HomeMy WebLinkAboutJuly 12, 1999 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS - MONDAY, July 12, 1999 CITY COUNCIL CHAMBERS, CITY
HALL, 590 40TM AVENUE
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
1. CALL TO ORDER/ROLL CALL(CommeneementofCablecastingofRegMtg on Television.)
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
4, CQNSENT AGE~DA
1) Approval of Meeting Minutes
2) First Reading of Ordinance No. 1396 Prohibiting Going From Alley to Alley
3) School Liaison Officer Contract
4) First Reading of Ordinance No. 1395 - Amendments to the Housing Maintenance Code
5) Variance Request - 1165 50~ Avenue Northeast
6) R.FP for Telecommunications System
7) Establish Hearing Dates, License Revocation, Rental Properties
8) Approval of License Applications/Rental Housing License Applications
9) Payment of the Bills
5. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Introduction: of Newly-Hired Employee,-Dan O'Brien, Fir~efightez .......
6. PUBLIC HEARINGS
None
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
None
B. Bid Considerations
None
C. Other Business
None
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
B) Report of the City Attorney
9. GENERAL COUNCIL COMMUNICATIONS
A) Minutes of Board and Commission Meetings
1) Economic Development Authority Meeting of May 18, 1999
2) Park and Recreation Commission Meeting of Sune 23, 1999
I 0. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
11. ADJOURNMENT
WF/js
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-2800 TDD 782-2806
Mayor
Gary £. Peterson
Councilmembers
Donald G. Jolly
John Hunter
Marlaine Szurek
Julienne Wyckoff
ADMINISTRATION
Ci~y Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday July 12,1999 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or Ireatment or employment in, its services,
programs, or activities, uP0n request, ac~°mm°dati°n'will:b¢ Pr°~ded R) 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/?82-2806 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA :~.
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be
items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda
preparation deadline.)
4. cONsENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda
by one motion. Items removed from consent agenda approval will be taken up as next order of business.)
A. MOTION: Move to approve Consent Agenda items as follows:
1) Approval of Meeting Minutes
MOTION: Move to approve the minutes of the June 28, 1999 Council Meeting as presented.
2) First Reading of Ordinance No. 1396 Prohibiting Going From Alley to Alley
MOTION: Move to waive the reading of the ordinance there being ample copies available for the public.
MOTION: Move to schedule the second reading of ordinance No. 1396 for July 26, 1999 at
approximately 7:00 p.m.
3) School Liaison Officer Contract
MOTION: Move to authorize the Mayor and City Manager to approve the joint powers agreement with
School District #13 for the provision of a police school, liaison officer as stipulated in the joint powers
agreement for the period of September 7, 1999 through June 8, 2000.
Page 1
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
4) First Reading of Ordinance No. 1395 - Amendments to the Housing Maintenance Code
MOTION: Move to waive the reading of the ordinance there being ample copies available for the public.
MOTION: Move to schedule the second reading of Ordinance No. 1395 for July 26, 1999 at
approximately 7:00 p.m.
5) Variance Request - 1165 50t~ Avenue Northeast
MOTION: Move to approve the variance of two feet at 1165 50t~ Avenue. Northeast because the
topography on the property creates a hardship.
6) RFP for Telecommunications System
MOTION: Move to authorize the City's telecommunications consultants, Elert & Associates, to publish
and distribute the RFP for a new telecommunications system and receive and compile responses to RFP.
7) Estabtis~ Hearirlg Dat,~, License Revocations, R~ntal Properties
MOTION: Move to establish a hearing date of July 26, 1999 for revocation or suspension of a license to
operate a rental property within the City of Columbia Heights against Greg Heinen at 1020 44~ Avenue
Northeast, against Joe Ba~.zett at 45144516 Fillmore Street Northeast and against Kunal Kamran at 2215
45th Avenue Northeast.
8) Approval of License Applications and Rental Housing License Applications
MOTION: Move to approve the license applications as listed.
MOTION: Move to approve the rental housing license applications as 'listed in the memo from the
Assistant Fire Chief dated July 7, 1999.
9) Approval of Payment of Bills
MOTION: Move to approve the payment of the bills as listed out of proper funds.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
a) Introduction of a Newly-Hired Employee
Dan O'Brien, Firefighter, assumed his duties on July 6, 1999.
6. PUBLIC HEARINGS
None
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
None
Page 2
B. Bid Considerations
None
C. Other Business
None
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of B0ards and Commissions
1) Economic Development Authority Meeting of May 18, 1999
2) Park and Recreation Commission Meeting of June 23, 1999
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTER~ NOT ON AGENDA
(At this time, citizens have an oppommity to discuss with the Council items not on the regular agenda. The citizen
is requested to limit their comments to five minutes. Please note, the publio~may address the Council regarding
specific agenda items at the time the item is being discussed.)
11. ADJOURNMENT
MOTION: Move to adjourn the Regular Council Meeting.
Walter Feb_st, City Manager
WF/js
Page 3
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 28, 1999
1. CALL TO ORDER/ROLL CALL
The meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson
and Councilmembers Szurek, Jolly, Wyckoff and Hunter.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the
agenda. These may be items brought to the attention of the Council under the Citizens Forum or
items submitted after the agenda preparation deadline.)
There were no additions nor deletions.
4. CONSENT AGENDA
(These items are considered to be rourine by the City Council '~d'Wlll be enacted as part of the
Consent Agenda by one motion. Items removed from consent approval will be taken up as next
order of business.)
A. Motion by Wyckoff, second by Szurek to approve the consent agenda items as follows:
1) Approval of Meeting Minutes
The Council approved the minutes of thc June 14, 1999 Council Meeting as presented.
2) Resolution No. 99-67 Being a Resolution Ordering and Levying an Imt>rovement
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION.NO. 99-67
Adopting assessment roll for the following local improvement and determimn' g said
improvement will be made and ratifying and confirming all other proceedings, heretofore had:
Special Assessment for mid-block light, to be placed on a new pole located on the north side of
the property at 4438 Central Avenue N.E., numbered 677-Area 34 - Project g9913.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on
the 28th day of June 1999, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia
Heights Minnesota, being the time and place when and where all persons interested could appear
and be heard by the Council with respect to benefits, and to the proportion of the cost of making
the local improvement above described, a notice mailed to each property owner of record,
stating the proposed amount of the assessment; and,
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 2
WHEREAS, this Council has heretofore estimated the cost of such local improvement and has
prepared an assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1.
That this Council does hereby adopt the aforesaid assessment roll known and
described as "Assessment Roll for Local Improvements" numbered 677-Area 34 -
Project 9913 for mid-block lighting.
Section 2.
That this Council hereby finds and determines that each of the lots and parcels of
land enumerated in said assessment roll was and is especially benefitted by such
improvements. This Council further finds and determines that the proper
proportion of the cost of such improvement to be especially assessed against the
parcel of land at 4438 Central Avenue N.E. is the amount as billed annually by
Northern States Power.
Section 3.
That the annual installment shall be paid in full without interest on or before
September 15, 2000 (covering electric from date of placement through 2000), and
in annual installments thereafter, as long as the mid-block light is in place.
Failure to pay the annual installment renders the same delinquent and thereafter a
10% penalty is added and the said delinquent special assessment is certified to the
County for collection with the real estate tax.
Section 4.
Section 5.
That this Council did hereby determine and redetermine to proceed with said
improvement, does ratify and confn'm all other proceedings heretofore had in
regard to this improvement, and said improvement shall hereafter be known and
numbered 677-Area 34 for mid-block lighting.
This resolution shall take effect immediately upon its passage.
Passed this 28th day of June, 1999.
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes
Gary L. Peterson, Mayor
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
PAGE 3
3) Execute Necessary Documents - Delta Dental
The Council authorized-the Mayor and City Manager to execute the necessary documents with
Delta Dental to offer dental insurance to eligible employees and their dependents.
4) Request Authorization to Award Bid for Carpeting for Murzvn Hall Porch Area and
Recreation Office
The Council awarded the low, qualified, responsible bid to Barbara-Leonard, Inc. in the amount
of $7,006.30 to purchase and install new carpet for the main hall and Recreation Office of
Murzyn Hall with funding from Fund 101-45129-5120.
5) Resolution No. 99-66 Being a Resolution Requestin~ an Extension of the Due Date Regardine
the Columbia Heights Comprehensive Plan
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-66
BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL REQUESTING
EXTENSION OF THE DUE DATE OF DECEMBER 31, 1999, FOR REVIEW OF THE CITY
OF COLUMBIA HEIGHTS COMPREHENSIVE PLAN FOR CONSISTENCY WITH
AMENDED METROPOLITAN COUNCIL POLICY PLANS
WHEREAS, State Statutes (Minn. Stat. 473.175-473.871 (1996) requires that cities review and
revise their comprehensive plans for consistency with Metropolitan Council policy plans; and
WHEREAS, the Metropolitan Council has amended its policy plans and has provided system
statements outlining Council policy relative to the City; and
WHEREAS, the City of Columbia Heights is required to review its comprehensive plan for
consistency with the amended policy plans and to prepare a revised comprehensive plan for
submission to the Metropolitan Council by December 31, 1998; and
WHEREAS, the City adopted Resolution 98-101 on November 9, 1998, requesting that the
Metropolitan Council grant an extension to June 30, 1999, to complete its comprehensive plan;
circulate the revised document to the adjacent governmental units and affected school districts
for review and comment; and, following approval by the Planning and Zoning Commission and
after consideration by the City Council, submit the plan to the Metropolitan Council review.
WHEREAS, the City of Columbia Heights has scheduled and budgeted to complete a major
review and update of its comprehensive plan by December 31, 1998; and has proceeded
diligently to complete its comprehensive plan
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 4
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council requests that
the Metropolitan Council grant the City of Columbia Heights an extension to December 31,
1999, to complete its comprehensive plan; circulate the revised document to the adjacent
governmental units and affected school districts for review and comment; and, following
approval by the Planning and Zoning Commission and after consideration by the City Council,
submit the plan to the Metropolitan Council for review.
Passed this 28th day of June, 1999.
Offered by: Wyckoff
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
6) Resolution No. 99-68 - Award of 1999 Alley and Parking Lot Crack Sealing Project
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-68
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CRACK SEALING
PROJECT, #1999-01 (B) TO BERMAN PROPERTIES, INC.
WHEREAS, pursuant to an advertisement for bids for 1999 Seal Coating Project #1999-01(B)
bids were received, opened and tabulated according to law. The following bids were received
complying with the adVertisements:
Bidder Base Bid
Bergman Companies $ 9,690.00
Astech $11,424.00
Daffinson $11,628.00
Allied Blacktop $12,240.00
Bargen, Inc. $13,770.00
WHEREAS, it appears that Bergman Companies, 6615 U.S. Hwy. 12 West, P. O. Box 659, Eau
Claire, Wisconsin 54702-0659 is the lowest responsible bidder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 5
The Mayor and Clerk are hereby authorized and directed to enter into a contract with
Bergman Companies Inc. in the name of the City of Columbia Heights for 1999 Crack
Sealing Project #1999-01('B), according to plans and specifications therefore approved by
the Council.
The City Engineer is hereby authorized and directed to return, forthwith, to all bidders,
the deposits made with their bids except the deposit of the successful bidder and the next
lower bidder shall be retained until the contract has been signed.
3. City Project #1999-01(B) shall be funded with approximately 100% City funds.
Dated this 28* day of June, 1999.
Offered by: Wyckoff
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
7) Authorize Engineering R~ort and Preliminary Plans for Central Avenue from 37* to 43~
Avenues
The Council authorized the preparation of an Engineering Report and Preliminary Plans for
Central Avenue from 37* to 43~ Avenues based upon the work proposal of BRW and authorize
the Mayor and City Manager to enter into a contract for the same.
8) Final Payment for 1999 Street and Parking Lane Striping
The Council accepted the work :for the 1999 street and parking lane striping and authorized final
payment of $10,976.75 to Precision Pavement Marking, Inc. of Rogers, Minnesota.
9) Approve a Joint Powers Agreement with Metro Transit
The Council authorized a Joint Powers Agreement with Metropolitan Council (Metro Transit) for
the installation, replacement and maintenance of Metro Transit stop signage.
10) Authorize Change Order No. 2 for Sullivan Lake Park Sanitary_ Sewer Improvements
The Council authorized Change Order No. 2 for culvert replacement and subgrade correction to
Penn Contracting of Blaine, Minnesota, in the amount of $6,794.00 with $6,134 reimbursed from
the State of Minnesota MIF Grant and $660 from Sewer Construction Fund 652-49721-5120.
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 6
11) Payment of the Bills
The Council authorized payment of the bills as listed out of proper funds.
12) Lotte~_ Ticket Sales at Liquor Store #2 and #3
The Council authorized the Mayor and City Manager to enter into an Agreement with the
Minnesota State Lottery for on-line lottery ticket sales at Liquor Stores #2 and #3.
13) Establish Council Work Session
The Council established Monday, July 19, 1999 at 7:00 p.m. as the date and time for a Council
work session.
5., PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND I~UESTS
A. Recognitions
Charlie Kewatt, the retiring Fire Chief, was recognized for his thirty-two years of service in the
Fire Department.
B. Introduction of New Employee
Steve Olson, the newly-hired Assistant Liquor Operations Manager, was introduced.
C. Presentations
1) Director of Mediation Services
Ann Wallerstadt, the Director of Mediation Services, gave a brief overview of what the agency
does. She thanked the Council for the past support the agency has received from Columbia
Heights.
2) Representative Chaudhary
Representative Chaudhary gave a legislative update from the last legislative session.
3) Lincoln Funeral Car
Brace Nawrocki, representing the Anoka County Historical Society and VFW Post #230, advised
the Council of an exposition of artifacts of the Lincoln Funeral Car. This event is scheduled for
Monday, July 260' at the Columbia Heights Public Library.
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 7
6. PUBLIC HEARINGS
A. Second Reading4q?ublic Hearing of Ordinance No. 1394 Being an Ordinance to Sell 545 and
549 38t~ Avenue Northeast
The purchaser of these two properties, Michael C. Wilder, is a single family home developer. He
was advised these properties are being s°ld with the stipulation that hOmes valued at a minimum
of $100,000 must be built on them.
Motion by Hunters, second by Szurek to waive the reading of the ordinance there being ample
copies available for the public. Roll call: All ayes
ORDINANCE NO. 1394
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 545 38TM AVENUE
NE AND 549 38TM AVENUE NE
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights may convey unto Michael C. Wilder the real
property at 545 38th Avenue NE described as follows, to wit:
Lot 19 and the West Half of Lot 18, Block 83, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota, and the South Half of the vacated alley
lying North and adjacent thereto.
Section 2:
The City of Columbia Heights may convey unto Michael C. Wilder the real
property at 549 38t~ Avenue NE described as follows, to wit:
Lot 17 and the East Half of LOt 18, Block 83, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota, and the South Half of the vacated alley
lying North and adjacent thereto.
Section 3:
The Mayor and City Manager are herewith authorized to execute deed to
effectuate the conveyance of said real estate subject to the terms, purchase price,
and conditions specified in the sale and development agreement.
Section 4:
This Ordinance shall be in full force and effect from and after thirty (30) days
after its passage.
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 8
First Reading:
Second Reading:
Date of Passage:
June 14,1999
June 28, 1999
June 28, 1999
Offered by: Hunter
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
None
B. Bid Considerations
None
C. Other Business
1) Resident Letter Regardina Condition of Street
A letter was written by a resident who owns property on 43'a Avenue which addressed his
concern with the condition of the street. The property owner felt his concerns had not been
adequately responded to by staff and he contacted a member of the Council.
Staff advised that a private consultant's opinion was sought on this matter. The finding of the
consultant confirmed staff's findings; those being, there is nothing wrong with the street and the
pitting on its surface is not detrimental to the integrity of the street. The consultant suggested that
the sealcoating planned for this street be moved up three years so it will be done five years after
this latest work.
The City Manager stated that the roadway has also been viewed by the Anoka County
Commissioner who represents this property owner. He also saw no irregularities in it. The Public
Works Director recommended that interested parties schedule a meeting to discuss the matter.
Couneilmembers Wyckoff and Hunter indicated an interest in attending the meeting which
should include the property owner and would include the Public Works Director.
'REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 9
8. ADMINISTRATIVE REPORTS
A. Report of the City_ Manager
The Mayor noted that the Values First banner has been hung in the Council Chambers.
B. Report of the Ci_ty Attorney
The City Attorney had nothing to report at this time.
10. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
Minutes of the June 1, 1999 Planning and Zoning Commission meeting and the June 1, 1999
Library Board of Trustees Meeting were included in the agenda packet. No Council action was
n~essary.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
A. Jamboree Activities
Mayor Peterson thanked all of the City staff who worked so dihgently to make the Jamboree the
success it was. He recognized by name the newly-selected royalty and noted the retirement of Pat
Olynyk as the Queen Activities Coordinator. She held this position for forty years. Mayor
Peterson noted that the Jamboree royalty has been invited to attend a future Council meeting.
B. Time Extension of Parking Prohibition
The resident at 3741 Reservoir Boulevard requested an extension to the date on the parking sign
in front of her home. It addresses no parking in front of her day care facility by any one other
than those using her services. This sign was necessitated with the nearby construction. She noted
that the construction is taking longer than was anticipated.
Motion by Wyckoff, second by Szm'ek to extend the parking pwhibition at 3741 Reservoir
Boulevard by adding a sign which states there is to be no parking by anyone other than those
using the day care facility until the completion of the nearby construction and any landscaping
associated with the construction. Roll call: All ayes
REGULAR COUNCIL MEETING
JUNE 28, 1999
PAGE 10
C. Recreation Department/CHASE Summer Pro,ams
Matt Linngren, a Recreation Department staff member, gave an update on the summer recreation
programs, programs in the city parks and the puppet wagon schedule. He also advised that the
1999/2001 CHASE program grant application is being drafted.
D. Use of Chemicals on Public Property_
A resident of Columbia Heights stated her concern with the use of chemicals for weed control
and fertilizers on public properties in the City. She felt there was an associated danger and
suggested the practice cease.
Mayor Peterson responded he has been assured by staff that no dangerous chemicals are being
used on City property. The Public Works Director advised that the practice has been scaled back
considerably. The resident was directed to contact the Park and Recreation Commission in
writing with her concerns. Councilmember Jolly suggested that therebe a "test" park where no
chemicals are used and that the results be monitored..
11. ADJOURNMENT
Motion by Szm'ek, second by Jolly to adjourn the meeting at 9:15 p.m. Roll call: All ayes
Respectfully submitted,
Jo-Anne Student, Council Secretary
AGENDA SECTION: Consent
NO. ~4
ITEM: Ordinance No. 1396 Amending Ordinance
NO. 853, Prohibitin$ Goinl~ From Alley to Alley
BACKGROUND
CITY COUNCIL LETTER
ORIGINATING DEPARTMENT
BY:
DATE:
POLICE _,
Thomas M. Johnso~
June 28, 1999 Il -
Meetint~ ofJul~, 12~ 1999
CITY MANAGER
APPROVAI~ . ,
DATE: ,/~o-/t:~r,~
//'
The Columbia Heights Police Department and the Columbia Heights City Council looked at and discussed a current Minneapolis
ordinance that prohibits going from alley to alley with no specific purpose or need. We discussed the primary ptupose of our alleys,
which is to provide limited access to abutting residential and commercial property. We have also discussed the numerous complaints
we have received about speeding in our alleys and the numerous thefts from autos that have taken place over the years.
ANALYSIS/CONCLUSION
Currently the ordinance reads as follows:
7.204(C) No person ,qhall drive a vehicle on any public alley, or private roadway at a speed greater than is reasonable and prudent
under the circum,qtances and conditions, and in no event at a speed greater than ten miles per hour in an alley, or 15 miles
per hour on a private roadway.
Revised, it would read as follows:
7.204(C)
No person .qhall drive a vehicle on any public alley or private roadway at a speed greater than is reasonable and prudent
under the circnrn.qtances and conditions, and in no event at a speed greater than ten miles per hour in an alley, or 15 miles
per hour on a private roadway.
No person may operate a motor vehicle on a public alley unless directed to do so by a peace officer, authorized
community service officer, reserve police officer, or authorized traffic control device, except abuttin~ t~rot~ertv owners.
tenants, their guests or invitees, operating a motor vehicle in an otherwise lawful manner. This section shall not be
interpreted to preclude use of alleys by the following:
(1) Persons performing authorized activities on behaff of any law enforcement agency.
In light of the above Council work session discussion and in order to give the Police Department another tool to use to
combat speeding, theft, and burglary in our city, the Police Department was directed to write the attached ordinance
prohibiting going from alley to alley in our community.
RECOMMENDED MOTION:
Move to waive the first reading of Ordinance 1396, there being ample copies available to the public.
Move to schedule the second reading of ordinance 1396, being an ordinance amending Ordinance 853 of the City Code of 1977, to
prohibit traveling from alley to alley in the city of Columbia Heights for July 26, 1999, at approximately 7:00 p.m.
TMJ:mld
99-230
COUNCIL ACTION:
ORDINANCE NO. 1396
BEING AN ORDINANCE AMENDING ORDINANCE 853, CHAPTER 7, ARTICLE 11,
SECTION 7.204, (C) OF THE COLUMBIA HEIGHTS CITY CODE OF 1977 PROHIBITING
MOVING OPERATIONS.
Currently the ordinance reads as follows:
7.204(C)
No person shall drive a vehicle on any public alley, or private roadway at a speed greater
than is reasonable and prudent under the circumstances and conditions and in no event at
a speed greater than ten miles per hour in an alley, or 15 miles per hour on a private
roadway.
Revised it would read as follows:
7.204(C)
No person shall drive a vehicle on any public alley or private roadway at a speed greater
than is reasonable and prudent under the circumstances and conditions, and in no event at
a speed greater than ten miles per hour in an alley, or 15 miles per hour on a private
roadway.
No person may operate a motor vehicle on a public alley unless directed to do so by a
peace officer, authorized communi _ty service officer, reserve police officer, or authorized
traffic control device, except abutting property owners, tenantS, their guests or invitees,
operating a motor vehicle in an otherwise lawful manner. This section shall not be
interpreted to preclude use of alleys by the following:
(1) Persons performing authorized activities on behalf of any law enforcement agency.
This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Jo-Anne Student, Council Secretary
First Reading:
Second Reading:
Date of Passage:
CITY COUNCIL LETTER
Meeting of July 12, 1999
AGENDA)SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. '~ POLICE ~ APPROVAL:~ ~
ITEM: School Liaison Officer Contract BY: Thomas M. Johnso~ BY: ~/~
NO. q-/~ ..' ~ DATE: June 29, 1999 ~'~ DATE: ?/7/~
BACKGROUND
In 1992, the City of Columbia Heights and School District #13 entered into a joint powers agreement to fund
a school liaison services program. This contract has been renewed each year since then. The program
continues to provide benefits to the School District and the Police Department and is an important part of our
juvenile program. The School District shares expenses equally with the Police Department during the school
year. Total cost for the school year 1999-2000 is $75,583.02, with the school district's share at $28,343.63.
ANALYSIS/CONCLUSION
Officer Mike McGee has held this position since the inception of the program. Officer McGee has established
excellent rapport with the students and staffat the Middle School and the High School. In addition, his contacts
at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role
model to students and is a valuable resource to the school and the community. His continued interaction is an
important link between law enforcement and the educational system.
RECOMMENDED ACTION
Authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the
provision of a police school liaison officer as stipulated in the joint powers agreement for the period of
September 7, 1999, through June 8, 2000.
mid
99-303
COUNCIL ACTION:
JOINT POWERS AGREEMENT
Section 7
This Joint Powers Agreement dated this 1 st day of July 1, 1999, is made pursuant to
M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPEND-
ENT SCHOOL DISTRICT #13 (School District).
PURPOSE. The purpose of this agreement is to create, fund, and implement the
position of Police School Liaison Officer.
DUTIES AND RESPONSIBILITIES. The job description for the School Liaison
Officer is attached.
SELECTION PROCESS. From applications of qualified applicants for the position
of School Liaison Officer, one or more candidates will be selected by a selection board
made up of School District #13 personnel and appointed Police Department personnel.
Oral interviews are to be administered by the same selection board. The final
appointment of the School Liaison Officer is at the discretion of the Chief of Police.
The School Liaison Officer may be removed from the position at the discretion of the
Chief of Police.
FUNDING. The School District and City will share the following expenses equally
during the school year, except in no event may the School District's share of the
expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package:
A. Officer's Salary
B. Position Grade Enhancement
C. Holiday Pay
D. F.I.C.A.
E. Workers Compensation
F. P.E.R.A.
G. Hospitalization
H. Training
I. Vehicle-related Costs
Cost breakdown for 1999-2000 school year is attached.
BILLING. The City shall submit a bill to the School District which will be paid
within thirty days of receipt.
Page 2 Joint Powers Agreement
10.
TERM. This agreement shall commence on September 7, 1999, and shall end on _
June 8, 2000.
11.
GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and
shall not be considered an employee of the School District for any purpose, including
but not limited to salaries, wages, other compensation or fringe benefits, Workers
Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability
insurance, keeping of personnel records, termination of employment, individual
contracts or other contractual fights. The officer will report to and be directed by the
Investigative Supervisor, but will consult regularly with the School District officials.
The officer will have office space and phone at the School District's high school
without cost to the City.
INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee.
The City shall indemnify, hold harmless, and defend the School District, its elected
officials and employees against any and all liability, loss, costs, damages, expenses,
claims or actions which the School District, its officers and employees may hereafter
sustain, incur or be required to pay, arising out of or by mason of any negligent or
willful act or omission of the City, its agents or employees, in the execution,
performance, or failure to adequately perform the City's obligations pursuant to this
agreement.
INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall
indemnify, hold harmless, and defend the City, its officers and employees against any
and all liability, loss, costs, damages, expenses, claims or action which the city, its
officers and employees may hereafter sustain, incur or be required to pay, arising out
of or by reason of any negligent or willful act or omission of the School District, its
agents or employees, in the execution, performance or failure to adequately perform
the School District's obligations pursuant to this agreement.
TERMINATION OF AGREEMENT. Ninety day written notice by either School
District or City is required to terminate the program. The Liaison Officer can be
removed at any time following the written notification of termination of the program.
TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer
is at the discretion of the Chief of Police not to exceed thirty consecutive days,
contract to be renegotiated after thirty days.
Page 3
Joint Powers Agreement
12. Resolution of unforeseen problems arising in this program shall be negotiated by
representatives appointed by the School District and the Chief of Police.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE
DAY AND YEAR FIRST WRITTEN ABOVE.
CITY OF COLUMBIA HEIGHTS
SCHOOL DISTRICT #13
Gary Peterson
Mayor
David Behlow
Superintendent of Schools
Janet Ostazeski
School Board Chair.
COST FACTOR BREAKDOWN
SCHOOL LIAISON OFFICER PROGRAM
1999-2000 School Year
Base Wage:
Patrol Top Wage
Police/School Liaison Officer premium
Longevity (16 years)
Holiday pay
Deferred comp.
Overtime allocation
TOTAL BASE WAGE
$4,043.00/month
110.00/month
234.99/month
Section 8
$48,516.00/year
990.00/9 mos.
2,819.00/year
2,239.68/year
300.00/year
2,099.70/year
$56,964.38/year
Compensation and Fringe:
F.I.C.A. (1.45%)
Workers Compensation (7.48 each $100 wage)
P.E.R.A. (12% gross wage)
Hospitalization ( $4 5 5 . 00/month )
TOTAL FRINGE BENEFIT COSTS
825.98/year
4,260.93/year
6,835.73/year
5,460.00/year
$17,382.64/year
Miscellaneous Costs:
Training Allowance
Vehicle Related Expenses
TOTAL MISCELLANEOUS COSTS
721.00/year
515.00/year
1,236.00/year
TOTAL YEARLY COSTS
To compute monthly total:
$75,583.02 divided by 12 months = $6,298.59
To compute school year total:
$6,298.59 x 9 months (school yr.)= $56,687.27
To compute School District #13 cost:
1/2 of 9/12 funding formula =
$28,343.63
TOTAL COST TO SCHOOL DISTRICT #13
$75,583.02/¥ear
$28,343.63
mld
CITY COUNCIL LETTER
Meeting of July 12, 1999
AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER
Fire APPROVAL
NO:
ITEM: First Reading - Ordinance #1395 BY: Dana Alexon BY:
NO: "~ -
Background
The City Council was approached by staff earlier this year at a work session with several recommended changes to Chapter SA,
the "Housing Maintenance Code." The changes proposed would accomplish six specific objectives:
2.
3.
4.
5.
6.
Allow the city to bill the owner of the property for costs associated with license revocations and posting of property.
Allow inspections to be conducted bi-annually rather than annoally.
Grant an exception to the licensing requirements for owner-occupied rental property in which every other unit is
occupied by relatives.
Require driveways and parking areas to be plowed in the winter. (Our intent is to enforce this on a complaint-basis
only).
Add certain provisions of the Minnesota Uniform Fire Code to allow them to be enforced on one- and two-family rental
dwellings.
Clean up various inconsistencies in code language.
In addition to the above changes, the Federal court judge in Rozman v. City of Columbia Heights and drmstrong v. City of
Columbia Heights recommended a change to the language of the ordinance to clear up interpretation questions w]iT61i~Would
challenge the constitutionality of the code. Changes have been made to §5A.603 in response to this recommendation.
Analysis
Attached are the recommended language changes to Chapter SA. Included with the revised code language are additional changes
to the length of time generally permitted for violations to be corrected. This change would reduce the mount of time for
correcting violations from the current 6 month maximum to a maximum of 4 months, with exceptions being allowed for seasonal
items which cannot be accomplished due to weather.
RECOMMENDED MOTION: Move to waive the reading of Ordinance # 1395, there being ample copies available for the public.
RECOMMENDED MOTION: Move to schedule the second reading of Orclinance #1395 for July 26, 1999 at approximately 7:00
p.m.
COUNCIL ACTION:
ORDINANCE NO. 1395
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AS AMENDED PERTAINING TO THE
RESIDENTIAL MAINTENANCE CODE AND LICENSING RENTAL UNITS
The City of Columbia Heights does ordain:
SECTION 1:
Chapter 5A of Ordinance No. 853, City Code of 1977, as amended, which reads as
follows, to wit:
Chapter 5A
Article I
HOUSING MAINTENANCE CODE
General Provisions
Section 1:
5A. 101(1)
(a)
(b)
(c)
(d)
(e)
(f)
5A.101(2)
Statement of Purpose
The purpose of the Housing Maintenance Code (hereinafter referred to in
Chapter 5A as "Code") is to protect the public health, safety and general
welfare of the people of this City. These objectives include, among others,
the following;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health;
To provide minimum standards for heating, for sanitary equipment and for
light and ventilation necessary to protect the health and safety of
occupants of building;
To prevent the overcrowding of dwellings;
To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent substandard housing and blight;
To preserve the value of land and buildings throughout the city.
With respect to disputes between landlords and tenants, and except as
otherwise specifically provided by terms of this Ordinance, the City Council
will not intrude upon the accepted contractual relationships between
landlords and tenants. The City Council will not intervene as an advocate
of either party, nor will it act as an arbiter, nor will it be receptive to
complaints from landlords or tenants which are not specifically and clearly
relevant to the provisions of this Code. In the absence of such relevancy
with regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as are available to them without the
intervention of City government. In enacting this Code, the Council does
not intend to interfere or permit interference with legal rights to personal
pdvacy.
Section 2: Applicability
5A. 102(1)
This Code establishes minimum standards for maintaining dwellings,
accessory structures and premises. This Code is intended to provide
standards for housing. Applicable requirements shall apply to all
apartment units, homes, accessory structures, rooming houses, lodging
and/or boarding houses and house trailers used or intended for use for
human habitation.
Section 3: Definitions
5A.103(1)
The following definitions shall apply in the interpretation and enforcement
of this Code, to wit;
(a)
Accessory Structure. A structure subordinate to the main or principal
dwelling or dwellings which is not authorized to be used for living or
sleeping by human occupants and which is located on or partially on the
premises.
(b)
Apartment Unit. Apartment, apartment unit, or dwelling unit means a room
or group of rooms located within a building which form a single habitable
unit with facilities which are used or are intended to be used for living,
sleeping, cooking or eating.
(c)
Approved. An indication that an item meets construction, installation, and
maintenance standards of the State of Minnesota and of this Code.
(d)
Basement. Any floor level below the first story in a building, except that
floor level in a building having only one floor level shall be classified as a
basement unless such floor level qualifies as a first story as defined
herein.
(e)
Building. Any structure having a roof which may provide shelter or
enclosure for persons, animals, or chattels, and, when said structure is
divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
(f)
Building official. Agent designated by the City Manager to enforce
provisions of the Housing Maintenance Code.
(g)
Clean. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
(h)
Dwelling. A structure or portion thereof designed exclusively for residential
occupancy, including boarding and lodging houses, but not including
hotels and motels.
(i)
Dwelling Unit. Dwelling unit has the same meaning as apartment unit
(within this Code).
(J)
Exit. A continuous and unobstructed means of egress to a public way and
shall include intervening doors, doorways, corridors, ramps, stairways,
smoke-proof enclosures, horizontal exits, exit passageways, exit courts
and yards.
(k)
Family. An individual, or two or more persons each related by blood,
marriage, adoption, or foster children, living together as a single
housekeeping unit; or a group of not more than four persons not so
related, maintaining a common household and using common cooking and
kitchen facilities.
Functioning. In such physical condition as to safely perform the service or
services for which an item is designed or intended.
(m) Garbage. Garbage is defined in 5.605(2)(a).
(n)
Habitable. A dwelling unit or part thereof that meets minimum standards
for use as a home or place of abode by one or more persons.
(o)
Hot Water. Water heated to a temperature of not less than 110 degrees
Fahrenheit, measured at faucet outlet.
(P)
Housing Code. Section 5A of this Code together with the Uniform Housing
Code, 1985 Edition, International Conference of Building Officials.
(q)
Infestation. The presence within or around a dwelling or dwelling unit of
any insect, rodent, vermin or other pest.
(r)
Kitchen. A habitable room within a dwelling unit intended to be used for
the cooking of food or preparation of meals.
(s)
Occupant. Any person (including owner or operator) living, sleeping,
cooking or eating within a dwelling unit.
(t)
Owner. Any person, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of, or have charge, care control
of any dwelling, dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or guardian of the estate or
person of the title holder. Also, any person, firm or corporation who has
the dght to determine who occupies a rental structure (even though that
dght may be subject to a lease or rental agreement), or a person, firm,
corporation who shall have the power to rent or let premises to another for
purposes of this Code.
(u)
Person. Any individual, firm, partnership, association, corporation,
company or a joint venture or organization of any kind.
(v)
Premises. A platted lot or part thereof or unplatted parcel of land, and
adjacent dght-of -way either occupied or unoccupied by any dwelling or
structure.
(w)
Public Hall. A hall, corridor or a passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one
family.
(x)
Rental Dwelling. Any dwelling for hire with one or more living units_.
Rental dwellings for purposes of this Code do not include hotels, motels,
hospitals or homes for the aged.
(Y)
Repair. Repair shall mean to restore to a sound, acceptable state of
operation, serviceability or appearance. Repairs shall be expected to last
as long as with the replacement by new items.
(z)
Rodent Harborage. A place where rodents commonly live, nest, or
establish their habitat.
(aa)
Replace or Replacement. To remove an existing or portion of a system
and to construct or install a new item or a quality similar to that of the
existing item when it was new. Replacement ordinarily takes place when
repair of the item is impractical.
(bb)
Rooming Houses. Any group of rooms which form single habitable units
used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
(cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code.
(dd)
(ee)
(ff)
(gg)
(hh)
5A. 103(2)
Article II
Section 1:
5A.201(1)
(a)
(b)
Safe. The condition of being free from danger and hazards which may
cause accidents or disease.
Story, First. The lowest story in a building which qualifies as a story, as
defined herein, except that a floor level in a building having only one floor
level shall be classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more than fifty
percent of the total perimeter, or more than eight feet below grade, as
defined herein, at any point.
Unsafe. As applied to a structure, a condition or a combination of
conditions which are dangerous or hazardous to persons or property.
Unsanitary. Conditions which are dangerous or hazardous to the health of
persons.
Water Closet. A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewage system or other approved water
supply and sewer system.
Whenever the words "dwelling," "dwelling unit," "premises," or "structures"
are used in this Chapter, they shall be construed as though they were
followed by the words "or any part thereof."
Minimum Standards
Basic Equipment and Facilities
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
Kitchen Sink. Each dwelling unit must contain a kitchen sink in good
working condition and properly connected to an approved water supply
system and which provides at all times an adequate amount of heated and
unheated running water under pressure and which is properly connected
to the city sewage system.
Kitchen Storage. Each dwelling unit must contain a counter or table for
food preparation and must contain cabinets and/or shelves for storage or
eating, drinking and cooking equipment and utensils and of food that does
not require refrigeration for safekeeping. All cabinets, shelves, counter
tops, and tables shall be of sound construction covered with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect
to food.
(c)
Food Storage and Preparation. Each dwelling unit must contain an
operational and functioning stove for cooking food and a refrigerator for
the safe storage of food which are properly installed with all necessary
connections for safe, sanitary and efficient operation. Such stove or
refrigerator need not be installed when a dwelling unit is not occupied and
when the occupant is required to provide a stove or refrigerator on
occupancy. If the occupant is required to furnish a stove or refrigerator,
sufficient space and adequate functioning connections for the installation
and operation of the stove and refrigerator must exist.
(d)
Toilet Facilities. Every dwelling unit shall contain a nonhabitable room
which is equipped with a flush water closet in compliance with {}6.201(1).
Such room shall have an entrance door which affords pdvacy. Said flush
water closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides an
adequate amount of running water under pressure to cause the water
closet to be properly functioning, and shall be connected to the City sewer
system.
(e)
Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet, or, if
located in another room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in which said water
closet is located. The lavatory sink shall be in good working and
functioning condition, shall be properly connected to an approved water
system, shall provide at all times an adequate amount of heated and
unheated running water under pressure, and shall be connected to the
City sewer system.
(f)
Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room
which is equipped with a bathtub or shower in good working condition.
Such room shall have an entrance door which affords pdvacy. A bathtub or
shower shall be properly connected to an approved water supply system,
shall provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer system.
(g)
Stairways, Porches and Balconies. Every stairway or flight of stairs,
whether inside or outside of a dwelling, and every porch or balcony shall
be kept in safe condition, sound repair, and free of deterioration. Every
stairwell and every flight of stairs which is four risers or more high shall
have handrails which conform to the standards set forth in §6.201(1).
Every porch, balcony or deck which is more than thirty (30) inches high
shall have a guardrail located at least thirty-six (36) inches above the floor
of the porch or balcony. Every handrail and guardrail shall be firmly
fastened and maintained in good condition. No flight of stairs shall have
(h)
(i)
settled out of its intended position or have pulled away from the supporting
or adjacent structures enough to cause a hazard. No flight of stairs may
have rotting, loose or deteriorating supports. The treads and risers of
every flight of stairs, except spiral or winding stairways, shall be essentially
uniform in width and height. Stairways shall be capable of supporting a
live load or one hundred (100) pounds per square foot of horizontal
projection.
Access to Dwelling Unit. Access to or egress from each dwelling unit shall
be provided without passing through any other dwelling unit.
All buildings and/or maintenance improvements inspected pursuant to
Chapter 5A, the Housing Maintenance Code, shall be judged and
inspected in accordance with the applicable Uniform Building Code and
Uniform Fire Code, as follows:
(1)
Existing Installation. Buildings in existence at the time of the
adoption of the Code may have their use or occupancy continued, if
such use or occupancy was legal at the time of the adoption of the
code, provided such continued use is not dangerous to life.
(2)
Maintenance. All buildings and structures, both existing and new,
and all parts thereof, shall be maintained in a safe and sanitary
condition. All devices or safeguards which are required by the
Code shall be maintained in conformance with the code edition
under which installed.
All repairs, replacements or maintenance to the structure or dwelling unit
shall be installed or made so as to be compatible with the surrounding
building materials and general appearance of the existing area.
Section 2:
5A.202(1)
(a)
Door and Window Locks
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking or eating unless all exterior doors of the dwelling or dwelling unit
are equipped with safe and functioning door and window locks which
comply with the following requirements, to wit:
When access to a dwelling unit door is gained through a common corridor
or entrance in a dwelling in which four (4) or more dwelling units share a
common entrance or corridor, an approved system of controlled access
shall be maintained for each multiple family building to control access.
The secudty system shall consist of locked building entrance or foyer
doors, and locked doors leading from the hallways into individual dwelling
units. Dead-latch type door locks shall be provided with releasable lever
knobs (or doorknobs) on the inside of building entrance doors and with key
cylinders on the outside of the building entrance doors. Building entrance
door-latches shall be of the type that are permanently locked. An
approved lock box with building entry key, boiler room key, laundry and
common area keys, all marked individually accessible to the Fire
Department must be provided for access to the building. The enumerated
keys must be present in the lock box at all times. A communication
system or device such as an intercom, telephone, audible bell or buzzer or
other approved means or making contact with the tenants must be
provided.
(b)
Every door that provides ingress or egress for a dwelling unit within a
multiple family unit shall be equipped with an approved lock that has a
dead locking bolt that cannot be retracted by end pressure; provided,
however, that such doors shall be openable from the inside without the
use of a key or any special knowledge or effort.
(c)
All ingress, egress and interior doors shall be kept free of holes and/or
punctures.
Section 3: Light, Ventilation, and Electric
5A.203(1)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the following
requirements, to wit:
(a)
Habitable Room Ventilation. Every habitable room shall have at least one
window facing directly outdoors which can be easily opened unless the
room contains, in lieu thereof, another device affording ventilation which
has been approved by the Building Official. The minimum total of
openable window area in every habitable room shall be the greater of four
percent (4%) of the floor area of the room or four (4) square feet.
(b)
Sleeping Room Egress. Sleeping rooms in buildings existing prior to this
code must have window or door openings for egress of no less than four
(4) square feet or the minimum size required by the Building Code in effect
when the dwelling was constructed. Space that is added on or converted
to sleeping rooms must meet the applicable codes at the time of
conversion for habitable rooms and provide a means of egress with
openable area of no less than 5.7 square feet.
(c)
Nonhabitable Room Ventilation. Every bathroom, water closet
compartment, laundry room, utility room, or other nonhabitable room shall
contain a minimum total of openable window area of no less than 1.5
square feet, except that no windows shall be required if such rooms are
equipped with a functioning ventilation system which is approved by the
Building Official.
(d)
Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public
and common areas shall be supplied with functioning electrical service,
functioning over current protection devices, functioning electrical outlets,
and functioning electrical fixtures which are properly installed, which shall
be maintained in a safe working condition and which shall be connected to
a source of electric power in a manner prescribed by §6.201(1). The
minimum capacity of such electric outlets and fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the
equivalent or sixty (60) ampere, three-wire electric service per
dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for
each six hundred (600) feet of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or
wall type electric convenience outlets or one such outlet for each
sixty (60) square feet or fraction thereof of total floor area; provided,
however, the one ceiling or wall type light fixture may be substituted
for one required electric outlet.
(4)
Every water closet compartment, bathroom, kitchen, laundry room,
and furnace room shall contain at least one supplied ceiling or wall
type electric light fixture, and every bathroom, kitchen, and laundry
room shall contain at least one electric convenience outlet.
(5)
Every public hall and stairway in every rental dwelling shall be
effectively illuminated by natural or electric light at all times. In
structures containing not more than two dwelling units, conveniently
located functioning light switches controlling an adequate
functioning lighting system which may be turned on when needed
may be substituted for full-time lighting.
Section 4: Minimum Thermal Standards
5A.204(1)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein unless such dwelling or dwelling unit shall have
heating facilities which are properiy installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
(a)
(b)
(c)
(d)
Section 5:
5A.205(1)
(a)
(b)
located therein to a temperature of at least seventy (70) degrees
Fahrenheit at a distance of three (3) feet above floor level and at three (3)
feet from exterior walls, and which shall comply with the following
requirements, to-wit:
Gas or electrical appliance designed primarily for cooking or water heating
purposes shall not be considered as heating facilities within the meaning
of this section.
Portable heating equipment employing flame or the use of liquid fuel shall
not be considered as heating facilities within the meaning of this section
and is prohibited.
No owner or occupant shall install, operate or use a space heater
employing a flame that is not vented outside the structure in an approved
manner.
No owner shall supply portable electric heaters to comply with this §
5.204(1).
Foundation, Exterior Walls, and Roofs
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the following
requirements, to-wit;
The foundation, exterior walls and exterior roof shall be water tight and
protected against vermin and rodents and shall be kept in sound condition
and repair. The foundation element shall adequately support the building
at all points. Every extedor wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the intedor
portion of the walls or to the interior spaces of the dwelling. The roof shall
be tight and haVe no defects which admit rain or roof drainage and shall be
adequate to prevent rain water from causing dampness in the walls. All
extedor surfaces, other than decay resistant materials, shall be covered by
paint or other protective covedng 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.
Windows, Doors and Screens. Every window, exterior door and hatchway
shall be tight and shall be kept in repair. Every window other than fixed
window shall be capable of being easily opened and shall be equipped
with screens between May 1 and September 30, inclusive, of each year.
(c)
(d)
(e)
(g)
(h)
Section 6:
5A.206(1)
Every window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude
rain, vermin, rodents, and insects from entering the building.
Floors, Intedor Walls and Ceilings. Every floor, intedor wall and ceiling
shall be protected against the passage and harborage of vermin and
rodents and shall be kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruding or rotted floodng 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.
Rodent Proof. Each part of every dwelling shall be rodent resistant. All
openings in extedor walls, foundations, basements, ground or first floors or
roofs which have an opening of ½" diameter or larger shall be rodent-
proofed in an approved manner, intedor floors, basements, cellars and
other areas in contact with the soil shall be enclosed with concrete or other
rodent impervious material.
Fence Maintenance. All fences on the premises where the dwelling or
dwelling unit is located shall be maintained in accordance with §6.401 to
§6.403, inclusive, of this City Code.
Accessory Structure Maintenance. Accessory structures on the premises
where the dwelling or dwelling unit is located shall be structurally sound
and maintained in good repair. The exterior of such structures shall be
covered with decay-resistant materials such as paint or other
preservatives.
Safe Building Elements. Every foundation, roof, floor, extedor wall, interior
wall, ceiling, inside stair, outside stair, porch, balcony and every
appurtenance to each of the foregoing shall be oaf e to use and capable of
supporting normal structural loads.
Facilities to Function. All equipment, utilities, chimney and flue required
under City Code shall function effectively in a safe, sound and working
condition.
Maximum Density and Minimum Space for Rental Units
No person shall rent or let to another for occupancy any rental dwelling for
the purpose of living, sleeping, eating or cooking therein which does not
comply with the following requirements, to-wit:
(a Permissible Occupancy of Dwelling Unit. The maximum permissible
occupancy of any rental dwelling unit shall be determined as follows:
(1)
For the first occupant, 150 square habitable room floor space and
for every additional occupant thereof, at least 100 square feet of
habitable room floor space.
(2)
In no event shall the total number of occupants exceed two times
the number of habitable rooms, less kitchen, in the dwelling unit.
.5A.206(2)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling unit for occupancy by more than one family, other
than for temporary guests.
Section 7: Screening and Landscaping
5A.207(1)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the requirements of
this §5A.207
(a)
Definitions. For the purposes of this Section, the following terms shall
have the meanings stated:
(1)
Fence. Any partition, structure, wall, or gate erected as a divided
marker, barrier, or enclosure, and located along the boundary or
within the required yard.
(2)
Landscape. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor
finishings.
(3)
Mechanical Equipment. Heating, ventilation, exhaust, air
conditioning, and communication units integral to and located on
top beside, or adjacent to a building.
(4)
Retaining Wall. A wall or structure constructed of stone, concrete,
wood, or other materials, used to retain soil, as a slope transition, or
edge of a plating area.
(5)
Screening. A barrier which blocks all views from public roads and
differing land uses to off-street parking areas, loading areas, service
and utility areas, and mechanical equipment.
(b)
Every yard of any premises on which a dwelling or dwelling unit is located
shall have installed and maintained landscaping in accordance with the
provisions of this section.
(1)
Sodding and Ground Cover. All exposed ground area surrounding
he principle building and accessory buildings, which are not
devoted to driveways, parking areas, sidewalks, or patios, shall be
sodded or landscaped with shrubs, trees, gardens, or other
ornamental landscape materials. No landscaped area shall be
used for the parking of vehicles or storage or display of materials,
supplies or memhandise.
(2)
Slopes and Berms. Final grades with a slope ratio of greater than
three (3) to one (1) will not be permitted without special approved
treatment such as special weed mixtures or reforestation, terracing,
or retaining walls. Berming used to provide required screening of
parking lots and other open areas shall not have slopes in excess of
three (3) to one (I).
(3)
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.
(4)
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.
(5)
Weeds. The maintenance and upkeep of all lawns and yards shall
be subject to Chapter 4, Article II, Section 3 of the Columbia
Heights City Code, which is incorporated herein by reference.
(c)
General Screening. All loading, service utility, mechanical equipment, and
outdoor storage areas, including dumpsters and refuse containers for
dwellings ofthree (3) or more units shall be screened from all public roads
and adjacent residential uses of property. All parking lots for dwellings of
three (3) or more units if the property on which the lot is located abuts a
differing land use and is not separated from the differing land use by a
public street, roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the earth
mounds, walls, fences, shrubs, compact evergreen trees, or dense
deciduous hedge six (6) feet in height. Hedge materials must be at least
three (3) feet in height, and trees must be at least six (6) feet in height at
planting. The height 'and depth of the screening shall be consistent with
the height and size of the area for which screening is required. When
natural materials, such as trees or hedges, are used to meet the screening
requirements of this sub-section, density and species of planting shall be
such to achieve seventy-five (75) percent capacity year-round.
(d)
Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to
§5A.207(1)(c) must either provide screening pursuant to §5A.207 (1) (c) or
provide a minimum on one deciduous tree for every forty-five (45) feet or
portion thereof of parking lot perimeter planted adjacent to the nearest
roadway abutting the property on which the parking lot is located.
(e)
Fences. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, Article IV of the Columbia Heights City Code,
which is incorporated herein by reference.
(f)
Outside storage of articles, equipment, construction materials, items not
designed for exterior use, and miscellaneous items, including but not
limited to, lawn mowers and other lawn maintenance equipment shall not
be allowed. A weather tight, rodent-proof storage building or shed must be
constructed for storage of items not storable within the building.
(g) Variances under §5^.207 shall be enforced and administered in
accordance with §5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting.
5A.208(1)
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which is located on premises which
does not comply with the following requirements, to-wit:
(a)
Required off-street parking as defined in Section 9.116(4) of the City
Code. Additionally, any building or structure in existence upon the
effective date of this Ordinance which does not currently comply with the
parking requirements of Section 9.116(4), but does have the necessary
space to provide the required parking shall be required to expand the
provided parking in accordance with the Code by July 1, 1998.
(b)
The required parking space must have a minimum width of 9 feet and a
minimum length of 20 feet.
(c) All required parking spaces must be surfaced with asphalt or concrete.
(d) Curb guards and/or guardrails must be provided for parking spaces
situated above retaining walls.
(e)
An unobstructed path must be provided between parking areas and the
dwelling unit.
(f)
(h)
(i)
5A.208 (2)
Section 9:
5A.209 (1)
(a)
(b)
Lighting must be provided for parking areas and walkways between the
parking area and the dwelling unit in dwellings consisting of three (3) or
more units. Lighting must be available for parking areas and walkways.
Between the parking area and the dwelling unit for dwellings of two (2) or
less units.
In dwellings of three (3) or more units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
Driveways leading to parking areas and/or access ways to buildings must
be maintained and kept in good repair. In cases of tenant parking areas
all parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1998.
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
Variances under §5A.207 and §5A.208 shall be enforced and administered
in accordance with {}9.105. The criteria contained in §9.105(3)(d) shall be
applied in deciding whether or not an applicant is entitled to a variance.
Fire Safety
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
Every existing dwelling unit shall be provided with smoke detectors
conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on
the ceiling or wall at a point centrally located in the corridor or area giving
access to rooms used for sleeping purposes. Where sleeping rooms are
on an upper level, the detectors shall be placed at the center of the ceiling
directly above the stairway. All detectors shall be located in accordance
with approved manufacturer's instructions. When actuated, the detector
shall provide an alarm in the dwelling unit or guest room.
In new construction of any dwelling unit and in common hallways and
other common areas of existing units, required smoke detectors shall
receive their primary power from the building wiring when such wiring is
served from a commercial source. Wiring shall be permanent and without
a disconnecting switch other than those required for over current
protection.
(c)
Section 10:
5A.210(1)
Section 11:
5A.211(1)
5A.211(2)
5A.211(3)
5A.211(4)
5A.211(5)
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 misdemeanor and upon
conviction thereof, shall be subject to a fine of not more than two hundred
($200.00) dollars.
Discontinuance of Service or Facilities.
No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this Ordinance to be removed from or shut
off from or discontinued for any occupied dwelling or dwelling unit except
for temporary interruptions as may be necessary while actual repairs or
alterations are made or during temporary emergencies.
Public Health and Safety
Rodent Harborages Prohibited in Occupied Areas. No occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or
any other similar materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit.
Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal or any other similar materials
in such a manner that may provide a rodent harborage in or about shared
or public areas of a dwelling or its premises.
Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that
may serve as food for rodents in a site accessible to rodents.
Sanitary Maintenance of Fixtures and Facilities. Every occupant of a
dwelling unit shall keep all supplied fixtures and facilities therein in a clean
and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
Responsibility for Pest Extermination. Every occupant of a dwelling
containing a single dwelling unit shall be responsible for the extermination
of vermin infestations and/or rodents on the premises. Every occupant of
a dwelling unit in a dwelling containing more than one dwelling unit shall
be responsible for such extermination whenever his/her dwelling unit is the
only one infested. Notwithstanding, however, whenever infestation is
caused by the failure of the owner to maintain a dwelling in a reasonable
rodent-proof or reasonable vermin-proof condition, extermination shall be
the responsibility of the owner. Whenever infestation exists in two or more
of the dwelling units in any dwelling, or in the shared or public parts of any
dwelling containing two or more dwelling units, extermination thereof shall
be the responsibility of the owner. If the problem persists proof of
professional extermination shall be supplied to the inspections officer upon
request.
5A.211(6)
Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and
recyclable materials shall be regulated in accordance with Chapter 8,
Article III of the Columbia Heights City Code, which is incorporated herein
by reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
5A.301(1)
The City Manager and his/her designated agents shall be the Enforcement
Official who shall administer and enforce the provisions of the Ordinance.
Inspections shall be conducted during reasonable hours, and, upon
request the Enforcement Official shall present evidence of his/her official
capacity to the owner, occupant or person in charge of a dwelling unit
sought to be inspected.
Section 2: Inspection Access
5A.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit
or of a multiple dwelling fails or refuses to permit free access and entry to
the structure or premises, or any part thereof, for an inspection authorized
by this Ordinance, the Enforcement Official may, upon a showing that
probable cause exists for the inspection or for the issuance of an order
directing compliance with the inspection requirements of this section with
respect to such dwelling, dwelling unit or multiple dwelling, petition and
obtain an order to inspect and/or search warrant from court of competent
jurisdiction.
Section 3: Inspections
5A.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license
shall be inspected at least once annually, subject to section 5A.303(2).
5A.303 (2) Inspections on individual dwelling units shall be required for tenant
occupancy changes under the following conditions;
(a)
Dudng each of the past two years that the owner or landlord has applied
for license renewal, they have failed to correct Housing Maintenance Code
violations on a timely basis, as evidenced by two wdtten Compliance
Orders by the Inspection Department or Enforcement Officer of the City of
Columbia Heights; or
(b)
During the past year, two or more tenant complaints on single
family/duplex/triplex have been received or four or more tenant complaints
on a four-plex or other multiple dwelling have been received and
substantiated (Housing Maintenance Code violations were issued based
on the complaints). Multiple complaints arising out of the same
maintenance problem, which occur within a pedod of one week, shall be
considered to be one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the City Inspections
Department will notify the landlord, in writing, that the landlord will be
hence forth required to have the building inspected upon each tenant
occupancy change. It will also be the responsibility of the landlord to
provide .a list of current occupants and a 72 hour notification of a new
tenant move-in. The tenant occupancy change inspections shall occur for
a period of one year from the date of notification by the City Inspections
department, however, that time shall be extended if any of the above set
forth conditions continue to exist.
Section 4: Compliance Order
5A.304(1)
Whenever the Enforcement Officer determines that any dwelling, dwelling
unit or the premises surrounding any of these fails to meet the provisions
of this Ordinance, he/she may issue a Compliance Order setting forth the
violations of the Ordinance and ordering the owner, occupant, operator, or
agent to correct such violations. The Compliance Order shall:
(a) Be in writing;
(b) Describe the location and nature of the violations of this Code;
(c)
Establish a reasonable time not greater than 6 months for the correction of
such violation and advise the person to whom the notice is directed of the
right to appeal; and
(d
Be served upon the owner of his/her agent or the occupant, as the case
may require. Such notice shall be deemed to be properly served upon
such owner or agent, or upon such occupant, if a copy thereof is:
(1) Served upon him/her personally,
(2)
Sent by certified mail return receipt requested to his/her last known
address, or,
(3)
Upon failure to effect notice through (i) and (ii) as set out in this
section, posted at a conspicuous place in or about the dwelling
which is affected by the notice.
5A.304(2)
Upon correction of all Housing Maintenance Code violations as set forth in
the Compliance Order, the City Inspections Department shall, upon
request of the owner or landlord, issue a written statement that all
violations have been corrected in accordance with the Columbia Heights
Housing Maintenance Code.
Section 5: Posting to Prevent Occupancy
5A.305(1)
The Enforcement Official may post any building or structure covered by
this ordinance an being in direct violation of the ordnance preventing
further occupancy. Posting will occur if any owner, agent, licensee or
other responsible person has been notified by inspection report of the
items which must be corrected within a certain stated period of time and
that the corrections have not been made. Current occupants shall have
not more than 60 days to vacate a posted property. Current occupants
shall vacate posted property immediately if such occupancy will cause
imminent danger to the health or safety of the occupants. No person,
other than the Enforcement Official or his representative, shall remove or
tamper with any placard used for posting. No person shall reside in,
occupy or cause to be occupied any building, structure or dwelling which
has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(1)
When a person to whom a Compliance Order is directed alleges that such
Compliance Order is based upon erroneous interpretation of the Ordnance
or upon a misstatement or mistake of fact, such person may appeal as set
forth in §6.202(1 ).
Section 7: Board of Appeals
5A.307(1)
Upon at least five (5) business days notice to the appellant of the time and
place for headng the appeal and within 30 days after said appeal is filed,
the Board of Appeals shall hold a headng thereon. All hearing notices
shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in
accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
5A.401(1)
Section 2:
5A.402(1)
(a)
(b
No person, firm or corporation shall operate a rental dwelling in the City
without having first obtained a license as hereinafter provided from the
Building Official. Each such license shall register annually with the City. If
the license in denied, no occupancy of dwelling units then vacant or which
become vacant is permitted until a license has been issued. Apartment
units within an unlicensed apartment building for which a license
application has been made and which units are in compliance with this
Chapter 5A and with §6.202(1) may be occupied provided that the
unlicensed units within the apartment building do not create a hazard to
the health and safety of persons in occupied units.
License Procedures
Within 180 days after the passage of Chapter 5A, the owner of any rental
unit within the City shall apply to the Building Official for a rental housing
license in the manner hereafter prescribed.
Application shall be made on forms provided by the City and accompanied
by the initial fee in an amount set by resolution of the City Council. The
owner of an apartment building or rental home constructed after the date
of passage of this Ordinance shall obtain a license prior to actual
occupancy of any rental unit therein.
Applicants shall provide the following information on license applications:
(1)
Name and address of owner of the rental dwelling and the name
and address of the operator or agent actively managing said rental
dwelling.
(2)
The name and address of the vendee if the rental dwelling is being
sold on a contract for deed.
(3) The legal description and address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor
area for each such unit and the total floor area for the building.
(5)
The number of toilet and bath facilities shared by the occupants of
two or more dwelling units.
(6)
A description of the type of construction of the exterior of the
building.
(7) The number of paved off-street parking spaces available.
(8)
Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of §5A.303 (1)(d).
(9)
All owners of rental dwellings shall provide telephone access
number(s) to be used in emergency situations, including emergency
maintenance and repair. This requirement shall be a condition
precedent to the issuance of any rental license.
(10)
Such other information as the administrative service shall require.
Said information may include, but is not limited to tenant lists which
include tenants name, unit, and identifying information (i.e. date of
birth, social secudty number, ddver's license number).
(c)
Failure to complete, in full, the required license application shall be
grounds for denial of the license.
Section 3: Application and Inspection
5A.403(1)
Upon receipt of a properly executed application for a rental housing
license, the City Manager shall cause an inspection to be made of the
premises to insure that the structure is in compliance with the requirement
of the Code.
Section 4: Issuance of Rental Housing License
5A.404(1)
If the rental dwelling is in compliance with the requirements of the Code, a
license shall be issued to the present owner, occupant or agent shall state
that the structure has been inspected and is in compliance with the
requirements of the Code. The present owner or any agent designated by
the present owner or occupant shall obtain a license. If the City finds that
the circumstances of occupancy following the issuance of the license
involve possible Code violations, substandard maintenance or abnormal
wear and tear, the City may again inspect the premises dudng the
licensing pedod.
5A.404(2)
The City may by Council resolution establish a reinspection fee. If a
dwelling unit is not currently licensed, no license may be issued until all
outstanding reinspection fees shall have been paid. If a dwelling unit is
licensed, the license for such dwelling unit shall expire twenty (20) days
after the licensee or his agent is notified of the outstanding reinspection
fees, unless payment is made before the expiration of the twenty (20) day
pedod.
Section 5: License Display
5A.405(1) A license issued under this Chapter shall be conspicuously displayed on
the rental premises wherever feasible. The licensee shall promptly
produce the license upon demand or a prospective tenant or the Building
Official or his/her authorized representative.
Section 6: License Transfer
5A.406(1)
The license is transferable upon application to the Building Official and
payment of the license transfer fee by the prospective owner if the
licensed premises is in compliance with the Code. The license shall
terminate if renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amount of the transfer
shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a period of one year. However,
renewal of licenses, as required annually by this Code, may be made by:
(a)
Completing the renewal form furnished to the owner, operator, or agent of
the rental dwelling, by the City Inspection Department, and
(b)
Attendance by the landlord or property manager at three or more hours of
continuing education relevant to the operation or management of rental
property during the last year. The City Council shall set by resolution, the
types of continuing education meeting this requirement; and
(c)
Mailing the renewal form together with proof of completion of three hours
of training and the required registration fee to the City Inspection
Department, and
(d)
Successful completion of the annual Housing Maintenance Code
inspection as required by Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the
above set forth requirements. Further, said renewal or registration may be
made only when no change in ownership, operation, agency or type of
occupancy of the rental dwelling has occurred in the last licensing year.
Section 8: Suspension or Revocation
5A.408(1)
A license issued or renewed under this section may be revoked or
suspended upon a finding of noncompliance with the provisions of this
Chapter. Reinstatement of a suspended license shall be accompanied by
an amount equal to 50% of the license fee. Issuance of a new license
after suspension or revocation shall be made in the manner provided for
obtaining an initial license.
5A.408(2)
The Council may, for cause, revoke or suspend a license, or take other
action restricting the privileges of a license subject to the following
requirements:
(a)
The City, through its Enforcement Officer, provide the licensee with a
written statement or reasons or causes for the proposed Council action
together with a notice for public hearing.
(b)
The council shall conduct a public hearing on the proposed action and
provide findings of fact and citations to any ordinances or regulations that
have been violated, together with a statement of action taken and the
conditions of any resulting revocation, suspension, or other action
restricting the privileges of the licensee.
(c)
The Enforcement Officer shall forward the findings and statement of action
taken to the person in whose name said license was issued by mailing the
same to the mailing address indicated on the license application.
5A.408(3)
A violation of any provision of this chapter or of state law, prescribing
standards of conduct or regulations governing a licensee; the particular
type of business or commercial activity or trade or occupation that is
licensed; or the premises where the licensed activity is conducted; shall be
a prima facie showing of cause for revocation, suspension, or other action
restricting the privileges of a licensee as the council may determine.
5A.408(4)
Nondisclosure, misrepresentation or misstatement of a material fact in any
application for a license under this chapter shall be a pdma facie showing
of cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
Section 9: License Fees
5A.409(1)
License fees, inspection fees, and reinspection fees shall be established
by Council resolution.
Section 10: Conduct on Licensed Premises
5A.410 (1)
It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined
to be disorderly, in violation of any of the following statutes or ordinances:
(a) MN Stat. §609.75 through 609.76, which prohibit gambling;
(b) MN Stat. §609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(c)
MN Stat. { 1 52.01 through 152.025, and { 1 52.027, subds. I and 2,
which prohibit the unlawful sale or possession of controlled substances;
(d)
MN Stat. {340A.401, which prohibits the unlawful sale of alcoholic
beverages;
(e)
MN Stat. {609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g)
MN Stat. {97B.021, 97B.045, 609.66 through 609.67 and 624.712 through
624.716, and section 10.307 of this code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(h) MN Stat. {609.72, which prohibits disorderly conduct.
(i)
MN Stat. {609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Stat. { 518B.01.
0)
Violation of laws relating to contributing to need for protection or services
or delinquency of a minor as defined in MN Stat. {260.315.
(k)
Section 8.201 et al. Of this Ordinance which relates to animal noises and
public nuisances.
5A.410(2)
The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
5A.410(3)
Upon determination by the Police Chief (Department) that a licensed
premises was used in a disorderly manner, as described in section (1), the
Police Chief (Department) shall notify the licensee by mail of the violation
and direct the licensee to take steps to prevent further violations.
5A.410(4)
If another instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in subsection (3) was
given, the Police Chief (Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of
the actions taken, and proposed to be taken, by the licensee to prevent
further disorderly use of the premises. This wdtten report shall be
submitted to the Police Chief (Department) within 5 days of receipt of the
notice of disorderly use of the premises and shall detail ali actions taken
by the licensee in response to all notices of disorderly use of the premises
5A.410(5)
5A.410(6)
5A. 410(7)
Article V:
Section 1:
5A.501(1)
within the preceding three (3) months. If the licensee fails to comply with
the requirements of this subsection, the rental dwelling license for the
premises may be denied, revoked, suspended, or not renewed. An action
to deny, revoke, suspend, or not renew a license under this section shall
be initiated by the City Council at the request of the Police Chief
(Department) in the manner describe( in Sections 5A.408 (1) through
5A.408 (4).
If another instance of disorderly use of the licensed premises occurs within
three (3) months after any two (2) previous instances of disorderly use for
which notices were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked, suspended, or
not renewed. An action to deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City Council at the request of the
Police Chief (Department) in the manner described in Sections 5A.408 (1)
through 5A.408 (4).
No adverse license action shall be imposed where the instance or
disorderly use of a licensed premises occurred during the pendency of
eviction proceedings (unlawful detainer) or within thirty (30) days of notice
given by the licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by other occupants
or guests of the tenant's unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly
use,
A determination that the licensed premises has been used in a disorderly
manner as described in subsection (1) shall be made upon substantial
evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use,
nor shall the fact of dismissal or acquittal of criminal charges operate as a
bar to adverse license action under this section.
Remedies
Hazardous Building Declaration
In the event that a dwelling has been declared unfit for human habitation
and the owner has not remedied the effects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
Section 2:
5A.502(1)
Section 3:
5A.503(1)
Section 4:
5A.504(1)
Article VI:
5A.601
5A.602
Secure Unfit and vacated Dwellings
The owner of any dwelling or dwelling unit which has been declared unfit
for human habitation or which is otherwise vacant for a period of 60 days
or more shall make the same safe and secure so that it is not hazardous to
the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall
openings, if unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Failure to Comply
Upon failure to comply with a Compliance order within the time set therein,
and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council, after due notice
to the owner, may by resolution declare the condition to constitute a public
nuisance and cause the cited deficiency to be remedied as set forth in the
Compliance Order. The cost of such remedy shall be a lien against the
subject real estate and may be levied and collected as a special
assessment in accordance with Minnesota Statutes Chapter 429, for
abatement of nuisances and specifically for the removal or elimination of
public health or safety hazards from private property. Any assessment
levied thereunder shall be payable in a single installment. The intent of
this section is to authorize the City to utilize all of the provisions of this
Code and of Minnesota law to protect the public's health, safety and
general welfare.
Remedies Cumulative
Any remedies pursued under this §5A.501 to 5A.503, inclusive, are in
addition to the remedies or penalties prescribed under §5^.601 to 5A.611,
inclusive.
Penalties
No person, firm, corporation, or licensee shall own and maintain or operate
or rent to any other person for occupancy any rental dwelling, rental
dwelling unit, or premises in which a rental dwelling unit is located in
violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance
standard.
No person, firm or corporation shall operate a rental dwelling or dwelling
unit without a license issued pursuant to this Chapter or accept rental
payments from a tenant of any unlicensed dwelling or dwelling unit which
payment is for occupancy for a pedod dudng which the dwelling or
dwelling unit is not license pursuant to this Chapter.
5A.603
No person, firm, corporation or licensee shall refuse or fail to allow the
Building Official to enter a dwelling or unit for the purposes of inspection
when authorized by this Chapter.
5A.604
No person, firm, corporation or licensee shall fail or refuse to obey a
Compliance Order validly issued under this Code.
5A.605
No person, firm or corporation shall give or submit false information on a
license application or any renewal thereof.
5A.606
No person who is an occupant of a rental dwelling or rental dwelling unit
shall cause a rental dwelling, rental dwelling unit or the premises on which
a rental dwelling unit is located to become in violation of any of the
maintenance standards set forth in Chapter 5A, Article II (§5A.201, et.
seq.), normal wear and tear excepted.
5A.607
No person shall occupy an unlicensed dwelling or dwelling unit if such
dwelling unit is required to be licensed under this Chapter.
5A.608
No occupant of any rental dwelling or rental unit shall fail to allow or refuse
entry to the Building Official, for purposes of inspection when authorized
by this Code.
5A.609
No person may occupy a dwelling or property posted pursuant to §5A.304.
5A.610
No person, firm or corporation, including an owner, licensee or occupant,
shall remove or tamper with a placard used for posting property pursuant
to this Chapter.
5A.611
Any person, firm or corporation who violates or refused to comply with any
of the provisions of this Chapter is guilty of a misdemeanor, unless herein
specifically noted. Upon conviction of said misdemeanor they shall be
subject to a fine of not more than seven hundred dollars ($700.00) or to
imprisonment not to exceed ninety (90) days, or both, for each offense.
Each day that a violation exists shall constitute a separate offense.
Shall hereafter read as follows, to wit:
Chapter 5A RESIDENTIAL MAINTENANCE CODE
Article I General Provisions
Section t:
5A. 101(1)
(a)
(b)
(c)
(d)
(e)
(f)
5A. 101(2)
Statement of Purpose
The purpose of the Residential Maintenance Code (hereinafter referred to
in Chapter 5A as "Code") is to protect the public health, safety and general
welfare of the people of this City. These objectives include, among others,
the following;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health;
To provide minimum standards for heating, for sanitary equipment and for
light and ventilation necessary to protect the health and safety of
occupants of building;
To prevent the overcrowding of rental dwellings;
To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent substandard housing and blight;
To preserve the value of land and buildings throughout the city.
With respect to disputes between landlords and tenants, and except as
otherwise specifically provided by terms of this Ordinance, the City Council
will not intrude upon the accepted contractual relationships between
landlords and tenants. The City Council will not intervene as an advocate
of either party, nor will it act as an arbiter, nor will it be receptive to
complaints from landlords or tenants which are not specifically and cleady
relevant to the provisions of this Code. In the absence of such relevancy
with regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as are available to them without the
intervention of City government. In enacting this Code, the Council does
not intend to interfere or permit interference with legal rights to personal
pdvacy.
Section 2: Applicability
5A. 102(1)
Section 3:
5^.103(1)
(a)
(b)
(c)
(d)
(e)
(g)
(h)
This Code establishes minimum standards for maintaining dwellings,
accessory structures and premises. This Code is intended to provide
standards for housing. Applicable requirements shall apply to all
apartment units, homes, accessory structures, rooming houses, lodging
and/or boarding houses and house trailers used or intended for use for
human habitation.
Definitions
The following definitions shall apply in the interpretation and enforcement
of this Code, to wit;
Accessory Structure. A structure subordinate to the main or principal
dwelling or dwellings which is not authorized to be used for living or
sleeping by human occupants and which is located on or partially on the
premises.
Apartment Unit. Apartment, apartment unit, dwelling unit, or unit means a
room or group of rooms located within a building which form a single
habitable unit with facilities which areused or are intended to be used for
living, sleeping, cooking or eating.
Approved. An indication that an item meets construction, installation, and
maintenance standards of the State of Minnesota and of this Code.
Basement. Any floor level below the first story in a building, except that
floor level in a building having only one floor level shall be classified as a
basement unless such floor level qualifies as a first story as defined
herein.
Building. Any structure having a roof which may provide shelter or
enclosure for persons, animals, or chattels, and, when said structure is
divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
Clean. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
Dwelling. A structure or portion thereof designed exclusively for residential
occupancy, including boarding and lodging houses, but not including
hotels and motels.
Dwelling Unit. Dwelling unit has the same meaning as apartment unit
(within this Code).
(i)
(J)
(k)
(0
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
Exit. A continuous and unobstructed means of egress to a public way and
shall include intervening doors, doorways, corridors, ramps, stairways,
smoke-proof enclosures, horizontal exits, exit passageways, exit courts
and yards.
Family. An individual, or two or more persons each related by blood,
marriage, adoption, or foster children, living together as a single
housekeeping unit; or a group of not more than four persons not so
related, maintaining a common household and using common cooking and
kitchen facilities.
Functioning. In such physical condition as to safely perform the service or
services for which an item is designed or intended.
Garbage. Garbage is defined in 5.605(2)(a).
Habitable. A dwelling unit or part thereof that meets minimum standards
for use as a home or place of abode by one or more persons.
Hot Water. Water heated to a temperature of not less than 110 degrees
Fahrenheit, measured at faucet outlet.
Housing Code. Section 5A of this Code together with the Uniform Housing
Code, 1985 Edition, as amended, International Conference of Building
Officials.
Housing Enforcement Officer. Agent designated by the City Manager to
enforce provisions of the Residential Maintenance Code.
Infestation. The presence within or around a dwelling or dwelling unit of
any insect, rodent, vermin or other pest.
Kitchen. A habitable room within a dwelling unit intended to be used for
the cooking of food or preparation of meals.
Occupant. Any person (including owner or operator) living, sleeping,
cooking or eating within a dwelling unit.
Owner. Any person, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of, or have charge, care control
of any dwelling, dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or guardian of the estate or
person of the title holder. Also, any person, firm or corporation who has
the dght to determine who occupies a rental structure (even though that
dght may be subject to a lease or rental agreement), or a person, firm,
corporation who shall have the power to rent or let premises to another'for
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
purposes of this Code.
Person. Any individual, firm, partnership, association, corporation,
company or a joint venture or organization of any kind.
Premises. A platted lot or part thereof or unplatted parcel of land, and
adjacent dght-of -way either occupied or unoccupied by any dwelling or
structure.
Public Hall. A hall, corridor or a passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one
family.
Rental Dwelling. Any dwelling for hire with one or more living units, except
such dwellings for which all units are occupied by the owner or persons
who are related to the owner by blood, marriage, or adoption. Rental
dwellings for purposes of this Code do not include hotels, motels, hospitals
or homes for the aged.
Repair. Repair shall mean to restore to a sound, acceptable state of
operation, serviceability or appearance. Repairs shall be expected to last
as long as with the replacement by new items.
Rodent Harborage. A place where rodents commonly live, nest, or
establish their habitat.
Replace or Replacement. To remove an existing or portion of a system
and to construct or install a new item or a quality similar to that of the
existing item when it was new. Replacement ordinarily takes place when
repair of the item is impractical.
Rooming Houses. Any group of rooms which form single habitable units
used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code.
Safe. The condition of being free from danger and hazards which may
cause accidents or disease.
Story, First. The lowest story in a building which qualifies as a story, as
defined herein, except that a floor level in a building having only one floor
level shall be classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more than fifty
percent of the total perimeter, or more than eight feet below grade, as
defined herein, at any point.
(gg)
(hh)
5A. 103(2)
Article II
Section 1:
5A.201(1)
(a)
(b)
(c)
Unsafe. As applied to a structure, a condition or a combination of
conditions which are dangerous or hazardous to persons or property.
Unsanitary. Conditions which are dangerous or hazardous to the health of
persons.
Water Closet. A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewage system or other approved water
supply and sewer system.
Whenever the words "dwelling," "dwelling unit, .... unit," "premises," or
"structures" are used in this Chapter, they shall be construed as though
they were followed by the words "or any part thereof."
Minimum Standards
Basic Equipment and Facilities
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
Kitchen Sink. Each dwelling unit must contain a kitchen sink in good
working condition and properly connected to an approved water supply
system and which provides at all times an adequate amount of heated and
unheated running water under pressure and which is properly connected
to the city sewage system.
Kitchen Storage. Each dwelling unit must contain a counter or table for
food preparation and must contain cabinets and/or shelves for storage or
eating, ddnking and cooking equipment and utensils and of food that does
not require refrigeration for safekeeping. All cabinets, shelves, counter
tops, and tables shall be of sound construction covered with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect
to food.
Food Storage and Preparation. Each dwelling unit must contain an
operational and functioning stove for cooking food and a refrigerator for
the safe storage of food which are properly installed with all necessary
connections for safe, sanitary and efficient operation. Such stove or
refrigerator need not be installed when a dwelling unit is not occupied and
when the occupant is required to provide a stove or refrigerator on
occupancy. If the occupant is required to furnish a stove or refrigerator,
sufficient space and adequate functioning connections for the installation
and operation of the stove and refrigerator must exist.
(d)
Toilet Facilities. Every dwelling unit shall contain a nonhabitable room
which is equipped with a flush water closet in compliance with §6.201(1).
Such room shall have an entrance door which affords privacy. Said flush
water closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides an
adequate amount of running water under pressure to cause the water
closet to be properly functioning, and shall be connected to the City sewer
system.
(e)
Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet, or, if
located in another room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in which said water
closet is located. The lavatory sink shall be in good working and
functioning condition, shall be properly connected to an approved water
system, shall provide at all times an adequate amount of heated and
unheated running water under pressure, and shall be connected to the
City sewer system.
(q
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 pdvacy. A bathtub or
shower shall be propedy connected to an approved water supply system,
shall provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer system.
(g)
Stairways, Porches and Balconies. Every stairway or flight of stairs,
whether inside or outside of a dwelling, and every porch or balcony shall
be kept in safe condition, sound repair, and free of deterioration. Every
stairwell and every flight of stairs which is four risers or more high shall
have handrails which conform to the standards set forth in §6.201(1).
Every porch, balcony or deck which is more than thirty (30) inches high
shall have a guardrail located at least thirty-six (36) inches above the floor
of the porch or balcony. Every handrail and guardrail shall be firmly
fastened and maintained in good condition. No flight of stairs shall have
settled out of its intended position or have pulled away from the supporting
or adjacent structures enough to cause a hazard. No flight of stairs may
have rotting, loose or deteriorating supports. The treads and risers of
every flight of stairs, except spiral or winding stairways, shall be essentially
uniform in width and height. Stairways shall be capable of supporting a
live load or one hundred (100) pounds per square foot of horizontal
projection.
(h)
Access to Dwelling Unit. Access to or egress from each dwelling unit shall
be provided without passing through any other dwelling unit.
(i)
(J)
All buildings and/or maintenance improvements inspected pursuant to
Chapter 5^, the Residential Maintenance Code, shall be judged and
inspected in accordance with the applicable Uniform Building Code and
Uniform Fire Code, as follows:
(1)
Existing Installation. Buildings in existence at the time of the
adoption of the Code may have their use or occupancy continued, if
such use or occupancy was legal at the time of the adoption of the
code, provided such continued use is not dangerous to life.
(2)
Maintenance. All buildings and structures, both existing and new,
and all parts thereof, shall be maintained in a safe and sanitary
condition. All devices or safeguards which are required by the
Code shall be maintained in conformance with the code edition
under which installed.
All repairs, replacements or maintenance to the structure or dwelling unit
shall be installed or made so as to be compatible with the surrounding
building materials and general appearance of the existing area.
Section 2:
5A.202(1)
(a)
Door and Window Locks
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking or eating unless all exterior doors of the dwelling or dwelling unit
are equipped with safe and functioning door and window locks which
comply with the following requirements, to wit:
When access to a dwelling unit door is gained through a common corridor
or entrance in a dwelling in which four (4) or more dwelling units share a
common entrance or corridor, an approved system of controlled access
shall be maintained for each multiple family building to control access.
The security system shall consist of locked building entrance or foyer
doors, and locked doors leading from the hallways into individual dwelling
units. Dead-latch type door locks shall be provided with releasable lever
knobs (or doorknobs) on the inside of building entrance doors and with key
cylinders on the outside of the building entrance doors. Building entrance
door-latches shall be of the type that are permanently locked. An
approved lock box with building entry key, boiler room key, laundry and
common area keys, all marked individually accessible to the Fire
Department must be provided for access to the building. The enumerated
keys must be present in the lock box at all times. A communication
system or device such as an intercom, telephone, audible bell or buzzer or
other approved means of making contact with the tenants must be
provided.
(b)
Every door that provides ingress or egress for a dwelling unit within a
multiple family unit shall be equipped with an approved lock that has a
dead locking bolt that cannot be retracted by end pressure; provided,
however, that such doors shall be openable from the inside without the
use of a key or any special knowledge or effort.
(c)
All ingress, egress and interior doors shall be kept free of holes and/or
punctures. All ingress, egress or interior doors which separate a unit from
another unit or a common area or the exterior of the building shall be
replaced with doors made of approved solid-core construction. Said
replacement shall occur when any such door is in violation of this section
and repairs cannot effectively correct the violation.
Section 3: Light, Ventilation, and Electric
5A.203(1)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the following
requirements, to wit:
(a)
Habitable Room Ventilation. Every habitable room shall have at least one
window facing directly outdoors which can be easily opened unless the
room contains, in lieu thereof, another device affording ventilation which
has been approved by the Building Official. The minimum total of
openable window area in every habitable room shall be the greater of four
pement (4%) of the floor area of the room or four (4) square feet.
(b)
Sleeping Room Egress. Sleeping rooms in buildings existing prior to this
code must have window or door openings for egress of no less than four
(4) square feet or the minimum size required by the Building Code in effect
when the dwelling was constructed. Space that is added on or converted
to sleeping rooms must meet the applicable codes at the time of
conversion for habitable rooms and provide a means of egress with
openable area of no less than 5.7 square feet.
(J)
Nonhabitable Room Ventilation. Every bathroom, water closet
compartment, laundry room, utility room, or other nonhabitable room shall
contain a minimum total of openable window area of no less than 1.5
square feet, except that no windows shall be required if such rooms are
equipped with a functioning ventilation system which is approved by the
Building Official.
(d)
Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public
and common areas shall be supplied with functioning electrical service,
functioning over current protection devices, functioning electrical outlets,
and functioning electrical fixtures which are properly installed, which shall
be maintained in a safe working condition and which shall be connected to
a source of electric power in a manner prescribed by §6.201(1). The
minimum capacity of such electric outlets and fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the
equivalent or sixty (60) ampere, three-wire electric service per
dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for
each six hundred (600) feet of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or
wall type electric convenience outlets or one such outlet for each
sixty (60) square feet or fraction thereof of total floor area; provided,
however, the one ceiling or wall type light fixture may be substituted
for one required electric outlet.
(4)
Every water closet compartment, bathroom, kitchen, laundry room,
and furnace room shall contain at least one supplied ceiling or wall
type electric light fixture, and every bathroom, kitchen, and laundry
room shall contain at least one electric convenience outlet.
(5)
Every public hall and stairway in every rental dwelling shall be
effectively illuminated by natural or electric light at all times. In
structures containing not more than two dwelling units, conveniently
located functioning light switches controlling an adequate
functioning lighting system which may be turned on when needed
may be substituted for full-time lighting.
Section 4:
5A.204(1)
Minimum Thermal Standards
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein unless such dwelling or dwelling unit shall have
heating facilities which are properly installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least seventy (70) degrees
Fahrenheit at a distance of three (3) feet above floor level and at three (3)
feet from exterior walls, and which shall comply with the following
requirements, to-wit:
(a) Gas or electrical appliance designed primarily for cooking or water heating
(b)
(c)
(d)
Section 5:
5A.205(1)
(a)
(b)
(c)
purposes shall not be considered as heating facilities within the meaning
of this section.
Portable heating equipment employing flame or the use of liquid fuel shall
not be considered as heating facilities within the meaning of this section
and is prohibited.
No owner or occupant shall install, operate or use a space heater
employing a flame that is not vented outside the structure in an approved
manner.
No owner shall supply portable electdc heaters to comply with this §
5.204(1).
Foundation, Exterior Walls, and Roofs
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the following
requirements, to-wit;
The foundation, exterior walls and exterior roof shall be water tight and
protected against vermin and rodents and shall be kept in sound condition
and repair. The foundation element shall adequately support the building
at all points. Every exterior wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the interior
portion of the walls or to the interior spaces of the dwelling. The roof shall
be tight and have no defects which admit rain or roof drainage and shall be
adequate to prevent rain water from causing dampness in the walls. All
exterior surfaces, other than decay resistant materials, shall be covered by
paint or other protective covering or treatment which protects the exterior
surfaces from elements and decay in a functioning manner. If 25% or
more of the total exterior surface of the pointing of any brick, block or
stone wall is loose or has fallen out, the surface shall be protected as
heretofore provided.
Windows, Doors and Screens. Every window, exterior door and hatchway
shall be tight and shall be kept in repair. Every window other than fixed
window shall be capable of being easily opened and shall be equipped
with screens between May 1 and September 30, inclusive, of each year.
Every window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude
rain, vermin, rodents, and insects from entering the building.
Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling
shall be protected against the passage and harborage of vermin and
(d)
(e)
(f)
(g)
(h)
Section 6:
5A.206(1)
(a)
rodents and shall be kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruding or rotted flooring materials.
Every interior wall and ceiling shall be maintained in a tight weatherproof
condition and may not be covered wholly or partially by toxic paint or
materials with a lasting toxic effect. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean state.
Rodent Proof. Each part of every dwelling shall be rodent resistant. All
openings in exterior walls, foundations, basements, ground or first floors or
roofs which have an opening of ~" diameter or larger shall be rodent-
proofed in an approved manner, interior floors, basements, cellars and
other areas in contact with the soil shall be enclosed with concrete or other
rodent impervious material.
Fence Maintenance. All fences on the premises where the dwelling or
dwelling unit is located shall be maintained in accordance with §6.401 to
§6.403, inclusive, of this City Code.
Accessory Structure Maintenance. Accessory structures on the premises
where the dwelling or dwelling unit is located shall be structurally sound
and maintained in good repair. The exterior of such structures shall be
covered with decay-resistant materials such as paint or other
preservatives.
Safe Building Elements. Every foundation, roof, floor, exterior wall, interior
wall, ceiling, inside stair, outside stair, porch, balcony and every
appurtenance to each of the foregoing shall be safe to use and capable of
supporting normal structural loads.
Facilities to Function. All equipment, utilities, chimney and flue required
under City Code shall function effectively in a safe, sound and working
condition.
Maximum Density and Minimum Space for Rental Units
No person shall rent or let to another for occupancy any rental dwelling for
the purpose of living, sleeping, eating or cooking therein which does not
comply with the following requirements, to-wit:
Permissible Occupancy of Dwelling Unit. The maximum permissible
occupancy of any rental dwelling unit shall be determined as follows:
(1)
For the first occupant, 150 square habitable room floor space and
for every additional occupant thereof, at least 100 square feet of
habitable room floor space.
(2)
In no event shall the total number of occupants exceed two times
the number of habitable rooms, less kitchen, in the dwelling unit.
5A.206(2)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling unit for occupancy by more than one family, other
than for temporary guests.
Section 7: Screening and Landscaping
5A.207(1)
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the requirements of
this §5A.207
(a)
Definitions. For the purposes of this Section, the following terms shall
have the meanings stated:
(1)
Fence. Any partition, structure, wall, or gate erected as a divided
marker, barrier, or enclosure, and located along the boundary or
within the required yard.
(2)
Landscape. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor
finishings.
(3)
Mechanical Equipment. Heating, ventilation, exhaust, air
conditioning, and communication units integral to and located on
top beside, or adjacent to a building.
(4)
Retaining Wall. A wall or structure constructed of stone, concrete,
wood, or other materials, used to retain soil, as a slope transition, or
edge of a plating area.
(5)
Screening. A barrier which blocks all views from public roads and
differing land uses to off-street parking areas, loading areas, service
and utility areas, and mechanical equipment.
(b)
Every yard of any premises on which a dwelling or dwelling unit is located
shall have installed and maintained landscaping in accordance with the
provisions of this section.
(1)
Sodding and Ground Cover. All exposed ground area surrounding
he principle building and accessory buildings, which are not
devoted to driveways, parking areas, sidewalks, or patios, shall be
sodded or landscaped with shrubs, trees, gardens, or other
ornamental landscape materials. No landscaped area shall be
(c)
(d)
used for the parking of vehicles or storage or display of materials,
supplies or memhandise.
(2)
Slopes and Berms. Final grades with a slope ratio of greater than
three (3) to one (1) will not be permitted without special approved
treatment such as special weed mixtures or reforestation, terracing,
or retaining walls. Berming used to provide required screening of
parking lots and other open areas shall not have slopes in excess of
three (3) to one (I).
(3)
Maintenance. Any dead trees, shrubs, ground covers and sodding
shall be removed and/or 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.
(4)
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.
(5)
Weeds. The maintenance and upkeep of all lawns and yards shall
be subject to Chapter 4, Article II, Section 3 of the Columbia
Heights City Code, which is incorporated herein by reference.
General Screening. All loading, service utility, mechanical equipment, and
outdoor storage areas, including dumpsters and refuse containers for
dwellings of three (3) or more units shall be screened from all public roads
and adjacent residential uses of property. All parking lots for dwellings of
three (3) or more units if the property on which the lot is located abuts a
differing land use and is not separated from the differing land use by a
public street, roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the earth
mounds, walls, fences, shrubs, compact evergreen trees, or dense
deciduous hedge six (6) feet in height. Hedge materials must be at least
three (3) feet in height, and trees must be at least six (6) feet in height at
planting. The height and depth of the screening shall be consistent with
the height and size of the area for which screening is required. When
natural materials, such as trees or hedges, are used to meet the screening
requirements of this sub-section, density and species of planting shall be
such to achieve seventy-five (75) percent capacity year-round.
Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to
§5A.207(1)(c) must either provide screening pursuant to §5A.207 (1) (c) or
provide a minimum on one deciduous tree for every forty-five (45) feet or
portion thereof of parking lot perimeter planted adjacent to the nearest
roadway abutting the property on which the parking lot is located.
(e)
Fences. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, Article IV of the Columbia Heights City Code,
which is incorporated herein by reference.
(f)
Outside storage of articles, equipment, construction materials, items not
designed for extedor use, and miscellaneous items, including but not
limited to, lawn mowers and other lawn maintenance equipment shall not
be allowed. A weather tight, rodent-proof storage building or shed must be
constructed for storage of items not storable within the building.
(g) Variances under §5A.207 shall be enforced and administered in
accordance with §5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting.
5A.208(1)
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which is located on premises which
does not comply with the following requirements, to-wit:
(a)
Required off-street parking as defined in Section 9.116(4) of the City
Code. Additionally, any building or structure in existence upon the
effective date of this Ordinance which does not currently comply with the
parking requirements of Section 9.116(4), but does have the necessary
space to provide the required parking shall be required to expand the
provided parking in accordance with the Code by July 1, 1998.
(b)
The required parking space must have a minimum width of 9 feet and a
minimum length of 20 feet.
(c) All required parking spaces must be surfaced with asphalt or concrete.
(d)
Curb guards and/or guardrails must be provided for parking spaces
situated above retaining walls.
(e)
An unobstructed path must be provided between parking areas and the
dwelling unit.
Lighting must be provided for parking areas and walkways between the
parking area and the dwelling unit in dwellings consisting of three (3) or
more units. Lighting must be available for parking areas and walkways.
Between the parking area and the dwelling unit for dwellings of two (2) or
less units.
(g)
(h)
(i)
(J)
5A.208 (2)
Section 9:
5A.209 (1)
(a)
(b)
In dwellings of three (3) or moro units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
Driveways leading to parking areas and/or access ways to buildings must
be maintained and kept in good repair. In cases of tenant parking areas
all parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1998.
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
Driveways leading to parking areas and parking areas shall be cleared of
snow within forty-eight (48) hours of the end of a snowfall in which at least
three (3) inches of snow has fallen. Snow which is cleared from driveways
and parking areas shall not be placed so as to block or restrict access
ways to buildings, or upon adjacent property without previous permission
of the adjacent property owner.
Variances under §5A.207 and §5A.208 shall be enforced and administered
in accordance with §9.105. The criteda contained in §9.105(3)(d) shall be
applied in deciding whether or not an applicant is entitled to a variance.
Fire Safety
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
Every existing dwelling unit shall be provided with smoke detectors
conforming to U.B.C. Chapter 34. Detectors shall be mounted on the
ceiling or wall at a point centrally located in the corddor or area giving
access to rooms used for sleeping purposes. When a living unit has more
than one floor or level, a detector shall be mounted on every level of the
unit. Where sleeping rooms are on an upper level, the detectors shall be
placed at the center of the ceiling directly above the stairway. All detectors
shall be located in accordance with approved manufacturer's instructions.
When actuated, the detector shall provide an alarm in the dwelling unit or
guest room.
In new construction of any dwelling unit and in common hallways and
other common areas of existing units, required smoke detectors shall
receive their primary power from the building wiring when such wiring is
served from a commemial source. Widng shall be permanent and without
a disconnecting switch other than those required for over current
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 misdemeanor pursuant to
§5A.611.
(d)
Combustible material shall not be stored in boiler rooms, mechanical
rooms or electrical equipment rooms.
Section 10: Discontinuance of Service or Facilities.
5A.210(1)
No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this Ordinance to be removed from or shut
off from or discontinued for any occupied dwelling or dwelling unit except
for temporary interruptions as may be necessary while actual repairs or
alterations are made or during temporary emergencies.
Section 11: Public Health and Safety
5A.211(1)
Rodent Harborages Prohibited in Occupied Areas. No occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or
any other similar materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit.
5A.211(2)
Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal or any other similar materials
in such a manner that may provide a rodent harborage in or about shared
or public areas of a dwelling or its premises.
5A.211(3)
Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that
may serve as food for rodents in a site accessible to rodents.
5A.211 (4)
Sanitary Maintenance of Fixtures and Facilities. Every occupant of a
dwelling unit shall keep all supplied fixtures and facilities therein in a clean
and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
5A.211 (5)
Responsibility for Pest Extermination. Every occupant of a dwelling
containing a single dwelling unit shall be responsible for the extermination
of vermin infestations and/or rodents on the premises. Every occupant of
a dwelling unit in a dwelling containing more than one dwelling unit shall
be responsible for such extermination whenever his/her dwelling unit is the
only one infested. Notwithstanding, however, whenever infestation is
caused by the failure of the owner to maintain a dwelling in a reasonable
rodent-proof or reasonable vermin-proof condition, extermination shall be
the responsibility of the owner. Whenever infestation exists in two or more
of the dwelling units in any dwelling, or in the shared or public parts of any
dwelling containing two or more dwelling units, extermination thereof shall
be the responsibility of the owner. If the problem persists proof of
professional extermination shall be supplied to the inspections officer upon
request.
5A.211(6)
Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and
recyclable materials shall be regulated in accordance with Chapter 8,
Article III of the Columbia Heights City Code, which is incorporated herein
by reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
5A.301(1)
The City Manager and his/her designated agents shall be the Housing
Enforcement Officer who shall administer and enforce the provisions of the
Ordinance. Inspections shall be conducted during reasonable hours, and,
upon request the Housing Enforcement Officer shall present evidence of
his/her official capacity to the owner, occupant or person in charge of a
dwelling unit sought to be inspected.
Section 2: Inspection Access
5A.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit
or of a multiple dwelling fails or refuses to permit free access and entry to
the structure or premises, or any part thereof, for an inspection authorized
by this Ordinance, the Housing Enforcement Officer may, upon a showing
that probable cause exists for the inspection or for the issuance of an
order directing compliance with the inspection requirements of this section
with respect to such dwelling, dwelling unit or multiple dwelling, petition
and obtain an order to inspect and/or search warrant from court of
competent jurisdiction.
Section 3: Inspections
5A.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license
shall be inspected in accordance with the city's "Rental Inspection Policy",
subject to section 5A.303(2).
5A.303 (2)
(a)
(b)
Section 4:
5A.304(1)
(a)
(b)
(c)
Inspections on individual dwelling units shall be required for tenant
occupancy changes under the following conditions;
Dudng each of the past two years that the owner or landlord has applied
for license renewal, they have failed to correct Residential Maintenance
Code violations on a timely basis, as evidenced by two wdtten Compliance
Orders by the Housing Enforcement Officer of the City of Columbia
Heights; or
During the past year, two or more tenant complaints on single
family/duplex/triplex have been received or four or more tenant complaints
on a four-plex or other multiple dwelling have been received and
substantiated (Residential Maintenance Code violations were issued
based on the complaints). Multiple complaints arising out of the same
maintenance problem, which occur within a period of one week, shall be
considered to be one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the Housing
Enforcement Officer will notify the landlord, in writing, that the landlord will
be hence forth required to have the building inspected upon each tenant
occupancy change. It will also be the responsibility of the landlord to
provide a list of current occupants and a 72 hour notification of a new
tenant move-in. The tenant occupancy change inspections shall occur for
a period of one year from the date of notification by the Housing
Enforcement Officer, however, that time shall be extended if any of the
above set forth conditions continue to exist.
Compliance Order
Whenever the Housing Enforcement Officer determines that any dwelling,
dwelling unit or the premises surrounding any of these fails to meet the
provisions of this Ordinance, he/she may issue a Compliance Order setting
forth the violations of the Ordinance and ordering the owner, occupant,
operator, or agent to correct such violations. The Compliance Order shall:
Be in wdting;
Describe the location and nature of the violations of this Code;
Establish a reasonable time not greater than 4 months for the correction of
such violation, except that violations which involve a seasonal hardship
may be granted an additional 2 months to correct by the Housing
Enforcement Officer, provided that in no case can the total time allowed for
correcting said violaton be longer than 6 months; and
Advise the person to whom the notice is directed of the right to appeal;
and
(e
Be served upon the owner of his/her agent or the occupant, as the case
may require. Such notice shall be deemed to be properly served upon
such owner or agent, or upon such occupant, if a copy thereof is:
(1) Served upon him/her personally,
(2)
Sent by certified mail return receipt requested to his/her last known
address, or,
(3)
Upon failure to effect notice through (i) and (ii) as set out in this
section, posted at a conspicuous place in or about the dwelling
which is affected by the notice.
5A.304(2)
Upon correction of all Residential Maintenance Code violations as set forth
in the Compliance Order, the Housing Enforcement Officer shall, upon
request of the owner or landlord, issue a written statement that all
violations have been corrected in accordance with the Columbia Heights
Residential Maintenance Code.
Section 5: Posting to Prevent Occupancy
5A.305(1)
The Housing Enforcement Officer may post any building or structure
covered by this ordinance an being in direct violation of the ordnance
preventing further occupancy. Posting will occur if any owner, agent,
licensee or other responsible person has been notified by inspection report
of the items which must be corrected within a certain stated period of time
and that the corrections have not been made. Current occupants shall
have not more than 60 days to vacate a posted property. Current
occupants shall vacate posted property immediately if such occupancy will
cause imminent danger to the health or safety of the occupants. No
person, other than the Housing Enforcement Officer or his representative,
shall remove or tamper with any placard used for posting. No person shall
reside in, occupy or cause to be occupied any building, structure or
dwelling which has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(1)
When a person to whom a Compliance Order is directed alleges that such
Compliance Order is based upon erroneous interpretation of the
Ordinance or upon a misstatement or mistake of fact, such person may
appeal as set forth in §6.202(1 ).
Section 7: Board of Appeals
5A.307(1)
Upon at least five (5) business days notice to the appellant of the time and
place for headng the appeal and within 30 days after said appeal is filed,
the Board of Appeals shall hold a hearing thereon. All headng notices
shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in
accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
5A.401(1)
No person, firm or corporation shall operate a rental dwelling in the City
without having first obtained a license as hereinafter provided from the
Housing Enforcement Officer. Each such license shall register annually
with the City. If the license in denied, no occupancy of dwelling units then
vacant or which become vacant is permitted until a license has been
issued. Apartment units within an unlicensed apartment building for which
a license application has been made and which units are in compliance
with this Chapter 5A and with §6.202(1) may be occupied provided that the
unlicensed units within the apartment building do not create a hazard to
the health and safety of persons in occupied units.
Section 2: License Procedures
5A.402(1)
Within 180 days after the passage of Chapter 5A, the owner of any rental
unit within the City shall apply to the Housing Enforcement Officer for a
rental housing license in the manner hereafter prescribed.
(a)
Application shall be made on forms provided by the City and accompanied
by the initial fee in an amount set by resolution of the City Council. The
owner of an apartment building or rental home constructed after the date
of passage of this Ordinance shall obtain a license pdor to actual
occupancy of any rental unit therein.
(b Applicants shall provide the following information on license applications:
(1)
Name and address of owner of the rental dwelling and the name
and address of the operator or agent actively managing said rental
dwelling.
(2)
The name and address of the vendee if the rental dwelling is being
sold on a contract for deed.
(3) The address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor
area for each such unit and the total floor area for the building.
(5) The number of paved off-street parking spaces available.
(6)
Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of §5A.303 (1)(d).
(7)
All owners of rental dwellings shall provide telephone access
number(s) to be used in emergency situations, including emergency
maintenance and repair. This requirement shall be a condition
precedent to the issuance of any rental license.
(8)
Such other information as the administrative service shall require.
Said information may include, but is not limited to tenant lists which
include tenants name, unit, and identifying information (i.e. date of
birth, social security number, driver's license number).
(c)
Failure to complete, in full, the required license application shall be
grounds for denial of the license.
Section 3: Application and Inspection
5A.403(1)
When required in accordance with the city's "Rental Inspection Policy" the
Housing Enforcement Officer shall cause an inspection to be made of the
premises to insure that the structure is in compliance with the requirement
of the Code prior to issuance of a Rental Housing License.
Section 4: Issuance of Rental Housing License
5A.404(1)
If the rental dwelling is in compliance with the requirements of the Code, a
license shall be issued to the present owner, occupant or agent shall state
that the structure has been inspected and is in compliance with the
requirements of the Code. The present owner or any agent designated by
the present owner or occupant shall obtain a license. If the City finds that
the circumstances of occupancy following the issuance of the license
involve possible Code violations, substandard maintenance or abnormal
wear and tear, the City may again inspect the premises during the
licensing period.
5A.404(2)
The City may by Council resolution establish a reinspection fee. If a
dwelling unit is not currently licensed, no license may be issued until all
outstanding reinspection fees shall have been paid. If a dwelling unit is
licensed, the license for such dwelling unit shall expire twenty (20) days
after the licensee or his agent is notified of the outstanding reinspection
fees, unless payment is made before the expiration of the twenty (20) day
pedod.
Section 5: License Display
5A.405(1)
A license issued under this Chapter shall be conspicuously displayed on
the rental premises wherever feasible. The licensee shall promptly
produce the license upon demand or a prospective tenant or the Housing
Enforcement Officer or his/her authorized representative.
Section 6: License Transfer
5A.406(1)
The license is transferable upon application to the Housing Enforcement
Officer and payment of the license transfer fee by the prospective owner if
the licensed premises is in compliance with the Code. The license shall
terminate if renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amount of the transfer
shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a pedod of one year. However,
renewal of licenses, as required annually by this Code, may be made by:
(a)
Completing the renewal form furnished to the owner, operator, or agent of
the rental dwelling, by the Housing Enforcement Officer and
(b)
Mailing the renewal form and the required registration fee to the Housing
Enforcement Officer, and
(c)
Successful completion of the Housing Maintenance Code inspection as
required by Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the
above set forth requirements. Further, said renewal or registration may be
made only when no change in ownership, operation, agency or type of
occupancy of the rental dwelling has occurred in the last licensing year.
Section 8: Suspension or Revocation
5A.408(1)
^ license issued or renewed under this section may be revoked or
suspended upon a finding of noncompliance with the provisions of this
Chapter. Reinstatement of a suspended license shall be accompanied by
an amount equal to 50% of the license fee. Issuance of a new license
after suspension or revocation shall be made in the manner provided for
obtaining an initial license.
5A.408(2)
The Council may, for cause, revoke or suspend a license, or take other
action restricting the privileges of a license subject to the following
requirements:
(a)
The City, through its Housing Enforcement Officer, provide the licensee
with a written statement or reasons or causes for the proposed Council
action together with a notice for public hearing.
(b)
The council shall conduct a public hearing on the proposed action and
provide findings of fact and citations to any ordinances or regulations that
have been violated, together with a statement of action taken and the
conditions of any resulting revocation, suspension, or other action
restricting the privileges of the licensee.
(c)
The Housing Enforcement Officer shall forward the findings and statement
of action taken to the person in whose name Said license was issued by
mailing the same to the mailing address indicated on the license
application.
5A.408(3)
A violation of any provision of this chapter or of state law, prescribing
standards of conduct or regulations governing a licensee; the particular
type of business or commercial activity or trade or occupation that is
licensed; or the premises where the licensed activity is conducted; shall be
a prima facie showing of cause for revocation, suspension, or other action
restricting the privileges of a licensee as the council may determine.
5A.408(4)
Nondisclosure, misrepresentation or misstatement of a matedal fact in any
application for a license under this chapter shall be a prima facie showing
of cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
Section 9: License Fees
5A.409(1)
License fees, inspection fees, and reinspection fees shall be established
by Council resolution.
Section 10: Conduct on Licensed Premises
5A.410 (1)
It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined
to be disorderly, in violation of any of the following statutes or ordinances:
(a) MN Stat. §609.75 through 609.76, which prohibit gambling;
(b)
MN Stat. §609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(c)
MN Stat. § 1 52.01 through 152.025, and § 1 52.027, subds. I and 2,
which prohibit the unlawful sale or possession of controlled substances;
(d)
MN Stat. §340A.401, which prohibits the unlawful sale of alcoholic
beverages;
(e)
MN Stat. §609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
Section 10.312 of this code, which prohibits noisy assemblies;
(g)
MN Stat. §97B.021,97B.045, 609.66 through 609.67 and 624.712 through
624.716, and section 10.307 of this code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(h) MN Stat. §609.72, which prohibits disorderly conduct.
(i)
MN Stat. §609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Stat. § 518B.01.
(J)
Violation of laws relating to contributing to need for protection or services
or delinquency of a minor as defined in MN Stat. §260.315.
(k)
Section 8.201 et al. of this Ordinance which relates to animal noises and
public nuisances.
5A.410(2)
The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
5A.410(3)
Upon determination by the Police Chief (Department) that a licensed
premises was used in a disorderly manner, as described in section (1), the
Police Chief (Department) shall notify the licensee by mail of the violation
and direct the licensee to take steps to prevent further violations.
5A.410(4)
If another instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in subsection (3) was
given, the Police Chief (Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of
the actions taken, and proposed to be taken, by the licensee to prevent
further disorderly use of the premises. This written report shall be
submitted to the Police Chief (Department) within 5 days of receipt of the
notice of disorderly use of the premises and shall detail all actions taken
by the licensee in response to all notices of disorderly use of the premises
within the preceding three (3) months. If the licensee fails to comply with
the requirements of this subsection, the rental dwelling license for the
5A.410(5)
5A.410(6)
5A. 410(7)
Article V:
Section 1:
5A.501(1)
premises may be denied, revoked, suspended, or not renewed. An action
to deny, revoke, suspend, or not renew a license under this section shall
be initiated by the City Council at the request of the Police Chief
(Department) in the manner describe( in Sections 5A.408 (1) through
5A.408 (4).
If another instance of disorderly use of the licensed premises occurs within
three (3) months after any two (2) previous instances of disorderly use for
which notices were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked, suspended, or
not renewed. An action to deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City Council at the request of the
Police Chief (Department) in the manner described in Sections 5A.408 (1)
through 5A.408 (4).
No adverse license action shall be imposed where the instance or
disorderly use of a licensed premises occurred during the pendency of
eviction proceedings (unlawful detainer) or within thirty (30) days of notice
given by the licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by other occupants
or guests of the tenant's unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly
use.
A determination that the licensed premises has been used in a disorderly
manner as described in subsection (1) shall be made upon substantial
evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use,
nor shall the fact of dismissal or acquittal of cdminal charges operate as a
bar to adverse license action under this section.
Remedies
Hazardous Building Declaration
In the event that a dwelling has been declared unfit for human habitation
and the owner has not remedied the effects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
Section 2: Secure Unfit and Vacated Dwellings
5A.502(1)
Section 3:
5^.503(1)
Section 4:
5A.504(1)
Section 5:
5A.505(1)
The owner of any dwelling or dwelling unit which has been declared unfit
for human habitation or which is otherwise vacant for a period of 60 days
or more shall make the same safe and secure so that it is not hazardous to
the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall
openings, if unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Failure to Comply
Upon failure to comply with a Compliance order within the time set therein,
and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council, after due notice
to the owner, may by resolution declare the condition to constitute a public
nuisance and cause the cited deficiency to be remedied as set forth in the
Compliance Order. The cost of such remedy shall be a lien against the
subject real estate and may be levied and collected as a special
assessment in accordance with Minnesota Statutes Chapter 429, for
abatement of nuisances and specifically for the removal or elimination of
public health or safety hazards from pdvate property. Any assessment
levied thereunder shall be payable in a single installment. The intent of
this section is to authorize the City to utilize all of the provisions of this
Code and of Minnesota law to protect the public's health, safety and
general welfare.
Remedies Cumulative
Any remedies pursued under this §5A.501 to 5A.503, inclusive, are in
addition to the remedies or penalties prescribed under §5A.601 to 5A.611,
inclusive.
Cost Recovery
The Housing Enforcement Officer shall be authorized to request
reimbursement of expenses related directly to suspension or revocation of
the rental license from the owner of such rental property. Those expenses
which are reimbursable to the City shall include, but not be limited to staff
time directly attributable to the rental license suspension or revocation
action, costs of preparing notices of such action as required under this
ordinance, and reasonable expenses related to delivery or posting of any
and all notices subsequent to a rental license suspension or revocation
until such time as the license is reinstated by action of the City Council.
5A.505(2) Any and all expenses related to rental license suspension or revocation
5A.505(3)
5A.505(4)
5A.505(5)
5A.505(6)
actions which are charged to the property owner shall be due and payable
as of the date of license revocation or within thirty (30) days of being
served notice of such charges, whichever is earlier.
The Council hereby authorizes the assessment of unpaid fees, fines,
charges or expenses authorized by the Residential Maintenance Code
pursuant to the provisions of the Columbia Heights City Charter.
The Clerk shall establish a separate improvement fund for the
administration of Residential Maintenance Code charges.
The costs related to the Residential Maintenance Code shall be certified
annually by the Housing Enforcement Officer to the Clerk for billing,
including a statement describing the land, lots, or parcels involved and the
amount chargeable to each.
On or before August 1 of each year, the Clerk shall bill each property
owner of each affected lot or parcel for their portion of the charges
authorized hereunder plus the reasonable cost of administering the billings
and collection procedures.
The Clerk shall list the total unpaid charges against each separate lot or
parcel to which such charges are attributable on or before September 1 of
each year, for Council action pursuant tothe provisions of this chapter.
Article VI:
5A.601
5A.602
5A.603
Penalties
No person, firm, corporation, or licensee shall own and maintain or operate
or rent to any other person for occupancy any rental dwelling, rental
dwelling unit, or premises in which a rental dwelling unit is located in
violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance
standard.
No person, firm or corporation shall operate a rental dwelling or dwelling
unit without a license issued pursuant to this Chapter or accept rental
payments from a tenant of any unlicensed dwelling or dwelling unit which
payment is for occupancy for a pedod during whiCh the dwelling or
dwelling unit is not license pursuant to this Chapter.
No person, firm, corporation or licensee shall refuse or fail to allow the
Housing Enforcement Officer to enter a dwelling or unit pursuant to an
administrative search warrant for the purposes of inspection when
authorized by this Chapter.
5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a
5A.605
5A.606
5A.607
5A.608
5A.609
5A.610
5A.611
SECTION 2:
Compliance Order validly issued under this Code.
No person, firm or corporation shall give or submit false information on a
license application or any renewal thereof.
No person who is an occupant of a rental dwelling or rental dwelling unit
shall cause a rental dwelling, rental dwelling unit or the premises on which
a rental dwelling unit is located to become in violation of any of the
maintenance standards set forth in Chapter 5A, Article II (§5A.201, et.
seq.), normal wear and tear excepted.
No person shall occupy an unlicensed dwelling or dwelling unit if such
dwelling unit is required to be licensed under this Chapter.
No occupant of any rental dwelling or rental unit shall fail to allow or refuse
entry to the Housing Enforcement Officer, for purposes of inspection when
authorized by this Code.
No person may occupy a dwelling or property posted pursuant to §5A.304.
No person, firm or corporation, including an owner, licensee or occupant,
shall remove or tamper with a placard used for posting property pursuant
to this Chapter.
Any person, firm or corporation who violates or refused to comply with any
of the provisions of this Chapter is guilty of a misdemeanor, unless herein
specifically noted. Upon conviction of said misdemeanor they shall be
subject to a fine of not more than seven hundred dollars ($700.00) or to
imprisonment not to exceed ninety (90) days, or both, for each offense.
Each day that a violation exists shall constitute a separate offense.
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:
Jo-Anne Student, Council Secretary
Mayor Gary L. Peterson
CITY COUNCIL LETTER
Meetinll of: July 12~ 1999
AGENDA SECTION: Consent ORIGINATING DEPT.: .~e-,.~ CITY MANAGER
NO: ~ Community Development~/~ APPROVAL
NO: Case#9907-25, 1165 50e" Avenue NE DATE: July7, 199~ '
Issue Statement: This is a request for a variance of two (2) feet to allow a 424 square foot addition onto the back of an
existing 480 square foot attached garage at 1165 50"' Avenue NE.
Background: The variance request pertains to Section 9.107(4) of the Columbia Heights Zoning Ordinance which
requires a minimum seven (7) foot side yard setback for principal structures in the R-l, Single Family Residential zoning
district. The proposed addition will extend along the same building line as the existing garage which encroaches into thc
required seven (7) foot side yard setback by roughly two (2) feet. With the exception of the side yard setback
requirement, the proposal meets the minimum requirements of the Zoning Ordinance. As mentioned earlier, the existing
house and garage do not meet the side yard setback requirements. Note that the structure was built in 1958, prior to the
adoption of these regulations, so it is considered legally nonconforming.
Analysis: Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of
narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or
location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary
and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be
established. The topography of the lot is such that the garage addition could be built at the five foot setback with the
addition of little or no fill. However, if the same addition were constructed at the required seven foot setback, it appears
that fill would need to be brought in which could partially block one of the windows to the basement. Please refer to the
attached copy of a photograph to see the topographic features of the site. In summary, the existing topography of the
property is better suited for constructing the addition at the five foot setback rather than the required seven foot setback. It
is staff's opinion that topography of the lot creates a legitimate hardship on which to base a variance approval.
Note that a letter has been submitted by the neighboring property owner at 1145 50"' Avenue NE stating that she does not
object to the variance application (attached). Also, staff researched setback information for ten properties within the same
block as the subject property. Of these ten properties, seven of the principal structures were constructed at a five foot
sethaek for at least one of the side yards.
Attachments: Staff Report; Completed application form; Survey; Copy of a picture of the back of the house; Option 1;
Option 2; Letter.from neighbor; Area Map; and, Public Notice
Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on July 6, 1999. They
voted to recommend City Council approval of the variance because topography on the property creates a hardship. Also,
considering that seven of the ten properties in this area had five foot side yard setbacks, staffrecommends that the
appropriateness of the seven foot side yard setback requirement in the R-1 District be evaluated as part of the Zoning
Ordinance rewrite process.
Recommended Motion:
Move to approve the variance of two feet at 1165 50"' Avenue NE because topography on the property creates a hardship.
COUNCIL ACTION:
Case= 9907-25
Page= 1
STAF~ REPORT TO ~ PLANNING AND ZONING COMMISSION
FORTm~ JULY 6, 1999 I~'BLIC HEARING
Case #: 9907-25
GENERAL INFORMATION
Omler:
Address:
Phone:
Robert Nilsson and Meredith Wu
1165 50'" Avenue NE
Col-mbia Heights, MN
(612) 572-9311
Applicant:
sRm¢
Pnrcel Address: 1165 50a Avenue NE
Zoning: R-1 Single Family Residential
Comprehensive Plan: LDIL Low Density Residential
Surronnding Zoning
and Land Uses:
Zoning
North: R-1
South: R-1
East: R-1
West: R-1
Land Use
North: Residential
South: Residential:
East: Residential
West: Residential
~ACKGROUND
Explanation Of Request:
This is a request for a variance to Section 9.107(4) of the Columbia Heights Zoning Ordinance
which requires a minimum seven (7) foot side yard setback for principal structures in the R-l,
Single FamilY Residential zoning district. The request is for a variance of two (2) feet to allow a
424 square foot addition onto the back of an existing 480 square foot attached garage at 1165 50*
Avenue NE. Note that the proposed addition will extend' along the same building line as the
existing garage which encroaches into thc required seven (7) foot side yard setback by roughly
two (2) feet.
Case HiswrF:
There are no previous Planning and Zoning Commission cases on thissite.
Ca~: 9907-25
Page: 2
ANALYSIS
Surrounding Property:
The surrounding property in all four directions is zoned R-l, Single Family Residential, and is
used residentially.
Technical Review:
Section 9.107(4) of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard
requirements in the R-1 District, and Section 9.104(5) regulates accessory structures.
Requirements are as follows.
· Minimum lot size shall be 8,400 square feet - the subject property is 10,800 square feet
which meets this requirement.
· Minimum lot width shall be 70 feet - the subject property is 80 feet wide which m~ts this
requirement.
· Front yard shall be a minimum of 25 feet - the existing house meets this requirement.
· Rear yard shall be at least 30 feet - the existing house and proposed addition me~t this
requirement.
· Side yard shall be at least 7 feet - the existing house is slightly over five (5) feet from thc
west side yard and roughly 6 feet from the east side yard which does not meet this
requirement.
· An accessory structure shall be considered an integral part of the principal building if it is
connected to the principal building.
· For single-family homes, no accessory structures, including attached garages, or any
combination of accessory structures shall exceed 1,000 square feet - the existing garage is
480 square feet and the proposed addition is 424 square feet which totals 904 square feet
and there is an existing 96 square foot shed on the property for a total, of 1,000 square feet
which meets this requirement.
· Any lot over 6,500 square feet may have a lot coverage of up to 30% - the existing lot
coverage on the property is 17.3% and the lot coverage with the proposed garage addition
is 21.2%, so the proposal meets this requirement.
With the exception of the side yard setback requirement, the proposal meets the minimum
requirements of the Zoning Ordinance. As mentioned earlier, the existing house and garage do
not meet the side yard setback requirements. Note that the structure was built ih 1958, prior to
the adoption of these regulations, so it is considered legally nonconforming. Section 9.104(3) of
the Ordinance states that normal maintenance of a nonconforming structure is permitted,
provided it does not extend or intensify the nonconformity. The proposal, will not fia-~er
encroach into the setback, but considering that the garage will be expanded, the nonconformity
will be intensified, so a permit can not be granted without approval of a variance.
Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by
reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography,
soil conditions, tree number or location or water conditions the owner of such lot would have an
Case: 9907-25
Page: 3
undue hardship in using his lot in a manner customary and legally permissible within the rules of
the ZOnin~ district." In order..for a variance to be granted, hardship needs to be established.
The topography of the lot is such that the garage addition could be built at the five foot setback
with the addition of little or no fill. However, if the same addition were constructed at the
required seven foot setback, it appears that fill would need to be brought in which could partially
block one of the windows to the basement. Please refer to the attached copy of a photograph to
see the topographic features of the site. In summary, the existing topography of the property is
better suited for constructing the addition at the five foot setback rather than the required seven
foot setback. It is staff's opinion that topography of the lot creates a legitimate hardship on
which to base a variance approval.
The addition could be constructed without a variance at the required setback, but it would need to
be off-set from the existing structure. The applicant has prepared a plan illustrating this layout,
labeled as Option 2. This option is not desired by the applicant because the addition would not
be ss functional with the off-set as it would with a straight building line, and the appearance
would also be diminished. The addition would possibly require the removal of a bedroom
window as well as the basement window if constructed at the seven foot setback. Should the
variance be denied, the applicant would not need to construct the addition as shown on Option 2.
It could be redesigned so that the eastern wall of the addition were aligned with the eastern wall
of the existing garage which would eliminate the need to remove any windows. However, this
would not meet the needs of the applicant as well as the design proposed in Option 1.
Note that a letter has been submitted by the neighboring property owner at 1145 50t~ Avenue NE
stating that she does not object to the variance application (attached). Also, staffresearched
setback information for ten properties within the same block as the subject property. Of these ten
properties, seven of the principal structures were constructed at a five foot setback for at least one
of the side yards.
Compliance with City Comprehensive Plan:
The City Comprehensive Plan designates this area for low density residential development,
which includes one and two family dwellings. This proposal does not impact the goals and
objectives of the Comprehensive Plan.
The positive aspects of this proposal are as follows:
1. The proposed addition will remain along an established building line and will not further
encroach into the side yard setback.
2. The variance would allow the addition to be constructed in a manner that is more
functional than if it were constructed at the required seven foot setback.
The negative aspects of this proposal are as follows:
1. The proposed addition will intensify and extend a nonconforming structure.
Case: 9907-25
Page: 4
CONCLUSION
Staff Recommendation:
Considering that the five foot setback is consistent with a majority of the properties in the
surrounding area, and because the existing topography of the site is better suited for constructing
the addition at the five foot setback, staff recommends approval of the variance. Also,
considering that seven of the ten properties in this area had five foot side yard setbacks, staff
recommends that the appropriateness of the seven foot side yard setback requirement in the R-1
District be evaluated as part of the Zoning Ordinance rewrite process.
Recommended Motion:
Move to recommend City Council approval of a variance of two feet at 1165 50~ Avenue NE
because topography on the property creates a hardship.
· Completed application form; Survey; Copy of a picture of the back of the house; Option
1; Option 2; Letter from neighbor; Area Map; and, Public Notice
- "-,pl:Lca,ion For:
Variance
Pcivacy ~ence
¢ond£tioual Use Pe~it
Subdivision Approval
$i~e Plan Approval
Other
. CITY OF COLU~XA HEIGHTS
RECEIVED
,JUN 14. 1999
COMMUNITY DEVELOPMEN'I
A~lica~£ou DaCe~
Case
leceipt
1. Street Address of Subject
2. Legal Descrip,ion o£ Subjec,'
3. Applican~
Address: ~1~" ~or~ ~
Description o~ ~equest=
e
ZoninR**
Applicable Ci,7 Ordinance Number
Zon'- ' [Z.-
Proposed Zoning
Proposed Use
8. Exhibits Submi,ted (maps. diagrams.
¸9.
Acknowled~aent and Siena,ute: The unders£~ned hereby represents upou all, of the
penalties of law. fo~ the purpose of inducin~ the City of Columbia Heights to take the
ac,ion herein reques,ed, tha, all s,a,eaen,s herein are true and that all work herein
aentioned will be done in accordance with ,he Ordinances of ,he Ci,y o~ Columbia Heigh, s
and the laws of the State of~linneso~a. ~r~
·
Taken By:
IIII I _ III
Certificate of Survey
for Robert Nelson
5.4: ..... L
, J
Scale: l'm..,~O°
Property Oescr~t~n
Lot 1~3. Block-10. blATHAIRE
Anoko CoUnty. bl~ta
50th Avenue NE
Mattke Engineering. Inc.
7671 Central Avenue NE
F rk~-y. MN 55452
I herM)y certify that this ~urw~y wa~ prepared
by me o~ under my drect '~upervision. ~n(~
that I am- a duly R,e~t~ed' Land Surveyor
under the law8 of the state-o! Minnesota.
Tedd W. Idattlee, RLS
Date: ~'//~//?? Uinn. Reg. No, 15612
:~-'~'~ .~dress mo~ ~N~ 1/4 SectiOn 25
i
~F~
F~.~ + t" -.#x!
CITY OF COLUMBIA HEIGHTS
.~90 40TH A~VENUE N.~'., COLUMEIA HEIGHTS, MN 55A21-3878 (612) '782-2800 TDD 782-2806
Memb~-.
Tom Ramsde//, Cha/r
Marlaine Szurek
Rory Franzen
Kevin Hanson
Ted Yehle
PLANNING AND ZONING COMMISSION
.- NOTICE OF PUBLIC HEA N6
Notice is hereby given that the Planning and Zoning Commission will conduct a public headng
in the City Council Chambers of City Hall, 590 40t" Avenue NE, at 7:00 PM on Tuesday, July 6,
1999. The order of business is as follows:
A request for Vadance to Section 9.107(4) of the Columbia Heights Zoning
Ordinance which requires a minimum seven (7) foot side yard setback in the
R-l, Single Family Residential zoning district. The request is for a Variance of
two (2) feet to allow a 424 square foot addition onto the back of an existing 480
square foot attached garage at 1165 50~ Avenue NE. The proposed addition will
extend along the same building line as the existing garage which encroaches
into the required seven (7) foot side yard setback by roughly two (2) feet.
Notice is hereby given that all persons having an interest will be given an opportunity to be
heard.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
jh
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 activffies. 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 or headng impaired only.)
THE; CITY OF COL. UMSIA HEIGHTS DOES NOT DISCRIMINATE; ON THE; BASIS OF' DISABILITY IN E;MPI-OYME;NT OR THE; PROVISION OF SE;RVICE;S
EOUA~ OPPORTUNITY EMPLOYER
CITY COUNCIL LETTER
Meeti:n~ of: JULY 12~ 1999
AGENI?4 SECTION: CON~ENT AOENDA~ ORIGINATING DEPT.: CITY MANAGER
ITEM: RFP FOR TELECOMMUNICATIONS BY: WILLIAM ELR1TE BY:
NO: SYSTEM /,~' ~ = ~a~ DATE: 07/06/99 DATE:
The City's telecommunications system is old, fails frequently and is not Year 2000 compliant. Based on this, it was staff's
recommendation to pursue obtaining a new telecommunications system prior to Year 2000. Elert & Associates were hired by the
City to provide telecommlmications consultiI!g services, as authorized by the City Council at its February 8, 1999 meeting. Since
that time, Elert & Associates have completed Phase 1 of the project, that being a Needs Assessment & System Review, including
thorough interviews with staff and inspections of current equipment. Based on theft findings, they presented a telecommunications
report to staff outlinin~ their recommended specifications for a new telecommunications systeI~ Staff reviewed these findings and
after malHng minor modifications, approved Elert & Associates to prepare a RFP for a new telecommunications system. Elert &
Associates have prepared said RFP and it has been reviewed by staff and the City Attom~, both of whom have approved it. At this
point, the RFP would need to be published, a vendor meeting setup for prospective vendors, and the proposals from vendors would
need to be reviewed, compiled and presented to City staff.
Staff is recommending that the City Council authorize Elert & Associates to publish the RFP for a new telecommunications system
and receive and compile proposals from vendors to said RFP for presentation to City staff.
Recommended Motion: Move to authorize the City's telecommunications consultants, Elert & Associates, to publish and distribute
the RFP for a new telecommunications system and receive and compile responses to said RFP.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: July 12, 1999
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
CONSENT AGENDA APPROVAL
NO: ~ Fire .
ITEM: Establish Hearing Dates BY: Dana Alexon BY:
License Revocation, Rental Properties
NO: Wit "4' q DATE: July 6, 1999 DATE:
Revocation or suspension of a license to operate a rentalproperty within the City of Columbia Heights is requested
against the following owners regarding their rental property for failure to meet the requirements of the Housing
Maintenance Codes.
1. Greg Heinen ................................. 1020 44t~ Avenue.
2. Joe Bazzett ................................... 4514-4516 Fillmore Street.
3. Kunal Kamran ................................ 2215 45th Avenue.
RECOMMENDED MOTION: Move to Establish a Hearing Date of July 26,1999 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Gree lteinen at 1020 44th
Avenue.
RECOMMENDED MOTION: Move to Establish a Hearing Date of August 9, 1999 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Joe Bazzett
at 45144516 Fillmore Street.
RECOMMENDED MOTION: Move to Establish a Hearing Date of August 9, 1999 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Kunal
Kamran at 2215 45th Avenue.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: July 12, 1999
AGENDA SECTION: ORIGINATING DEPT.:~ CITY MANAGER
NO: License Department ~-~ APPROVAL
ITEM: License Agenda BY: Kathryn Pepin
NO: DATE: July 9, 1999
Attached is the July 12, 1999 agenda for businesses licenses. All applications are
for Contractor Licenses.
P~COt~DED MOTION~
Move to approve the items as listed on the business license agenda for July 12, 1999.
COUNCIL ACTION:
TO CITY COUNCIL July 12, 1999
*Signed Waiver Form Accompanied Application
II
1999 BUSINESS LICENSE AGENOA
APPROVED BY
BUILDING OFFICIAL
#
~QNTRACTORS
*Blue Earth Environmental Co., Inc.
*Crosstown Sign, Inc.
*Delco Roofing & Sheet Metal
Four Season Construction Co., Inc.
*Frost Enterprises
*Hauenstein and Burmeister, Inc.
*Labor All
*Lopez Mechanical
*Mark Nord Masonry.
*Zellmer Masonry
ADORESS
200 West Ruby
10166 Central Ave. N.E.
15525- 32~ Ave. N.
P.O. Box 32033
420 Tood St., Dayton, Ohio
2629- 30~ Ave. S.
4110 Central Ave.,
4307 Nicolist Ave.
3988 Jackson St. N.E.
6818 Ideal Ave. S.
FEES
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
CITY COUNCIL LETFER
AGENDA SECTION:
NO: ~
ITEM:
NO:
Meeting of.' Jul,/12, 1999
CONSENT
Approval of Rental Housing License
Applications ~" ~
ORIGINATING DEPARTMENT:
Fire
BY: Dana Alexon
DATE: July 7, 1999
CITY MANAGER
APPROVAL .[
BY:
Approval of the attached list of rental housing license applications, in that they have met the requirements of the
Housing Maintenance Code.
COUNCIL ACTION:
.To: , Walt Fehst, City Manager
From: Dana Alexon
Re: Rental Housing Licenses
Date: 07/07/1999
Date of Council Approval:
Date Pdnted:
Date Sent:
The owners of the following rental properties have complied with the re-licensing and/or licensing requirements
of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next
council agenda for approval.
Columbia Heights Fire Dept
Permit #
Occupan¥ I.D. Property Owner Name Property Address
20200 Grace & Truth Chapel 4343 2nd Street F3570
30037 Irving Bassin 543 40th Avenue F3421
12099 Phyllis Birch 1701 37th Avenue F3575
12006 Todd Bmman 3879 Polk Street F3554
12040 Leslie Burchett 3747 2nd Street F352t
12182 Jeffrey Caine 1343 Circle Terrace F3553
20415 Walter Caughey 3959 Polk Street F3602
12051 Mostafa Chatmei 3800 Tyler Street F3663
30033 Tim Chies 950 39th Avenue F3416
12143 Kimberly Dahline 4315 Main Street F3689
12039 Richard Deering 3824 3rd Street F3522
30055 Martha Demetrioy 1400 47th Avenue F3434
20274 William Dombrowsky 4427 Main Street F3644
07/07/199 11:29 Page 1
Columbia Heights Fire Dept
Property Address
Permit #
Occupan¥ I.D. Property Owner Name
12052 Nathan Duncanson 4803 7th Street F3496
12011 Rita Egan 607 38th Avenue F3457
30138 Arnold Elmquist 4927 University Avenue F3408
30155 Arnold Elmquist 4935 University Avenue F3409
20018 David Engebretson 218 42nd Avenue F3489
12204 Joel Fantle 3982 Tyler Street F3563
30148 William Fink 4657 Tyler Street F3532
12027 Dale Frenzel 3732 3rd Street CRD381
12027 Dale Frenzel 3732 3rd Street F3609
20085 Lawerence Garner 3712 2nd Street F3560
12042 Jennifer Gorka 1230 Circle Terrace F3540
30051 Bernard Gulland 970 43-1/2 Avenue F3680
30060 Paul Haines 4225 Central Avenue F367t
30152 Paul Haines 4229 Central Avenue F3672
12089 Anthony Hamrin 4534 Fillmore Street F3712
12068 Diaa Hassan 4317 3rd Street F3520
30139 Vernon Hoium 5025 University Avenue F341t
12054 Jerald Janson 1268 Circle Terrace F3302
07/07/199 11:29 Page 2
Columbia Heights Fire Dept
Permit #
Occupan¥ I.D. Property Owner Name Property Address
30077 Connie Johnson 4550 Madison Street F3558
30115 Douglas Jones 4615 Tyler Street F3524
30079 NancY Jordan 4557 Madison Street F3535
20115 Dwight Jotblad 1116 45th Avenue F3523
12021 John Kimmes 4243 2nd Street F3569
30036 Ruth King-Smith 539 40th Avenue F3424
12047 Matt Kraft 3830 Reservoir Boulevard F3529
20147 Leroy Kuglin 1319 Circle Terrace F3686
30016 David Lasky 4322 3rd Street F3397
20021 Mark Lewis 1154 Cheery Lane F3658
10046 Britt Lundgren 1324 42nd Avenue F3541
30116 Mary Marth 4619 Tyler Street F3552
20044 Edwin Matthes 5229 7th Street F3467
10081 Kevin McGinnity 4432 2nd Street F3556
10080 Vern Nordahl 2106 41st Avenue F3616
12018 Richard Olin 5218 Washington Street F3477
10008 James Pastuszak 3933 Reservoir Boulevard F3544
12128 Shirley Poore 4533 University Avenue F3633
07/07/199 11:29 Page 3
Columbia Heights Fire Dept
Permit #
Occupan¥ I.D. Property Owner Name Property Address
12093 Darell Reed 4524 Fillmore Street F3619
20168 Jessie Rudensky 4534 Washington Street F347'1
30118 Lloyd Sathre 4625 Tyler Street F3547
12064 Alvin Schubkegel 2012 43rd Avenue F3551
12081 Laurence Schultz 4630 Washington Street F3562
12024 Robert Smieja 4307 2nd Street F3620
10002 Thevendra Thuraisingham 1000 41st Avenue F3567
12121 Joseph Yang 3902 Reservoir Boulevard F3528
20002 Mark Youngren 3816 3rd Street F3539
10033 Walter Zickermann 3800 3rd Street F3531
10052 Robert Zschokke 3823 Polk Street F3483
Dana ^lexon, Assistant Fire Chief
07/07/199 11:29 Page 4
BRC FINANCIAL SYSTEM
07/09/1999 10:10:15
FUND RECAP:
FUNI> DESCRIPTION
101
201
2O5
204
2O5
213
225
235
~--.4o
25O
402
415
601
602
603
609
651
652
701
710
720
880
881
883
884
885
S87
GENERAL
COMMUNITY DEVELOPMENT FUND
F:'ARKVIEW VILLA NORTH
ECONOMIC DEVELOPMENT AUTH
SECTION 8
STATE AID MAINTENANCE
PARKVIEW VILLA SOUTH
CABLE TELEVISION
RENTAL HOUSING
LIBRARY
COL HGHTS AFTER SCHOOL ENRI
STATE AID CONSTRUCTION
CAPITAL IMPROVEMENT - PIR
WATER UTILITY
SEWER UTILITY
REFUSE FUND
LIQUOR
WATER CONSTRUCTION FUND
SEWER CONSTRUCTION FUND
CENTRAL GARAGE
ENERGY MANAGEMENT
DATA PROCESSING
PERMIT SURCHARGE
CONTRIBUTED PROJECTS-REC
CONTRIBUTED PROJECTS-GEN
INSURANCE
ESCROW
INVESTMENT TRUST
FLEX BENEFIT TRUST FUND
TOTAL ALL FUNDS
BANK RECAP:
BANK NAME
BANK CHECKING ACCOUNT
iTOTAL ALL BANKS
Check History
DISBURSEMENTS
804.75
8,014.07
55.00
11,157.11
1,915.48
1,152.85
8.190.01
2.202.06
2.200.00
1.275.78
2.561.~
580.585.47
5.570.00
585.00
8.514.18
845.65
4,825.8~
1,285.81
7,4&2.17
215,556.25
600,000.00
6,110.30
1,405,211.02
DISBURSEMENTS
1,405,211.02
1,405,211.02
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 1
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
ALL SAINTS BRAND DISTRIB
ANDRES/JEAN
AWSUMB/DAWN
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
BRAY,NORTH PARK F'TO/L. IZ
CHISAGO LAKES DISTRIBUTI
COCA-COLA BOTTLING MIDWE
CROTTY/KAREN
DAVES SPORT SHOP
DEl MITCHELL/I)ESIREE
EAGLE WINE COMPANY
EAST SIDE BEVERAGE CO
EMF'
FEHST/WALTER
GAGNON/GREGG
GENUINE[ PARTS/NAPA AUTO
GRIGGS-COOPER & CO
HANSEN/KEVIN
HOHENSTEINS INC
JOHNSON BROS. LIOUOR CO.
JOHNSON PAPER & SUPPLY C
KALLESTAD/GARY
KUETHER DIST. CO.
LINNGREN/MATT
MARK VII DIST.
MCGHEE--FETZER/JANICE
MINNEGASCQ
NSP
NEEDHAM DISTRIBUTING CO
NORTH STAR ICE
OLSON/CHARLQTTE
F'ARTS PL. US
PAUSTIS & SONS
F'EDERSEN/SHELLY
F'EPSI-COLA-7 UP
F'ETTY CASH '- GARY BRAATE
PETTY CASH - KAREN MOELL
F'ETTY CASH -- MARY DUGDAL
PHILLIPS WINE & SPIRTS
PINNACLE DISTR
PRIOR WINE
~IUAL. ITY WINE & SPIRITS
SEH
SIGN LANGUAGE & GOLDEN A
STAR TRIBUNE
TARGET STORES-ACCTS REC
79785 624..15
79786 45.00
79787 7.00
79788 989.77
7978~ 17~284.21
79790 26.15
79791 2,9~1.,90
79792 960..70
7979~ 21.00
79794 127.80
79795 61.00
79796 451.85
79797 55~697.70
79798 159.90
79799 85~.58
79800
79801 106.64
79802 58~214.11
79805 ~9.58
79804 12~589.65
79805 7,855.65
79806 574.81
79807 49.99
79808
79809 105.24
79810 55~902.61
79811 57.26
79812 2~791.77
79815
79814 ~69.00
79815
79816
79817 108.~8
79818 81.00
79819 119.00
79S20 47~,,55
79821 57.69
79822 46.24
79825 15~.46
79824 6~245.79
79825 142.90
79826 6,524.92
79827 15,625.6.7
79828 56~.00
79829 6,.59
798~0 122.64
79851
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL. LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 2
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
THIBAULT/MOLLY
TRENCH/DORTHA
WINE COMPANY/THE
WINE MERCHANTS
WORLD CLASS WINE
YUREKO/CAROLE
ABLE PROPERTY MANAGEMENT
ACCAP
ANDERSON/ROLAN E
APACHE VILLAGE APT-CONSO
BALLENTINE/BRUCE G
BELLAND/LORETTA
BERG PROPERTIES
BERG/LOIS
BL.AHNIK/VANCE
BOETTCHER/LARRY
CADIEUX/RONALD
CERIC/NEDZAD
[]HIES/DON
CHRISTENSEN/RICHARD
CREST VIEW LUTHERAN HOME
CROCKETT/JAMES
DALSETH/MARILYN
DEMEULES/LISA
DUCKWORTH/GINGER
EGGE/JAMES
ELM~UIST/ARNOLD C
FANG/KWEI-WU
FENNE/AVERY
FINDELL/DONALD
FL. OI)IN/MARVIN
GROMEK/THOMAS
GULLAND/BERNARD
GURLEY/DORIS
NANSEN/EDWIN & DOROTHY
HANSON/CLARENCE
HANSON/DENNIS
HINDS/MELBOURNE R
HINES/GORDON E
HOIUM/VERNON S
IVES/MICHELLE
JONES/DOUGLAS
~ORGENSON/LEE ANN
KHAN/MUJTABA
KL. EINMAN REALTY CO
KOSTER/KENNETH
KOWALZEK/HARVEY
79852 18.00
79855 117.58
79854 246.12
79855 780.85
79856 520.80
79857 59.00
79858 2&9.00
79859
79840 265.00
79841 516.00
79842 455.00
79845 57.00
79844 959.00
79845 ~72.00
79846 851.00
79847 1~528.00
79848 505.~
79849
79850 541.00
79851 811.00
79852 156.00
79855 508.00
79854 1~049.00
79855 17.00
79856 656.00
79857 52~.00
79858 665.00
79859 525.00
79860 650.00
79861 594.00
79862 245.00
79865 665.00
79864 548.00
79865 71.00
79866 560.00
79867 440.00
79868 555.00
79869 566.00
79870 646.00
79871 249.00
79872 58.00
79875 24.00
79874 1.00
79875 544.00
79876 155,.00
79877 547.00
79878 1~768.00
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 5
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
LANGE/DAVE & KATHY
LARSON/DANIEL W
LARSON/SUSAN
LASKY/DAVID
LEWIS/MARK
LUDEMAN/IVAN D
MIDWEST MANAGEMENT-CONSO
MILLER/NORENE
MODELi./F'AUL
NIZNIK/KATHIANNE
NOVAK/THEODORE & NANCY V
PETERS PLACE INVESTMENTS
PING/LUU
PS HOLDINGS
RIFAI/MAHMOUND
SATHRE/ALICIA M
SATHRE/LLOYD H
SHOKEIR/MOHAMED
SKALICKY/JAMES
STAUCH/LELAND
SWANSON/BRADLEY J
THOMPSON/JEROME K
TOWNHOUSE-APT MANAGEMENT
TRISKO/FRANK
UTKE F'ROPERTY MANAGEMENT
VALTIERREZ/MARIO
VAN BLARICON/STANLEY
W F BAUER CONSTRUCTION
WAKEMAN/LARRY GENE
YANG/JOSEPH
YOUNGREN/DAWN
ZICKERMANN/LORI
ZICKERMANN/WALTER
AFFINITY PLUS FEDERAL CR
FIRST COMMUNITY CREDIT U
HEALTH PARTNERS
ICMA RETIREMENT TRUST 45
K~S MECHANICAL INC
MEDICA CHOICE
MEDICA SENIOR
MN CHILD SUPPORT PAYMENT
NORWEST BANK - PAYROLL A
ORCNARD TRUST COMPANY
PERA
PERA -DEFINED CONTRIBUT
PERA POLICE RELIEF CONSO
PUBLIC MANAGERS ASSOCIAT
79879 564.00
79880 2~5.00
79881 750.00
79882 522.00
79885 489.00
79884 1~122.00
79885 458.00
7988~ 197.00
79887 2~522.00
79888 25.00
79889 529,00.
79890 4~725.00
79891 509.00
79892 292.00
79895 500.00
79894 459.00
79895 1~584.00
79896 ,455.00
79897 408.00
79898
79899 7~8,00
79900 564.00
79901 1~546..00
79902 418.00
79905 720.00
79904 140.00
79905 557.00
79906 105.00
79907 287.00
79908 548..00
79909 511.00
79910 5.00
79911 500.00
79915 72,5.00
79914 1~570.00
79915 17~108.96
79916 8~026.18
79917 5~400.00
79918 24~755.40
79919 1~089.00
79921 154~001.70
79925 25~540.40
79924 90.00
79925 411.80
79926 40.00
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 4
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
UNION 520
UNITED WAY
WYANDOTTE COUNTY COURT H
DELTA DENTAL
ABLE[ HOSE: & RUBBER INC
ADVANCED DIGITAL SOLUTIO
AIR TOUCH CELLULAR
AWSUMB/DAWN
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
BRADLEY REAL ESTATES INC
BRII.EY/SHARI
[.'HILDS/L.ORAINE
COLUMBIA HEIGHTS I
COMMUNITY UNITED METHODI
CSI ERGONOMICS
[;UB FOODS
DELEOARD TOOL CO.
DETTMAN/~lUDY
FOLKMANIS INC
GABL..E/~IOY
GAGNON/GREGG
GENUINE PARTS/NAPA AUTO
HANSEN/KEV I N
IKON OFFICE SOLUTION
KENDALL/JANET
KLOSS/MARY
LINNGREN/MATT
LOADER/REBECCA
M.A ASSOCIATES INC
MEDICINE LAKE TOURS
MELROSE PYROTECHNICS
MINNEAPOLIS PUBLIC HOUSI
MINNESOTA BRASS INC DRUM
MINNESOTA TWINS
MN DEPT OF LABOR & INDUS
NORSEMAN AWARDS & ENGRAV
NORTHERN STATES POWER
OLSON/KELLY J
PETERS PLACE INVESTMENTS
PINNACLE DISTR
PRECISION PAVEMENT MARKI
SCHMI DT/~IEANINE M
ST PAUL--WC/THE
STAR TRIBUNE
SZUREK/MARLAINE
TOM'S MECHANICAL MUSIC
79927 986.00
79928 46.(~
79929 150.00
79950 1~815.45
79952 22.69
79955 1~902.06
79954 90.28
79955 5.00
79956 74.00
79957 4~589.95
79958 10~189.96
79959 17.02
79940 501.00
79941 4.520.97
79942 1~700.00
79943 19.75
79944 556.62
79945 28.25
79946 59.00
79947 221.57
79948 59.00
79949 40.00
79950 200.72
79951 55.68
79952 517.10
79955 59.00
79954 5..07
79955 8.74
79956 44.82
79957 54.09
79958 1~585.50
799.59 ~000.00
79960 7~998.20
79961 500.00
79962 50.00
79965 45.00
79964 74.55
79965 50.28
79966 3.72
79967 12.00
79968 101.65
79969 11~776.75
79970 3.35
79971 7~462..17
79972 1~705.04
79973 224.40
79974 500.00
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 5
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
TUBBS/MARSHA
U S WEST COMMUNICATIONS
NORTHEAST STATE BANK
ACE HARDWARE
ACME TYPEWRITER
AIR TOUCH CELLULAR
ALL SAINTS BRAND DISTRIB
AMERIPRIDE
ANOKA COUNTY LIBRARY
ARAMARK
ASPEN EQUIPMENT
ASPEN MILLS. INC.
BAKER & TAYLOR
BAKER & TAYLOR ENTERTAIN
BANYON DATA SYSTEMS
BARBARA-LEONARD
BARNA GUZY & STEFFEN LTD
BATTERIES PLUS
BAUER BUILT TIRE & BATTE
BEAR COMMUNICATIONS INC
BITUMINOUS ROADWAYS. INC
BLUEMELS TREE SERVICE
BONESTRO0 ROSENE ANDERLI
BOOK WHOLESALERS INC
BOOKMEN INC/THE
BRASS TACKS NETWORK INC
BRAUN INTERTEC CORP
BRODART
CAPITOL FURNITURE SALES
CARLSON TRACTOR
CENTRAL STORES
CHEMSEARCH
CHISAGO LAKES DISTRIBUTI
CITY PAGES
CITY WIDE LOCKSMITHING
CLARK FOODSERVICE INC
CLEVELAND COTTON PRODUCT
COCA-COLA BOTTLING MIDWE
COLUMBIA HEIGHTS RENTAL
COLUMBIA HOTS-FRIDLEY KI
COMELEX SUPPLY INC
COMPUTER SYSTEM PRODUCTS
CONSTRUCTION BULLETIN
CREST VIEW LUTHERAN HOME
D ROCK CENTER
DALCO ENTERPRISES INC
DEMARS SIGNS
79975 17.11
79976 441.16
79977 600.000.00
79979 46.58
79980 67.90
79981 127..37
79982 257.95
79985 75.27
79984 5~150.55
79985 150.64
79986. 32.60
79987 1.128.30
79988 41.2.36
79989 305.05
79990 1~205.47
79991 258.55
79992 15~561.00
79995 18.52
79994 417.82
79995 152..20
79996 4~609.41
79997 7~817.57
79998 219.00
79999 115.06
8000O 145.11
80001 2.4~8.75
80002 2~200.00
80005 29.72
80004 1~121.02
80005 242.29
80006 155.77
80007 97.75
80008 5.495.55
8O0O9 420.00
80010 15.85
80011 419.99
80012 462.54
80013 329.39
80014 48.73
80015 500~00
80016 167.18
80017 685.70
80018 234.90
80019 10~931.13
80020 85.15
80021 103.93
80022 170.40
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/].2/99 COUNCIL LIST BREAKDOWN
CITY ~OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 6
BANK VENDOR
CHECK NUMBER AMOUNT
BANi( CHECKING ACCOUNT
DEMCO
DEMCO MEDIA
DEPT OF COMMERCE -NOTRN
DIAMOND VOGEL PAINTS
DL.I' SOLUTIONS
DON'S APPLIANCE
DOYLE[ LOCK SUPPLY
lEAST SIDE BEVERAGE CO
EDUCATORS PROGRESS SERVI
EMBEDDED SYSTEMS
EMP
ENGLER/MARY JO
EVANGELINE SPECIALTIES
FACTORY MOTOR PARTS INC
FLEX COMF'ENSATION~
FRIDLEY-CO[.UMBIA HEIGHTS
F'RIDLEY/CITY OF
FRIENDLY CHEVROLET GEO,
G & K SERVICES
GLENWOOD INGLEWOOD
GLOBAL. COMPUTER SUPPLIES
GOODIN CO.
GRIGGS--COOPER & CO
GUTKAES/KAREN
HACH COMPANY
HANKS SPECIALTIES
HEIGHTS ELECTRIC INC.
HOHENSTEINS
HOME DEPOT #2802
HOOVER WHEEL ALIGNMENT
IKON OFFICE SOLUTION
IPC PRINTING
IPMA - ASSESSMENT SERVIC
GINDRA/PATRICIA
GOHNSON BROS. LIQUOR CO.
K MART
K[.EESPIE TANK &PETROL. EU
KUEHN/GEAN
KUETHER DIST. CO.
I_AWN SERVICE-SNOW REMOVA
LYNDE COMF'ANY
MARK VII DIST.
MASYS CORP.
MENARDS CASHWAY LUMBER-F
METRO CASH REGISTER SYST
METRO PHONE CONNECTORS
MIDWAY FORD
80025 70.77
80024 40.49
80025 120.00
80026 185.55
80027
80028 255.55
80029 55.65
80050 22~458.65
80051 52.90
80052 708.00
80035 191.11
80054 21.00
80055 45..40
80036 56.81
80037 185.00
80038 500.00
80059 105.00
80040 106.46
80041 258.77
80042 54.10
80045 62.41
80044 129.02
80045 1~590.00
80046 1~689.00
80047 126.42
80048 11.50
80050 11~725.25
80051 64.26
80052 29.95
80053 96.80
80054 169.86
8005.5 159.50
80056 .55. O0
80057
80058 56.18
80059 199.89
80060 ~3.28
80061 45,902.58
80062 1,037.85
80063 109.58
80064
80065 1~040.78
80066 472.89
80067 171.46
80068 87.76
80069 100.89
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06#O0 PAGE 7
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
MIDWEST ASPHALT CO.
MIDWEST LOCK & SAFE
MILSTEN/MARY
MINNESOTA COACHES
MINNESOTA PLAYGROUND INC
MINNESOTA SUN PUBLICATIO
MINNESOTA'S BOOKSTORE
MN DEPT OF PUBLIC SAFETY
MN STAI'E TREAS BUILDING
NATIONAL ARBORIST ASSOCI
NORTH METRO HUMANE SOCIE
NORTH METRO MAYORS ASSOC
NORTH STAR ICE
NORTHERN TOOL & E~UIPMEN
OFFICE DEPOT
OLSON'S PLUMBING
PACE ANALYTICAL
PATTON IND. PRODUCTS
PAUSTIS & SONS
PC SOLUTIONS
F'EPSI-COLA-7 UP
PHILLIPS WINE & SPIRTS
F'INKERTON SERVICE GROUP
PLETCHERS
PRENTICE HALL
PRIOR WINE
PROGRESSIVE CONSULTING E
PRYOR RESOURCES~ INC
RADIO SHACK
RAF'IT PRINTING - FRIDLEY
RD~ SPECIALTIES INC
RESPOND SYSTEMS
RUETI'IMANN/ROBERT
RUFFRIDGE-JOHNSON EQUIP.
SARATOGA CO.
SHARP HEATING & AIR COND
SIGN LANGUAGE & GOLDEN A
SIMON & SCHUSTER
SOFTWARE TAILORS
SPECIALTY SALES SERVICE
SROGA'S AUTOMOTIVE SERVI
STAR TRIBUNE
SYSTEMS SUPPLY INC.
TARGET STORES-ACCT8 REC
TENNANT COMPANY
THATCHER ENGINEERING INC
TOWN & COUNTRY OFFICE CL
80070 62.45
80071 470.65
80072 2.82
80075 680.00
80074 1.210.82
80075 287.00
80076 160.00
80077 760.00
80078 845.65
80079 15.95
80080 1~062.72
80081 65.06
80082 848.58
80085 264.59
80084 994.55
80085 116.52
80086 55.00
80087 40.21
80088 116.~96
80089 460.1~
80090 57.55
80091
80092 200.~&4
80095 1~580.91
80094 95.47
80095 557..40
80096 1~254.00
80097 125.00
80098 26.58
80099 444.17
80100 525.10
80101 111..80
80102 55.00
80105 28.8~B
80104 50.73
80105 25.05
80106 21.50
80107 109.2~
80108 20.00
80109 1.8.45
80110 58.58
80111 11~.~
80112 ~17.17
8011J ~1.94
80114 150.00
80115
80116
BRC FINANCIAL SYSTEM
07/09/1999 10
Check History
7/12/99 COUNCIL LIST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PAGE 8
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
TRUGREEN CHEMLAWN
TULL BEARING
UNIVERSAL SIGN
VIEDO BY CYCLING
VIKING ELECTRIC SUPPLY
WEATHERAMA
MW GRAINGER
80117 104.29
80118 55.51
80119 5~795.00
80120 180.50
80121 15.86
80122 78.45
80125 121.42
:RC FINANCIAL SYSTEM
~7/09/1999 10: 10:15
'UND RECAF°:
'UNI) DESCRIPTION
GENERAL
COMMUNITY DEVELOPMENT FUND
PARKVIEW VILLA NORTH
ECONOMIC DEVELOPMENT AUTH
SECTION 8
STATE AID MAINTENANCE
F:'ARKVIEW VILL. A SOLJTH
CABLIE TELEV IS I0~
RENTAl... HOUSING
k I BRARY
COL. HGHTS AFTER SCHOOl_ ENRI
STATE AID CONSTRIJCTION
CAPITAL. IMPROVEMENT - PIR
WATER [JTILITY
SEWER UT I L I I'Y
REFUSE F[JND
LIQUOR
WATER CONSTR[JCTION FUND
SEWER CONSTRUCTION FUNI)
CENTRAL GARAGE
ENERGY MANAGEMENT
DATA PROCESSING
PERMIT SURCHARGE
CONTRIBUTED PRO~ECTS-REC
CONTRIBUTEI) PROJECTS-GEN
INSURANCE
ESCRGW
INVESTMENT TRUST
FLEX BENEFIT TRUST FUND
"OTAL ALL. FUNDS
;ANK RECAP:
:~ANK NAME:
i~ANK CHFCKIN8 ACCOUNT
"OTAL ALL BANKS
Check Nistory
DISBURSEMENTS
62,760.66
804.75
8~014.07
55..00
56~764.20
11,157.11
1,915..48
1,152.85
8~190.()1
2,202.06
2,200.00
2,061.64
1,275.78
2,5&1.46
580,585.47
5,570 .. 00
585. O0
5,618.61
8,514.18
1,523.71
845.63
4,825..89
1,285.81
7,462.17
215,556.25
600,000.00
6,110.30
1,405,211.02
DISBURSEMENTS
1,405,211.02
1,405,211..02
RC FINANCIAL SYSTEM
7/09/1999 10
Check Hi~!ory
7/12/99 COUNCIl?LIST BREAKI)OWN
CITY OF COLUMBIA HEIGH'I"S
GL540R-'V06. O0 PAGE 2
ANK VE~NI)C)F~
[;FLECK NUMBER AMOUNT
:ANK CHECKING AC[;OUNT
T H I BAULT/MOLLY
TRENCH/DORTHA
WI:NE: COMPANY/THE
WINE MERCHANTS
WORL. D CL. ASS WINE
YUREKO/CAROI_E
ABI_E F'ROPERTY MANASEMENT
ACCAP
AI,IDERSON/ROLAN E
AF'ACHE VILLAGE AF'T'"'COIdSO
BALLE:NTI NE/BRLJCE 8
BEL. LAND/LOI~ETTA
BERG F:'ROPE~RT lES
BERO/L.O~S
BI...AHN ~ K/~ANCE
BOETTCHER/LARRY
CAD :[ E UX/RONALD
CER I C/NEDZAD
C Fl I E: S/DON,
CHR I STEN~EN/R:[CHAR~
CREST VIEW LUTHERAN HOME
CROC KETT/JAMES
DALSETFI/MARILYN
DEMEULES/LISA
DUC KWORTH/G ~ NC~ER
IEGGE/~AMES
EI...MQUIST/ARNOL. D C
FANG/KWEI-WU
F:' E: N P,I E: / A V E R Y
F I NDELL/DONALD
FI...OD I N/MARV ~ N
~ROME K/THOMAS
GLJLL.AND/BE~NAF~D
GURLEY/DORIS
HANSEN/EDWIN & DOROTHY
HANSON/CLARENCE
HINDS/MELBOUrNE
HINES/GORDON E
HOIUM/VERNOW S
I VES/M I CHELLE
JONES/DOUGLAS
~OR~ENSON/LEE ANN
KHAN/MU~TABA
KLEINMAN REALTY CO
KOSTER/KENNETH
KOWAL. ZE K/HARVEY
79832 18. O0
79833 117.58
79834 246.12
79835 780 .. 85
79836 320.80
79837 39. O0
79838 269. O0
79839 4,976. O0
79840 265. O0
79841 516.. O0
79842 455. O0
79843 57. O0
79844 939. O0
79845 572. O0
79846 851. O0
79847 1,328. O0
79848 305. O0
79849 332. O0
79850 341. O0
79851 811. O0
79852 156. O0
79853 508. O0
79854 1,049.00
79855 17.00
79856 656. O0
79857 526..00
79858 665. O0
79859 523. O0
79860 650. O0
79861 594. O0
79862 2425. O0
79865 665. O0
79864 348. O0
79865 71. O0
79866 360. O0
79867 440. O0
79868 353. O0
79869 366. O0
79870 646. O0
79871 249. O0
79872 58. O0
79873 24.00
79874 1. O0
79875 344. O0
79876 153. O0
79877 547. O0
79878 1., 768. O0
~RC FINANCIAL SYSTEM
~7/09/1999 10
Check History
7/12/99 COUNCIL'~LIST BIBEAKDOWN
CITY OF COLUMBIA HEIGHI'S
GL540R--V06. O0 F'AGE 4
:ANK VENDOR
CHE[;K NUMBER AMOUNT
tANK CHECKING ACCOUNT
UNION 520
UNITED WAY
WYANDOTTE COUNTY COURT H
DELTA DENTAL
ABLE[ HOSE & RUBBER INC
ADVANCED DIGITAL SOLUTIO
AIR TOLJCH CELLULAR
AWSUMB/DAWN
BELL.BOY BAR SUPPLY
BELLBOY CORPORATION
BRADLEY REAL ESTATES INC
BR I LEY/SHAR I
CHILI)S/LORAI NE
COLUMBIA HEIGHTS I
COMMUN III UNI TED METHODI
CSI ERGONOMICS
CUB F:'OODS
~EL. EGAR~ TGOL CO.
~E:TTMAN/~UDY
I=OLKMANI5
GABL. E/80Y
GAONON/GREOG
GENUINE PARTS/NAPA AUTO
HANSEN/KE~ ~ N
IKON OF:'F:'~CE ~OLLJTION
EENI)ALL/~AN~T
KL.O~/MARY
I_IN~GREN/MATT
I..C~ADEF~/REBE~CA
M.A ASSOCIATES INC
MEDICINE L.A~E TOURS
HEI_RO5E PYROTECHNI~
MINNEAF:'OLI~ PUBLIC HOUri
MINNIESOTA BRA~S INC DRUM
MINNESOTA TWINS
MN ~EF'T O~ L. ABOR ~ INDU~
NORSEMAN AWARD~ · ENGRAV
WORTHERN ~TATE~ POWER
OL..~ON/KELLY ~
PETERS PLACE
PINNACL.E
PRECISION PAVEMENT MARKI
SCHM:[~T/~EANIWE M
~T I='AUL-WC/THE
STAF~ TF~IBUNE
SZUREK/MARLA I NE
';'OM'~ MECHANICAL M~J~IC
79927 986.00
79928 46.00
79929 150.00
79950 1~815.45
79952 22.69
79955 1,~02.06
79934 90.28
79955 5.00
7995~ 74.00
79937 4~589..95
79938 10~189.96
79939 17.02
79940 501.00
79941 4~520.97
79942 1~700.00
7994~ 19.75
79944 556.62
79945 28..25
79946 59.00
79947 221.57
79948 59.00
79949 40.00
79950 200.72
79951 55.68
79952 517.10
79953 59.00
79954 5.07
79955 8..74
79956 44.82
79957 54..09
79958 1,585.50
79959 6,000.00
79960 7,998.20
79961 500..00
79962 50.00
79963 45.00
79964 74.55
79965 50.28
79966 5.72
79967 12.00
79968 101.65
79969 11,776.75
79970 5.55
79971 7~462..17
79972 1~705.04
79975 224.40
79974 500.00
RC FINANCIAL SYSTEM
710911999 10
Check History
7/12/99 COUNCIL"~'IST BREAKDOWN
CITY OF COLUMBIA HEIGHTS
GL540R-V06. O0 PAGE 6
ANK VENDOR
CHECK NUMBER AMOUNT
ANK CHECK]lNG ACCOUNT
DEMCO
DIEMCO MEDIA
DEF"[ OF:' COMMERCE -N[)TRN
DIAMOND VOGEL PAINTS
DI...T SOLUTIONS
DON'S APPLIANCE
DOYL. E L.OCK SUPPLY
EAST SIDE BEVERAGE CO
EDUCATORS PROGRESS SERVI
EMBIEDDE~ SYSTEMS
IE:MI::'
IENGLER/~RY JO
EV~H6E:L IME SPEC~ ~L.T ~E~
F'~CTORY ~OTOR F'~RTS
I::'I...EX COmPENSaTiON ~
I=R I ~I..EY-BOLU~B I ~ HE ~ GHTS
FR~ENDI...Y CNEVROLET GEO~
G & K SERVICES
GLENWOOD lNGLEWOOD
GLOBAL. COMF'UTER SUPPLIES
GOODIN CO.
GRIGGS-COOPER ~ CO
GUTKAES/KAREN
HACH COMPANY
HANKS SF'ECIALTIES
HEIGHTS EL. ECTRIC INC.
HOHENSTEINS INC
HOME[ I)EF:'OT ~2802
HOOVER WHEEL ALIGNMENT I
IKON OFF:ICE SOLUTION
IPC PRINTING
IF'MA - ASSESSMENT SERVIC
J l NDRA/PATR I C I A
~OHNSON BROS. LI[4UOR CO.
K MART
KI...EESPIE TANK ~ PETROLEU
KUEHN/~EAN
KLJETHEER DIST. CO.
LAWN SERVICE-SNOW REMOVA
I_YNDE COMPANY
MARK VII DIST.
MASYS CORP.
MENARDS CASHWAY [.UMBER-~
METRO CASH REGISTER SYST
METRO PHONE CONNECTORS
MIDWAY FORD
80025 70.77
80024 40.49
80025 120.00
80026 183.55
80027 6~295.00
80028 255.55
80029 55.65
80030 22,438.65
80031 52.90
80032 708.00
80033 191.11
80034 21.00
80035 45.40
80036 36.81
80037 185.00
80038 500.00
80039 105.00
80040 106.46
80041 258.77
80042 54.10
80043 62.41
80044 129.02
80045 1,390.00
80046 1,689.00
80047 126.42
80048 11.50
80049 2,543.33
80050 11,725.25
80051 64.26
80052 29.95
80053 96.80
80054 169.86
80055 159.50
80056 35.00
80057 2,975.69
80058 56.18
80059 199.89
80060 23.28
80061 45,902.38
80062 1,037.85
80065 109.58
80064 9,576.43
80065 1,040.78
80066 472.89
80067 171.46
80068 87.76
80069 100.89
iRC FINANCIAL SYSTEM
,7/0971999 10
Check History
7/12/99 COUNCIL:' ~EIST BREAKDOWN
CITY 01= COLUMBIA HIEIGHI'S
GL540R-V06. O0 PAGE 8
~ANK VENDOR
CHECK NUMBER AMOUNT
~ANK CHECKING ACCOUNT
TRUGREEN CHEML. AWN
TUI_I_ BEARING
UNIVERSAl... SIGN
VIEDO BY CYCLING
VIKING E'".I...ECTRIC SUPPLY
WEATHERAMA
WW GRAINGER
80117 104.2~
80118 55.51
8011~ 5~795.00
80120 180.50
80121 15.86
80122 78..45
80125 121.42
.1. ,405,211.02 ***
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHOPATY 0!IDA)
REGULAR MEETING MINUTES OF MAY 18, 1999
TOUR OF FACILITY - At 5:30 p.m. Commissioners met at Parkview Villa for a tour of facilities hosted by
Jennifer Stoopes-Mokamba, Housing AdmlnisWator, Bill Ganlt, Building Maintenance; and Pat/Rueben Bush,
Building Caretakers. The tour included Unit #101, a handicapped accessx~ole apartment; Unit #218, an apartment
with new flooring; Unit//207, a vacant unit showing the poor condition some apamnents are left in; a laundry room;
tub rooms; h'orary; beauty salon; kitchen; meeting rooms; and the penthouse boiler room on the roof. Following the
tour, coffee and donuts were served.
CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (FDA) was
called to order by President Ruettimann at 6:40 p.m., Tuesday, May 18, 1999, in the Parkview Villa Community
Room B, 965 40a' Avenue NE, Columbia Heights, Minnesota.
ROLL CALL
Commission Members Present:
Commi~ion Members Absent:
StaffPresent:
Robert Ruetfimann, Marlaine Szurek, Gary Peterson, lulienne Wyckoff, and
John Hunter
Patricia lindra, Don Jolly
Walt Fehst, Executive Director
Ken Anderson, Deputy Executive Director
Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Aclrnin_
PLEDGE OF ALLEGIANCE
ADDmONS/DELETIONS TO MEETING AGENDA - There were no additions or deletions to the agenda.
CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be
enacted as part of the Consent Agenda by one motion).
A. Adopt the consent agenda items as listed below.
I) Approval of Minutes - regular meeting, of April 20, 1999.
Move to adopt the minutes of the April 20, 1999 regular meeting as presented in writing.
2) Financial Report and Payment of Bills.
a. Financial Statement- April, 1999.
b. Payment of Bills - April, 1999.
Move to approve Resolution 99-06, Resolution of the COlumbia Heights Economic Development Authority (FDA)
approving the financial statement for April, 1999 and approving payment of bills for April, 1999.
MOTION by Szurek, second by Peterson, to adopt the consent agenda items as listed. All ayes. MOTION
CARRIED.
REPORT OF ~ MANAGEMENT COMPANY
A. SenniCer .qtoopes-Mokamba, Pafltview Villa Public Housing Adminish-ator.
Ms. Stoopes-Mokamba reported the Fire Department has completed inspection of the NOrth, South and four-plex
buildings with no violations found. The South building generator battery has been replaced. The Capital
Improvement Committee met on May 13 and will meet again on May 20 to assist in budget considerations. Areas in
need of attention include kitchen cabinets, hall lighting, women's bathroom and common areas. Mr. Anderson
requested copies of these minutes be included in the next agenda packet.
MS. Wyckoff questioned why the system of putting door cards outside the door was not used to check on residents.
Staff indicated at one time this was a common practice, but currently only one floor of residents does this to check
on their neighbors. Mr. Hun~r questioned why the elevators have not been repaired. Mr. Anderson stated there is
currently a contract with Elevator Advisory Group and specifications have been reviewed and returned to the
consultant on May 7. This was delayed because of updates to the fire control system resulting in these items being
removed from the specifications. Bids will be advertised for 21 days upon review and approval of the specifications
by HUD engineers. It was desired to do both elevators in the North building at once, but the ClAP grant amount
Economic Development Authority Minutes
May 18, 1999
Page 2
will only allow corrections to one elevator. A new controller that will bring both elevators to the same floor would
be possible (but not desirable), staying within the $129,000 budget, and additions or deletions after figs cost is
determine~L Mr. Anderson also stated next year there will not be a CIAP program. The process will be changed to
Fair Share, allowing $1,000 to $1,200 per unit each year. Mr. Hunter poimed out the dangers with the elevators
opening and not being level wi~ the floor. He felt signs should be posted warning residents and that this problem
has gone on way too long. Ms. Stoopes-Mokamba will contact Lagerquist Elevators with a service call
Ms. Stoopes-Mokamba indicated today was the StaffWork Day, where staffwork outside of the building to
beautify the grounds. She also listed current occupancy statistics. Ms. Stoopes-Mokamba spoke to the City
Attorney regarding the resident who is not using the car they have parked in the garage. The Attorney indicated that
as long as they are paying for the spot they are not doing anything wrong and there is nothing management can do.
Ms. Stoopes-Mokamba stated she would be presenting Resolution 99-08, Approving Calculations of Performance
Funding Sysmn Operating Subsidy for 1999. She pointed out this form is currently not complete because she is
waiting for additional information.
CITIZWN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGE]NDA
A Park'view Villa resident asked if they could rent a garage space and just leave it empty. Mr. Ruettimann stated
there is nothing that can be done regarding the resident who has a car in the garage and does not use it, but these
items can be addressed in future agreements. Ms. Stoopes-Mokamba indicated she is no longer able to nm
ownership checks through the Police Department.
RECOGNITION. PROCLAMATIONS. PRESENTATIONS, GUESTS - None.
PUBI~IC HEARINGS - None.
ITEMS FOR CONSIDERATION
A. Other Resolutions.
1. Resolution #99-07. Ms. Stoopes-Mokamba presented Resolution ~)9.07 which is a revision of the I998
Calculation of Performance Funding System Operating Subsidy showing correct year end figures based upon actual
expenses.
MOTION by Wyckoff, seconded by Szurek, to approve FDA Resolution 99-07, Being a Resolution of the
Columbia Heights Economic Development Authority Confirming Approval of the Calculation of Performance
Funding SysR~m Operating Subsidy Revised for 1998; and furthermore, to direct the Executive Director to forward
same to the U.S. Department of Housing and Urban Development. All ayes. MOTION CARRIED.
2. Resolution #99-08. Ms. Stoopes-Mokamba presented Resolution//99-08, an estimate for the 1999 Calculation
of Performance Funding System Operating Subsidy. This form is not currently complete because she is still waiting
for a utility figure. She requested approval with review of the form by the EDA President, Executive Director, and
one additional Commi.~sioner upon completion.
MOTION by Peterson, second Szurek, that upon approval of the EDA President, Executive Director, and one
additional EDA Commi~ioner, with a copy of the final forms to be sent to the rest of the Commiss/onem, to
approve EDA Resolution 99-08, Being a Resolution of the Columbia Heights Economic Development Authority
Confirming Approval of the Calculation of Performance Funding System Operating Subsidy for 1999; and
furth~ore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban
Development. All ayes. MOTION CARRIED.
FRIENDLY AMENDMENT from the Chair to Peterson and Szurek that two FDA Commissioners review the final
Operating Subsidy for 1999 with a copy of the final forms given to the rest of the EDA Commissioners. Both
Peterson and Szurek approved. All ayes. MOTION CARRIED.
B. Bid Considerations.
1. Award ConWact for Demolition of Slructurcs. Mr. Anderson referred to the bid summary sheet with a high
bidder of $171,433 and low bidder of Blue Earth Environmental with a bid of $80,800. The two properties for
Economic Development Authority Minutes
May 18, 1999
Page 3
demolition owned by the FDA total $70,500. The most si,tmifiCant cost is with 4150 Central Avenue NE building,
because of asbestos abatement requirements. City Council took action and approved their portion of the bid. The
funds will come from the 1997 and 1998 CDBG Commercial Revitalization Account This site will be left
buildable and the grade will be leveled off. The EDA will be respons~le for mainl~zance on this lot which will be
done by the lawn service hired t9. do the other EDA properties. Mr. Ruettimann suggested selling the property to
the City to blend in with their long range planning.
MOTION by Ruettimann, second by Peterson, to award the Demolition, Site Clearance, and Site Restoration work
to Blue Earth Environmc-ntal Company, Inc. based upon their low, qualified, respons~le bid in the amount of
$80,800 (EDA $70,500) with funds to be appropriated from proper funds and CDBG Commercial Revitalization.
Account funds of 1997 and 1998 for 4150 Central Avenue NE; and furthermore, to authorize the President and
Executive Director to enter into an agreement for same. All ayes. MOTION CARRIED.
Discussion followed. Mr. Peterson questioned if Mr. Nedegaard was contacted regarding the demolition process.
Mr. Anderson stated it was not allowed to include Mr. Nedegaard's property in this bid, but it was suggested these
companies talk to him and will refer him to the low bidder to poss~ly realize a cost savings because their equipment
will be close to this location. Mr. Peterson questioned the status of 4216 Central Avenue NE. Mr. Anderson
indicated the State transfen~ title to the City. This should have been in the name of the FDA. In March the
County said this would be corrected. On March 31 this was corrected and recorded, but an original has not been
received, ffthis is received, a public hearing will be held at the June FDA meeting as agreed by the FDA to sell this
property to Mr. Nedegaard for the purchased price of approximately $11,800 plus attorney fees. Mr. Hunter
questioned the key shop on the comer. Staff gave a brief history stating the gentleman is not interested in moving as
the HRA has moved him once before. Mr. Anderson and some FDA Commissioners intend to approach him:
Eminent Domain would require payment of relocation fees and expeme~. Mr. Ruettimann suggested the FDA hwn
service be contacted to take care of the property north of 42~a. Staff will make this contact. Mr. Hunter questioned
when demolished, if this will be used by adjacent businesses for parking. Mr. Anderson stated no, it would possl~oly
be 5~eded until coBsl~llction commences.
Co
Other Business
1) Parkview Villa Parking Policy - no action, prior discussion,
2) Columbia Heights Mall Subordination Agreement.
Mr. Ruettimann informed Commissioners he asked staff to contact our attorney to write a brief synopsis, and as that
has not been received he recommended tabling this item until proper documentation is provided. Mr. Fehst stated it
is not being recommended to sign the Agreement as technically they are in default by requesting the taxes be
lowered by request of the.court Staff can recommend Mr. Bubul, Attorney be present at an FDA meeting to answer
questions. Mr. Anderson and Mr. Fehst spoke to Mr. Bubul and went through the agreement point by point. To
rectify the default of Item 2 on page 2, staffrequested an agreement be signed whereby they will agree to withdraw
the request for tax reduction on the mall. Once this is signed Mr. Bubul advised staff to recommend the
Commission sign the Agreement on the condition of confirmation that the tax petition to Anoka County has been
withdrawn. Mr. Anderson received a letter from the owners of the mall and a Certification of Assessment
Agreement, agreeing to the assessment value of $3.4 million, withdraw the request for tax reduction, and further
agree to not request a reduction in the future. He also spoke to Ed Thurston from the Anoka County Assessor's
Office, who stal~l he was going to instruct the Anoka County Attorneys office to dismiss this tax'reduction request.
Mr. Ruettimaun repeated his request for a written synopsis of each item of the Subordination Agreement so
Commissioners are fully aware of what they are agreeing to.
MOTION by Peterson, second by Wyckoff, to table Item C.Z. Columbia Heights Mall Subordin_n_tion Agreement to
the next EDA meeting to be presented with a synopsis of the Agreement by Mr. Bubul, Attorney, with him invited
to be present to answer questions to satisfy Mr. Ruettimann's request. All ayes. MOTION CARRIED.
3) Section 8 Report.
Mr. Anderson referred to the Section 8 report indicating there are currently 48 Certificates and Vouchers being
utilized. There are currently 8 port outs to other locations and 95 port ins from other locations. Mr. Ruetfimaun
ordered the Section 8 report filed as written.
4) CDBG/MHFA Report.
Mr. Anderson referred to the MHFA/CDBG report indicating 24 MI-IFA loans have been processed and closed and
Economic Development Authority Minutes
May 18, 1999
Page 4
there are currently 27 people on the CDBG waiting list. Mr. Anderson offered to meet with Mr. Hunter and Ms.
Wyckoff, at the/r convenience, to explain these programs in more detail.
5) Review of CDBG/MHFA Loan Applications.
A. CDBG Deferred Grant/Loan Application C98-02.
Mr. Anderson explained tiffs type ~'f loan allows up to a 50% deferral (10% per year) if the home is owned for ten
years. He presem~ CDBG application C98-02, a request for $14,910 in housing rebabilitation funds. The job was
bid three times because the required amount of bids were not received. The origins! request was for $17,260, but
the maximum loan amount is $15,000 so two imus were deleted to meet this requirement William Mattson
Construction was the low bidder. Some additional information is necessary for Anoha County approval and is in
process. Staff recommended approval.
MOTION by Szurek, seconded by Wyckoff; to approve the CDBG Home Improvement GrantJLoan Application
C98-02 for property at 4005 Hayes St. NE, totaling $14,910 to William Mattson Construction, and fur~ermore, to
d/feet and author/ze staff to submit said application to Anoka County and to authorize all related expenses to be
reimbursed from fund 202-46350-4600. All ayes. MOTION CARRIED.
Mr. Fekst questioned how we could get more contractors to bid in the future. Mr. Anderson stated a list of
contractors is compiled and given to the homeowner. Mr. Anderson stated he has contacted the Center for Energy
and Environment regarding a possible contract to complete these loans. The City of Fridley has contracted ~ firm
for several years. He has asked that they submit a proposai to the EDA, which will be presented at the next FDA
meeting for consideration.
B. MHFA Loan Application M98-35.
Mr. AndeTson presented MI-IFA Loan Application M98-35, a request for $15,155 to do a roof tear off and repair,
/usulate, install a new 100 amp electric service, install an egress window, and repair the main bath and conslmct a
new bath in the basement. The application meets loan criter/a based upon preliminary staff review. Staff suggested
this application be submitted to the MI-IFA for prior appwval due to the history of a recent bsnicruptcy. MHFA will
purchase such a loan if credit has been re-established.
MOTION by Wyckoff, seconded by Szurek, to approve the home improvement loan number M98-35, a request for
Minnesota Fix Up Funds in the amount of $14,155 subject to meeting all program requirements; and furthermore, to
direct and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION CARRIED.
C. MHFA Loan Application M99-02.
Mr. Anderson presented MI-IFA Loan Application M99-02, a request for $4,955 to re-roof and install a patio door.
The application meets the loan criteria based upon a preliminary staff review at 6% interest.
MOTION by Szurek, seconded by Hunter, to approve the home improvement loan nu_m_l~r M99-02, a request for
Minnesota Fix Up Funds in the amount of $4,955 subject to meeting all program requirements; and furthermore, to
d/rect and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION cARRIED.
ADMINISTRATIVE REPORTS.
A) Report of the Deputy Executive Director.
Mr. Anderson indicated he talked to Kevin Hansen, Public Works Director, regarding a prior Citizen Forum request
by Dave Bristol asking for help with a sinidng foundation. Mr. Hausen indicated there have been four sanitary
sewer breaks in this area in the past year. However, this problem does not ~ for FEMA fimds because it has
not been designated a disaster area. Mr. Ruettimann indicated he has talked to Mr. Elwin Tinldenberg, who will
speak to Mr. Mondale and look for possible funding for this one to two block area. Mr. Ruettimmm requested to
know which homes are built on pilings.
Mr. Anderson spoke to the party interested in purchasing and starting a business at 3800 5~ Street NE who stated
the property has already been purchased by a party from Denver, Colorado. The interested party plans to contact
thc new owner and propose to purchase this property. Staff indicated benefits to the City would include a new
building on the site and an estimated 250 new jobs created. Mr. Fehst indicated it may be beneficial to consider
eminent domain to the owner in Denver.
Economic Development Authority Minutes
May 18, 1999
Page 5
Mr. Anderson indicated discussions have begun to posm~oly conslruct a "gateway" sign at the south entrance of
Columbia Heights.
B. Executive Director Report.
Mr. Fchst reported that Special, ,Legislation to extend TIF districts by four years was dropped. There is now a $6
million dollar fund available that cities may apply to for asaislan~. The applications have not yet been creal~l, but
we are on record to receive an application. Mr. Anderson stated the EDA attorney indicat~l the application forms
will be filled out based upon TIF forms that will have been submitted to the auditors. Mr. Ruettimamx reminded
Corr~mi.*sioners of the i .mlxa'tanco of correct and complete TIF reports. This fund may be as beneficial as the 'IfF
lesishtion especially in the short term.
C. Committee/Other Reports.
Mr. Ruettimann questioned if ACCAP repaid their loan and where it went?. Mr. Anderson stated two loans were
issued to ACCAP with a balloon payment due in 1999, but at the end of 1998 they issued bends for other purposes
ami decided to refund that debt of roughly $165,000. Staff is looki~ at using those fimds for our Scattered Site TIF
program or other options to be proposed in a letter to the EDA on how to disburse those funds.
MEETINGS
Due to several Commissioners and the Executive Director having conflicts on June 15~, the next EDA meeting date
was changed from the third Tuesday of the month to the fourth Tuesday of the month and will therefore be held at
6:30 p.m., Tuesday, June 22, I999 in Community Room B at Parkview Villa.
President Ruettimann adjoumed the meeting at 7:50 p.m.
Recording
City of Columbia Heights
Park and Recreation Commission
JUne 23, 1999
THESE MINUTES HAVE
NOT BEEN APPROVED
The meeting was called to order by Chairperson Eileen Evans at 6:30 p.m.
ROLL CALL
Members present:
Eileen Evans; Bruce Magnuson; Gary Mayer; Scott Niemeyer;
Gary Peterson; Bob Ruettimann; Keith Windschitl, Recreation
Director
Members absent:
Jerry Foss; Kevin Hansen, Public Works Director/City Engineer
APPROVAL CONSENT AGENDA
Motion by Ruettimann, second by Mayer to approve the consent agenda. All ayes, motion
carded.
LETTERS AND REQUESTS
There are no letters or requests at this time.
OLD BUSINESS
SMOKING POLICY IN LABELLE LOUNGE
Members discussed the current smoking policy in the LaBelle Lounge, where smoking is
allowed. The carpet in the LaBelle Lounge has many bum holes from cigarettes and needs to be
replaced. Some members felt it would be better to have ceramic file in the LaBelle Lounge
instead of carpet. The Recreation Director has budgeted for carpeting in the LaBelle Lounge
and stairway. Motion by Ruettimann, second by Magnuson to table the proposed change in the
smoking policy for the LaBelle Lounge and instead have the Recreation Director get prices for
ceramic tile in that area. All ayes, motion carried.
NEW BUSINESS
COMMUNITY USE OF CITY 15-PASSENGER VAN
The City Manager has requested input on community use of the 15-passenger van the city is
purchasing. Members felt the police department should verify that all users have a valid drivers
license. They also felt the vehicle should be returned in the same condition and checked for
damages. If is taken out with a full gas tank, it should be returned with a full tank. The
Recreation Director will do some research on how the city bus was loaned out in the past and
report back to members at the July meeting.
PAGE TWO
MINNESOTA TWINS MOLITOR FIELDS FOR KIDS GRANT
Members discussed the grant which offers $5,000 of matching funds. The grant requires that we
display signage in the parks with logos of the MN Twins, NW Airlines, and Pepsi. Members
inquired as to who pays for the signs and how long they must be displayed. The Recreation
Director will get more information and report to members at a later meeting. The next grant
application is due in February, 2000.
JPM ROOF DAMAGE ON SOUTHWEST CORNER OF BIdILDING
Some shingles have blown offthe roof on the southwest comer of JPM. The shingles are
believed to be fiberglass. Members felt that we should replace them with asphalt shingles. The
Recreation Director will get prices on repairing the roof.
JPM CAPITAL EXPENSES FOR 2000
Members reviewed each item listed on an informational basis.
NAME TAGS FOR PARK & RECREATION COMMISSION MEMBERS
Members looked at samples of name tags. Members felt there should be two tags available, one
with a pin and the other with a pocket flap. Motion by Ruettimann, second by Niemeyer to order
name tags for staff and commissioners with the appropriate verbage and the Columbia Heights
logo. All ayes, motion carried.
REPORTS
RECREATION DIRECTOR
The Recreation Director reported that he has received many positive surveys back from citizens.
He made a presentation today to the Chamber of Commerce and plans to also present to the
VFW, Lion's Club, and Firefighters Auxiliary. The summer programs and Wild Wednesday
trips are going well.
PUBLIC WORKS DIRECTOR/CITY ENGINEER
No report at this time.
PAGE THREE
COMMISSION MEMBERS
No report at this time.
AD/OURNMENT
Motion by Ruettimann, second by Mayer to adjourn. All ayes, motion carried.
adjourned at 7:12 p.m.
Meeting
Janice McGhee-Fetzer, Park & Recreation Commission Secretary
July 12, 1999
City of ~Columbia Heights
590 40"' Avenue
NE
Columbia Heights, MN 55421
To Whom It May Concern:
We, the property owners at 4821, 4827, and 4833 Madison Street, are concerned
about the plans for the alley behind our property.
Because of the decaying retaining walls on our properties, the City's plan is to
only put in a 10-foot alley. This concerns us as we are being lee with the same
mess (weeds and erosion) that we have now and wa do not see this as an
improvement. Our assessment is also the same as those homeowners receiving
a 12-foot alley.
We propose that the City replace the retaining walls which am either on or
behind original City concrete curbing. In return we agree to have our
assessment raised from $750 to $1200. This is the assessment that most of the
homeowners along 48~ and Madison and Monroe will be paying.
In doing this, the City will be able to put in a 12 foot alley thereby eliminating the
need for 5 (five) driveway aprons. It would also eliminate the weed and erosion
problems previously cited. We believe that this proposal is mom in accordance
with the city's beautification project.
Thank you for considering our proposal.
Colleen Davalos
4827 Madison Street
571 - 1524
Kurt & ~arrie ~riesemer ""-Bol~'~-Mae~ngl~'
4833 Madison Street 4821 Madison Street
571-4283 - 572-1737
cc: Kathyjean Young, Assistant City Engineer