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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