i .. ADDRESSES: The basic application, Form pu rpose s of this NOFA, the �partmeizt · . (4) Pote ntial Additional Fun�g ·.: ·.. <:>JJ;: ': . _ .. �2•515• .and� 0�� �� ·:· · .• . is using the m�p olitan area.�;, .. 7:;.:. , .. · · .: If additional rental voucher or rental . :·:, : ·�, : · .. a ppµcation matenais may_� ?btained .. , · designati<JDS that were in effect prior to: ·· ·certificate funding .becomes available . for ·"' -�� ::..: :':·. from. an? completedapplica_tions are to . Deceinbe� 3i, 1992� s ine� !;!etat�.�.:� �-.: incremental u se· du rµig Fiscal Y!ar:. · �: .:,.:. _-'p :'.be submitted to, the app�opnate J:I:UD · ·· census data tabulati ons for.thenn,:�t..2.:'..::: 1994, the Department plans to qistribute ·�[.-. State or Area Office/Na.�v-:�e�� metropo litan area designatfomarenot -:··.any additi onal funding to HUD State or .�· .·�� ..Pro�s Offict; for�� JupsdictiOn m available. yeL In addition .. SSl.3 million.: Area Offices using the same percentage: ... ·.;·��': whi:11 the appli�� 15 loca.te? �see � .is retained in a Headquarten Reserve .•. : distribution as reflected in Attachment • ·· -T 1-,.Section D. �p�li�a�on. P-:!>.ce��g. of which will no t be allocated by Jonn�a: :. 1 to this NOF A. Any additional ·funding . .; : =":;ttheNOFA). · · . .-. · · ·.!·:.: •. ·· ·. ·will beused under the-competitive · . ·· �;: FOR FURTHER INFOR�ATION COHTA<:T: (2) Metropo lit�on:-Mettop«>li� � · requirements of this NOF A to fund HJ\ ... ·:�·. Gerald J. Be noit, �or, ��tio�. . Separate bousmg nee ds �ctors � ·: .. applicati ons w�ch were approvable but·,.· :��·· Branch, Rent� .Assistan�DiV1S1�n, . : .. develope? for th� m7tropolitan ad��-· -not funded, o�.approved and funded at-· · ·-: ·r�-­Office of Public and Indian Housmg, . metropolitan al.locauon areas within·.:.-: less than 100 percent of the requested ··. · · ··./:4 •R oom 4220. Departmenc of Housing and ·each HUD State or Ar ea Office · amount. · · : . 'SJ Urban Development, 451 Seventh Street · jurisdicti on. On a nationwide basis. . :::-:· · · . · : . . , · .. ��·:· -_.. SW., Washington. DC 20410:-8000, . · :approximately 90 percent of the f.jscaJ·.· .. C Farro/! Se/f-Suff1c1�ncy Pro�ram . ·:%:·... telephone (202) 708-04n. Hearing-o r .· . Year 1994 '"fair share" budget·authority Unless specifically exempted by HUD.· · .&�\ speech-impaired individuals may all for the Rental Voucher Program and nny rental voucher or rental certificate . -� .A.2 �-� ,··�-�-. �<: 7; &-.... .. ,Federal Register /.Vol. 59,-No:·131 / Monday, July 11, .. 1994··/-Notices· ... 35427 funding reserved in FY 94 (except -(b) Rating and Assessment: (iv) Percentage of Units Leased as o f_funding for renewals or !1,lllendments) (i) HUD review. of HA Op.erations: September 30, 1993. HUD staff should : · will be used to establish the minimum • 8 Points-Assign 8 points if HA has use the percentage of units under ACC · -size ofa PHA's FSS program:· ·. · . .. no review·findings outstanding, or all · for a period.'ofone year for the tenanl· : .· ' · . ·. -·. ·. '· · .. · · · · · -review findings have been corrected, for based rental assistance programs : . . · D_.1iA Ehgi bility: :\": : : ·. ·. ·· :_. • �· ,-.' HUD HA management reviews, Fair_. ·. · adminis�_by an HA. HUO may use· . i· · .. ,�.'� �s are �vtted,bythi_s n�ce to · ·;· ·Housi:Jig �,��aj. Oppo�ty revie�;_-· -a report_ anle�g � an��:per:io� .if., .-!·: · sub�t !1-PP�CB:tions for the lJ!creme�tal:'.. :or Inspector General au�':5.as of the. :-_�: th� �ept�ber·30,·�99�-:report is not-:�: · t fun.ding for��t!.R.�ntal �ou�erl'��. deadline dat�. for �ubI111ss1on of.,.-. .-, ,� ... :. reflective of HA performance.-��-:· .. ,:_ · . t (24 �.part 887) and tlie Rent�J_ ·-· · ·. applications under tlils_NOFA. : : ·, · ··. • 6 Points-Assign 8 points u.� had . :� c;erµpcate.�og� (24 CFR part 8!J2}._: • ·, • ·5 Point�Assign 5 points if HA has .. 98% or more of:its rental certificates· .•. : i · · --�.tA· '· ·u·f�.,---�--·p· .:• .,·!:·}:,=:•·::�; • ..:.:-�., .'-.' less than-five review findings ,-� -· ,:..· :: and rental vouchers un.dei-'lease:· · · ·: ......: • .u.. pp cation rocess., .. -·---�· .... ,.. . . .. , ... �. -·-. · . . . .,. 1ji:'' .' · ---�,�·, .. !��--;-_: -: -. -.,;·. /,:':: . ."'f·i,'.:,:,\2:·.,,-. · .outstanding and all findings_are be ing,..;.::.,. • 6 }'..oin��si � 6·points iCJ{Ap.ad .i: . A�:Applic_at.ion,Reqtu�ments -.--:.:' .; .· · ·.:.:, addressed. ·.. .·· ·.:>-.:�.: ::._:: ·7,. · ..... .-·, ·. 96% or more ofits rental certificates ·. t. . -··All th.ti items in Section m c>f° this . _ : .-• 2 Points-Assign 2 points iI HA has . and rental vouchers under lease ... · · ___ .. f · ·NOFA must be incl�dedin_�e .; ·_,._�::�;::;� five or ni?re review find�gs ·:. ·: �,/.-'/ _: • 4 Pciin��ign 4.poin� if.HA had. r . applica tion.submitt� t� �e ���ta��._.,. outst11.?din& ll:':1�8!1 ��s �-o�mg ... · .. 94% 9r more of 1tnental ceruficat�s :: :-..• !: or.Area.Office/NativeAIIiericanf.: · .. · .·· addressed..,-.· . ..:: ...... '· ·.-· ...... : andren�vo��underlease. · (·. Progi:ams Office. The'application may ::-: • 0 Po�t�Assign;0 points if1¥,.h·as • 2 Pomts,:;.-�s1gn 2 poin� i!HA hadt inclucie ¥1 .. explanatiqn. of .h�w µie .: . : �--�Y �view f'.inding� outstan�g an.� ��-: 90% or m� ohts rental ce�fica�es--. fo!· application.meets, or will meet,.the . : .. :. . fin�gs are �ot beu:�g add_re?58d, · . · ·, and rent�l vouc:b.&,s under.leas�. -. ··selection criteria listed in. this NOFA. _ (n) Compliance !"'lth.Sec.tipn 8 . .. • 0 Points-Assign O pomts _1fHA bad ; � I� !', The maximum point total available-_, .. -· :. Portabili�y rules:· : _. .� :.; -. ·. . · . .._:. less. than 90% ofits_rental certifi:ca�es undedhe selection criteria in·this .·-/ � • 8 ?omts-:-,Assign 8 points 1! HA is and rental vouchers under lease. . . ..NOFA'is 95 -·· ... ··: ·. ··-.·. . ,. : .· . . in compliance with all provisions of the ·. . (v)Timely Submission of HA 13udget ·· · · . . ·· · •. · · ·.· · · · · : · : -... • · · · : � · · ' portability rules�, · · · · ··· · · ' . · · and Financia l Statements to HUD. · · B. S�l�t,:on. Criteria/Rating Factors • 5 Points-Assign s points if HA is • 8_ Points-Assign 8 points if the HA ;.: (1) seiection Criterion f·_ . _ < · :: · .. · · ·.: ·. in general compliance with_porta?,ility .. · �ubm1t��� both.its 1;DOSt recent fiscal ... .•• ;.: · .. • -dm·· ·• · • •.. -· · ·: :·. :· -�--: rules, but has some minor compliance ·· ··, year Section 8 budget at least 30_days . . .r:: · � A ._ !�5.���e .�})a��l:i,ty. �4�., �. issues.' .. ·-· >.: .:-:-:-. �-:< .. ;· -·>:-·-:_,: . prior to .the start of the HA fiscal year::;· 1 f po�tsl ... �:·:�-::.> __ ., ... ::.: · .. · ·-·:,._�,>.-·:·: .. :�--· :·• 2Points-Assign2points.i°[HAhas =_andits year-endSection8aiµiuaL .,...::.. . · -: ¥, . ·. ('1'� �scrip�_on: � ff!\ ·::--·-(_,·-·: ·/. � some. m'ajor .compli�e �es.under ;· ·. � financial statements witlun: the �q�d . _-,_. ···:·\ f.:'-a��tivecapab!)ity� 14� ���i-�: portability_which are·being ad qressed. ,_,,. .. ·45 d:ays·?f:the·e��.!>f th_e ijA�s fi�.;_·:�·:.�-·.-. .... ... · -·.· · . .Vo�. �tal ��qite; and.�-.• -�:-7,'); .•. ,,· • · OPom· t .. -· ... --=gn O nnm· ts ifH.A: 15· ::: "',year �-.": � .• �·:···· -,.. ,,;.: ·,r:,i--;,:-l'. : · .... :. · ;._: · • � ... "". � M-·!.1:..:-.:..ta.'�'D-1....!1.!.::1-: .. ......: ... �·· ... -- -- -·· -�: .. ..,, .. �-· • ..,.........�:t, r_""': . • .. ::-... .. �,-.r,_ :.:..,.. " ..• �1-:-.., . .:.,.:;.._�;,;. ... -·,-···· ,, ... � . .,,,.:..,�,., ... �, •. ,,.,.. • . Oui::nu.8 �-uon s IS ,� ... ,._.� ... •. . . ., u· . k ·th"' .... i.,;lity ;..;1 ,-:.,·-. . . 4' p "int·.,,, A,; ... ··�, •. ts" ·r th' HA�· . -. :-· 1: ...... ·. -·· , ..... "· .... , .... .., e .-.... -·:·,-� .. �cnottn!=0mp __ ��,w,, .. P,orta"t -?-.�8.?·r_.:.' �-,. � .. ��s��,4_po� .. 1_ •. ,!!., ... ;.-··.-:'.-:: :" · /�-.:·. elth� �.!ID.t ,0r go��-_Admllllstritive,!f'8:Dd issues are not beirig addressed:�·:· '::· submitte� e1�er i� most ��t fiscal -'· · -... -:.= :.�-.. Cap,ab�o/ 1s �d��it �y f��?.,�.� ·: :;-. .' (iii) Housing .Quality.Standards (HQS) 5 •. y ear budget at least'.30 days piior:to the : · ·· ,.__ as leasingratesancicoIT8Ct'·.: ·-·· ·"'··r·. r··-1ns· ctt· .. ; ....... _._, · -�,-.,.,. ;: .. _ .• -.... .• , ·--•:.:.st··--£th. HA' ,,. _ _._, ·ts' -� · :'' ... !(.· · • ..J_,� .. , •. : -.... ,,,,._ .. ;-.�::,:,;:.-�· pe_ons-,-';.:"�._.:.v;-:�::;<-.·-.-..·,,--�:·-:,.'{. cu•O. e .. S�Y!lar .. Otl .Y�-.�·:. · .f a��mstration of-���g qu�o/-' ·:··;:: ·. · . -� a fointS-:.-.Assigri �_pointsJf HA ll_ad; .. end Section 8 annuill financial·:::-.·-..:--; ·i:. ·'" ! · s�d��s-�QS!;ex>mplian� �th .the.·.: -more than 95% o( its units pass fJQS ".-_:' ·' statement's within the required.45 iiays_ _ .• �:. po�btbty reqU1rements_for rent�:-.":· ·: .. inspections by HUD at the-last reyiew or .. · of the en� of theff!1-fiscal _year_.· ;;·.;: vouch;rs ct:n� .��tal _cernfi�tes,;· . . . . HUD is �ware of actions taken py the : -.. : . • Q Pomts-Assign O p�mts if� � compliance wt� Fair Hous1_ng.��-_. '. :: HA to improve the number of 'uni� that_._,: is unable to doc�B;Ilt _the timely:: .. _ . : · Equ� Opporturuty_program_ ·. . . · pass HQS inspections to 95% or more.·. _· -submission oftheJ>Udget and finan«?al ·.requirements, assistance paJD?ent . • 6 Point,s-Assign 6 points if HA had. statements. : ·--:. ·. ·: · _-•: �mputation, timely submission of · more than 90% of its units pass HQS: · (2) Selection Criterion 2: ·· •'budgets an d �ancial statements, and ··· ... inspections by HUD at the lastniview, _ Underfunding of Housing Ne:eds (45 .rentreasonabl�nessrequ,ireme�_ts.For_ . orHUDis aware ofactions takenby th� .-. points): _ :· · ·-·., -..•. · ·· ... purposes of this NQF�. an HA; .. --• ·· HA to improve the-nwnber of units that {a) De�cnption:Tbe degree to which . , administering a Rental Voucher;R�tal : pass HQS inspections to 90% or more .. ·-_ ·. the housing needs of the primary'area : -: . Certificate,'-or Moderate Rehabilitation ·. · • 4 Points-Assign 4 points if HA had. specified in the HA 's application from Program 'o/ill not be rated on the· . _ · : more than 85% of its units pass HQS ...... · which the HA draws. famili�s to a�sist administration of its Public or �dian . inspections 9y HUD at the last review, .'. (primary area) have previously been Housing Program. If an HA is not : . · _ or HUD is aware of actions taken by the . underfunded, relative to the needs of administering _a Rental Voucher, Rental HA to improve the number of units that · other localities within the same . Certificate, or Moderate Rehabilitation ·. . pass HQS inspections to 85% or more. · allocation area, taking int.a account suchProgram, HUD will rate HA . • 2 Points-Assign 2 po ints if HA had · factors as the _number of assisted · ••;,· administration of the Public or Indian. more than 80% of_its units pass HQS housing units a:nd the number of very t Ho�ing J:> rogram. If an HA .is not · · inspections by HUD at the lasf review, . low-income renter households with · t ·-:- adm in.iste!ing a Rental Voucher, Ren_tal.. or HUD is aware of actions taken by th'e housing problems, eligible .for such Certificate, Moderate Rehabilitation: · _ · HA to improve the number of units that assistance. The. HUD State or Area · Pu�lic Housing or Indian Housing_ pass HQS inspections to 80% or more. Office/Native American Programs Office ,. Program. HUD will assess the . • O Points-Assign 0 poiDts if HA had \\'111, wherever practicable, consider :-. odministrat�ve C<!pability of the HA 80% or less of its units pass HQS needs being met by all Federally based on su.ch factors as experience of inspections by HUD at the last ra\iew assisted rental housing programs, staff. support of the HA by the local llild HUD is not aware of action.s taken including the FmHA Section 515 Ruralgovernment, and the HA's by the HA to improve the number of Rental Housing program. but will. as a administrative experience "';th non-units that pass HQS inspections to 80% minimum. consider assistan.ce providedHUD housing programs. · or more. under the Rental Voucher Program.A 3 '35420 · Federal Register I v·ot 59,-No.1J1·L·Mo·nday, July-:11;"·:1994 .. :./-Noliciii .. ,:.:-.., .. , · -�:·· ·-··::· ··-, . Rental Certificate Program, other. "" funded. An application with a:·,' ·. ···v· . Secti on &funding m··fY 1992 and-the-·-·: · -. Section 8 Programs, and the Public or percentage of need served that is greater · PHA has failed to complete. the requiled Indian Housing J>nwam. · _ · · _· than two-thirds the allocation area 's --implementa tion steps as desaibed . <..-:-.: In accordanai with Notice PIH 91�5 ·• percentage but equal to or less than the -. �low. Also, the score of a PHA . ·: ·::· . . . .-(HUD), the HUD State or Area Office/. . allocati on area percentage will be · . . application must be reduced if the l>HA Native Ame.rican Programs Office will determined ,o be 'proportionately .... .-·. : received funding in FY 1993 (unless the . � i :_ ·notify_-� o_f appJ.!�ti ons It �l_v� · _-: funded; : ( :;·: �:·;=:..·:._.:. .. )f �:-�·:::;� :._-/:�.;;:;: .,� }:IlJD ��te.o� Area Offi_ce ��ed.a tc;,�� . ,-;.:. <i: t:·: and as¥·tbat ��provide advisory. · _-, ·. � .. O Points: J:iou�mg .1:'�a � Jlie -� __ .. _.;-�·--:. �ption to the.fSS p rogram·.:,';"'.''/:.? · -r � .•.. :.� · • COlll;D;l�n� .co_�ai.,;mng �e market f�r . ;r·.. p�ary .�.speciij�d m, th� · ... --.',;::::-.:1:-.,> �-:--}�q�ement} and the P� �� {�Jep _19. �·� :· .. :-.::·;�?;·�: -t1:ddition .al .a�1.sted h oUS1Dg or �e· ·. · · : ... -application bas bee°' ovedwide.d,.·-� · · . ·.complete . the required ipipl�Irie.*tation · ·· ·: ·;. ·.-�··-· :· p�i�l_e· impact the_ p i(!po�d �ts m�y · .. prim� �a �th �.perqe�tage of nfN:� • .. �eps as �ascribed �low; __ ;. ·:_::.�ij;,/:·-'.··-�.: ··. ··:· _:'[· ·. ·: have on � proJects:.!1_ppli�tio_�. : . � sery� �tJs greater"t!\� �I'.'-�ll«?C9�0?. �. · . ., (b! Rat.i118 and '.Assessl!J.e�t:,�e .. �;·,.J .. : :�-1'. , ·: for which FmHA has·provided ·."'.'-' ,· :-: area percentage will .be determme<ito :.::_0: --:State.or Area Office must,-deduct point···,.-·--;!::�-.-;. ..... _:. comments expressing concerns about'·�--have oeen ·overfundea.�·--.,. i":'t··�-,"t,�-.1./�:: :;�.values as s'bow-n below-�:-=��-�=:.,-�,:�,'._:;,_:,. �:!-:-:.ii . · · .. -,.�-market need.or �-<;ontiriµed,stability� :;.;._,. ;(3}.Selecti.orLGr-iterioµ:3:·�·{:'.i:;·,:;:;_,·{·1-,•· �9 p oin� �du:<:tiq�Dl;!d:�c_f19 �:'/.>-!.�:� .. �: ,�:-:;:_..of existjng.� P�i�. ��;\'/�.h;h· 1 :. �t!at1ves WJi:q��s>:�-;�.�,���:t.�-��:;.::r;��'11o1nt�.ir c1> .th'�-���i.f��i;q��J;�r·��.:��--��ri�-.,: :·. · .. HUD agrees;:� . .reqijve .���·P-oints;fO:i:: .. �-'l. (�} �npJ!_<?n.:.:1'.he.applicatio,n:J?,� -.: ·es�abJish:it pro�-�fi)_r���ST: :cf.";:;:-·+ i;:\;�: · ·:..· :-.this criterion�:;,\' • ..,:��-::��·�:·· .::'.: ';:, -t' '.' _.;de scribe-the extent to:which H.As·/.-. :,,-; .,:.:� Committee and:providetl:ieuames;·�i r�·:·\:,-*·' ;;� . ·: . : :;..'-;"), l,bJ !l�ng!-and.f4ssessrii.�nt.: '.fo r�i\(.e ;":"d�in�nstrate.)�y-initia.t.ed.�!fo�:i:nt·),-�u�es an4 8?CJ>eri�i_:i� ofajl.me�§tt�·:J:;;,;�� · ·· .. : ·: -pomts-und� t,his-c;riterion;·an :.-··:;! :, ·_, . ·;; support:of their_;Rental',Voucher. and:. .. _ .-;.;,.-(.24.CFR. 984.202(a} &"(b)}'.to·Hun;-and .-·"":-"';�-·� : : application muslpropose fundirig in ·aii _.. -·Rental Certificate:J>rograins or· -:�-.-:.-:a=·�.-.. (2)·the HA··has failed'to-!iubmit'liii'�-..-:"'.'�·,-· u .. � area which has �n previously . · ·comparabl� tenant-based rental .. ·. ··. ·.. ·�ction :plan 'to HUD within go·days of·�-:-:··· 7:·.� underfun�ed �r prop ortionately funded · assistance. programs. Evaluation of a: · . notification Qy·HlIDof approval of the :_: · ,. � _:::,�,: ' relative t(!_1:}le n eed for �ousing in the · · locality's contribution i�'measured ,: . · :_. PHA's.application for wtits ·:under.the.0 ·--:. ;.�·: • .:i:;.: . same allocatic;>n area. . -:· -� · ._ . .,competitively-.by the.extent to which'a -FY 91/92 FSS incentive award_:-:-'�··f··_;':7·.-:.�.;-;:i:, · · The ass�gnme�t of points is �ased on . ·locality is able to provide·services ·or ·:_-: · coin petition or HUD app�oval· of��·-� .. ; .• :-.�: >r'� .: th! �egree to �hi<;h th� needs m the cash c_ontributions or demonstrate �ts HA 's first application, comm�n�g� ·. ·: ... : 1 ·" ... . pnm_ary_area specfied m the . . .· intenti on to provide tlii.s ldnd·of support F.Y 93, fJ?r rental c�ficates o�re!)tal·_ :··:::� �-..-.:.·-,1 . ·. · · app���on bav� been underfunded, _. · . in the future, as.compared t o services or---. vouchers (24 CFR 984.201(c)(1)):-";'!r. •, .. · .. :,:.:·0-.:-.,._'_."f;-� ... -· · taking -int,;, accr,,unt th� number .of · . .' :. ; ·. contributions ·provided by other�.;-.;\ :� ;' ·: -• 5 point·Deduction -:-Deduct ·s �irits� ': �::�-�-�t·: ..... -::as�t�d h��g·iµu� .. and the n :umbe�<_. loqilities _of�� p��·�!.ze . .;· \" / ... ��, '. if (1J the HA �a.s ��!�d t9 ��t�bli�-a��:7-::·:::-._-i..�i: : . ·: :9f _ very: lo��.1:9-�me �°:��r �����.oL�� + .. :.: .. .-(b} IJating C!I1d A�sessme!!t:!beJil:11?.:;. ·�·.����tpig_ C??Inl:'11t��:��7,'-�·::-.��i .. ..: .. -Wl� �o�g p��l!l�s .. J'h�: .:,!. .. ·i .: -: ': .,state or :Area Office/Native American'... :,.:· .. pro�4�·the_.Dames;auttes· and:�iif..l�1.1-::.�: �i ,, ·:-.. ,{;,.:. -determiriati . of. oiri�alues. ill be: :;.··. . ". --" ,!ffi ·.;�n.·-'•· ···.-' � -: . i=.---�:,� .. 'rlence,ofall:ineml-.....;, -i;lzl-'+l..·,.:u;A��. :r--..,· . ·,· .. "-�b .-,·d··--.·---�-P,-.. -<.,..fth .. :� .. , ... ,r<.,;r..�s.,0 .. ��"w..��§1,gn,,.,o:n�e:o,�w.o.,...-;;;;,.�----........ ·�· �.�.'f:J,.� ..... �,.'-"!'--,;.�.,.. ...... ,,. ase on a-com ·aoson·o' e n1a �-•. "al . ·-·-··r: u· .... =,�·· �.;. --�h· ··r.,.n....i.,t.,. b ··�,.ri ···nr-.;..;.i....,� ... -· . .-,.:. �-�--��-, . •:·;·· .•. , ... �--_ ... , ..\. 1 ---�·-· -"��D'H;lt�. u,�sf.B��Q �.?.·�· .-�...,."'��--� 'l""'"'\P"•.�� ;¥!-}.. ,..� .. o-g_,.���-'�r : /'. '. =-.•� ofhou�g ?eed .ser!.4:q-� .�e·p,p.m�ry-�:::'.i-:'.<,•.�_s:po��:::'Ili�·&Ja!�1Qr:l�ty�!�i_;,tfr . .'.:.i;,acµ>i:diµice:-�tll�24:Cil:,R�84;2�(�)(1)j�.-,.,��... . :·-;.1;:::i ::.rim:ea-� ........ �ed in._the,applicafiati 'fo·the .. ;;; '.\.provides sf· .... � J;cantfocalsunp orf 'Et.gi,X"'-"i--JS}�lection.Gr:iteriQ.Ii.S��oru-qf:�,v.: ·· :. . .. ,·-r··J· " r.rr� ·r···_::..1..J ···--d··• ._·th ··--·.·-.. ,;._ ... .,� . ·---.. -· -�..,-,,; ............ .&;' :'!I. .... -�:.. ... ��· .... ··"'-·-� • .... -..1···'-·w" :s-.. -· .. -.-�,�" 1.:·-·7;: .�:�,..._, �---�,.;-. ,,-,--.;.,_n<>l"N'lntage o ·n1;1:n41 serve :in �-;'.,·,.;.:;a:·r.· :..6nancial,,µianpower:for.1 "'.,..;action.:!c"->.,C"" . .;,,to,.,Provwa.Are&= loe:Housma,��->--....-�c,� . .t� . . . _,_.,,rall-:-� ........... -, ....... th--.... f;, ••••• , •• <.';/".,,_ .. -· ·-·tal· ..• �1".-., ..... -v.,< ... � ••••.•• ,,.�·--·��1:-·, ···ru··,-�( ... a.�l'.'.:�---···i·-·�;_: : : -• .:. ,,.. ocation ·area since e,19:10 census.:,:· J. � · serv.ices) .to·its Ren a V.ou·chet :or Rental, :�.-°'?�rtliilit,ies·-1oy.F.aui. es 5:powts �:.v.if�"�� ... : _.-.�.'�; The·peromtages loi·tJ:ie allocaiioi:i areas\-:-�-Ceitificate.Piogiam.:::/s!i.�-�-;:��·�.;:"'--�•4:;_;�-fioJ.Descdptio.niMai>.y_liAs·J:ia.y�����;.-���· , ... : _ 'and th·e prtinary·'ws are to be rounded··'"-·. .� .2 p oµits: Tlie ·Staie or locality_·:::.·:.:�·.:. widertak:en·v.oJw:itary'effoi:ts.to J>rovid' .�:.:.-. ·_-·/�;,-·.: .. · · · ·10 the'·n.earest whole-number.-�.:--... ;· .. : . · · .provides:minimal. local_.suppor r _to)ts· �:�:::,;:area-wide .hopsirig_ oppgftuniti�;; io� :·:};:· .:.:\:�i.t· ... : .. ,';rlie HUD State· or.�a 'Qffice/Native _-.. Rental Voucher"or Rental Certifica�e·.'t ·· · .. families. HAS·il;l· metropo1itan ana.:non.;7'"/-:' .: ,;.;.c,.i-;'":· 'A.IJ:?eiican Programs Office will evaluate .. Program., -· ·. : ; ·. .;·· .-:-.. .'·.� � : ... ·. '. .' · ... :-metropolitan areas are eligible -for points· "1�=d:.::·_,. whether housing need in the primary . . : • o points:·The State or locality does ·.� ·under this criterio.n: T�ese ·HAs h,ave ·:� .:..:.:"'.'. .. �}f ''.'··area spec;i_fied in the application has . . ri ot provide support to �e HA's Rental··:. established coo��tive agree.oie.nts with·=, ·:-_f.:.:� ·.-· . ·.·'been underfunded and :will assign one-. -Vouclier or Rental Certificate.Program:�,.-. othez: HAs·or·created a consortiwn'.of-::;-,\�;::/t : '-.· of the·three ·point-values, ·as follows: .-· '·: :· . (4). �lecti on C.riterion ·4:. Efforts 9f: _:. ·:::·.HAs in order to.facilitate.the transfer o( )�· ·-' �:i;=. . . ... '.: .�. -45 Points, Housing need in the .-' -. :. HAs t_o �ablish .a family .�lf-:::·�-_-:·. :;<·.;;: families and their rental assisfance ;,:,_� .. : . .-:,: ;._r..:,;.,: ··· -·p�_ary_area s�ed in the:· .. --:; · . ..,--. : .. Su�c;:i�ncy.�� (1�.P���/-�r>;�t.:.betw�n HAs:·1n:addi�o11;;:HAshave.::\�(;·��·�t . 1 -�ppl�ca�o� h�s�n se_v��Y: ,(· ·· 1, .. :: . Deductiqn): ; · .. : . : ,. -.·:::; .. :•; .. _-· .� · , -�·.-· ·established relation ships-with-non--.,..:�, ·:·;"·'·:.:-::1-'-;",, .. und�r���d .. A pnmary area �ith a -·, · ·.. :(qJ.pescnptJon: '.fhe.appllcati on �ust ��:· profit groups t9.provide fami.li�s:�th 'r.. ·:-��-f�3::: · percentsse of need served that 1s equal ., descnbe the efforts undertaken �y the�. additional counseling ·to·1ncrease th8-,:· ·.' ., "': '!'' . J to ot less·than one-third the allocation ·-··· .. PH:A t o establish= a -Section 8 Family�� .. · . ··likelihood o!a successful ·move by· the· ... ..:,.:,·,;:·� -: . area•s·percentage .will ·be· determined to -· Self-Sufficiency (FSS) program··,:. -:: •, ,:;:.families to low:poverty"area·s:·,-,.,;: ':-� : . .,. .. , i' ·,. ·1..-.;.:.._� · ·, . .be severely underfunded. :: '· · · ': .. ·. · · . :· · including (1) submission to HUD of·an _-: ,.;.;,-(b)-Roting ano-Assessm·ent:-The Hl:JD....:::-,,, -�· · . ;. • .30 Points. Housing need in .the . Action Plan , and {2) creation of a'·':-�.:� ':-�·.·state .or Area Office/Native American·:···-:� :-:i� primaey area specified in the : . · ,_ ··· .. ··. _Program. Coordinating Co�ittee�lf a · . .-!,; .Programs.Office will assign·.point'Values-1,0.,-,;,;:-:: application has been moderately·_ . ,. PHA is not admini.stering a Rental., ..... , ;,as shown below; :J ·'"·-•·' ;·-.,..:,,,t·,•. ·i;::�·�: ..:..:v::� ;_.. underfunded. An application.with a · .-' . Voucher or.R�tal Certificate Program, ... ·,···-.• ;5 poin�Assign·S.points if the·Ji:A/.: �-!'if" percentage of need served that ·is greater the HUD State or Area Office will ·rate . · documents' that it bas takeri -steps to·· ... :·.�:.:.-· �·� than one-third the allocation area's HA administration of . the Public -.. · . · increase area-wide housing· . : :. · , .. • .·-:··::· percentage but equal to or less than two-Housing FSS program. if applicable. All · opportunities for families such es being .. -�,·:·-· -·. thirds of the allocation area percentage activities rated under this criterion must a member of-an established consortium·:. • � . .--. . will be determined .to be moderately have been completed prior to the · · of HAs including at least so percent of.:.:.·::._; • · underfunded. . · submission of an application under this the HAs in its housing market, . · · .. , ·:· ·:-:-_.-. -! • 15 Points. Housing need in the NOF A. The score of the PHA · providing extra counseling to .families; . _;: ?-:: .primary area specified in the application must be reducP.d if the PHA establishing a relationship with other: -,';'.·· Application has been proportioMtely receivecl an FSS Incentive award of � . groups including non-profiragencics. or · · . .:'"' AV·_ Federal Register,/ VoL 59, No. 131 / Monday,. July 11, 1994 /·Notices · 35429· particip ating in other activities that Program. for its .Public Housing Program NOF A for more than the greater of 10 ' fa�ilitat� area-wide housing .. : . -� . or Indian H.ousing Program. : .... , .,. ·, percent of the, HA rent.abrouch.ers �-,." opportunities forjamilies ... , ..... :,:., .:. (0 The leasing rate forrental,vo_µch��. rental certificates �eneservation.or ·;· · . ·• O Poi��Assi� Q,po_��-U:��,HA, a.D,� rental ct,�cates under ACGJ9�-� , 50. uni�,':· ... -:.,,· .. :-._,�: .. · :,.,., , .. , .. ·. 1s�ble,to ciocument �-wtde efforts . least one y,eaus less .than 8� percent, or,. . (2) Mirumum funding Allowed. The-:i as sliowifin.ihis criterion.:···�-.'.-:·:.·. : '. in the� ,of.an HA not currently .... , .. ; . Hup State or Area, Qfflce/Nati.ve· , .. · :, .. ·, .. � •�c '.un;���p-tab/e'AppHca-;;;,��: ... .':;._: :·.· :: : administe�g a Rental Voucher o�;.:.:_.·;. ·;. American Pro_grams . .QffiD.l!�Y,JlOl,'.:;,;..)!:, .· · .••.... ,_,_., .. ., ... ,._,.,. �-::• ,. .. ,'.···:..i•-· n---·:. -�ntal Certip.cat,e;�.·the.,leasmg .. : :··appro .veJundingior.an l;IA·�der,tlii& .. ;[:� '. �(llA.��.r _t!i.e ��-a,l,e��!l!' day te��: .tale for all �!,s available for�QCCl,J.pan.cy;-· NOFA.;fodess. than 25 units,-unless:.;,.:,-:. ·:;:f;. . de¥.��cy-�?�.P��,C?�Jre��!. ��i{:i, ... �· the;���r J�dian.Housing_P.io�: -(�) Tly) HA �q�es� �v.:er _than_25 =, ,,·. :...-...,..,· .•. �on ry, Co�!)ns to D:ef.i��nt . :,, . 1s less l4an8& �rcenL (Fora State ot.-., .. �t� or .,, ·:· . ·-:· i:·-•.: ::-, .. � :--:. ,.�;._ . ·App���on�,. of !}lis N9FA), tli�;�U:i;>,.,. regi�nal -�-� Hl)D State ·or� . v. ,_, _ .. �l-'Qie_,es1dual �u�get_auµionty m ,;.-:. Stille, (?t:�a 9tµ�/N�µve,��can> .':-Office/N�tiv:� American �.Qffice .. ·_using the� order �g p��".-··· 0·,·· . Programs_ Office-will di�ppr:o� ffA,·· · :·. shall determine tbs HA '.s combined ... , . after funding higher rimked a pplications -��:�.:', .-f:,. �-• •'I.,:. .. .-:)·r,t"· · . ..:. · :1� !:"-­" -�J.:� � . 5' .. ·appliqatiOllS that it de�ermines 8J'!3.D�t, -� Jeas�g �ta f�r metropolitan and non-, . is �fficie�t to·fun� �l 1� 25 ll!lll_S;.,. acceptable for process� (refer tp. · .. metropolitanareas,.and sballuse the: · ·· or · ··-, . ,�:· ...... ·:-,, ..... ,,.; :,, ;., ···· . Section ill.(F)1 Checklist of Technical .:· . comliined rate:i,n determining.whether.:. .. (�) ·l'he.tot,al budget !uth_ority, .. ' ·-.. · Requirements, of this NOFA). '1)1.e Ht!D_: to acc�pt the applica�on·_\mder.�·. · _. ·: available to the_all�tion area���. State orA.rea-Offioe/Native·AmeriC!lll. .-_ �ph�)·-:,·.�:'�:· .. · .. ,·:.,. :.:,.:.,: lessthan-2�untts.·-.:,:·.-=:. ·.-: :·.:-.· · Pro� Qffice notification ofrerect,ion (g).l'lieHA.is iny_olv� in litig�tio!1: . (3) �undmg Procedure. The.HUD ·: -.. lef!.er m� $1,t� the basis for the:�·.,.-.:· . .""'-· and HUD_detetmin.es that the litigation State or Area Office m� deve�c;ip_� .. -..;, . ,-... :-.· .. �-.. I'.;· .. v.��-� .... ,. �; .. :� .1",""• decision,1. . .: . . . , . , · ·. , . . .· , : •:" _. m'ay seriously impede the ability .. of the �1;1I'8-for a�pr�val.9[ appliqltions : . (2.) A,pplications that fall into anJ. of..,, HA to a�stei:: an-additional .•. · _.. (mclu�g�P,pµcations �ted.br.-the._,-·::),,the follow i�g categories will.not�·<:·· .. increment-of rental vouchers orrental , Nativ�Amep.qan,PrQgra,ms Ofp�)for_.:,,: processed:,·: ·... .. . .-.. : . -., .... ; · -·-� certificates .. ::' :. ;·, · ·=. --.__: '.·· .. · :·.. ,·., .. e·ach allocation area Jn rank. order.�til·-.. � (a) The Departmeni o[ Jus�ice bas,: . , ·. . • ·. ··: .. ·, . . .. .... :-:· . ,. : all the housing assistance.budget:.· .. :., brought a civil �ghts suit against the · . , D,LA?ca1. ?°�emment Co!llmen� ' . . , authority Is used. Where a HUD.State or applicant HA, and $e suit is pending.. Section �13 Q_ftheHousing and , Area Office fundsapplicatio.ns-.. :.,-., •... , � j. · (bl . Th . ere has been an adjudication of CommunityDev�lopment Act_of 19Z.1 . according fo rank order for each . �,.;,. ! . ;·: · -'a civil rights violation in a civil action .' requin,s that_,HUD independently · ·:·. · :. allocation area •. only to.find it has some.,;'. ·.'_ · .· .=:�. :. brought against the HA by.a private .1.. , determine that theteis a'need'forthe · .. .-number of units left. but not enou gh to,.,. :· :--:::. �-."Indi�dual, .unless tlie l:fA � operalin:g�: · _ housing �s�ance-�uested 111 .-_.· .: · , .. � ·. fund th� next fundable,application in i�' · .:-· ... ·· · in compliance wi� a court c;irder ,·qr: . � appli�tion�; a.tid_s�liC;it aild consider.:�� .. e.ntirety-or;fot the mini.mum C?f 25 units�:,,_: . ,. ; ....�·, ... r: . _.:.; imple�en�g _a HUD appr_oved .. �i��l:1-�: .. com.men� relevant t«:> �s de�e�ti«:>1f .. that ·application.can� fund�� ��-the.'·.·:;!-., ,; .. �le_�ti� ;a.¥ 8:�ignµient.��-.ox:.,{�+��-�---�� �f! ��r ��-��.e,:.�m.cer, �f th!t\1;��ent' o[·the·n��r ·ot�ts av�l�}-'f:. :·· (: . , C?:'?.�P��!l��e�J .��s1_�_d.,to�;,;,;;. r•;:,: umt of gene� lqcal gov_e�en�.-J:h�J,: :· ;•· ·-�e-� Sta� or ,Area.Office may::·_,..·.-!'.:_ ... · �ect the areas �fnoncomphaJ?ce. .. :-."··::· -:HUD �tate'!��_Area Ofiic���!iv� : .. .-.�:-:·_:_: ', ·e�e� t.o app�ve �0,0 �-rc�n:t. 9f_th� �l:-5_ .. _.;:�.­�-:;-(c} ThereA!9-�U�qing findings ?�-�---A.tJ!encan P�ograms Office� obtain\ -::\-requested.mall app�catlons that.s<:0,;e.,·· ,'· :· I,_ ... nq_n�C?�p�ance .�J:h,':=i".iJ:!ish� -�i q·� :._ .,,: ;, Se:cti.on 213 c9-m.meri� from thf(unit of::� above· a-HUD State or Area Officf ··• ,; ,·. �: . :·· · statutes,. �ecutive .Orders; or . ·:.:, ·. :: . ;. general local government in accordance . detennin�d funding cut-off. up to the ·. >. �-_regulati9ns,asa resulto(formal::,·.:=:::: with24CFR.part791,subpart·.C,. �--> '.':_maximumnumber of.imitsall.owed.:· ; · .. · a�strative.proceedings., or th� .. ·.. Applications for Ho�g Assistance· in ·:; · . T he HUD State or Are� Offioe may: · .. - Secretary_has issued_a_charge againSt the . Areas Without Housing Assistance-.-.:-.:, .. elect.to.apprQve less than 100 percent_of applicant �q_er tjie Fair Housing Act,: . .. Plans. Comments s�mitted by the unit . , the uxµts requested in all .applications . �e� the -applicant is operating.under'. . of general local govermn'ent must be· · for each allocation area �t score above a concili ation or compliance agreement . · considered before an application can be a HUD State or (Uea Office-determined . design�d to�rrect theareasof?on-.... :, ap proved.·· .· • ·._, .. _·._.:· .... ,, ... ··. fundingcut-o�,up to themaxim� comfliance. : , . . .·. . . -�· For .purposes of expediting the: ·.. number of uruts allowed. ........... -.. ·(d HUD has denied applicat;ion ·.. , . . application process. the HA should. .. · If applications are to be funded at less· --� _., .:. . processing under Title V1 of the Ciyil .. : encourage the chief executive officer of · tha.u 100-percent of the units requested Rights Act of 1964, the Attorney :,·. · ·. ·.:-,.the �t of general local government to , . in� applications, the HUD State or General's Guidelines (28 CFR 50.3), and : submit a letter with the HA ·application· Area Office must either (i) approve the the._HUD Title V1 regulations (24 CFR _· commenting on the HA application in · · same percentage of the number of wtlts ...-· . .... ·.� . . :•1· ·:---: ·-�': . •• • .t .. · 1.8 ) and procedures (HUD Handboolc. accordance with Section 213. Si.nee . · · �quested in each application or (ii) 8040.1). or under section 504 of the HUD cannot approve an application divide approvable applications into twoRehabilitation Act of 1973 and HUD. until the 30-day comment period is or more categories, for·example, those regulations (24 CFR �.57). :. · . .. closed, the Se�tion 213 letter. .should not scoring over 80 points, and those . {e) Th� HA has senous unadd�, only co�ent on the application , but scoring between 50 and 80 points. . outstanding ln�ector General audit also state that HUD m ay consider the · -If the HUD Stata or Area Office elects findings, fair housing and equal letter to be the final comments and that to divide applications into two . opportunity monitoring review findings, no additional ·comments ·will be . categories, the HUD State or Area Office or HUD State or Area Office/Native -. forthcoming from the local unit of may choose to approve a different American Programs Office managem�t government. . · percentage for applications in each of· , review findings for one or more of its . . _ . . . · .. · · · · ...the two ranking categories so .that a . . ; Rental Voucher, Rental Certific:ate :-0r . . E. Fund in� Afpllcations . . higher percentage of units requested Moderate Rehabilitation .Programs. pr, in (1) Maximum Funding Allowed. The . would be approved for all applications .,the case of_an HA that is not currently HUD State or Area Office/Nativ.e in the higher category and a lower administering a Rental Voucher, Rental American Programs Office may not . , percentage of units requested would be · Certificat�. or Moderate Rehabilitation opprova funding for an HA under this approved for all applications in the . AS- ,··:-< '·:35430-,,·: t ····· .::. .. �:FederaJ·:Register.:t�VoJ;::59,.-No;:•.-131·.J:::Monday,.�July--11,:.·1994 f;Notices-· ·.,.· :· ·-·<··.;.-:;· .. · .. : ·· ··; • ·•·· j . I lower category;q'be , HUD S tate -0N'\rea · .. ·:-metropolitan areas when.it reallocates � ·. ·H. Administrative Fees ', .. · · ·:: · ··--·· ·., ·.• .. . ; · .. 'Office must approve the same:·:. ·;·-_. ·:., .. unu�d �dget authority among -..-:.,:··,. · . · , ·,'. ·., ._. .. · .. :·--. �-:. :·� .... : ·:'. .. _.: .. , .· ·percen tage of each appq_cation'within ,-: ·., allooation areas. U thennre not·enough · ··; ._0) The a�i�ti ve,f�s !�r,.-·,' · .. · . .. ., .. ::·., each of the two ranking categories-.·: . -�.-approvable appli ca tions:for the., :-·.: . . . maeme�t�l-�� m the _E'1_s�I Y��:, . , ... .._. ,;;.. ··( �ess tpere are in��cient funds to::' ... :.·designated me tropolitan;or non-_. ··. 11 .: :· • .l 994 _a�p�p�9:u.o�. � ��1�ed_ as �.: · � . . . ,.:,.-t: ·approve.the .mi�um 25 uni� If the. •· · ·,".metropolitan budg et.aul:ho rity ;the �UD · -follo�s. ·. ·: •· :·.:;·?:-; ..• .'·. =. :::f: .<>:::> · _ ·. · .': �-·· -: .:;.�_:,1WI)·Stat� -�·�·Offic;e-is·una�le·to;.:_;.-:.:-� State _ol'�a Olfice �ay �!.�:-.t!1e ��=:;;·::!···-::.-(a}-� .19� Jncreinf!'!f'�.J..(f ee.§.-.:;-;�:--',"' ,.;}:j"_ ·: .• :::_;;_-;, ".:•:,;:fund all .the:app�catlons for the r ::·.;::�:�:-.budget'allthority between a· ,r;.. ·.-:�./ '"'l."'':::� , . .tPii,vided by FY.1994.Appropriation);·' .. · :--.: .. t.::.;..,... � ., miriimum:ftinding allowed·in either: of):·� ::metropolftan and a·n on:metropolitan ·:.·,·+,;, ·�� ..... -.; . • .. � ··. .. ·.. : _; -:, : ; ·.,;. -; :-_:' ·:..: .:'.·",.;' . <:: .: : the .two,categories, the H� Sta �e. or.� f, ·:.� area.�itliin ·the same State-,prciyided ._;, . �: · ; : . .-�\ .. �: -:°: �:,:,:-: '.'f �:·:"� : Renti(� ·: �eri¥af :> ; ··���-:·-·, . .Are<! om� must �u0: the:apJ:>lica_bl�-:'·'.-that an 'offset.�g swit.cb can•.be.lJ!ad,e,!n ··::· , .. ··:.;�· .. ::: '.' .�' :';,::;:.<"·: ;���·.: ;1certffi--�:_:· ;:.·,-�·· =�:·:··::pereentage·factorm.the ·ca tegory fn .. • :-.'.� ::··anothe r State within the.HUDState.oi; ;: .. '. . .-· · ., .......... :·.� · ··--=; ... ;·· • .. ,er:s-,� .. ,:.,e:;ates · ·• . :·:��.. :· .. .-·: ··order t� ftiiid.all.�pjilications for tlie,:_:;�!l":'Area Offi¢e. Han offsetting �tchI!-Z.:(·�::;:· · .. ·,· �: �-. :.�.�-" ..... ·� · �'· ··� :, ::· ..... "··:·_::.:.-:-:.:of.· .. ... "5 . ( I 'th HA · '·-·· • · · ·.. ·· <i ,(1)0h-gotng _____ ·-, 8.2% ... ,.8.2%. · · · :: .::-::·t." ��.'"'! .'.�� .. un -��� ., 8;: .. ::�, v�:::;:cann�t be���� �d·��.m��?P-��i�.?r··:·�·12) Preliml�ry-�.:.'::�:..:'.: :.�·::·52�5·: ,:_',r$275'.:'-··;-/:-::,· ·. "'7:·:,P·�1,1e�diless:th.�:2,!>-�ts'.'!.r the ·t�t!l\ ;;":.no_n�me�prititan·amoUD�s;requ� ::;:-t:".�'.··i'f(3) Har�a·::.;f;;.= ... ��:,,.::.$45:· :::,-,::._.;_·$45\·:,:.-;=�:::�.,,, bud 0Atauthonty11vailabl 0tothe· "'" .-···-'L · · t ··tli '·;..d··· ··· · ·�th ·" · · · · · ·· ·· � · · ... ·• <..· •• • -.; •• ·/:.. • Qe"" : : ........ -. _ • �-. 1 ·:.::.,..��:��!1:-u..l,anges, o .�-,Ull '8.SSl�en �, _ e--..-���.�r::· . ..-. .-A :,; .•• y�,·· .. :., . ····=-:. ... ,�."' ,..,·.-� ... _�-'.;·-·!.-a:: .. � ... ___ • -;:.:i:--:: /.� •.. --;�.-J ·-allOC!ltiOn area··will.�d-lesscthaJI·25, ..... ,.::�·HUD:State br'.Area'Office must obtaln···,·.•�-0 !:"'·(bf·'IZV·."···· · ·-·,�i-..i .r-t•1.·,..;::b,; .-•. H,., ., •• ,..:_,c .... ,: .. � :.--.•·· .. � ..... :)·�·-·••,c,··,,·,,·,":,;· .,._,. �--:�·, ... ,.•. -•... ,,. � .· · .. , .. ,.;.::, . r�:19949P._t-OUtsru UC OUS1ng-f.;:.".·."-:-·,;·.,.· '. ·,., .i:--:. �is ·?'�··f -�· .� ... :-.::::L,,"-�· ,�"-�-·. _;-:-",;l�::f:·��·:;i:·thellpproval ·of'the-Budget Div1siqn:·,·::-_· ., ·r.nemolltion'(Re Iaceme'i1ts'and � --:�:--:., ;.'=0 ::'\�.>;.�'· ,·-=-��r-U an HA-apRlias .for a s�fic� ;;· ·1:·.�:.-, ..... -Office of Mana"""ni_ent and Policy··· 'Office···:.-.··,,. ,·. ,.:--'·s :P ,.... ··c·· " • _ -•. :�� ... _-.. : ·.:..� ·,� . ..:..::,. · · ·: · .... ,--(· .---·. --···1· · h. , ·-· p-:--� ·a1··. ·•. .. . . 0:-. · . . • . , . "•ne,otXJtion} edion· 23 01TVeI'S1dils: ·.--: :-�or: ··· .'· :.::-., .• , ....... P� 1-� ... renta �_ou� ��·0r.r�t .. ::··:;,...of Public arid Tndiah'Hoiising;·befote·"'· ... ·.·. ::-'.--: ··.·.·· ,, ,. ·· ·· • ··.-,�-::..i., ..• :...., : . .:.:;----.,:=-:;,.-r .. il.'-·f· , . -. ceru�catesl _and �ding .for �e ·· :,-. .= · -· switcbin·g budg et au thority beiw·een: a . .... . : .. -· ·. : . --.. .-. ··. . ·Rentai:· ''.Aeniaf· ·· · .,:.:":·. .:·_: ,speci.fie.d .P� .1s n!'.l! avai�ble 1;ll �e · · metropol.i� and a nOf!·rilett:�politan :.-:· ,· · · . .-:;;::. . ·· : vouch-.. · ·. Certift-• : ·• � .. . .•. metropolitan area or non-metropoli tan � .. area·. · . .-,.... · ,.,., . ,, ·., ...... · ·· ·. · ..... _.,. ... , . ··-, -·. . . ·; · ··ers .·-· .. cates · · -:, ·.· .:cllocatibnarea_·;theHUDSta t e or Area:·: .... (4)·A,,.: .. 1:-;,·H ·.·:d-:·.{_3.:,•'·.:p:··_: -.. �-··�:. ,:·_. ··.'. .· ::. ':· "t · · ·· reques JOr ea quaners· · · · · · ·· .. · ·, · ·-· · -.. · · · -. ·'·� · .. ·-···<9ffice will awa rd the available form o f ,.. . . . al f , · all . -.thin . · = .:-... • (1) 0� ·-··.-·--·-::.; · __ 6.�% .:. J.65%: ·. · �.-,.-·· ·'' ·assistanc;e;even though not specifically' app ??V O a re OC8!iOD 1:4"1 . Or,. "{2) Preliminary .:.�---··-;-· ·.: �15• ·',-$250 : ..-� •· !·. reque_sted by the applicant. . . . _ . _. : between States must exp la� the·�s�>ns 13) Hard-to-House ___ .:... . .. $45 : . . S45 . . : . .·._ .. : :-..,The HUD State orArea·Offi�-must · ... · .that funds cannot be used m the onginal _ .. _, ... _ _.. .-.. , .. , ... � .... .. .. . ..·. ·.=·: · .. . /.' : promptly notify'tlie applicable Native;·:·.:.· state'. .�e IUI!Oun�. be�g ��dra� _from.:<. (t)-Ren�·w'ai�f Rental Vou0che� anc:1-L�. :--' .;r I ·-r Am' .• • Pro' •• • ·om fo cli .... the ·ono•nal State the proOTRrn type 'and . R' 't ·1 ee· ... ,ifi ...•... , ,. ,· ; .;. , .... -� .-··.;!-.:· 1 . . . encan grams ca.. r ea :·. �· . .:.:-· . . o--. ·· . . • · . .. · o-� • �.-•.• .-0 • en a , u cotes:.··.':.:,.._: .. -.�·: /:;,,�a·�·..,.._.�· •. ,e· ...... ·. · allocation· area as to'the·statlrs·of any ..... .,_ .. the metropolitan/non-met:ropolit an.JIUX,:.-.-· ·,! ., ·-�.-· .. --� -. · ;-..:..:.' ' • ..,.; i: :: : ·! .-•• • ..• � ... . ,' ;·:·,;:..=',,� · ·· u' ·u ' · -·.c.....·-·tu ;. . .:: a= ·r .a· ,�··-:-":·and the amount to be.reallocated, These.'r ·· ···.: ;�;-, 'f. ·-',. ,:. '; ,;;; · ·,· . .,:R·ental-. ·, A ..,�, �;·-;;-";'.'{-!C·.· :,. ,app ca "Onsuum'u.in..:,an ,1 . .;,,·...,_t, ............. , , · " .• · · • · .� ............. ,,,, ..... ..,., ._,_.,.,. .... , .•. -;: •·' e .......... ,.+"ll,:l . ·;, •: .. ·, ·app· licah}e ':tbe-amounf of budget··,;.::.:,; . ., .:, reguests IDU$t be submitted·to :.:;-.;: :.:: }i • ;:...� . ;'··; ·.,·: �;-.-?JJ',�: :�:;;;.7;:C,·' tvouch-, .. �: ce,tifl:. .... , ::.•(�'.·. =· ".;:.·J -'.::.. :-..... �·. ·, -· · •• : .... _. .... :;,:.Head uarters ATTENTION··Bud et.;.;;.��;_:-�-:\-;' 0-:::·r::�::.:·-�s,.,', :t"i·ei.s :i� :.';cates �:7-·'.fcF-r :r !!':'.:···:-··-:·:·--,au_tho!ll1.t_ o.b:t3-�da1available:for.JHA;-,,J,> . ..-Di·•. -: � ·--.-r,t,,··(_ -�·· . -,..-·� .. , • .; .. n--.��-=c,! ·a·�;. ·,, • .,_IA-,�.!..:;_j. � ... -,;.s�.µ '""-'·-···'"'" . ..,....,_, ,. _ ·, .\.,.�1 . -... · '·' ·,-·!··-... ·1�:.:.:.: .. �'L. ,.. ·• ···' • ·"' t'-ci,i.'·;,l,"'�-• · •· • .i·,: v1SJon .. Omce of Management an --J�r= .. _, . � ·,...,.,,..._ J·m,,�r.. � .,,.., •. ,...-:, -G..-;i_.., � ••• ..., ... .,,.,.., , r,�:-,·.'1-:,..app, WG�!��!WWere� e .. :�.!6'-'-:!�':.:'-:p .. \>·••· '. 0· "m· . ., ... .,.. �f" .,:,:'tb:.t,.,,._, .d-,. ··d':-• '> ": ·���'t'!--:'(1) �ling·-<-,,Hi:::'-''1":".-:.� !�it,5%' .�!7:65%,:� .I . • .• · >:. ··', � ' �-t;.�;.,;." · ·�.'· .. �,.,_ .. ''1,· -1'": .'�-T ,.. Oucy · C8 0 .r u ,uc-an Jn JBD,;Jp�·,, w ...,,_-.,v . ••:,:;-�,::,:-:�--; :"f/'".,___;__ , ••. �,-·. •. ,,..?-' ... , .,., •.• • .. '.'---�v .. -enou . u ,.....,,LV8.U11JIJ..U]�----:·�,<,,;: ·�--,· --.: .. ; '· .. !, . . . ..... -. , ••. ·-···· ... ' . .,. ·· ..... -,�-.C·, (2) Prel'1·m1nan,.'.:'a-..S-·.'·"· •. -·--=so· <r::"'-l"'$0'•:."' ·. · 1 ••• {. J., -·· ., .. :41, ......... , ............. ,-0·· .......... , .. -..... ·. • • ....... , ..... l:"" -� ..• _,: .. ---•• �.-...... ,,..,..,_ �--. •.·.,.L\:-J r•·-:.,,:·:� �.-�-�· ... fi'i\�·?},�,.�·r...r.!'f�·· :-.!��.-;(-;'.l -i�·:..;1.�;-..;;,_:H o�smg) r.�r. app rRV�li��::.-!; >f.•.�:!'-t..-i:•--f..•f..!(3) �fu;iious. r::r,.;: .. :..1 {l;)�fs.45·-__ , .�.;. ·w��-: .·-� '··.t:':'.:· ;:.�,-':"r,.-R�lt;i'!:.aJ;iQnS ofFuiids . ..:z' -;._; .. :{r bJ-;":'-��f'·. r· J :0( �·: ; • ; :·;,;:.,:, ;, •• ,. 0-·,>:.. ·.-:�:_:,.,·,-·; -:·:::,: '),��� �· . . .. . .a··�:'·-. -;::�·-�. . ·-:-.� :, . �.>:· .. �i ,-t· •.• . ... , ":..-,.,.:.:_;·. ,·.._,-•-•· .• ·.·,;;."'>.-��-··�·!·'::·.-¥ -,..'\""·"·' ,�-'.!. G· ·uo l"ation O 'C'u nds!'A.,,,,,.ded ··� .. r.;.).,., ...• , ... .....--·. -.�-· �.,. """•' · ·-·· '• · '.·' .. .• ·!,, � ·�,· ,.-•.. , ............. ,.-= � .. .• .. .• · �-,� .,-·'"i "1 .r:1.•> nn....,, .. _, •·-�·· .• � ....... #•·--'·•,.-..--'�-,.zw., ... ,..-...; ... 'lr,;, .••• -·.,.·=--·� ....... ,. -··· ,., , .• ,.,,!·.Eaclfl-ltJD Statebx:.:Area'O.fJ'ice'mnst·�_.,,,, ... ·."'.""� , ........ ,0--...'t,.._ •. , ... ,, .. ·:-;,_,:,·, ,� ... -,,.-,..,:!,r:,··'' �--"':., -, -'"'':..:,.-.-.. ·�. ·"' .,,,,..,<,-T-'Vf�-�,..,,u_.,,.;..·;,e i-·'S:� ·-,·-:::.,:;·..; .. ,. ·. -· ... · ... , ·, ·.,;;· .. ·· -":•··-'-•:· ,, �'-·::•L ...... -.,.···v·�-·:··�-�·c2)For budget"preriaratiori-·.•i,1•:.:-.;,_. _:.,:· .• i-Ji"":.;. ···-�·-· . �m_ake-every.-reasonahle effort·.!o use all•·•.-:;;, '(l}After the HUD.State.or Area =::-·'..'"·.:.· • ·b .,. '.1. -·r·.-.. .·.<l:u··--M .,.!(,;s;::;, .. ;,:-:;;,;;;,,,_:,;>,.:...t'!·p·_'· . ". · "�· • • · · · ' · · .. · · ' ,.. Offi b · , d d · --. · SU DllSSlOD ·O reqws1 ODS :anu . · :•, --• · · ·. · '-·-:· _._ ·· .. �: e'!"�ilable �ds: It �a_y be ne ce.ssary, ::.:,--. . ces . �v� re"'.1ewe .• rate ,and'.�:· .. • ·f··.approvirig·year-imd ·opeiating..:• ... fwl�•:•i:-··, .. • .. ;:,;·· ·· ·. , .. however;to realloc4te funds from one ·. . ranked appli_cati,ons,-and the HUD State 1'· • tat · ts HA.·· b''ld -· , ·th·· .M: .:_\.: : :: _-:· ··.:r��, · HUD s Offi · th -... ""-Offi d N . ..,-··-· s am en , s s ou use . e = .. , . ·-r.·•··�· .. tete or Are� . ce tci"ano er ....... ·. or n.n,a ces an ative Amencan · .,.�. 2 1994 N ti Plli �--., ... ,,_.:..-:--:····, -.�· .. ·.-;? ·: �hen the funds are not likely to� used Pragram_�Officeshave approved the .,_ _ _-_·� ·Admi ··:�ti c_e °F · 'R .... ,�,., ___ ··tsi·.:::-:-:::: :•··, t,...··10 the HUD State or-Area Office to · applications, each HUD State or Area··. :: • . .m ve ee eqwreme� . or. _ .. · :;-,.�, . which they were initially assi e d."In . Office and each N ative Ameri can·_-.-.-.. . .the �ection 8 Rental -youcher �d ReJ?t.al .. ,.: :'":_,;:•·b th � 11 · gnd · Pro Offi b • . · ·: Certificate Programs to dete rmme the .. ·. ,-= ·· -·'·. sue cases; e ,o owmg proce ures ·. ·. grams ce must su mil to '. :·.;: { .. ;. . ' -: .. -· . · · ... �, .•.·.:. •.=-:�,.. ·. shall be followed: : ·.:.:-" ;, ·.,.:, ::···::·:· : · . .-Headquarters a list of all approved . :.: ble�ded �ta foi: a,ll ren�J.v'?u�e:,?r .. ·· �.-:.:, :·<;s,..( )R alr ti W'th' th·'s · 0 • li ·· ·..,.h · li · al .--rentalcerufica temcrementsfor agiven,-�.'·--1·�,-: .--1 e ,_oca ons. 1 __ in e ame1 · ; a.PP. catio':1-5-�-eapp ca .ti'?n_.appr?v .•._.;HA >;::".:·:;:.-::··::· .. ,,.:':·�-1�·,�::.'".�:·:::·:::::_A·,·:�;;.,'�State. If the allocation of funds to a HUD. list-is-due mHeadquarters .. : ·· .. · ··.· .. .-.:::-.� .... ;,;, .. ,,:-::;=-.;�.-·· ·-·-��--.;i·;,.,,..-,·� �=:'1:,:.:,.:-•. ,. .. ., ;�.·:,,State or Area Office·cannot be ·awarded < (A'ITENTION:-Rental Assistance :. -� i· · ... :._, i.°He�dqu.ar.ters:Res erve:•.;-:: ·.'!... ·=:.,· ,: .·.,. :::: ·-��-,: ':,;�;within the office jurisdicti on during ··: '·:·. Division: Office of Public and Ind ian . ·. : ... :.: :.�·,.··.'-;; · · ·, :,!"1-..-._ •• ,.: ..• '.�:: -l. :'w, ·:: .;� •. i:; .. · ;,;.·:· : ', ·_. · '·::· ·::'�.'.,Fiscal Year 1994, Headquarte rs will : · Housillg) on tlie tenth worki�g day· · · ..:.·-> 1}ie Departme nt is ret��-� � ·? .. ,.�.-:····:, <!}:­reall�te ,those funds to anotb�r HUD. , · , .follo�g the date set by Headquarte� ;: �-1:{�d�����:�eserve app��ma!ely ;:: · :: -:··";:·\State or Area Offiarin the sarne-S�te .:,, :: for completion .ofapplicatio n-rankin·g • � S.l?J:3 mJA!c;:,n ,of th!! �1.0.b�lli�n-.of-: ·,-;. ·:: ·. , · \'?-'�.. where they can be µsed .dur:ing _Fi�:::, , � . and .sal.ectipns.;..,-·•: �·-· �-� _ � .... :-:�·-:' ,._ /· . -� ; budg�t. 11ut l).�tj�y.. �y¢1abla. f�r: aV�tJ?Ib:=!'�.:�7�:.Year·1994_.. · ::: : · -· .. : -. :_ ·: ·;.:-: ::: .; . · � .:....r-!'{2) 11te Offices·'must provide the. · ·. : by formula for �ntal.:11o��ers·an�:•.:·: ·:;:-::,.:; ,ii;� ..... ;.. ; . · (2) Reqlloc";tions Betw_��n:Stotes. lf:�:-:..:.following·Ulfomiation·for each�· · ., , ,. :�-. rental certi.fica t�: 'Fun�� ��: ;_.,:�·f, �· : : ,�.-: �,· . . : :HUD·St �te or.�·Df:Bce <::3i:mot:u�:..·:, .. '-applica tlon -appr oved:�:· .. ;.:-;.;' .. ···. :· .:-. ,Head qum.,� R�rve wi�.�ot .be . ·,.::,·-::�,)[-'. � -,..:.;'f.· funds.within'tha same State,,···:· .. -.·:··:.-·.'• : ··· , , ··· · .. · ··· .. · · · ·. ·-.. ·. -allocated by,fonnula because thes,e .,,:.--:�:;� , ·_;��-: -Headq uarters will reallocate those funds · (a) The _n�e and a_d�� of th�.�! . · ·· funds,will be used in cpililecti on -�-.� ;; ... .:-:,;;to another H UD State or Area Office for . . (b) The proiect number, �d �e -, .. natur.il di5;8sters, litigatio�_ •. -._-· :: .. · .. ,_;:. -:�use in a Sta te wh�re they can be used . . n!lIDbe� of rental vou�hers and��-.··:. · desegregation, �d oth�r �ou�mg ·. �-Y •• • • ·-.� during Fiscal Year 1994. . . . , · .num�er of re�tal . cartificates, as . ..emergencies, consistent with 24 CFR· . . ... . · :f'(3) Reallocations Be�n · · .. , · applicable, approved for .the HA; and 791.407. Headquarters will notify.HAs ........ _.Metropolitan and Non•metropolitan ·· (c) The amount of contract autho rity when ·they are ellgible.10.receive; ·;. :._-· ·_ -·.-..Areas. The HUD.State or Area Office and budget authority, stated separately . · assistance from th e Headquarters,·,.. . must follow the original 'fund ·for rental vouchers and rental ·Reserve and may invite the HAs to •...assignments for metropoH1un and non-certificates. .submit applications . • " . :=·· ·· ,L} t .... . . . .. , ... , · , · Federal Register / VoT.-59, · Nci:" 131· ·1 · Mond�y. July 11, ·:1994 ./.:�otices : C 35"431 _ J. Other Allocations ·. . . . will be approved"on a first-come, first· . (Approximately.2,200 units and $77.4 ·. "':,-In addition to the budget authm,ity fo r serye� �a sis . HUD State or ·Area Offic� · . m��io_n .in b�dge!. �u�ority.) ... · :-, . · :-�-· : "fair share" rental vouciiers an� rental . �ust �elude al�.data necessary to . : •.:: : . (lOfV�tenins· Affairs·su=·:·, cirtiv�;--�·:'·'·:.=.' ':·� certificat�s; �dditi_onal budg�t au�°?rit)'.· _ det.enn�e the �ount_ �f fun� req��. -Housing: ... :Na�on�. epniJtition'./'.'. ::�(:�, · ; · · (incl uding aiITyover budget authonty)l s .(Approx:unately 374 units and.S�:4·, ·: · ·.-.. ·· .... _,-.. .. . : ..• · ... ·+·•·· ·:-.. .,_.. . . f, · · available for allocati on in Fiscal Ye�. ·mil�_on "i.1_1 b�d�et auth��ty.) · ·: ·;.:·: :--·:: .. · ·· .. !feadq���rs wi ll all<?CBte:�ding ··ed ._..· .• r·· . 994 r. · tal · ·· h · d tal . · , .· · . , .... · � · ·.·. . under this.Joint effort between.HUD an _.. ·:·. 1 . ,orren vouc ers� ren : · ..... !4)_�!;-!o.,u���n�!i�tf��:�··',,.:�:.:-,\·.-.-:..theDepartment:of.Veterans ·-��t-�;t. :.:�· cert:ificatesfor.thefollowmg purposes, ·· ... · ....... · ...... --: ... ,·£.,·f-'1: ..• ·':-:-.. �'·'!',)'• .,,-1 , ... h .. a} ch' . . ·a.:'.l .. .. · • ·· •�,, ......... c._ ,-..;·.,,.. ... ;�': :.:.;·, . • :.,.-s :-..z.,:·. ·:-·: Headquarters·wtl l aliocate Rental·.� •. ,·." w. �reb y:,rent .vou ers � P��Vl l:U to.: f... (1),�!31�µ,�,_Dem�litipn �d ·. · :·· -� · ·:.:�.'(:ertificate·J>rogram cosf ame.ndments to� :·�·�S1S�·�2µieless Yeterans.to �btain..;re_ntal I"·. D1sp.o.s11:i«;>n.(HQPE I, Il, S�?n �(h), :.-.-,-:provide budget.authority in�ases to., ·,i., -hous�g after ;ih�Y have z:ece1ve_4r.: :,.,,:� :;.: :t.-� .s��n :�� .. e� f.!��!10 ,Re;'.�tali��Qn);:. ;. ·)iA renta l ce�cate-programs. -·.:. · , .� ·. · : ··trea�ent ��-a Vete�� Aff� (VA) ·:. . �'=�: Headq���� will allocate �!15_.:,.·.� ·'. ·.:.Headq�ers wi.11-��� �e.fwids on,.· ��<:al,fa_c=!}Jty._�UD is·�n�u�g .a,.;-·.·. \:· .... · direc_�y :t!? -��.1:fl.JP ��at� �r:AI:a ·,'.: � · --: · ·. an: as ��ded l?.as�s .. (App�oximately :,i, ·,, -. na�o.�. c.c.?��.�-�on.:"Th�P,:1���f�! · · -\'-:., · Q_ffices t9 a ss1st;families liy:u�g µrp�blic . $289.6 million in budget. authority.}:··< · be pu��hed m.� N':)F�. ,-.,-· .: ,:·. ,-.1 ... •· · .. . · : bou .�ing p�jects ·t,bat are being .,, .. ,7 .. ·.i _-·. · · . · : . ··. · .. ·,,;i!�:'�-:: ·:.,: .. •.-:-r-.�:. -.. :·· .. l'\Pl?ro?';1Dlat�ly .i�o uru\5 and Sl�:3.5r. ·.-· ..··: '. d em olished or disp·o·s·e d wi· "th HUD._._ ..... ·-_(S) HP .. P or:tability Fees,-., :.,. .. · .. -,�.-.,. . ·million m budget authontv.) '::"'"1, :·.1.;;:,.::·., • ••, • • • l ••..,.•,• .,, "l �--J°"TI_.,.�----• . _,..,.._. •,• '•,.. -� .. .;� -.,-· --�-., � ::::· .app'roval;' to:provide;replacement· /t, ·�. :\. H;aaq�e�·�il :ltlib�t�· thes 'e ·�& . (12)'DI�tef Flfudin�g fo;:N'ortl:irlilg�;�:,:-,-.. :�;· housi_ri.g i# c:9nnei;tion with" Secf.ion:1a, ·-� to-pay special preliminary fees to.HAs :· ... :CA Eartliquake"-:><:;:·:·:':":=-�-:�·.:.:.,_:: 1;.';·.-... h.-. :/ ··, ,, · Urban Revitalization;HOPE I or Sectfon. under Renial'vciucher and Rental · -. .., :,. · �· :· 'H ____ .d. · 0:.:�·.-.::, ... a1··1·;-.,:··t-,.._� • 1:.:::.'di:-;-:.">:1.rr· ••· .• ;�. •. •• •' (h). · · • ·· • ·• 1 · • · · , .. · · · • · · · •· · ea qua., .ers oca e,"-,wi ng· om a · 5 acti'V1ties: or re ocation assistance . ··certificate Program portability·, .,.:,:.. -.··· · · l ·· tal ·· ·-· · ·ti· fr. ··-,., · t r. ·u· ..'rt ct db HQPEI HOPEII . . h .. :'·d· ·· .. supp emen .appropna on om.,, ..... . o ,anu es 1:1.ue e y , . , provis1ons .. T e Department issue a .... · :,,Co · ·r. · · tal. rti. ·fi t. · to . • -··1 d ·s · · · (h) , • · · · . . ngress 1.or .ren ce ca es ass1s an ection.5 activtties; or assistance ·HUD Notice PIH·92-14 (PHA) dated ·· .· · 1 ·' ··· ·f · ill' · h · · · ···. · · ·:._1.. · r. 'li -tt db . . . . •. _ very. ow-mcome am e s w o-:were :· ··: ,_. to non -p,:'.l'1-'!"'��g 1!1JIU es a.,iecte y .... :. Apn� �2; 1�92, that descnbes .. :, . :· .• · I-.: �-. involuntarif . dis' laced .froni.tli'eir .;-·�·�. ;,. .-.t{OPE Il activities. HUD State or Area · ·: adm1D1strative proceaures for requesting h · ·· ,. Y .. l.tP-f th N rthri. ·d· · ··. Offi .IN .ti' ·Am· p om· . . . · . omesasaresu o e o ge ,.-.. . ce � ve . en can �gr:ams �. �e sp�al pre_limmary fees. These _.. ... . e arthquake in the tos Angel�s area . .'."; -· �uests for funding under this category funds will be allocated to ';he HAs 9n a.� "(Approximately l5,000 units and.$200 . will be approved on a first-come, first-first-come, first-served basis. . : .·. , . . ·w · b d t th ·t ) . · ·· -· · . db · aft tifi ti b HUD · ·· . mi on m u ge au on y. -·,!•··· , A•, •.••·•·=;;. serve . as!s. �r no . ca �n Y • . (Appr�ximately. $6 �Jti.l��n ·� b_�dge.t :···. , · -·,. · ·. : -..·.: ... :� . ., ..... :., .-:�--.;·.:::,{ . .'.:-:; .· .:_ .· · >. that� �ppli���n ��r_public h��1ng ·· -autl;ionty,) ·_. .;,; _:.-:,;·;'. ::,:a��,;··-::·,.:,.-:!:;.::: "lll. -���� �.A:PPli�tio�.:.,.J::'.:::·:·�-· .· 1,_.. .. demolition ori:lispos1tion,Sectionl8,·: · ... � .· : · ·. · _, .. f.��.::_-··/.·�= Su1:im1SS1onRequirements�·.:.-.·:�·.�.:-,:_5 ·, .. :· --'-: Urban Revitalization; HOPE I, HOPE II, (6_) Litigati on·:· '·:, :: ;:�.-.·::• ,!··. �:: · .. ·: __ :; .,_ ' . ,·.�::·;.·;·,:-:�� .. h· ,,._,.-:;-:·,.·�·'"!,--:-.:c;_':'.;')"�i;..=;:.:'(:-:.:; ::: � .... · or ·s·e·cti·on S(h' w· as·approved. HUD · . � .. ·· ·"' •· ·:·· .. ·,. � , .. _. .;_�· ... ,��..,.�:····, ,·,,.._:;·· ,,-./ ;,4 .. 0btamJng A,P.pl,cation Mqter,cu,st,.·:,,·,7 .. ,,,. !:.. . . ., · · . ·· ···.Headquarters will allo cate..fuiid.ing to. ,_. ·. · .. :·-.\F'·· � ',,.._. .. ·= ..,. .•• -'!--·• :-,�·, :·-·,·:"·.' :�:.:-�:' • •. ·• � " State or ·Area·Office/Native American .-.. ; .. · th · · ... � ··d···· ·d ,···· · · ·t1 · · · • · .A· :-.An"/\pplication'Kit,,whicl:nncludes,�:. .. £:'.{':·· �. . . . . , . . . . ,. meet e anticipate nee s m set ement.. -r: .....:.-.UTrn .52,.5 c.,,,.;,. ,,_.:.ti · ... 0��--""',!'., ·::-if·.' . PI'.O�-Q��.re�1,1e�ts .�bo�d:in<:.�Mt.�:o(liti atipn.:(A ···roxiriiaje1-·1;312.unlts'�;<\ o����·'-· 1�·i�t>P� ?1;1�����'.-i.?..�;,j}�:·. · · al� .�.a�; P.!'t;tin�nt to:.cle���g -�-e-�:;,�. x �d.J3.8 . .milli��-'$'oildge[autli"dnij:l ,:?,;,,�tmg·!io�µig;<��Y,�.P�t81D�� .!t�i�1:�-· .. · eligib11itr"Of.the ·!'84UesHor fw:idin g '-:-·1 .·�-: ,,· ., . _ -�·, � •. 1 .. ,:,.., ,-,, ··:; ··.: � .. : •. ,:, • .-.:-. ,;:,, ... � ·.::-: the local lfl,10_ Sta����:.A.rea Office/�-;:J;';:t-��·:·.· j·. : . under .. lh:e· iippropriate p rogr:am and thf\�· pl �o_vjng �o �PP��fy;·t�S!!f-{��·�� :. Nati�� ��ri.��?�s· �.fJ:ic���J:.J {�/­·f.,. ·amgtin�. �f.ftw�.�1,lired; �epl!!,�men� -!· ,,Q.1:i;n.pr;SH!�.on.,,.�aµ_q:g!i,l�mp.e���;:.,;_-(Except1�-p�vide.cl f�r ,Iiidian:�ou��� :,: . : : ��=-• ho using ·asslsta.nce will be ·provid� in.: -�-·. ·.,H· · ·d·., ·art· ·.. �: 0:11. �,1-.7:..t ... :L'::·din": ·· ·· -1'-" · ;' �Au.thon��· J.?·Section·m(B), $ubm1tting ·; ·· .. -,,:.. . . ,., . ch. .-.. e a qu ers wi c:1.1 oca e ,wi g o .. · A li ti" fthi NOFA· I •· ·· · ·· �·:.. the form ofS-year rental VQU er or . . · . . . · . . ·· · ··. · · ... ·�.: I:>�. ?8 .. ��s;..� . s ....... ,�on.-y �.�. ·: .,· ·.· ·11:· -rental certificate fundin g · _. -· .. assiSl (anuli� w:itp �b).!�n to. m�y�_ .---"�.: ongmal apphcation=and ·one copy<,-:.�>--�· ·� f·:_.: (Approximately 2 988-UDits �d $99.85 2-:.: o�t of.are_a�.wi�hi�_conc�.ii�ti,�� .. �!..::·:_sb«;>uld be·submitted;''i.Fis·not'nece"s's�·_-.. ' .·•. ':.',. million in bud et�authorit :) . · · . persons li�g m pov�rty tliio�gh<:·· ,._. ··: to subniit adiiitt·ona.I·copies·ofthe:�·.:t·;_:.;..,., · , . ·;>... • 8 . Y . , contracts.with nonprofit orgamzati ons. u·cau·· ... )·1n ddiu· ·-th· 1.:�·A···:·-.... --.. �·.,• · , · . . . , a Ou. a on, e ucs:.lC ., .. .. . f� . ,. (2) �ental -Voucber SI_1d Rental . -. Ap�roprjat,ions were .provided for rental a��Ucailci ri and other required.-.:°.!· i/t: · .= : .l · Certificate Rene.wals · · ·. · · -certi�cates and renta� v9�<:h,�rs to.�. : .: ; . sub miss ions are available from 'the HUD · . ( Headquarters will ·a11ocate funds· .. · · u �ed 111 a de 11;1on��or1: llinite� .t� .�1u_es.::: State or .Area Office, as follows_:1Fonn ·.:, ·· i.. directly.to the HUD State or .Area .. -· .. :.. with P?P�la��!l-5 oyer .. 3s o...,opo.in -·•· .• \.:_.:� -:ffUD..:52515; Certification for a Dnlg�-.� .. � · Offices/Native ,American Programs · .-. · �etrop�litan area,s �f OVftL1,�P9.'.P_0g; :.,:. .. · Free Workplace:-Text for the ·::::,_:•: -:"r · .-. ·:-�1:;: · o_ffices for �e· renewal of re_ ntal ·vouclie i ·;.P0�u lation. Ht.rr?.·�1.c�n�u � �.:·./,,.:.::._,.�-_'.Certification Regarding-Lo�by1n_' g·; and··,.-.. _ · ... :. :;:-and rental certificate. funding . . : .. _. .. ''. · n!3tio_nal. comp�!,iti�n. fo_r Se.�on. �; . ., .. .-a�··· Standard Form W.� Disclosure-�£: ;-. ; ·' in .cre.ments expirlngiri.Fiscal Year)994 .... �ding .. The.ffiten�-�P:.be.pub�sbe_d._. ... _. Lobbying·Activi�es.:< · � .··:,·· '·-. :.Renewal funding will be provided in-. .. in a NOF A. (Approximately 4,364 umts ... _. · . . . . , · . . . .. · . . , . kind (i.e., rental voucher funding for · �d $164 million in budg�t autho;ity.) _ .. B . Subm1.tting. A�phcations . � . expiring �n� vouch�r increme�t�. and · (8) F�ily Unificatiori"Demonstratiop.:.....: . : Hf. applicatil?n� must be re ceiv.ed in .re ntal certificate funding for expmng : ·.·National Comp etition··:' ···:.�·:f .= ·. -: .·_--:·:·:the� State or Area Office/N ative . :.·, rental certificate increments).· .. _: . : · ··· · . · . . ·-: · · · , r · • Amencan Programs Offic;e by 3:00 p.m. "'I_'· · (Approximately 177,000 units and $4.7 , He adquart ers will allocate funding to;.· local time (i.e .. the time at the office . : ·' ·;/ : billion in budget auth ority.) _ ·· .. :· · ,· : · ass�st families·�th chi!��-for w�o� , wbe� the application is to be ..... ·· ---� {J) S ':· .,, ···· c"·· · ··· ... • · ·:: . :-the lack ofadequate shelter 1s a primary· .. submitted) on August 25, 1994 .... . �-·: . action .23. onversio_ns .. ·. . . : · ·. factor which·would result in the · · .-· -. .The Native A:merican Programs Office.... Headquarters wil l allocate rental imminent place ment of the family's ' ·· ·. is the :place of official receipt for IHA . ,. · certificate funds directly to the HUD child, or children. in out-6£-home··care · applications. Ap IHA also must submit, State or.Area qrnces for tenant-based . or delay in the discharge of the child, or .at the same time, a copy of its·.-·. rental assistance to residents of Section · children, to the family from out-of-home application to the HUD State or Area ·. 23 leased housing for which leases a.re : care. HUD will conduct a national , ·.: Off ice that has jurisdiction over the · · expiring. HUD State or Asea Office competition for Section 8 funding. The portion of the State in which the lHA isrequests for funding under· this category criteria will be published in a NOF A. located: HUD State or Area Offices/· · /I? 35432" Federal Register-/ Vol. 59, No. 131· ·/ .Monday, July llr 1994-i ·N�ti-ces . Native American Programs Offices wfil · .. (�) HAs shall.submit only one : workplace requirements in accordaoce be responsible fornotifyingtheirHAs of application (Form lit.JD-52.515) for an · with 24 CFR part 24;subpart y;:._; .· · ..the exactaddressandroq�number·.:;··�-··allocationarea.Hbothrentalvouchers · · ····,-· '-. ,·· -.-· .·· ·· -;-,-. · · . · ,where;applications ai::e to be submitted .. ·. and rental certificates are requ�sted on · E. �?.c�o_� �egardmg !-"!'bying--,-. . Copies �mit_ted via facsimillli (FAX) ,.-the·5:'-1°� app�catinn:·�en_ the _. . ·. · _ .... · · :.Section 3'19 of th� o�i-ofthe · · _.-. .:.. �s:��--�����.�-��?.:��:.-���·�----·!�=��D';-J�;�;::.���=L-' :� lnt¢o�Approp�i_�ti�A�.Publi�;;�:-.• ; ·· -. . . . PI°�", .. · g.:�·�"t.-:;·;,:-1-· �:;·,:---�"� ., .:::•1• ·:.''·· �.... d ·r,· th R tal. .. . ... : . ,101-'121, anproved Octobei-23.-198�,--·., .•.. ·; _;·· .. ··.· .-----· ..... · .. ·,·-.·······"&''!-"'an one ore en ·,, .·: · ,:.r · ·.·,· . : :_ ( ·. C.. -���-... •'°;,:L:;>··: .. '; ,�· ,·.�. --'.-�."?.,i;�'"; �,::: ... Certi.fica te Program. The.total n�ber of · · _(31 U.S.C:}�52} .<�.Bpd. ��t)-' =Ji··-. . , ... (1) Application:s must�' �u bmitte�:to ·� .units _appliei:l for-may_n�t excee4 �.� t�!I . gent;rally p��lum_ts redcl pienffroms of fede�--. . :.· :. · the !ocal :1fOP ��te or,.Area Offi':9' �-;. ·,.:, perc_ent o! so�uajt Umitati�n.": ··.'-' ,· .::·.,:. · �tra�, �ts , an Q&nS... ��: .:,-,:: .. �Nativa.Ainencan Prpgrams O�i;e an · ·.·_: ·. : _{5) �onal and State-wide H.As may.: .. ·t'pp�p�atei:l �.� .f�Job�g,-� ... : .. ,.:· · .... ·,:__ Form--_HOD;:52515 in. accordance wi� -:";�·;isubniit" one ,i>p�cation for' each:.:=·::·"":� _....,,: Ex�tive �� ��tiy!t Bran�.0.�the.:. �-: � . the-.. applicable propun"regtilation�' ':•.;_.·:allocation area, and each·applicatio.n · .. ,-: , ,Fe-de� Government iD �n.�th_-· ·. •;"'.' . . ., ·. (2} Th� app�cau�. shou.19. in�l��e �; .:; .. will be cynsidered separately: Each .-.: ' .'.� specfi�-���. grt?lr,=�}� .�. �: ,:,-_ ':'::.;'., . n�tiv�d�p��n. '?f_h�w.th� :· r':�.'.':t·.::·-:: �onal �r·State-�9� HA applic;ition \ . !Je�ent·�. regnl��� � .th':5e -·· -;: .:..� ·:· :�::· .. : app�ca��meets:·orwill 1!1eet, �e. ·:.::.-_:may request up ��-t�n pe� (10%).of •.. restricti_on s·on �obbying ��ed at: .. ·_:':: [_. . · _ � applica�o,n �Jecti�n_cpten a. Failur:e � :.:tJia total rental vouche� and rental�· ·: . ,·· 24 CFR part 87·.-To comply �th 24 CFR , \· .. � .: ; .. sub;mt.a uammve descripti�n is not�: ;-.. certificates the HA.has-under-?·"-�-��.,., ... -87.110, ai>.y_lM: (other thanan.llfA·diat:-.. _ : ··::: : .. : . cause-for. app��tion rejection; );lowever, ·:·.reservation for each alloca tion-area -as:: . � ·meets the de.fiilition <>f ",perso�� iri." 24· .. ·. >��· �e � State or ,¾ea Office�tive· ·_ -: ·;.applicable/or so uh.its, wp.ichever is ... . . ·. CFR 87.105) submitting an applicatjon .. '.:-_Amencan Pro�s Office canonll::�e· greater.-,.-,.,;·.:.·.:· T/:.•"· • ::<·�·:·> ;-· 1.1:Ilder this NOFA for more than :.::_-:·: -... · ;fand.rank� application based on::·,._: : : · (6) The HUD State or;� Office/·-. s100,oooofbudget authority �sian.ce .:: ··.� ·, ·information·the Offic:e has (!lrhan�." .: ... Nativ�· American �s Offi(?9 will __ :;: -must submit a certification and, if. :-=;, .�. -·._··�· :}.­:. (3) At_ta�ent 1 at the �d �r �:,:· .. .-:. redu�e .�e n�bm: �f �ts-requested_ m._.·_ wammted;a Discloswe of.Lobbying .. · "·:,;-= · ...notice lists the HUD �tate or An!a · any application that exceeds the ten · · ·· Activities. To"assist HAs, the-texts for ·-. : -. Of.fices· and th� num�erof �1s and · _· perce�t or SO-unit limit to the greater of the Certification Regarding Lob�. -:�· ·,·.. budget. auth:01:1ty available for. �ch .. -_. .· :.. ten percent (10%) cif .�e to��um�r. ?,� ·arid Standard.Form UL; Disclosure -� , ._; /::;_ · · .. · _ .-.. all�ti�n. area. �.:h?nld �1\�� .. : :�nt� vouch� �d �µtal ��$2!8:I· ·; -: Fo� _to _Report Lobbyinf are available ·:·:_":)'{;. .. _ appli<?Btiona f;<>.flhe .. �share,, __ .:·-: ·:.::· 1denti?,ed on·the la_t�t .. ��app�o� . fro:m the HUD State or Area Office-..-::,;_ .... :.·-:.J . . _. program to a reasonable number of;�·-:!.:·· .. budget-for the HA � .. ·�., _ ·-:, t=· : , _; ..... : .· .. , : · .' . ·. · _ . .. , ,w.: .,_. -·r: .... :'::. ,-,� . . :, -� ·,.·rental.vouchers· ancr rental certificat�· .---:: .... ·. ·-� ·�· ... ·::. ,. -/ ··!·. ·-�r:·;?:.-!-! '.'-:.::. -�-;:�\ .. : . ·F. ·Chickl";;iji,r TechiifciJ.1 ii��enti·i�,.;�·... ·:· -·-'L'---'d ·0· n·".:.1..:. ca�:1·ty· · -0--r.1.e··· HA:to l ... .,.��-, .. ::;D. Certi. 'fication R. �arding Drog�Free·,� ,, . ·,. !--::..:-;!. J;-,, .12:",'�--";���;13.,;r. ,.,.,,�::·:-::.-,,�;_1�:�·._,:�;:--.. • .'-•• � ' l.D,C. .J. Ul! � •• :,., ,i.;_·1 •' ·.:.:.·-,.v,: .. _;.·,�h:.. '.:'\. •• ,.-,.. ......... -�·_.__ ..... :. .... :-: • -.• .• -:· .�-�... t !"' .. :, .. ·. �"°·-.·,.-::,.,,�--:�!���. . .-_-all'th• uni1ts·· . ..,.. . ·:12·mon•'.L-o·f ACC : : � .. rr,;,r'f'r! ace.1 ... --"·"'-·, ...... v,, . .._,-_-;,-i, ,"' ,,•,,::.�-..; .. :-;·:·.,-,. :· •• Thslollowmg checklist specifies th .. �·.·:··�::-:----. ·., _ ·�, u-,n• • µi:, -, ''"11-....... "i�f ·r• ..-�'\•:1.-.)-..;, .... ';i_,-,-<"1��1"1-N":lr.l¾":'.1�>)::,,.·,�--:-.. ..• .. , .-. _ •.,, ... ���·-"�· •• ... ' .• execu on;. .L.IUS'DWUUIU-!-4-' OD e--., .... !....,�'"a.aJ.rug:.".-eeL or ace:n�o -•• ,-�-i-:-:--.. .. . ..• ·. ·"'"'°!fa�� . ·.-: ··-�:-::"·'.,· ., . tt'·· . ·,,"l"'.L ··..:···, . --'L-z:..:.rt.iiiffs -· th-��-�-:.--n..:.-"-i,e ·' :w ··1· · ... ,,,_...., ... (,1988· . e:TAnn .. ·,·-•d. ·informatioli-"thatlmist:be;1*--s r..� .. �-�-·� . ,.:.:-.,·.';:v·1,HA .-applicati_cmmay�ot�ex�d.�"'yJr.:::<iequlresgrantees·orP.e_ �·age_n�esi9-.:'.;::siib�!(edin.th,1JL\.isappliciauon. �.is1;-"?:-"';ld-!:.' . ·:·-., ·'.,'·:�ar:of:-(a).Ten:pmcent-(f0%) of thii.,:!;\certify ,that they'will pr�vid� a'drttg-free .(recommen_�ed;-�ut :got·recjuirea; that th_er:-;;;-1, .. , ·-·i :/ -. ; total rm:rta1 vouchers ·and rental s�-u�i-:..;::�_ .. workpI�ce:·Tous; �ach m::must·cerufy ,:.,:, appli�tion:con:�-a ·narrative :,,..:�-£i:i'J:·'.:-Wt�t;·· . ·: '··::.certificates undei:'ieservaiion for the�:;· �.-(even though it bis·done-so prev.iouslyr ,:: sxpTainirig:how the applicati,on�meets '· '.-::: ... ' :-�::· · . ·· .. : HA; or-(b} 50 units�·--.· ••. _: . .-:---:· ; ,:H .: .. • •· .• · that it will comply with tlie drug-free.: , .. · .the selection criteria.�:: .. ··:-:·-:: .:;<•'"; �-�;.!.: · · :-:-:.·. • : , i •. ;� .. ·.t·"'·;_-".;.-:;! ··--·�· .... • ·-:.•:_: .•••.•. : -:-._-:..,..--�-• .. -·: .. :,.�: ..... ·�1· . .--:��:.1 ;.__� 0 •• ·-·.-·::••.;.\:;;'\'-:-:·,: ·_1 ,:.:_ :-·;�;·-::-!. .. ,_ .. :�_ ·:··· .. ... --_,;.: ./:.:,:'-' -�� l�L. �EENING CH�CKU5!"7A��t..lpA!1� F�� �� )/��t-/EAS. ��o-.���AL_ �FICA���/ �f-s.·,�:.: :' .)) Housing agency·. I :HUD 81ate ou,ea· office . : . ; \?:: ·; ':·. ::\:: ... :.;<<•I -�·.·:, ............. ........... •· ... .:: .. �--··.�·; .• ! . .. ·,· 'Yes···· ... ,-�·.·.. ·-"' �-·-... ' .... i-:------,-----,1 -� Ves·' · No I :._._·_:.· ... ,_._.,_.-., -�·...... t·· ., ... ··-; .· . .- ·o . . 0 a:._. ti····. ·Theappficationcontains·acomp1eiecfFo,mHUOS2515 • .-::.":;:(�_.:/,_ •'. . .'; .· ... .-·· .-:··:-:-:-:::::··:,.: .. _.·. . . .. 0 ·_ . �-O·· �-'r, .. 0 ·_ '. -_.-,_ a:.'.; The application spedfif!S thB_� 9trenlal �rs and/� rental certillcates requested.,.;·,..:_:: ... ,.·:.;:.·-� . o ·.. : u· .. : . ·. :'D -·:: · -a . · · The application states by number of beaooms the total numbet of oolts requested by. the. HA (i.e., • · .­.· · :: ... � .' , _. · .. , !.· -� < ·, . : .:-� � ·, one bedroom units, two bedroom uni\s} •. � · '.. -· : · : --;:•':?.-� ·· ·--·--.. ···-· ·: ... :. ·. · · �--:·' . · . ·· · ,. . D :-:,·-·::·.C .. : ::_o·:· <. :.o.:._. .The application demonstrates that·lt Is responsive tctthe conditlon of the housing stock In the com-.: · • ·.' · -· .� · ·· · · . -.. ·:· •. munity and the housing �tance needs or low Income lamtlies fll'ICtuclng the elderty, hand't--· ' · · · • ·. . . • .. : . · �. disabled, large families and those dis� resicing In or expected to reside � the com- p ... ·.a 4 ..... -.·. •·· ...D _ .. a . . :J : . . � . • . ' .... : '. .-·.! -. . .. . . . .. " . . . .. • .. ' D · . .-. · D ; -T.he application demons_trat� that the appllcant ·qualifies as a Pl,t>lic housJng agency and Is legally · , ·--qualified and euthOrized to participate in the rental assistance programs tor the a,sa In which the programs are to be carried out, Such demonstration Includes: (i) The relevant enabling legisla!iOn, Qi) any rules and regulations adopted-or to be adopted by the agency to gavem 11s operaoons; and (iii) a supporting opinion from the agency counsel: If such documentl are currently ·on file In the •· 0 D HUD State or Area Office/Native American Programs Office, they do not trave to be resubnit1ed. · The application includes a statement that the housing quality standards to be used in the operaliOn-ot the program will be as set forth lo 24 CFR 882.109 and/or 24 CFR 887.251 or Iha.I varialionS in: the Acceptability Criteria are proposed or have been approved by lhe HUD State or Area Olfiee/ Native American Programs Office. In the latter case, each proposed variation �hall be speciliedand justified. A 8' ., Federal Register , ·.vol. ·59, No. 131 / Monday, )uly 11, 1994 / Notices. ·. · -_35433 Housing agency Field office Yes . "No 0 .. Yes "No . :. ,. , :.= "": - o · : , ·. ·-o . · 1 · -: c · . c · I The application contains the HA schedµle of ieasing, which must provide for the �xpecfrtious !easing .of units in the program. In developing the schedule, an HA must specify the number of units In the :· • ,. program that are expected to be leased a� the end of each three-month Interval .. The schedule .. ... :·,· ···I:.; .... .-.. :. ,�.:·: -must project� by.eligible'famllies;within twelve months or.sooner-after execution·of the·-.: ·· � ··• · -··. "ii:-;:·:�::-. :'"_· .. -t:��··':· ?Ace by.H uo;,.;_.�.:;--i_:_ .. ..,r.;;�i..�-..-: : .. _\::,�-z�.•-'.t._h. :. ·:-. :··,.· ... ;:-:: ·.;:,..,�"\�:��-..... �.::;i���!--:; ..... ,.�:�· ,..�:� -. .f.· �: . tJ �-;�·-·: �. Cl·.: •. • Toe application (for 'rental vouchers-dor're�iai certlficate0S) .con�ns 'estimates "or the. average: ad-. : . ·.:-.>�.::,< :._:·-:--. �---. _lusted lnco�_ror prospective participants'for, each bedroom.size.''. '. :·.:.. �-·: .;:, < '.� :·,'·,.-._ .:. . ·. . . . :. • ..... ·�-·· .• · ....... � . ·-. .,. ... .i· : ............. ::� :��--;..:··:.·_-·.-.: -�· .. _ .• -�·.·· .. :,.1_;_; -,.,!:.�:.,'! .. :t:..:..:.,: /.· ..... -:.�:-�.-·:,-;�-.,.· ,.)·,,.-:.::;;· .• :.:.!· REau1REMENi: FOR DR!JG:-FREE'WORKPLACE c·eRTificAi)oo, ·AND ANT1�:i:,'deeYJNG CERJIFIQATiQN -�D-OJSCL.osuR(';:.:.-.;-?-. ·· .. ·.:---:· : .. ,::_:_·2.?_: .-:t:_1··t ·:--: -�·:: :'--:� ·:-:_�:\ :·�:: '._f:.STA!F�e�.::':/::�\'.\i�:-·:c\}:>i:i��t_-;:�t;f?:::_\:_t·}�+:0t:?. ·:::-;:--·· .:: .. Housing agency ;fieid office ·· Yes ·:· -·No -�-� -·:,Yes·: _ _-:,-,No·,. :. · ,.::. ;: ··· r.r::t/f ... · ""; ;·· �-.� · .. ..:.. . · ... : ..' �-' , ••• 4 •••• -··· · -�.-'. ::_/:�·�:?t�:/5);-�:.��/_}�-�:\:?:t:\:::?:-::L-�...,/.;:.-�--i-.�1J::}\\�[�\f{f:\Tt.£:l/'.: :· , . The application meets HUO's _drug-free'woriq51ace requirements set out at 24'C�R':part i4,;·subpart:::._--F. (The application contains an executed Certifica� for a Drug-Free Wor1<place.) :.c. /: '.:�!'i-::"-:-.. ' The application meets HUD's regulations regardir:ig_anti-lobbying serout at 24 CF_R 8�� .T�e anti-lob-· bying �uirements _apply.to applica.ti9ns that,'if approved, would result in� HA 'obtaining more · ·than $100,000 In budget authority. The Department has delefT!lined that IHAs estabfis� by an In-dian tribe as a result of .the.exercise-of their sovereign power are·excluded from coverage, but·.·. IHAs established under.-Stata law are not excluded from coverage·:.-To.comply; .HAs must submit , .an Anti-lobbying Certification and, If warranted, a Disdosure .of lobbying Activities. ·, ·:··· --�-·. ·,. ·· ·. : . ,• . .:.' . ·.� .. ·.· ·. ·. -.. , -. . . -... •, . . . · .. ·· .. : . ·... \ -... ·.;: . .. .�. IV. Corrections to De�cient >. · ... : . ·. :_ :the req4i�ments of,24°CFl(882.204(a) ··:-" States;.111:d.lo�_gove��nt�: incl':}�i�g ·. :·· . ,. A t· ti' ... · · 887 55(b) d .1.., ti' •• ' l din · HA · · · �--· · · • · .. · ·· . .. . · · · ··t pp 1�. ons_ .. ,·:·--:., .'.: .. -.-_-::-... --� .. ,;-_. ,. . or . . . BI>:_ . WJ.S no_ ce, mc_u g · \ . s. 1:.-:,i' . >-�;: .. :;,.:0,.-=,-:: .. :.=_-·�::-,-.:· . .-. ·::·, 0,:. ,;: • .; ":-. : To be e ligible for processing an:,: i,_ ... the drug-4-ee workplace certification·::-·:. ·C Imp'• �ct ��·th-;F�mily ..... ='__:�--.---;: -:--'<· .( . .,:_-. .�:. · · · · b -· ' th " ... _ ..-.and the·anti-lobbying certification/.-i .. ,·,:· � ·. , .... ;. .. :-�.-:·.-·.=--::·:·'?.-:,:-..:·.:..-;�. -'-y. �--. ap�lication must e �ce1ved by e -· · ·. . . di l . . ·;. ft. th ... ,·::..·,;;.,·-·-.. ,·.: nie General'CoiinsePas the�·::. ·,.:w::-.-_r:..,-.: ·.-:t. -,:�appropriate HUD State-or A:rea Office/'· · -sc _osure_reqwrements,:a et:. _e-, __ ,,., '.'.""°"· • • . • , _ • .• . .· ,,,.;;·:1 .-:-:.: ->.• · �-. N u· Am · 0-....... ... ,, au:· n ��, �· expiration of the 14:day cure.period'will : ... �1gnate<tOfficaj.��er·��'=1ve0::-.;;�:.·. ·:·· •• • -·· a ve encan. ·--�_........ &.Uc_e . 0 .·· . be . . d fro.,· ' . . .. . ·�· .. ,; "i.:4 .:-,.:,,.....,;-0rcl 12606:: Tfie'FcmiiJv•,bas�-i.:..r.�,;,;r;,�� ... · : ,'i.� .later than:the date arid' time -�ecified in(; ,I_'E!l_�_e_, _. -l?:-�,t0��8-i:·.:\.":��·�'-:+:��d ··1-J�--. ·, �:.i· S.:.tt· ::.i:.·,· ''?•". ·-u". rN�d.�?--�f��.:,�:�; >!, Secti . . f thi NOF :. h' .HUD s· -�·-· .••, ,--�.-,;: "'· ·-z.:, '.· .. 04]:;.,;,.:....�:,:.1:c\A'.....,� • •. , e ermmeu-Ulll .WJ.S.);10 ce· oos·noi.:.,--;:-'.\t_-�-:-r-··-onil-o s A:-T e tate,.·-v OtherMatters-....... ,.,}· .•. ·.1 _;,,., ... -:,_�,.-.,�-�,;----ha---·· ···-·tiitl· • .-·-i·--.,_:.�fi' ··1·1m·, .. ·-··ct·'""-···"'·. ···-· · , · • � __ .• ..,_, •, ->·v .. .., ,; "'"•;r• ' ·' Ve poten · or Sl can · pa 00 '' . , orAreaOffic:Ei/Native'.A:m.erican·:·,:"·:-,:: <>,.-:,-•-�:··:,·:-:':·:···-r.--::::"'-··. ,,,r._.��-li:-'"".·.;, . .-.· . -.: , .-.··· ... , .... , ... , ·:,.:•f.·-:t ...:� P rograms Office wi·u i .. iu·a11y scree· ·-·n:a11· · �-;:A: EnvironmentaHmp·act rl·'-'·("":;:t, ·.:;.'.'�};'.l· · i.: family .fo�ation� �����BD:�:,and ':4:·"..:;,--.,,,.-.: .. ·� • ...,_. ,.. .. . . ' •. ••• • . C :.,,,_,. '" ,w: ,• • • . ·ra1·" u 1..•..:• "'. ••\..:..:•th v• ' ... ,.,. ��v,\� _, .·-. ' . .. licati . . . . "d .. 'tify' HAs . f technicaf -� . 'A .. F' .din . ·n� -·· s; � ;'i:; �---. t. y:;;_-·�:ct-..:: . ,<j gene -we •1.J1:1Dg·W1w.w. · e me8lllllg;p: •1''; • -'. j.�: app . �nsan no .. , . : _,._Q_ • .• , ·-::-_.-; •• 1p. g O . O 1�� . LWP� · ;t:::: f the Executrve Oid.er�and/thus·:·is' not':·!..;·:.: . .-., '"! ... de6c1enc1es _by !etter.�--:· .. ·::·-::. : ;�·-·. · ... _ '-.�µi respee: to the _enviroID:?en�-hl!s.,'· ··. �-0 ·b·ect 16 review wider the Ord;i-. This-:.·'./.-. :t. · lfan application has technical· � . ·. been made m accordance Wlth the ·· • : . � ) _ . .. . , .. · . . • : . . . l: : deficiencies, the HA will have 14 . ;· .... Department's '.l'Pcmlations at 24 CFR Pait. lS a fun�g n _otice and d_oes n�t alt�!.,··' .. ··: ..t : l th· _ i-. · • • · --o-. · program reqwrements conc eI'Dlilg· ,.. .. �,---· , ... ...:-ca endar days from e da�e of the .... _. so, whi� unplement section 102(2)(C) f .1 li "b'lit .\.-::-.. ,: ."':=··'·=' . ,:.: �., .t � _ -·issuance of written notification to · · ' of the National Envirotlllle_ntal Policy. ami }'_ e gi 1 .. �: ·, ·-. •· .• : · .. :''::: · .. submit the missing or corrected . Act of.1969 (42 U.S.C. 4332). The · · . · · D. Section 102 of the mm Reform Act: · · information to th� HUD S_t�te or Area Finding is available for public. ·. · ... · ·, --Docume�tation and_?ublic Ace�· .. ·. : .Office and/or Native Amencan inspection between ?:30 a.m: and 5:30 ·. Requirements.· · 1. ·: • : • ,.-. :· • Programs Office. Curable technica l . ; p.m: weekdays in th·e Office of the Rules · . · . :b. . . . . . . . ·.· · :. . . . · :: .a • deficiencies relate only to items that do ·Docket Clerk, Office of General Counsel.-·. !fUI? �espon _s: z/Jtie�. · ·. � . · · .. . . not imp�ove_ the sub�tantive qu�ty o� Department of �o�ing and Urban . . _ . HUD wi�l ensure tha� d?c�entatio� ._.·. I.he application relative to the rating. Development, room 10276, 451 Seventh and othermformation regarding each . · . factors .. · .... · · · '·.: .. · Street, SW, Washington, D .C. 20410, ·. application.submitted pursuant to this · · · All HAs must submit corrections · · . . . · ·· · -NOFA are sufficient to indicate the basis · · within 14 calendar days from the date. B. Federalism Impact . · upon which assistance was provided_ or . : . or HUD's letter notifying the applicant , The General Counsel, as the . . denied. This material, including any· · of any such deficien cy. Information . D esignated Official under section 6(a) of letters of support, will be made · · · · ·. · .. · �cei�ed after 3 p.m. local time (i.e., the . Executive Order 12612, Federalism, has · available for public inspection foi a· five-·:_·. · time 10 the appropriate HUD State or determined that the policies contained · year period beginning not l�ss than 30 Area Office/Native American Programs . i n this notice will not have substantial days after the award of the assistance. Office), of the fourteenth calendar day of · direct effects on states or their political · ·. Material will be made available in · · . ·the conection period will not be subdivisions.or the relationship accordance with the Freedom of ac�pted and the application will be between the federal government and the Information Act (5 U.S.C. 552) and reiected as incomplete. All HAs are states, or on the distribution of pow�r HUD's implementing 19gulations at 24 encow:aged to review the initial and responsibilities among the various CFR part 15. In addition, HUD will . . screenii:ig checklist provided in Section levels of government. As a result, the include the recipients of assistanca ... � lTI of this notice. The checklist identifies notice is not subject to review under the · pursuant to this NOF A in its quarterly all t�chnical requirements needed for Order. This' notice is a funding notice Federal Register notice of all recipients �-_, appl!cat!on processing. An. HA and does not substantially alter the . of HUD assistance awarded on a application that does not comply Y.ith estabUshed roles of the Department. th e competitive basis. (See 24 CFR 12.14(a) Ar rr. ;/ ·.... 35434 _ Federal Register I Vol. 59. No. 131. I Mondayr July ·11,. 1994 / .Notices. - . ,. . and.12....16(b) .. and the notice-published, · HUD State or Area: Office Counsel, or-· · . �mi 13 contains "two provisions · · . .. . � •. in the Federal.Register-on. January 16� . . He�dquerters ��l ·for: the program-to.· Jiea�g:�� �-lcl;�en.ce. HQI)'"s·. . ·1ggz (57-FR 1942), for further· -:.. . _which the-q'!_���_pe�n�� .• __ · .. :":.: ::.:',�)!;....��us wttlt_respe<:tto-finan?al · ..... -�or_ma_tion. on. these" requ.ireme:n�r:: : ; . ·P.· .· �hib ·: iti;: • .. . ; "'1ind'1,obb . . ·., •. ·-·--:-�. ::-· ;-;assi�ce. The-first-imposes.discl°.5'""8 ... ·-·:· ' . • . . -·-· .. -• r� • � "?.6:---:-w:. , .. ,ymg-. _ :.-; . :. reqwrements on thor;e.who are typically· E. Secti_on 10Sof th�HUI>RefonnAct .. Activz�es . . . : .... :. .• . . , .. ··-·· ·--·•involved in.these efforts-those.who ·. HUD's regulation-implementing. · .. ·. � .... The .� of runds.awud.eiiundei.this,-. ·pay.-otbers to .mtluence,the a�ard of . . section 103' of the Department of.· . NOFA is �bject.to:the discl osure .. ,...; .. �·-· assistance-or the·takfug of.a.· .. , , . .,. . , · Ho\ajng and Uri:Mm Development . ·.,1 • ••. requinmlents and,-pro�ti.nnsof{:-:,..,. �� :. ; . management.actio� by the.pepartment · _Reform Act of1989 (42.U.S.C. 3537a) .,. : . ."sectimr319:oftbeDepartment:�flnt�o�-:-�d tliose .who"are paid to_provide t,he · ·· · ···,fReform Act} was published on May 1:r. and" Related Ageiicies-A"ppropria.tions :. ·. ,-influence .. The seco.nd restricts the - _. .. -. 1991-(56 FR 22088), andoecame:. · -·Act for.Fiscal Y�-1_900{31.-U:S.C. ..... ; · paymentof-feestothose-whoare�d effective on June 12, 199'!.-Tbat · t352J (the "B� �andment"} and the · to influence the award of HUD :. .. regulation, codified as 24.CFR part 4, . impleme�ti.n.g_regul�tions at 24-CTR p� · assistance, if the.fees-.ara_tied. to the. . . -. . applle;to the funding competition:··· 87.-Tliese :authorities-prohibit recipients·. mimperoi-housing units received.or.are -�announced today..-The requirements of · . of Federal contracts; grants.or loans---; :. based ortthe-amountof assistance'-··-· -: the:ru,ie continue to !lPPly ·untilihe_. . -from using-appropriated funds-for .:-.-:: : ·.-received;or ifth�ey�:�tinge�tilp_o�--· ., announcement of the selection of ·. · · · -lobbying the Executi_ve or Legisla��e· :� ·: . ·:the·recei pt of assistance;. · · . successMapppC8llts. · · · Brancbeltoftlie Federal-Govermnentiil . ·:·.Section 13 was·implemented by final·· � eII!ploY.� involve� in the .. CODn�on..with ��c co�tra�;�. ·,::·rule . published in the Federal Register review of applications. and m the-· \ ·. orloan. The· prohibition-also co� tha___ on May 17; 1991 (56-FR 22912). If · · making of funding decisions are ·. . : . awai:dingof cont:ra.cts, grants,,� . ·.--.: .. · re aders are mvolved:in·any efforts to restraine� by.part_4 frompro'liding .. _ . Cl?OP�li;ye agree.meDts.orJoans.UDless .. , ·influence th!? Department.in these ways, advance information to any persoa. �, recipient has made an acceptabla.0 ··they are urged to read the final rule, · (other than an authorized employee of· · · certification-regarding,lobbying. Und� . p·articularly the examples contained i.e.' HUD} con� ��g de�ions, or 24 CFR'pe.I: �7, appli�ts, recipients, ·. ·:. Appendix A _ of the rule.' · from otherwise givmg any applicant an and· subrec1p1ents.of assistance-·. . Ai:J.y questions about the rule should unfair.competitive advantage. Persons. exceeding $100,000 must certify that.no be forwarded to the Director; Office-of. who app!Y for assistan?1 ·in this_ Fedei-al �s h_a'":� �n or�.µ 1?:8 �t Ethics,. i:oom 2158, Departm ent of .· ··; . __ .,_ �om��tiuon should_ confine the1r-. on lobbyipg_acti'Vities-m�a-·. Housing and Urban Development. 4�r , ·::·,::· -inqlllnes to the sub� areu permitted with �e �ce.-IliA.s establish�� ·seventh Street,: SW .. Wa.sbington..DC.· · ·. ······ under 2� CFR. part 4. · .. : an Indian tribe as a �ult of the axe.rose 2041�3000. Telephone: (202) 708-3815' Applicants who hava questions oi the tribe.'s sovereign power are (IDDNoice) (this is nots toll-free should-contact theHUD�ffice o{_�cs .. excluded from co�ge-ofth ?'Byrd · number). Forms n.ecessary for-... (202) 708-38.15 (1DDIV01cel-(Thi.us-· Amendment, but lHAs established.... compliance with the ruJe may be ; -.,. -.. -,. not a.toll-free number.) The Office.of._ under State law are not excludectfrom ootained:from the local lilJD office.-_· ,. ,·.: ., Ethics.can provide information of a the statute's coverage.. _, · • . � _, , -genei:a.l.natme to.HUD.employees .,-as: . · . �:otbority,42 u.s.c.-1��1a, 14���� 14PL: _:· _· well. However. 8 HUD employee who· G. Section 1-1Z.of.tbe Ref� Act Dsted�July T, '1994. . . . �. ·. has,specific program questions, .such as Sectio.n 112 of the HUD Reform Act Michael B. Jams.. . : .: . .. . whether partiCWMsubject matte.: ca.o,be __ added a new sectiop.13 to the GeneraJDeputy&s.is�·SecretaryfarPubJu:.. · ·.· discussed with parsons outside the, Department of Housing and Urban . _ and lndianHou.sing. • . _ · , .•. : Depattment, should con�his.oi:her Development Act{42 US.C 3�7'&}.-� :. · a1LUN�C00€ '21�-.� �· ·.,· .... ··: . ---_.,.. ., .. ... , ..... · .... · ....... . . ---..... . ..... ; .. ;·�:· .. �-;:�:.�?��-,;�;; ... .... ::. :· ..... • ,,, -.,,_ ... . .. -· : y ···-· ___ .-. -.... ···;._.--··-·_ .. =.: ..·. ·:· ••• --:.-I' ••••• .-.. . --�---.. ...... ... --. --:�. ·.: ··-=·_;,-::.:_:· -�---· ..... ...... • ·-,,. t . . ,.�S, .� :·\��{:ri�;��fj�{t'\'·�::\: ��\:t;p;: . ' .. . --� ... ·--.... , . •·"·:··· :-·:�:-_(:: ..... ,:��?--/tf��: :,.-� -:; ..... _. -<f{)i�_ .... '�·�·!""; .,_ ... : ·· .. ·:·::-.. -.. _ .... -. -� -:.:� ;. .-. 1 -,}:�.;. ·,::·,•:. :· ••• � I-�·'"'.:·· ··.= -·· -.7··:" ��<-�-_::·�;·;:.:-�)��;:-:·::..·· �2'-":\� ,-:: .. -,••··:::... _: .. �:·· I --· .• t� � .. 1 _,,. : ...• �.:. -.-!..:.,,- .... u,;:'·��-.. ··-.. � •r . :_ ... ··;·.�--, -�,-· .. a.:. •. _-·-•. .::: ........ "";.. � !..1:: ·--·-_;;.;;�-r���-�.;�-.. >'_:�.:�::;:�.:�;,�.::·r���-:..��:-:. --� �--�\-:.:i�:i/;��� .�--�--��-::·: ... i�-:_:::··i ·:;, ... :-·:s:::.:.�·-·----:·. ··:..-�J. ···-- --. . --�::�=.\·_ .. ·-:: .-._,., 1\• :·;"',. ' ·,. '' ·- ... : • r.:,• ........ '" 1·: �. ! . . ": ·.'!" . : .�·:.::.-' .; � : . . . ' J:ISCA� �E·�� 1994 �E-CTtt1�)1 '.¥eA·,·;/,'cAjE'-�·No •• ,. • ,• '-• , I(· �::,. /', • };! ft:;,.. ,.,� 1·;, i,V°'� . • iJ l,:i• lift, • I �'{Itl;e� ' . ; \'·�;��f�,: .. ,.:.-::f:f!J�1.�1-,:-:1�)i:''F,ff:it1t1·1 ti j :i'.�t�·· · · t, ,·�iifzt ·· ·· ., ..... _ ........ �,..�.vou�1m1 iil:1.� ,( t I ot,i· · �.·1(1�:/:�, t.� ., ;,;. ��!, ' . ·�: },,·, . .,.,�, , ;t �-,,:-'.�:··ii�· ', � ,1, .... · ; :�· :tLL11ns.':uN\fs�tii.l�i:1Nh/f.:�. jff1J�;lLtaJ�,. t. 1��t�·.};·l•1� n ·:tkt�:ft:i':'1·� '!ll?'1a:;r;·,n; .:,,'.'.:,!,! •: I ,.:. :1:\< •;:-::!;:),-'· ·,. . · .. : , • 1 · _.. MAuAv, Mooti�-1 �! tR,oN·'·ttUA:iP,PlJtNaM .. ts.rf�1fv11t1 euAtNl' vAAREN : ·"·;�.· .. t-� . :'. , . · •, . : _', �AH1f,,.w�1�i_,_!:�. f��RJ :::H��-�fqtJ_.,)i\l�.�ij�t;'tf!{,:r���s.DAL�_;:·.p:'�f:' ':.; {� >'i:�·.·,. ··::.Huo Rtc;,o�· � :,t�,eAG(;,--. . .. .-.· ·-'•/ . . CHICAC0.:':'11.LINOl�,OFl'l�t; .,";:f,': ·., · Mt rROPOl.l,TIIN ALLOCATION AAtAS· . · ·, f!itTRO I: CHICAGO.·., '. · 1: ,; ·, • • .J " . '. • METRO 11 (CHICAGO',COLLAd tolJNTtES ME TAO 11 L ROCKFOAO . • ·. ,· · M[TRO'l�1BL00MINGTbNiC�A�P,IGN.OtCATUR �ANKE. M ( '�� :f:, �'to �� t i ,�c� i .� -����.?'. ��R i ��FI E LO MET�olv1:sr. Lou1s-,LLINOl�1�9�TIO� NONMElROPO�IJAN ALLOCATION·AREAS NON-METRO I, .. : .. ·, . , ' ,I •. :1J' '. i. . NON-Mt tim II· ·, ' ., ..• , .. i • •• t NON-MhRO' Ii�. I"····,,: .. '' , •. , •. i. l ,, . '•,: • •• ,l ·-�-1:i. :,. -.:._ . • '"J ;• !. t . . . . �-,.I.',.:; •, ' , '/, .'! . ·:_/,' 1 • •• •, ;. '· ;, ·,. •• I CINCINNATl·t OHIO OFFiCE >. � ·. •M(TROPO�lfAN ALLOCATION,AAlAS CINCINNAJi .. ciFFIC� -METitot,or.11AN NONM(TROf>OLI lAN ALi.OCAJIO� ·uaAs;· . ,CINCINNATi.oFtlct -NO��[TftOPOLITIIN ·,·.,, •.,': I • • f i: 0 f" 1 ; -•� CLEVELANO,.OHIO OFFIC.E · .. '' �tTRdPOLlfA� ALLOCATION AREAS ,·. . AKRON-CANTON MSA Area. . . . . .. ,. . CLEVtLANO-STEUBENVILlE•YOUNGSTOWN' METRO Area .LORAl�·TOLEOO�MANSFIELO MSA AREA, �ONMETROPOLITAN ALLOCATION ARtAS' Clevel11nd Non111etro .. 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'... . , · FISCAL YEAR 1994 SECTION 8 CERTi(ICATE AND VOUCHER ALLOCATION , · ·. 1. .-: , , . .. . . ·' :�OLLAAS UNITS·COMP,;JNENT PARTS OF �LLOCATION A�E� . ; ,. ··· ;: . . .. ,· • VAN WERT . . . �' \\ li£"T!JOIT, Ml CUI GAN OFFICE . :· METROPOLITAN ALLOCATION 'AREAS . ·· ANN ARBOA,FLINT,$AGINIIW�BAY·MIDLAND MSlls . '' 1., .... ' ,I 01 WA'fNE COUNTY , . . 3,624,090 9,130,366 ... 236,415 116 WASHTENAW. GENESEE. 'eAY . MIOL�N�. SAGJNA_W 290 WAYNE .,. _. ·I •• ;._ • . PAGE 12 .' . '. O�TROIT F�SA LfSS WAYNE COUNTY. NON�ETROPOLlTAN �LLOCATION AREASDfJA<:JH OFf.l�i NON-METRO·. • ,'· l', : '\I • ' , : : 1.:U�f •; / • •• • • 51�.699 IJ� L���ER , . �-� V !NG��O N,_ -��COM 8,, :����9f. :. :���-����-;.' �r. ��AIR .. i_� 21 �LCO�A. ALPENA,0 ARENAG. GL�D�iN, �U�ON, IQseo. tENAWEE .. : I ,• ,r • . ..... .... ·.'·, . · ,:!,i.�--··( ·1 i{) , \ � � .. -• .' .. GR!l�D. RIIPl!)S·,'. ,�ICHJGAN OFF.IC()•' ' .. . METROPOLITAN AlLQCAflON AREAS ,: ������:ENCY' ·._oG_EM_AW. - -�scoo�: 'l:'��sp_u� . J ��E •. ����\A�:.·��� �-WAS$EE ·· · : . . . . ·.·., ·. · · -'/l�-'.,::}!., _'.;>) · . · f._._:,'_'.�--·./ .. : .. ·\.-V. : • ,j • I ,· GRANO RltPIDS'·:LIINSI NG·E. LANSING MSAs CALHOUN .BER R IEN,;,,Aci<so N.K A L�MAZOO&MUSKEGON co • NONMETROPOLI rAN ALLOCATION AREAS No�metropollt�n All ,: ., . : ' -··, --'.'.\:;: . ··-�·.·(:·'·' '·'.. . ... ·t,·-,.. . ·., �'.:�-��-4_::,:_.f ·. ·-::.t!J,1. . , ·.·.·: .. ·: __ �'-• ....i.f::< ._. : . 1�QI 1.',..,Apod s ;/iN.o I ANA OFF. i cE.' · .. ,: METAOPOLITAN:ALLOCATION'A-EAS". . 1-,tEiRo No1m1 · ,:: · · · (f�T�O CENJRA !--:' . MffAO SOUTH '' NONMETROPDLITAN ALLOCATION NONMETAO NORTti ,.i:_., · ... :_:-., .. : .NONMETRO CENT!tAL ;�:.�:�,... � ·• : ; ;j ..: . . i NONMETRO SOUTH � • I . :·· .... ,, ,,·· :-. .. .!': ;I .:�·... . MILWAUKEE. WISCONSIN OFFICE. \. AREAS METROPOLITAN ·ALLOCATION AREAS· .,etropollten ·A!loeatlon Are11 WI· . . � Metropol I.tan .. A llocot Ion Area N2 Metropol j tan ·A I locat Ion llrea /tl NONMETROPOLITAN ALLOCATION AAEIIS Nonnetropollta� Allocation Area NI '. 2,856,440 2,250, 122 I. 86J, 9JO :, 2,069,560 4,;!20,282 2,628,947 600,629 618,415 7'17, 16'1 :2.e� 1,942 2. 831,576 '?,7��.722 19s;ooe : ... ·-: .-·:-·:· :-: 98 KENT,,On'AWA,;tLINTON. E4TON.· l�GHAM � . .., ...... � ... 77 �Al,.HO.UN ,. BERRIEN; JACKS�N:.'KAL�r:t�zqo; "''='SKEGOt-f·,;· · .. I • ' •,, • • • • ;� ' 1,, • • •: • ' ', •: • •, � ', •,,. • •) " • � ::, • ' • : :• 1 6B ALGER. At LEGAN. �N�R IM, "BIIRIIGII, B�RAY; BENZt E ,; QPANCH; -C��s . . CHARLE VOi X; · CHEBOYGAN,·· CHI PPE'!'�. '�LARE;·. CIJAWFCIRI>; ·QE LJ � :. DICKINSON, EP!i�ET. GOG�QIC, QA�Nf? TRAVERSE. ,GRATIOT;_ Hll:LSDALE HOUGHTON, IONJA, IRON, ISABELLII; kALKASkA, KEWEENAW, LAK� L��LA N�u. i�CE. MIICKIN�c.-��Nl�TEE( 0 MARQUETTE; �ASON. MECQ�TA MENOMINEE;' Ml SSI\UKEE; ,'MONTCAl;M;· NEWAYGO". OCEANA. ONTON AGON OSCEOLA. OTSEGCI� AQSCQMM(?N. sr .JOSEPH. SC�OOLCAAFT, VAN BUREN •• "./EXf.QRO ! .. ,, •··.• -·:··., ·.: . -. . ... ··�·· �-.f:L. -:-• -� ••• : f . . .. ·. , :· .. ,' : . �. ,_; . �. 99 LAkf. 'PORTER, ST _ JOSEP,!-f; ELKt:tART,:ALLEN', "pE·KALB,. -WHtTLEY.-; .· , . 144 TIPPECANOE. HOWAl1D. "T:IPJON,•BOONE, HAMILTON, HANCOCK , ·�IENOAICKS, JOHNSON. �ARION; MORGAN. SHELBY,' MAQISON. 1onAWAAE89,CL1y,.VIGO, MONROE, l;)EAABORN·,_!'(!SEY, VANOfR�URGH, WARRICK C}.��K, FL �YO� -�l�R_RliqN: , : ! • , . · .. ;_.? •• ,. •, ,l· • •• . • • ,,, • • ·•. • r 27 �E.WtOf:I, ·BENTON, ':JASPER;· LA 'POAT�;"STAA!(E; ·puLASKL':WHlTE': . · �MJIJOL L, 'MARSHALL: :FIJLl"ON. c�s�: .' KOS� IU�l<9; • .,fA�I; ·WABA�� .· . tJUNT.lr,IGTON, WEL'LS, -�QAMS: ·.tAG�A".il;E�' NOBLE;· Slfl.lBEN'• • ". ' ··,. · 26 ��RqEN, 'VEAMflt:I _ON.: "fl;IUNT�JN;' · P�lfKf, ,Ml?t-!J�OMEijY,: PUTNI)"!··�··: f � j�i�� ;; ����! •. _e.��J��OR� i,_' �� f �r��D ���-� , .. �f,��r: . W�-��� :. -��.;� 34 SULLIVA N,. KNOX, ·.0 1eso� •. -o�EN, ... 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'.t�_·.. ,} · . �:· ::;·;,.\\:."'}.:, ... �" _:.:.:{t, �.:. ��;::·J\;_ :.r:/�-.. · .· -�.:-'.\J�:·t l\�f�l ?ll !.:·t :.;,c)\{7f.¼.�._j;��· -�;···j c.'tt ,,i �'·-:··_:·:·.'·; ;:-__ .. 1-,�·.,;, .. �:,�.�1��q;:=·· .. :.\ ... ·,i•., t ,; ,:, : •I•• I ',,):---:..,,,,� : " 'f ' :�r. ,',°':',::.' .1 :'�f� !i, \ 6-+ •, ' • •• • ,: .:: .-i°• ':'1 �;Jttr�.-:i't,•\ ( ;, :1 � 1-�.'J i "••,/1•' • :· \, !. �(� : \ 1 �·' •' , I "-i :l ':; ! -'� J '':.' !-••'., t ."j..; t I ·:,>·1·•,,.1 ,:· .. ,i\·: ... ,·;;':· .. ··( '·i ..,,,·!', .... · .. � .... ··· .:, .. ,,.,· ... )·,,,.-.t ,A t t,(�;1 •1 ,'l'1lf--J l J.,l1 ., lf ,'· 11, •• •, .:: .••r•,, .. ·.·· ,···\·f,:4,..,,1 • ,:, ... , -/};):}_I /;HJ.{);,;Ff '.i :'· -_ -· • ,,.: _ :-_'._I:i2lt \lt f Jiijlj:\ ;;;::/·':\ -· ::t,·:_ : : _� \[ i:':;_:�j_·___ . --·-_ •"11 Ill C. i i­ii - � � UI .!0 � .... w ....- g: 0 ::s p.. � -C: -'< .... ......... t0 t0 � - � ... ,;-co In w UI � � -..J Application for Existing Housing Section 8 Housing Assistance Payments Program Send original and two copies of this application form and att;ichments to the local HUD Field Office U.S. DepartrnantofHouaing and Urban O.velopmanl Office of Housing Federal Housing Commissioner _._ ,r 0MB Approval No. 2502-0123 (exp. 11J30190) Public reporting buroen for !his collection of intormalion is estimated to awrage 0.5 hours per response, inciucing the time for reviewing ins1n1ction1, searching existing data SOU1"09S, gathering and maintaining ihe data needed, and compl,iting and reviewing lhe coll&c::tion of information. Send comments regarding !his b_urden estimace or any olher aspect of !his colleclion of infonna!!on, including suggestions for reducing this burden, 10 the Reports Manage­ment Olticer. Office of ln.fonnation Policies and Systems, U.S. Department of Hpusing and Urban Development, WashingtDn, O.C. 2041().3600 and to the OfflC8 of Management and Budget, Paperwork Reduction Project (2502-0123), Washington, D.C. 20503. Name of Iha PuDlic Housing AQ11nc:y (PHA) requasling housing assistance paymania: Housing and Redev�lopment Authority of Columbia Heights, Mi nnesota ' ... _,} •. �-:-· • "'•:,! • i_,..-.:,:.i·:····'-:-l(,,,..._p. --:�/":!:. ·:·: ��pliealklrvP,ojea No .. (HUD UN only) J.ffit.<_t;�-"s-!<®-.#¾,, __ -. .,.;,�··a"''�-,�,�-­�::tP0J\rffil-ltt\Jlt(: :;,�,. tt�r-..Malling Addreu of tne PHA 590 40th Avenue N.E. Columbia Heights, MN 55421 Signarure d PHI' � awflofize_d 1l1.$iail lnia applicalion Tide of PHA Olllcer aultlOrized ID sign 1h11 aj)plic:alion ·Executive Di rector Phone Number l 612-782-2855 Raqunted housing assiaianoa payments ant for : How many Cenillc:a1D1? 1 Haw many Voucnlll\!I? 25 25 Ha"8 you submi!lad prior applications: No Vas .•• for Section 8 Cerlilicatas? [XI 0 •.. for Section 8 Housin_!Z Vouchers?W n Date ol Appllcation 8-12-94 Legal Area of Oparalion (area in whicn me PHA determines that it may legally antar inlD Contract.SJ City of Columbia Heights A.Primary Area(a) from which families ID be assisted will be drawn. LocaJJty(Qty, Town, ate.) Co&ny C.oi'lgi I Ill I Unla 01.anc:t ·_c_oJ.u.mbia Heights Anoka 6 50 B. Proposed Aaalated Dwelling Unlta Numoerot0wa111ng Untta by Bedroom Count Tata.I Houaing Program Eldei1y, Handicapped, Disabled Non-Elderly Dwaillng Efflc:iency 1-BR 2-BR 1-BR 2-BR 3-BR 4-BR 5-BR 8+8R .!Na Certificates 25 25 Housing Vouchers 5 10 10 2S C.Need for Houalng Assistance. Damons1ra1a lhat Iha projac:t requested in ltlis applicalion ia cx,nsistant wilh Iha 8P91ic:abla Housing Auisianca Plan indudlng Iha goals formeeang Iha housing needs of Lower-lname Fam�ies or, in Iha absence ol suet, a Plan, lhat 1ha proposed projac:1 ii raapon1ive ID Iha c:onctidon of Iha hauling s10Ck in Iha communityand lhe housing assistance needs ol Lower-lnc:oma Families (including me elderly, handicapped and disabled, large lamilias and ltlOsa displaced or ID ba diaplacad) l'Niding in orexpected 10 rasida in Iha community. (If additional spaca is needed, add .wparaia pa ges.) (See attached addendum to HUD form 52515) D. Qua lification •• a Public Housing Agency.Demonstrate lhat lhe applicant qualifies as a Public Housing Agency Submittad with P1'9vlously and is legally qualified and authorized 10 c:any out the project applied lor in lhis application (check -J lhe appropriate boxes) thl• eppllcatlon submlttad 1.The relevant enabling legislation X * 2.Any rules and regulations adopted or to be adopted by the agency to govern its operations X* 3.·A·;upponing opinion from the Public Housing Agency Counsel X* Retain this record for the term of the ACC. Previous editions are obsolete *See Appendix "D""form Huo-s2s1s c11ae,page 1 ol 2 ref. handbook 7420 ,t}jJ/'�DI''/C t,8 ,, -1 - Fe&eraI Register / VoL 58. No. 1.29 / 'i'huzsclay, July 8, 1993 / Nottcas 308 The HRA of Columbia Heights has administered a 101 unit HUD assisted Public Housing project, Parkview Villa, since its completion in 1975. In addition, the HRA is currently providing local administration of the Rental Assistance Program'(125 Certificates/51Vouchers) for the City of Columbia Heights and the City of Hilltop under a contract with the Metro Council HRA. Also, housing rehabilitation, co~m~unity development, economic development, and other programs as noted.±n the attached Annuai Report are administered by the HRA (see Appendix "C"). Additional staff will be added as deemed necessary to administer the program. The Columbia Heights HRA will continue to use the same Housing Quality Standard (HQS) as are being used for the 176 rental vouchers and certificates currently being administered by the HRA on behalf of Metro HRA. These are the HUD HQS with a stipulation that the units must have the required City Rental License prior to our HRA having the unit inspected and being approved for the program. The City is under contract with the HRA to provide the HQS and other program inspections. Since Metro Council HRA units would be replaced by new Columbia Heights units, estimated that the following schedule would be met: 1st three months: 35 units 2nd three months: 50 units 3rd three month~: 50 units 4th three months: 50 units it is page Housing & Redevelopment Authority of Columbia Heights Commi~ionets EuselY, us Helntz Pmzic~ dlndm Brace Nawrocld Rlcha~ Du~n Donak~ J. Murzyn, dr. 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857 · (612) 782-2854 ADDENDUM TO HUD FORM 52515 (Application for existing housing) Currently the HRA of Columbia Heights has an existing Rental Voucher (51 units as of July, 1994) and Rental Certificate Program (123 units) through the Metropolitan Council HRAProgram. This 174 unit program is administered under contract with Metro HRA locally by the Columbia Heights HRA staff. The Columbia Heights staff also administers the City of Hilltop's two Certificate units (2-two bedroom). Due to desire for increased local control and eventual total local administration of the program in Columbia Heights, the HRA Board of Commissioners and City Council of Columbia Heights desire to have its own rental assistance program. Over a period of three years, the HRA would like to replace all of the 51 Vouchers (9-one bedroom, 23-two bedroom, 19-three bedroom); 109 Certificates (16- one bedroom, 59-two bedroom, 33-three bedroom and 1 four-bedroom); and 14 Moderate Rehab Program Certificates (4-one bedroom and 10- two bedroom) in Columbia Heights for our own vouchers/certificates. The need for the units is evidenced by the fact that we have over 2,493 rental type units out of the 8,045 dwelling units in the City. According to the 1990 U.S. Census Data, there were 1,143 families in Columbia Heights Who lived in rental units and paid 30% or more of their income for rent. There are 1,601 persons (661 families) who have imcomes of less than proverty level. (See attached Census Data in Appendix "A"). It does not appear that the situation has changed since the census was completed. As one can see in the census data, the majority of our housing units were built over 30 years ago. Our population is aging and we have a need for one bedroom units to assist the elderly in paying their rent in privately owned rental housing. Our 1990 Census Data shows that we have 4,033 (21.3%) residents who are 60 years of age or older. This compares to 2,938 (14.7%) in the 1980 Census. There is need for substantially more than the current 174 existing rental vouchers and certificates. However, at the current time the HRA and City desire to only replace units that Metro HRA has in Columbia Heights over a period of three years. This plan is in accordance with the HRA Goals for the past several years. Copies of the HRA Goals are attached as Appendix "B". dsltr Equal Opportunity Employer - 3 - Equal Housing Opportunity Agency RESOLUTION 94- RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA SUPPORTING HOUSING AND REDEVELOPMENT AUTHORITY (HRA) APPLICATION FOR HUD RENTAL~SSISTANCEpROGRAMUNITS TO REPLACE LIKE METRO COUNCIL HRAUNITSAND TO HAVE THE LOCAL HRA TOTALLY ADMINISTER THOSE UNITS. WHEREAS, currently the Housing and Redevelopment Authority of Columbia Heights (HRA) provides local administration for the 175 to 200 unit Rental Assistance Voucher and Certificate Program (Rental Assistance Program) under an administrative contract with the Metropolitan Council Housing and Redevelopment Authority (Metro HRA) and has done so since the start of the Rental Assistance Program (also, sometimes referred to as the "Section 8 Rental Assistance Program") in 1977; and WHEREAS, due to HRA and City desires to have more local control over the Rental Assistance Program and provide preference for residents of the City to receive assistance under the program; and WHEREAS, currently the HRA is receiving only $16.56 per unit of the $47.31 the Metro HRA receives from HUD for administering the units; and WHEREAS, the federal Department of Housing and Urban Development (HUD) has invited applications for new units under the Rental Assistance Program; and WHEREAS, a precedence has been set by the city of Richafietd and Washington County where they have, over a period of two to three years, set up their own programs (replaced Metro HRA units with new units received direct from HUD); and WHEREAS, an application has been prepared by HRA staff for an initial increment of 50 Rental Assistance Program units to replace 50 Metro HRA units and such an application is due to HUD by August 25, 1994; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that, subject to HRA Board of Commissioners formal approval, the city Council supports the application of the HRA for 50 Rental Assistance Program units for the city of Columbia Heights to be used to replace 50 ot the Metro HRA units. It is understood that within three years the HRA will (providing HUD provides the new units) replace all the Metro HRA Rental Assistance units with the Columbia Heights HRA providing total administration for the program in Columbia Heights. PASSED THIS DAY OF , 1994. OFFERED BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: JOSEPH STURDEVANT, MAYOR JO-ANN STUDENT, COUNCIL SECRETARY CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges August 9, 1994 Mr. Thomas Feeney, Area Manager Department of Housing and Urban Development 220 Second Street S. Minneapolis, MN 55401-2195 RE: HRA APPLICATION FOR 50 UNITS OF RENTAL ASSISTANCE PROGRAM VOUCHERS/CERTIFICATES (To replace Metro Council HRA units on one for one basis) Dear Mr. Feene~: The City of Columbia Heights supports the application of the Housing and Redevelopment Authority for 50 Rental Assistance Program Vouchers/ Certificates to replace 50 Metro Council HRA units in Columbia Heights. It is understood that the Metro Council HRA will then utilize the 50 turn back units elsewhere in the metro area. It is further understood that the HRA will be applying for units in future years until all Metro Council HRA units are replaced with Columbia Heights HRA units. Then the Columbia Heights HRA will have total'control of the Rental Assistance Program for the City of Columbia Heights subject to HUD rules. Sincerely, Joseph Sturdevant Mayor CC ' City Council HRA Commissioners "SERVICE IS OUR BUSINESS" FQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES ,NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES L% RESOLUTION 94- RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA SUPPORTING HOUSING AND REDEVELOPMENT AUTHORITY (HRA) APPLICATION FOR HUD RENTAL ASSISTANCE PROGRAMUNITS TO REPLACE LIKE METRO COUNCIL HRAUNITSAND TO HAVE THE LOCAL HRA TOTALLY ADMINISTER THOSE UNITS. WHEREAS, currently the Housing and Redevelopment Authority of Columbia Heights (HRA) provides local administration for the 175 to 200 unit Rental Assistance Voucher and Certificate Program (Rental Assistance Program) under an administrative contract with the Metropolitan Council Housing and Redevelopment Authority (Metro HRA) and has done so since the start of the Rental Assistance Program (also, sometimes referred to as the "Section 8 Rental Assistance Program") in 1977; and WHEREAS, due to HRA and City desires to have more local control over the Rental Assistance Program and provide preference for residents of the City to receive assistance under the program; and WHEREAS, currently the HRA is receiving only $16.56 per unit of the $47.31 the Metro HRA receives from HUD for administering the units; and WHEREAS, the federal Department of Housing and Urban Development (HUD) has invited applications for new units under the Rental Assistance Program; and WHEREAS, a precedence has been set by the city of Richafield and Washington County where they have, over a period of two to three years, set up their own programs (replaced Metro HRA units with new units received direct from HUD); and WHEREAS, an application has been prepared by HRA staff for an initial increment of 50 Rental Assistance Program units to replace 50 Metro HRA units and such an application is due to HUD by August 25, 1994; NOW, THEREFORE BE IT RESOLVED by the City Council of the city of Columbia Heights, Minnesota that, subject to HRA Board of Commissioners formal approval, the City Council supports the application of the HRA for 50 Rental Assistance Program units for the City of Columbia Heights to be used to replace 50 ot the Metro HRA units. It is understood that within three years the HRA will (providing HUD provides the new units) replace all the Metro HRA Rental Assistance units with the Columbia Heights HRA providing total administration for the program in Columbia Heights. PASSED THIS DAY OF , 1994. OFFERED BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: JOSEPH STURDEVANT, MAYOR JO-ANN STUDENT, COUNCIL SECRETARY Attached is the list of judges for the 1994 Primary and General elections and the resolution designating those judges and their hourly compensation, RECOMMENDED MOTION; Move to waive the reading of the resolution there being ample copies available for the public, RECOMMENDED MOTION; Move to adopt Resolution No. - Being a R~solution Designating Election Judges for the 1994 Primary and General Elections. COUNCIL ACTION: RESOLUTION NO. 94- BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR 1994 PRIMARY AND GENERAL ELECTIONS Pursuant to city Charter, Section 30 and M.S.S. 204A, the Council shall appoint, at least twenty-five (25) days before election, qualified voters in each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary Election to be held on September 13, 1994, and the General Election to be held on November 8, 1994, with an hourly remuneration of $ 9.50 for a head judge and $ 9.00 for an election judge. Passed this 8th day of August, 1994. Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 1994 ELECTION JUDGES - PRIMARY & GENEP~AL ELECTIONS Precinct #1 Faye Cleasby Darlene Bielejeski Eleanor Olsen Mona Lundholm Marion Urspringer Lorrie Nalezny ~recinct #2 Clara Shattuck Rose Ostrander Rose Wasut Phyllis Robinson Jan Peterson Fran Jensen Precinct #3 Muriel Nichols Laura Lindahl Veronica Larkin Anna Russell Jewel Thompson Betty Spratt Precinct #4 Helen Kersh Mary Jensen Averille Lestina Ann Kronstedt Gladys Zemke Olga Pawluk Precinct #5 Edna Miracle Louise Mosiman May Lyons Marilyn Zoerb Myrtle Layeux Ella Swanson Pat Gaynor 1994 Election Judges page 2 Precinct #6 Betty Jenkins Vonnie Seim Barbara Elrod Judy Lee Deloris Marquette Barb Karol Precinct #7 Kay Handley Carol White Karin Mattson Rose Corbett Anne Berzak Lillian Holtzlider Precinct Pat Jindra Mary Dowdle NorandaAnderson Marie Marquardt Joann Kewatt Anna Anderson CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: Ordinances & Resolutions ORIGINATING DEPT.: CITY MANAGER NO: 6 Planning and Zoning APPROVAL ITEM: Lotsplits, City of Columbia Heights BY: Evelyn Nygaard BY: ~ .~ / 7 NO: Case ~9408-36, 564-578 N.E. 38t DATE: August 4, 1994 The City of Columbia Heights is requesting approval of a combination and lotsplit of City owned lots located on 38th Avenue. The parcel consists of five (5), 35 foot lots (Lots 9, 10, 11, 12 and 13 of Block 89, Columbia Heights Annex to Mpls.) which will be combined and then split into Tracts A, B and C. The proposed lots would require variances to the required 60 foot width of 1.7 feet for Tracts A and B and 1.6 feet for Tract C. This rearrangement would result in three attractive, saleable lots. The Planning and Zoning Commission unanimously recommend approval of the combination and the lotsplits and recommend approval of the request for variances to the required 60 foot lot width of 1.7 feet for Tracts A and B and 1.6 feet for Tract C. RECOMMENDED MOTION: Move to waive the reading of Resolution 94- to the general public. , there being ample copies available RECOMMENDED MOTION: Move to approve Resolution 94- ; being a resolution approving a lotsplit of City owned lots located at 564-578 N.E. 38th Avenue and recommend approval of the request for variances to the required 60 foot lot width of 1.7 feet for Tracts A and B and 1.6 feet for Tract C. COUNCIL ACTION: ccag894.no4 CITY OF COLUMBIA HEIGHTS ~pplicatton For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval ~ ,, Site Plan Approval Other Fee, p3~ ,V~C Date Paid Receipt No: 1. Street Address of Subject Property: 564 570 572 a 578 38th Ave N.E. 2. Legal Description of Subject Property:_ (See Attached Certificate of Survey) Lots 13, 12, 11, 10 and 9 Block 89 Columbia Hei his Annex to Minnea o is Anoka Count Minnesota 4. Owner: 3. Applicant: % DSm Mcnnze~er, C~unity DevelopmenL Direckor Address~ 590 ~0th Ave N.E. Columbia Heights, MN 55~21 ~hone~ ?82-2855 Name: Citv Qf Columbia ~eicht~ Address: 590 40th Ave N.E. Columbia Heights, MN Phone: Due to lot widths only being 58.4 and 58.3 feet, variances from the 60 feet lot width 1.7 feet on new tracts A and B and 1.6 feet on new tra ' ' "" Zonin~ Applicable City Ordinance Number Present Zoning R-2 Present Use vacant Lots Section Proposed Zoning~ Proposed Use Sale By ~y Family Homes. Reason for Request~ The city desires to rearrange the four existinq Darcels into three attractive builda~ - -- I new Exhibits Submitted (maps, diagrams, etc.) As is ma~ (F~h~hit "A") confiqura%$on mad (Exhibit "B") and certification of survey' (Exhibit "C"). Acknowledgment and Signature: The undersigned hereby represents ~pon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights State of ~innesota and the laws of the Signature of ~ppltcant: ~ Date: 6-30-94 Donald Schn~mder · Community Development Director/ Taken By:_ City Planner CERT I F I CATE OF SURVEY o · IRON A$$U~ED DA~U~ KURTH SURVEYING. INC. 4002 JEFFERSON ST. N.E. COLUNiBIA ItF'IOHT5, liN. i612} 780-g76g FAX 16121 71~U-7602 NEW ADDRES'$'E-~?'-~-6-6--3-8?-F{ AVE. t ' t 572 38th AVE. -- G~,'"D- A LL_ 578 38TH AVE. '-T' ~.~, c-'-T "~" EXISTING LEGAL DESCRIPTION FOR 564 38TH AVENUE Lot 13, and the west 5 feet of Lot 12, Block 89, COLUMBIA HEZ(~{TS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota. ~×ZN"TZN~ LEGAL DESCRIPTION FOR 570 ~8TH Lot ll and Lot 12, except the west 5 feet, Block 89, CO~IAHEIGHTM ANNEX TO MINNEAPOLIS, AnokaCounty, Minnesota. ~XISTING LEGAL DESCRIPTION FOR 572 38TH AVENUE Lot 10, Block 89, COLUMBIA HEIGHTS ANNEX TO MzNNEAPOLIS, Anoka County, Minnesota. ~I~TI~'G LEC~L DESCRIPTION FOR 578 38~.~ AVENUE Lot 9, Block 89, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota. TRACT .A Lot 9 and the east 23.3 feet of Lot 10, Block 89, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota. Tha~ part of Lo~ 10 lying wes~ of the east 2~.~ £eet thereo~, all of LOt 11, and ?~e e~st 11.6 fee~ of LO~ 12, ~L1 iR ~1o~ 89, COLUMBIA HEI~tTS AB'NEX TO MINNEAPOLIS, Anoka County, Minnesota. That part of Lot 12, lying west of the east 11,6 feet thereof, and all of Lot 13, Block 89, COLUMBIA i~IGHTS ANNEX TO MINNEAPOLIS, Anoka County, MiD_n~sota. COLUMBIA HEIGHTS WILLIAM £LRITE OR ~T~D BY: ADDRESS City of Columbia Heights, Patrick Hentges, City Hanager 590 40th Avenue, Columbia Heights, MN 55421 CONTi~.CT PURCHASER ADDRESS INCLUDED: TO SPLIT Pr. SOLUTION NO. ~'END TAX STATEF23~T SAME PIN LEGAL DESCRIPTION 35 30 24 43 0058 35 30 24 43 0059 35 30 24 43 0024 35 30 24 43 0023 Lot 13, and the west 5 feet of Lot 12, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Lot 11 and Lot 12, except the west 5 feet , Block 89, Columbia Heights Annex to Hinneapolis, Anoka County, Minnesota. Lot 10, Block 89, Columbia Heights Annex to Hinneapolls, Anoka County, Hinnesot~ Lot 9, Block 89, Columbia Heights Annex to Hinneapolls, Anoka County, Minnesota. The above four parcels should be combined and then split according to the enclosed Resolution and survey. Patrick Hentges, City Hanager ---FOR AUDIT01~ OFF2CE 1]SE ONLY--- CONTIGUOUS XES OR NO DATE P. ECEIVED: FOR TAX~S PAYABLE IN RESOLUTION NO. 94 - SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40th AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Patrick Hentges, City Manager Hereby request a split of the following (to be) combined four parcels: 1. PIN 35 30 24 43 0058 - Lot 13, and the west 5 feet of Lot 12, Block 89, Columbia Heights Annex to Minneapolis, Anoka Coumty, Minnesota. 2. PIN 35 30 24 43 0059 - Lot 11 and Lot 12, except the west 5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 3. PIN 35 39 24 43 0024 - Lot 10, Block 89, Columbia Heights Annex to Minneapo- lis, Anoka County, Minnesota. 4. PIN 35 30 24 43 0023 - Lot 9, Block 89, Columbia Heights ~nnex to Minneapo- lis, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: TRACT A Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia Meights Annex to Minneapolis, Anoka County, Minnesota. TRACT B That part of Lot 10 lying west of the east 23.3 feet thereof, all of Lot 11, and the east 11.6 feet of Lot 12, all in Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. TRACT C That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Be it further resolved that there are no special assessments of record owed to the City of Columbia Heights. Any pending or future assessments will be levied according to the new split as approved this day. Any lot s~lit given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Recommended approval as proposed. This 2nd day of August , 1994. Offered by~ Larsom Seconded by: Fowler Roll Call~ All Ayes CITY COUNCIL ACTION: This day of Offered by: Seconded by: Roll Call: Signature o~wner, Notarized Patrick Hentges, City Manager 590 40th Ave.,Colurnbia Heights, MN Owner's Address Telephone No. SUBSCRIBED AND S~ORN TO BEFORE HE this 1st day of July , 1994 · Secretary to the Council Joseph Sturdevant, Mayor RESOLUTION NO. 94 - SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40th AVENUE N.E. COLU~BIA HEIGHTS, ~N 55421 I, Patrick Hentges, City Manager (to be) combined four parcels: Hereby request a split of the following 1. PIN 35 30 24 43 0058 - Lot 13, and the west 5 feet of Lot 12, Block 89, Columbia Heights Annex to Ninneapolis, Anoka County, Htnnesota. 2. PIN 35 30 24 43 0059 - Lot 11 and Lot 12, except the west 5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 3. PIN 35 39 24 43 0024 - Lot 10, Block 89, Columbia Heights Annex to Hinneapo- lis, Anoka County, Ninnesota. 4. PIN $5 30 24 43 0023 - Lot 9, Block 89, Columbia Heights Annex to Hinneapo- lis, Anoka County, Ninnesota. THE DESCRIPTION RENCEPORTH TO BE: TRACT A Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia Heights ~n~ex to Hinneapolis, Anoka County, Htnnesota. TRACT B That part of Lot 10 lying west of the east 23.3 feet thereof, all of Lot 11, and the east 11.6 feet of Lot 12, all in Block 89, Columbia Heights Annex to ~inneapolis, Anoka County, ~innesota. TRACT C That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Htnnesota. Be it further resolved that there are no special assessments of record owed to the City of Columbia Heights. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTHENT ACTION: Approval recommended includlng variances of 1.7 feet feb Tract A&B and a 1.6 foot variance on Tract This 2nd day of August , 19 Offered by~ Larson Seconded by~ Fowler Roll Call~ All Ayes go~ing O~'fice~/ / W CITY COUNCIL ACTION: This day of Offered by: Seconded by: Roll Call: , 19 Signature o~wner, Notarized Patrick HentEes, City ~anager 590 40th Ave.,Co]umb'|a He|ghts, MN Owner's Address Telephone No. 782-2815 SUBSCRIBED AND S~0RN TO BEFORE this 1st day of July , 19 Secretary to the Council Joseph Sturdevant, Mayor RESOLUTION NO. 94 - SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40th AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Patrick Hentges, City Manager Hereby request a split of the following (to be) combined four parcels: 1. PIN 35 30 24 43 0058 - Lot 13, and the west 5 feet of Lot 12, Block 89, Columbia Heights Annex to Hinneapolis, Anoka County, Minnesota. 2. PIN 55 30 24 43 0059 - Lot 11 and Lot 12, except the west 5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 3. PIN 35 39 24 43 0024 - Lot 10, Block 89, Columbia Heights Annex to Minneapo- lis, Anoka Coumty, Minnesota. 4. PIN 35 30 24 43 0023 - Lot 9, Block 89, Columbia Heights Annex to Minneapo- lis, Anoka county, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: TRACT A Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. TRACT B That part of Lot 10 lying west of the east 23.3 feet thereof, all of Lot 11, and the east 11.6 feet of Lot 12, all in Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. TRACT C That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka CoLlnty, Mi~u-lesota. Be it further resolved that there are no special assessments of record owed to the City of Columbia Heights. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING ~ ZONING DEPARTMENT ACTION: Approval re~ .o?n~n~ed i~clu~ing. variances ct I./ feet to~ mrac~ A~B and a 1.6 foot variance on Tract C. This 2n~. day of August , 19 94. Offered by: Larson Seconded by: Fowler Roll Call: All Ayes CITY COUNCIL ACTION: This day of Offered by: Seconded by: Roll Call: , lg Signature o~wner, Notarized Patrick Hentges, City Manager 590 40th Ave.,tolumb~a Heights, MM Owner's Address Telephone No. SUBSCRIBED AND S~0RN TO BEFOILE ME this ]st day of July , 199~. Secretary to the Council Joseph Sturdevant, Mayor CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS FIRE APPROVAL NO: 6 OR SUSPENSION BY: LOWELL DE MARS BY: ITEM: HEARING FOR REVOCATION OF RENTAL LICENSE - ESQUIRE PROPERTIES DATE: 8-4-94 DATE NO: 6 K Previously, the City Council established a hearing for revocation or suspension of rental license for Monday, August 8, 1994, regarding the rental property at 4628 and 4634 Tyler Street NE. Esquire Properties has submitted their application for renewal of their rental licenses along with the required fees and penalties. Esquire Properties are now in compliance with all sections of the Housing Maintenance Code. RECOMMENDED MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of Rental License for Esquire Properties at 4628 Tyler Street NE and 4634 Tyler Street NE and further authorize issuance of rental license for same in that it has complied with provisions of the Housing Maintenance Code, Section 5A.408. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 7 Fire ITEM: License Revocation, Rental Property BY: Lowell DeMars NO: "7~ DATE: Aug 2, t994 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against Mr. Larry Truehart regarding rental propery at 4156 Central Avenue NE. The property owner has failed to correct violations to bring property into compliance with Housing Maintenance Codes. The attachment summarizes violations. RECOMMENDED MOTION: Move to establish a hearing date of August 22, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Mr. Larry Truehart, regarding rental propery at 4156 Central Avenue NE. 94-113 Attachment I COtJNCm ACTION: I I I I~spe~tion Activity Report Inspection Date: O7-51-1994 Columbia Heights Fire Department 555 Mill Street N.E. Columbia Heights, MN 55421 Date: 07-28-1994 TO: TRUEHART, LARRY TRUEHART RESIDENTIAL PROP 11858 LONDON STREW~f BLAINE, MN 55449 COMPLIANCE ORDER Date of First Inspection: Date of Second Inspection: Inspection Officer: Property Address: 4156 CENTRAL AVENUE NE Pursuant to Chapter. 5A, Article !!! of the Columbia Heights Housing and M~i.n~n~e Code, the above noted property was inspected on - - and a final inspection performed on The following violations and/or deficiencies remain and continue to require corrective action: SEE VIOLATIONS LISTED BELOW NOTE: Pursuant to section 5A.305(1), any person to whom a Compliance Order is directed may appeal said order as set forth in Section 6.202(1) of the Cc!umbia Heights City Code. You have thirty (30) days from the date of this notice to correct all the violations herein noted, if said violations are n~ corrected within thirty (30) days, ~lease b the ~ _ o p!iance , Officer, will be petitioning the Columbia Heights City Council for revocation of your license to operate rental dwelling in Columbia Heights. An~ questions regarding this Compliance Order should be directed to d-~3~/ ~J~4W~-~ at 782-2835 weekdays between 8:00 a.m. and 4:30 p.m. Signature of Enforcement Officer CITY ORDINANCE 5A.2Oi.1.B tnsp Date Inspection Type Inspector !D/Name Follow Up Narrative of Inspector's Findinss Date 07-2!-1994 H.M.C.DLLOW-UP FINAL 17150 FIELD, MATTHEW D KITCHEN ~ORAGE. EACH UNIT MUST CONTAIN A COUNTER OR TABLE FOR DOD 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 COVE~D WITH SURFACES THAT ARE EASILY CLEANABLE AND THAT WILL NOT IMPART ANY TOXIC OR DELETERIOUS EFFECT TO FOOD. 08-!9-1994 CITY ORDINANCE 5A.207.I.B PROBLEM .... KITCHEN AREA CABINET AND COUTERTOP SURFACES NOT OF MATERIALS THAT ARE EASILY CLEANABLE CORRECTIVE A~TtON ..... SHALL APPLY FINISHING COATS OR MATERIALS THAT ARE EASILY CLEANABLE 07-21-1994 H.M.C.FOLLOW-UP FINAL 17150 FIELD, MATTHEW D SODDING - GROUND COVER .......... EVERY YARD OF ANY PREMISES ON ~IC~ A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND MAINTAINED LANDSCAPING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. i) SODDING AND GROUND COVER. ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY BUID!NGS, WHICH ARE NOT DEVOTED TO DRIVEWAYS, PARKING AREAS, SID~ALKS, 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. ii) SLOPES AND BERGS. FINAL GRADES WITH A SLOPE RATIO 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. BMR.MING USED TO PROVIDE THE REQUIRED SCREENING OF PAREtNG LOTS AND 6THER OPEN AREAS SHALL NOT HAVE SLOPES IN EXCESS OF THREE (3) TO ONE (iii) MAINTENANCE. ANY DEAD TREES, SHRUBS, GROUND COVERS, AND SODDING SHALL BE REPLACED IN ACCORDANCE WITH THIS CODE. ALL TRES OR OTHER VEGETATION ~tCH SPRING UP IN CREVICES BY FOUNDATIONS ~ST 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 t~EDtATELY ADJACENT TO ANY DRIVEWAY OR ROAD INTERSECTION IF SU~ LANDSCAPING WOULD INTERFERE WITH A MOTORIST'S VIEW OF THE STREET OR DADWAY OR WITH THE USE OF THE EASEMENT FOR !TS INTENDED PURPOSE. v) WEEDS. THE MAINTENANCE AND UPKEEP OF ALL LAWNS AND YARDS SHALL BE SUBJECT TO CHAPTER 4, ARTICLE It, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE, ~ICH IS INCORPORATED HEREIN BY REFERENCE. PROBLEMS...TREE STUMPS ON PROPERTY CORRECTIVE ACTION .... SHALL REMOVE ALL TREE STUMPS AT BELOW GROUND LEVEL. SOD AND MAINTAIN OR LANDSCAPE AREA CI'TY ORDINANCE 07-21-1994 H.M.C.FOLLOW-UP FINAL 17150 FIELP, MATTHEW D PROTECTED AGAINST VERMIN AND MODEMS AND SHALL BE KEPT IN SOUND CONDITION AND REPAIR, THE FOUNDATION ELEMENT SHALL ADEQUATELY SUPPORT THE BUILDING AT Ann POINTS. EVERY EXTERIOR WALL SHALL BE FREE OF STRUCTUPtL 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 ~tCH ADMIT RAIN OR ROOF DRAINAGE ANS SHALL BE ADEQUATE TO PREVENT RAIN WATER FDM CAUSING DAMPNESS IN THE WALLS, Ann EXTERIOR SURFACES, OTHER THAF DECK RESISTANT MATERIALS, SHALL BE COVERED BY PAINT OR OTHER PROTECTIVE COVERING OR TREATMENT ~ICH 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 tS LOOSE OR HAS FALLEN OUT, THE SURFACE SHALL BE PROTECTED AS HERETOFORE PROVIDED. PROBLEMS: 1 .... SIDING, SOFFIT, 'FACIA DETERIORATED 2 .... LOOSE AND DAMAGED BRICKWORK ON FRONT OF STRUCTURE CORRECTIVE ACTIONS: 1 .... SHALL REPLACE ROTTED WOOD, SCRAPE AND PAINT SDtNG, SOFFIT AND FACtA 2 .... SHALL REPAIR/REPLACE LOOSE AND DAMAGED BRICKWORK CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: '7 Fire ITEM: License Revocation, Rental Property BY: Lowell DeMars ./~ B~ ~_..~_] NO: DATE: Aug 2, 1994 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against Mr. William Lueck regarding rental propery at 4616/22 Tyler Street NE. The property owner has failed to correct violations to bring property into compliance with Housing Maintenance Codes. The attachment summarizes violations. RECOMMENDED MOTION: Move to establish a hearing date of August 22, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Mr. William Lueck, regarding rental propery at 4616/22 Tyler Street NE. 94-114 Attachment I COUNCIL ACTION: I 1 I Inspection Activity Report Inspection Date: 06-30-1994 Columbia Heights Fire Department 555 Mill Street N.E. Columbia Heights, MN 55421 Date: 08-03-1994 TO: WILLIAM LUECK LUECK APARTMENTS 1344 OSBORNE ROAD FRIDLEY, MN 55432 COMPLIANCE ORDER Date of First Inspection: Date of Second Inspection: Time: Time: Inspection Officer: Property Address: 4616 TYLER STREET NE Pursuant to Chapter SA, Article III of the Columbia Heights Housing and Maintenance Code, the above noted property was inspected on and a final inspection performed on The following violatio~-'an~/or deficiencies remain and continue to require corrective action: SEE VIOLATIONS LISTED BELOW NOTE: Pursuant to section 5A.305(1), any person to whom a Compliance Order is directed may appeal said order as set forth in Section 6.202(1) of the Columbia Heights City Code. You have thirty (30) days from the date of this notice to correct all the violations herein noted. If said violations are not corrected within thirty (30) days, please be advised that on the day of 19 , at , , Compliance Officer, will be petitioning the Columbia Heights City Council for revocation of your license to operate rental dwelling in Columbia Heights. Any questions regarding this Compliance Order should be directed to at 782-2835 weekdays between 8:00 a.m. and 4:30 p.m. Signature of Enforcement Officer CITY ORDINANCE 5A.20S.1.C Insp Date Inspection Type Inspector ID/Name Follow Up N~rY~tiw of Inspector's Findings Date 06-30-1994 H.N.C.FOLLOW-UP 1 17210 GORWAN, GARY C FLOORS, INTERIOR WALLS AND CEILINGS, EVERY FLOOR, INTERIOR WiLL AND CEILINH SHALL BE PROTECTED AGAINST THE PASSAGE AND HARBORAGE OF VERNIN AND RODENTS AND SHALL BE KEPT IN SOUND CONSITION AND GOOD REPAIR. EVERY FLOOR SHALL BE FREE OF LOOSE, WARPED, PROTRUDING OR ROTTED FLOORING NATERIALS. EVERY INTERIOR WALL AND CEILING SHALL BE WAINTAINED IN A TIGHT WEATHERPROOF CONDITION AND WAY NOT BE COVERED ~OLLY OR PARTIALLY BY TOXIC PAINT OR WATERIALS WITH A LASTING TOXIC EFFECT. EVERY TOILET ROOW AND BATHROON FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY WAtNTAINED tN A CLEAN STATE. 05-03-1994 Resolved CITY ORDINANCE 5A.201,l.B PROBLEN .... UNIT 1 .... [ITCHEN FLOOR DANAGED/DETERIORATED CORRECTIVE ACTION .... SHALL REPLACE KITCHEN FLOOR 06-30-1994 H.N.C.FOLLOW-UP I 17210 GORWAN, GARY C KITCHEN STORAGE. EACH UNIT WUST CONTAIN A COUNTER OR TABLE FOR FOOD PREPARATION AND WUST CONTAIN CABINETS AND/OR SHELVES FOR STORAGE OF EATING~ DRINKING AND COOKING EQUIPWENT 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 IWPART ANY TOXIC OR DELETERIOUS EFFECT TO FOOD. 08-03-1994 CITY ORDINANCE 5A.201,l.D PROBLEN .... UNIT 1 .... KITCHEN CUPBOARD DOOR WISSING CORRECTIVE ACTION .... SHALL REPLACE NISSING DOOR 06-30-t994 H.N.C.FOLLOW-UP 1 17210 GORWAN, GARY C TOILET FACILITIES. EVERY DWELINH UNIT SHALL CONTAIN A NONHABITABLE ROOW WHICH tS EQUIPPED WITH A FLUSH WATER CLOSET IN CONPLtANCE WITH 6,201(1). SUCH ROON SHALL HAVE AN ENTRANCE DOOR ~ICH AFFORDS PRIVACY. SAID FLUSH WATER CLOSET SHALL BE EQUIPPED WITH EASILY CLEANABLE SURFACES, SHALL BE CONNECTED TO AN APPROVED WATER SYSTEW THAT AT ALL TINES PROVIDES AN ADEQUATE ANOUNT OF RUNNING WATER UNDER PRESSURE TO CAUSE THE WATER CLOSET TO BE PROPERLY FUNCTIONING, AND SHALL BE CONNECTED TO THE CITY SEWER SYSTEW. 08-03-1994 CITY ORDINANCE 5A 202.1.C PROBLEN .... UNIT 1 .... BATHROON DOOR DOES NOT LATCH CORRECTIVE ACTION .... SHALL REPAIR/REPLACE 06-30-1994 H,N.C.FOLLOW-UP t 17210 GORNAN, GARY C ALL INGRESS, EGRESS AND INTERIOR DOORS SHALL BE KEPT FREE OF HOLES AND/OR PUNCTURES. 08-03-1994 CITY ORDINANCE PROBLEW .... UNIT 1 .... ENTRY DOOR DANAGED CORRECTIVE ACTION .... SHALL REPLACE DOOR. DOOR SHALL BE SOLID CORE AND HAVE DEADBOLT STYLE LOCK WITH THUNBTURN ON INSIDE 06-30-t994 H.N.C.FOLLOW-UP 1 17210 GORWAN, GARY C 5A.201.t.A KITCHEN SINK. EACH UNIT MUST CONTAIN A KITCHEN SINK IN GOOD WORKING 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, 08-03-1994 CITY ORDINANCE 5A.209,1 PROBLEM .... UNIT 2 .... KITCHEN SINK LEAKS CORRECTIVE ACTION .... SHALL REPAIR/REPLACE LEAKY PLUMBING 06-30-1994 H.M,C.FOLLOW-UP 1 17210 OORMAN, GARY C SMOKE DETECTION .......... NO PERSON SHALL OCCUPY AS AN O~ER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY ANY DWELLING OR DWELLING UNIT FOR THE PURPOSES OF LIVING, SLEEPINO, COOKING OR EATING THEREIN WHICH DOES NOT COMPLY WITH THE FOLLOWING REQUIREMENTS, TO-WIT: A) EVERY EXISTING DWELINO UNIT SHALL BE PROVIDED WITH SMOKE DETECTORS CONFORMINO TO U.B.C. STANDARD NO. 43-6. DETECTORS SHALL BE WOUNTED ON THE CEILING OR WALL AT A POINT CENTRALLY LOCATED IN THE CORRIDOR OR AREA GIVING ACCESS TO ROOWS USED FOR SLEEPING PURPOSES. WHERE SLEEPtNO ROOMS ARE ON AN UPPER LEVEL, THE DETECTORS SHALL BE PLACED AT THE CENTER OF THE CEILING DIRECTLY ABOVE THE STAIRWAY. ALL DETECTORS SHALLBE LOCATED tN ACCORDANCE WITH APPROVED MANUFACTURER'S INSTRUCTIONS, ~EN ACTUATED, THE DETECTOR SHALL PROVIDE AN ALARM tN THE D~LLINO UNIT OR GUEST ROOM. B) IN NEW CONSTRUCTION OF ANY DWELLING UNIT AND IN COMMON HALLWAYS AND OTHER COWMON AREASOF EXISTING UNITS, REQUIRED SMOKE DETECTORS SHALL RECEIVE THEIR PRIMARY POWER FROM THE BUILDING WIRING ~EN SUCH WIRING IS SERVED FROM A COMMERCIAL SOURCE, WIRINO SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVERCURRENT PROTECTION. C) NO PERSON, FIRM, OR CORPORATION HHALL TAMPER WITH ANY SWOKE DETECTION DEVICE. ANY PERSON, FIRM, OR CORPORATION PROVEN TO HAVE TAMPERED WITH ANY SWOKE DETECTION DEVICE SHALL BE GUILTY OF A PETTY MISDEMEANOR, AND UPON CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN TWO HUNDRED ($200,00) DOLLARS, 08-03-1994 CITY ORDINANCE SA 202.1.C PROBLEM .... UNIT 2 .... BATTERY REMOVED FROM SMOKE DETECTOR CORRECTIVE ACTION .... SHALL REPAIR/REPLACE SMOKE DETECTOR 06-30-1994 H.W.C.FOLLOW-UP 1 17210 OORMAN, GARY C ALL INGRESS, EGRESS AND INTERIOR DOORS SHALL BE KEPT FREE OF HOLES AND/OR PUNCTURES, 08-03-1994 CITY ORDINANCE SA.20~.I.C PROBLEM .... UNIT 2 .... HOLES IN BEDROOM DOOR CORRECTIVE ACTION .... SHALL REPLACE BEDROOM DOOR 06-30-1994 H,W.C.FOLLOW-UP 1 17210 GORWAN, GARY 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 CONSITION AND GOOD REPAIR, EVERY FLOOR SHALL BE FREE OF LOOSE, WARPED, PROTRUDINO OR ROTTED FLOORING MATERIALS. EVERY INTERIOR WALL AND CEILING SHALL BE MAINTAINED IN A TIOHT ~ATHERPROOF CONDITION AND MAY NOT BE COVERED {HOLLY OR PARTIALLY BY TOXIC PAINT OR 08-03-1994 MATERIALS WITH A LASTING TOXIC EFFECT, EVERY TOILET ROOM AND BATHROOM FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY MAINTAINED IN A CLEAN STATE. CITY ORDINANCE 5A.205,1.C PROBLBW .... UNIT 2 .... STYROFOAM PANELS OLUED TO CEtLINO CORRECTIVE ACTION .... SHALL SHEETROCK BATHROOW CEILtNO. STYROFOAM PANELS MAY NOT BE EXPOSED. CEtLINO MUST BE CLEANABLE AND WAtNTAINABLE 06-30-1994 H.M.C.FOLLOW-UP 1 t7210 OORWAN, OARY 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 HOUND CONSITION 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 ROOW AND BATHROOM FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY MAINTAINED IN A CLEAM STATE. 08-03-1994 CITY ORDINAMCE SA.209.I PROBLEM .... UNIT 4 .... KITCHEN FLOOR HAS DAMAGED TILES. UNWAINATIMABLE CORRECTIVE ACTION .... SHALL REPLACE DAWAOED KITCHEN FLOOR 06-30-1994 H.M,C.FOLLOW-UP 1 17210 GORMAN, GARY C SMOKE DETECTION .......... NO PERSON SHALL OCCUPY AS AN O~ER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY AMY DWELLING OR DWELLING UNIT FOR THE PURPOSES OF LIVINO, SLEEPING, COOKING OR EATINO THEREIN {q{ICH DOES NOT COMPLY WITH THE FOLLOWING REQUIREMENTS, TO-WIT: A) EVERY EXISTING D{ELtNO UNIT SHALL BB PROVIDED WITH SWOKE DETECTORS CONFORMING TO U.B.C. STANDARD NO. 43-6. DETECTORS SHALL BE MOUNTED OM THE CEILINO OR WALL AT A POINT CENTRALLY LOCATED IN THE CORRIDOR OR AREA HIVING 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 CEtLINO DIRECTLY ABOVE THE STAIRWAY. ALL DETECTORS SHALLBE LOCATED IN ACCORDAMCE WITH APPROVED MANUFACTURER'S INSTRUCTIONS. HEN ACTUATED, THE DETECTOR SHALL PROVIDE AN ALARM IN THE DWELLING UNIT OR GUEST ROOM. B) IN NEW CONSTRUCTION OF ANY D~LLtNO UNIT AND IN COMMON HALLWAYS AND OTHER COMWON AREAHOF EXISTING UNITS, REQUIRED SMOKE DETEC~RS SHALL RECEIVE THEIR PRIMARY POWER FROM THE BUILDING WIRING ~HEN SUCH WIRING IS SERVED FROM A COMMERCIAL SOURCE. WIRING SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVERCURRENT PROTECTION. C) NO PERSON, FIRM, OR CORPORATION SHALL TAMPER WITH ANY SWOKE DETECTION DEVICE. ANY PERSON, FIRM, OR CORPORATION PROVEN TO HAVE TAMPERED WITH ANY SMOKE DETECTION DEVICE SHALL BE OUILTY OF A PETTY WISDEMEANOR, AND UPON CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN TWO HUNDRED ($200.00) DOLLARS. 08-03-1994 CITY ORDINANCE 5A,209.1 PROBLEM .... UNIT 5 .... SMOKE DETECTOR MISSING CORRECTIVE ACTION .... SHALL REPLACE MtSStNO SMOKE DETECTOR 06-30-1994 H.M.C.FOLLOW-UP 1 17210 OORMAN, GARY C SMOKE DETECTION .......... NO PERSON SHALL OCCUPY AS AN O~ER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY ANY DWELLING OR DWELLINO UNIT FOR THE PURPOSES OF 08-03-t994 LIVING, SLEEPING, COOKING OR EATING THEREIN WHICH DOES NOT COMPLY WITH THE FOLLOWINO RBQUIRENBNTS, TO-WIT: A) EVERY EXISTING DWELING UNIT SHALL BE PROVIDED WITH SNORE DETECTORS CONFORMING TO U.E.C, STANDARD NO. 43-6. DETECTORS SHALL BE MOUNTED ON THE CEILING OR WALL AT A POINT CENTRALLY LOCATED tN THE CORRIDOR OR AREA GIVtNO ACCESS TO ROOMS USED FOR SLEEPING PURPOSES. ~HERE SLEEPING ROOMS ARE ON AN UPPER LEVEL, THE DETECTORS SHALL BE PLACED AT THE CENTER OF THE CEILING DIRECTLY ABOVE THE STAIRWAY. ALL DETECTORS SHALLBE LOCATED IN ACCORDANCE WITH APPROVED MANUFACTURER'S INSTRUCTIONS. KEN ACTUATED, THE DETECTOR SHALL PROVIDE AN ALARM IN THE DWELLING UNIT OR 6UEST ROOM. B) IN NEW CONSTRUCTION OF ANY DWELLING UNIT AND IN COMMON HALLWAYS AND OTHER COMMON AREASOF EXISTING UNITS, REQUIRED SMOKE DETECTORS SHALL RECEIVE THEIR PRIMARY POWER FROM THE BUILDING WtRINO WHEN SUCH WIRING IS SERVED FROM A COMMERCIAL SOURCE. WIRING SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVERCURRENT PROTECTION. C) NO PERSON, FIRM, OR CORPORATION SHALL TAMPER WITH ANY SMOKE DETECTION DEVICE. ANY PERSON, FIRM, OR CORPORATION PROVEN TO HAVE TAMPERED WITH ANY SMOKH DETECTION DEVICE SHALL BE GUILTY OF A PETTY NISDENEANOR, AND UPON CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN TWO HUNDRED ($200.00) DOLLARS. CITY ORDINANCE 5A 303.1 PROBLEM .... UNIT 6 .... BATTERY WISSING FROM SMOKE DETECTOR CORRECTIVE ACTION .... SHALL REPAIR/REPLACE SMOKE DETECTOR 06-30-1994 H.N.C.FOLLOW-UP i 17210 OORMAN, GARY C 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). 08-03-1994 CITY ORDINANCE ~A.205.~.C PROBLEM .... UNIT 7 ..... SUNABLE TO GAIN ENTRY FOR INSPECTION CORRECTIVE ACTION .... SHALL ARRANGE FOR INSPECTION OF THIS UNIT WITHIN SEVEN (7) DAYS FROM RECEIPT OF THIS NOTICE 06-30-1994 H.W.C.FOLLOW-UP 1 172i0 GORMAN, GARY 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 CONSITION 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 WAY NOT BE COVERED WHOLLY OR PARTIALLY BY TOXIC PAINT OR MATERIALS WITH A LASTtNO TOXIC EFFECT. EVERY TOILET ROOM AND BATHROOM FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY MAINTAINED IN A CLEAN STATE. 08-03-1994 CITY ORDINANCE 5A.205.t.C PROBLEM .... CARPETING IN HALLWAYS DETERIORATED CORRECTIVE ACTION .... SHALL REPLACE CARPETING IN HALLWAYS 06-30-1994 H.M.C.FOLLOW-UP 1 17210 GORMAN, GARY C FLOORS, INTERIOR WALLS AND CEILINGS. EVERY FLOOR, INTERIOR WALL AND CEILING SHALL BE PROTECTED AGAINST THE PASSAOE AND HARBORAGE OF VERMIN AND RODENTS AND SHALL BE KEPT IN SOUND CONSITION AND GOOD REPAIR. EVERY FLOOR SHALL BE FREE OF LOOSE, WARPED, PROTRUDING OR ROTTED FLOORING MATERIALS. 08-03-1994 EVERY INTERIOR WALL AND CEILING SHALL BE MAINTAINED IN A TIGHT WEATHERPROOF ¢ORDITION AND MAY NOT BE COVERED WHOLLY OR PARTIALLY BY TOXIC PAINT OR MATERIALS WITH A LASTING TOXIC EFFECT, EVERY TOILET ROOM AND BATHROON FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY MAINTAINED IN A CLEAN STATE, CITY ORDINANCE 5A.201.1,I PROBLEN .... FLOOR SURFACE INSIDE FRONT AND REAR BNTRY~AYS DETERIORATED CORRECTIVE ACTION .... SHALL REPLACE FLOOR COVERING 06-30-1994 H,M,C,FOLLO~'UP t 17210 GORNAN, GARY C ALL BUILDINGS AND/OR MAINTENANCE IMPROVEMENTS INSPECTED PURSUANT TO CHAPTER LA, THE HOUSING MAINTENANCE CODE, SHALL BE JUDGED AND INSPECTED IN ACCORDANCE ~ITH THE APPLICABLE UNIFORM BUILDING CODE AND UNIFORM FIRE CODE, AS FOLLOWS: (i) EXISTING INSTALLATION. BUILDINGS IN EXISTANCE 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 NET, AND ALL PARTS THEREOF, SHALL BE WAINTAINED IN A SAFE AND SANITARY CONDITION. ALL DEVICES OR SAFEGUARDS ~ICH ARE REQUIRED BY THE CODE SHALL BE MAINTAINED IN CONFORMANCE {tTH THE CODE EDITION UNDER ~ICH INSTALLED. 08-03-1994 CITY ORDINANCE SA 211.6 PROBLEM .... EXTERIOR STEPS HAVE SUNKEN AND PULLED AWAY FROM BUILDING CORRECTIVE ACTION .... SHALL REPLACE REAR EXTERIOR STEPS 06-30-1994 H.N.C.FOLLOW-UP I 17210 GORMAN, GARY C GARBAGE, RUBBISH AND RECYCLABLE MATERIALS, GARBAGE, RUBBISH AND RECYCLABLE MATERIALS SHALL BE REGULATED IN ACCORDANCE WITH CHAPTER 8, ARTICLE Iti OF THE COLUMBIA HEIGHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. 08-03-1994 CITY ORDINANCE 5A.201.1.I PROBLEM .... TRASH ALONG REAR FENCE CORRECTIVE ACTION .... SHALL REMOVE ALL TRASH AND DEBRIS FROM AREA AND PROVIDE GENERAL CLEANUP OF AREA 06-30-1994 B.W.C,FOLLOW-UP 1 17210 GORNAN, GARY C ALL BUILDINGS AND/OR MAINTENANCE IMPROVEMENTS INSPECTED PURSUANT TO CHAPTER SA, THE HOUSING MAINTENANCE CODH, SHALL BE JUDGED AND INSPECTED IN ACCORDANCE WITH THE APPLICABLE UNIFORM BUILDING ~DE AND UNIFORM FIRE CODE, AS FOLLOWS: (i) EXISTING INSTALLATION. BUILDINGS IN EXISTANCE AT THE TIME OF THE ADOPTION OF THE CODE WAY 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) WAtNTENANCE. ALL BUILDINGS AND STRUCTURES, BOTH EXISTING AND NEW, AND ALL PARTS THEREOF, SHALL BE WAINTAINHD 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 {HICH INSTALLED. 08-03-1994 CITY ORDINANCE 5A,207,1,E PROBLEM .... RETAINING WALL ALONG REAR FENCE LINE DETERIORATED CORRECTIVE ACTION .... SHALL REPAIR/REPLACE RETAINING WALL 06-30-1994 H,M,C,FOLLOW-UP 1 17210 GORNAN, GARY C FENCES, ALL FENCES AND SCREENING DEVICES SHALL BE BUILT AND REGULATED IN ACCORDANCE WIHT CHAPTER 6, ARTICLE IV OF THE COLUMBIA HEIGHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE, 08-03-1994 CITY ORDINANCE 5A.205.1.O PROBLEM .... FENCE ALONG REAR OF PROPERTY DAMAGED, LARGE HOLE CORRECTIVE ACTION .... SHALL REPAIR/REPLACE/REMOVE FENCE 06-30'1994 H.M.C.FOLLOW-UP I 17210 GORMAN, GARY C SAFE BUILDtNO ELEMENTS. EVERY FOUNDATION, ROOF, FLOOR, EXTERIOR WALL, INTERIOR WALL, CEILINO, 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. 08-03-1994 CITY ORDINANCE SA 20~.l.B PROBLEN .... PARKINO LOT DETERIORATED, HOLES CORRECTIVE ACTION .... SHALL REPAIR/RESURFACE PARKING LOT 06-30-t994 H.M.C.FOLLOW-UP 1 17210 OORWAN, GARY C WINDOWS, DOORS AND SCREENS. EVERY WINDOW, EXTERIOR DOOR AND HATCHWAY SHALL BE TIGHT AND SHALL BE KEPT IN OOOD REPAIR. EVERY WINDOW OTHER THAN A FIXED WINDOW SHALL BE CAPABLE OF BEtNO EASILY OPENED AND SHALL BE EQUIPPED WITH SCREENS BETWEEN MAY i AND SEPTEMBER 30, INCLUSIVE, OF EACH YEAR. EVERY WINDOW, DOOR AND FRAME SHALL BE CONSTRUCTED AND MAINTAINED tN SUCH RELATION TO THE ADJACENT WALL CONSTRUCTION AS TO COMPLETELY EXCLUDE RAIN, VERNtN, RODENTS, AND INSECTS FROM ENTERING THE BUILDING 08-03-1994 CITY ORDINANCE 5A.207.1.B PROBLEM .... DAMAGED GLASS, NORTH SIDE 2ND FLOOR WINDOW CORRECTIVE ACTtON...SHALL REPLACE DAMAGED GLASS 06'30'1994 H.N.C.FOLLOW-UP 1 17210 GORWAN, GARY C SODDING - GROUND COVER .......... EVERY YARD OF ANY PREMISES ON WHICH A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND MAINTAINED LANDSCAPING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. i) SODDING AND GROUND COVER. ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY BUIDINGS, 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. ii) SLOPES AND BERMS. FINAL GRADES WITH A SLOPE RATIO GREATER THAN THREE (3) TO ONE (I) WILL NOT BE PERMITTED WITHOUT SPECIAL APPROVED TREATMENT SUCH AS SPECIAL SEED MIXTURES OR REFORESTATION, TERRACING, OR RETAINING WALLS. BERWINO USED TO PROVIDE THE REQUIRED SCREENING OF PARKINO 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 08-03-1994 SHALL BE REPLACED tN ACCORDANCE WITH THIS CODE, ALL TREES OR OTHER VEGETATION ~[CH SPRING UP tN CREVICES BY FOUNDATIONS MUST BE PROMPTLY REMOVED TO AVOID STRUCTURAL DAMAGE, iv) PLACENENT OF PLANT NATERtALS, NO LANDSCAPING SHALL BE ALLOWED WITHIN ANY DRAINAGE UTILITY EASEWENTS, ROAD RIGHT-OF-WAY, OR INWEDIATELY ADJACENT TO ANY DRIVEWAY OR ROAD INTERSECTION IF SUCH LANDSCAPING WOULD INTERFERE WITH A NOTORIST'S VIEW OF THE STREET OR ROADWAY OR WITH THE USE OF THE EASEWENT FOR ITS INTENDED PURPOSE. v) WEEDS. THE MAINTENANCE AND UPKEEP OF ALL LAMS AND YARDS SHALL BE SUBJECT TO CHAPTER 4, ARTICLE II, SECTION 3 OF THE COLUMBIA HEtOHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. CITY ORDINANCE 5A.20?.l.B PROBLEN .... LANDSCAPED AREA IN FRONT OF PROPERTY DETERIORATED CORRECTIVE ACTION .... SHALL REPAIR/REPLAACE LANDSCAPING WHERE NEEDED 06-30-t994 H.M.C.FOLLOW-UP 1 17210 GORWAN, GARY C SODDING - GROUND COVER .......... EVERY YARD OF ANY PREWtSES ON WHICH A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND WAINTAINED LANDSCAPING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. i) SODDING AND GROUND COVER. ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE UUILDING AND ACCESSORY BUIDtNGS, WHICH ARE NOT DEVOTED TO DRIVEWAYS, PARKING AREAS, SIDEWALKS, OR PATIOS, SHALL BE SODDED OR LANDSCAPED WITH SHRUBS, TREES, GARDENS, OR OTHER ORNANENTAL LANDSCAPE MATERIALS. NO LANDSCAPED AREA SHALL BE USED FOR THE PARKING OF VEHICLES OR STORAGE OR DISPLAY OF NATERtAL$, SUPPLIES OR WERCHANDISE. ii) SLOPES AND BERNS. FINAL GRADES WITH A SLOPE RATIO GREATER THAN THREE (3) TO ONE (1) WILL NOT BE PERMITTED WITHOUT SPECIAL APPROVED TREATMENT SUCH AS SPECIAL SEED NIXTURES OR REFORESTATION, TERRACING, OR RETAINING WALLS. BERNING USED TO PROVIDE THE REQUIRED SCREENING OF PARKING LOTS AND OTHER OPEN AREAS SHALL NOT HAVE SLOPES IN EXCESS OF THREE (3) TO ONE (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 WUST BE PROMPTLY REMOVED TO AVOID STRUCTURAL DANAGE. iV) PLACEMENT OF PLANT MATERIALS. NO LANDSCAPING SHALL BE ALLOWED WITHIN ANY DRAINAGE UTILITY EASENENTS, ROAD RIGHT-OF-WAY, OR IWWEDIATELY ADJACENT TO ANY DRIVEWAY OR ROAD INTERSECTION IF SUCH LANDSCAPING WOULD INTERFERE WITH A NOTORIST'S VIEW OF THE STREET OR ROADWAY OR WITH THE USE OF THE EASENENT FOR ITS INTENDED PURPOSE. v) WEEDS. THE MAINTENANCE AND UPKEEP OF ALL LAMS AND YARDS SHALL BE SUBJECT TO CHAPTER 4, ARTICLE II, SECTION 3 OF THE COLUWBIA HEIGHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. 08-03-1994 CITY ORDINANCE PROBLEN .... LAWN HAS BARE AREAS CORRECTIVE ACTION .... SHALL SOD AND NAINTAIN BAREA AREAS OF LA~ 06-30-1994 H.W.C.FOLLOW-UP 1 17210' PEOBLEN .... UNIT 3 .... UNIT DOOR UNIDENTIFIED CORRECTIVE ACTION .... SHALL INSTALL UNIT ~WBER TO DOGE GOkNAN, GARY C 08-03-1994 Inspection Activity Report Inspection Date: 06-30-1994 Columbia Heights Fire Department 555 Mill Street N.E. Columbia Heights, 'MN 55421 Date: 08-03-' 1-9~4 TO: WILLIAM LUECK LUECK APARTMENTS 1344 OSBORNE ROAD FRIDLEY, MN 55432 COMPLIANCE ORDER Date of First Inspection: Date of Second Inspection: Time: Time: Inspection Officer: Property Address: 4622 TYLER STREET NE Pursuant to Chapter SA, Article III of the Columbia Heights Housing and Maintenance Code, the above noted property was inspected on an~ a final in_spg~.~jo~_performed~n The following violations and/or deficiencies remain and con{inUe to require corrective action: SEE VIOLATIONS LISTED BELOW NOTE: Pursuant to section 5A.305(1), any person to whom a Compliance Order is directed may appeal said order as set forth in Section 6.202(1) of the Columbia Heights City Code. You have thirty (30) days from the date of this notice to correct all the violations herein noted. If said violations are not corrected within thirty (30) days, please be advised that on the day of 19__, at , , Compliance Officer, will be petitioning the Columbia Heights City Council for revocation of your license to operate rental dwelling in Columbia Heights. Any questions regarding this Compliance Order should be directed to at 782-2835 weekdays between 8:00 a.m. and 4:30 p.m. Signature of Enforcement Officer CITY ORDINANCE 5t,209,1 Insp Date Inspection Type Inspector ID/Name R~r~tive o£ Inspector's Findings 06-30-1994 H,N,C,FOLLOW-UP 1 17210 GORNAN, GARY C 8NOKE DETECTION .......... NO PERSON SHALL OCCUPY AS AN OIlIER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY ANY DWELLING OR D~LLING UNIT FOR THE PURPOSES OF LIVING, SLEEPING, COOKING OR EATING THEREIN ~ICH DOES NOT CONPLY WITH THE FOLLOWING REQUIRENENTS, TO-WIT: A) EVERY EXISTING DWELtNG UNIT SHALL BE PROVIDED WITH SNOKE DETECTORS CONFORWING TO U.B.C. STANDARD NO. 43-6. DETECTORS SHALL BE WOUNTED ON THE CEILING OR WALL AT A POINT CENTRALLY LOCATED IN THE CORRIDOR OR AREA GIVING ACCESS TO ROONS USED FOR SLEEPING PURPOSES. WHERE SLEEPING ROOWH ARE ON AN UPPER LEVEL, THE DETECTORS SHALL BE PLACED AT THE CENTER OF THE CEILING DIRECTLY ABOVE THE STAIRWAY, ALL DETECTORS SHALLBE LOCATED IN ACCORDANCE WITH APPROVED NANUFACTURER'$ INSTRUCTIONS. WHEN ACTUATED, THE DETECTOR SHALL PROVIDE AN ALARN IN THE DWELLING UNIT OR GUEST ROOW. B) IN NEW CONSTRUCTION OF ANY DWELLING UNIT AND IN CONNON HALLWAYS AND OTHER CONNON AREASOF EXISTINH UNITS, REQUIRED SWOKE DETECTORS SHALL RECEIVE THEIR PRINARY POWER FRON THE BUILDING WIRING ~HEN SUCH WIRING IS SERVED FRON A CONNERCIAL SOURCE. WIRING SHALL BE PERNANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVERCURRENT PROTECTION. C) NO PERSON, FIRW, OR CORPORATION SHALL YAWPER WITH ANY SNOKE DETECTION DEVICE. ANY PERSON, FIRN, OR CORPORATION PROVEN TO HAVE TAWPERED WITH ANY SWOKE DETECTION DEVICE SHALL BE GUILTY OF A PETTY WtSDENEANOR, AND UPON CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE OF NOT WORE THAN TWO HUNDRED ($200.00) DOLLARS. Follow Up Date 08-0~-1994 CITY ORDINANCE 5A.20S.1.C PROBLEN .... UNIT 3 .... HNOKE DETECTOR WISHING CORRECTIVE ACTION .... SHALL INSTALL HWOKE DETECTOR 06-30-1994 H.W.C.FOLLOW-UP I 17210 GORWAN, GARY C FLOORS, INTERIOR WALLS AND CHILINGS. EVERY FLOOR, INTERIOR WALL AND CEILINH SHALL BE PROTECTED AGAINST THE PASSAGE AND HARBORAGE OF VERWIN AND RODENTS AND SHALL BE KEPT IN SOUND CONSlTION AND HOOD REPAIR. EVERY FLOOR SHALL BE FREE OF LOOSE, WARPED, PROTRUDING OR ROTTED FLOORING NATERIALS. EVERY INTERIOR WALL AND CEILING SHALL BE WAtNTAINED IN A TIG~ WEATHERPROOF CONDITION AND NAY NOT BE COVERED ~HOLLY OR PARTIALLY BY TOXIC PAINT OR NATERIALH WITH A LASTINU TOXIC EFFECT. EVERY TOILET ROOW AND BATHROON FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY NAtNTAtNED IN A CLEAN STATE. 08-03-1994 CITY ORDINANCE 5A 202.1.C PROBLEN .... UNIT 3 .... SOAP TRAY NISSING FRON WALL OF SHOWER CORRECTIVE ACTION .... SHALL REPLACE NtS$INU SOAP TRAY 06-30-1994 H.N.C.FOLLOW-UP 1 17210 GORNAN, GARY C ALL INGRESS, EGRESS AND INTERIOR DOORS SHALL BE KEPT FREE OF HOLES AND/OR PUNCTURES. 08-03-1994 PROBLEW .... UNIT 6 .... UNIT ENTRY DOOR DAWAGED CORRECTIVE ACTION .... SHAL REPLACE UNIT DOOR. REPLACENENT DOOR SHALL CITY ORDINANCE 5A,209,1 SOLID CORE AND HAVE DEADBOLT LOCK 06-30-1994 H.M.C.FOLLOW-UP 1 17210 GORNAN, GARY C SMOKE DETECTION .......... NO PERSON SHALL OCCUPY AS AN OWNER-OCCUPANT OR LET TO ANOTHER FOR OCCUPANCY ANY DWELLING OR DWELLING UNIT FOR THE PURPOSES OF LIVING, SLEEPING, COOKING OR EATING THEREIN WHICH DOES NOT COMPLY WITH THE FOLLOWING REQUIREMENTS, TO'WIT: A) EVERY EXISTING DWELING UNIT SHALL BE PROVIDED WITH SMOKE DETECTORS CONFORMING TO U.B.C. STANDARD NO. 43-6. DETECTORS SHALL BE MOUNTED ON THE CEILING OR WALL AT A POINT CENTRALLY LOCATED IN THE CORRIDOR OR AREA GIVING ACCESS TO ROOMS USED FOR SLEEPING PURPOSES. WHERE SLEEPING ROOMS ARE ON AN UPPER LEVEL, THE DETECTORS SHALL BE PLACED AT THE CENTER OF THE CEILING DIRECTLY ABOVE THE STAIRWAY. ALL DETECTORS SHALLBE LOCATED IN ACCORDANCE WITH APPROVED NANUFACTURER'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 AREASOF EXISTING UNITS, REQUIRED SMOKE DETECTORS SHALL RECEIVE THEIR PRIMARY POWER FROM THE BUILDING WIRING ~EN SUCH WIRING tS SERVED FROM A COMMERCIAL SOURCE. WIRING SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVERCURRENT PROTECTION. C) NO PERSON, FIRM, OR CORPORATION SHALL TAMPER WITH ANY SMOKE DETECTION DEVICE. ANY PERSON, FIRM, OR CORPORATION PROVEN TO HAVE TAMPERED WITH ANY SMOKE DETECTION DEVICE SHALL BE GUILTY OF A PETTY MISDEMEANOR, AND UPON CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN TWO HUNDRED ($200,00) DOLLARS. 08-03-1994 CITY ORDINANCE 5A,205.1,C PROBLEM .... UNIT 4 .... SMOKE DETECTOR DAMAGED CORRECTIVE ACTION .... SHALL REPLACE SMOKE DETECTOR 06-30-1994 H.W,C,FOLLOW-UP 1 17210 GORMAN, GARY 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 CONSITION AND GOOD REPAIR. EVERY FLOOR SHALL BE FREE OF LOOSE, WARPED, PROTRUDING OR ROTTED FLOORING MATERIALS, EVERY INTERIOR WALL AND CEILING SHALL BE MAINTAINED tN A TtOHT WEATHERPROOF CONDITION AND MAY NOT BE COVERED WIIOLLY 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, 08-03-1994 CITY ORDINANCE 5A,205.1.C PROBLEM .... LAUNDRY ROOM .... TILES MISSING FROM WINDOW LEDGE CORRECTIVE ACTION.,. SHALL REPLACE MISSING TILES 06-30-1994 H.M.C,FOLLOW-UP 1 17210 GORMAN, GARY 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 CONSITION 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. 08-03-I994 CITY ORDINANCE 5A,20~,1,C CORRECTIVE ACTION .... SHALL REPLACE ~LOOR COVERING 06-30-1994 H.N.C.FOLLOW-UP I 17210 OORNAN, GARY C FLOORS, INTERIOR WALLS AND CEILINHS. EVERY FLOOR, INTERIOR WALL AND CEILIN6 SHALL BE PROTECTED AHAINST THE PASSAGE AND HARBORAHE OF VERNIN AND RODENTS AND SHALL BE KEPT IN SOUND CONSlTION AND HOOD REPAIR. EVERY FLOOR SHALL BE FREE OF LOOSE, WARPED, PROTRUDING OR ROTTED FLOORING WATERIALS. EVERY INTERIOR WALL AND CEtLINH SHALL BE NAtNTAINED IN A TIHHT WEATHERPROOF CONDITION AND WAY NOT BE COVERED WIiOLLY OR PARTIALLY BY TOXIC PAINT OR WATERIALS WITH A LASTING TOXIC EFFECT. EVERY TOILET ROON AND BATHROOW FLOOR SURFACE SHALL BE CAPABLE OF BEING EASILY NAINTAINED IN A CLEAN STATE. 08-03-1994 CITY ORDINANCE SA 205.1,B PROBLEW .... HALLWAY CARPETING OLD/DETERIORATED CORRECTIVE ACTION .... SHALL REPLACE DETERIORATED CARPETtNH 06-30-1994 H.W.C,FOLLOW'UP t 17210 GORWAN, GARY C WINDOWS, DOORS AND SCREENS. EVERY WINDOW, EXTERIOR DOOR AND HATCHWAY SHALL BE TIHHT AND SHALL BE [EPT IN HOOD REPAIR. EVERY WINDOW OTHER THAN A FILED WINDOW SHALL BE CAPABLE OF BEINH EASILY OPENED AND SHALL BE EQUIPPED WITH SCREENS BETWEEN WAY 1 AND SEPTENBER 30, INCLUSIVE, OF EACH YEAR. EVERY WINDOW, DOOR AND FRAWE SHALL BE CONSTRUCTED AND WAINTAINED IN SUCH RELATION TO THE ADJACENT WALL CONSTRUCTION AS TO CONPLETELY EXCLUDE RAIN, VERWIN, RODENTS, AND INSECTS FROW ENTERING THE BUILDING 08-03-1994 CITY ORDINANCB SA.203.1.D PROULEW .... DAWAOED GLASS IN WINDOWS, 2ND FLOOR REAR AND 2ND FLOOR SOUTH SIDE CORRECTIVE ACTION .... SHALL REPLACE DAWAGED OLASS 06-30-1994 H.W.C.FOLLOW-UP 1 17210 GORWAN, HARY C ELECTRICAL SERVICE, OUTLETS AND FIXTURES. EVERY DWELLING UNIT AND ALL PUBLIC AND COWWON 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 WAINTAINED IN A SAFE WORKING CONDITION AND WHICH SHALL BE CONNECTED TO I SOURCE OF ELECTRIC POWER IN A WANNER PRESCRIBED BY 6.201(1). TUB NINI~UN CAPACITY OF SUCH ELECTRICAL SERVICE AND THE WINIWUW NUWBER OF ELECTRIC OUTLETS AND FIXTURES SHALL BE AS FOLLOWS: (i) A DWELLINO CONTAINING TWO OR WORE 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) SQUARE FEET OF DWELLING UNIT FLOOR AREA. (iii) EVERY HABITABLE ROOW SHALL HAVE AT LEAST THE LESSOR OF TWO FLOOR OR WALL TYPE ELECTRIC CONVENIENCE OUTLETS OR ONE SUCH OUTLET FOR EACH SIXTY (60) SQUARE FEET OR FRACTION THEREOF OF TOTAL FLOOR AREA; PROVIDED, HOWEVER, THAT ONE CEILING OR WALL-TYPE LIHHT FIXTURE WAY BE SUBSTITUTED FOR ONE REQUIRED ELECTRIC OUTLET. (iv) EVERY WATER CLOSET COWPARTWENT, BATHROOM, KITCHEN, LAUNDRY ROOW, AND 08-03-1994 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. (¥) EVERY PUBLIC HALL AND STAIRWAY IN EVERY RENTAL DWELLING SHALL BE EFFECTIVELY ILLUNINATED BY NATURALOR ELECTRIC LIGHT AT ALL TIMES. IN STRUCTURES CONTAINING NOT MORE THAN TWO DWELLINU UNITS, CONVENIENTLY LOCATED FUNCTIONING LIGHT SWITCHES CONTROLLING AN ADEQUATE FUNCTIONING LIGHTING SYSTEN ~ICH MAY BE TURNED ON WHEN NEEDED MAY BE SUBSTITUTED FOR FULL-TIME LIGHTING. CITY ORDINANCE 5A.207.1.B PROBLEM .... EXPOSED WIRING ~dERE ELECTRICAL MAST ENTERS HOUSE CORRECTIVE ACTION .... SHALL REPAIR/REPLACE EXPOSED WIRING 06-30-1994 H.N,C.FOLLOW-UP 1 17210 GORMAN, GARY C SODDING - GROUND COVER .......... EVERY YARD OF ANY PREMISES ON WHICH A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND NAINTAINED LANDSCAPING IN ACCORDANCE WITIt THE PROVISIONS OF THIS SECTION. i) SODDING AND GROUND COVER, ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY BUIDINGS, 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 NATERIALS, SUPPLIES OR MERCHANDISE. ii) SLOPES AND BERNS, FINAL GRADES WITH A SLOPE RATIO 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 THE REQUIRED SCREENING OF PARKING LOTS AND OTHER OPEN AREAS SHALL NOT HAVE SLOPES IN EXCESS OF THREE (~) TO ONE (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 ti, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. 08-03-1994 CITY ORDINANCE 5A,20?,l,B PROBLEN .... LAWN HAS BARE AREAS CORRECTIVE ACTION ..... SHALL SOD AND MAINTAIN BARE AREAS OF LAWN 06-30-1994 H,M,C,FOLLOW-UP 1 17210 UORMAN, OARY C SODDINO- GROUND COVER .......... EVERY YARD OF ANY PREWISES ON WHICH A D~LLINO OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND MAINTAINED LANDSCAPING tN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 08-03-1994 il SODDING AND GROUND COVER, ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY BUIDINGS, WHICH ARE NOT DEVOTED TO DRIVEWAYS, PARKING AREAS, SIDEWALKS, OR PATIOS, SHALL BE SODDED OR LANDSCAPED WITH SHRUBS, TREES, GARDENS, OR OTHER ORNAMENTAL LANDSCAPE NATERIALS. NO LANDSCAPED AREA SHALL BE USED FOR THE PARKING OF VEHICLES OR STORAGE OR DISPLAY OF MATERIALS, SUPPLIES OR MERCHANDISE. ii) SLOPES AND BERMS, FINAL GRADES WITH A SLOPE RATIO GREATER THAN THREE (3) TO ONE (1) WILL NOT BE PERMITTED WITEOUT SPECIAL APPROVED TREATMENT SUCH AS SPECIAL SEED MIXTURES OR REFORESTATION, TERRACINO, OR RETAINING WALLS. BERMING USED TO PROVIDE THE REQUIRED SCREENING OF PARKING LOTS AND OTHER OPEN AREAS SHALL NOT HAVE SLOPES IN EXCESS OF THREE (3) TO ONE (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 tN 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 It, SECTION 3 OF THE COLUWBIA HEIGHTS CITY CODE, WHICH IS INCORPORATED HEREIN BY REFERENCE. CITY ORDINANCE 10.302 CITY ORDINANCE 5A.20?.l.B PROBLEM .... HILL IN REAR OF PROPERTY DETERIORATED, ACCUMULATION OF TRASH CORRECTIVE ACTION .... SHALL PROVIDE GENERAL CLEANUP OF AREA AND MAINTAIN LANDSCAPINO OF AREA 06-30-1994 H.M.C.FOLLOW-UP t 17210 OORNAN, GARY C PROBLEM .... BREAKER BAR MISSING ON FIRE EXTINGUISHER CABINET, 2ND FLOOR CORRECTIVE ACTION .... SHALL REPLACE MISSING BREAKER BAR 06-30-1994 H.M.C.FOLLOW-UP 1 17210 GORMAN, GARY C SODDING ' GROUND COVER .......... EVERY YARD OF ANY PREMISES ON WHICH A DWELLING OR DWELLING UNIT IS LOCATED SHALL HAVE INSTALLED AND MAINTAINED LANDSCAPING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. i) SODDING AND GROUND COVER. ALL EXPOSED GROUND AREA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY BUIDINOS, 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. ii) SLOPES AND EERNS. FINAL GRADES WITH A SLOPE RATIO GREATER THAN THREE (3) TO ONE (1) WILL NOT BE PERMITTED WITEOOT SPECIAL APPROVED TREATMENT SUCH AS SPECIAL SEED MIXTURES OR REFORESTATION, TERRACING, OR RETAINING WALLS. BERNING USED TO PROVIDE THE REQUIRED SCREENING OF PARKING LOTS AND OTHER OPEN AREAS SHALL NOT HAVE SLOPES IN EXCESS OF THREE (3) TO ONE (1). 08-03-1994 08-03-1994 (iii) MAINTENANCE, ~Y DEAD TREES, SHRUBS, GROUND COVERS, AND SODDING SHALL BE REPLACED IN ACCORDANCE WITH THIS CODE. ALL TREES OR OTHER VEGETATION WHICH SPRING UP tN 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 IMWEDIATELY 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 I8 INCORPORATED HEREIN BY REFERENCE, PROBLEM .... LANDSCAPE AREA IN FRONT OF PROPERTY DETERIORATED CORRECTIVE ACTION .... SHALL PROVIDE GENERAL CLEANUP OF AREA AND MAINTAIN LANDSCAPING OF AREA CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 7 Fire ITEM: License Revocation, Rental Property BY: Lowell DeMars ~ B Y~ ~ NO: 7 ~--_~ DATE: Aug 2, 1994 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against Mr. Kunal Kamran and Mrs. Viver Kamran regarding rental propery at 2215-45th Avenue NE. The property owners have failed to correct violations to bring property into compliance with Housing Maintenance Codes. The attachment summarizes violations. RECOMMENDED MOTION: Move to establish a hearing date of August 22, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Mr. Kunal Kamran and Mrs. Viver Kamran, regarding rental propery at 2215-45th Avenue NE. 94-112 Attachment i COUNCIL ACTION: 1 Inspection Activity Report Inspection Date: 07-22-1994 Columbia Heights Fire Department 555 Mill Street N.E. Col~mbia Heights, MN 554~1 Date: 07-2B-1994 TO: KUNAL - VIVER KAMRAN ~ SINGT,~. FAMILY RENT 1760 LAKE STRKET ST. PAUL, MN 55113 COMPLIANCE ORDER Date of First inspection: Date of Second Inspection: Inspection Officer: ~ o~.~operty~ Address: 22!5 45TH AVENLrE NE Time: //00 Time: ///~o~ Pursuant to Chapter 5A, Article III of the Columbia Heights Housing and Maintenance Code, the above noted property~ was~ ~nspected_, '~2-~'~°n _ ~-/c/_~c/ and a final inspection perfo.me~ on The following violations and/or deficiencies remain e~ud continue to require corrective action: SEE VIOLATIONS LISTED BELOW NOTE- Pursuant to section 5A.305(1), any person to whom a dz.e~t~a may appeal said order == set forth in Section ~ 202(L~ of the Col~bia Heights City Code. violations herein noted. ~,~ ~l~ vicl~_ticn~ ur~ not ~r~= thirtv 'S~) ~Z'~ please be advised that on the ~~._~=~' of , z~y Ccunci! for r=v,~c=+icn · ~= be ~=+~*~'= the Co~b~ Heights C'+ of your license to operate rental d .... 3 ~n= in ~ i~bia Any Auestions_regar~ing this ~ ~ ~=n~= Order should be ,-directed ~nd 4:30 p.m. PROBER Chief Col u~rnbia PROPER~Y ID: 10073 3CC~JF'ANCY ID: ! INSPECTION DATE: 07-22-!994 DATE/NEXT INSP: V±o!etio~ Number Res!v? Heights Fire Violations Department inspection uRu,.,,;~A~Iu~ NA~E: ,,~H.,Am o~'~ ,.~,.,~ OCCU? CONTACT: KAHRAN, KUNAL - ViVER tNS°ECTiON TYPE: 95 START TI~E: !100 FINISH TIME: o ~'~ DISTRICT: 0~-~?-19,4 ~N~P ~- . .........~'~' Date !nsoa:tion FURNISH A S~UVE !NSTALL~'T~CN ~ND u~.n~ ~O~ THE~u¥~ ,, ~ RE:Et~ERATOR Details: o~ ....~ ~'T~r~ RANGE DOES NOT WORK, SAS LEAKS, TSNA~T HAS T~LKED TO ON,ER n~ pRn~ERTY N!TH NO SOLUTION TO ~ROBL? LEAK~ ~,~T~E, SINK. EACH UNIT MUST C~,~,R:K A KITCHEN S~N~. IN ROOD .OR~,I ,o CONNECTED TO AN APPROVED MASER o o~,, v ....... ~, SYSTEH ANO ~H~.H PROVIDES AT ALL TTM~S AN ADEQUATE R~N,~.N~ WATER uND=R PRESSURE AND WHICH z= .. u~Z~ ~ ~' ~,'T"R ~ur~nur CONNECTED Tb 08-!9-!994 5 Violation Details: · .,{~,C~.t, SiNK DRAIN LEAKS .. R:r~.~: KITCHEN DRAIN WINDOWS~ DOORS AND SCREENS, EVERY WINDO~ EXTERIOR DOOR AND HATCHWAY SHALL BE TIGHT AND SH~LL BE KEPT IN REPAIR. EVERY W!NDO~ OTHER THAN FIXED ~INDOW SHALL BE CPPAB;E OF BEt~G EASIS¥ OPENED AND SHALL BE E~UI~?ED WiTH SCREENS BETWEEN NAY I AND SEPTEMBER 50, INCLUSIVE. OF E4CH YEAR. EVERY ~I~DD~, DO~B A~ FRAME S~ALL BE CONSTEUC~ED AND MAiNTAiNED iN SUCH RELATIO~ TO THE ENTERING THE B~iLDif;~, PROBER Chief ~ ~:::~ ~ ~_~ b Heig h, ts Fire Violations by Fi' r ,'.::, m D,.':',. ~'. ¢.', :~ ':} 7 --2. ~':':-"' L 'ii:' ""?' ,:ii De partment Inspection 'To, D ,, .1. ,:.:.:, ::. ()7'..-.'.'2~2".' :i. ??,:i pROPERTY NA%/DESC~ 22t5 45TH .... ~ ~ NA~E: ..... SINGLE FAMILY RENTALS !NSPECT!O~ TYFE~ 95 DATE/~EXT INSP: YSolation Number Resl¥? · " *-~' ~ Code Sec ..................................................... r~RG~ NU~MR: Re~e~:d, . ... To LtF Date Citmtio~ REPLACE DAMAGED STO~ D~, SHALL ~¢~:,0~ EFFECtiVELY A SAFE~ DRO~L~ ..... ~LUOK D~ t~ D~q~=~? B~XKS UP WHEN DTHE~ DD~Rq A~E ~Ei~E ~-~ Violation D~tails~ S~FE BUiLDI~O ELEMENTS, EVERY FO~NDATiON~ ROOF~ FLOOR~ EXTER!CR WALL, I~TERiOR ~ALL~ CEILiN~ INSIDE STAIR. OUTSIDE ST~!R? PORCH~ ~ALCONY AND EVERY APPURTENANCE TO EACH OF THE FOREGOIN~ SHALL BE SAFE TO USE AND CAPABLE O~ SUPPORTiKS NORMAL STRUCTURAL LOADS, 0~-i9-~9~4 5 Violation Detmils; DRCBLE~ ..... HAND ~=,~ ,~ 2RD FLCOP . .. COF;RECTiVS ACTtOK ..... SHALL REPAiR/REPLACE HARD R~ZL CiTY ORDINANCE 5A.209,! 07-28-1994 ~O PERSON SHALL OCCUPY AS AN OWNER-OCCUPAnT DR LET TO ANOTHER FOR ~CCUPAN£Y ANY DWELLING 0~ DWELLING UN:T FUR THE PURPOSES OF LiVZNS~ SLEEPING. COOKING OR EATING THEREIN WHICH DOES NST COMPLY ~!TE THE FOLLCWING REQU!REMERTS~ TO-~IT: A) EVERY EXISTING DWELING UNIT SHALL BE PRDV!DED WITH SMOKE DETECTORS CDNPORHING TO STANDARD NO. ~5-6. DETECTORS SHALL BE MOUNTED ON THE CEILING OR WALL AT A POINT CENTRALLY LOCATED IN THE CORRIDOR OR AREA GIVING ACCESS TO RDOMS USED ~OR SLEEPING PURPOSES. WHERE SLEEPING ROOMS ARE O~ AN UPPER LEVEL~ THE DETECTORS SHALL BE PLACED AT THE CENTER OF THE CEILING DIRECTLY ABOVE THE STAIRWAY, ALL DETECTDRS GHALLBE LOCATED IN ACCORDANCE WiTN APPROVED MAnUfACTURER'S INSTRUCT!ORS, WHEN ACTUATED~ THE DETECTOR SHALL PFOV!DE A~ ALARM !~ THE D~ELLiNG "~"? - ...... u;~,~ OR GU~D~ ..... ~ UNITS. RECEIVE THEIR DpT~Pv POWER FPn~ TM~ BUiLDiNG ELD~i~b ~U~n:~ G~C~= DETECTORS SHALL ............ ,,,- WIRING WHEN ..... ' WIRING I~ SERVED ~ROM PRO~ER ChieY Col Ltmbia Heights Fire Deoar~-ment. _ _ Violations by Inspection P,,UP=n ¥ I~: ~V,.~, PROPERTY ~,~,~r-u=.~-'r'.~y ID: ~, n.q'r.~.~ ZAT 10No:,o~.. N~ME:.. KAMRAN SiNgLE ~A~ILY R~N ~ w.== ~'~rT~O~ DATE: 07-22-!9~ ..... ~-~ ~P~ ~u~.u~: KA~RAN, ~U~,~u V!VER T~M~, It00 ~,~H START ' =' "~z~" TiMEr DATE~NEXT !NSP: Violation ....... DISTRICT: ~,. Follow-up A~tzw=y PARCEL NUMBER: Violation Code Sec Referred To Ltr Date Date Number NO PERSOn, FIRM, OR rn~,OnOAT~ SHALL TA~PER ~tTH ~N~ DETEST!ON ~. onus,: DETECTION · ,~_~ MORE THAN PETTY M~D~ANnR~ AND UPON ~n,', ..... ', q-m~ ~ oo~E.~ TO A ......... . ~NWs~N THEREOF, ~-n~= .... ~""~ ~ FiNE OF TNG HUNDRED ~$~ .... C.~ DOLLARS. ,~-~¥-~, Violation *~;~=~,I; A~T~oN ..... SHALL ¢,~T. _ FUL~ OP?ATION~L SHALL B; CiTY ORDINANCE 5A,207. ! 07-2S-!S~Z OCCUPAf~CY A~Y DWELLING OR DKELLINS UNIT FOR ~n_ PURPOSES LiVIN~ ~.E, ,, ~ COOKING .,. ~ ~m^:n 43-6. n~ ...... ~ .....~ ~,~', un ="- CEILING OR HALL AT A P~iMT ....... . . GIv:,~u AOCESS TO ROOMS USED FOR SLEEPING PURPOSES. WHERE ~Or~T~D tM THE CORRIDOR OR ARE~ S ......~ ~ A~ o ~ , uE,~luRm :, u BE PLACED AT THE CENTER OF THE u:cr~N~ ROOMS ARE ~, U,P:R LEVEL~ THE ~ ~:r-~ ~ SHAL' CEILING DIRECTLY ABOVE THE STAIRWAY~ ALL~:~.~un:~ ...... SHAL~B~ ..... LOCATE~ ZN ArcnPnANC~. ..... ~iT~ A~,T~.T~, u~:~u~, rn~D: AN ALARH iN THE MANUFACTURER'S INSTRUCTIONS. W~EN ~ '~ ~ THE ~= ..... ~ SHALL ~= = DWELLING UNIT OR GUEST RO0~. ._ sOM::u~ AREAS~F EXIST~NS u ..... R~Q~!ZRE~ ~M~YE DETECTORS SHALL RECEIVE THEIR PRIMA~Y POWER ;RnM ~HE ~L W~N ..r .... ~. ~RYED COMMERCIAL .... ~ * WIRING ..... SUCH u,~,~ .q .... FRO~= ^ :~u,,Cc. ~RING SHALL B; _ PER~ANENT WITHOUT A DtSCONNECTINS :W,~ OTHER THAN s .... R~Q;~TRED FOR OVERt;iNN~NT .,,u.~ .... ~,~ NO PERSON~ FIR~,. OR CORPORATION SHALL TAMPER W~T~ ~N¥ ~= ~:-:~,n,, ANY °uR°nH. ;,~v. TH,,r:R=D ANY SMOKE ~=T=~I~u~ S~L .- uuzs~ O~ PROBER Chief Co i L~m bi a Heights F ~ re Violations by F' ..'"c:,m .'-':),',. '. c, :: CC;'x'--::.:~::?.'''' :L '-i.:'?,:'~ Department Inspection -i' ~.., Ti, ,':, 'L,:e ',: 0 7...- 2 :'..? --. L $:":i-'-' 4 OCCUPANCY ID: i ORGANiZATiON NA~E: KAMRAN SINGLE FAMILY RENTALS !~?ECTION D~TE: 07-22-I794 INSPECTION TYPE: START Tt~S: !100 FINISH T!~E~ ...... N~, 07!9-!79~ '"~' DISTRICT: .-- Violation ~ ~ ..... inspection Acti¥it¥ Code Sec Referred To Ltr Date Date C;TY ORDINANCE =~ ~n~ ~ ', 07-28-!¥~ ....... E,,K:=o FOX A DWELLING UNIT WITHIN A ...... 0, :~iV UNIT S.,A=._ EQUIPPED W~n APPROVED u~=, THMT HAS ~ ..... LOCKING BOLT TWAT... =v END ~'~"' THE'U=~ OF A KEY OF A~Y ~=r'A~=r~.,, ~ K~O~LEDSE OF: ~;~ORT.~., Violatimn Details: P~OBLEM .... NORTHWEST BEDR~OH DOOR KNOB LOOSE CITY DRDi~,ANCE 5A,202. I,B 07-29-1994 ..... '~;~'~' . FOR EVERY Dnn;; THAT PP, GVIDES ~.,~: O~: EGRESS ~ DWELLING A u, ED~ *"~'~ THE IND~JE*"~Y~"T; ~ .~, BY END PPESSURE: PRO?IDED~ ~n~n~D THaT ~ n~ DOORS SHALL ~= r~=. ...... TEE USE OF A XEY OR AXY SPECIAL ?:NO'LEDGE OR EFFORT, !0 08-!9-i994 5 Violation Details: PROBLEH ..... SOUTHWEST BEDROOM DOOR LATCH ~tSS!N~ CORRECTIVE ACTION ..... ~HALL INSTALL DOOR LATCH CiTY ORDINANCE D~.205.I,C 07-28-1994 r~uu,,.., ,~=X.uR AND CEiLiNGS. EVERY FLOOR, i~=~,O~ ~ALL A~D ~"~'~ SHALL ~E AGAtNS~ THE PASSAGE AND HARBORAGE 0~ VERMIN AND RODENTS AKD SHALL BE EEDT IN SOUND CONSiTIOK AND GOOD RE?AtR. EVERY FLOOR SHALL BE FREE OF LOOSE~ WARPED~ PROTRUDING OR ROYTED FLOGRiNS MATERiqLS, EVERY iNTERIOR WALL AND CEILING ?ALL BE ~AtRTAtNED !~ A TIGHT WEATHERPROOF CONDITION AND MAY NOT BE COVERED ~HOLLY OR PARTIALLY BY TOXIC PAINT OR MATERIALS WITH A LASTING TOXIC EFFECT, EVERY TDILE? ROOM AND BATHRO0~ FLOOR SUN=ACE SHALL BE CAPABLE OF BEING EASILY MAINTAINED IN A CLEAN STATE. PROBER Chief Col Ltmbi a Heights Fire Violations by Department Inspection PR?ERTY ID: 10075 qrrloAur¥ ID: !XSPECTtON DATE: 0T-22-199~ PROPERTY NA~E/DESC: 22!5 45TH INSPECTION TYPE: OCCuP" CONTACT: KAMRAN, KUNAL - "~"="~.w~ ~/N:^~ i~S~: v8-~?tv9, INSP Violation Nu~er Rss!v? F~ilow-up I! 0S-1%!~% 5 CiTY ORDP~ANCE ~A,20~,t,C 07-2G-19~s Violation Detai!E: FLDORS, INTERIOR W~LLS AND CEILINSD, EVERY ~LDOR~ INTERIOR ~ALL AND CEILING SHALL BE ~RQTECTED AGAINS~ THE PASSAGE AND HARBORAGE OF VERMIN AND RODENTS AND SHALL BE KEPT iN SO?~D CONSITiON AND GOOD REPAIR. EVERY FLOOR SHALL~.:D* ~RE~,. _ O; LOOSE WARPED,..,,~,,,.~.,,.DPFTD]DIN~ . ~ ..... V ...... n P" A~;D CEILING .... - ~N~N=D . A .... CO~DiTIOR A~D MAY ROT BE COVERED ~HOLLY OR PARTIALLY BY TOXIC PAP~T OR M~TEF!~LS WiTH A LA~TIN~ :2 0S-19-t99~ 5 Violation Dmtails: PROBLE~ ..... 2ND ~,*r'*, ~RDNT *N~Ai: iN .... r ~"' OF STORASE '=? BY ~ORMER ~*:* .... ~H,: AREA ....... DOOR USED FOR ACCESS TO Y'~ BRo~N O;F, CORRECTIVE ~CTiON ..... ~H~L CiTY 0 .... .~N~.: ....... ""~' ' YAFff~ n~ PREMISES c.r,~,n~,,~. _ GROUND COVEF:.. .~Y.~Y ANY ON -. TS LnCA~E[~ ~" """~ iNSTALLED *~'~' *~ ..... " ,,-~,-r .-~ ~H: TH:S ~.~rs i) SODDING AND GROUND COVER. ALL EXPOSED GROUND AREA SURROUNDING THE PRiNCiPLE DU!LD!NS AND ACCESSORY BUIDINGS~ WHICH ARE NOT DEVOTED TO DRiVEWAYS~ PARKING AREAS~ SiDEWALKS~ OR oHHL~ SODDED OR ~ITH ..... ~ o ...... ~, OR OTHER OR~,,.N HL PATIOS~ ~'"' BE LANDSCAPED q~RHRS TREES~ ~^on~ ,'.;"=, LANDSCAPE M~,sR.~u:.~T''~'~ NO ~,:,,~:~,~~n~e~°cfi AREA S~ ........ BE USED FOR HTEr~n,.;~"~ ~c u;"tCiE~.~... ~ OR STORAGE OR DISPLAY OF MATERtALS~ SUPPLIES OR MERCHANDISE. ii! SLOPES At~D GERMS. P!NAL GRADES ~tTH A SLOPE RATIO GREATER THA~ THREE [~.) TO O~4E ii) WILL NOT BE PERMITTED M~.THOUT SPECIAL APPROVED TREATMENT SUCH AS SPECIAL SEED ~,!XTURES ........ " BER,-,~No U:~, Tn PRO~!DE ,,_ REQUIRED . . ,~A!N:r~,,:,~:, ANY S~:,,'~ TREES, SHRUBS, ~' .......... COYERS, .,.~; ~ ...... : .... ~ -,., ..... Rq ...... ~TH THiS CODE .... ~.,:=- ~ ~' ~:~o~ R~ pRO~pT v ~,E~OVEF; TO ~VCID ..... ~,t~,,, PROBER Chief ColLtmbia Date: 07-2E-I79~ !OPt~Oi) PiSPECTtO~< DATE: DATE/NEXT !NSF: 08-!9-~99~ ,~-~-~ Follow-up Number Resiv? Date Heights Fire Violations by ~::' ,." c:m D,,:',. '!..c.:~ ,'~ C. '2 ....22..-. li. '-7 '.? ,:'.; De partment Inspection A:T~ PROPERTY NAME/DES£: 2215 ..... iNSPECT!O~i TYPE: START TIME: .... r,~z~ TIME: PARCEL Insoection Activity £ode Sec Referred To ' ~ Date Da~ L~T ~,,.n:~u~ ...... ~AN~=~r .... ~u~D ~iTH ~ ,,O,u,~=: S ~.. STREET ¥) WEEDS. THE ~,,~,T .... ~'~ Af~D UP~'E=P OF ALL LA,NS A~D YARDS ...... BE Ri;~=r.? TO ~n~. =q , REFEREHCE, ,~ HAS NUMEROUS BARE AREAS PROBLEM .... ' .... ACTION. ...,¢.OHA~ GOD ~' ......... YAT~ ...,,~~A~; AREAS OF LAW~ 0~-i%!9~4 5 CITY ORDI~AiCE Ti,I= SECTION, i) SODDING AND GROUND COVER. ALL EXPOSED GROUND ~REA SURROUNDING THE PRINCIPLE BUILDING AND ACCESSORY ~U!DINGS~ WHICH ARE NOT DEVOTED TO DRIVEWAYS, PARKt~3 AREAS, SiDE~ALKS~ PAT!OS~ SHALL BE SODDED OR LANDSCADEO WITH SHRUBS, TREES~ SARDEES¢ OR OTHER ORNAMENTAL ~m~o~p= M~.R;~=S. NO LANDSCAPED AREA S~ALL BE UD~U FOR HTE p ..... O~ VEHICLES ~' SLOPES AND DCRH~ FtN~L GRADES ~!TH A ~OP~ RATIO GREATER THAN 'HR TD~ M~ , o ...... WiLL NOT BE PERMITTED ~TUOHT... _ SPECIAL APPROVED ,,,~,,,-~,,,~ ~C~ AS OF PARkinG LO~S AND GTHE~ ~" .u,,, NOs ~'¢~¢~ THREE · S,,~ HAVE SLOPES IN ur~ AREAS , , DHF, UBo~ ~ oO[~No ~:,~= BE PEP.ACED iR ~A!NTERARCE. AKY DEAD TREES, ~ ..... GROUND CDVERS~ A~D ..... ~ ~u.,, THIS RODE. ALL TREES OR DT~ER VEGETATION WHICH SPRING UP IN ~D~UTP~D BY ......................... TRu~TUK~. DAMAGE, iv) PLACEMENT OF PLANT MATERIALS, ND LANDSCAPING SHALL BE ALLOWED ~ITHIN ANY DRAINAGE UTILITY EAGEME~TS~ ROAD RIG~T-OF-WAY~ OR !~HED!ATELY ADJASE~? TO A~Y DRIVEWAY OR ROAD INTERSECTION IF SUCH LANDSCAPING W~ULD iNTERFERE WiTH A MOTORIST'S VIEW O; ~HE ~TREET DR -,~.WAv nD W~ THE U~E TH~ FOR ~TS ................ K~.~, "~' OF ~SE~ENT T~Y:ND~D DUDP~S; E:o I g~n-~ bi a Heig P, ts Fire Violations by F' r,'.::m'~ Da t<.'..:, ~'107...-22>" !??,:.!- Depa rtmer, t inspection 'To., Da 'Lc, ~: Date= 07-2S-i994 {OPlg]l! i0073 OWNER ORG~NIZAT!ON: KA~RAN SINGLE ~A~IL9 ~EN~ALS PROPERTY ID: !0073 PROOERT¥ NA%/DESC: 22i5 45TH OCCUPANCY ID: ! ORGANIZATION NAME: KAMEAN SINGLE ~AMILY RENTALS OCCUP CONTACT: KA~RA~. ~NAL - VZVER !NSPECTIOk DATE~ 07-22-177~ !~SPECTION TYPE: 93 START TI~E: II00 F!NIS~ TIME: DATE/NEXT !NSP: 08-!9-1994 !NSP DISTRICT: 585 PARCEL NUMBER: ~u~ber =esi¥? Foiiow-u~ Vio!mtio~ Date inspection Activity £ode Sec Referrm~ To ttr Dat~ Dat~ Numb~~ ¥} WEEDS. THE MAINTENANCE AND UPEEEP OF ALL LA~S A~D YARDS CH&GL BE SUBJECT TO C~APTEE 4, APT!SLE ii, =c~,~u.~ 3 n~ COLL~BIA HEIGHTS CITY CODE~ WB!CH tS IiE'ORPO~ATED HERE?( ~v REFERENCE, 08-!?-794 5 Vi~lation Details: 08-i%!974 5 Violation D~tmi!s: PROBLEM ..... LA~H ARE~ ON WEST SIDE OF GARAGE ~ASH!NG OUT, CORRECTIVE AOTIOH ..... SHALL FILL I~ WAASHED OUT AREA A~D LANDSCAPE AREA TO PREVENT FU~THED DAMAGE DF THiS TYPE THE FOUNDAT!SN. EXTERIOR WALLS A~D EXTERIOR ROOF SHALL BE ~ATER UGH? AND PROTECTED AGAiKST VERMIN AND RODEOS A~D SHALL BE KEPT iR SOUND CORD~TIO~ A~D RE?~iR, THE FOUNDATION ELEmEnT SHALL ...... ~v ¢~,oon,~ TRE ..... '~ aT POINTS. EVEPY EX~ERI9? ~ SUALL DE ~D~; OF TRue,URn. DETERiORAT~Of~ OR~,,*~Y FTHEp... , r~u~D,.~u,=Yn~ WplCH,, ~TGP?,. ADYlT D~!~ OR DHNF~ES': TO INT?iOR PORTION 9~ THE WALLS CR TO THE iNTER!OR SPACES OF ~DE D~ELL~G. THE ROOF S~ALL BE WH~L~ AD%T R~T~ OF7 ROO~ DRANAGE ARS ~T'Y' D~ ~DEDUATE Y~ DREVEKT TIGHT A~D HAVE ND DE~ECTS .... ' ,~.~ =~= .... ~o,~ SHALL ....... , PAinT OR oM::. PROTECTIVE COVEE:NG OR TREATMENT PROTESTS ~:E EXTERIOR SURFACES FROM ELEMENTS AND DECAY :H A FU~C::O~:NG ~AHNER, ..... o. RF~.E n~ ,.,. ~l~,,~o ~. B..~K, BLOCK OR iS OF THE TnTA~ EXTERIOR ~"~ .... _ ~ ',n -~,,'. n; ART .... ". STONE WALL LOOS~ FALLEN OUT, THC SURFACE ~u*,- BF ~n ..... ~ ~S u~CY~FOR= PROBLEN ..... GUTTERS NETWCRK IS CLOGGED ~ITH DEBRIS CAUSING WATER TO RUN DOCK SIDE OF STRUCTURE CORRECTIVE ACTION ..... SHALL CLEAN OUT GUTTERS CITY ORD!RARSE 5A,205,t,B 07-28-1994 W~D~u~ ......... ~ .... V ' ~¥T~'fi~ DOOR ^~ .... ' .... ~ ..... BE EE~T t~ REPAIR, EVERY WINDOW OTHER THA~ FIXED ~!NDO~ SHALL BE CqPAB~E OF BEinG EAGILY OPENED AND SHALL BE EQUIPPED WIT~ SCREENS BETWEEN MAY I AND SE?E~BER 5% !NCLUSiVE~ OF EACH YEAR, EVERY W!~DO~, DOOR AN? FRAME SH~LL BE CONSTRUCTED A~D MAINTAINED IN ~UCN RELATIO~ ~O THE ADJACENT ~ALL CONSTRUCT!O~ AS TO COMPLETELY EXCLUDE ~AIN, VERRiN~ Rg~E~TS~ AND Z~SEOT? ENTERinG THE BU!LDiN~, Co i L~mbi a O~HER Tn. ~"~'~ PROPERTY ID: I007~ DSOYP~CY ID: ! !NSPEST!OK DATE: 07-22-1994 DATE/NEXT Vi=lation Nu~er Res!v? Heights Fire De partmen t Violations by Inspection ? F C],rF~ 'Fi) <'..'~.. + <::, ~: ~:'J 7.:'--'7' '7;~-- '! --.,m..../'·<, YE) ~"~:.,, ,~'".. 4,.., ~.'", ........... ~ F')'7 -.. ':';,'T:' .-~ '~ OCCUR COHTAOT: START T!~E: !I00 FINISH TIME: PARCEL HUMBER: ~mrnin~ Injunction Citation Referred To Ltr Dmte Dmte Nu~Se~ 16 Violation Detmi!s: SAFE BUILDING ELEMENTS. EVERY FOU~DATIOH~ ROOF, FLOOR, EXTERIOR ~ALL, iNTERiOR ~ALL. CEILING, INSIDE STAi~. OUTSIDE STAIR, PORCH~ B~LCORY A~D EVERY APPURTENANCE -O EAC~ O~ THE SHALL BE SA~E TO USE A~D CAPABLE OF SUPPORTING NORMAL STRUCTURAL LOADS. CiTY ORDINanCE 5A.208.! 07-28-?~4 REDUiRED OFF-STREET P~RK!NG ........... NO PERSON SHALL OCCUPY AS AN ]~NER-OCCUP~NT OR LET T3 A~THEE FOR OCCUP~NC¥ ANY D~ELiRG OR DWELLI~S U~IT FOR THE PURPOSES OF LIUiR~ SLEEPiNS~ r ..... = ..... WHICH ~ LOCATED O~ PRE~i~ES W~iC~ nn~ 'iO· ~ ~ .... ~TTH T~F .... U .... RE~UiREHENTS~ TO-~IT~ ANY BDILD~NG OP ~TRUCTURE IR EX!STENCS UPON THE EFFECTIVE D~TE OF THIS ORDINANCE ~iCH DOES ROT CURRENTLY COMPLY ~ITH THE PAR~ING REDU!REMERTS DF SECTiOH 9.1!~(4)~ BUT DOES HAVE THE NECESSARY SPACE TO PROVIDE THE REDUIRED PAR~IRG SHALL BE REDUIRED TO EXPAND THE PROVIDED DARK:NO !~ ACCORDANCE ~ITH THE CODE BY ~WLY I~ I9~7. FEET, C) ALL REQUIRED,,,**,,~oo~'r'" SPACES MUST BE ....... ~u~r~.E~r ~ ~ITH AS?HALT OR.. CONCRETE. D) CURB ~U~K..~ OUARDRA!LS ..... PROVIDED FOR PARKIN~ SPACES ~ALLS. ..... ~ ..... BETWEEN pdR~'Y~r-' ARE .... T E) AN UNOBSTRUCTED,~'!X~.., MUST BE r',u*~D:~ .......... ~ .-~ AN_r THE D~ELL!.~S u~I,, ~,.~.~Y~ PARKING ~ /TOU'r'~'.?' ~UST BE PROVIDED ~OR -A¢,L,~u ~.R~A'= Af4D THE ........... ~:. i~ ............ uOr,~iST~S THREE t*) OR .... UNITS. ~l~,;~l~ MUST 5E ......... FOR FA~,,,~ ~c,,~ u,,,, P~,'O~,~R Chief Co IL ,_~. Fr, b Heights Fire Violations by i::' rc)m i")a'~ .I- ,:,..,: ()'7.L.-2:,.]':..-. :!.' ' :'.."~ , Ru =~: Y ID: I(,.'TG uC:.ur~CY ID: 1 ORGANIZATION :~S:'ECTtON ~ ' ~ .... ~N~.rr.~n~ TYPE: Vioiatio:, ~-' Nu~bs'r Reslv? Date Department Inspection O~NER ORGANIZATION: ~RAN SiNSLE FAMILY RENTALS PROPERTY N~M~,D~ou: ~ 45TH KA~RA~ SINGLE FAMILY RENTALS O~CUP ~oN.A~t. k~r~ K~NAL - VIVER START TIME: 1!00 FINISH PARCEL Vio!atio~ Warnin~ ~ ; ..... Citation G) tN ..... ~ ....... . . r~R~,zNo ARE~S P~p~,,~A~ ~ALF~[A~S ...... HAVE ~*"~ u ~ ~u~ ~"'~':*~' L!N~ r'r:~u~E~. ~Y KEPT )8-t?-!9~4 5 Violation Details: P~'~" .... gxlv=W~, NOT HAhP-%n, ~i~uE, .SHALL M~:,D .u~r~ CORRECTIVE ..... '.,, ...¢~,~=~u~n,~ *~ ~ ....... DRIVE~A¥ BEFORE JUNE 50~ !997 NINDOWS~ DOORS A.=, SCREENS, EV~V W!NDON~ EXTERIOR DOOR AND HATCHW4Y =H~.~ BE t;Gq~ AND BE KEPT =N ~P~I~' EVERY WINDOW OT,,~ FIXED WINDOW SHALL BE NAFHN:E OF BEING ~ ...... ~'* SEPT~;~ 5~'. INCLUSIVE, ur EACW OPENED AND ~'"~ uun.:~= B. ~_..~ MAY i =HAL~_ ;E EQUIPPED ~ITH ~ ~ '~, . ~,~ .,,,--,, ' , CON=TRUNTION AS TO ~ ¢''~ = . . ~=EC = FRO~ ADJACENT WALL ..... COMPLETELY .XNLoDc RAIN. VERMIN, RODENTS. AND .... ENTERING THE CORRECTIVE ACTION ..... SHALL =wRAP. AND TOTAL CITY OF COLUMBIA HEIGHTS Meeting of: Auqust 8, 1994 AGENDA SECTION: COHHLNICATION$ ORIGINATING DEPT.: HRA CITY MANAGER 7 ,/~ ~ ~ ~ /~ APPROVAL NO: YEARBLoCK1994GRANTCOMMUNITYPRoGRAM DEVELOP~NTD, DATE: AUGUST 2, 1994 In the approved 1994 Community Development Block Grant (CDBG) Program, the budget provides for $131,152 to be used for Housing Rehabilitation and $139,000 for Neighborhood Revitalization (acquisition, relocation and demolition). Funds are to be used in the Sheffield Neighborhood for both programs. Copies of the approved/proposed budget and programs are attached as Exhibit "A"o The budget for the Sheffield Neighborhood Redevelopment project as approved by the City Council on July 18 necessitates the use of a total of $240,152 of CDBG funds for property acquisition, demolition/removal and tenant relocation. CDBG rules require a public hearing and formal approval by the City Council of any change involving over 25% of the CDBG program budget. Since the proposed change involves transfer of $101,152 (35% of total budget of $286,262) from Housing Rehabilitation (#453) to Neighborhood Revitalization (#430) it is necessary to have a public hearing and formal City Council approval. RECOMMENDED MOTION: Move to set August 22, 1994 (at approximately 7:15 p.m.) as the date and time for a public hearing in regard to amendment to the 1994 Community Development Block Grant Program. cc: HRA Commissioners COUNCIL ACTION: bt~council.for EXHIBIT A PROJECT DESCRIPTION AND BUDGET #900209 Amount of CDBG funds provided by Anoka County for the program year beginning in 1994 to City of Columbia Hei.qhts for: Proiects Listed Below $286,262.00 Brief list or description of goods and/or services to be provided by the above-named organization with the assistance of the CDBG funds (include description of target population to be served): Proiect Budqets: #428 Columbia Heights Public Services #430 Columbia Heights Neighborhood Revitalization #453 County Housing Rehabilitation PROPOSED .EXISTING ~6,z~o.oo $ 16,110.00 24o ,.152 .(Do 139,000.00 3o, ooo. co 131,152.00 $286,262. O0 $286,262.00 Project Details: Per attached preliminary project requests. NOTE: ABOVE PROJECTS DO NOT INCLUDE ALLOCATIONS TO ALEXANDRA HOUSE, RISE, OR ARC, ALL OF WHICH ARE UNDER SEPARATE CONTRACTS. Liaison per Section 4A: Donald R. Schneider Authorized to sign vouchers & reports per Section 4A: Name: Donald R. Schneider Sig nat ur e: ~-~,~r~_. Name' Patrick ~{ent~ Project to be completed by (date): IPer Anoka County Board Resolution #85-23 CDBG-69 CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1994 APPLICATION I. pROJECT NA~E: Acquisition and Clearance of Deteriorated properties II. IV. PAGE i PROJECT ACTIVITY: This activity involves the acquisition and clearance of deteriorated properties. To be considered, a property must be uninhabitable due to building conditions which are detrimental to the health, safety and welfare of its occupants. In addition, a property must be 1) either vacant or have a willing seller, and 2) be difficult to condemn under the hazardous building section of the UniformBui!ding Code of the State of Minnesota. Acquisition would comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and by the HRA's Real Property Acquisition Policy. Properties will be identified by ~ Staff in cooperation with the City's Building Department. Owners will be contacted by HRA Staff and inspections will be conducted. An evaluation will be made of the property's physical condition, feasibility of rehabilitation and poten=ia! marketability. The City of Columbia Heights will be responsible for making a final determination of the properties to be acquired under this program. During the first 12 months, use of funds will be restricted to the Sheffield Neighborhood (as defined below in paragraph ~ VIII). This activity will be carried out by the Housing and Redevelopment Authority of Columbia Heights in coordination with the City under a program known as the -Neighborhood Revitalization Program". If the Fiscal Year 1994 funds are not al! used in the Sheffield Neighborhood during the first 12 months, remaining funds will be used on acquiring property on a City-wide, spot acquisition basis. III. PROJECT DURATION: This activity is par~ of a continuing effort by the HRA and City to acquire substandard and deteriorated properties which are considered blighting influences in otherwise stable neighborhoods. PREVIOUS FUNDING: A grand total of $246,920 in CDBG funds have been used for this program since 1988. Six properties have been acquired, and one vacant lo= redeveloped into a single-family home and one other lot is in the process of being developed with a new house and garage by Habitat for Humanity. 1988 ..................................... $ 91,585 1989 ..................................... $ 34,000 1990 ..................................... $ 43,000 1991 ..................................... $ 0 1992 ..................................... $ 98,495 1993 ..................................... $ 34,300 $301,380 SECTION 2 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 2 VI. COMMUNITY PROBLEMS ADDRESSED: This activity will help the City address the problem of vacant, substandard housing which represents not only a blighting influence on surrounding properties, but also a hazard to the general public. According to the 1990 Census, the City had 209 vacant housing units (7,950 total units). The City and HRA Staff have conducted several -windshield" surveys of the City and found more than 70 properties which are substandard. The City has found that the Sheffield Neighborhood (as defined in · VIII) is in need of a concentrated housing rejuvenation effort. From July 1, 1994 through June 30, 1995, funds from this Fiscal Year 1994 project will be used exclusively in the Sheffield Neighborhood. Please see enclosed Sheffield Neighborhood Revitalization Plan. This activity is considered eligible under CDBG regulations found at 24 CFR Part 570.201 (a & d) -Acquisition and Clearance Activities" and meets CDBG National Objectives found at 24 CFR Part 570.208 (b) (2) "Activities to address slums or blight on a spot basis." FUNDING S~Y: Total projected funding for Fiscal Year 1994 .................. $139,000 The funds will be expended as follows: Project Expenses ...................... $132,000 (Acquisition, Demolition and Clearance) City/HRA Administration ................. $7,000 (Time spen~ by City and HRA S~aff iden=ifying properties to be acquired, negotiating purchase, coordinating demolition and clearance and marketing properties for redevelopment. VII. COST DETAIL: See Above. VIII. PROJECT AREA: The overall project is contiguous with the boundaries of the City of Columbia Heights and will be carried out on a spo~ basis except during the first 12 months when efforts will be concentrated in the Sheffield Neighborhood. As mentioned in Section V., the City of Columbia Heights has 7,950 housing units; of this number, 5,400 were owner- occupied, 2,301 were renter occupied and 209 were vacant. In terms of structure type, the breakdown is as follows: Single-Family ................................... 5,609 Multi-Family .................................... 2,280 Mobi!e/Trailerhome .................................. 5 Other .............................................. 56 SECTION 2 A1 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 3 The priority project area, the Sheffield Neighborhood is defined as the area within the' following boundaries: -South Boundary: 45th Avenue between Easterly edge of Keyes Park and Central Avenue. -East Boundary: Johnson Street (rear property lines of Easterly properties) and Easterly edge of Keyes Park. -West Boundary: Central Avenue between 45th and 47th Avenues. -North Boundary: 47th Avenue between Johnson Street (rear property lines of Easterly properties and Central Avenue). The above defined area is hereinafter referred to as the "Sheffield Neighborhood". The Sheffield Neighborhood includes a concentration of iow income families in blighted type duplex and multiple unit housing. There are 518 dwelling units in the Sheffield Neighborhood and of those, there are 119 single family units, 184 are part of duplex units (92 actual duplexes), 56 are part of four-p!exes (14 actual four-plexes), and 159 are part of multiple unit apartment buildings (1 six-plex, 4 seven-plexes, 2 eight- p!exes, 3 eleven-plexes, ! sixteen-piex and 3 twenty-plexes). There are also 6 commercial properties in the Sheffield Neighborhood. Over 45% of the residential properties are rental in nature. The goal of the Sheffield Neighborhood Revitalization Plan is to "Restore the balance of Housing (rental versus owner occupied) of the Sheffield Neighborhood to a level more typically found in lower density residential districts throughout the City". Included in this goal/plan is redevelopment/reuti!ization of residential properties in the area of moderate income housing and redevelopment of the commercial area so as ~o establish clear delineations or buffers between Central Avenue commercial deve!opmen~ and the housing units along Tyler Street. IX. XI. LARGER EFFORT: This activity is part of a larger effort by the City and HRA of Columbia Heights to eliminate substandard housing within the City and improve neighborhoods. Other activities include housing rehabilitation and homeownership assistance (i.e. first-time homebuyers program). See Single-Family/Duplex-Housing Rehabilitation section for additional information. CONTACT PERSON: This activity will be carried out by the Housing and Redevelopment Authority of Columbia Heights. Questions concerning the program shou!d be directed to Don Schneider at 782-2854 or 782-2855. REIMBURSEMENT AUTHORIZATION: The following persons are authorized to sign payment vouchers: - Donald R. Schneider, Executive Director - Angeia Schlender, Housing Coordinator SECTION 2 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 4 XII · DEMOLITION OF AFFORDABLE HOUSING: In an effort to minimize displacement and the destruction of affordable housing, the city, to the extent possible, will limit its list of properties to those which have been vacant for at least one year prior to acquisition. The purpose of this activity is to eliminate blighting conditions and encourage new development. The housing to be constructed will, in most circumstances, be market-rate. Therefore, sites to be identified will be exempt from the one-for-one replacement requirement. CDBGAPP SECTION 2 CITY OF COLUMBIA HEIGHTS COHMUNITY DEVELOPMENT BLOC~ GRANT PROGRAM 1994 APPLICATION II. PAGE I PROJECT NAME: Single Family/Duplex Family Housing Rehabilitation Program PROJECT ACTIVITY: This activity involves the rehabilitation of owner occupied single family and duplex residential properties. The funds are awarded to eligible homeowners in the form of a 50% grant/50% deferred loan. The 50% grant portion would not have any interest charge and would not have to be paid back if the homeowner remains in the rehabilitated property for a period of five years. The remaining 50% loan portion would have no interest charge and would be paid back only upon the sale, change of use or moving from the property. Should the recipient sell, move or otherwise convey the property during the five year term, the grant/deferred loan portion would have to be repaid in the following manner: Within !st Year .................................... 100% of Grant/Loan Amount ...90% of Grant/Loan Amount Within 2nd Year .................................. ...80% of Grant/Loan Amount Within 3rd Year ................................. ]...70% of Grant/Loan Amount Within 4th Year ................................. .60% of Grant/Loan Amount Within 5th Year .................................... Within 6th Year or anytime thereafter ............... 50% of Grant/Loan Amount Grants/Deferred Loans of up to $!!,000.00 are awarded. A home improvement grant/deferred loan may be used for three primary types of improvements. The City Building Inspector/City Assistant Building Inspector will complete a thorough inspection of the entire house and conclude exactly what work should be done. First priority in improvements will be those that upgrade health and safety conditions. Second priority is given to upgrading the house in accordance with current building code requirements. Finally, improvements will be suggested that improve the energy efficiency of the home. Typical improvements would include (in random order): doors & windows, water heaters, furnaces, wiring & plumbing, and roofs. To qualify for a grant/deferred loan, a person must meet the following criteria: !. Own and live in the property to be improved. 2. Have an adjusted gross income at or below the limits lis=ed below, which are based on household size. Household Preference Non-Preference size Income Limit Income Limit 1 $ 9,66S.00 $17,350.00 2 $12,644.00 $19,850.00 3 $i5,620.00 $22,300.00 4 $18,832.00 $24,800.00 5 $22,044.00 $26,800.00 6 $25,260.00 $28,750.00 7 $28,472.00 $30,750.00 8 $31,684.00 $32,750.00 These limits are subject to change during the course of the program. For program purposes, Adjusted Gross Income is calculated by subtracting $750.00 for the first and second resident over age 18, and $500.00 for each additional resident, from Gross Annual Income. The income from all residents is included in the calculation. Grants/deferred loans made under this program with FY 1994 CDBG funds are to be approved by the City Council. SECTION 3 iITY OF COLUMBIA HEIGHTS/CDBG III · IV. PAGE 2 3. Have total net assets of $25,000 or less, excluding -personal property and the property to be improved (if less that 2 (two) acres). o err cannot contain more than 2 (two) dwelling units, one of which must must be used for residential 4. ~he ~ ~,,~ In addition, the ~rq~ert~ ..... a can be used in a trade or purposes; no more than a:~ ~ ..... ab business- serve, limited preference basis will be rejected on the bas~s of~ g ~cations are accepted on a first-come, first- · 'ud ements Appl' . ........ No eligible applicant as to personal character or life-style- ' 'es with incomes in the -Preference~ ' ' ed for those fam~l~ . to concentrated . . · 1 be maintain · . . r~es. Due . Waatzng ll~ts Income Limit" housing re=eve£opmen= area will receive preference during the first 12 (twelve) months of the 1994 over other eligible applicants for funds from the 1994 program. As of July 1, 1995, ds remaining from the 1994 program will be allocated to eligible applicants · ' first preference to those with incomes any ~un ......... first-serve basis wz~= ~^ ~J~ion fha= applicants who have base= on a in the -preference Income L~mzt category wzun ~= .... =-- applied and are faced with emergency housing conditions as certified by the City Building Inspector or Assistant City Building Inspector may be given priority over others'on the waiting lists. pROJECT DURATION: This activity is part of a continuing effort by the City to improve its housing stock. Funds for Fiscal Year 1994 include $57,300.00 from the City's share of the Anoka county CDBG Entitlement Program Fund and $30,000.00 from the Anoka county CDBG rehabilitation fund pool. pREVIOUS FUNDING: This activity has been funded since 1978. A breakdown of the total funding and number of grants/deferred loans awarded is shown below: FY YEA~_ FUNDED ~-- FY YEAR -- 4 1978 $150,667 51 1987 $25,145 1979 $40,100 8 1988 $12,195 3 1980 N/A N/A 1989 $54,980 8 1981 $71,843 16 1990 $53,735 6 1982 $23,568 6 1991 $51,376 8 1983 $29,020 5 1992 $58,900* 8 1984 $23,535 5 1993 $141,695'* l(to date) 1985 $28,325 5 $7 2,-~ 1986 $17,395 3 TOTALS: * Includes $32,000 of Federal HOME Program Funds- ** Includes $70,000 of Federal HOME Funds & $17,500 of local match funds. COMMUNITY pROBLEMS ADDRESSED: This activity will help address the problems with the City's aging housing stock. Much of the City's housing stock was built before World War II and is in need of repairs (i.e. roofs, furnaces, windows and doors, etc.). This activity will assist in the preservation of the housing stock. SECTION 3 CITY OF COLUMBIA HEIGHTS/CDBG VI. PAG~ ~ f~eld ~eigb2oorhood {area between 45th Avenue on South, Johnson Street The She ' e es Park on Eas~, 47~h Avenue between =ohnson street (rear of East lY_?r°? . esL housing 45=h and 47th Avenues on the wes=) ~s ~n . · area there are 518 dwelling units of which 119 are single f~ily uni=s, 184 === m .... =uple four-plexes (14 four-p!exes), and 159 ~e p~ of l~ger mu!=iple unit buildings (1 seven-plexes, 2 eight-plexes, 3 eleven-plexes, ! s~een-plex and 3~wenty- plexes). The majority of ~he s~ngle f~ily.~d auF i has late 1950's and early 1960 s an= ~e in a =ezerre= ' developed a Sheffield Neig~orhood Revitalization Plan which includes redevelopment renovation in =he neig~orhood. These CDBG funds will be used to assist single and duplex property homeowners in upgrading their proper=les. If funds ~e no= used for eligible projects in this neig~orhood by July 1, 1995, =hen apglic~=s from the waiting list from o~her neig~orhoods cit~ide will be funded, found at 24 CFR Part . eli ible under CDBG re~lations This activity is considered, g ....... :~es". It meets CDBG National 570.202 "Eligible Reh~ilita=~on and Preserva=~on ac~=v~ Iow and moderate objectives found a= 24 CFR Part 570.208(a)(3) -Activities benefiting persons, as a Housing Activity". F~ING The funds for this activity will be expended as follows: Project Expenses ........................................ $102,310 (Reh~i!i=a~ion Grants/Deferred Loans) ~ A~inistration ...................................... $ 7,700 (T~e spent by Housing coordinator and~Contrac= Housing Inspector/Specification Writer processing applications, preparing bid specifications and monitoring cons=ruction, est~ated a= 430 hours for the progr~; note =his covers the t~e spent on reh~ files funded under the re~lar County Reh~ Progr~, as well.) TOT~ FU~ING ........................................... $110,0!0' · Includes $30,000 from ~oka County distribution of county-wide CDBG Reh~i!ita=ion Progr~ funds for Col~ia Heights. VII. COST DETAIL: See above. VIII. PROJECT A~EA: The project area is contiguous with the boundaries of the City of Columbia Heights. Based on 1990 Census Data, the City of Columbia Heights had a population of 18,910. The data indicated the following: Number of Households -With One of More Person Over Age 65 7,741 2,128 (27%) Number of House Units -Single Family -2 Unit Structures 7,950 5,609 (71%) 546 SECTION 3 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 4 The first priority project area from July 1, 1994 to July 1, 1995 is the Sheffield Neighborhood which includes the following bounded area in the City of Columbia Heights: -South Boundary: 45th Avenue between Easterly edge of Keyes Park and Central Avenue. -East Boundary : Johnson Street (rear property lines of Easterly properties) and Easterly edge of Keyes Park. -West Boundary : Central Avenue between 45th and 47th Avenues- -North Boundary: 47th Avenue between Johnson Street (rear property lines of Easterly properties and Central Avenue). The above defined area is hereinafter referred to as the -Sheffield Neighborhood"- For detail on housing and housing conditions in the Sheffield Neighborhood, please see ~ V above. IX. LARGER EFFORT: This activity is part of an effort by the City to improve its neighborhoods- In addition to this program, the City also offers the following programs: -MHFA Eome ImDrovement Loan Protrak_ (166 loans since 1979 for a total of $934,751) -MHFA Home Energy Loan Proqra~. (44 loans since 1983 for a total of $153,780) -MHFA Deferred Access~b~l~t and Revo!v~n Loan Pro rams (115 loans slnce 1976 for a total of $369,660) -MFPIA Rental Rehabilitation Grant Procra~n~ (12 grants since 1984 for a total of $8v,925) -MFHA Rental Rehabilitation Loan Proqra~. (8 loans since 1990 for a total of $105,017) -First-Time Homebuver Proqra~. 1993 Program ...... $911,868; 1 loan to date 1992 Program .... $1,400,309; 22 loans to date 1991 Program .... $1,477,000; 21 loans to date 1982 Program .... $8,408,000; 175 loans to date CONTACT PERSON: This activity will be carried out by the Housing and Redevelopment Authority of Columbia Heights in coordination with the City. Questions concerning the program should be directed to Don Schneider or Angela Schlender at 782-2854 or 782-2855. XI. XII. REiMBURSEMeNT AUTHORIZATION: The following persons are authorized to sign payment vouchers: - Donald R. Schneider, HRA Executive Director - Ange!a Schiender, HRA Housing coordinator NOT APPLICABLE CDBGAPP SECTION 3 CITY COUNCIL LETTER Meeting of: 8/8/94 AGENDA SECTION: COMMUN t CAT I 0NS ORIGLNATING DEPARTIvIENT: CITY MANAGER NO. 7 PUBLIC WORKS /L~/~ ~ ITEM: ESTABLISH DATE FOR PUBLIC ItEARING BY: M. Winson BY: NO. C.R. 104 TURNBACK "~ ~ DATE: 8/2/94 DATE: The City currently has an agreement with Anoka County in which the County pays the City $3,000 per mile annually to maintain County routes within the City. In early 1993, Staff approached the County regarding renegotiating the agreement. The County initially agreed to a $4,000 per mile figure but wanted the City to accept the turnback of C.R. 104 (the route around Kordiak Park) as part of the agreement. A latest proposal is for the County to pay $4,000 per mile annually through 1996 and $4,300 per mile annually for 1997 and 1998. The City would accept the turnback but the County would pay $3,600 per year through 1996 and would agree to be assessed for future improvements to this route. This agreement was brought to the Council on October 25, 1993. Property owners along the turnback route were notified of the meeting. Two property owners attended the meeting and voiced dissatisfaction with the turnback. The City Council tabled any action on the agreement. Further discussions with the County have not resulted in any progress. RECOMMENDED MOTION: Move to establish a Public Hearing for September26, 1994, at 7:00 P.M. in the City Council Chambers in order to receive public comment on the proposed turnback of C.R. 104 to the City. MAW:jb 94-504 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER MARK A. WINSON PUBLIC WORKS DIRECTOR/CITY ENGINEER COUNTY ROAD MAINTENANCE AGREEMENT JUNE21, 1994 It has been some time since the issue of a new agreement with Anoka County for maintenance of County routes within the City has been adch'essed. Our current agreement has the County paying the City $3,000 per mile per year ($18,060 total annually) to maintain the County routes. The last proposal form has the County paying $4,000 per mile annually until 12/31/96 and $4,300 per mile :.nnually from 1/1/97 to 12/31/98. As part of the agreement, the City would accept the tumback of C.R. No. 104, around Kordiak Park. The County would pay $3,600 annually for the maintenance of their turned back section through 12/31/96. The County has also agreed to be assessed for improvements to this route in the future. At the October 25, 1993 meeting, the Council rejected this proposed agreement and directed staff to negotiate further. To date, I have not been able to negotiate any further concessions from the County. The Council should be made aware that Section 163.11 of the Minnesota State Statutes allows the County to revoke County highways by resolution and that the revoked route shall become a City street. Please provide further direction on this matter. MAW:jb 94-382 CITY COUNCIL LETTER Meeting of:. 8/8/94 AGENDA SECTION: COMMUN I CAT [ 0bi S ORIGINATING DEPARTMENT: CITY MANAGER NO. 7 PUBLIC WORKS ITEM: ESTABLISH DATE FOR PUBLIC BY: M. Winson B NO. IMPROVEMENT HEARING - CURB AND GLrlTER DATE: 8/1/94 DATE: MAIN ST. FROM 44TH AVE. TO 45TH AVE. "~ ~" Anoka County will be reconstructing Main Street (CR 102) from 44th Ave. to 1-694. The City will be requested to participate in the cost of concrete curb and gutter, utility relocation and adjustment and possibly storm sewer. City policy is that curb and gutter costs are to be assessed to the adjoining property owners. The estimated total cost for the curb and gutter is $1,625 plus $130 for County engineering and administrative fees (8%) or a total of $1,755. There are 10 parcels involved. RECOMMENDED MOTION: Move to establish a Public Improvement Hearing for September 12, 1994, at 7:00 P.M. in the City Council Chambers for curb and gutter installation on Main Street between 44th Avenue and 45th Avenue. MAW:jb 94-505 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER MARK A. WtNSON PUBLIC WORKS DIRE~CTOR/CITY ENGIN~JF~R RECONSTRUCTION OF MAIN STREET (CR102) BY ANOKA COUNTY JULY 29, 1994 We have received the final plans for the Anoka County project to reconstruct Main Street from 44th Avenue to 1-694. The City will be requested to enter into a cooperative agreement to pay for the cost of some utility adjustments and the one block of new curb and gutter on the east side from 44th to 45th. Based on the County's estimate, the utility relocation cost would be $2,745 and the curb and gutter cost at $1,625. The total would be, with 8% engineering and administration cost, $4,720. As this route is not a County State Aid highway, we cannot use our State Aid money to pay for the improvements. The Council should be approached regarding assessing the curb and costs to the adjoining property owner.s Currently, the plans are being reviewed by the Mn/DOT hydraulics section to determine appropriate share of storm sewer costs. Because the storm sewer exists in the Columbia Heights portion of the project, it is anticipated that our share may be nothing. The project will include some modification of the storm sewer leads at 44th and Main. It is hoped that these minor modifications will have a major impact on improving our current problems with the storm sewer at this location. Overall, the project will improve storm drainage along Main St. Currently the majority of the storm drainage is carried int he street section. The project will install a storm sewer system throughout the section in Fridley which will go to a detention pond before being released to the main storm line to the river. I will have the plans for this project at the August 1st Work Session. Construction is expected to begin within one month. MAW:jb 94-493 CITY COLT~CiL LETTER Meeting of : 8/8/94 AGENDA SECTION: COMMUN i CATI ONS ORIGINATING DEPT.: CITY MANAGER NO: ~ Recreation APPROVAL beer/Sullivan Lake Park BY: ~?~ark S. Casey BY~~ ITEM: Request NO: 7 DATE: August 2, 1994 Pat Rosenberg, 3936 Reservoir Boulevard, Columbia Heights, ~N is requesting permission to serve beer at Sullivan Lake Park at their picnic on Thursday, August 25th from 5:00 - 9:00 pm. RECOFiMENDED MOTION: Move to approve the request from Pat Rosenberg, 3936 Reservoir Boulevard, Columbia Heights, PIN, to serve 3.2 beer at their picnic on Thursday, August 25th from 5:00 - 9:00 pm. COUNCIL ACTION: THESE HAVE NOT COLUMBIA HEIGHTS PABK AND RECREATION COMMISSION MINUTES JULY 27, 1994 PA GE TWO REQUEST SENIOR/OSTRANDER ROOM/EAST RIVER HOCKEY Move to approve the Senior/Ostrander room on August 24th from 5:30 - 9:00 pm and on August 27th from 9:30 am - 2:00 pm for the East River Hockey Association with the rental fee being waived. REQUEST HALL/COLUMBIA HEIGHTS WOMEN OF TODAY Move to approve the use of the hall for Women of Today for line dancing on Wednesday, September 21, 1994 from 7:00 - 10:00 pm with the rental fee being waived. REQUEST BEER.SULLIVAN LAKE PARK/ROSALEE VERES ZIPP Move to ratify the action of the Recreation Director in giving authority to the City Council to approve the 3.2 beer request at Sullivan Lake Park on Saturday, August I3, 1994 for Ms. Rosalee Veres Zipp of Grand Junction, Colorado. APPROVAL OF CONSENT AGENDA Motion by Evans, second by Foss to approve the consent agenda. All ayes, motion carried. REQUEST BEER SULLIVAN LAKE PARK/PAT ROSENBERG A late request was received from Ms Rosenberg, requestingpermission to serve beer at a picnic at Sullivan Lake Park on Thursday, August 25th from 5:00 pm - 9:00 pm. Motion by Peterson, second by Grady to recommend to the City Council that they approve the request from Ms. Rosenberg to serve 3.2 beer at their picnic on Thursday, August 25th from 5:00 - 9:00 pm. All ayes, motion carried. NEW BUSINESS FENCE REQUEST/JOANN REDGATE Ms Redgate attended the meeting to request that a fence be erected by the city between LaBelle Park and property at 1218 42nd Avenue NE. Several comments were made, one being that it is the responsibility of the home owner to erect a fence - they felt that it would start a precedence and that the Commission should look at the whole picture - not just one request. CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL NO: 7 HOLD NINTH ANNUAL BY: PAT HENTGES BY:~_~ ITEM: 500 CLUB REQUEST TO KIELBASA DAYS CELEBRATION DATE: 8-3-94 DAT NO: 7 For the past eight years, the City Council has approved the request of The 500 Club, 500 40th Avenue N.E. to serve beer and have live music outside of their building as part of their Kielbasa Days Celebration. Mr. Pastuszak is again requesting authorization to do soon September 10th and llth, 1994, between 3:00 P.M. - 8:00 P.M. In the past, this event has caused no problems. RECOMMENDED MOTION: Move to authorize The 500 Club to serve beer and have live music in their parking lot on September 10 and 11, 1994, from 3:00-8:00 P.M. each day, in conjunction with their Ninth Annual Kielbasa Days Celebration at 500 40th Avenue N.E. COUNCIL ACTION: AUG ] 1994 CITY OF COLUM !A HEIGHTS To ¥~hom It l~ay Concern: The 500 Club, 500 - 40th Ave. N. E, proposes hold its N!NTHANNUAL KIELBASA DAYS CELEBRATION in the parking lot at the rear of the Club. The Kielbasa Days celebration will be held on September 9th, 10th and llth. September 9th will be held indoors only, the 10th and llth will be from 3:00 P.M. to 8:00 P.M. which will be held in the parking lot at the rear of the club. A canopy will be erected and plans are to serve Kielbasa sandwiches, beer, soft drinks and snacks under the canopy. Old time music will be played for the entertainment of the patrons attending. Frank~. Pastusza~Y 500 Club 500 - 40th Ave. N.m. Columbia Heights, M17. 55421 Phone: ~88 2699 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION AUGUST 1, 1994 MEETING The Traffic Commission was called to order at 7:00 P.M. by Chairperson Carlson. ROLL CALL Carlson, Duda, Jolly, and Sturdevant Goodman, absent Staff present: Assistant City Engineer, Kathy Young Police Captain Leonard Olson MANAGER ¢~Ii¥ OF OOLUICtBIA HEIGHTS II. APPROVAL OF MINUTES Motion by Sturdevant, second by Duda, to approve the minutes of the June 6, 1994 Traffic Commission Meeting. Roll Call: All ayes. III. OLD BUSINESS None. IV. OTHER OLD BUSINESS Vo None NEW BUSINESS A. REQUEST TO PROHIBIT PARKING ON 40TH AVENUE Theodore and Kelly Landwehr of 4034 7th St. have requested review of the limited visibility when exiting onto 40th Avenue from the alley between 6th St. and 7th St. The limited visibility is caused by vehicles parked on the north side of 40th Avenue. Mrs. Landwehr was present at the meeting. Commissioner Jolly suggested that the visibility ordinance be checked as to what radius is required for intersection visibility. Staff suggests that this alley entrance with limited visibility and a substantial amount of traffic is no different that many alleys in the City. Staff will also check on the yellow curb markings and possibly extending them further. Motion by Jolly, second by Smrdevant, to deny the request to restrict parking on 40th Avenue east of the alley between 6th and 7th Street. Roll Call: All ayes. Official Proceedings Columbia Heights Traffic Commission August 1, 1994 Page 2 REQUEST FOR HANDICAPPED PARKING SIGN AT 4040 CENTRAL AVENUE Ms. Amy Ferman of Paddle and Pool has requested a handicapped parking space in front of the building located at 4040 Central Ave. According to the Building Inspector the handicap space is needed on 40th Ave. because no other convenient parking is available. There is no parking directly adjacent to the rear of the building and there are steps when entering the building from the rear. The question was raised as to whether a handicap space would be required in order to be licensed to operate the business. Commission members suggested that more information was needed and asked staff to research it further on what would be required for a handicap parking space. It was reit that a handicap space on Central would be open to anyone not just for that business and it would cause congestion on Central. Motion by Carlson, second by Duda, to table the request until the next meeting to allow staff to research it further. Roll Call: All ayes. OTHER NEW BUSINESS Chakperson Carlson mentioned the alley west of Central Ave. between 41st and 42nd Ave. has alot of thru-traffic especially northbound. There doesn't seem to be as much traffic at the north end because traffic can turn south onto Central easily at 42nd Ave. Motion by Carlson, second by Duda, to install "No Thru-Alley" signs at both the north and south ends of the alley west of Central Ave. between 41st and 42nd Avenue. Roll Calk All ayes. REPORTS A. CITY ENGINEER 1. Speed and Sign Installations on 44th Avenue Staff presented a report concerning the issues and concerns raised by City Council on 44th Avenue between Central Avenue and Reservoir Blvd. Staff doesn't see anything out of the ordinary and recommends no changes along this section of 44th Avenue. Official Proceedings Columbia Heights Traffic Commission August t, 1994 Page 3 Motion by Jolly, second by Carlson, to accept the staff recommendations in the Traffic Study and forward the report to the City Council for their consideration. Roll Cath All ayes. Alley Closure request between Central Avenue and Tyler Street, south of 47th Avenue. A report was given concerning the issues raised by the City Manager regarding the alley closure request between Central Avenue and Tyler Street. Staff recommends the barricades be removed and the alley remain open. Motion by Sturdevant, second by Duda, to remove the barricades and keep the alley open based on the staff recommendations in the Traffic Study and forward the report to the City Manager for further consideration. Roll Call: All ayes. 3. Removal of Handicap Parking Sign at 4045 Van Buren St. This item is for information only. The handicapped parking sign in front of 4045 Van Buren St. is no longer needed and has been removed. POLICE CHIEF 1. Speed on 44th Avenue Captain Olson reported that the speed of motorists along 44th Avenue study was a positive one and was in line with what Engineering staff reported in their Traffic Study of the area. COMMIS SIOI',rERS None Official Proceedings Columbia Heights Traffic Commission August 1, 1994 Page 4 VIII. ADJOURNMENT Motion by Sturdevant, second by Duda, to adjourn the meeting at 8:00 P.M. Respectfully submitted, Traffic Commission Secretary PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 2, 1994 PAGE 1 The Planning and Zoning Commission meeting of August 2, 1994 was called to order at 7:00 p.m. Members present were Fowler, Larson and Peterson. Commissioners Paulson and Szurek were not in attendance. Also present were Evelyn Nygaard (Building/Zoning Administrator), Don Schneider (Director of H.R.A./City Planner) and Jim Hoeft (representing the new City Attorney's office, Barna, Guzy and Steffen). Motion by Larson, seconded by Fowler to approve the minutes from the meeting of July 5, 1994 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: Petitions, letters and requests. Public Hearing Conditional Use Permit Case #9408-33 Rainbow Foods 4300 Central Avenue Columbia Heights, Mn. Evelyn Nygaard presented the request of Rainbow Foods for a Conditional Use Permit to allow the use of a 30 foot by 60 foot tent in the east portion of the parking lot from August 27-29, 1994 for a special promotion. The tent would eliminate approximately 15 parking spaces in the southeasterly parking area. She suggested that a $500 deposit be required to be submitted prior to installation of the tent to assure its removal and clean-up of the area by August 30, 1994. Motion by Fowler, seconded by Larson, to recommend to the City Council the approval of the Conditional Use Permit to allow temporary use of a 30 foot by 60 foot tent in the southeast parking lot of 4300 Central Avenue from August 27-29, 1994 provided a $500 check is submitted to assure removal and clean-up of the site by August 30, 1994. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE AUGUST 8, 1994 CITY COUNCIL AGENDA. Public Hearing Special Purpose Fence Case #9408-34 Linda Mehner 4055 Jefferson Street Columbia Heights, Mn. Evelyn Nygaard presented the request of Linda Mehner for permission to install a six (6) foot high special purpose privacy fence made of solid boards along and inside the south side property line from the front of the house to the southwest corner of the detached garage. She stated that the signature of consent has been received from the adjacent owner at 4049 Jefferson Street. Motion by Larson, seconded by Fowler, to recommend to the City Council the approval of the six (6) foot high special purpose privacy fence at 4055 Jefferson Street provided the south side property irons are located and made visible for Staff verification prior to permit issuance. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE AUGUST 8, 1994 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 2, 1994 PAGE 2 C. Public Hearing Sidney R. Anderson Special Purpose Fence 3931 Quincy Street Case #9408-35 Columbia Heights, Mn. Evelyn Nygaard presented the case of Mr. Anderson for permission to install a five (5) foot high horizontal solid board special purpose privacy fence along and inside the south side property line from approximately the front of the house to just beyond the rear of the house to serve as screening from the alley easement area of adjacent industrial property. She stated that the signature of the facility manager for H.B. Fuller has signed the consent form. Motion by Fowler, seconded by Larson, to recommend to the City Council the approval of the five (5) foot high special purpose fence at 3931 Quincy Street provided the property irons on the south side of the lot are located and verified by Staff prior to a permit being issued. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE AUGUST 8, 1994 CITY COUNCIL AGENDA. D. Public Hearing City of Columbia Heights Lotsplits RE: 564-578 N.E. 38th Avenue Case #9408-36 Columbia Heights, Mn. Don Schneider presented the request of the City for a lotsplit of combined City owned lots located at 563-578 N.E. 38th Avenue. The parcel consists of five, 35 foot lots (Lots 9, 10, 11, 12 & 13 of Block 89, Columbia Heights Annex to Minneapolis) which will be combined and then split into Tracts A, B and C. He indicated that the proposed lots would require variances to the required 60 foot width. Tracts A and B would require a 1.7 foot variance and Tract C a 1.6 foot variance. Lisa Morrissette, of 532 N.E. 38th Avenue, was present to ask clarification of the R-2 Zoning classification as her and her husband were new property owners and did not understand what type of dwellings were allowed in the area. Don Schneider explained what kind of structures can be built in the R-2 zone and stated that the new lots that would be created by this lotsplit could only have single family dwellings constructed due to their total lot sizes. Motion by Larson, seconded by Fowler, to recommend to the City Council the approval of the lotsplits as proposed for Lots 9, 10, 11, 12 and 13, Block 89, Columbia Heights Annex to Minneapolis including variances of 1.7 feet for Tracts A & B and a 1.6 foot variance on Tract C. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE AUGUST 8, 1994 CITY COUNCIL AGENDA. Eo Public Hearing Lotsplits Case #9408-37 City of Columbia Heights RE: 1319 N.E. 44 1/2 Avenue Columbia Heights, Mn. Mr. Schneider presented the request of the H.R.A. to horizontally divide the 100 foot by 250 foot parcel described as lots 8 and 9, Doneroving Addition to create two 100 foot by 125 foot lots for development. City records indicate that the lots consist of poor soil and would need extensive correction before any structure could be placed on either site. He informed the Commission that the lots were previously owned by Anoka County but were not sold as there were extensive assessments attached to the property. The City obtained the parcels from the County for a minimal fee and the PLA~,IYIING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 2, 1994 PAGE 3 assessments have now been forgiven by the City in an attempt to sell them. Attention was directed to a letter received from Karen and David Lennox of 1311 N.E. 44 1/2 Avenue who were also in attendance at the meeting. They expressed concerns regarding the soil conditions of the lots and methods that could be used for soil corrections prior to future construction of homes on the lots and wanted assurance from the City that methods used for soil correction would not adversely affect their property. They also wanted the City to allow only single family homes to be built in the area. Karen Lennox addressed the problems that exist with the house located at 1334 N.E. 44 1/2 Avenue which is vacant and uninhabitable. That house was built on pilings. She stated that when they built their house, they had all the poor soil removed and replaced prior to construction at substantial cost. Discussion was held regarding splitting the lots three ways fronting on Buchanan Street. By dividing the lot into three smaller lots approximately 82 feet by 100 feet, the tot area requirement of 8400 square feet would not be met to allow a two family dwelling in the R-2 Zoning District. Attorney Hoeft addressed the concerns of the residents regarding protection of the adjacent property against damage caused by any type of soil preparation that will be necessary if any homes would be built on the newly created lots. He stated that because the City owns the lots, the City will have control over what could be written into the purchase agreement. The purchase agreement could address the use of'the best available engineering standards at the time to assure an appropriate pil- ing/compaction system is used for any proposed construction on these lots. Motion by Larson, seconded by Fowler, to deny the lotsplit as proposed for 1319 N.E. 44 1/2 Avenue. Roll Call: All Ayes. OLD BUSINESS: Fo Public Hearing Lotsplit Case #9405 - 18 Abe Heppner 4315 Central Avenue Columbia Heights, Mn. Evelyn Nygaard presented the request of Mr. Heppner for a lotsplit of 4315 Central Avenue. She stated that this case had been tabled a number of times since the May 1994 meeting for lack of sufficient information. The former City Attorney representative, Mark Gilbert, had stated that it would be premature for the City to take action on this lotsplit request until the owner resolved the question of the NSP easement regarding and its release is submitted as well as the question of other easements that exist and the City is provided with properly written lot descriptions that include the various easements that exist. He also stated that action on this request at this time would compromise other property owners rights due to the easements that exist. Ms. Nygaard stated that, as of this date, the only new data that has been submitted by Mr. Heppner was a partial release of the NSP easement and it was not a signed document. It also appears that NSP has relocated their easement and taken more area than before. Dick Nowak, realtor, and Abe Heppner were present. Mr. Nowak stated that Mr. Heppner is pursuing the lotsptit so he can obtain some "tax relief". He indicated that Mr. Heppner also wants to possibly install a fence and some bushes to beautify the area and to keep trucks from parking in the PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES AUGUST 2, 1994 PAGE 4 area and breaking up the blacktop. He indicated that Mr. Heppner didn't necessarily want to sell the lot right away but perhaps in the future. He just wanted to obtain approval of the lotsplit at this time and make it available for sale in the future to any interested party. He stated that they are not concerned with whether the lot is buildable or what is built on it. He indicated that the parcel is half an acre and is "just sitting there" and not useful to Mr. Heppner. Mr. Heppner stated that he would like to obtain the lotsplit as the property could surely be useful to someone. He thought everything had been resolved between the City Attorney and his attorney as far as the easements were concerned. He did not understand why all the easement information was necessary. Council Representative Peterson commented that the situation seems to have changed since the last meeting where a daycare center was proposed. Attorney Hoeft stated that his office had not been in contact with Mr. Heppner's attorney, that any communication was probably handled by the former City Attorney's office. He also stated that Mr. Nowak's comment about Mr. Heppner seeking the lotsplit for tax relief was invalid as Mr. Heppner could request a tax abatement or tax appeal hearing with Anoka County without a lotsplit. He also stated that the aesthetics would have no bearing on a lotsplit. Mr. Heppner can plant bushes or install a fence without a lotsplit. If Mr. Heppner can no longer afford to maintain the property, the attorney stated that is not a tax problem or a City problem. Attorney Hoeft also stated that the easements on this lot create an unbuildable parcel if a lotsplit occurs without the easements being cleared or released. If the lotsplit goes forward for approval the easements then become the City's issue. He stated he could not recommend approval of the lotsplit. If Mr. Heppner comes to the City with a signed purchase agreement, it then would be appropriate for the City to address a lotsplit. Mr. Nowak stated it is necessary to define what they are selling before they can market property. He felt that a lotsplit had nothing to do with what future building will be built. Motion by Fowler, seconded by Larson, to deny the lotsplit request for 4315 Central Avenue. Roll Call: All Ayes. Motion by Fowler, seconded by Larson, to adjourn the meeting at 8:10 p.m. Roll Call: All Ayes. Respect f ullfif/sub mitt ed~"---~ x ~ath)yn Pepi~ ~// Secretary to the Planning and Zoning Commission kp CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning and Zoning APPROVAL BY: Evelyn Nygaard~m~z-- BYi~ ITEM: Conditional Use Permit, Rainbo~ Foods _~,,, I NO: #9408-33, 4300 Central Avenue ~ DATE: August 4, 1994 Dennis Dehling, Manager of Rainbow Foods at 4300 Central Avenue, submitted a request to the Planning and Zoning Commission for approval of a Conditional Use Permit to allow the installation of a temporary 30 foot by 60 foot tent in the east portion of the parking lot for a special promotion from August 27-29, 1994. The Planning and Zoning Commission unanimously recommend the approval of the Conditional Use Permit provided a $500 deposit is submitted to the City prior to the installation of the tent to assure removal and clean-up of the area no later than August 30, 1994. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to allow the temporary use of a 30 foot by 60 foot tent from August 27-29, 1994 in the easterly parking area provided a $500 deposit is submitted prior to installation to assure removal by August 30, 1994. COUNCIL ACTION: ccag894.nol OITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit ~ Subdivision Approval Site Plan Approval ,, Other Address of Subject Property: Street 2. Legal Description of Subject Property:. Applicant: Address: Phone: 5. Description of Request: Name: Address: Phone: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning. Proposed Use ~ ~ ?- ~., ?¢9¢ ~ -~o'~ ~o' ~ Exhibits Submitted (maps, diagrams, etc.) 9. Acknowledgment and Si~nature: The undersi~ned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, th~ %11 statemen~ here~ are true and that all work herein ~ ~C~~ ~t?le~nances °£ the city °f c°lumbia Heights ~t~e~a~l~fb~h~°~, t /x~/Signatu e of Applicant:., - - - - "' Taken B~: ~ KRAUS-ANDERSON REALTY COMPANY Development · Leasing · Management July 18, 1994 Ms. Kathryn R. Pepin License/Permit Clerk CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, 51N 55421 Dear Kathryn: This will serve as notice that Rainbow Foods, our tenant at the Central Valu Shopping Center in Columbia Heights, Minnesota, will be having a produce tent sale on August 26, 27 and 28th, 1994. If you have any questions regarding this matter please feel free to bring it to my attention. Sincerely, KRAUS-A/~DERSON REALTY COMPANY William A. Wanner Property Manager WAW/vp 523 South Eighth Street · Minneapolis, MN 55404-1078 · 612/332-1241 · FAX 612/332-8940 CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning and Zoning APPROVAL ITEM: Special Purpose Fence, Linda Mehner BY: Evelyn Nygaard~--- BY.~--~]]~ NO: Case #9408-34, 4055 Jefferson · DATE: August 4, 1994 The Planning and Zoning Commission reviewed the request of Linda Mehner for permission to install a six (6) foot high special purpose privacy fence made of solid board materials along and inside the south side property line from the front of the house to the southwest corner of the detached garage. The adjacent property owners signature of consent has been obtained. The Planning and Zoning Commission unanimously recommend approval of the requested special purpose fence. RECOMMENDED MOTION: Move to approve the six (6) foot high special purpose solid board privacy fence for 4055 Jefferson Street as requested. COUNCIL ACTION: ccag894.no2 CITY OF COLUMBIA HEIGHTS Application For: Rezoning .. Variance Privacy Fence Conditional Use Permit Subdivision Approval _.. Site Plan Approval _ Other Application Date: 7//~/ Case No: Fee O, Date Paid Receipt No:  Street Address of Subject Property: ~'O~ 2. Legal Description of Subject Property: Applicant: Name: ~,~p~ Address: Phone: Owner~. Name: Address: Phone: Install a six (6) foot high special purpose privacy fence of solid 5. Description of Request: board materials. Zoning: Applicable City Ordinance Number Present Zoning Present Use privacy 7. Reason for Request: Section Proposed Zonin~ Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State,Minnesota. Signature of Applicant. ~//~f~ ~~ Date: Taken By:. (applicant' / (he t of fence) u~2~i'~'±CATE OF 'F~NCE 'CONS]3~1T request your written consent to construct upon my property (applicant's address) -(distance) in from my property 3~ue. A true and accurate sketch of the location of the fence on the ~pplicant's property. '(Be accurate in your measurements; it will avoid later misunderstandings and conflicts. ) Signature / Acknowled~nt and Signatures. 5he undersigned fully understands the request herein mentioned and agrees to consent to its height, type and location. ; Address Signature ; Add~ess scALE-' CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning and Zoning APPROVAL ITEM: Special Purpose Fence, S. Anderson BY: Evelyn Nygaard~ BY:~~_~ NO: Case $9408-35, 3931 Quincy Street DATE: August 4, 1994 Mr. Anderson's request for permission to install a five (5) foot high solid board horizontal special purpose privacy fence along and inside the south side property line from approximately the front of the house to just beyond the rear of the house to serve as screening from the alley easement area of the adjoining industrial property was reviewed by the Planning and Zoning Commission at their meeting of August 2, 1994. The Planning and Zoning Commission unanimously recommend approval of the requested fence. RECOMMENDED MOTION: Move to approve the five (5) foot high solid board privacy fence at B931 Quincy Street. COUNCIL ACTION: ccag894.noB CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other ~ee: .AJ/~ Date Paid Receipt No: Street Address of Subject Property: Legal Description of Subject Property: 4. 0wne r: Name: ~~ Address: Phone: ~ '-/~ ~ ~ Phone: Description o£ Request: ~~~ Zoning: Applicable City Ordinance Number Present Zoning Present Use 7. Reason for Request: Section Proposed Zoning Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Sizuature: The undersigned hereby represents upon all of the penalties of laW, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights State of ~innesota. ,nd th, l,., o£ ,~esignature of ~ ' '~f~~ /~ ~/~ Taken By:_ (applics~flt' s naws') f (height of fence) Y&~Of~equest your written consent to c~nstruct (type of fence, material and ' t~mn my property (applicgfft' ~ address ) (distance') A true and accurate sketch of the location of the fence on the applicant's property. (Be accurate Ln your measurements; it will avoid later misunderstandings and conflicts. ) Aaknowlec~nt and Signatures. ~he undersigned f~lly understands the request c et o ts type herein mentioned and agrees to c~Ft~t°~tc~T'~ height, and location. SignatUre ~ ; Address Signature ; Adc]r~ss Signature ; Address CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 8 CITY MANAGER' S APPROVAL ITEM: ZAIDAN HOLDING NEGOTIATIONS BY: PaT HENTGES BY:~~ NO: 8 A DATE: 8- 5- 94 DATE :~-~r~ - ~m~md mn ~bm Wmr~ ~mmm~mn discussion with Zaidan 5oldin~s reoresentatives, I enlisted Holmes a and Graven to assist me in preparing a Negotiation Agreement between the HRA, City, and Zaidan for payment of the tax delinquency and tax increment obligations on the Columbia Heights Business Center property. The agreement which is non-binding, sets forth the basic outline for a plan to have the back tax issue addressed. The settlement concept involves: - payment of at least $200,000 towards back taxes - payment of the balance of the back taxes (mostly TIF's) on a schedule of payments - adjustment (credits) to back payments only as the back payments are made and based upon the adjusted future value of the building. - a new market value going forward, based upon an independent appraisal and the final value determination of the County Assessor. - provide some level of security for back payments and future tax increment amounts. - clearance of tax delinquent years through a check exchange. I believe approval of this outline is necessary because the ultimate agreement will not only involve the approval of the HRA, City, and Zaidan, but also the cooperation of the County and maybe even the School District. Additionally, the City will need to enlist the services of an independent review appraiser and Zaidan will need time to raise the first of the back tax increments installments. Anoka County will be key in terms of pulling together a final agreement as the County Officials will have to address the following: - set a final market value based upon the independent appraisal, and the final opinion of County Assessor. - address all interest and penalties as the County and School District receive all of the P & I charges (even of the TIF amount). - approve simultaneous repayment of back TIF payment made by the HRA, in order to clear the tax delinquent years on the property. I have forwarded a copy of the agreement to the County, but the'schedule of the County Attorney's schedule has prevented us from meeting before the City Council meeting. Additionally, the proposed agreement has some side benefits such as the free-rent of 4,5000 sq. ft. to Anoka County Business Partnership for incubator space development; and, an upgrade to the building's maintenance including the recaulking and cleaning of the exterior curtain wall and tuck pointing of brick portions as needed. I emphasize that this agreement is only the first step in the process and there is considerable negotiations and unresolved issues including back payment schedules, security on future payment, future market value, etc. I don't expect a final agreement for at least thirty days. RECOMMENDED MOTION: Move to approve negotiation agreement with Zaidan Holdings regarding payment of delinquent taxes on Columbia Heights Business Center and Tax Assessment Agreement and authorize the Mayor and City Manager to execute the same on behalf of the City. COUNCIL ACTION: I~EGOTIA~ION day of ~NT ~ted ~ o~ ~ ~ .... ~-for the Ci~ of colum~ ~--~THIS AGRE ~d R~evelopmen~ A~t~_~~w ' ~ts apub~cb Y._~ ~_ · . ~eso~mu~ "City") ~d ~ HOA~, - ' ~EE~S, ~d~ Is ~e o~e~ of ce~~n p~per~y k~o~ He~hts BUs. ess Center ~d le~ desc~bed on ~e a~ched ~EE~S, ~e ~i~ ~nter property ~ develope~ ~ment ~s~s~ f~m the Am~o~tY u~der a Contact for p~vate RedeVelopment ~i~ Develo~~) ' dated J~e 1, 1981 (~e .~ce ~ter ~nt~ct"); ~d ~EA$, ~e Au~o~ ~ the ~or ~fice ~veloper ~~ Ass~s~t A~~ent ~ted Septem~r 27, 1984 (the -~fi~ Center Assess~ut A~merits) ' w~ch es~bHshed a ~um market vatue ~or ~e ~ce He~hts ~ ~d 1~ __.,_ o~ed by ~o~her en~ wMoh p~per~ ~ ~~ ~ ~c~ment R~evelopm~t ~e~n ~sis~ f~m the A~o~tY under a Con. ct for ~ER~$, the Autho~ty ~d ~e ~or M~[1 Developer ~r~ Assess~n~ A~ment dated Au~St ~, 1983 (the "~ Assess~n~ A~ment"), wmcm established a ~~ m~Eet v~ue for ~e ~1 ~pe~y; ~ Assessment A~eSt ~d ~ER~S~ ~e ~=t s~tus of ~e of ~n~g subsequent amendme=t thereto ~ the ~d the Au~O~ ~e Ci~ ~ ~oka Co~ (~e ~Co~ty"); ~EE~S, the City issued ~=e~ o~H~on ~x ~c~ment ~ ~ ~ ~c~men~s f~m ~e Offi~ Center ~pert2 ~d the o~er ~ ~t development o~ ~o~ p~J~ts; ~ER~S ~ ~ P~~ ~es on ~e ~ce Cente~ P~pe~2 ~ ~tly de~uent ~ t~t p~per~ ~ e~cted ~ forf~t to ~e~que=cy ~ noZ ~ed; ~ WH~S ~ ~ ~ ~e Autho~ ~ ~g X ~ order to ad~ss the ~ de~quenCy · .,~-~ tow rd ~ ~men .......... ~.~ he~ · ~0-?0 NOW, THEREFORE, in considera~ion of Zhe foregoing and the muXu~l covenan~ and obli~a~on$ set forth here~n, The pa~es a~ree as follows: 1. The Authos4ty, CI~J and Zaide~n vWAll proceed ~rl~h ne~o~ a~em~ ~o fo~e a def~ve a~men~ ("~tlement A~ement") 2. The ~es ~ ~ ~ ~ a s~t~ po~t for ue~a~o~, they ~e ~e Se~ement A~ement on ~he fo~o~ ~ne~ te~s: (a) Upon exe~on of the Se%~emen% A~ment, $2~,~0 to~ de~queu~ p~per~y ~es on ~he ~fice ~er ~r~y, ~o~her ~h su~ ~te~st ~d pe~a~es on de~nquent ~es ~t ~e ~o~ abated by ~e ~un~y. (b) ~ ~ ~se A~ be~t ~fo~$ ~o ~es ~d ~te~st on ~e ~fice p~r~ ~o %he ex,eh% au~o~d by (e) Upon exe~on of ~e ~ttlement A~men~ the b~ce of de~quen~ ~es no% a~ted or . . · ~ders~~ ~d e~ecm~on t~t ~he Co~ the Au~o~ the ~on of such ~es that ~ne~%ed by ~he ~f~oe ~n~er P~pe~Y for ~e ~lev~t ~x 7~rs. ~xe~ ~d by The Autho~y, w~ poruon ~ would ~ve b~n payable dung ~e de~uent ~ue ~ %e~ the -mount ~ ~_~r ~~4 (f) of t~s Se,~on. The ter~ of such ~pa~ens~ m ~ n,~mber of y~ end ~ter~t (e) Z~ ~ p~de se~ %o ~he Au~ho~Y for i~ repa~en% ohMS%ion ~der ~~ph (d), ~ a ~orm muX~Y a~ble ~ ~e Au~ho~ (f) The Au%ho~Y or ~ ~ ob~ ~ ~dependen~ ~fAce Center ~pe~y ~d ~ub~ ~e resuh ~ort ~o de~e~e ~e ~n~ ~=ke~ v~ue of su~ p~pe~y. The Au~o~ ~d ~ ~ ~end ~he ~fAce Oen~er ~sessmen~ A~men~ mi~,m market v~ue of ~e ~fi~ Center ~pe~y ~o ~e ~u~ ~ke~ 'v~ue ~ de%e~ed by the ~~ As$~sor, p~dur~ ~q~d ~der ~uesom S~a~e$, ~c~on 467.177, subd. 8. ~fi~ ~nter ~oper~ to the Ano~ Cowry ~usm~s pa~ers~P for a bus.ess incubator offi~. The ~n~ ~ eq~ the appor~oned s~ of p~pe~y ~es, ~$um~ng ~e ~du~d ~rket v~ue ~de~ ~~ph (f). The ~ te~ of ~e l~e ~ be one %he~ter. (h) Wi~h~.~ s~ mon~ ~er execu~on of ~e ~et%lement A~ment, ~ ~ ~~ ~d cl~ The exactor cu~n ~ of the ~fice Cen~er ~pe~y, ~d ~ ~ucEpo~ ~he b~ck potions of ~e ex&e~or as n~ded. · d Cit wilt oons~de~, as part of %he Settlement ~ The Au~o~ ~ Y ( ) e M~I Assessment A~ ., . A e~ent, a mo~~n of ~ .... ~ ...... ~ mo~i~uon of ~e Off~ ~nte~ Assessment A~ement ~d the Autho~tY*s other ~s~te~ce that P~~ ~sults ~ a ne~ ~ ~ ~~ted ~ ~nc~nt over the ,~ o~ ~c~ment ~e Au~o~%Y ~ ~i~g ~m ~e ~fi~ Center A~men%. (~) The Settlement A~~nt ~ ~ciude a pro.On =--e * ~nst ~y o~er clef_ms ~t ~Y party ~Y ~v ~ .... ~fice Center Prope~Y ~d the ~ ~ope~ ~he ewen~ of d~a~t ~der ~e ~t~eme:t Au~ho~7 or Ci~ ~ unde~e the a~no~ to ' e~f. TheAu h [~ .... ~A h .... . ...... *o~d a Set~emen ~hd~w z~m ne~o~uu== - Ci~ de~es %hat i% ~ ~ i~s ~s~ ~te~st not ~o A~men~. Th~ A~o~i~ or City may t~r~ ~o~ o _ .... '--f~m te~-~on of %~ ~u ~++l~m.n~ A~~n~ o~ Au~o~ or q~ ~% ~%~tho~v or City to Center ~n~e~ or t~e ~ ~ s~fi~en~17 ~ven ~ sen~ ~ ~ To the Authority or City: 590 40th Avenue NE Columbia Heights, NSN 55421 To Zeidan: 6. The term of this NegOtiat~on Agreement shall expire on the earlier of the date of termination u~der Section 3 hereof or_ __, 1994. ~2 3 WITNESS W~IEREOF, the Par~es have caused ;h~r~A~greement to be duly i~ ~eir zlames and on ~tleil, betlalf as of the daM f~ above ~tten. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA I~EIGHTS I~s ~hairman By_ I~s"~xecutive D~rec~or CITY OF COLUMBIA HEIGHTS By _ It~ Mayor By_ it~: C{ty ~r ZAIDAN HOLDINGS, INC. Its 4 EXHIBI~r A OFFICE CENTER PROPEI~TY Sd"~7~992 CITY COUNCIL LETTER Meeting of: 8/8/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS 4~ TE.'~ ITEM: AWARD CONTRACT FOR STORM SEWER BY: M. Winson BY: NO. IMPROVEMENTS AT LABELLE POND ~A DATE: 8/5/94 DA In late 1993, City Council authorized advertising for bids on the LaBelle Pond Restoration Project. Bids were solicited in January 1994 but no bids were received. Staff and the consultant, HNTB, have requested quotes for the peripheral improvements (sedimentation basins, outlet structure repair, culvert under walking path) from six firms. One quote was received on August 4. The low quote is from Dave Perkins Contracting for $10,340.00. The required Environmental Assessment Worksheet for the sediment removal from approximately three acres of the pond is out for review by various State and local agencies. It is anticipated that State approval for the sedimentation removal will be obtained by November 1994. Bids will bo solicited in November with construction in January, 1995. Staff recommends awarding the peripheral improvements to RECOMMENDED MOTION: Move to award the contract for peripheral storm sewer improvements at LaBelle Pond to Dave Perkins Contracting of Ramsey, MinnesOta based on their Iow, responsible quote of $10,340.00, payment to be made from Fund 412-59008-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 94-498 COUNCIL ACTION: DRVE P£RKII'.tS CONTG INC. TEL: 6t2-42'~ -~,~nF Ftu!.] $ 94 9:50 No 00t P.02 QUOTATION CITY OF COLUMBIA HEIGHTS LABELLE POND REHABILITATION PROJECT MUNICIPAL PROJECT 9312 FTRM: .~, P,O, i~ PHONE: ~ms~¥, 6 SUMP MANHOLE EXTENSION .. 7 18" CMP CULVERT INLET 5 EXCAVATION ...... MATERIAL DISPOSAl TOTAL QUOTE 43O 430 OY CY THE CITY OF COLUMBIA HEIGHTS IS SEEKING QUOTATIONS TO COMPLETE THE WORK AS SHOWN ON THE DRAWINGS pREPARED BY HNTB CORPORATION. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTATIONS. CITY COUNCIL LETTER Meeting of: August 8, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 FIRE APPROVAL ITEM: AUTHORIZATION TO SEEK RE-BID FOR BY: CHARLES tCEWATT BY: 1250 GPM CLASS A FItLE PUMPER DATE: AUGUST 4, 1994 DATE NO: 9 B The Fire Department has budgeted $250,000 in the 1995 Capital Equipment Replacement Fund for the purchase of a 1995 1250 GPM Class A Fire Pumper. This pumper will replace Engine #3785 and Engine #3786. In response to our Notice for Bids, the city did not receive any formal bids. The City Manager, Fire, and Public Works Staff developed a list of specifications changes that hopefully will promote bidder interest. RECOMMENDED MOTION: Move to authorize staff to seek re-bid for the 1995 1250 GPM Class A Fire Pumper. COUNCIL ACTION: 1. Item to purchase: 1995 Ford 9000 Series 1250 GPM Class A Fire Pumper 2. New; or Replace: x 3. If replace, present equipment data: 3A. Make: Pirsch 1960 x or Used? $ 19,336 MB. Year purchased: 3C. Purchased new? 3D. Original Cost: 3E. Estimated hours/days used per year: 3F. Engine hours used per year if known: 3G. Repair history: Labor cost past $6 months: Parts cost past 36 months: Number of days down time past 36 months: 3H. Operating cost per mile (or other unit of measure), Proposed new equipment to replace item described in ~3 above: dA. Estimated cost of item: $ 225~000 - 250~000 dB. Budgeted money: $_ 250~000 4C. ~here is the money budgeted? Fire Department name: Department line item, Capital Equipment Replacement Fund 4D. Estimated operating cost per mile (or other uzlit of measure) dE. "Features" on new unit that are not on present equipment* see specs a. de ee If first-t~une purchase~ SA. Purpose o£ new item: How is this york presently being done? Cost of doing the task now? SD. Cost o£ doing the task ££ nev item is purchased? Estimated operating cost of proposed new item (per mile or other unit of measure: 5F. Life expectancy of new item: . 25 - 3,0 wears 5G. Fhere wtll new item be stored? Is there space available? Fire Station 6. Person's name making request and providing data~ Fire Chief 7. Date proposed to City Manager: 4-28-94 8. Date reviewed at Council Work Session: 9. Date authorized to take bids: 10. Date of bid opening: 11. Date of Council to purchase: 12. Council action: 13. City Manager's review notes~ 031892 CITY COUNCIL LETTER Meeting of: 8/8/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CtTY'MANAGER NO. 9 PUBLIC WORKS.~ ~ ("~_~--~ ITEM: AWARD OF 1994 OVERLAY PROJECT,,~ ,~ BY: M. Winson /(dr~ BY: NO. #9320, 9321 AND 9322 ~ (~ DATE: 8/1/94~ DATE: On May 9, 1994, Council authorized staff to seek sealed bids for the 1994 Overlay Project, Municipal Numbers #9320, #9321 and #9322. Plans and specifications were sent to 9 companies. Five sealed bids were received for the opening on July 27, 1994, at 9:00 A.M. Refer to the attached bid tabulation and low bid. The low bid was substantially below the Engineer's Estimate. Staff is recommending award of the work to Midwest Asphalt Corp. of Hopkins, Minnesota, for the low, qualified, responsible bid of $167,256.43. RECOMMENDED MOTION: Move to award the 1994 Overlay Project, Municipal Numbers 9320, 9321 and 9322 to Midwest Asphalt Corp. of Hopkins, Minnesota, based upon their low, qualified responsible bid in the mnount of $167,256.43 with funds to be appropriated from the Municipal State Aid Construction Account (Fund 402); and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MA%V:jb 94-496 COUNCIL ACTION: ~z Z CITY COUNCIL LETTER Meeting of: 8/8/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS./~ ~ ITEM: AWARD OF 1994 STREET AND PARKING~ BY: M. Winson ~B'~ BY: NO. LANE STRIPING PROJECTI~t~'*'"',*1) DATE: 8/1/94 DATE: On January 24, 1994, Council authorized staff to seek sealed bids for the 1994 Street and Parking Lane Striping project. Plans and specifications were sent to five companies. One sealed bid was received for the opening on July 29, 1994, at 4:00 P.M. (It is not unusual for the City to receive only one or two bids for this project. Historically, AAA Striping Service Co. has been the low bidder.) The bid is attached. Funds are budgeted for this project in the State Aid Maintenance account ($3,400.00) and the General Fund - Traffic Signs and Signals ¢750.00). The bid price for striping the State Aid streets is $3,514.84 and striping the local streets is $561.11. RECOMMENDED MOTION: Move to award the 1994 Street and Parking Lane Striping project to AAA Striping Service Co. base upon their low, qualified, responsible bid in the amount of $4,075.92 with $3,514.84 to be appropriated from Fund 212-43190-4000 and $561.11 to be appropriated from Fund 101-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MAW:& 94497 COUNCIL ACTION: PROPOSAL t994 STREET AND PARKING LANE STRIPING The undersigned, as bidder, hereby proposes and agrees to enter into a Contract on the forms attached hereto with the City of Columbia Heights, M{nncsota, to supply all labor, materials and equipment necessary for the 1994 Street and Parking Lane Striping within the City of Columbia Heights, all in accordance with the Plans and Specifications prepared by the City Engineer, City of Columbia Heights, Minnesota, for the following sum: Unit Price/Mi. Total Amount 1. 10.094 miles + of broken yellow centerline $. t58.00 $. l, 594.85 '/ 2. 0.409 miles + of broken white centerline $ 158.00 $. 64.62 ~/ 3. 0.085 miles + of dotted white line. $6000.00 $ 510.00 d 4.586 miles + of solid white parking lane and lane marking. $ 349.00 $ 1,600.51 5. 0.065 miles +_ of 8" wide solid white 69 taper marking. $ $. 6. 0.237 miles + of solid yellow centerline. $.264.00 $. 62.57 7. 0.375 miles + of double yellow centerline, 528.00 198.00 v" both solid $. $. TOTAL BID $ 4 ~ 075.92 Respectfully submitted, AAA STRIPING SERVICE CO. Business Name 5392 Quam Avenue P.O. Box 349 Addmss Rogers. MN 55R74 (Seai if bid is by a corporation) · Signature A)~.hori d Agent ~S~a~e~Witness President Title Office Tifie Manager ~9 Date Submitted: July 2'6 ,19 9/4 CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER AUGUST 4, 1994 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF AUGUST 8, 1994 1) OPERATIONAL REPORTS Enclosed are the Operational Reports from various Department Heads indicating significant items undertaken or accomplished for the month of July. 2) SHARED RIDE REPORT Attached please find the Shared Ride Report through June, 1994. 3) COMPLAINT FOLLOW UP- 4616/22 TYLER STREET As a follow up to my recent letters regarding Tyler Street, please note that a rental licensing hearing is requested to be scheduled for August 22nd. It should also be noted that the owner is working very attentively on resolving his code compliance and tenant behavior problems. Attached please find additional information concerning recent police attention to traffic complaints in the area. 4) CIRCLE TERRACE COMPLAINTS Since I last reported to the City Council on Circle Terrace problems, the Fire Department has written up a number of new violations concerning the exterior maintenance and storage. The landlord has also responded formally concerning tenant behavior complaints. I should note, however, that at least in one case, he has received two notices on one tenant, and has chose not to take additional action beyond further warnings. Accordingly, a third notice could result in the City taking action in the form of a revocation hearing. 5) 37TH AVENUE RAILROAD CROSSING Be advised that Public Works Department has approached the City of Minneapolis regarding a cooperative project involving the installation of rubber crossing on 37th Avenue near Stinson Boulevard. To date, we have not received formal response from Minneapolis. However, it appears that they have reached maximum commitments on their State Aid money and as such, the railroad crossing improvements would be a lower priority for the City. 6) CDBG FUNDING PROCESS FOR PUBLIC SERVICE GRANTS Enclosed please find communications from the Human Services Commission regarding their involvement in reviewing CDBG funding requests. In the past, the HRA staff has listed proposals from Public Service agencies and had the Human Services Commission rank the applications to decide which should be included for funding. Last year, the Human Services Commission did not participate in the process. Please advise me as to how the City Council wishes the HRA and City Staff to proceed with securing recommendations for the use of the Public Service portion of the 1995 CDBG Program. City Manager's Report Council Meeting of August 8, 1994 Page 2 7) LMC-COMMUNITY POLICING CONFERENCE The State Office of Drug Policy, League of Minnesota Cities, and Chief of Police Association are jointly presenting a Community Policing Conference on October 27-29, 1994. Registration fee is only $15. It is my understanding that this introductory course will be aimed at both police personnel, managers, and City Council members who are not totally familiar with the Community Policing concept. This may be a good opportunity for the City Council to further understand the concepts of Community Policy and problem-orientated policing. I am in the process of gathering further program information. If you are interested in attending, please contact me as soon as possible. 8) CITY ATTORNEY CONTRACT TRANSITION So far, the transition of duties for the City Attorney's contract is going reasonably well. We are still working out the details of the prosecution duties, as there are a number of cases currently scheduled that need to be phased out and current Council cases coming into the system. Prosecution responsibilities will not be fully turned over to Barna, Guzy, and Steffen, Ltd. until around November 1st. In the meantime, Kalina, Wills, and Woods, et. al., will handle cases that are currently scheduled on the court calendar. With regards to the civil retainer, Kalina, Wills, and Woods, et. al., are completing the real estate transactions on Sheffield, and the three hazardous building condemnations now in process. All other civil matters have been turned over to Barna, Guzy, and Steffen, Ltd. Kalina, Wills, and Woods, et. al. are also completing the following civil litigation files: Zaidan, Hilltop, Mills, Sadlo, and Jacobs. The City is waiting for a Court of Appeals decision on Zaidan; the Hilltop/MWCC suit is in final negotiations before trial; Jacobs is complete except for minor clerical work; Mills is in early stages; and Sadlo will be transferred to insurance company defense. 9) CITY COUNCIL GOAL SETTING MEETING Pursuant to the City Council's direction, I have discussed with a couple of facilitators, the potential of a City Council goal-setting session. Later this month, I will be submitting a list of issues or problems facing the City, together with potential strategies to address them. The City Council will be asked to identify a preliminary priority list or add additional priority issues. A summarized list together with your individual work sheets will be forwarded to the facilitator. The facilitator's job at the goal-setting process is to work with the Council and City Manager to arrive at a consensus opinion as to the highest priority goals or issues facing the City. I expect to arrange this meeting some time in the fall, 1994. 10) CITY STAFF PLANNING AND MANAGEMENT MEETING Be advised that Division Heads and Department Heads and professional staff will be meeting at Murzyn Hall on Tuesday between 9:30 a.m. and 3 p.m. The purpose of the meeting will be to discuss various organizational issues and identify strategies to correct long term planning problems on major issues facing the City. This information will be forwarded in advance of the potential fall plan- ning/goal meeting of the City Council. If you need to get a hold of anyone on Tuesday, please leave a message with the departmental secretary. 11) STATUS OF FEDERAL POLICE GRANT IMPLEMENTATION Be advised that the Police Civil Service Commission is in the process of scheduling interviews with the final police officer candidates and will likely forward three names to the Mayor and Police Chief by the third week in August. It is likely that the two new officers would be selected and begin work in September. City Manager's Report Council Meeting of August 8, 1994 Page 3 Enclosed please find an organizational outline that has been proposed by Acting Police Chief Olson, to meet the Federal Police Grant objectives. Essentially, this involves assigning a Sergeant and one Community Police Officer to three residential districts within the community. The three Sergeants and three Community Police Officers would do problem solving in their districts, follow up on citizen complaints originating in that area, and the COPS would also be assigned as the district car/special patrol function within each of the districts. The investigative Sergeant would be responsible for the commercial areas. Acting Chief Olson is also preparing additional information concerning the use of Police Contingency Funding. It is hoped that this information could be scheduled for Work Session review in September. Additionally, I have met with the Mayor and Acting Police Chief to discuss the status of implementing the ten goals that were listed in the Mayor's letter to the Civil Service Commission and City Council. The Police Chief will be responding in the near future with a written report on the status of the goals. 12) TOBACCO SALES COMPLIANCE CHECK REPORT Enclosed please find a report from the Police Department that was recently filed with my office concerning tobacco sales compliance checks that were undertaken during May, 1994. 13) BEAUTIFICATION DONATIONS Attached please find a memorandum from Carol Frey concerning donations of shrubs and plants for the Beautification Project. The shrubs have been used at Wargo Park and recently planted in the front of the library. cb 94/93 CITY OF COLUMBIA HEIGHTS DATE: TO: FROM: AUGUST 2, 1994 PATRICK HENTGES CITY MANAGER WILLIAM ELRITE ~'}~ FINANCE DIRECTOR OPERATIONAL REPORT JULY 1994 DEPARTMENTAL GOALS: 1995 BUDGET Final updates are being made to the proposed 1995 budget, which is scheduled to be disu4buted to the City Council on August 8th. 1995 ELECTION Staff is preparing for the 1995 election. At this point, the County has scheduled various staff meetings to update City staff on any changes to procedures and the election process. Our vote scanning equipment was updated by the County at no expense to the City with new processing chips. It is anticipated that the new chips will eliminate some of the minor problems encountered in the past with machines rejecting some correctly completed ballots. ISSUES AND PROBLEMS: FINANCE DEPT. STAFFING The three vacancies in the Finance Department have been filled. Jennifer Gentry, who was promoted from Receptionist to the part-time Accounting Clerk position, has gone on maternity leave and will be returning around the first of October. We are attempting to cover that vacancy with current part-time employees working additional hours. WE:dn 9408021 Columbia Heights Fire Department To: From: Subject: Date: Pat Hentges, City Manager Charles Kewatt, Fire Chief Operation Report August 2, 1994 Operation Report July 1994 A. Significant Accomplishments Emergency Medical Calls - 131 Fire or Good Intent Calls - 28 Classification of Alarms Still Alarms - 141 Company Alarms - General Alarms - Total Calls for the Month Other 290 186 22 129 10 10 8 - 159 Hours Station-Duty (paid-on-call personnel) Hours Training (all personnel) Hours Fireworks Duty, July 4th Hours Aquatennial Duty, July 16 & 20 (6 Firefighters, 3 Reserve members, 10 Cadet members) Hilltop Calls Structure Fires w/Property Loss -- Jul 14 4654 Tyler St NE Jul 25 3861-3rd St NE Jul 29 5351 Central Avenue B. Status of Department Goals Apartment $10,000 One Family $ 500 Lumberyard Mutual Aid to Fridley Inspection Status Report for July 1994 will be summarized on next Operation Report. All data not entered. C. Issues or Problems Changes made to Specifications for Fire Pumper. Second Notice for Bids prepared. CWK:cf 94-117 TO: FROM: SUBJECT: DATE: COLUMBIA HEIGHTS POLICE DEPARTMENT Leon","~d M. Olson, Acting Police Chief Operational Report, July, 1994 August 2, 1994. I. Events/Accomplishments Our department personnel participated in this year's 4th of July fireworks celebration, accompanied by police reserve members and Explorer cadets. The evening was enjoyed by numerous residents and went very smoothly. Bo I attended the City special Council meeting of July 25, where the Sheffield neighbor- hood was discussed. The crime statistics show a marked decrease in Sheffield crime reported offenses. I attended the Anoka County Joint Law Enforcement Council meeting that was held July 27. The transportation of prisoners to jail and inebriated individuals to detox was discussed at length. The Council recommended Sheriff Wilkinson contact other Anoka County Chiefs to see if there is an interest in solving this issue. Further progress will be reported as it becomes available. Do I attended the Civil Service Commission meeting of July 28. I presented them with the top 15 candidates that were identified through the pre-screening testing our officers were involved in. They, in mm, chose the top eight candidates and have invited them to the oral test to be given August 4. The hiring process is moving along as planned, with the hire date of September 1 targeted. ff. Projects/Goals On July 29, City staff and I met with representatives of the newly appoint City Attorney's office. Plans were laid to provide for a smooth transition of our prosecution needs. Bo I have received receipts from the State Office of Drug Policy, the originating agency of our present state grant, showing we have completed the next to last evaluation period. There is one more final evaluation and due September 1. This grant is nonrenewable and will expire. C. The federal grant local plans are reaching a final point with some announcements to be given to residents at National Night Out gatherings on August 2. Operational Report Page 2 August 2, 1994 llI. Issues/Problems mo Several areas in our city that tend to generate traffic complaints have been the focal point for some proactive and reactive police assignments. Areas addressed for speed are 44th Avenue--Cenu'al to Reservoir, Chatham Road, 49th Avenue--east border to west, the alley 46th to 47th Tyler to Polk Street, to name a few. Stop signs patrolled were 40th and Polk, 48th and 4th, 45th and Arthur, to name a few. B. We continue to work the Conduct ordinance regarding several buildings in the 4600 block of Tyler Street. Landlords appear to continue to be responsive. LMO:mld 94-206 TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Recreation Department PATRICK HENTGES, CITY MANAGER ~ARK S. CASEY, DIRECTOR OF RECREATION MAN,~'GER CITY OF IXEUMEItA HEIGHTS OPERATIONAL REPORT, JULY 1 THROUGH JULY 31, 1994 AUGUST 2, 1994 2 o 5 o 2 o Administration The 4th of July Fireworks celebration went off without a hitch. Besides the generous contributors, this event would not be possible without the cooperation of Public Works, Police, and Fire Departments. A reception was held for Bill Hollom's twenty-six (26) years of service to the Park and Recreation Commission on July 27, 1994. Bill received recognition from the State of Minnesota (Bill Hotlom Day Proclamation), City of Columbia Heights (plaque), Anoka County (proclamation), Columbia Heights Athletic Boosters ($50.00 certificate), and the Park and Recreation Commission (framed picture of tree dedication). A meeting was held on July 29, 1994 with city representatives and a representative from Rapid Graphics to review proposed changes in the City newsletter. Recreation Youth and Traveling Baseball concluded their respective seasons. Overall, the seasons were incident free. A summer wrap-up report will be available soon. Youth Softball season will conclude on August 6 with a softball tournament of twelve (t2) competing teams at Huset Park. Camp Heights and Recreation Round-Up are beginning their final sessions. Adult Softball League play is completed with the top teams in each league beginning their playoffs. Top qualifiers from our league will advance to regions and possible state playoffs. Suraraer Soccer was conducted with twenty-five (25) participants taking part in fundamentals and scrimmages. Summer Gymnastics and Tennis lessons were completed. Seniors Defensive Driving classes were held on July 7 & 8 and on July 14 & 15. A total of sixty-eight {68) seniors participated in these classes. Twenty-four (24) seniors participated in a two day trip on July 8 and 9 to the Laura Ingalls Wilder Pageant in Walnut Grove. Thirty-six (36) seniors participated in an outing to the Minnesota Zoo on July 19. Thirty-four (34) seniors attended the "St. Paul Gangster Tour" on July 28 and had lunch in the caves. Page Two Operational Report - July 1 through July 31, 1994 (Seniors, continued...) 5. The Senior Coordinator taped a seniors segment for the cities cable program. 6. Eighteen (18) seniors are continuing to participate in the "Health Promotions" class which meets for six (6) sessions. 2 0 3 o 4 o Volunteer The Columbia Heights Beautification Project received a donation of shrubs from the Outback Nursery in Hastings. These shrubs will be planted at the library and in Wargo Court. The Volunteer Coordinator worked with Intern Lee Mattson on the materials presented to the council on July 14 concerning the development of neighborhood associations. This report and the research done by Intern Scott Fremont indicates the city will benefit from the development of neighborhood associations in up to eleven (11) different configurations. The Community Service volunteers from the Anoka County Restitution Program have completed the mulching and wood chip project at Murzlrn Hall. The Volunteer Coordinator has met with representatives from Community Education a/Id the Central Middle School PTA to develop volunteer programs for their projects. A representative from the N-E1 student body will be recruiting for a volunteer program at the school. The Volunteer Coordinator is assisting the student in his recruitment efforts. John P. Murzvn Hall In 1994 thirty-eight (38) out of fifty-two (52) Fridays and fifty {50) out of fifty-two (52) Saturdays are booked, and in 1995, eight (8) Fridays out of fifty-two (52) Fridays and forty-one (41) out of fifty-two (52) Saturdays are booked. COLUMBIA HEIGHTS PUBLIC LIBRARY 820 - 40th AVENUE N. E. COLUMBIA HEIGHTS, MN 55421-2996 PHONE: (612) 782-2805 FAX: (612) 782-280;3 TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Patrick Hentges, City Manager M. Rebecca Loader, Library Director July operational report July 30, 1994 Significant Accomplishments A. B. C. D. E. AU!-~ _.1 1994 Summer Reading Club currently has 777 children enrolled. CiTY OF C~!jJ?,::~iA HEIGHTS The Friends met on 7/11 with eight members present, The Board met on 7/5 with four members present. Senior Citizen Filmtime on 7/13 had 22 in attendance. The Tuesday Special on 7/5 was "Willy Wonka and the Chocolate Factory," and drew 54 children and 10 adults. F. The Tuesday Special on 7/12 was Ross Brown (folksongs) and had 154 children. and 35 adults in attendance. G. The Tuesday Special on 7/19 was David Malmberg (ventriloquist) and drew 118 children and 38 adults. H. The Tuesday Special on 7/26 was James Gerholdt (reptile show) and drew 242 children and 52 adults. I. Preschool Funtime on 7/7 had 42 children and 18 adults making spaceships with Martians. J. Preschool Funtime on 7/14 had 29 children and 12 adults making masks. K. Preschool Funtime on 7/21 had 38 children and 17 adults making clown puppets. L. Preschool Funtime on 7/28 had 39 children and 18 adults making Indian shields. Each of the Preschool Funtime sessions was accompanied by related stories. II. Departmental Goals III. A. The camcorder circulated five times in July. B. Becky. spoke at the Kiwanis luncheon on 7/5. C. Marsha celebrated her 6-months anniversary on July 10. D. Becky attended the Vision 2025 meeting at the County on 7/15. She is a member of a group of librarians working on long-range planning for county library services. E. Marsha attended a puppet workshop on 7/15. F. Jeanine participated in a cable shoot on 7/22. Issues and Problems A. The construction project is proceeding slowly. JUNE CirculAtion LIBGIS 1993 1994 1993 Adult 6705 6421 Reference 2264 Juvenile 7065 7427 Dir. A 532 13770 13848 Dir. B 62 Work days 26 26 Work days 26 1994 2107 349 55 26 recycled paper TO: FROM: DATE: SUBJECT: M, Rebecca, Lee, der, Library Director Marsha Tubbs, Children's Librarian July 29, 1994 National Puppeteers Festival I attended the "Mini National Puppeteers Festival" on July 15. This regional session was held on the St, Paul campus of the University of Minnesota, After registering at 8:00 I proceeded to my first session selection which was Plaster Mold Making, ! stayed approximately 40 minutes but left when the facilitator described the next step as "extremely dangerous and required a ventilating mask and must be done outdoors", I split the next h.our between two sessions, Making Mannequins Easy was very interesting and consisted of body'parts from styrofoam and pre-cut wood purchasec~ at a lumberyard, Mannequins would be great fun sometime in the future, but much more difficult to operate and direct. The most interesting session of the morning was Puppet Movement and Manipulation was conducted by a woman from Houston, Texas who used a puppet table rather then a stage. Her puppets were stuffed bodies on sticks and operated as if they were mannequins without strings, I picked up some useable tips on puppet construction and repair here. The afternoon sessions proved very worthwhile. Believe it or not, I skipped the Puppetry in the .Library session, After evaluating the display, which consisted of finger puppets and glove puppets. I decic~ed ! wanted to see something "more creative" so I attended the workshop Hand Puppet Construction by Karen Backes. Karen has been doing puppetry locally for 10-15 years and has a pattern available for 17 different animal puppets, I picked up some tricks on construction of eye, ears, and mouths, 1 also was able to locate a company as supplier for Tempo Fabric. Hopefully we can get a catalog and begin our own puppet/book prop construction this fall, Karen's workshop then moved to TV Puppetry 101 where we spent the next hour practicing the use of puppets for TV taping. A variety of techniques were demonstrated and everyone was given a chance to "try" the technique, I believe that at some point in time given some new equipment we might be able to produce some puppet plays or storytimes with puppets to air on the Library Channel. But everything in good time. The day closed with a presentation by the Eulenspiegel Puppet Theatre of Hansel and Goosel. Very well done. I had cokes with some of the other people attending and discussed the pervious days sessions. One individual gave a detailed description of a shadow puppet workshop that everyone agreed was the highlight of the day. I took notes and made drawings as this sounded like something we could use with storytime this fall, TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Public Works Department PATRICK HENTGES CITY MANAGER I) MARK A. WINSON ~ff~) CiTY PUBLIC WORKS DI~CTO~CITY ENGI~ER OPERATIONAL ~PORT - ~Y AUGUST 3, 1994 SIGNIFICANT ACCOMPLISHMENTS General Responded to 66 Gopher One-Call requests. Completed second DED inspection. Identified 4 hazardous trees for removal. Wood chips were made available to the public for pick up. Sent 7 notices to residents for non-compliance with visibility ordinance. Completed specs for tandem dump truck. Ordered 625B Case front-end loader. Sewer & Water Repaired water break in alley behind 3800 Polk St. Disconnected the sewer and water services on City-owned property in the Sheffield area. Replaced 2 catch basins and 30' of storm line on Van Buren just south of 39th Ave. Removed storm sewer line on 5th St. just south of 39th Ave. Removed parking stops from Sheffield project. Replaced 32' of storm sewer line on Jefferson between 50th and 51st Ave. Performed monthly sanitary sewer manhole check. Finished plumbing Mathaire pool. Repaired catch basins at 50th & Univ., 1015 44th Ave., 4119 Tyler. Lowered catch basin, 3rd & Edgemoor. Repaired Van Buren parking lot sprinkler system. Maintenance of lift stations and pump houses. Operational Report - July August 3, 1994 Page 2 Parks Cleaned up Huset Park after the fireworks. Began installing a light at Keyes Park for use in the sliding area. Removed dead tree from Huset West Field #3. Boarded broken windows in the Sheffield project. Chipped brush pile in MSC yard. Planted 3~" pin oak behind JPM in honor of Bill Hollom's years of service to Park and Recreation Commission. Repaired sidewalk and fencing at Mathaire Park pool. Maintained the yards in the Sheffield project. Mowed and trimmed as required City-wide. Prepared ballfields as required. Picked garbage as required. Maintained pools as required. Scraped Gauvitte hockey rink in preparation for painting. S meets Finished preparing the seal coat area. Removed hazardous tree branch from street at 41st & Van Buren. Removed storm damaged tree on Stinson south of the water tower. Paved sidewalk area leading to Mathaire pool. Swept low areas after heavy rains. Cleaned catch basins City-Wide. Hauled asphalt and concrete debris to Midwest. Patched water break hole in alley Polk to Tyler, 37th to 39th. Hauled fill to Gallagher's. Trimmed 4 storm damaged boulevard trees. Repaired Jefferson, 50th to 51st where the sewer was repaired. Repaired 5th St., 38th to 39th where sewer was repaired. Engineering * Continued work on several projects as follows: 1993 Storm sewer Improvement Project. Mid-block lighting in NW Quadrant. 1994 Miscellaneous Concrete. Operational Report - July August 3, 1994 Page 3 Street Striping Railroad crossing on Stinson Blvd. north of 37th Ave. Courtym'd drainage - Library. 1994 Overlay Project. Milt Street Project. Sidewalk - 44th Ave., Tyler Pl. to Reservoir Blvd. Catch basin stenciling project. Mathaire wading pool repairs. Reroofing Pump Station #3. Miscellaneous permits, surveys, drafting and filing. GIS utilities. Continued working with City of Fridley on North Corporate Limit storm drainage and Highland Lake Diversion. Continued working with HNTB on LaBelle Pond Water Quality Improvements. MAW:jb 94-509 0~ CITY OF COLUHBIA HEIGHTS POLICE DEPARTHENT TO: Pat Hentges, City Manager SUBJECT: Speed Complaints DATE: August 1, 1994 Based upon open microphone complaints at the council meeting July 25th, I assigned officers to patrol the alley 46th to 47th Tyler to Polk street with radar. The assignment was from July 26 through July 28. One tag was issued on the 26th and the officers remarks were that the traffic was extremely light. This was contrary to the "Taylor's" complaint. I will continue to request officers to patrol the alley while they make their passes through the Sheffield neighborhood. Alleys ,by the way, are very difficult to run radar in. Let me know if you need anything further. attachment/' PROACTIVE ASSIGNMENTS The following assignment is specific in nature and to be accomplished when free time al lows. The assignment is Directed by blocks checked below, Please fill in the lower portion of this form at the end of your shift. I need your feedback. CHECKED BOX(ES) APPLICABLE FOR YOUR SPECIFIC ASSIGNMENT. PATROL IN GRID / AREA: PATROLLING BY GRID OR AREA DLIE TO: [ ] BUSINESS BURGLARIES [ ] ACCIDENTS [ ] ALLEY PROWLERS ~ ~ SPEEDERS ~ [ ] TRAFFIC COMPLAINTS [ ~ ] LOITERING CRIME JUST OCCURING VANDALISM THEFTS LOUD PARTY RESIDENTIAL BURGLARY PARKING DETAIL OTHER [ ] DISTURBANCES [ ] CAR BREAK-INS [ ] GARAGE BURGLARY PARK PROBLEMS If BICYCLE THEFTS [ ] AUTO THEFT -~'~, : · I Found at specific location / area: Time spent: ~- r4'~IZ° Problems you encountered: List your accomplishments: ) MTO CAPTAIN OLSO~ LOCATION: II T I MES till 0 - 25 MPHI 26 - ~5 MPH 40 AND OVER :56 - :59 MPH LOCATION: DIRECTION: TIMES 0 - 25 - ~ ...... I ....... I v zJ ,,nm z~ - om mFH 56 - 59 MPH' 40 AND OVER to to to - to LOCATION: DIRECTION: TIMES O - 25 MPH 26 - 55 MPH 56 - :59 MPH 40 AND OVER ,° CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 J,~s~ph Slurdevant Councilmembers Donald G. Jolly Bruce G. Naw~ocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges TO: FROM: Don Schneider, Community Development Direct DATE: June 9, 1994 RE: CDBG FUNDING RECOMMENDATIONS FOR PUBLIC SERVICE ACTIVITIES FOR FY1995 CDBG PROGRAM , .' etter from Patrice Seawell, Co-Chair of the Columbia Enclosed is a 1 ...... inN the ~ast year we did not , ervices commlsslon, uuz ~ ~ o Heights Human S ........... ~ = ~ortion(up to 15~) of our seek their recommenGa~tons Ior u~ u~ ~ ~ annual allocation of CDBG funds through the Anoka County CDBG Program. Ms. Seawell is requesting that they be involved as they were in years prior to last year. Prior to last year, HRA staff solicited proposals from public service type agencies and had the Human Services Commission rank the applications to decide which should be included for funding. Last year, we did not seek recommendations from the Human Service Commission as funds were to be used primarily in the Sheffield Neighborhood with very limited public service funding for continuing current programs.. ise advise me as to how you wish for us to proceed with securing mmendations for use of the Public Service portion of the FY1995 Program grant. Enclosure: Letter from Patrice Seawelt cc: Patrice Seawell, 4126 Tyler St NE, CH *SERVICE IS OUR BUSINESS" EQUAL OPPORTUNIT'( EMPLOYER THE CiTY OF COi_UMBh~ HEIGHTS DOES NOT DISCRIMINATE ON THE BAS:S OF Of,_qAE~ILI'F'F h'N _.=,¥1PLO'¢N4ENT O~ THE PROVISION OF SERVICES June 1, 1994 Don Schneider Columbia Heights Housing and Redevelopment Authority 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 Re: CDBG Funding Recommendations for 1994 Dear Mr. Schneider: This letter will confirm our telephone conversation of about two (2) weeks ago with regard to the Columbia Heights Human Services Commission participation in the CDBG recommendations for 1994. It is my understanding from our conversation that the Human Services Commission was not involved in the CDBG process for 1994 at the request of the previous City Council and because of an anticipated determination that the funds would be designated for the Sheffield Revitalization Plan. You indicated that you would bring our participation back before the City Council when you discuss the CDBG funding process in August, 1994. I am requesting that the Human Services Commission be involved in the recommendation process for 1995 as it has been involved in the screening since 1981. [ would appreciate notification from you of when this matter will be brought before the City Council in August, 1994 so that the members of the Commission can attend in the event of questions. I can be reached at #781-3255 or at the address listed below. Thank you for your assistance in this matter. cerely, ~ o-Chair Columbia Heights Human Services Commission 4126 Tyler Street N.E. Columbia Heights, Minnesota 55421 PS: 115767 cc: Columbia Heights Human Services Commission · Be advised that our application to' the Federal H_o~' Lo'e' B,~'n.k-~Dfi..sMo_i.nes .f.or..$30,?_?_0,_of do~ !irnpayment assistance for the Sheffield neighborhood was not tunaea, ut me z4 appncations (out of I$ applications received), all had an average of 80% benefit to very low income. Columbia Heights application did not fare well with only 20% benefit to very Iow income families. I believe this" gram should be reapplied for in the fall, but perhaps focus city-wide, thereby creating a wider  e of home purchase opportunities in the Iow market value range. 8) SACCC COMMUNTTY~VALLrHS TOWN MEETINQ Attached please find information on the June 23, 1994, 7:00 p.m. town meeting to present further discussion on the final development and priority rating of values. Even if you did not participate in the first few steps of the process, you are urged to attend and participate in this town meeting forum 9) SHERIFF WILKINSON MEETING ATTENDANCE Be advised that Sheriff Wilkinson would like to address the City Council on the Monday, July 25, 1994, 7:00 p.m. regular Council meeting. If the City Council has questions or specific concerns, Sheriff Wilkinson requested that he be advised so that he can provide support information or bring appropriate staff members along as an additional resource. /~ MI-IFA MORTGAGE PROGRAM. AS Of June, 1994, it appears that the 1993 MHFA Mo~gage Program could reach?~l.~milllo, n .in f Am~ig g ..... ~ --- -~-- ~;~q~ w~ic did not use the funds As you recall, the City mort a e placements, accounting for 25 homes The City s original allocation was $91~,~o~, with the adcfitlonat :unamg coming xrom ta~ .......... h · .. ~ ~de~:uested$2mi~li~nthisyear~butwas~nlyawarded$849,$1~.Ther~wass~m~c~ncern1~wec~ma e that near the $2 million dollars worth of mortgages. 11) COLIJMBIA HEIGHTS BUSINESS CENTER Be advised that I met with Joseph Zadain and Gordon Awsumb regarding the tax delinquencies and development agreement disputes on the Columbia Heights Business Center. They are in the process of finalizing a proposal to the City, and Mr. Zadain would like to arrange a meeting at a future work session and appear personally to discuss the proposal. I have tentatlvely identified Tuesday, July 5, 1994, at 7:00 p.m or July 12 or July 19th. If alternatively one other night during July works, please advise me. 12) PREVIOUS COMPLAINTS Individual councilmembers have filed various property owner complaints with the City Manager and other department heads. I am in the process of compiling a status report or list of the disposition of those complaints. You will receive the status report in your council box during the week of June 13. 13) HUMANITARIAN OF THE YEAR AWARD Be advised that the Human Services Commission has identified a Humanitarian of the Year Award. Based upon the timing, they would like to announce the candidate but delay the reception and presentation until the June 27 regular City Council meeting. ' ~ HUMAN SERVICES REQUEST ON CDBG PROGRAM Attached please find correspondence from the I-IRA and Human Services Commission regarding their ~:~]vement in the public service funding aspect of the CDBG Program. Essentially, they request their ~ participation in the review a~nd~[.ecommcndation for the ~995 allocation. F COMMUNITY POLICING CONFERENCE OCTOBER 27-29, 1994 ST. CLOUD CIVIC CENTER 1. General Information. Complete the form in full and send with payment to the address indicated below. 2. Registration Deadline. Date: October 20, 1994. 3. Special Needs. If you have a disability and require special services, or if you have special dietary needs, please attach a written de- scription of your needs. 1994 COMMUNITY POLICING CONFERENCE REGISTRATION FORM Please type or print Registration fee $15 Name Name for badge Title Organization Mailing address C~ty. Daytime telephone ( ). State Zip. Check the days you will be in attendance. October 27 October 28 October 29 Feel free to duplicate for multiple registrations. 4. Registration Confirma- tion. Preregistrants will receive a post card acknow- ledgment to be presented at the advance registration desk for quick registration. 5. Program Information. For more information contact Rich Spencer, Government Training Service, (612) 222- 7409 or 1-600-652-9719 (outside the metro area). 6, Registration Informa- tion. For more information contact Cathy Dovidio (612) 490-5600. Make check payable to League of Minnesota Cities and return with registration form to Community Policing Conference, League of Min- nesota Cities, 3490 Lexington Avenue No., St. Paul, MN 55126. Page 14 LMC Cities Bulletin 1994 COMMUNITY POLICING CONFERENCE HOUSING Housing Information Best Western Kelly Inn Budget Inn Comfort Inn Fairfield Inn Holiday Inn Radisson Suites Single Double $52.00 $58.00 $38.95 $4O.95 $44.95 $49.95 1-2 persons 3-4 persons Flat rate $48.95 $49.00 $59.00 Includes breakfast buffet Standard $65.00 Executive $74.00 Master $84.00 Whirlpool $94.00 Deluxe $139.00 $10 more per person three or more (Please print) Name: Organization: IMPORTANT INFORMATION PLEASE READ CAREFULLY 1. All reservations must be made on this form only and submitted to the Housing Bureau: Michele Niess, St. Cloud Area Convention & Visitors Bureau, P. O. Box 487, St. Cloud, MN 56302. 2. NO TELEPHONE RESERVATIONS WILL BE ACCEPTED. 3. Reservations will be made on a first-come, first-served basis. 4. ALL CHANGES or CANCELLATIONS must be handled through the Housing Bureau at 1-800-264-2940. 5. Reservations after October 13 should be made directly with the hotel of your choice. 6. The hotel/motel will confirm directly to the conference registrant listed on this form, along with a request for deposit. DO NOT SEND CHECK, CASH, OR MONEY ORDERS TO THE HOUSING BUREAU. Please allow 2-4 weeks in which to receive your room confirmation from the hotel/motel. HOUSING RESERVATION Title: Address: City: Arrival Date: Hotel Preference First: Single Double Special Requirements: Names of All Occupants: Arrival Time: Second: # of rooms State: Third: Departure Date: .Zip:. # of adults # of children Smoking: __No__ Yes Home phone number Do you wish to guarantee arrival after 6:00 p.m. Yes No Send to: St. Cloud CVB Housing Bureau Michele Niess St. Cloud Area Convention & Visitors Bureau P. O. Box 487 St. Cloud, MN 56302 Work phone number Credit Card Preferred: Credit Card Company. Card Number Expiration Date The St. Cloud CVB Housing Bureau is authorized to use the above card to guarantee my hotel reservations. I understand that one night's room wilt be billed through this card if I fail to show up for my assigned housing on the confirmed date, unless I have cancelled my reservations with the hotel prior to 6:00 p.m. on the day of arrival. Cardholder signature Date Ret~ir~ ~ copy 04 this ~orm ~or your records. If you do not receive a confirmation from the hotel within two weeks, contact Michele Niess, 1-800-.264-2940. July 22, 1994 Page 15 COLUMBIA HEIGHTS POLICE DEPARTMENT TOBACCO SALES COMPLIANCE CHECKS MAY 1994 A Tobacco Sales Compliance Check was conducted during the week of May 9, 1994. Twenty-five vendors in Columbia Heights and six vendors in Hilltop were checked for compliance. The compliance checks were conducted by 15 year old juveniles who were following a protocol developed by the Association for Non-Smokers -- Minnesota (ASSIST). A police officer accompanied the juvenile compliance checker but waited outside the store. The checker merely asked the sales clerk or cashier for a pack of cigarettes to purchase. In the case of a vending machine, the compliance checker asked for change for the machine and announced the intention to purchase. For a more detailed description of the procedure, see the attached Protocol for Conducting Compliance Checks. The checks were conducted during the day. Three Columbia Heights vendors violated State Statute 609.685 by selling tobacco to a person under 18 years of age, Two of the violations were accomplished by over the counter sales; the other sale occurred with a vending machine. Officer Dietz and Officer Nightingale worked with the two juvenile volunteers. $16.34 in Police Department funds were spent for cigarette purchases and volunteer supplies. Michael McGee School Liaison Officer May 16, 1994 MM:kao PROTOCOL FOR CONDUCTING COMPLIANCE CHECKS FOR TOBACCO VENDORS 1. Males and females over 14 and under 18 will work as "compliance checkers." Their appearance shouM be such that most reasonably prudent people would assume that their age might be under 18 and there would be sufficient reason to check ID if it were a violation of law to transact business with that person if the customer was not at least 18. A Polaroid photo of the checker will be taken and kept on file. 2. Compliance checkers will make no effort to disguise their age and will wear clothing, hair styles, and makeup similar to what they ordinarily wear. 3. Male compliance checkers will attempt to purchase chewing tobacco or cigarettes.' Female compliance checkers wilt attempt to purchase cigarettes. 4. Compliance checkers wilt be instructed not to lie. If they are asked their age or birth date they will give their actual date of bidh or show their actual ID or driver's license if they have one. 5. The officer will verify that the checker does not have any tobacco products of their own when they enter the store. 6. If at all possible the compliance checker will get the cash register receipt (more easily accomplished if an additional small item like gum or cola is purchased at the same time). 7. The checker will decide what brand of tobacco to purchase and consistently purchase that brand during the course of that day's survey. 8. Following any purchase of tobacco the checker will leave the store and record on a report form the following information: name of clerk (if it is on a badge); general description of the clerk including approximate age, hair color and style; location of the register; date; time of day; and the name of the compliance checker. This information, the pack of cigarettes (chew) and the receipt will then be placed in an envelope and maintained as evidence. 9. The checker will then return to the store with the officer and identify the clerk and return to the car while the officer completes the compliance check. 10. Tile officer will inform the clerk that he or she has just been identified as the person who made an ilt¢,gal sale to the compliance checker and verify that a sale took place. The officer will complete a potic¢, report and issue the appropriate citation to the clerk. A letter will be sent to the license holder advising them of the incident and police report. 11. If no illegal sale was made, the officer will inform the clerk that he or she correctly checked ID, avoiding an illegal sale. The manager will be notified and congratulated and asked if there are any questionm 12. If the compliance checker enters a store and recognizes the clerk, the checker shall do the fol owing. In a large store the checker should go to a remote register. In a small store the compliance check will be aborted. A different checker wilt be deployed to complete the check at a later time. POLICE DEPARTMENT CITY OF COLUMBIA HEIGHTS JOSEPH S. STURDEVANT. SR. Mayor 559 Milt Street Nodheast Columbia Heights, MN 5542t-3882 Information (612) 782-2840 Investigations 782-2850 Fax Number 782-2842 DAVID P. MAWHORTER Chief of Po/ice 782-2845 April 12, 1994 All Licensed Tobacco Vendors Cities of Columbia Heights and Hilltop Compliance with tobacco age-of-sale laws is a concern in our community. Although almost everyone objects to illegal sales to minors, children are still getting cigarettes and starting to smoke at an alarming rate. We are committed to addressing this problem. While our schools have fine educational programs, we will not be dealing with the whole problem unless we address the "supply side." Therefore, to reduce minors' access to tobacco, we will be instituting compliance checks. As a holder of a tobacco license, you will be affected by these checks. During the next year the Police Department will conduct complianc, e checks of each licensed vendor. We will use compliance checkers who are over 14 and under 18. They will not employ false ID or make any effort to deceive or bully you. They will, however, act like teens trying to buy cigarettes. They will make no effort to make themselves look older. What will happen if your employee sells tobacco to our compliance checker? It will affect your license. If a sale is made, the manager on duty and the clerk will be informed immediately. 'Later, a notification of a license violation will be forwarded to the City of Columbia Heights Licensing Department. This violation could affect future license applications. You should also remind your clerks that selling tobacco to a minor is a gross misdemeanor and that the City will press criminal charges. The maximum penalty for a gross misdemeanor is a $3,000 fine or a year in jail. While the maximum penalty would not likely be applied on a first offense, the clerk will certainly be facing legal fees, a tine and a possible criminal record. Facing those consequences, clerks will find it easier to check identifications before ~lling. You can protect your license and your employees. I encourage you to institute a good ongoing training program for your clerks. An inexpensive training video and manual is available through the Minnesota Grocers Association (612-228-0973) or the Smoke-Free 2000 Coalition (612-338-8193). The Association for Nonsmokers---Minnesota (ANSR) (612-646-3005) will also work with retailers who wish to improve their program. We want all of our licensed vendors to obey the law. We believe it is possible to reduce the number of illegal sales, and we are willing to work with you to achieve our goal. If you have any questions, please call the Columbia Heights Police Depaii~mnt Crime Prevention Unit at 782-2849. Columbia Heights Police Department Crime Prevention Unit City of Columbia Heights Recreation Department TO: FROM: SUBJECT: DATE: Patrick Hentges, City Manager Mark Winson, City Engineer/Public Works Director Lauren McClanahan, Superintendent Public Works Carol Frey, Volunteer Coordinator) JulyD°nati°ns to Beautification Project25, 1994 - ~' ~ ~ !~ ~ ~ ~ ~.. JUL~ ~5 On Friday, July 22 we picked up a donation of 12 shrubs from Outback Nursery. The shrubs included six (6) Potentilla, one (1) Arborvitae to be planted at Wargo Court, two (2) Dogwoods, and three (3) Compact Viburnum to be planted along with seven (7) Hydrangea at the front of the library. The volunteers are in the process of organizing the planting day and time. CF/jm TO CITY COUNCIL AUGUST 8, 1994 *Signed Waiver Form Accompanied Application APPROVED BY Building Inspector II II II II II II 11 1994 LICENSE AGENDA CONTRACTORS LICENSED AT A-Aarons Plumbing *Central Roofing Co. Div6rsified Mech. Serv. W \~ Services *Don ~eld Plumbing P.O. Box 712, Chanhassen 4550 Main St. r~.E., Hpls. 1525 E. 88th St., Bimtn. 16200 Ferret St., Ramsey 14244 - 43rd Ave. N., Plymouth FEES $ 40.OO 40.OO 40.00 4O.O0 40.00 POLICE DEPT. CLUB ON SALE SINGLE EVENT BEER SALES *Immaculate Conception Church 4030 Jackson St. 'I.E. Clifford Marvin Shedlov For Funfest 9/10-11/94 REQUEST FEES BE WAIVED POLICE DEPT. CARNIVAL *Immaculate Conception Church Clifford M. Shedtov 4030 Jackson St. For Funfest 9/10-11/94 REQUEST FEES BE ~VAIVED ANOKA COUNTY SAFETY & HEALTH. ITINERANT FOOD CONCESSIONS *Immaculate Conception Church Clifford M. Shedlov 4030 Jackson St. N.E. For Funfest 9/10-11/94 REQUEST FEES BE WAIVED POLICE DEPT. PUBLIC DANCE *Immaculate Conception Church Clifford M. Shedlov 4030 Jackson St.N.E For Funfest 9/10-11/94 REQUEST FEES BE WAIVED POLICE DEPT. TAXICAB VEHICLES *Suburban Taxi Corporation 6 Taxicab vehicles within the City $450.00 July 5, 1994 city of Columbia Heights 590 40th Ave. NE. Columbia Heights, MN 55421 To Whom It May Concern: I am requesting that all fees concerning permits for the annual Immaculate Conception Church Fun Fest be waived. This event will be taking place September 10th and llth. Thank you for your assistance in this matter. S inter ely, Chairman - ICC Fun Fest CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER AUGUST 4, 1994 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF AUGUST 8, 1994 1) OPERATIONAL REPORTS Enclosed are the Operational Reports from various Department Heads indicating significant items undertaken or accomplished for the month of July. 2) SHARED RIDE REPORT Attached please find the Shared Ride Report through June, 1994. 3) COMPLAINT FOLLOW UP- 4616/22 TYLER STREET As a follow up to my recent letters regarding Tyler Street, please note that a rental licensing hearing is requested to be scheduled for August 22nd. It should also be noted that the owner is working very attentively on resolving his code compliance and tenant behavior problems. Attached please find additional information concerning recent police attention to traffic complaints in the area. 4) CIRCLE TERRACE COMPLAINTS Since I last reported to the City Council on Circle Terrace problems, the Fire Department has written up a number of new violations concerning the exterior maintenance and storage. The landlord has also responded formally concerning tenant behavior complaints. I should note, however, that at least in one case, he has received two notices on one tenant, and has chose not to take additional actlon beyond further)gamings. Accordingly, a third notice could result in the City taking action in the form of a ,,%caflo n hearing. 37TH AVENUE RAILROAD CROSSING '-'Itc advised that Public Works Department has approached the City of Minneapolis regarding a cooperative project involving the installation of rubber crossing on 37th Avenue near Stinson Boulevard. To date, we have not received formal response from Minneapolis. However, it appears that they have reached maximum commitments on their State Aid money and as such, the railroad crossing liniments would be a lower priority for the City. 06 x~ CDBG FUNDING PROCESS FOR PUBLIC SERVICE GRANTS ~closed please find communications from the Human Services Commission regarding their involvement in reviewing CDBG funding requests. In the past, the HRA staff has listed proposals from Public Service agencies and had the Human Services Commission rank the applications to decide which should be included for funding. Last year, the Human Services Commission did not participate in the process. Please advise me as to how the City Council wishes the HRA and City Staff to proceed with securing recommendations for the use of the Public Service portion of the 1995 CDBG Program. City Manager's Report Council Meeting of August 8, 1994 Page 2 LMC-COMMUNITY POLICING CONFERENCE The State Office of Drug Policy, League of Minnesota Cities, and Chief of Police Association are jointly presenting a Community Policing Conference on October 27-29, 1994. Registration fee is only $15. It is my understanding that this introductory course will be aimed at both police personnel, managers, and City Council members who are not totally familiar with the Community Policing concept. This may be a good opportunity for the City Council to further understand the concepts of Community Policy and problem-orientated policing. I am in the process of gathering further program information. If you are interested in attending, please contact me as soon as possible. CITY ATTORNEY CONTRACT TRANSITION So far, the transition of duties for the City Attorney's contract is going reasonably well. We are still working out the details of the prosecution duties, as there are a number of cases currently scheduled that need to be phased out and current Council cases coming into the system. Prosecution responsibilities will not be fully turned over to Barna, Guzy, and Steffen, Ltd. until around November 1st. In the meantime, Kalina, Wills, and Woods, et. al., will handle cases that are currently scheduled on the court calendar. With regards to the civil retainer, Kalina, Wills, and Woods, et. al., are completing the real estate transactions on Sheffield, and the three hazardous building condemnations now in process. All other civil matters have been turned over to Barna, Guzy, and Steffen, Ltd Kalina, Wills, and Woods, et. al. are also completing the following civil litigation files: Zaidan, Hilltop, Mills, Sadlo, and Jacobs. The City is waiting for a Court of Appeals decision on Zaidan; the Hilltop/MWCC suit is in final negotiations before trial; Jacobs is complete except for minor clerical ~w. grk; Mills is in early stages; and Sadlo will be transferred to insurance company defense. ~rp~u .rsuant~/5, to the C~t Council's darect~on I have d~scussed w~th a cou le of facxhtators the ' Y ' ' ' , ' ' p ' ' , potential of a City Council goal-setting session. Later this month, I will be submitting a list of issues or problems facing the City, together with potential strategies to address them. The City Council will be asked to identify a preliminary priority list or add additional priority issues. A summarized list together with your individual work sheets will be forwarded to the facilitator. The facilitator's job at the goal-setting process is to work with the Council and City Manager to arrive at a consensus opinion as to the highest priority goals or issues facing the City. I expect to arrange this meeting some time in the fall, 1994. CITY STAFF PLANNING AND MANAGEMENT MEETING Be advised that Division Heads and Department Heads and professional staff will be meeting at Murzyn Hall on Tuesday between 9:30 a.m. and 3 p.m. The purpose of the meeting will be to discuss various organizational issues and identify strategies to correct long term planning problems on major issues facing the City. This information will be forwarded in advance of the potential fall plan- ning/goal meeting of the City Council. If you need to get a hold of anyone on Tuesday, please leave a message with the departmental secretary. STATUS OF FEDERAL POLICE GRANT IMPLEMENTATION Be advised that the Police Civil Service Commission is in the process of scheduling interviews with the final police officer candidates and will likely forward three names to the Mayor and Police Chief by the third week in August. It is likely that the two new officers would be selected and begin work in September. City Manager's Report Council Meeting of August 8, 1994 Page 3 Enclosed please find an organizational outline that has been proposed by Acting Police Chief Olson, to meet the Federal Police Grant objectives. Essentially, this involves assigning a Sergeant and one Community Police Officer to three residential districts within the community. The three Sergeants and three Community Police Officers would do problem solving in their districts, follow up on citizen complaints originating in that area, and the COPS would also be assigned as the district car/special patrol function within each of the districts. The investigative Sergeant would be responsible for the commercial areas. Acting Chief Olson is also preparing additional information concerning the use of Police Contingency Funding. It is hoped that this information could be scheduled for Work Session review in September. Additionally, I have met with the Mayor and Acting Police Chief to discuss the status of implementing the ten goals that were listed in the Mayor's letter to the Civil Service Commission and City Council. The Police Chief will be responding in the near future with a written report on the status of the goals. 12) TOBACCO SALES COMPLIANCE CHECK REPORT Enclosed please find a report from the Police Department that was recently filed with my office concerning tobacco sales compliance checks that were undertaken during May, 1994. 13) BEAUTIFICATION DONATIONS Attached please find a memorandum from Carol Frey concerning donations of shrubs and plants for the Beautification Project. The shrubs have been used at Wargo Park and recently planted in the front of the library. cb 94/93 CITY OF COLUMBIA HEIGHTS DATE: TO: FROM: AUGUST 2, 1994 PATRICK HENTGES CITY MANAGER FINANCE DIRECTOR OPERATIONAL REPORT JULY 1994 DEP _ARTMENTAL GOALS: 1995 BUDGET Final updates are being made to the proposed 1995 budget, which is scheduled to be distributed to the City Council on August 8th. !995 ELECTION Staff is preparing for the' 1995 election. At this point, the County has scheduled various staff meetings to update City staff on any changes to procedures and the election process. Our vote scanning equipment was updated by the County at no expense to the City with new processing chips. It is anticipated that the new chips will eliminate some of the m~nor problems encountered in the past with machines rejecting some correctly completed ballots. ISSLTES AND PROBLEMS: FINANCE DEPT. STAFFING The three vacancies in the Finance Department have been filled. Jennifer Gentry, who was promoted from Receptionist to the part-time Accounting Clerk position, has gone on maternity leave and will be returning around the first of October. We are attempting to cover that vacancy with current part-time employees working additional hours. WE:dn 9408021 Columbia Heights Fire Department To: From: Subject: Date: Pat Hentges, City Manager Charles Kewatt, Fire Chief Operation Report August 2, 1994 Operation Report July 1994 OF O0 A. Significant Accomplishments Emergency Medical Calls - 131 Fire or Good Intent Calls - 28 Classification of Alarmq Still Alarms - 141 Company Alarms - 10 General Alarms - 8 Total Calls for the Month - 159 Other 290 186 22 129 10 Hours Station-Duty (paid-on-call personnel) Hours Training (all personnel) Hours Fireworks Duty, July 4th Hours Aquatennial Duty, July 16 & 20 (6 Firefighters, 3 Reserve members, 10 Cadet members) Hilltop Calls Structure Fires w/Property Loss-- Jul 14 4654 Tyler St NE Jul 25 3861-3rd St NE Jul 29 5351 Central Avenue B. Status of Department Goals Apartment $10,000 One Family $ 500 Lumberyard Mutual Aid to Fridley Inspection Stares Report for July 1994 will be summarized on next Operation Report. All data not entered. C. Issues or Problems 1. Changes made to Specifications for Fire Pumper. Second Notice for Bids prepared. 94-117 TO: FROM: SUBJECT: DATE: COLUMBIA HEIGHTS POLICE DEPARTMENT Leon"/rd M. Olson, Acting Police Chief Operational Report, July, t994 August 2, 1994 Events/Acc omplishments Our department personnel participated in this year's 4th of July fireworks celebration, accompanied by police reserve members and Explorer cadets. The evening was enjoyed by numerous residents and went very smoothly. B. I attended the City special Council meeting of July 25, where the Sheffield neighbor- hood was discussed. The crime statistics show a marked decrease in Sheffield crime reported offenses. C. I attended the Anoka County Joint Law Enforcement Council meeting that was held July 27. The transportation of prisoners to jail and inebriated individuals to detox was discussed at length. The Council recommended Sheriff Wilkinson contact other Anoka County Chiefs to see if there is an interest in solving this issue. Further progress will be reported as it becomes available. D. I attended the Civil Service Commission meeting of July 28. I presented them with the top 15 candidates that were identified through the pre-screening testing our officers were involved in. They, in mm, chose the top eight candidates and have invited them to the oral test to be given August 4. The hiring process is moving along as planned, with the hire date of September 1 targeted. Projects/Goals A. On July 29, City staff and I met with representatives of the newly appoint City Attorney's office. Plans were laid to provide for a smooth transition of our prosecution needs. B. I have received receipts from the State Office of Drug Policy, the originating agency of our present state grant, showing we have completed the next to last evaluation period. There is one more final evaluation and due September 1. This grant is nonrenewable and will expire. C. The federal grant local plans are reaching a final point with some announcements to be given to residents at National Night Out gatherings on August 2. Operational Report Page 2 August 2, 1994 llI. Issues/Problems Ao Several areas in our city that tend to generate traffic complaints have been the focal point for some proactive and reactive police assignments. Areas addressed for speed are 44th Avenue--Central to Reservoir, Chatham Road, 49th Avenue--east border to west, the alley 46th to 47th Tyler to Polk Street, to name a few. Stop signs patrolled were 40th and Polk, 48th and 4th, 45th and Arthur, to name a few. B. We continue to work the Conduct ordinance regarding several buildings in the 4600 block of Tyler Street. Landlords appear to continue to be responsive. LMO:mld 94-206 TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Recreation Department PATRICK HENTGES, CITY MANAGER ~{'lqARK S. CASEY, DIRECTOR OF RECREATION (~ITY' OF CO~_U~j,A HEt~HT$ OPERATIONAL REPORT, JULY ! THROUGH JULY 31, 1994 AUGUST 2, 1994 3 0 2 o 5o 2 o 3 o Administration The 4th of July Fireworks celebration went off without a hitch. Besides the generous contributors, this event would not be possible without the cooperation of Public Works, Police, and Fire Departments. A reception was held for Bill Hollom's twenty-six (26) years of service to the Park and Recreation Commission on July 27, 1994. Bill received recognition from the State of Minnesota (Bill Hollom Day Procla/nation), City of Columbia Heights (plaque), Anoka County (proclamation), Columbia Heights Athletic Boosters ($50.00 certificate), and the Park and Recreation Commission (framed picture of tree dedication). A meeting was held on July 29, 1994 with city representatives and a representative from Rapid Graphics to review proposed changes in the City newsletter. Recreation Youth and Traveling Baseball concluded their respective seasons. Overall, the seasons were incident free. A summer wrap-up report will be available soon. Youth Softball season will conclude on August 6 with a softball tournament of twelve (12) competing teams at Huset Park. Camp Heights and Recreation Round-Up are beginning their final sessions. Adult Softball League play is completed with the top teams in each league beginning their'playoffs. Top qualifiers from our league will advance to regions and possible state playoffs. Summer Soccer was conducted with twenty-five (25) participants taking part in fundamentals and scrimmages. Summer Gymnastics and Tennis lessons were completed. Seniors Defensive Driving classes were held on July 7 & 8 and on July 14 & 15. A total of sixty-eight (68) seniors participated in these classes. Twenty-four (24) seniors participated in a two day trip on July 8 and 9 to the Laura Ingalls Wilder Pageant in Walnut Grove. Thirty-six (36) seniors participated in an outing to the Minnesota Zoo on July 19. Thirty-four (34) seniors attended the "St. Paul Gangster Tour" on July 28 and had lunch in the caves. Page Two Operational Report - July 1 through July 31, 1994 (Seniors, continued...) The Senior Coordinator taped a seniors segment for the cities cable program. Eighteen (18) seniors are continuing to participate in the "Health Promotions" class which meets for six (6) sessions. D. Volunteer The Columbia Heights Beautification Project received a donation of shrubs from the Outback Nursery in Hastings. These shrubs will be planted at the library and in Wargo Court. The Volunteer Coordinator worked with Intern Lee Mattson on the materials presented to the council on July 14 concerning the development of neighborhood associations. This report and the research done by Intern Scott Fremont indicates the city will benefit from the development of neighborhood associations in up to eleven (11) different configurations. 3 o The Community Service volunteers from the Anoka County Restitution Program have completed the mulching and wood chip project at Murzyn Hall. The Volunteer Coordinator has met with representatives from Community Education and the Central Middle School PTA to develop volunteer programs for their projects. 5o A representative from the NEI student body will be recruiting for a volunteer program at the school. The Volunteer Coordinator is assisting the student in his recruitment efforts. John P. Murzyn Hall In 1994 thirty-eight (38) out of fifty-two (52) Fridays and fifty (50) out of fifty-two (52) Saturdays are booked, and in 1995, eight (8) Fridays out of fifty-two (52) Fridays and forty-one (41) out of fifty-two (52) Saturdays are booked. COLUMBIA HEIGHTS PUBLIC LIBRARY 820 - 40th AVENUE N. E. COLUMBIA HEIGHTS, MN 55421-2996 PHONE: (612) 782-2805 FAX: (612) 782-2804 CITY OF COLUMBIA HEIGHTS TO: Patrick Hentges, City Manager FROM: M. Rebecca Loader, Library Director~b~---~ SUBJECT: July operational report ])ATE: Suly 30, 1994 Significant Accomplishments A. B. C. D. E. Summer Reading Club currently has 777 children enrolled. 07,¥ ~[ !', : .' ,,~, ~i~.ii~iT~ The Friends met on 7/11 with eight members present. The Board met on 7/5 with four members present. Senior Citizen Filmtime on 7/13 had 22 in attendance. The Tuesday Special on 7/5 was "Willy Wonka and the Chocolate Factory," and drew 54 children and 10 adults. F. The Tuesday Special on 7/12 was Ross Brown (folksongs) and had 154 children. and 35 adults in attendance. G. The Tuesday Special on 7/19 was David Malmberg (ventriloquist) and drew 118 children and 38 adults. The Tuesday Special on 7/26 was James Gerholdt (reptile show) and drew 242 children and 52 adults. Preschool Funtime on 7/7 had 42 children and 18 adults making spaceships with Martians. J. Preschool Funtime on 7/i4 had 29 children and 12 adults making masks. K. Preschool Funtime on 7/21 had 38 children and 17 adults making clown puppets. L. Preschool Funtime on 7/28 had 39 children and 18 adults making Indian shields. Each of the Preschool Funtime sessions was accompanied by related stories. II. Departmental Goals III. A. The camcorder circulated five times in July. B. Becky, spoke at the Kiwanis luncheon on 7/5. C. Marsha celebrated her 6-months anniversary on July 10. D. Becky attended the Vision 2025 meeting at the County on 7/15. She is a member of a group of librarians working on long-range planning for county library services. E. Marsha attended a puppet workshop on 7/15. F. Jeanine participated in a cable shoot on 7/22. Issues and Problems A. The construction project is proceeding slowly. Circulation LIBGIS 1993 1994 1993 1994 Adult 6705 6421 Reference 2264 2107 Juvenile 7065 7427 Dir. A 532 349 1%770 1'3%%8 Dir. B 62 55 Work days 26 26 Work days 26 26 TO: FROM: DATE: SUBJECT: M. Rebecca Loader, Library Director Marsha Tubbs, Children's Librarian July 29, 1994 National Puppeteers Festival ! attended the "Mini National Puppeteers Festival" on July 15. This regional session was held on the St. Paul campus of the University of Minnesota. After registering at 8:00 I proceeded to my first session selection which was Plaster Mold Making. I Stayed approximately 40 minutes but left when the facilitator described the next step as "extremely 'dangerous and required a ventilating maSk and must be done outdoors", I split the next h.our between two sessions. Making Mannequins Easy was very interesting and consisted of body' parts from stYrofoam and pre-cut wood purchased at a lumberyard. Mannequins would be great fun sometime in.the future, but much more difficult to operate and direct. The most interesting session of the morning was Puppet Movemen~ and ManiPulation waS conducted b a puppet'{able rather then a s~,,,-" ......... y. a woman from Houston, Texas who used '.. ,,,~,,. r,u~ puppe[s were stune(3 bodies on sticks and operated as if they were mannequins without strings. I picked up some useable tips on puppet construction and repair here. The afternoon sessions proved very worthwhile. Believe it or not, I skipped the Puppetry in the · Library se~ion. After evaluating the display, which consisted of finger puppets and glove puppets. ! decided I wanted to' .See something "more creatiVe" so ! attended the workshop Hand Puppet ConstruCtion by Karen Backes. Karen haS been doing puppetry locally for 10-15 years and has a pattern 'available for 17 different animal puppets. I picked up some tricks on construction of eye, ears, and mouths..i also was able to locate a company as supplier for Tempo Fabric. Hopefully we can get · a catalog and begin our own puppet/book prop construction this fall. Karen's workshop then moved 'to ~ Puppetry 101'where we 'spent the next hour practicing the use of puppets for TV taping. A variety of techniques were demonstrated and everyone was given a chance to "try" the technique. I believe that at Some point in time given some .new equipment we might be able to prodube some puppet plays or storytimas with puppets to air on the Library Channel. But everything in good time. The day closed with a presentation .by the Eulenspiegel Puppet Theatre of Hansel and Goosel. Very well done. I had cokes with some of the other people attending and discussed the '~3ervious days sessions. One individual gave a detailed description of a shadow puppet workshop that everyone agreed waS the highlight of the day. ! took notes and made drawings as this sounded like something we Could use with storytime this fall. TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Public Works Dep=artm. ent PATRICK HENTGES A CITY MANAGER [) lY MARK A. WINSON [~/~(v,) CITY 0F PUBLIC WORKS DIRECTOR/CITY ENGINEER OPERATIONAL REPORT - JULY AUGUST 3, 1994 SIGNIFICANT ACCOMPLISHMENTS General * * * * * * * Responded to 66 Gopher One-Call requests. Completed second DED inspection. Identified 4 hazardous trees for removal. Wood chips were made available to the public for pick up. Sent 7 notices to residents for non-compliance with visibility ordinance. Completed specs for tandem dump truck. Ordered 625B Case front-end loader. Sewer & Water * * * * * * * * * * * * Repaired water break in alley behind 3800 Polk St. Disconnected the sewer and water services on City-owned property in the Sheffield area. Replaced 2 catch basins and 30' of storm line on Van Buren just south of 39th Ave. Removed storm sewer line on 5th St. just south of 39th Ave. Removed parking stops from Sheffield project. Replaced 32' of storm sewer line on Jefferson between 50th and 51st Ave. Performed monthly sanitary sewer manhole check. Finished plumbing Mathaire pool. Repaired catch basins at 50th & Univ., 1015 44th Ave., 4119 Tyler. Lowered catch basin, 3rd & Edgemoor. Repaired Van Buren parking lot sprinkler system. Maintenance of lift stations and pump houses. Operational Report - July August 3, 1994 Page 2 Parks Cleaned up Huset Park after the frreworks. Began installing a light at Keyes Park for use in the sliding area. Removed dead tree from Huset West Field #3. Boarded broken windows in the Sheffield project. Chipped brush pile in MSC yard. Planted 34" pin oak behind JPM in honor of Bill Hollom's years of service to Park and Recreation Commission. Repaired sidewalk and fencing 'at Mathaire Park pool. Maintained the yards in the Sheffield project. Mowed and trimmed as required City-wide. Prepared ballfields as required. Picked garbage as required. Maintained pools as required. Scraped Gauvitte hockey rink in preparation for painting. Streets Finished preparing the seal coat area. Removed hazardous tree branch from street at 41st & Van Buren. Removed storm damaged tree on Stinson south of the water tower. Paved sidewalk area leading to Mathaire pool. Swept Iow areas after heavy rains. Cleaned catch basins City-Wide. Hauled asphalt and concrete debris to Midwest. Patched water break hole in alley Polk to Tyler, 37th to 39th. Hauled fill to Gallagher's. Trimmed 4 storm damaged boulevard trees. Repaired Jefferson, 50th to 51st where the sewer was repaired. Repaired 5th St., 38th to 39th where sewer was repaired. Engineering * Continued work on several projects as follows: 1993 Storm sewer Improvement Project. Mid-block lighting in NW Quadrant. 1994 Miscellaneous Concrete. Operational Report - July August 3, 1994 Page 3 Street Striping Railroad crossing on Stinson Blvd. north of 37th Ave. Courtyard drainage - Library. 1994 Overlay Project. Mill Street Project. Sidewalk - 44th Ave., Tyler Pl. to Reservoir Blvd. Catch basin stenciling project. Mathaire wading pool repairs. Reroofing Pump Station #3. Miscellaneous permits, surveys, drafting and filing. GIS utilities. Continued working with City of Fridley on North Corporate Limit storm drainage and Highland Lake Diversion. Continued working with HNTB on LaBelle Pond Water Quality Improvements. MAW:jb 94-509 City of Columbia Heights Shared Ride Jan. 1 1994 to Dec.1 1994 !Ridership I I !Ticket Sales I !Cash Fare I !Expenses I f Shere 1---------------------1------IPrior I 1---------------------ITicket 1----------1l------------------------------------------1 Total 1-----------1--------- Month !Elder Child Hand Reg.I TotallYeer I Diff. !Elder ChildHend Reg.I Sales I S !Transl Asst. Seer. Contract Other I Expenses I Local 40X I RTB 60X ---------------------------------------------------------------------------------------------1-----1------------------------------------------1------------1-----------1----------- January I 1242 124 311 342 I 2019 I 2483 1-18.6911 590 50 110 240 I S990 I S400.00 I .141 I S160.20 S348.76 S5,047.50 S252.35 I S5,808.81 I $2,323.52 I $3,485.29 I I I I February I 1148 114 316 129 I 1707 I 2931 1-41.76%1 I I I 415 50 150 120 I I S735 S192.00 I 124 I $144.18 S165.58 $4,267.50 S0.00 I S4,577.26 I S1,830.91 I S2,746.35 I I I "arch I 1296 240 315 167 I 2018 I 3564 l-43.37XI 675 210 185 620 I S1,690 S264.00 I 129 I S96.12 S197.39 S5,045.00 S270.93 I S5,609.44 I S2,243.78 I S3,365.66 I I I I April I 1215 146 236 353 I 1950 I 3593 l-45.27XI 465 45 105 200 I I I I "•Y I 1403 115 118 146 I 1782 I 3537 1-49.61%1 690 45 20 170 I I I June I 1440 38 69 90 I 1637 3764 1-56.50%1 695 I July August Septelllberl I October I I Nove111ber I I Deceaber I 5 75 200 I I I I S815 S136.00 I 174 I S192.24 S173.08 S4,875.00 S7.65 I $5,247.97 I $2,099.19 I $3,148.78 S925 I S188.00 I 100 I S176.22 S128.03 S4,455.00 S0.00 I S4,759.25 I $1,903.70 I S2,855.55 S975 I S178.00 I 54 I $368.46 $231.94 $4,092.50 I I I I I I I I I I I I SO.OD I S4,692.90 I $1,877.16 I SZ,815.74 TOTAL I 7744 111 1365 1221 111113 119872 I I I I I I 3530 405 645 1550 I $6,130 IS1,358.00 I 722 IS1,137.42 S1,244.78 S27,782.50 S530.93 I $30,695.63 IS12,278.26 IS18,417.37 I I I I I I I I .............. :••:••-···---···----...................................................._______________ .............. -.............. ______ ..................... -···-------·--···--····-···------------- AVERAGE 1291 130 228 205 1852 I 3312 1-44.0BXI 588 I I I 68 108 258 I S1,022 I S226.33 I 120 I $189.57 I I S207.46 S4,630.42 SBB.49 I S5,115.94 I $2,046.38 I $3,069.56 I I I CITY OF COLUMBIA HEIGHTS POLICE DEPARTHENT TO: Pat~Hentges, City Manager FROM: L~ard M. Olson SUBJECT: Speed Complaints DATE: August 1, 1994 Based upon open microphone complaints at the council meeting July 25th, i assigned officers to patrol the alley 46th to 47th Tyler to Polk street with radar. The assignment was from July 26 through July 28. One tag was issued on the 26th and the officers remarks were that the traffic was extremely light. This was contrary to the "Taylor's" complaint. I will continue to request officers to patrol the alley while they make their passes through the Sheffield neighborhood. Alleys ,by the way, are very difficult to run radar in. Let me know if you need anything further. attachment PROACTIVE ASSIGNMENTS SHtFT DATE: The following assignment is specific in nature and to be accomplished when free time allows. The a~signment is Directed by blocks checked below, Please fill in the lower portion of this form at the end of your shift. I need your feedback. CHECKED BOX(ES) APPLICABLE FOR YOUR SPECIFIC ASSIGNMENT. [ ] BUSINESS BURGLARIES [ ] ACCIDENTS [ ] ALLEY PROWLEtRS ~_~ SPEEDE~ [ ] TRAFFIC COMPLAINTS [ ] LOITERING CRIME JUST OCCURING VANDALISM THEFTS LOUD PARTY RESIDENTIAL BURGLARY PA~K1NG DETAIL OTHER [ ] DISTURBANCES [ ] CAR BREAK-INS GARAGE BURGLARY [ ] PARK PROBLEMS [/BICYCLE THEFTS [ ] AUTO THEFT Found at specific location / area: Time spent: ~- / Problems you encountered: NFORM I]APTA I N OLSON > LOCATION: till 0 - 25 MPH to 26 - 55 MPH 56 - 39 MPH 40 AND OVER II lIMES 0 - 25 MPH 26 - 55 MPH I' 36 - 5c~ MPH' 40 AND OVER LOCATION: DIRECTION: il' t o to to to LOCATION: DIRECTION: II TIMES 0 - 25 MPHI 26 - 55 MPHI 56 - 59 MPH 40 AND OVER 1 to CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Jo,,eph Sturdevant Councilmembers Donald G. Jolly Bruce G. Naw~:ocki Gar,,' L. Peterson Roh'er~ W. Ruettimann City Y, lanager Patrick Hemges TO: FROM: Patrick Hentges, city Manager , ---~ ~~_ /7 Don Schneider, Community Development Directo~~~~"/~--~- DATE: June 9, 1994 RE: CDBG FUNDING RECOMMENDATIONS FOR PUBLIC SERVICE ACTIVITIES FOR FY1995 CDBG PROGRAM Enclosed is a letter from Patrice Seawell, Co-Chair of the Columbia Heights Human Services Commission. During the past year we did not seek their recommendations for use of a portion(up to 15%) of our annual allocation of CDBG funds through the Anoka County CDBG Program. Ms. Seawell is requesting that they be involved as they were in years prior to last year. Prior to last year, HRA staff solicited proposals from public service type agencies and had the Human Services Commission rank the applications to decide which should be included for funding. Last year, we did not seek recommendations from the Human Service Commission as funds were to be used primarily in the Sheffield Neighborhood with very limited public service funding for continuing current programs.. P~~lease advise me as to how you wish for us to proceed with securing recommendations for use of the Public Service portion of the FYi995 CDBG Program grant. Enclosure: Letter from Patrice Seawell cc: Patrice Seawell, 4126 Tyler St NE, CH -SERVICE tS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CiTY OF COI.UMBI¢. 'HEIGHTS DOES NOT DISCRIMINATE ON ".HE 5AS~S OF DISABILITY hN EMPLCYM, EN7 OR THE PROVISION OF SE=t:.;hCES June 1, 1994 Don Schneider Columbia Heights Housing and Redevelopment Authority 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 Re: CDBG Funding Recommendations for 1994 Dear Mr. Schneider: This letter will confirm our telephone conversation of about two (2) weeks ago with regard to the Columbia Heights Human Services Commission participation in the CDBG recommendations for 1994. It is my understanding from our conversation that the Human Services Commission was not involved in the CDBG process for 1994 at the request of the previous City Council and because of an anticipated determination that the funds would be designated for the Sheffield Revitalization Plan. You indicated that you would bring our participation back before the City Council when you discuss the CDBG funding process in August, 1994. I am requesting that the Human Services Commission be involved in the recommendation process for 1995 as it has been involved in the screening since 1981. I would appreciate notification from you of when this matter will be brought before the City Council in August, 1994 so that the members of the Commission can attend in the event of questions. I can be reached at #781-3255 or at the address listed below. Thank you for your assistance in this matter. ~~ .~ S-'~cerely, Co-Chair Columbia Heights Human Services Commission 4126 Tyler Street N.E. Columbia Heights, Minnesota 55421 PS: 115767 cc: Columbia Heights Human Services Commission advised that our application to the Federal Ho'm'~' l~o'~n' B~nk-DesMoines for $30,000 of :i;.,:, ~ downpayment assistance for the Sheffield neighborhood was not funded. Of the 24 applications funded ' ' ~. - '.-:.. (out of 75 applications received), all had an average of g0% benefit to very low income. Columbia j'.':...'].: Heights' application did not fare well with only 20% benefit to very low income families. I believe this ' .,. ~: -... program should be reapplied for in the fall, but perhaps focus city-wide, thereby creating a wider -.. ~..._~e of home purchase opportunities in the low market value range. S) ~A~.CC COMMUNIT¥'VAI,,UES TOWN MEETING Attached please find information on the June 23, 1994, 7:00 p.m. town meeting to present further discussion on the final development and priority rating of values. Even if you did not participate in the first few steps of the process, you are urged to attend and participate in this town meeting forum 9) SHERIFF WILKINSON MEETINQ ATTENDANCE. Be advised that Sheriff Wilkinson would like to address the City Council on the Monday, guly 25, 1994, 7:00 p.m. regular Council meeting. If the City Council has questions or specific concerns, Sheriff Wilkinson requested that he be advised so that he can provide support information or bring appropriate staff members along as an additional resource. e MHFA MORTGAGE PROGRAM ' f June, 1994, it appears that the 1993 MHFA Mortgage Program could reach $/`.6 millio, n .in tgage placements, accounting for 23 homes. The City's original allocation was $9/`/`,868, with tine tional funding coming from the cities which did not use the funds. As you recall, the City ested $2 million this year, but was only awarded $849,5/,0. There was some concern if we could that near the $2 million dollars worth of mortgages. /`/`) COLUMBIA HEIGHTS BUSINESS CENTER Be advised that I met with Joseph Zadain and Gordon Awsumb regarding the tax delinquencies and development agreement disputes on the Columbia Heights Business Center. They are in the process of finalizing a proposal to the City, and Mr. Zadain would like to arrange a meeting at a future work session and appear personally to discuss the proposal. I have tentatively identified Tuesday, July 5, /`994, at 7:00 p.m or July 12 or July/`9th. If alternatively one other night during Suly works, please advise me. 12) PREVIOUS COMPLAINTS Individual councilmembers have filed various property owner complaints with the City Manager and other department heads. I am in the process of compiling a status report or list of the disposition of those complaints. You will receive the status report in your council box during the week of June 13. 13) HUMANITARIAN QF THE Yt~ AR AWARD Be advised that the Human Services Commission has identified a Humanitarian of the Year Award. Based upon the timing, they would like to announce the candidate but delay the reception and presentation until the June 27 regular City Council meeting. nHUMAN SERVICES REQUEST ON CDBG PRO..GRA. M ase find correspondence from the HtLA and Human Services Commission regarding their irt the public service funding aspect of the CDBG Program. Essentially, they request their in the review and recommendation for the 1995 allocation. COM~0Ni-'~Y- pOLICiNG CONFERENCE OCTOBER 27-29, 1994 ' ~?'i~ST, CLOUD CIVIC CENTER 1994 COMMUNITY POLICING CONFERENCE REGISTRATION FORM Please type of print Name Registration fee $15 Name for badge Title State Zip Organization Mailing address Daytime telephone ( ) Check the days you will be in attendance. Oct0..b_er 27 Octo-'b-er 28 October 29 FeeI free t°' ~u~ii~f~ :f0r m~ltiPle~ registrations. 1. General Information. Complete the form in full and send with payment to the address indicated below. 2. Registration Deadline, Date: October 20, 1994. 3. Special Needs. If you have a disability and require special services, or if you have special dietary needs, please attach a written de- scription of your needs. 4. Registration Confirma- tion, Preregistrants will receive a post card acknow- ledgment to be presented at the advance registration desk for quick registration. 5. Program Information. For more information contact Rich Spencer, Government Training Service, (612) 222- 7409 or 1-800-652-9719 (outside the metro area). 6. Registration Informa- tion. For more information contact Cathy Dovidio (612) 490-5600. Make check payable to League of Minnesota Cities and return with registration form to Community Policing Conference, League of Min- nesota Cities, 3490 Lexington Avenue No., St. Paul, MN 55126. LMC Cities Bulletin 1994 COMMUNITY POLICING cONFERENCE HOUSING Housing Information Single Double Best Western Kelly Inn $52.00 $58.00 Budget Inn $38.95 ,$40.95 Comfort Inn $44.95 $49.95 1-2 persons 3-4 persons Fairfield Inn Flat rate $48.95 Holiday Inn $49.00 $59.00 Radisson Suites Includes breakfast buffet Standard $65.00 Executive $74.00 · Master ~$84-00 ~ Whirlpool $94.00 Deluxe $139.00 $10 more per person three or more IMPORTANT INFORMATION PLEASE READ CAREFULLY (Please print) Name: Organization: 1. All reservations must be made on this form only and submitted to the Housing Bureau: Michele Niess, St. Cloud Area Convention & Visitors Bureau, P. O. Box 487, St. Cloud, MN 56302. 2. NO TELEPHONE RESERVATIONS WILL BE ACCEPTED. 3. Reservations will be made on a first-come, first-served basis. 4. ALL CHANGES or CANCELLATIONS must be handled through the Housing Bureau at 1-800-264-2940. 5. Reservations after October 13 should be made directly with the hotel of your choice. 6. The hotel/motel will confirm directly to the conference registrant listed on this form, a ong with a request for deposit. DO NOT SEND CHECK, CASH, OR MONEY ORDERS TO THE HOUSING BUREAU. Please allow 2-4 weeks in which to receive your room confirmation from the hotel/motel. HOUSING RESERVATION Address: City: Arrival Date: Hotel Preference First:,,, Single Double Special Requirements: Names of All Occupants: Home phone number State:. Zip: Arrival Time: Departure Date: Second: Third: # of rOOms # of adults # of children Smoking: No Yes Work phone number Credit Card Preferred: Do you wish to guarantee arrival after 6:00 p.m. Yes No Send to: St. Cloud CVB Housing Bureau Michele Niess St. Cloud Area Convention & Visitors Bureau P. O. Box 487 St. Cloud, MN 56302 Credit Card~(~ompany Card Numb?:r. Expiration Date The St. Clou~d CVB Housing Bureau is authorized to use the alsOve card to guarantee my hotel reservations. I understand that one night's rOOm will be billed through this card if I fail to show up for my assigned housing on the confirmed date, unless I have cancelled my reservations with the hotel prior to 6:00 p.m. on the day of arrival. Cardholder Signature Retain a copy of this form for your records. If you do not receive a confirmation from the hotel within two weeks, contact Michele Niess, 1-800-264-2940. Date July 22, 1994 Page 15 DEPARTMENT SALES COMPLIANCE CHECKS A 7~o~(~"~S C°~pli~nCe Ch~ck ~vas cOndUcted duflng the week of May 9, 199~I-~i~,.T~n~:~,~' ~/,~'d~S in' C°lU~ia Heights and six vendo~ in Hilltop were che~'e~ f~~h~e'; '~fi~-Complia'~ce' Checks were conducted by 15 year old-~ve~lb~ '~'~"~'&' ~l~oWi~ g 'a"p¢~focol developed by the Association for nnmoker~ ':'~infies~]a (A~IS~. A police officer accompanied the juvenile ~'~l~ce ~-~r ~: ~'if&d"~Ufsid&'~e store, The checker merely asked the sales'/Cl~rk~:C~h!~r f~a ~dck of cigare~es to purchase. In the case of a vend1~g~-~i'fi-b-,~e' ~bm~lianc~' checker asked for change for the machine _,~n~'~~'~.~ t~e'iht~.~tion ~0 pu~chase~ For a more detailed description of the -prOC~re,'~'~'~':a'ffache~ P~ofOcOl fbr Conducting Compfiance Checks. ~¢'--- ~ ..... -';-?'; ...... day. Three Columbla'Helghts vendors The checks were conducted dunng the -vlolate~ ~ta~ ~statu~e,~9.685 by ielling tobacco to a person under 18 years of .age,~j~'T~6 ~P~/~_~.~i'6i6~i~ns ~-re ac'bO~plished by over the counter sales; the '~h~ sa1~'~c~'b:~d:'wit~ a ~ending maohine. o~der Die~ ~nd' ~fficer Nightingale worked with the ~o juvenile volunteers. $i~ i~ Police 'D~padment fUnds were spent for cigare~e purchases and voi~te&r' iO?plies. ~ MiClfla¢l' McGee May 16 ~,~ PRoToCOL FOR.cONDuctiNG CO~?LIANCE CHECKS ~' FOR' T0~ACCO VENDORS '~' 1. Male§ ar d females over 14 and under t 8 will work as "compliance checkers" Their should bo such .that most reasonably prudon! people would assume thai tholr a~o might and ihOre would be sUffiCient reason to ch~'k !D~f it Were a v~lation of'law t~ transa~ business with flint pe'rsonifth~e customer was not at least i8. A Polaroid pheW0 of the checker Will be taken and kept 2. ~ompiianco ch*Ckors will make no o[[od to dis~Ui"o thoi;a~o and will woar. el0thin0, hair styles, and makeup Similar t° What they or0inarily ~oar~ 3. Ma.o comp.'ancO checkers will altompt to purchase chowin~ tobacco'or d~aro~os. complihnce ~he'ckers W?I a~empt to purchase cigarettes. ~' 4. Compliance Chedkers Will be inst~cted not to-'lie. 'If thee.ere asked ~heir ~ge or bi~h date ttmy will give their actual date of bidh or show th~i'r a~ual iD or driver's license if thPy have one. 5. The officer will v~ri~y that tho ~hecker does not have a~ tobacco pr~u~s of their own when flmy ~nt~r ~h~ store. 6. I[ at ~11 .possible the compliance ~h~cker ~ill get~,t'~',., ,~.~cash register. = receipt. . (mor~.. easily accomplished if an ad~{ional small item Ilke gum or cola is >urchasod~ at tho same time). 7. ~ho ch°dkor wi, d~cMo what brand of t~bacco to purchase aha consistontly Pumhas° that brand 0urin~ tim course o[ that day,s s~oy. -8. Fo!lowin~ any purchase of tobacco tho checker will Ioav~ tho store and ro~0~ o~'a rope. form ~t~_. followm~ mlormabon: name oI c~o~ (~ ~t ~s o~ a bad~o): ~o~oral 0oscnpbon o[ tho clerk mclu0in~ nppr°xfmatO age, hair color and style; Iocatiop ofthe register; ~te; time of day; and the name of the compliance ~ebker. Thais information~ the p~ck o~'~arettes (c~ow) and the receipt will then b~ placed in an e~uelope and maintained as evidence. ; :; ' ~' '" ":'~ " ?~"~: 'th return' to the 9. ihe checker will then return to 't~he sto(e with theofficer ~nd identi[g ~ cle~ and car whii~ tho officer compl°tos tho compliance chock. I0. 1'he officer Will infor~ the Clerk that he or she has jest , ~ b~en identified as the person 'w~O made an illog~i sale to the compllance checker and verify that a sai~: took place. The officer will complete a polio~ mpo~ and issuelh° approPdat, dtation to th, Clork. ~°ttOr will bo sent to tho licens~ hol0~r advisin~ ~h~m~ oi tho indioont and police rop0~. -~ t ~ ~:' 11. i~ n0i![egal Sale was made, tho officer Will inform tho ci°~ that ho or she corro~ly checked avoiding an ill'egal sale. The manager will bO notified and cO~gratulated and asked if there are any queSlion~. - 1 2. If the'compliance checker °nters a store and recogmzes the cle~, the checker 'sh~i do [oltowin~. In a lar~° sto~o tho ChO~k,r shouM ~o t6-a r°mot, r~istor. In a small stet° tho compliance check Will-be abeded. A different checker wili-be dbployed to ~omplete the check at a later lime. -~' ~, ....... - ,,.: - -.~% --~ ..... Inforr0ation (612) 782-2840 E DEPARTMER "- Investigations782-2850 CiTY oV O"EU _B[ - -EIGHTS ~ Number 782-2842 ~--~,-: ~;' %A~ ' :~-~-'. '~59 Mdl Street N'odheast DAVID P. MAWHOR E ~OSEP~ S. ~U~D~AN I: ~... :. ~ ~ Columbia Heights MN 55421-3882 Chief of Pohce ¢~or. _, 782-2845 ' ' - : Ap~ ~2, 1994 Cities o~'C~lumbi'~-~sigh~"~d mlimp - ' CompE~Cd 'Wi:~ 'i6¢h~'C'~ '~¢~-6¢JgaleTM is ~' ¢n¢ {n our mmmunity. ~e:~gh Cost eveuone oDjects f6 Plegal ~ 16 ~fdom, children am still getting cigamnes ~d st~ng to ~oke at an alaming rate. ~ a~ cOmmiife¢ ~ddressi'flg--~is p~btem. ~ile our schools have fine educational p~grams. we will not: ~de~'~ ~th'~e whol(prOblcm unless we add.ss ~e "supply side." ~emrom, to ~duce mlnbr~-access ~ ~acco, ~e ¢I1] ~'{ff~titudng compfi~ce checks. As a fibrder ¢~ tSbaceglicense, k6U Wq'l] ~'i~recma bY mesa checks. ~fing me next ye~ me Police ~pa~-en' will conduct comph~ce checks of each ]iCens~ vendor. We *'i,. use,mmp~}~c~,~P~cKem wno am ~vc~ ,- ~,~ ~,,~y... · ~ ........ ~: ....... ~e,, will any effS~ to decdve Or Bully you. ~ey will. however, act ~me teens t~ng to uuy v, gmc, m~e no effO~ t-O-~ake ~emselves look-older. ,',, _ - -~,*~;~'~- ;.-'-C~; .... eMfe tabasco to OU~ comfili~ce checker? It wall affect your hcense. What x~i]/nap~.i[~Y0Ur C~nE~uY~ ...... .'~ · : .... tion if a'salc-lS ~ad~,~e~ager on duty ~d ~e cle~ wall ~ ~nfo~ed ~mmed]a~ly. Later. a noufica of a Iic~ns'e'vlot~i]'6fi ~1]'~ foUnded'to ~e City of Columbia HeighB Licensing Dep~ent. violation c0~ld ~e~i"~i~ license applications.- should also ~m]nd your cle~s ~at You ' ' ': -~'~"~ ' ~ selllng robac~ W a mino~ is a gross misdeme~or ~d ~at the Ch ~I pres~:~fi~inat- ~fi~rges. ~e maximum ~nalty for a gross misdeme~or is a $3,~ fine or a ~*~ in-iail. W*h~e ee m'~xi~ffiU~'*~nalt'y would not likely ~ applied o~ a fi~t offense, ~e clerk, w? ~datfi)~; be faci~'legfl [?s,a fi~e a~d a ~ss~bl~snminal m~. Facing ~ose cons~uences, cter~s - '~fid it easi~¢*i~'*ch~V idenfifiEations ~fom ~mng. ' :~ ~, ::/~, ~ ~'~;?-:~ '-~ .~{0-$ee~''- i :~fiC0urage you to imtitute a g~d ongoing .tmmmg You can ~tect'~O'~t ncense m~u yum ~,,,F ] · ' ' ' ~gr~' ~f y0uf eieAs: 'An inex~nSWe training video ~d m~ual is available ~rough ~e M~esota :P - . ~ .... ~ ~o ~.ax ~ ,ho ~mnke-Fme 2~ Coalition (612-338-8193). ~e Association fo~ N~s~oke~Mi"~s$t~ (~SR)(612-~6-3~5) will Mso wo& wi~ ~t~lem who wish to ~pmve iheir yog~.- ~ illcgaf s'ale~, afi~'&~ a~e ~lid~ to ~or~ wi~ you to achieve our gore. If you have ~y questions, please call flit Columb[a~}ielghts~ Poli~ ~pa~ent Crime Prevention Unit at 782-2849. '";i:: - .;¢~ :. ;' :(~';~ --.~;~:-.- ." ' .;' ~ 'Columbia Heights Pofi~ ~pa~ent ~ .... , Crime . ' -~( .: '~5 % : . '. . - . Prevention -'"'. City of Columbia Heights Recreation Department TO: FROM: SUBJECT: DATE: Patrick Hentges, City Manager Mark Winson, City Engineer/Public Works Director Lauren McClanahan, Superintendent Public Works Carol Frey, Volunteer Coordinator) Donations to Beautification Project ~ ~ ~ ~ ~ ' ~J July 25, 1994 ~-'~ ~ ~ On Friday, July 22 we Dicked up a donation of 12 shrubs from Outback Nurse~. The shrubs include8 six (6) Potenti!la, one (1) ~borvitae to be Dlanted at Wargo Court, two (2) Do~oods, and three (3) Co,act Viburn~ to be Dlante~ along with seven (7) Hydr~gea at the Ero=t of the library. The volunteers are in the Drocess of organizing the Dlanting day and time. CF/jm TO CITY COUNCIL AUGUST 8, 1994 *Signed Waiver Form Accompanied Application 1994 LICENSE AGENDA ~PPROVED BY 3uildlng Inspector II II II II II Il II CONTRACTORS A-Aarons Plumbing *Central Roofing Co. Div6rsified Hech. Serv. W W Services *Don /~etd Plumbing LICENSED AT P.O. Box 712, Chanhassen 4550 Main St. N.E., Mpls. 1525 E. 88th St., Blmtn. 16200 Ferret St., Ramsey 14244 - 43rd Ave. N., Plymouth FEES 40.00 4o.oo 4O.OO 4o.00 4O. OO POLICE DEPT. CLUB ON SALE SINGLE EVENT BEER SALES *Immaculate Conception Church 4030 Jackson St. q.E. Clifford Marvin Shedlov For Funfest 9/10-11/94 REQUEST FEES BE WAIVED POLICE DEPT. CARN1VAL *Immaculate Conception Church Clifford M. Shedtov 4030 Jabkson St. N,E. For Funfest 9/10-11/94 REQUEST FEES BE 14AIVED ANOKA COUNTY SAFETY & HEALTH. ITINERANT FOOD CONCESSIONS *Immaculate Conception Church Clifford M. Shedlov 4030 Jackson St. N.E, For Funfest 9/10-11/94 REQUEST FEES BE WAIVED POLICE DEPT. PUBLIC DANCE *Immaculate Conception Church Cllfford M. She~lov 4030 Jackson St.N.E For Funfest 9/10-11/94 REQUEST FEES BE WAIVED POLICE DEPT. TAXICAB VEHICLES *Suburban Taxi Corporation 6 Taxicab vehicles within the City $450.00 July 5, 1994 City of Columbia Heights 590 40th Ave. NE. Columbia Heights, MN 55421 To Whom It May Concern: I am requesting that all fees concerning permits for the annual Immaculate Conception Church Fun Fest be waived. This event will be taking place September 10th and llth. Thank you for your assistance in this matter. Sincerely, Chairman - ICC Fun Fest BI:,~C %'t:,I-~ANC '1: AL,,SY ST E:M 0~/0 .'_v 94 07: ,~6: ,37 F'Ut'.ID RF'CAF': FUND D E:SCR I F'T I ON 2. 02. 225 240 270 384 40:1. 4()2 405 4:1.0 4t2 4:L 5 601 603 609 65:1. 701 72O 720 880 885 887 GEENERAL. CABLE TELEV ]:SION L l B F,'AR Y DARE PROJECT TAXABLE REFUNI)]:I',IG - ].993A CAF'ITAL ]:MF'F~OVEMENTS ,STATE: A];}O CONSTRUCTt ]OOWNTOWN MAZt'-IT1EI'.IA!',ICtF ,c:;I..IEI::'F Z. EL..O REDEVEL. OF'ME:FI'f' CAF'ITAL. ZMF:'ROVEMENT F'ARKS C'AF'J:'t"AL ]: MF:'F::OVEMF. i;NT - F']]F;,' WATER U"f':E L I"FY SE]WER UT ]] L.I TY REFUSE F"t..H'-ID L. ]: Q U 0 F;.: WATER COI'.ISTRUCTIOIq FUND CEEhI'T'I:~AL. GARAGE EI'-IERGY MANAGEME]'.IT X) A ]" A F' R 0 C r< S ,'.:.; ]: N g t:'t::];.fl'lZ T SI. jF:,'CHAF,.:GE CONTF;: I.'(.}:L.tTED F'RC)3'r-i:C'TS-F.'.EC CONTRIBU'I"ED PROJL=.:CTS-GE]'.I :[ 1,1S U F;: A hi C E ESCROW :[ h~VES'¥MEI',IT TRLJS]' FL.F":X BEt'.IE]:'.ZT TRtJST FUI'4D TOTAL AL.I_ F'LIN):)S BAhIK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL Al_L_ BANKS C he c I,:. History DISBURSEMENTS 39,024.08 309 ,, 83 6,2.42.67 182.92 'J-3,7;52.50 2., 904., 66 94.7]. 49 ,, 42 69,2.82.. 52. 736 ,,60 2., 467.42 63,046 ,, :L 9 3,6].2.22 93,209.60 152,367.10 i, .1.99 .. 42 4,422.93 1, ;[37. :[2 495,, t3 :L49 ,, :L2. 342.76 . ,-.po 96 12,].37.15 20]., 549 .. 54 1,750,000.00 9,500.7 ]. 2,428,28~.27 D l SBURSEMEhlTS 2,428,285.27 2,428,285..27 BRC F']]'-fAhlC]:AL SYSTEM 08/05/94 07: 2 C he ~1-.: History 8/8/94 COUNC].'L_ L..]:S'I"'I:I',IG CITY OF' COLLJHBIA HEIGHTS GI..540R-'~V04.15 PAGE: 1. BAI'-IK VENDOR BAI,IK (.';I-.IEC;I(:t:I,IG ACCOI. JI',IT CHECK NUMBER AMOUNT IqORTHEAST STATE BANI< AA EQI. JZPHIENT COMPANY ANCHOR F'AF'ER AIqDERSC) Iq/TOId ANO I,'.'A COUFITY BF-"]...I_B OY CORF'OF.:AT 101',1 BEI-:,'GF'ORI) TRUCK ].'I',IG CC)L..L.,'ML-'~IA HEIGHTS I C.t 0 M F:' U"I"E:F;.: CORF' D C HI.::'Y cor, IF'AI'.-IY t'...)l:;,']: (3GS--COOF'E:R &. CO ICBO JOHNSON BF,'[3S, L..Z[;,~LJOF,' CO. I<UETHER D.T. ST. CO. I..',' t.J F,..'A ~..];H/R I C[-.I(..:'~F~.'O IdZDWEST BUSII'-ILT. SS F'F;.:ODLJCT M ]: hi N [EA F:' 0 L.. ]: 8 F' I N A 1',1C E DEE P ]" H I I,ITER-WE Z S M AI',I NA'I"OA I,IOF;tTH. EF;,'N STATES F'OWI=:F:.: F'AUS]"IS & SONS F' L'Z Tli{.R S 0 I'-I / D A WI'-.I F'IET]"Y CASH - J¢.-d.,lIC.tr-~: HCGH F'E-"T'f'Y CASH - KAREt,-I IdOE]_.L F:'H:[L.L.]:F'8 & SOl,IS CO/ED F:']:I'-IE CONE NURSIEF;~Y & GARD PL..ETCHE:F;t,S I:'1~ l OR W II,IE Qt. JAL. ITY WI:NE: & SF'ZRZTS RIEINKE/LYNN M STATE OF HZNN-CF'V F'ROSRA SL.ICKERMAN/PHIL UNZON 49 LJF:'F:'GAAR:D/HA R I E W1.'NE IdERCHANTS WOODL_AKE: SANITARY SEF,'VIC I,IOI:;~THEAST STATE BAI'-IK IqOF;.:THEAST STATE BANK U S POSTMASTER BEL.L.f.:.;OY COF.:F'OF,'ATI 8N I.:qERGFORD TRUCKZI',IG B 0 F;4R l S/B l BUD I NGF:]:;.:/PATR l C I A E;OL. UHB'I:A HEIGHTS ]: [.'.I-~'.I:<AT.'[ VE LAM l NAT :Z. I,,IG L-)AY/F'F;tE:I) A 48245 48247 48248 48249 48250 48251 48252 48253 48254 48255 48256 48257 48258 48259 48260 48261 48262 48263 48264 48265 48266 48267 48268 48269 48270 48271 48272 48273 48274 48275 48276 48277 48278 48279 48280 48281 48282 48283 48284 48285 48287 48288 48289 48290 48291 48292 48293 1,500,000.00 868.02 361.69 60.00 1,].45.44 16,880.24 523.80 8,445.95 186.38 64.25 10,620.47 ~59.00 4,723.22 19,872.70 106.45 79.58 58,282.04 4,234.27 300.00 72.27 103.00 :LO,,O0 23.29 86.26 4,425.53 261.00 980.84 6:LO ,, 09 611,16 215.00 88.92 350.00 6O4.82 567..00 2,50 209.00 93,085.75 250,000.00 13,732.50 2,000.00 11,780.05 351.60 20.00 20.00 4,088..69 37.49 20.00 I 3RC I--IlqANC]~AI- 8YSTIEM ,]8/05/94 07: 2 8AN K VEI'IDOF: Check History 8/8/94 CSL.It,IC Z L. L Z 8T I fig CZTY Oi.'- COLUMB]]A HE]~f.3I..ITS GL..540R-V04. J. 5 PAGE 2 CHECK NLJMBER AMOUNT BANK CHIZCK ]]blG ACC;OUNT I)ELF.~GARI) TOOL, CO, DOtqD El_ I NGIER / ROBtERT F'OC:U8 NEWSPAF:'E:RS F'UF:]R,ST/BRYON Gt!i:ROU/JEAt'I M G I BSC~Iq/L.AURA GF;,' ]~ GG~,~-'COOF'ER & C.'.O GR(]SHOI'.tG/I-ARRY )~) & JANZC I-he, biS ON/SI"IIZt_ L Y I..II~']][GHTS I"ZL.i:"'.'CYt-F;,']]C ]]NFS. ]]C:BO CONF:'ERENCE HOLJS]]t"IG JOHI'ISON BF'.:OS. t_]]QUOR CO, J O! "II',! S 0 l"I / [; 0 F ~: t._ ]: 88 KLOSS/P'!AF;,tY K F;.:A t..IS-AI"II) E F;.' 8 C)N l,{Uti!].-!lq / JtZAN t(UI~7['HER D'.EST, CO,. LAWSOIq F'F,'ODUCTS ZIqC L]]f, IDr<RS GAF~DF.~],I CENTEF,' L. U T Ht~".F;.'./P A TR Z C ]] A M ti!: F;.'. R E I_. I.. /M A R Y M][DWEST BUS]:NLT. S8 F'F;~ODUCT M]] El.. t<}.i]/J AI',IE T M][ I,ItqE(SASCO M :Il N TER-.WE 18MAtq I','l (] IZ t_I..I']".F~ / KAREN I,IC)F?.TH STAF;,' CONCRETE NUI,I(.]E8 8ER/CI-tARL. ES IqYGAARD/EVELYN ~ F'AF~'¥'S F'LUS F'AtJLSON/C;HR I S PERKINS/MARY F'ETTY CASH -- JAN]]CE MCGI-I P[<TTY CASH - JOANI,!K.-: BAKE I:'HI/.L. IF'S & SONS CO/ED QUALITY WINE & SPTRITS F,'ANDALL./D AVI D SCHMIDT/JEANINE lq 8KAJA/DORIS SLOW PITCH MINNI.T. SOTA SOFTWARE: TA]:LORS STATE OF MII,Itq--cPV PROGRA TLJB~'3S/MARSHA U S WEST CELLUI_AR WIL.L. IAMS ~TEZ].. &. t. IA[~DWAR WONG/YUET MING ANOI<A COLINTY SOCIAL. SERV 48294 33.24 48295 20.00 48296 3,195.83 48297 8.25 48298 215.50 48299 200 ,, 00 48300 12,962.89 48301 64 :, 784., 14 48302 20.00 48303 ~43.28 48304 495.00 48305 8,069.69 48306 20.00 48307 7.05 48308 8,414.75 48309 24.07 48310 24 :~ 972.30 4831 ]. 43.72 48312 48. i2 48313 20 ,, 00 48314 20.00 483.~ 5 73.91 48316 40.00 4831.7 1,377.36 48318 3,772.13 48319 28.13 48320 350.68 48321 25.00 48322 260.00 48323 109.36 48324 20.00 48325 20.00 48326 73.98 48327 76.16 48328 1,975.10 48329 2,798.04 48330 20.00 48331 11.34 48332 5.00 48333 994. O0 48334 308.75 48335 50.00 48336 28.35 48337 98 ,, 29 48338 363 . 86 48339 20.00 4834]. 36].. 00 BRC FINANCIAL_ 8Y8TEM 08/05/94 07: 2 Check History 8/8/94 COUNCIL. LIS'TII,IG CITY OF COI_I. JMBIA HliEIGHT8 GL540R--V04.15 PAGE BANI{ VENI) OR CHECK NUMBER AMOUNT BAI"-I I( CD'II:ZC I'(:I:I"-IG AC~COI. JI'-IT FIRST COMMUNITY CREDIT U GRI-'-:AT WEST LIFE & ANNUIT GI:~OUF:' HE:AL..TH ICMA RE"'TII'~I'£ME']".tT TRLIST 45 ME:D CI:i:I',ITE]::.: HE:ALTH F'LAN MEDICA CHOICE M Z C KEI...SOI',I, ]"RLISTEE/J J MN STAT'E F;,'L:'ETIRi~.MI-ZIqT SYST NELSON CHE]'ZSE AND DELI NOF;.:THi'];AS]" STAT[£ BAI'IK F'AYROL. L. A(]COLINT F:'EF;.'.A I-'ERA -- ]DEF:"I: I'~IE]~) CONTR'IZBLrl- PEF;.:A - I---IRE F'ERA PC)L_ICE REL'[EF' CONSO F:'L,IY-:I_IC MANAGI:-:R8 ASSGCIAT S]"A]"E] (.";AF:'ITOL_ CREDIT LII-.I].' TOMA8 I...lt',t I GN 12].6 I. Jt,I 101".1 320 I..Jl',t :[ 'l"E D WAY AAA/F'I:~IORITY VI]C)EO IN(:) ACE HARDWARE Al_ADD I I"-I r"OOl_8 AMERIC~AN AGE."NC;Y INC AI"II~]:~ I CAI'..I B'I;NDERY AMERIC:AI-..I LII'..IEN SUPF'I_.Y CO AI,.IOt<A COUNTY LIBRARY ART GOEBEL. FORD ASF'EIq MII_LS, INC. BAI<ER & TAYLOR BAUER BUILT TIRE & BATTE BITUMINOUS ROADWAYS, BI..UEMELS TREE SERVICE BOOKMEN INC/THE BOYEI:~ TRUCKS BRIGHTON EXCAVATING BI~OWIqING-FERRIS INDUSTRI CHEROKEE F'OWER EQUIPMENT CITY OF ANOKA CITY OF:' COL. UMBIA HEIGHTS CITY WIDE LOCKSMITHING CL..ARI< BOARDMAN CAI_LAGI--IAN CL.ARK FOODSERVICE INC COCA-COLA BOTTLING MIDWE COMMISSIOIqER OF TRAtqSF'OR CONNELL. Y INDUSTRIAL EL. EC 48342 1,314.00 48343 4,464.50 48344 8,641.30 48545 5,548.21. 48346 6,5:t. 8.65 48347 19,527.25 48348 350.00 48349 680 ,, 00 48350 123.60 48351 33,472.97 48352 106,996.79 48353 17:, 76;L ,. 79 48354 64.62 48555 368.92 48356 1,559.33 48357 200 .. 00 48358 945.00 48359 245 ,, 78 48360 100.00 48361 796.00 48362 124., 00 48365 83 ,, 56 48366 25..74 48367 26.73 48368 9,097.00 48369 82.99 48370 199.68 48371 989 .. 48 48372 1,384.72 48373 646 ,. 96 48374 1,805.47 48375 54.24 48376 2,061.87 48377 20,389.28 48378 207.18 48379 18.96 48380 255.60 48381 261.18 48382 196.43 48383 100.00 48384 55.00 48385 35 .. 00 48386 57.85 48387 ]. 14.53 48388 _1. 43. O0 48389 80..00 48390 193.48 Check. I--ti story 8/8/94 COUI'.tCII... L CITY OF COI_UMBIA HEIO)H'T'S GL540R-V04.].5 PAGE 4 CHECK NLJMBER AMOUNT i~Al',t I< C'.HIi-]C 1< ]]I,IG ACCOIJIY]F D C HEY COMPANY DAVIES WATER EQUIl=' 'CO. DAWSON I)l~.]l"iCO DORAI)L~S CORF:'ORATION DU AI_L SERVICE CONTRACTO DUt'I & BRADSTREET CORF:'ORA ED I lq/CHERYl.. tE]I... Ell C T R O-M A G 8 F' E C ]] A L T Y ER][ CKSON/GEORGE F'L.ASH GORI)ON RIBBONS GALE RESIE]ARCH CO. Gt~]',IU]]NE F:'AF:~TS/I~tAF:'A AUTO GOOD ]]14 C8. GRAYBA'R EL. ECTRIC GREIENWOF(I<S H,,D,, tNDLtSTRIE[8 t-'iAI"JCIE COMF'ANZIES !"tIZF~ I<At_./LAt:::Y J I-IObJARD NEEDLtES TAMI'dEIq ]]tYS"FY F:'R]iNT8 IN]"tEiRIqATIONAI.- CRYSTAL MF I< MART t<OCH MATIERIAI-S CO, I<RANAI</BERNAD I NE I_EtEI::' BROS. t..ORENZ BLtS SERVICE MA!IE]~ STEWART & ASSOC., MASYS CORF'. MCCOMBS FRANI< ROOS ASSOC MECA SPORTSWEAR MENARDS CASHWAY LUMBER I'IEF~IT BAI)GE COMPANY MIDWEST ASPHAL.T CO. M]]DWEST BUSINESS F'RODUCT MIG COMMUtq ICATtOIqS MI]NAR F'ORD MZIqNEAF'OLIS EQUIPMENT CO M]]NNESOTA BLUEPRINT MINIYESOTA CITY/CNTY MGMT M]'.NhlE80TA CONWAY F]]RE M ][ NI'-IESOTA EI_EVATOR M][NNESOTA F'I_AYGROLII',ID tNC MZt~INESOTA F'OLICI~[ RECRUIT t"Itl'.It'-U~SOTA UC FUND MI',t CEt...I.,.U[..AF~ ONE 48391 47.34 48392 50.02 48393 96.30 48394 11 ,, 11 48395 96.00 48396 1,904.66 48397 89].. 50 48598 65.18 4839? 44.63 48400 50.00 48401 172.00 48402 :L 10 ,, 67 48403 ]. ].3.36 48404 940. 48405 9]..43 48406 250.00 48407 49.01 48408 !70.18 48409 51.26 48410 736.60 4841]. 1].8.05 48412 250 ,, 47 484].3 11.86 48414 405.55 484].5 10.00 48416 128.53 484].7 172.00 48418 1,199..42 48419 821.78 48420 2,862.88 48421 27.45 48422 277.76 48423 10.65 48424 49.71 48425 201.18 48426 49.45 48427 150.22 48428 1,611 . 50 48429 72.71 48430 75.00 48431 17S~' ,, ].0 48432 69.50 48433 216.5]. 48434 1,548.98 48435 ].06 . 00 48436 558., 54 48437 6.05 BRC FINANCIAL SYSTEM 08/05/94 07: 2 Check Nistory 8/8/94 COI. JNC]~L LI,S'T'IN[') CITY OF COL. UMBIA HEIGHT8 GL540R-V04.15 PAGE 5 BANK VEENDOR CHECK NUMBER AMOLJNT BAl'-ll( CHI:_.ECI(ING ACCOLJNT MN STATE TRE:AS BUIL. I)ING MOORE MEDICAl._ CORP MT]: I)I 8I'F(IBLJTI NG I,IATW IqEWMAN SIGNS IqOIRTHERN AIR NOVU8 OPERATIONS OLSON RADIATOR CO. OI...SON ' S PL. UMBI ND OMNI GRAF'H l CS, IIqC OUR DES]:GIq ]:NC I::'ETEF(SON ' ~ F:'ETTY CASH "" REDECCA LOA F:'ZIqE OONIE NI. JR~ERY ~ GARD RAPII) GF(API"I]]C~ ~ FI~IL. ING F(OSEDAL. tE CI'~EV S E A WE]L.L./F'A'T'R I CE] SIERCO L. AD8 8'T'A R 'T' R I B UI"IE 8TIZRI_II'IG SUPF'L.Y INC SUBURBAN RUBBER 8TAMF' SUBLJI:(BAN TIRE SERVICE SUNBUF~ST-'L. EE CHEMICAL.S SWAIqI< MGTION PICTURES 'T'OMAS TGWI'I & COUNTRY OFFICE CL 'T'RACY F'F~]]N'TING TRI-STATE BOBCAT, INC 'T'I:(UGREEE]N []HEML. AWIq TUBBS/MARSHA U S TIRE & EXHAUST U S WEST CELLULAR UNI F'ORM8 LJNLIMITED VIKING INDUSTRIAl- CENTER VOSS LIGFITING WAGER ' S Il'lC. WHITE]'S N.E. RENTAL WII_SON/H. W. CO ZONZNG NEWS ZONING REPORT/THE 48438 149. %2 48439 971.55 48440 49.42 48441 350 . 15 48442 120.56 48445 152 ,. 50 48444 45.50 48445 58.75 48446 222.00 48447 95 . 00 48448 46.95 48449 23 . 05 48450 42.03 48451 231.1~ 48452 -'].33.32 484 53 824 ,, 94 48454 78. ~,8 48455 90.00 48456 -%02.96 48457 45.26 48458 22.96 48459 90.53 48460 47.01 48461 113 ,, 00 48462 223.93 48463 3,225 ,, 89 48464 -% 57.62 48465 5,804.25 48466 56.2'1. 48467 45.00 48468 95.68 48469 9.91 48470 58.62 48471 17.57 48472 27.80 4847'5 112.68 48474 21.30 48475 230 ,, O0 48476 45.00 48477 58. O0 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Coun¢ilmembers Donald G, Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges City of Columbia Heights as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpoce of Meeting: MAYOR, CITY COUNCIL, AND CITY MANAGER TUESDAY, AUGUST 16, 1994 7P.M. CONFERENCE ROOM WORK SESSION .AGENDA 1) Ambulance Study 2) Ethics Policy 3) Cigarette Merchandise Distribution The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) "SERV1CE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY iN EMPLOYMENT OR THE PROVISION OF SERVICES The current role of the Columbia Heights Fire Depamnent of fire responder as Emergency Medical Technician Defibrillator (EMTD) is becoming more common in the fire service. A survey was conducted in 1992. Of the 285 department represented, 51% of the Paid Departments had instituted EMTD programs. Emergency response has been the primary focus of this department since it started. In 1974, we had 527 rescue/medical calls; in 1993, we had 1372 rescue/medical calls. The increase in the EMS service delivery has required the need for increased levels of training to EMT's. Today, all members that are through their probationary periods are EMT's. We started the EMTD program in early 1985 with only the full-time personnel being trained to that level as advised by our Medical Director. The rapid response to citizen's requests for help is a fundamental component of the current EMS system. The study of the 285 departments across the United States revealed 49% of the Paid Departments provide transport. If the decision is made to shift the transport of patients to the Fire Department from Hea~th Span, a logical, orderly method must be designed. This method would start with a hearing with the Minnesota Department of Health in order to obtain approval for an ALS License. Once the license was approved, the method would then include the acquisition of one more vehicle, the training of personnel, the addition of personnel, the identification of appropriate fees, and a time table for implementation. Once units were available for service and additional personnel were hired and trained, we could then assume the transportation of BLS patients only. September 93 30 18 41 31 90 October 93 31 15 48 30 93 November 93 30 22 37 17 76 December 93 31 31 50 28 109 January 94 31 28 41 31 87 TOTAL 153 114 217 137 455 October 93 Calls between 4:45 p.m. and 8:00 a.m. 21 Occurrences of more than one call at same time 8 December 93 Calls between 4:45 p.m. and 8:00 a.m. 37 Occurrences of more than one call at same time 8 September 93 20 3 4 3 5 6 October 93 15 1 9 7 7 9 Novembex 93 21 1 1 2 3 9 December 93 25 2 6 6 3 8 January 94 24 2 3 3 3 5 CO Z Z:) III >-- 0 Z 0 LL! Z LLJ Z rr !11 I1 II~- 11 tl I1 ~ II II It ~ I1 Il II · II Jill ~,,II.0 ~ ~ ~ ~~ ®~",,,, I1 II 11 II II tl II II .... II .......................... II II II Il ~ II 0 0 0 0 0 0 0 II 0 Il ~ Il 0 0 0 0 0 0 0 Il 0 It ~ II" · o , , II ,, ,,® o c~ o o o ~,,~ II ~ I ~ ~. ~ I1 II ~ Il 11 It ~ II 0 0 0 0 0 0 0 tt It~-~ It 0 0 0 0 0 0 0 I{ It 0 ~ I1 ' ' ' ' ' ' , II § o o o,, Il II II ! ! 0 l, LI A I 0 0-~0 I © coCO 0 o-)0 L.O -~-- I 0 CO Z ~) 13:: III BLS Option #1 Start transport of BLS patients Start-up Cost - AMBULANCE Purchase additional ambulance @ $90,000 Cost to be spread over 9 years $10,000 per year Back-UP Ambulance $ 10,000 Medical Advisor 5,000 Hire three Firefighter/Paramedics (see NOTE) OR 130,000 Promote three Volunteers to Full-Time Stares Bookkeeping 4,000 Overtime for Callback of Paid Firefighters 8,000 Higher Pay for Volunteers on Runs 8,000 Computer Program for Billing 1,000 NOTE: There are currently many Firefighter/Paramedics seeking full-time employment with f'n'e departments that run EMS Service. 0 0 0 0 0 0 0 0 0 0 tl II It tl II II .... tl .......................... II II tl II 11 I1 CCI 0 0 0 0 0 0 Il CC) I1 ~.~ II ~ 0 0 0 0 0 0 Ilo~ II It 11 0 ~ CO C~ (~ ~ '~' II 11 ~ It ~ ~ 0 ~ ~ ~ ~ II II ~ 11 ~ ~,~ tl ti II ~ lilt g I1 tl ~ 11 II I1 ~ I1 tl  . , , , , · · 11 I1 II ~ 0 0 0 0 0 0 II ~ It Il Il II II II II II II .... II .......................... II It II II " l' ~ ~ Il II ~ ~ ~ II ,, ,, II I1 II ALS Option g2 Transport of all patients Start-up Cost AMBULANCE Purchase additional ambulance @ $90,000 Cost to be spread over 9 years: $10,000 per year Ambulance supplies: $10,000 Have Public Hearing - - - Back-up Ambulance, fully equipped (see above) $ 20,000 Medical Advisor 10,000 Hire three Firefighter/Pammedics 130,000 Train three Current Employees to Paramedic 8,400 Overtime Callback during Employee Paramedic 5,000 Training Bookkeeping 8,000 Higher Pay for Volunteers on Runs 8,000 Overtime to Cover Second Alarms 8,000 Computer Program for Billing 1,000 OPTION #1 OPTION g2 TOTAL TOTAL DIFFERENCE $ 166,000 $ t98,400 $ 32,400 Fire Chief Recommendation: If transporting, ALS is recommended over BLS, for the little cost difference. ALS Option #3 Transport of all patients Start-up Cost AMBULANCE Purchase additional ambulance @ $90,000 Cost to be spread over 9 years: $10,000 per year Ambulance supplies: $10,000 Have Public Hearing ' - - Back-up Ambulance, fully equipped (see above) $ 20,000 Medical Advisor 10,000 Hire six Firefighter/Paramedics 260,000 Bookkeeping 8,000 Computer Program for Billing 1,000 OPTION g2 OPTION #3 $198,400 Fire Chief Recommendation: If transporting, ALS is recommended over BLS, for the little cost difference. Option ~4 Ao Columbia Heights Fire Department Continue to respond to all calls as always B. Heaithspan to Transport C. Healthspan to: 1. replace at no cost all supplies used by Columbia Heights Fire Department. reimburse Columbia Heights Fire Department when Firefighter/EMT's are requested to ride the ambulance for patient care. 3. reimburse Columbia Heights Fire Department when extrication tools are used. 4. provide the monthly and specialized training to keep EMT's certified, at no cost. 5. provide a Medical Director, at no cost. Unexpected ALS Procedures on Non-Em-Amb Calls This study reported that 1.8% of patient initially dispatched as BLS later required or invotved ALS intervention. 1. Will the BLS personnel always recognize a situation requiring ALS and request ALS support? If an ALS situation is recognized, other factors may preclude the BLS personnel from requesting ALS support such as, short transport time or the unavailability of a close ALS unit. It is possible that an all ALS system would provide better patient care by providing a universally higher level of care to all patients from the time of the first EMS arrival to the patient. 167 Grand Avenue St. Paul, MN 55102 · 6~2-222-3725 June 6, 1994 HealthSpan Transportation Services A i-ieatthSpa2COr.aar~ization Charles Kewatt, Chief Columbia Heights Fire Department 590 - 40th Avenue NE Columbia Heights, Minnesota 55421 Dear Chief Kewatt: In response to our conversation of April 6, 1994 I have drafted a document that outlines our cooperative agreement between Columbia Heights Fire and HealthSpan Transportation Services. I am confident this wilt help to solidify the excellent working relations we have shared over the years. t. Medical Direction: HealthSpan Transportation Services has provided medical direction to Columbia Heights Fire for many years. We will continue to do so. This includes on sight training and consultation for 8 hours per year. As needed access can be accomplished by telephon4 Via the FleatthSpan Training Department or via the ALS area manager. In the future HealthSpan will be offering a Medical Director package through the Training Department. This can be incorporated into the annual training plans. HealthSpan will also provide monthly EMT and First Responder education for the department. This training will be charged HeatthSpan's usual rate per hour. This represents a significant savings of retail rates. .2. Equipment Replacement: HealthSpan will provide equipment replacement to a value of $1,000 per year. The specific items and how they are determined will be established at a later date. 3. Billing for Ride Alon~:. HealthSpan does not charge patients for extra attendant when First Responders ride in to provide care. Most, if not all, payors refuse to pay for this type of service. Failure to pay for this charge would ultimately raise cost to patients since it would become their "out-of-pocket" expense. June 6,, 1994 Page Two Defibrillator/Monitor HeatthSpan currently uses Zoll 1400' manual defibrillators. If Columbia Heights chooses to purchase a compatible Defibrillator/Monitor, HealthSpan will provide: · Employee training (initial at no cost) · HealthSpan purchase discount · Service contract availability · Defib pad replacement (no cost) Medical Preparedness: HealthSpan will continue to provide up to date consultation and information regarding industry trends, and compliance to Government rules/regulations as related to the ambulance industry. I took forward to working with you and your department into the future. ~._,Sincerely,.~ ~,, ~ Mark Stutetberg Dkector, ALS Operations !67 Grand Avenue St. Paul, MN 55102 June 8, 1994 Patrick Hentges City Manager Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, Minnesota 55421 HealthSPa.n Tmnspqrmtion Services Dear Mr. Hentges: In response to our conversation of April 6, 1994 I have drafted a document that addresses your questions and outlines a cooperative agreement between Columbia Heights Fire and HealthSpan Transportation Services. I am confident this will help to solidify the excellent working relations we have shared over the years. 1. Rate In response to your questions regarding HealthSpan Ambulance rates. Prior to March 1992, HealthSpan determined ambulance charges based upon the severity of illness/injury. Rates were charged in 4 levels, level 1 being patients of lowest acuity and level 4 patients of most serious illness. During that time we received feedback from our senior population expressing concern over large out of pocket expenses due to low reimbursement from Medicare. Generally, these customers represented patients in the level 3 and level 4 rate area. In response to that feedback, HealthSpan stopped billing based on acuity and began establishing new rates based on readiness. We feel that this better represents our cost of providing service to the communities we service. Currently, we have one ALS transport rate for non-scheduled emergency calls. 2. Medical Direction: HealthSpan Transportation Services has provided medical direction to Columbia Heights Fire for many years. We will continue to do so. This includes on sight training and consultation for 8 hours per year at no additional cost. As needed access can be accomplished by telephone via the HealthSpan Training Department or via the June ~, 1994 Page Two ALS area manager. In the future HealthSpan will be offering a Medical Director package through the Training Department. This can be incorporated into the annual training plans. HealthSpan will also provide monthly EMT and First Responder education for the department. This training will be charged at HealthSpan's 1994 training rate of $25 per hour and is subject to an annual hourly increase. This represents a significant savings of retail rates. 3. Equipment Replacement: HealthSpan will provide equipment replacement to a value of $1,000 per year. The specific items and how they are determined will be established at a later date. This amount was established after reviewing supplies expenses from fiscal year 1993 and determining the percent of expense attributed to ambulance activity in Columbia Heights. 4. Billing for Ride Along: HealthSpan does not charge patients for extra attendant when First Responders ride in to provide care. Most, if not all, payors refuse to pay for this type of service. Failure to pay for this charge would ultimately raise cost to patients since it would become their "out-of-pocket" expense. 5. Defibrillator/Monitor HealthSpan currently uses Zoll 1400 manual defibrillators. If Columbia Heights chooses to purchase a compatible Defibrillator/Monitor, HealthSpan will provide: Employee training (initial at no cost) HealthSpan purchase discount Service contract availability Defib pad replacement (no cost) Medical Preparedness: HealthSpan will continue to provide up to date consultation and information regarding industry trends, and compliance to Government rules/regulations as related to the ambulance industry. June 8, 1994 -Page Three 7. Deployment HealthSpan continues to review response time criteria to all of their communities. We have recently created a new coverage location at Fridley Fire #3 (Rice Creek and Central). This deployment change was initiated to address demand needs across the entire southern portion of our service area. I look forward to working with you and your department into the furore. Sincerely, Mark Stutelberg Director, ALS Operations Resolution 94 - RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, ADOPTION OF AN ETHICS POLICY FOR CITY EMPLOYEES PURSUANT TO MINNESOTA STATUTE 471.895 DEALING WITH ACCEPTANCE OF GIFTS BY PUBLIC OFFICIALS AND EMPLOYEES WHEREAS, the Minnesota Legislature has passed a new law (Chapter 377, specifically Minnesota Stature 471.895) prohibiting most forms of gifts from interested persons to local officials; and WHEREAS, Minnesota Statute 471.895 defines interested persons as, "a person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make."; and WHEREAS, Minnesota Statute 471.895 defines local official as, "an elected or appointed official of a county or city or of any agency, authority, or instrumentality of a county or city."; and WHEREAS, this definition has been interpreted to mean that any official who has any input to the decisionmaking process (recommendations included) falls within the scope of this law; and WHEREAS, Minnesota Statute 471.895 defines gift as, "money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving (from the local official) consideration of equal or greater value in return."; and WHEREAS, various legal opinions have suggested that a very broad scope is being used to interpret Minnesota Statute 471.895; and WHEREAS, the League of Minnesota Cities has provided further study of this issue and has recommended that cities apply this statute to all of their employees until further clarification is provided by the state as to the scope of the statute. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the following policy is hereby adopted by the City of Columbia Heights. An interested person shall be defined as a person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. A local official shall be defined as an elected or appointed official of the city cr cf my agency, board, commission, authority, or instrumentality of the city and shall include all individuals who have anY input into the decisionmaking process. No City Employee, elected or appointed official shall accept gifts of any type, including meals, from any interested person. City Employees, elected or appointed officials may accept awards, such as plaques, which are given in recognition of individual services in a field of specialty or to a charitable cause. City Employees, elected or appointed officials may attend receptions, dinners, or other functions away from the individual's place of work provided they have been invited by an organization to make a speech, answer questions, or present information as a part of a formal training program or seminar. 6. The City Council shall instruct the City Manager to oversee this policy. Approved this Motion by: Seconded by: Voting Aye: Voting Nay: Absent: ATTEST: day of ,1994. Joanne Student City Council Secretary Joseph Sturdevant Mayor TO: FROM: DATE: SUBJECT: MEMOR, , All City Employees Gerald G. Splinter, City Manager August 8, 1994 ' GIFTS AND GRATUITIES Post. It" brand fax transmittal memo 7671 From time to time, City employees are faced with situations concerning the acceptance or nonacceptance of unsolicited gratuities. For exm~ple, people who are doing business with the City occasionally offer to buy breakfast or lunch. During the holiday season, same developers and others say "thank you" to City employees by delivering flowers, candy, or such to a department. On occasion while at a function or activlty, food and beverages are served at a reception, or a meat is provided. The Minnesota State I~gislarure recently passed an ethics law, The City attotmey's office and the personnel department are reviewing the new ,Chics law, and changes to the City's persormet policy will be forthcoming. The purpose of t.his .memorandum is to provide each of you with ~ome guidance concerning gifts and gratuities. The administrative policy of the City is that an employee ma), not solicit any giL or gratuity from any ether employee or member of the general public. In no instance may a gift or gratuity be sollclted or even hinted. In no instance~ may any gilt or gratuity be accepted by a City employeo, even if the glft or gratuity wa.q unsolicited. There are very limited exceptions to what is considered a gift or gratulty. The exc~ptions include: 1. A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause. 2. A trinket or memento of insignificant value. What is insignificant v~lue? Under an opinion of the Ethical Practices Board, a gift of a $2.00 pocket calendar was found to be a prohibited giL. Informational materials of unexceptional value 4, Food or beverage given at a reception, meal, or meeting away fi:om your normal place of work by an organization before whom you are appearing to make a speech or answer questions as a part of a program. All other gifts of food or beverage are prohibited. Under an opinion of the E~ical Practices Board, vendor contributions to a meeting of local officials for breakfasts, hospltalk,/rooms, snacks, or refreshments are prohibited. 5. Usual or customary gift giving among employees during the hotlday sea,on; birthdays, retirements, weddings, baby showers; rolls, cookies, flowers, etc., provided by coworkers. 6. Gifts from a family member. Good judgment ls advised. When you are faced with a situation concerning the acceptance of an item, you should seek approval from your supervisor prior to Its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of us maintain high standards of public service ~nd remain within the letter and spirit ef ethical behavior. Thanks for your cooperation. City Coundl me as (Mayor, or Councilmember, or city Manager, etc.) of this city to the best of my Judgement and ability." (Ref. Ord. 8§7) Section 12.04. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS. No member of tho City Council or employee of the city shall solicit or receive any pay, commission, money, thing of value, or derive any profit, directly or indirectly, from or by reason of, any improvement, alteration or repair required by authority of the city, or any contract to which the city shall be a party, except lawful compensation, including authorized expenditures, or salary as such member of the City council or as such employee. No member of the City Council or employee of the City, except as otherwise provided in this Charter, or by law, shall solicit, accept or receive, directly or indirectly, from any public utility corporation or ~he owner of any public utility or franchise, any pass, frank, free ticket, free service, or any other favor, upon terms more favorable than those granted the public generally. A violation of any of the provisions of this Section shall disqualify the offender, if found guilty, from continuing in office or in the employment of the City, and the offender shall be removed therefrom. Any contract with the City in which any member of the City Council or employee of the City is, or becomes, directly or imdirectly interested personally shall be voidable at the option of the Council; and any money which shall have been paid on ~uch contract by the City may be recovered from any or all of the persons interested therein by Joint or several action. (Ref. 0rd.-~7 857) Section 12.05. OFFICIAL BONDS Th~ offices of City Manager, the City Clerk and City Treasurer and such other officers or employees of the City, as may be provided fey by ordinance, shall each, before entering upon the duties of their respective offices or employment, give a corporate surety bond to the City in ~uch form and in such amount as may be fixed by the Council as security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the City Council and approved as to form by the City Attorney. They shall be filed with the Secretary of the Council. In the event the Secretary of the Council holds more than one (1) office by appointment, the Secretary's bond or bonds shall be filed with the Mayor. The provisions of the laws of the State relating to official bonds, not inconsistent with this Charter, shall be complied with. The premiums on the corporate surety bonds hereinbefore provided for shall be pa~d by the City. (Ref. Ord. 857) CITY OF PLYMOUTH Page 1/2 Job 867 Aug-lO Wed 14:03 1994 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOU'II-I, tvlN 55447 DATE: TO: FROM: SUB.CT: luly 25, 1994 All City Dnployees Dwight Johnson, City Manager Prohibition of Gifts to Local Officials During the 1994 session, the Minnesota Legi,flature passed a law which prohibits local officials from accepting gifts. Basically, the law states that '...an interested person may,riot give a gift or request another to give a gift to a local official, A local official may not accept a gift from an interested person," This law becomes effective on August 1, 1994. Attached is a bulletin from the League of Minnesota Cities on the law. As the bulletin points out,' the language of the law is not completely clear. Further guidance may be forthcoming in the future. However, we intend to live up to the intent and spirit of the law. All City employees will be considered "local officials" until we receive better information. Therefore, effective August 1: · do not accept any gift--Including food, small trinkets, clothing, crc,from anyone. · if you have a que~tlon about whether or not to accept a gift, or whether or not something is a gift, ask your Department Head. Thanks for your help in making certain that we comply with the letter and spirit of thc new law. Post-lt' Fax Noto 7671 D~,~ I, ,~f ,~ ,n .~ CITY OF PLYMOUTH Page 2/2 dob 867 Aug-lO Wed 14:03 1@D4 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 GIFTS TO LOCAL OFFICIALS PROHIBITED DUke Addicks and Joel Jamnik Almost every gift to local (city sad county) officials is prohibited as of August 1,I994. The law which applies to local officials in all cities and counties is Minnesota Statutes 471.895. It states that "an inter~sted person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person." Tiffs sounds simple but it isn't. Who is an "interested person'?." The law states that an interested I~rSon "means a person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make.' This certainly includes anyone who is or may provide goods or services to a city, such as engineers, fiscal advisors, contractors, attorneys, sales representatives, etc. But vix~lty every resident of a city could have a direct financial interest in a decision that a local official could make. Until this issue is clarified our advice is simple: local officials should not accept a gift from anyone. ,. '. But who is a "local official?" The law defines local official to mean "an elected or appointed official of a county or a city or of any agency, authority, or instrumentality of a county or city." The definition of an interested person implies that the tyl~ of local official who cannot accept a gift is a loc..al official wino is authorized to make decisions which could impact someone financially. Clearly the law applies to all mayors, councilmembers, and members of appointed bodies. Many appointed officials including inspectors; clerks, administrators, managers, finance officers, and people who purchase or advise on the purchase of supplies, goods, and services hm also covered. The law goes beyond local officials who can make financial decisions. The law refers to local officials whose decisions (a recommendation is a decision) could impact someone financially. Finally, there is the question, "what is a gift?" A gift means "money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving (from the local official) consideration of equal or greater value in return." To help clarify this, the law established some exceptions. The following are not prohibited gifts. AN EQUAl. OPPORTUNITY/AY'Fi ILMATIVE ACTION 61255050%0 CITY OF PLYMOUTH Page 1/1 Job 888 Aug-t1 Thu 10:19 19@4 *A political contribution. ,"Services to assist an official in the performances of official duties, including but not limited toproviding advice, consultation, information, and communication in connection with legislation, and services to constituents." But this exception seems to be more con.fusing than clarifying. · "Services of insignificant monetary value." · "A placque or memento recognizing individual services in a field of specialty or to a charitable CauSe." · "A trinket or memento of insignificant value." What is insignificant value? Under a related law, a gift of a $2 pocket calendar ,,'as found to be a prohibited gift (E.P.B. Advisory Opinion #141). Thus, this exception, as with all of them, should be red very narrowly. · "Informational materials of unexceptional value." · "Food or beverage given at a reception, m~l, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program." This is the only exception to what seems to be the rule; all other gkfts of food and or beverage are prolfibit~l. Llnder a related law, vendor contributions to a meeting of local officlals for breakfasts, hospitality rooms, snacks or refreslm~ents were prohibited (E.P.B. Advisory Opinion #142). eGifts to a group of non-local officials of wlfich a local official happens to be a member, and gifts from a family member. There is a related law, Minnesota Statutes Section 10A.071, which applies to officials of metropolitan cities over $0,000' population and to legislators. It prohibits gifts from lobbyists. The exceptions are virmatly the same. The only real difference is that the law applying to all cities will be enforced by criminal prosecution whereas the law dealing with gifts from lobbyists will be enforced by the ~thlcal Practices Boa.rd. Th~ real enforcement of thcs, n,w laws wLll be th.rough public opinion, The media and political opponents of those in office will be watchlng to sec how carefully local officials follow the law. That is why we are advising caution. As a general rule no dected official, member of an advisory boa.rd, or public employe,, should accept any gift unless the city attorney is of the opinion that the gift is one of the m.m exceptions to the rule. The League wil~. continue to advise city officials of the developments as th.is new law is inter reted. POst-it' I-ax No{e 7671 D~PARTMENT; POLICY: ADMINISTRATION ACCEPTANCE OF ~IFTS DACKGROUND: The city of Roseville adopted a Code of Ethics for Public Officlals in 1990. The Code has provided a sound foundation for guiding elected and appointed officials. In 1994, the Minnesota Legislature approved an Ethics Law relating to gifts from lobbyis=s and other interested persons. These actions recognize the growing concern and interest on the part of the public regarding the behavior of those in public service, It is essential that City of Roseville employees adhere to the highest ethical principles in conducting the business of the City. POLICY CODE: It is the policy of the City that employees shall not accept any gift or token of any value from any person or organization in the course of his/her respon$ibilitles as a City employee, EFFECTIVE DATE: August 15, 1994 2t%(~0 (':IVI(; (:ENT}.:,t~. l)lt, l\'E · I~,()SI.;X'II,LI'; · ,~flNNI,:~¢)'I'A * 55 ! 13. $~ 612-490-22OO · TI)D o] 2.,t9f).320.~ Date :January 10, 1994 From : Chris Hagelie, City Administrator To : All Employees Although I was aware that the Charter addressed conflict of interest Issues for elected and employed public officials, i was not aware of the degree to which the Charter addresses these issues. I would like to take this opportunity to remind you of the Charter requirement regarding accepting favors or contracts. Section 14.3 of the Home Rule Charter is very broad, and therefore, very restrictive. It states as follows: "Sec. t4.30 City Officers Not to Accept Favors or Contract.~ No officer or employee of the City shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of any improvement or alteration or repair required by authority of the City, or any Contract to which the City shall be a party, except the lawful compensation or salary as such officer or employee, unless the Council has with full knowledge of the interest of an officer or employee in such a contract, accepted and approved the same by unanimous vote of ,~ll members of the Council. No officer or employee of the City except as otherwise provided in this amend..m, ent, or by law, shall solicit, accept, or re.c. eive, .d. lrectly or Indirectly from any public Utlhty corporation or the owner of any pubhc utility or franchise, any passt frank, free ticket, free service or an~ othe[ favor~ upon terms more .f~vo..rable ~ th__ose ............ ............. ~i-fff~}a l~h'~-pu-'lSIE~i~rill~, A vlbl~'Ef6iS' of ahy'i~'°V~sJi~h' 6{rt~h't~T~~''~-gii'i itrs~ilif~ ................. the offender fi'om continuing in the office or tn the employment of the City, ~nd the offender shall be removed therefrom. Any contract with the City in which any officer or employee becomes directly or indirectly interested except as herein provided, persona, lly or as a member of a firm, or as an officer or a director of a corporation shall be void; and any money which shall have been paid on such contract by the City may be recovered from any or all the persons interested therein by joint or several action." After reviewing Section 14.30 (especially the first sentence), I've come to the conclusion and so .recommend that all City personnel not accept any gift, meal, paid eh. trance, to any recreational, cultural or social event from any vendor, contractor or consultant. In some cases, such as lunches and gifts, the value is very small and one could argue Insignificant. Nevertheless, since the Charter does not differentiate between the amount of value, I suggest you pay your own way. Gifts can either be returned or donated to a charity. Inter-Office TO: CORRESPONDt' All City Employees .~. ~ax// FROM: Mark E. Bemhazdson, City Ma~ DATE: August 5, 1994 NCE SUBo'~CT: Gib. s and C. natuifies From time to time City employees are faced with situations concerning the accep~ce or non-acceptance of unsolicited gratuities. For example, people who are doing business with the Ci~ occasionally offer to buy breakfast or lunch. During the holiday season, some developers and others say "tb~k you" to City employees by delivering flowers, candy, or such to a department. On occasion while at a function or The Minnesota State Legislature recently passed an Ethics Law. The City Attorney's offce and the Personnel Department are reviewing the new E~_ics Law, and changes to the City's Personnel Rules will be forthcoming. The purpose of this memorandum is to provide each of you with some guidance concerning gi~ and gratuities. Until the Personnel Rules are revised and offeially adopted by the City Council, the administrative policy of the City is that an employee may not solicit any gift or gratuity from any other employee or member of the general public. In no instance may a gi~ or gratuity be solicited or even hinted. In no instance may any $i~ or gratuity be accepted by a City employee, even if the gift or gratuity was unsolicited. There are very limited exceptions to what is considered a gift or gratuity. The exceptions include: I) A plaque or similar memento recognizing an individual's services in a field of specialty or to a charitable cause. 2) A trinket or memento of insignificant value. What is insignificant value? Under an opinion of the Ethical Practices Board, a gift of a $2.00 pocket calendar was found to be a prohibited gift. 3) Informational materials of unexceptional value. 4) Food or beverage girth' ~,f'a f~ceptio~ m~l; or ~-eeTdE'~ ~')~ ~5-rr[~,~r normal plaice ~'work by an organization before whom you are appearing to make a speech, or ~wer que~ons as part ora program. All other gii~s of food or beverage are prohibited, Under an opinion of the Ethical Practices Board, vendor contributions to a meeting of local officials for breakfasts, hospitality rooms, snacks or refreshments are prohibited. 5) Usual or customary gift giving among employees during the holiday season; birthdays, retirements, weddings, baby showers; rolls, cookies, flowers, etc., provided by co-workers. 6) Gifts from a family member. Good judgment is advised. When you are faced with a situation concerning the acceptance of an item, you should seek approval from your supervisor prior to its acceptance and, if not resolved with your supervisor, proceed up the departmental ladder. It is important that each of us maintain high standards of public service and remain within the le~aer and spirit of ethical behavior. Thanks for your cooperation. MEB/KM:mg cc: Mayor, City Council CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 : (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges DATE: TO: FROM: RE: July 1, 1994 Patrick Hentges, City Manager Kathryn Pepin, License/Permit Clerk Cigarette Merchandise Distributions A number of questions have been raised regarding the operation by cigarette distributors setting up ~tands in parking lots of various businesses to distribute merchandise to the public. Sales of cigarettes are conducted inside the store or gas station and then the patron can go to the vehicle/stand in the parking lot and obtain merchandise by showing proof of cigarette purchase. Section 5.203(1) of the Transient Merchants Section of the License Ordinance pertaining to itinerant hawkers, peddlers, solicitors, canvassers and transient merchants requires a license to sell merchandise within the City. A transient merchant is described in Section 5.203(2)(b) as someone who operates out of a stationary place of business and does not possess a vested property right in said place for a period exceeding six months. Section 5.203(5) requires applicants for a transient merchants license to also have a license from the Anoka County Auditors office and proof of a filed bond as required by Minnesota Statutes Chapter 329. The Zoning Ordinance requires a Conditional Use Permit to allow any accessory structure (i.e. tents,' canopies, trailers, etc.) in any of the business districts. It is the contention of myself as License Clerk as well as Leonard Olson, Acting Police Chief, that if we do not require licensing of the cigarette distributors conducting such distributions, the City looses control over their operation. Licensing gives us the opportunity to determine where on a given property the activity will be conducted, whether required parking spaces will be eliminated to allow the operation, to assure traffic circulation patterns are not hindered, to know who the individuals are t. onducting the operation and their backround, etc. I also do not feel the intent of the Ordinance was to differentiate between selling or giving away product in determining if a license is or is not required. It is Staff's belief that, if someone has not made the required purchase inside the store to enable them to obtain merchandise free, that the operator of the outside business would not decline to make a cash transaction for an item. The Police Department and myself have been informing these cigarette distributors that licenses are required to conduct such operations. I am requesting direction and/or an interpretation of the current' license ordinance section as to whether I can require only sales of merchandise to have a license or if 'sales" as stated in the ordinance also encompasses "give-sways". Should the language be changed to state distribute rather than sell/sales? "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES TE: TO: FROM: RE: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 June 29, 1994 William Elrite Finance Director Kathryn Pepin Permit/License Clerk Licensing Requirements Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Pa~ck Hentges I am in receipt today of your memo regarding the distribution of merchandise outside the Top Valu Liquor Store, 4340 Central Avenue. Top Valu Liquor Store is required to .provide a minimum of seventy (70) parking spaces. The Marlboro van should be located in one of these allocated parking spaces. Your reference to Section 5.203(3)(g) of the License Ordinance leaves me at a loss as to what your are getting at. Top Valu does not currently hold a transient merchants license to conduct sales outside the store nor do the Marlboro people. In my opinion, this section would not apply to your proposed temporary activity. Just to re-iterate, if sales are conducted outside the store in the parking lot by Marlboro, a transient merchant license will be required. 'SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY tN EMPLOYMENT OR THE PROVISION OF SERVICES CITY OF COLUMBIA HEIGHTS DATE: JUNE29, 1994 TO: FROM: KATHY PEPIN BUILDING DEPARTMENT FINANCE DIRECTOR LICENSING REQUIREMENTS I have researched the City code on licensing as a follow-up to our conversation regarding distributing merchandise outside of Top Valu. As a result, I feel that such distribution is permitted. First, your concern that actual sales would take place outside of Top Valu: All sales will occur within Top Valu. Based on these sales, promotional items will be distributed from a Marlboro van parked in front of Top Valu. Furthermore, it should be noted that the Marlboro van is on loan to Top Valu Liquor and all activities related to its activity will be conducted through Top Valu as a part of its operation. Also, from my review of the City code it seems that Top Valu could make sales from this van. Although this is not the plan and will not be done, Chapter 5, Article 1, Section 3, 5.203(3)(f) states the following: "No person shall engage in or conduct business as an itinerant hawker or peddler; transient merchant selling merchandise, wares or goods; or a solicitor-canvasser; without a license issued pursuant to the provisions of this chapter. "A license shall not be required under this section for ... Persons licensed for the same business activity under any other section of this chapter." Thus, it appears that Top Valu could conduct sales outside of the Top Valu premises as a transient merchant. Based on the above information, the Marlboro van will be setting up in the parking lot in front of Top Valu as pan of Top Valu's promotion for merchandise that we are licensed to sell. If there are any other sections of the code that contradict this section I have referenced, please let me know as soon as possible. WE:dn 9406291 cc: Pat Hentges, City Manager